text: At any time after the expiration of the redemption period, the county treasurer may, after approval of the board, sell and convey, pursuant to this article, a portion of any parcel purchased at delinquency sale by a county treasurer as trustee for the district at public or private sale and with or without notice.

article: 3. Subdivision and Sale

path: 15. RECLAMATION DISTRICTS > 5. Unredeemed Property > 3. Subdivision and Sale


kind: section

code: WAT

text: Upon receipt of a written offer to purchase a portion of any parcel, the county treasurer shall require the intended purchaser to make a partial payment in cash on the purchase price in an amount not less than fifty dollars ($50) fixed by the county treasurer.

history: (History: Added by Stats. 1951, Ch. 336.)

division: 15. RECLAMATION DISTRICTS

chapter: 5. Unredeemed Property

article: 3. Subdivision and Sale


text: When the written offer and partial payment are received by the county treasurer he shall notify the board of the offer and intended sale of a portion of the parcel.

article: 3. Subdivision and Sale


text: When the notification is received the board shall by minute action, approve or disapprove the sale and, in the event of approval, shall reapportion the assessment upon the parcel, including the delinquencies thereon, and penalties and interest, as provided by Chapter 6, Article 5 of this part.

history: (History: Amended by Stats. 1953, Ch. 804.)

article: 3. Subdivision and Sale


text: The board shall apportion the costs of making the reapportionment to the several parts into which the parcel is subdivided and between the several assessments upon the parcel.

article: 3. Subdivision and Sale


text: The board shall set forth in the reapportionment list the date to which the apportioned interest was computed.

article: 3. Subdivision and Sale


text:
The county treasurer, following board approval of the sale and reapportionment shall complete the sale of the subdivided parcel upon payment by the purchaser of the total of the following sums, less the amount of the partial payment made by him:

(a) The sum of delinquencies, penalties and interest apportioned and charged to the subdivided parcel.

(b) Interest on the amount for which the parcel was sold, as apportioned to the parcel, at the rate of 7 percent per year compounded annually from the date set forth in the reapportionment list to which interest was computed, to the date of the sale.

(c) The cost of making the reapportionment as charged to the parcel.

article: 3. Subdivision and Sale


text: The balance of the purchase price may be paid in cash or, to the extent that a bonded assessment constitutes a part of the purchase price in cash or in any matured bonds and coupons issued on the reapportioned assessment taken at their face value.

article: 3. Subdivision and Sale


text: The county treasurer shall execute a deed to the purchaser upon completion of the sale conveying the subdivided parcel free of encumbrances, except the unpaid balance of the reapportioned assessment and any other assessments of the district thereon.

article: 3. Subdivision and Sale


text: The partial payment shall be forfeited if the purchaser fails to complete the purchase of the parcel within 20 days after tender of the deed thereto by the county treasurer, and a demand for the balance of the purchase price.

article: 3. Subdivision and Sale


text: A forfeited partial payment shall be applied first to the costs of making the reapportionment, and any balance thereof shall be deposited in the maintenance fund, or in the general fund if the district has no maintenance fund.

article: 3. Subdivision and Sale


text: The proceeds of sale of subdivided parcels acquired by the county treasurer at delinquency sale for bonded assessments as trustee for the district, shall be deposited in the bond fund.

article: 3. Subdivision and Sale


text: The proceeds of the sale of subdivided parcels acquired by the county treasurer as trustee for the district at a delinquency sale for unbonded original and additional assessments shall be credited to the general fund.

article: 3. Subdivision and Sale


text: The proceeds of a sale of subdivided parcels acquired by the county treasurer as trustee for the district at a delinquency sale for operation and maintenance assessments shall be credited to the maintenance fund.

article: 3. Subdivision and Sale


text: When the redemption period has expired, and until the sale thereof, the district has the right to the possession of unredeemed parcels purchased at delinquency sale by the county treasurer as trustee for the district.

article: 4. Possession

path: 15. RECLAMATION DISTRICTS > 5. Unredeemed Property > 4. Possession


text: The board may maintain any action for the protection of the district’s rights in the unredeemed parcels, to the same extent as any other owner and the costs and expenses of such action or actions shall be a charge against the district.

article: 4. Possession


text: The board may expend district funds necessary to retire liens against an unredeemed parcel superior to the title of the county treasurer as trustee for the district.

article: 4. Possession


text: The board shall manage and control, and may lease for such reasonable rental and upon such terms as it deems advisable, and receive and collect the rental for all unredeemed parcels which remain unsold.

article: 4. Possession


text:
The board may apply all rentals collected or moneys received by it from the lease of unredeemed, unsold parcels, or for the use or occupation of such parcels, to:

(a) The payment of the incidental expenses of holding and leasing the parcels.

(b) The payment of any other incidental expenses of, or legal charge against the district.

(c) The purchase of outstanding district bonds matured or unmatured, with their coupons at not more than the face value of such bonds plus the accrued interest thereon.

(d) The payment of any call of any operation and maintenance assessment on any unredeemed, unsold parcel theretofore purchased by the county treasurer as trustee for the district.

article: 4. Possession


text: The bonds or coupons purchased by the board shall be forthwith delivered to the county treasurer and canceled.

article: 4. Possession


text: All rentals collected or moneys received from lease of parcels sold to the county treasurer as trustee for the district pursuant to the provisions of Chapter 4 of this part or for the use or occupation of such parcels, less the expenditures authorized by subdivisions (a) and (d) of Section 51754, shall be deposited in the county treasury to the credit of the bond fund of the district if the district is in default for interest or principal payment on any bonds issued by it.

article: 4. Possession


text: An amount equal to the revenues derived from each parcel by reason of the leasing, use or occupation thereof, less the incidental expenses of leasing and holding same, shall be credited by the county treasurer on the assessment lists against the delinquent charges on the parcel.

article: 4. Possession


text: When a district has levied an assessment and it appears to the board that it is unnecessary to collect all, or some portion of it, and it also appears to the board that the assessment or some part thereof is greater than required to meet all obligations incurred or to be incurred for the purposes for which the assessment or part thereof was levied, the board may, by resolution, request the board of supervisors to cancel all or any portion of the assessment including any interest thereon.

article: 1. Unnecessary Assessments

path: 15. RECLAMATION DISTRICTS > 6. Cancellation, Refund and Reapportionment of Assessments > 1. Unnecessary Assessments


text: The board shall specify in the resolution the portion of the assessment levied against each parcel which is to be canceled, describing each parcel as described in the assessment roll or by the number of the parcel as used in the assessment roll.

chapter: 6. Cancellation, Refund and Reapportionment of Assessments

article: 1. Unnecessary Assessments


text: The board of supervisors, upon receipt of the request, shall appoint a time when it will meet and hear any objections to the request.

article: 1. Unnecessary Assessments


text: Notice of the hearing shall be given as provided in Section 51244.

article: 1. Unnecessary Assessments


text: Objections shall be written, verified, and filed with the clerk of the board of supervisors, and no objection shall be considered by the board of supervisors or allowed in any other action or proceeding unless made in writing to the board of supervisors within 30 days after the first publication of the notice.

article: 1. Unnecessary Assessments


text: At the hearing the board of supervisors shall hear any evidence offered in support of the written objections and may approve, reject, modify or amend the request in any particular.

article: 1. Unnecessary Assessments


text: When an order is made approving, rejecting, modifying or amending the request, a certified copy of the order shall be attached to the assessment roll by the county treasurer in whose office the assessment roll is filed.

article: 1. Unnecessary Assessments


text: When the order is attached to the assessment roll the secretary shall endorse upon the assessment roll after each parcel assessed the amount of the assessment as to each particular parcel which has been canceled.

article: 1. Unnecessary Assessments


text: When a landowner, in any district in which the board of supervisors has canceled any assessment or portion thereof, has paid the assessment levied against his land, the board shall issue a warrant of the district in favor of the landowner in an amount equal to that portion of his assessment which was canceled, with legal interest thereon from the date of such payment to date of the warrant.

article: 1. Unnecessary Assessments


text: The warrants shall be payable out of the fund of the district into which the proceeds of the assessments had been paid.

history: (History: Amended by Stats. 1953, Ch. 805.)

article: 1. Unnecessary Assessments


text: No assessment or part thereof shall be canceled pursuant to this article if bonds based thereon and secured thereby have been issued and remain unpaid and provision has not been made for the payment thereof.

article: 1. Unnecessary Assessments


text: If an installment of any assessment has been called to pay the principal, interest, or principal and interest on any outstanding bonds secured by the assessment, and any of the bonds of such maturity have been refunded, or canceled, or not less than 90 percent of the bondholders have entered into and executed a plan for refunding the bonds or for the surrender and cancellation thereof, and by reason of any such facts the payment of the principal of such maturity of such outstanding bonds for which the call, in part or wholly, was levied is not required, the board shall, by resolution, cancel the call to the extent not required.

article: 2. Calls on Bonded Assessments

path: 15. RECLAMATION DISTRICTS > 6. Cancellation, Refund and Reapportionment of Assessments > 2. Calls on Bonded Assessments


text: A certified copy of the resolution shall be filed in the office of the county treasurer, and the county treasurer shall make the necessary entry in the records of his office to evidence the cancellation of the call.

article: 2. Calls on Bonded Assessments


text: The cancellation of any call pursuant to this article shall not be construed as reducing the assessment against any parcel.

article: 2. Calls on Bonded Assessments


text: If any landowner has paid the whole or any part of the call so canceled, the county treasurer, upon demand of such landowner, shall refund to him the portion of the amount paid which is not so required, or, if no demand is made, shall hold that portion as a credit to the landowner on future calls against his land under the assessment.

article: 2. Calls on Bonded Assessments


text: This article is applicable with respect to all bonds which are exchanged for refunding bonds, or otherwise canceled, either before or after maturity, to any delinquency sale as to which the period of redemption has not expired, and to all parcels purchased by a county treasurer as trustee for the district as to which the period of redemption has expired.

article: 2. Calls on Bonded Assessments


text: When assessment commissioners have been appointed and an assessment has been partially or fully completed but has not been approved by the supervisors, and the board finds that the amount to be provided by the assessment is insufficient to pay the outstanding obligations or to pay for necessary new work, it may by resolution cancel all proceedings, and petition the board of supervisors to have prepared a new report and estimate, and appoint the same or new assessment commissioners to spread the assessment.

history: (History: Amended by Stats. 1951, Ch. 681.)

path: 15. RECLAMATION DISTRICTS > 6. Cancellation, Refund and Reapportionment of Assessments > 3. Cancellation Prior to Completion of Levy


text: Any assessment erroneously made by reason of inadvertence or clerical mistake may be refunded upon order of the board at any time after payment thereof.

path: 15. RECLAMATION DISTRICTS > 6. Cancellation, Refund and Reapportionment of Assessments > 4. Erroneous Assessments and Invalid Calls


text: When an assessment has been levied upon district lands and any installment of the assessment called by the board or by the county treasurer is adjudged invalid by any court of competent jurisdiction, payments of the installment, including penalties and interest, made by any person before the call was adjudged invalid, may be credited by the treasurer of the county where the assessment list is filed on the assessment on which the invalid call was paid, and shall be applied to the payment of any subsequently called installment of the assessment on the parcel or upon demand, the county treasurer shall refund the amount of the installment adjudged invalid to the person who made the payment.

article: 4. Erroneous Assessments and Invalid Calls


text: When a parcel is sold by the county treasurer for nonpayment of a call of an installment of any assessment which is thereafter adjudged invalid by a court of competent jurisdiction, the court shall have power to set aside any and all proceedings or acts taken or had in connection with such sale and to cancel any certificate of sale and any deed made in pursuance of the sale.


text:
When any parcel located in a district upon which an assessment has been levied is divided, the board, upon written application signed by any or all of the landowners within the divided parcel, shall enter a minute order directing the reapportionment of the assessment upon the divided parcel in such manner as will charge each of the smaller parcels with a just proportion of the assessment.

When any parcel in a district is subdivided for the purposes of sale in accordance with Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code, the subdivider shall make written application to the board for the reapportionment of any assessment of the district upon the parcels and the board shall proceed to make the reapportionment in the manner provided in this article. The expense of the reapportionment shall be paid by the subdivider.

history: (History: Amended by Stats. 1984, Ch. 104, Sec. 3.)

article: 5. Reapportioning Assessments

path: 15. RECLAMATION DISTRICTS > 6. Cancellation, Refund and Reapportionment of Assessments > 5. Reapportioning Assessments


text: If the application for reapportionment is signed by all of the landowners, the reapportionment is final upon entry of the minute order.

article: 5. Reapportioning Assessments


text: If the application for reapportionment is not signed by all of the landowners within the divided parcel, the board upon making the minute order, shall file with the clerk of the board of supervisors a list of the charges assessed against each of the parcels, and the reapportionment shall be approved by the board of supervisors in the manner provided in Article 1 (commencing with Section 51230) of Chapter 2.

history: (History: Amended by Stats. 1984, Ch. 104, Sec. 4.)

article: 5. Reapportioning Assessments


text: If no application for reapportionment is received under Section 51890, the district secretary may, upon learning that a parcel upon which an assessment has been levied has been divided or subdivided, reapportion the assessment against that parcel among each of the smaller parcels in proportion to the relative acreage contained in each parcel. The secretary shall give to each owner of the smaller parcels written notice of the reapportionment so determined, advising that the reapportionment will become final unless the owners, or any of them, within 10 days of the mailing of the notice, file with the secretary a written request for a hearing before the board to determine the manner in which the assessment shall be reapportioned. If no request is received, the reapportionment shall become final upon adoption by the board. If a request is received, the secretary shall give to the owner of each of the smaller parcels written notice not less than 10 days prior thereto that a hearing will be held by the board to determine the reapportionment. The determination of the board at the hearing shall be final unless, within 10 days thereafter, an objection is filed in writing with the secretary, in which event the board shall file its order of reapportionment with the clerk of the board of supervisors, and the reapportionment shall be approved by the board of supervisors in the manner provided in Article 1 (commencing with Section 51230) of Chapter 2.

history: (History: Added by Stats. 1984, Ch. 104, Sec. 5.)

article: 5. Reapportioning Assessments


text: The board shall require, as a condition to the making of any reapportionment pursuant to this article, that each parcel of the divided or subdivided parcel be given suitable means of ingress and egress.

history: (History: Amended by Stats. 1984, Ch. 104, Sec. 6.)

article: 5. Reapportioning Assessments


text: When any assessment has been reapportioned on any parcel, the board shall cause the divisions or subdivisions and reapportionment to be properly entered or endorsed upon the assessment list, and shall file notice of all the changes with the county treasurer.

history: (History: Amended by Stats. 1984, Ch. 104, Sec. 7.)

article: 5. Reapportioning Assessments


text: The term bonds, as used in this chapter, includes bonds and refunding bonds, unless otherwise provided.

chapter: 1. General Provisions

article: 1. Form

path: 15. RECLAMATION DISTRICTS > 1. General Provisions > 1. Form


text: Bonds shall be of the denomination of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) each.

article: 1. Form


text: Bonds shall be signed by the president and attested by the county auditor of the principal county.

article: 1. Form


text: Bonds shall be numbered consecutively in the order of their maturity.

article: 1. Form


text: Bonds shall bear interest at a rate not to exceed 8 percent per year, payable on the first day of January and the first day of July in each year at the office of the county treasurer upon the presentation of the proper coupons therefor.

history: (History: Amended by Stats. 1975, Ch. 130.)

article: 1. Form


text: Coupons for each installment of interest shall be attached to the bonds and shall bear the facsimile signature of the county auditor of the principal county.

article: 1. Form


text: The principal of bonds shall be made payable on the first day of July, or the first day of January in such years as the board prescribes.

article: 1. Form


text: An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Repealed and added by Stats. 1961, Ch. 1543.)

article: 2. Validating Proceedings

path: 15. RECLAMATION DISTRICTS > 1. General Provisions > 2. Validating Proceedings


text: The county treasurer shall publish notice of the sale of bonds, at least once a week for two weeks prior to the sale, in a newspaper of general circulation published in the principal county.

article: 3. Sale of Bonds

path: 15. RECLAMATION DISTRICTS > 1. General Provisions > 3. Sale of Bonds


text: The notice shall state that the county treasurer will sell a specified amount of bonds at the time and place specified therein, and ask sealed proposals for the purchase of the bonds, or any part thereof.

article: 3. Sale of Bonds


text: At the time stated in the notice of sale, the county treasurer shall open the bids and award the bonds to the highest responsible bidder as provided in Article 2, Chapter 2 of this part with respect to the sale of bonds or Article 3, Chapter 3 of this part with respect to the sale of refunding bonds.

article: 3. Sale of Bonds


text: The date fixed for the sale of refunding bonds shall be at least 95 days prior to the maturity date of the principal of the bonds to be refunded by the sale of the refunding bonds.

article: 3. Sale of Bonds


text: The county treasurer may, and upon written request of a majority of the board, shall reject any and all bids.

article: 3. Sale of Bonds


text: A record of the sale shall be made upon the books of the county treasurer.

article: 3. Sale of Bonds


text: The board may provide at any time before the sale of the bonds that the bonds shall be callable at face value, plus accrued interest, on any interest payment date, with or without a premium to be specified by the board, and inserted in the bonds. All other terms and conditions of the call shall be as provided by the board.

history: (History: Amended by Stats. 1971, Ch. 310.)

article: 4. Callable Bonds

path: 15. RECLAMATION DISTRICTS > 1. General Provisions > 4. Callable Bonds


text: At least 120 days prior to any interest payment date, the board may, by a two-thirds vote, adopt an order calling any amount of callable bonds for payment on the interest payment date.

article: 4. Callable Bonds


text: Less than all of the bonds of any maturity may be called in inverse numerical order or by lot and, if called by lot, the board shall ascertain by a drawing the bonds to be called in such maturity by lot.

article: 4. Callable Bonds


text: The order calling bonds shall specify the bonds to be called by number, maturity or such other designation as may be provided by the board.

article: 4. Callable Bonds


text: A certified copy of the order shall be delivered to the county treasurer.

article: 4. Callable Bonds


text: The county treasurer shall add the principal of the bonds so called for redemption specified in the order, and any premium provided by those bonds to be paid upon such call, to the amount which he is required to collect for payment of the next maturing principal and interest of the outstanding bonds.

article: 4. Callable Bonds


text: The county treasurer, in his notice of call of assessment, shall specify the amount which is included for payment of principal of and interest on the bonds to be called and premium thereon.

article: 4. Callable Bonds


text: The county treasurer shall publish, in a newspaper of general circulation printed and published in the principal county once a week for four weeks prior to the date on which bonds are called for payment, a notice of the call of bonds.

article: 4. Callable Bonds


text: The notice of the call of bonds shall contain a reference to the order of the board calling the bonds and a notification to all holders of bonds so called to present the bonds for payment on the date specified in the notice. The notice of call shall further state that whenever, on or after the call date specified in the notice, funds are received by the county treasurer for payment of the bonds, coupons and premium, all interest thereon shall cease.

article: 4. Callable Bonds


text: In the event the bonds are callable at a premium, the board shall draw a warrant or warrants in favor of the county treasurer from time to time as bonds are called for redemption in an amount equal to the amount of the premium required to be paid on the bonds then called for redemption. Each such warrant shall be drawn against funds derived from the additional or supplemental assessment required to be levied pursuant to Section 51301.5. The amounts collected on such additional or supplemental assessment shall be used by the county treasurer for the payment of the premium on the bonds then called for redemption and, to the extent of such payment, such warrant shall be reduced or canceled by endorsement on the reverse thereof.

article: 4. Callable Bonds


text: All money, including interest and penalties, derived by sale, or otherwise, from an assessment against which bonds have been issued, and amounts of purchase money paid in bonds or coupons on delinquency sales made for such assessments, shall be credited to the bond fund of the district, except as provided in Section 51644.

article: 5. Bond Fund

path: 15. RECLAMATION DISTRICTS > 1. General Provisions > 5. Bond Fund


text: The county treasurer shall charge to the bond fund the expenses of publication and such other incidental expenses of the county treasurer as are necessarily incurred by him in collecting and disbursing the moneys received and disbursed by him, as well as the cost of keeping such additional records as are necessary to carry out the provisions of this division relating to bonds.

article: 5. Bond Fund


text: All claims by the county treasurer and the expenditures shall be first approved by the board, and a warrant shall be drawn by the board on the bond fund in favor of the county treasurer in payment for such expenditures.

article: 5. Bond Fund


text: The county treasurer shall transfer the balance remaining in the bond fund, after payment in full of the principal and interest of all outstanding bonds, to the general fund of the district.

article: 5. Bond Fund


text: All provisions of Chapter 1 of this part are applicable to bonds issued pursuant to this article.

chapter: 2. Bonds

article: 1. Issuance

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 1. Issuance


text: When any assessment, except an operation and maintenance assessment, levied and assessed upon district lands remains unpaid in whole or in part and, in the judgment of the board it would be for the best interest of the district or the landowners therein to issue bonds to obtain money to pay the cost of reclamation, the indebtedness of the district, or any other legal charge, or when a petition signed by the owners of more than one-half of the land in the district is filed with the secretary, the board, by order entered upon its records, shall order a special election to be held at some place in the district to be designated by the board.

article: 1. Issuance


text: At the special election the board shall submit to the landowners the question of whether bonds shall be issued in an amount equal to the amount of such assessment, or the part of such assessment remaining unpaid, which amount shall be entered by the board in its records and stated by it in the order for the special election.

article: 1. Issuance


text: If a majority of the votes cast at the election are in favor of the issuance of bonds, the board shall cause the amount of bonds stated in the order for the election to be executed and delivered, with the assessment list, to the county treasurer.

article: 1. Issuance


text: If the board deems it advisable, it may order a special election to be held prior to making any assessment, to determine whether bonds shall be issued for an amount to be stated in the order for the election, but no bonds shall, in such instance, be issued until an assessment for the amount of the bonds authorized at the election has been made and filed with the county treasurer.

article: 1. Issuance


text: The county treasurer shall place the bonds to the credit of the district.

article: 1. Issuance


text:
The bonds shall be payable serially within 20 years from their date, as follows:

(a) Not less than 10 percent of the aggregate face value of bonds issued shall be payable within 10 years from their date.

(b) Not less than 10 percent of the aggregate face value of bonds remaining unpaid at the end of 10 years shall be payable each year beginning with the eleventh (11th) year from their date, until the whole amount of the bonds is paid.

article: 1. Issuance


text:
The bonds shall be substantially in the following form: Form of Bonds United States of America State of CaliforniaCounty of ______No. _____$ ______Reclamation District ______Reclamation District No. ____, for value received hereby acknowledges itself indebted to and promises to pay to the holder hereof at the office of the treasurer of said county, in the State of California, on the first day of ____, 19_, the sum of ____ dollars ($____), in lawful money of the United States of America, with interest thereon in lawful money from date hereof until paid, at the rate of ____ percent, per year, payable at the office of said treasurer on the first day of January, and the first day of July in each year on presentation and surrender of the interest coupons hereto attached.

This bond is one of a series of ____ bonds of like tenor and effect, except as to denomination and maturity, numbered from ____ to ____ inclusive, amounting in the aggregate to ____ dollars ($____), issued in accordance with Division 15 of the Water Code of the State of California pursuant to an election held in said reclamation district on the ____ day of ____, 19_, authorizing its issuance, and is based upon and secured by an assessment levied on the lands in said district, and filed in the Office of the County Treasurer of said County of ____, on the ____ day of ____, 19_, and the said reclamation district does hereby certify and declare that said election was duly called and held upon due notice, and the result thereof was duly canvassed and ascertained, in pursuance of and in strict conformity with the laws of the State of California applicable thereto, and that all of the acts and conditions and things required by law to be done, precedent to and in the issue of said bonds have been done and have been performed in regular and in due form and in strict accordance with the provisions of the law authorizing the issuance of reclamation bonds.

In the testimony whereof, the said district, by its board of trustees, has caused this bond to be signed by the president of said board and attested by the Auditor of said County of ____ with his seal of office affixed this ____ day of ____, 19_.President of said board Attest Auditor of the County of , State of California

article: 1. Issuance


text: The interest coupons may be substantially in the following form: No. ________$ _______The County Treasurer of ____ County, California, will pay to the holder hereof on the ____ day of ____, 19_, at his office in said County of ____, the sum of ____ dollars ($____) in lawful money of the United States out of the funds of Reclamation District No. ____ for interest on bonds of said district numbered ____.County Auditor

article: 1. Issuance


text: When directed by resolution of the board, the county treasurer may sell all or any designated number of the bonds for the best price obtainable, but in no event for less than 90 percent of the face value of the bonds and the accrued interest thereon.

article: 2. Sale

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 2. Sale


text: The bonds shall be sold in the manner provided in Article 3 of Chapter 1 of this part.

article: 2. Sale


text: The county treasurer may accept in full or partial payment for bonds, outstanding warrants of the district at face value plus the accrued interest thereon.

article: 2. Sale


text: When bonds have been authorized prior to payment of an assessment during the 30-day period allowed by Section 51510, the amount of bonds to be sold shall be reduced and canceled in an amount equal to the assessment paid during that period.

article: 2. Sale


text: The reduction and cancellation of bonds not to be sold shall be only in the latest maturities and the minute order directing such reduction and cancellation shall be entered by the board and a copy thereof, certified by the president, filed with the county treasurer.

article: 2. Sale


text: The proceeds from the sale of the bonds shall be placed in the county treasury to the credit of the district.

article: 2. Sale


text: A sale and delivery of the bonds by the county treasurer is conclusive evidence in favor of the purchaser and all subsequent holders of the bonds that the sale was made upon due authority and notice.

article: 2. Sale


text: The board may draw demand warrants upon the county treasurer against the funds provided by sale of bonds.

article: 2. Sale


text: Bonds issued pursuant to this chapter which have been investigated and certified by any officer of this state authorized to make such investigation and certification, and declared to be legal for investments by savings banks of the state, may be purchased, or received in pledge for loans by savings banks, trust companies, insurance companies, guardians, conservators, executors, administrators and special administrators, or by any public officer or officers of this state or of any county, city, or other municipal or corporate body within this state having or holding funds which they are authorized to invest or loan.

history: (History: Amended by Stats. 1979, Ch. 730.)

article: 2. Sale


text: When any district, having authorized the issuance of a series of bonds, issues an additional series based on another assessment, the dates of maturity of the additional series shall be such that the latest maturities thereof do not exceed 30 years, and the earliest maturity shall be later than the latest maturity of bonds of any earlier series.

article: 3. Additional Series

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 3. Additional Series


text: The provisions of this part relative to the original issue of bonds shall apply to additional series of bonds so far as applicable.

article: 3. Additional Series


text: Any district which has issued bonds of different denominations, may, by order entered in its minutes, upon request of holders thereof, and upon the deposit of the outstanding bonds with the board, issue to the holders of the deposited bonds, bonds in the same form but in different denominations having the same aggregate face value and maturity.

article: 4. Exchange

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 4. Exchange


text: Exchange bonds shall be executed by all persons required by law to execute the bonds for which the exchange is made.

article: 4. Exchange


text: Bonds deposited for exchange shall be canceled by the county treasurer and the board.

article: 4. Exchange


text: The board, by an order entered in its minutes, may cancel all proceedings taken in connection with bonds remaining unsold one year after they are delivered to the county treasurer, or which are not delivered to the county treasurer within one year from the date of the election authorizing the issuance thereof.

article: 5. Cancellation

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 5. Cancellation


text: A certified copy of the order shall be filed with the county treasurer of each county wherein lands affected by the assessment on which the bonds were based are situated.

article: 5. Cancellation


text: Upon receipt of the order, the county treasurer to whom the unsold bonds have been delivered shall cancel the unsold bonds and all coupons attached thereto.

article: 5. Cancellation


text: Cancellation of unsold or unissued bonds shall not affect the validity of the assessment upon which the bonds were issued, and the board may call for the payment of any part of the assessment as provided in Section 51517 or may cause bonds to be authorized and issued upon the unpaid portion of such assessment.

article: 5. Cancellation


text: When a portion of any bond issue is canceled, the board shall call the portion of the assessment securing the canceled bonds, in such installment or installments as the said board shall determine, and the amount collected shall be deposited in the county treasury and paid out on warrants of the district in the order of their registration drawn in payment of costs for the payment of which the assessment was levied.

article: 5. Cancellation


text: Calls of assessments pursuant to Section 52284 shall be limited to amounts which will leave uncalled a sufficient portion of the assessment to pay principal and interest on the outstanding bonds.

article: 5. Cancellation


text: The provisions of this division as to the procedure for calling assessments to meet payments of principal or interest of bonds, the provisions of Section 51258, and the provisions of this division relating to refunding bonds, shall apply to and inure to the benefit of bonds which were issued prior to July 27, 1917.

article: 6. Miscellaneous

path: 15. RECLAMATION DISTRICTS > 2. Bonds > 6. Miscellaneous


text: In all cases where it is provided in this division that bonds and interest coupons may be used in lieu of cash, and the entire amount of any bonds or coupons tendered is not required to complete the particular transaction, the county treasurer shall endorse thereon, as paid, the amount thereof which is tendered for payment or cancellation, and shall endorse on the unmatured coupons attached to such bond the amount for which the unmatured coupons are redeemable, the amount to be computed on the unpaid portion of the bond at the rate of interest provided in the bond.

article: 6. Miscellaneous


text: Bonds and interest coupons which are, without bad faith on the part of the holder, lost, destroyed, or so mutilated as to impair their value to the holder, may be replaced by the issuance of duplicates in the manner provided with respect to warrants in Part 9, Chapter 2, Article 3 of this division.

article: 6. Miscellaneous


text: As an alternate to any other method of financing available to it, a district may, by resolution or indenture, create a special indebtedness evidenced by revenue bonds to finance the costs of carrying out a plan for any works, singly or as a whole.

history: (History: Added by Stats. 1974, Ch. 978.)

chapter: 2.5. Revenue Bonds

path: 15. RECLAMATION DISTRICTS > 2.5. Revenue Bonds


text: The proceedings for the issuance of revenue bonds shall be had, the district shall have the powers and duties, and the bondholders shall have the rights and remedies, all in substantial accordance with and with like legal effect as provided in the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300), Part 1, Division 2, Title 5 of the Government Code); provided, however, that when such proceedings are requested by the affirmative action of a majority or more of the voters in the district, no election shall be had, nor shall such action be subject to referendum.


text: A district may, by resolution or indenture, prescribe and revise charges for the services of its properties, works, and facilities, singly or as a whole, or for the providing of such properties, works, or facilities, or for their availability, including minimum and standby charges. If new, increased, or extended assessments are proposed, the district shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

history: (History: Amended by Stats. 2007, Ch. 27, Sec. 35. Effective January 1, 2008.)


text: A district may refund the whole or any part of any installment of the principal of an outstanding bond issue.

chapter: 3. General Refunding Bonds

article: 1. Issuance and Form

path: 15. RECLAMATION DISTRICTS > 3. General Refunding Bonds > 1. Issuance and Form


text: All proceedings for the issuance of refunding bonds commenced prior to August 14, 1929 shall be completed in accordance with the provisions of this part.

article: 1. Issuance and Form


text: When the board determines that it would be for the best interest of the district or the landowners therein to refund any installment, or portion thereof, of the principal of any outstanding bonds of the district, the board may, by order entered upon its records, order a special election to be held at some place in the district to be designated by the board.

article: 1. Issuance and Form


text: At the election the board shall submit to the landowners the question of whether any installment of the principal of the outstanding bonds of the district, or any part of such installment shall be refunded.

article: 1. Issuance and Form


text: The order for the election shall state the maturities and rate of interest of the refunding bonds, and the total amount of the principal thereof, and shall designate the bonds which are to be refunded.

article: 1. Issuance and Form


text: If a majority of the votes cast at the election approve the issuance of refunding bonds, the board shall prescribe the date and rate of interest of the refunding bonds authorized at the election and shall cause them to be executed and delivered, with a certified copy of the order of election, to the county treasurer.

article: 1. Issuance and Form


text: The principal of the refunding bonds shall not exceed 110 percent of the principal amount of the bonds to be refunded.

article: 1. Issuance and Form


text: The principal and interest of refunding bonds shall be based on and payable out of the assessment upon which the bonds to be refunded are payable.

article: 1. Issuance and Form


text: Refunding bonds shall be payable serially within at least 50 years from their date.

article: 1. Issuance and Form


text:
Refunding bonds may be in substantially the following form: United States of America State of CaliforniaCounty of ______No. _____$ Reclamation District No. ______Reclamation District No. ____ for value received, hereby acknowledges itself indebted to and promises to pay to the holder hereof at the office of the treasurer of ____ County, in the State of California, on the ____ day of ____, 19__, the sum of $____ in lawful money of the United States of America, with interest thereon in like lawful money from the date hereof until paid at the rate of ____ percent per year, payable at the office of said treasurer on the first day of January, and the first day of July in each year on presentation and surrender of the interest coupons hereto attached. This bond is one of a series of refunding bonds of like tenor and effect, except as to denomination and maturity, numbered from ____ to ____ inclusive, amounting in the aggregate to the sum of ____ dollars ($____), issued in accordance with Division 15 of the Water Code of the State of California pursuant to an election held in said reclamation district on the ____ day of ____, 19__, authorizing their issuance, and are issued for the purpose of refunding ____ $____ of the principal amount of the bonds of this district dated the ____ day of ____, 19__, and outstanding on the ____ day of ____, 19__, and this bond is based upon and secured by an assessment levied on the lands in said district, and filed in the office of the county treasurer of said County of ____ on the ____ day of ____, and the said reclamation district does hereby certify and declare that said election was duly called and held upon due notice, and the result thereof was duly canvassed and ascertained, in pursuance of and in strict conformity with the laws of the State of California applicable thereto, and that all of the acts and conditions and things required by law to be done, precedent to and in the issue of said bonds have been done and have been performed in regular and in due form and in strict accordance with the provisions of the law authorizing the issuance of reclamation bonds.

This bond is one of the bonds issued to refund $____ principal amount of bonds of this district numbered ____ dated the said ____ day of ____, 19__, and maturing ____, 19__.

In testimony whereof, the said district, by its board of trustees, has caused this bond to be signed by the president of said board and attested by the auditor of said County of ____ with his seal of office affixed this ____ day of ____, 19__.President of said boardAttest: Auditor of the County of , State of California.

article: 1. Issuance and Form


text: The interest coupons may be substantially in the following form: No. ________$ _______The county treasurer of ____ County, California, will pay to the holder hereof on the ____ day of ____, 19___, at his office in the County of ____ the sum of $____ in lawful money of the United States out of the funds of Reclamation District No. ____ for interest on refunding bond of said district, No. ___.County Auditor

article: 1. Issuance and Form


text: The board, with the consent of the holders of any or all of the outstanding bonds to be refunded, may direct the county treasurer to deliver to such holders at any time, in exchange therefor, refunding bonds issued pursuant to this chapter, having maturities agreed upon by the board and the holders of the bonds to be refunded.

article: 2. Exchange

path: 15. RECLAMATION DISTRICTS > 3. General Refunding Bonds > 2. Exchange


text: The aggregate principal amount of the refunding bonds delivered to bond holders shall not exceed the aggregate principal amount of the bonds exchanged therefor.

article: 2. Exchange


text: The bonds delivered to the district in exchange for refunding bonds shall be immediately canceled by the county treasurer.

article: 2. Exchange


text: The outstanding bonds may be refunded pursuant to this article with the consent of the holders thereof at any time before or after their final maturity date.

article: 2. Exchange


text: The board, in lieu of exchanging refunding bonds for outstanding bonds, may declare by resolution that it will be for the best interests of the district to sell all or any specific portion of the refunding bonds.

article: 3. Sale

path: 15. RECLAMATION DISTRICTS > 3. General Refunding Bonds > 3. Sale


text: The board, having adopted a resolution of sale, may declare by resolution, on or before the February 1st or the August 1st prior to the date of maturity of the outstanding bonds next maturing and to be refunded, either in whole or in part, that any portion of the refunding bonds available for the refunding of the outstanding bonds next maturing shall be sold.

article: 3. Sale


text: The resolution shall direct the county treasurer to sell the refunding bonds on a date not less than five days, nor more than 10 days, prior to the April 1st or October 1st prior to the maturity of the bonds to be refunded, and shall declare whether the refunding bonds may be sold for less than the face value thereof, plus accrued interest. In no event shall refunding bonds be sold for less than 90 percent of their face value plus accrued interest.

article: 3. Sale


text: The refunding bonds shall be sold by the county treasurer in the manner provided in Article 3, Chapter 1 of this part for the sale of bonds and refunding bonds.

article: 3. Sale


text: A sale by the county treasurer is conclusive evidence in favor of the purchaser and all subsequent holders of the refunding bonds that the sale was made upon due authority and notice.

article: 3. Sale


text: Refunding bonds which are not sold when offered for sale may again be offered for sale from time to time prior to their fixed maturity, or may be exchanged for outstanding bonds as provided in this chapter.

article: 3. Sale


text: The proceeds of the sale of refunding bonds shall be placed in the county treasury to the credit of the bond fund, and used only in payment of the principal of the outstanding bonds to be refunded by the refunding bonds so sold.

article: 3. Sale


text: The board shall sell or exchange refunding bonds only of such maturities as have been declared in the notice of election for the issuance of refunding bonds to be available for the refunding of particular maturities of the district’s outstanding bonds.

article: 3. Sale


text: If any district authorized the issuance of refunding bonds prior to August 14, 1929, and the same or any part thereof are unsold, the board may call an election in the manner and upon the notice prescribed for the issuance of refunding bonds, at which election there shall be submitted the question of whether such refunding bonds of any maturity shall be sold or exchanged to refund any maturity of outstanding bonds of the district as the board shall determine, or as may otherwise be specified in the notice of such election.

article: 3. Sale


text: If the board, in its resolution, determines that the refunding bonds may be sold for an amount less than their aggregate par value, and that it is necessary or advisable that an amount be made available for the payment of interest upon the refunding bonds from the date of the sale thereof to the date of maturity of the bonds to be refunded out of the proceeds of the sale, the resolution of sale shall direct that a warrant be forthwith drawn against the general or maintenance fund of the district in favor of the county treasurer as trustee of the bond fund and delivered to the county treasurer.

article: 3. Sale


text:
The warrant shall be drawn for an amount equal to the sum of:

(a) The excess of the par value of the refunding bonds directed to be sold over the amount for which the board has determined the refunding bonds may be sold, which shall not in any event, exceed 10 percent of the par value of the refunding bonds directed to be sold.

(b) An amount sufficient to pay interest at the rate provided in the refunding bonds from the date of sale thereof to the date of the maturity of the bonds to be refunded out of the proceeds of the sale.

Items (a) and (b) are incidental expenses of the district as defined in Section 51336.

article: 3. Sale


text: When the warrant has been drawn, there shall be included in the next succeeding assessment call levied for maintenance purposes, an amount equal to that of the warrant, and that amount shall be assessed against the several parcels in the same proportion as the original assessment, or any subsequent reapportionments thereof, which secures the payment of the refunding bonds, and, when collected, shall be placed to the credit of the maintenance fund, in reimbursement of that fund.

article: 3. Sale


text: The board, in lieu of drawing a warrant pursuant to Section 52560 may raise the amounts indicated in that section by a supplemental assessment levied as provided in Part 7, Chapter 2, Article 6 of this division, in which event the warrant shall be drawn against the fund created by the supplemental assessment.

path: 15. RECLAMATION DISTRICTS > 3. General Refunding Bonds > 4. Collection and Disposition of Supplemental Assessment


text: If the landowners in a district voluntarily pay to the county treasurer, on the call of the board the amount required to be made available by reason of the sale of the refunding bonds at less than par, no supplemental assessment shall be levied.

article: 4. Collection and Disposition of Supplemental Assessment


text: If a sale of the refunding bonds is consummated by payment of the purchase price and the delivery of the bonds, the board shall enforce payment of delinquencies in the supplemental assessment in the manner set forth as provided in Chapters 3 and 4 of Part 7 of this division.


text:
The county treasurer shall use the proceeds of the supplemental assessment or of the warrant delivered to him pursuant to Section 52559, as the case may be, for the following purposes:

(a) The payment of any amount by which the total amount necessary to pay the principal and accrued interest on the bonds next maturing exceeds the proceeds from the sale of the refunding bonds, exclusive of accrued interest.

(b) The payment to the purchaser of the refunding bonds at the time he takes delivery thereof, of interest at the rate provided in the refunding bonds from the date the sale is completed by the payment of the purchase price until the date when, pursuant to the terms of the refunding bonds and the coupons thereto attached, interest thereon shall begin to accrue.


text: Any surplus in the supplemental assessment fund after the principal and interest on the bonds next maturing are paid in full shall be refunded by the county treasurer to the persons who have paid the supplemental assessment, in proportion to the amounts they paid.


text: Refunding bonds remaining in the hands of the county treasurer after the outstanding bonds to be refunded thereby are discharged, shall be forthwith canceled by the county treasurer and shall never be an obligation of the district.

article: 5. Cancellation

path: 15. RECLAMATION DISTRICTS > 3. General Refunding Bonds > 5. Cancellation


text: If, upon the expiration of one year after an issue of refunding bonds, heretofore or hereafter issued was deposited with the county treasurer, all or part of the refunding bonds are unsold or unexchanged, the board, by an order entered in its minutes, may cancel all proceedings taken in connection with the unsold or unexchanged refunding bonds as provided in Article 5, Chapter 2 of this part.

article: 5. Cancellation


text: The cancellation will not affect the validity of the assessment upon which the bonds are based, nor the validity of any bonds previously sold or exchanged, or previously issued on the assessment.

article: 5. Cancellation


text: The board may cause refunding bonds to be issued as provided in this chapter for the purpose of refunding any outstanding bonds, including original issues and refunding issues.

chapter: 4. Alternate Method for Refunding Bonds

article: 1. Issuance and Forms

path: 15. RECLAMATION DISTRICTS > 4. Alternate Method for Refunding Bonds > 1. Issuance and Forms


text: Refunding bonds issued pursuant to this chapter shall be issued in substantially the manner prescribed by Chapter 3 of this part for the issuance of refunding bonds, except as otherwise provided herein, and the provisions thereof concerning the authorization, issuance, exchange and sale of refunding bonds issued pursuant thereto shall be applicable to refunding bonds issued pursuant to this chapter.

article: 1. Issuance and Forms


text: The board shall call and conduct an election of the landowners in the manner provided in Chapter 3 (commencing with Section 50800) of Part 4 of this division for the purpose of authorizing the issuance of the refunding bonds.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 131. Effective January 1, 1993.)

article: 1. Issuance and Forms


text: Prior to the issuance of any refunding bonds pursuant to this chapter the board shall file with the county treasurer a copy of the refunding plan and a certified copy of the order of the board providing for the issuance of the refunding bonds.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 132. Effective January 1, 1993.)

article: 1. Issuance and Forms


text:
The refunding bonds may be in substantially the following form:

(Form of Bond) United States of America State of California County of _____ Refunding Bond of Reclamation District No. ____

Reclamation District No. ____, in the County of ____, in the State of California, a reclamation district duly organized and existing under and pursuant to the laws of said State, is indebted to and promises to pay to the bearer hereof, for value received, the sum of ____ dollars ($____), on the ____ day of ____, 19__, (unless before that date this bond is called for redemption, and payment hereof provided for, in the manner set forth in the refunding plan hereinafter mentioned) with interest thereon at the rate of ____ percent (____%) per year from ____, 19__, to and including the date of maturity of this bond. Said interest shall be payable on the first day of January and the first day of July of each year. Said principal and interest are payable in lawful money of the United States of America at the Office of the Treasurer of the County of ____, State of California, and are payable only on presentation and surrender of the proper interest coupons hereto attached as the same mature.

This refunding bond is one of an authorized issue of refunding bonds of said district in the aggregate principal amount of ____ dollars ($____), known as the ____ Refunding Issue, all of like date and tenor, and all issued under and subject to the provisions of a refunding plan dated ____, to which refunding plan reference is hereby made for the statement of the nature and extent of the security, the rights of the holders of the refunding bonds and of the interest coupons in respect thereto and the terms and conditions upon which the refunding bonds are issued and secured, to all of the provisions of which refunding plan, the bearer or registered owner of this refunding bond, by his acceptance hereof, assents. This refunding bond is issued by authority of the provisions of Division 15, Part 8, Chapter 4, of the Water Code of the State of California, and pursuant to a vote of the landowners of said district at an election duly called, held and canvassed in conformity with the requirements of said chapter, and the bonds of this issue are issued for the purpose of refunding ____ dollars ($____) of the principal amount of the bonds of this district, and outstanding on the ____ day of ____, 19__, and this bond is secured by an assessment or assessments levied on the lands of said district and filed in the Office of the County Treasurer of said County of ____ on the ____ day of ____, 19__.

It is hereby recited, certified and declared that this refunding bond is issued in strict conformity with the Constitution and laws of the State of California, and with proceedings of said reclamation district authorizing the same, and that all acts, conditions and things required to exist, happen and to be performed precedent to and in the issuance of this refunding bond, have existed, happened and been performed in regular and due time, form and manner as required by law, and that this refunding bond together with all other indebtedness and obligations of said reclamation district does not exceed any limit prescribed by the Constitution or Statutes of the State of California.

It is further certified, recited and declared that the indebtedness which this bond is issued to refund, is a valid, subsisting, outstanding and legally binding indebtedness, evidenced by bonds and coupons of said district, and that this refunding bond shall be applied only to the refunding of the indebtedness for which it is issued, and for no other purpose.

This bond is subject to call and redemption on any interest payment date at not exceeding the par value thereof and accrued interest as provided in said refunding plan.

In testimony whereof, the said district by its board of trustees, has caused this bond to be signed by the president of said board and attested by the Auditor of said County of ____ with his seal of office affixed this ____ day of ____, 19__.President of said board.Attest: Auditor of the County of ___________,State of California.

history: (History: Added by Stats. 1951, Ch. 336.)

article: 1. Issuance and Forms


text: The interest coupons to be attached to the refunding bonds may be in substantially the following form: No. $ The County Treasurer of ____ County, California, will pay to the holder hereof on the ____ day of ____, 19_, (unless before that date the within bond is called for redemption, and payment hereof provided for, in the manner set forth in the refunding plan referred to in said bond), at his office in the County of ____, the sum of $____ in lawful money of the United States out of funds of Reclamation District No. ____, for interest due on said date on refunding bond of said district, No. ____.County Auditor.

article: 1. Issuance and Forms


text: An action to determine the validity of refunding bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1961, Ch. 1544.)

article: 1. Issuance and Forms


text: Refunding bonds issued pursuant to this chapter may be sold from time to time in the same manner as other bonds of the district, or may be exchanged for other bonds of the district.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 133. Effective January 1, 1993.)

article: 1. Issuance and Forms


text: The outstanding bonds refunded or exchanged shall be immediately canceled by the county treasurer.

article: 1. Issuance and Forms


text: The maturity of the refunding bonds issued pursuant to this chapter and the rate of interest thereon shall be fixed by the board, but in no case shall the maturity of any of the refunding bonds exceed 50 years nor the rate of interest exceed 8 percent per year, payable semiannually.

article: 1. Issuance and Forms


text: An issue of refunding bonds issued pursuant to this chapter shall be based upon and payable out of the assessment from which the bonds to be refunded were payable, and shall mature at one time.

article: 1. Issuance and Forms


text: The board may make expenditures, or incur indebtedness, and issue warrants therefor to pay the cost and expenses incident to any refunding plan or in connection with the refunding of its bonds.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 134. Effective January 1, 1993.)

article: 1. Issuance and Forms


text: The authority to issue refunding bonds pursuant to this chapter is in addition to the authority granted by Chapter 3 of this part, and nothing in this chapter shall be deemed to amend or modify Chapter 3 of this part or be applicable to refunding bonds issued under the provisions thereof, except that the procedure specified in that chapter, insofar as it is adopted herein, is a part hereof, it being the intent of the Legislature to provide an alternative method of issuing refunding bonds.

article: 1. Issuance and Forms


text: The board, prior to, or at the time of, issuance of the refunding bonds under this chapter, shall provide for the creation of an annual sinking fund for the payment of the refunding bonds in amounts determined by the board.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 135. Effective January 1, 1993.)

article: 2. Sinking Fund

path: 15. RECLAMATION DISTRICTS > 4. Alternate Method for Refunding Bonds > 2. Sinking Fund


text: The county treasurer, at least 90 days before the first day of January in each year during which the refunding bonds are outstanding, shall levy and collect a call against the assessment securing the payment of the principal and interest of the refunding bonds, in addition to all other calls required by law to be made, sufficient to provide the amounts of such sinking fund payments for the then current year.

article: 2. Sinking Fund


text: Ninety days, or more, before the first day of January in any year, the board may modify the amount of the sinking fund payment. The board shall forthwith mail the county treasurer a copy of the board’s order approving the modification of the sinking fund payment. The order shall state specifically the amount to be called by the county treasurer if the amount is less than that stated in the sinking fund schedule.

history: (History: Amended by Stats. 1992, Ch. 1020, Sec. 136. Effective January 1, 1993.)

article: 2. Sinking Fund


text: In any year in which the district has surplus funds from other sources available for the sinking fund payment and has deposited such funds in the sinking fund the call of assessment for sinking fund purposes for that year shall be limited to any amount by which the amount of the sinking fund payment exceeds the amount of surplus funds so deposited.

article: 2. Sinking Fund


text: The board may invest the money in the sinking fund in bonds of the United States or of the State of California, and hold the bonds so purchased, and the income therefrom, as part of the sinking fund until such time as the board determines that it is for the best interests of the district that all or part of such bonds be sold.

article: 2. Sinking Fund


text: The proceeds of sale of any bonds in which any part of the sinking fund is invested shall be deposited in the sinking fund.

article: 2. Sinking Fund


text: When the sinking fund contains at least ten thousand dollars ($10,000), the county treasurer shall, upon request of the board, by notice published once a week for two successive weeks in some newspaper published in the county where the office of the district is located and, in its discretion, in any other newspaper, invite sealed proposals for the sale to the district of any of its outstanding bonds or refunding bonds secured by the assessment out of which the sinking fund was created.

article: 3. Redemption

path: 15. RECLAMATION DISTRICTS > 4. Alternate Method for Refunding Bonds > 3. Redemption


text: The notice shall state the amount available for the redemption of bonds or refunding bonds and shall specify when and where the proposals will be opened.

article: 3. Redemption


text: All proposals shall be opened at the office of the county treasurer at an open meeting of the board convened at the time specified in the notice or at some subsequent time to which the meeting is adjourned.

article: 3. Redemption


text: Any or all proposals may be rejected by the county treasurer, and shall be rejected by him if requested to do so in writing by a majority of the board.

article: 3. Redemption


text: If no bids are received, or if the bids accepted are not sufficient to exhaust the money available for the purchase of outstanding bonds or refunding bonds, the county treasurer may, with the written assent of at least two members of the board, purchase at private sale with available money in the sinking fund, any of the refunding bonds for the payment of which the sinking fund was created.

article: 3. Redemption


text: No proposal to sell bonds to the district at a price in excess of the par value thereof shall be accepted.

article: 3. Redemption


text: All bonds purchased with sinking fund moneys shall forthwith be canceled.

article: 3. Redemption


text: The board may, by resolution adopted prior to the time of issuing any refunding bonds, provide for the call and redemption thereof, in numerical order, or by lot, as prescribed in the resolution, on any interest payment date prior to their fixed maturity, at not exceeding the par value thereof and accrued interest, in which event a statement to that effect shall appear on the face of the refunding bond.

article: 3. Redemption


text: Notice of redemption of callable refunding bonds shall be published once a week for three successive weeks in a newspaper of general circulation printed and published in the principal county.

article: 3. Redemption


text: The first publication of the notice shall be not less than 30 days nor more than 90 days prior to the date fixed in the refunding bonds for the redemption.

article: 3. Redemption


text: Interest on refunding bonds declared to be callable shall cease after the date fixed for redemption if the district has provided funds for the payment of the principal and interest thereof.

article: 3. Redemption


text: When there is an agreement between a district and the United States of America, or any department or agency thereof, which provides for the issuance of refunding bonds of the district aggregating in principal amount a sum less than the principal amount of the bonds to be refunded and for the creation of a reserve fund to pay installments of principal or interest of the refunding bonds when the amount in the bond fund is insufficient to pay the installments, and when the unpaid principal amount of the assessment securing the bonds to be refunded is, or upon the carrying out of the plan for refunding provided in the agreement will be, in excess of the principal amount of bonds secured by the assessment, the board may declare by resolution that all or part of the excess of the assessment shall be called from time to time for the purpose of creating a reserve fund.

path: 15. RECLAMATION DISTRICTS > 5. Creation of Reserve Fund Pursuant to Agreement With the United States


text: The money in the reserve fund shall be used to pay the installments of principal and interest of any outstanding bonds secured by the assessment when the amount in the bond fund is insufficient to meet such installments on any January 1st or July 1st, as the case may be.

chapter: 5. Creation of Reserve Fund Pursuant to Agreement With the United States


text: If the bond fund contains a sum derived from an assessment securing the bonds to be refunded pursuant to the agreement which is in excess of the amount required to pay all installments of principal and interest due or to become due within six months upon all outstanding bonds secured by the assessment, the board may by resolution direct that the excess, or such part thereof as they deem advisable, be set apart for the purpose of creating a reserve fund.


text: The county treasurer shall call such part of the principal of the assessment securing the refunding bonds, not exceeding the amount by which the unpaid principal amount of the assessment exceeds the principal amount of bonds secured thereby, as is necessary to restore the amount of depletion of the reserve fund caused by authorized payments therefrom.


text: The call shall be made at the time prescribed by Section 51420 for making the next call for the payment of principal or interest of the bonds after the reserve fund has been depleted.


text: The board may direct that the restoration of the reserve fund be effected over a period not exceeding three years next after the reserve fund was depleted, in which case not less than one-third of the amount of the depletion shall be restored during each of the three years.


text: No call for the purpose of creating a reserve fund shall be made until the United States, or department or agency thereof, has accepted 50 percent or more of the refunding bonds proposed to be issued under the plan.


text: The county treasurer may invest any money in the reserve fund in bonds of the United States or of the State of California, and bonds so purchased and held in the reserve fund may be sold by the county treasurer and the proceeds temporarily reinvested in such bonds.


text: Sales of bonds of the United States or of the State of California purchased with reserve fund money shall be made by the county treasurer in sufficient time that the proceeds may be applied to the purposes for which the reserve fund was created.


text:
The board of a district which has entered into an agreement pursuant to Section 52850, may, by resolution, direct that any money on deposit in the county treasury to the credit of any bond fund or bond reserve fund of the district, which was derived from an assessment against district lands securing said bonds and which is in excess of the amount required to pay principal and interest then due or to become due within six months thereafter upon bonds secured by the assessment, be applied to either or both of the following purposes:

(a) The purchase of bonds secured by the assessment.

(b) Deposit with the Federal Reserve Bank in San Francisco, California, subject to withdrawal therefrom only upon written orders of the district and the United States of America, or the department or agency thereof, including Reconstruction Finance Corporation, interested in the creation and maintenance of the fund, or by the district with the written consent of the United States of America, or the department or agency thereof, including Reconstruction Finance Corporation, interested in the creation and maintenance of the reserve fund.


text: The county treasurer shall forthwith cancel all bonds purchased pursuant to subsection (a) of Section 52859.


text: No purchase of bonds shall be made pursuant to subdivision (a) of Section 52859 unless the unpaid principal amount of the assessment securing such bonds is in excess of the principal amount of outstanding and authorized bonds secured by such assessment.


text: No funds deposited pursuant to subdivision (b) of Section 52859 may be withdrawn except to pay the principal or interests upon any bonds of the district held by Reconstruction Finance Corporation, or its successors in interest, or for repayment to the treasurer of the district for the purposes and uses of the district.


text: The board may issue warrants drawn on the appropriate funds of the district to pay indebtedness of the district incurred in carrying out the works of reclamation and to raise money in anticipation of the collection of operation and maintenance assessment levies.

chapter: 1. Issuance, Registration and Payment

article: 1. General Provisions

path: 15. RECLAMATION DISTRICTS > 1. Issuance, Registration and Payment > 1. General Provisions


text: The board may draw demand warrants or time warrants, subject to the provisions of this part.

article: 1. General Provisions


text: Demand warrants are warrants, drawn for any purpose, which are payable upon demand.

article: 1. General Provisions


text: Time warrants are warrants, based upon an operation and maintenance assessment, payable at a specified future date expressed in the warrant.

article: 1. General Provisions


text: The date of a warrant is the date inserted as such on the face of the warrant.

article: 1. General Provisions


text: Demand warrants may be in substantially the following form: FaceNo. ________$ ________Office of the Board of Trustees of Reclamation District No. _________The Treasurer of ____ County will pay to the order of ____ out of Reclamation District No. ____ fund the sum of ____ dollars ($____) for ____ allowed by the board of trustees of said Reclamation District No. ____.Dated _____, 19__.TrusteesAttest:SecretaryReverseWhen registered this warrant bears interest at the rate of __ percent per year, computed from the date of registration hereof.This warrant will outlaw and cannot legally be paid four years after date, unless it is payable by its terms at a future date.Pay to ____ or order ____.Presented for payment but not paid for want of funds, this ____ day of ____, 19__.Treasurer of ________ County

article: 2. Demand Warrants

path: 15. RECLAMATION DISTRICTS > 1. Issuance, Registration and Payment > 2. Demand Warrants


text: Demand warrants shall be presented to the county treasurer, and, if not paid on presentation, shall be registered and an endorsement of nonpayment made thereon.

article: 2. Demand Warrants


text: Demand warrants not paid on presentation shall bear interest from date of registration at the rate adopted by the board, pursuant to Section 53300.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 3. Effective September 28, 1983.)

article: 2. Demand Warrants


text: Demand warrants registered for nonpayment shall be paid by the county treasurer either in the order of registration or in the order agreed to, in writing, by all of the holders of the district’s outstanding demand warrants, if the county treasurer approves the agreement.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 4. Effective September 28, 1983.)

article: 2. Demand Warrants


text: When the board has filed an operation and maintenance assessment roll in the office of the county treasurer, and has directed an assessment levied against that roll to be paid in annual installments, it may issue and sell, or otherwise dispose of, time warrants based upon, and in anticipation of, the collection of such assessment levy, to pay the expenses for the payment of which the assessment was levied on a cash basis, or for the purpose of paying any outstanding warrants payable from such assessment levy. The period over which annual installments of the assessment shall be paid shall not exceed five years or the maturity of time warrants issued pursuant to Section 53042.5.

history: (History: Amended by Stats. 1979, Ch. 140.)

article: 3. Time Warrants

path: 15. RECLAMATION DISTRICTS > 1. Issuance, Registration and Payment > 3. Time Warrants


text: Time warrants may be in substantially the following form: FaceNo. ________$________Office of the Board of Trustees of Reclamation District No. ____.______, CaliforniaThe Treasurer of ____ County will, on the ____ day of ____, 19__, pay to the order of ____ out of Reclamation District No. ____ maintenance fund, the sum of ____ dollars ($____), together with interest on said sum from date of registration of this warrant in the office of the county treasurer until paid at the rate of __ percent per year, the interest payable on January 1st and July 1st of each year until this warrant is paid in full, upon the presentation of this warrant to said county treasurer.This warrant is one of a series of warrants aggregating in face amount ____ dollars ($____) all issued by the above-named reclamation district, and payable out of the proceeds of levies made by the board of trustees of said district by order entered on the minutes of said board on the ____ day of ____, 19__, against an operation and maintenance assessment filed in the office of the treasurer of the above-named county on the ____ day of ____, 19__. This warrant and each of the warrants of said series are payable exclusively from the proceeds of said levies when collected. Dated this ____ day of ____, 19__.TrusteesAttest:Secretary Reverse Registered this ____ day of ____, 19__.________ Treasurer of ____ CountyThis warrant will outlaw four years after it matures and cannot thereafter be legally paid unless extended by order of the board of trustees on or before maturity.Interest EndorsementsDate DueDate PaidAmount Paid Transfer Endorsements

article: 3. Time Warrants


text: The time warrants which may be issued to mature in any year shall not exceed the amount of the assessment installment payable in such year, and the principal amount of time warrants which is outstanding at any time shall not exceed an amount determined by multiplying the number of acres within the district by five dollars ($5).

article: 3. Time Warrants


text: Time warrants may be issued for more than the amount set forth in Section 53042 and with a maturity longer than five years, provided that a special election is held pursuant to Chapter 3 (commencing with Section 50800) of Part 4 of this division, at which election the principal amount and maturity of such warrants and the purpose for which they are issued are approved by a majority of the votes cast.

history: (History: Added by Stats. 1978, Ch. 1108.)

article: 3. Time Warrants


text: No time warrants shall be issued, sold, or disposed of for less than the face amount thereof and accrued interest thereon to date of delivery.

article: 3. Time Warrants


text: The proceeds from the issuance and sale of time warrants shall be deposited in the maintenance fund and shall be applicable to the payment of the expenses payable from that fund, or to the payment of outstanding warrants to the same extent as funds collected upon the operation and maintenance assessment levies.

article: 3. Time Warrants


text: Time warrants shall be registered with the county treasurer prior to their issuance.

article: 3. Time Warrants


text: Time warrants shall be paid upon their due date upon presentation and surrender to the county treasurer.

article: 3. Time Warrants


text: If time warrants are not paid by reason of lack of funds, no further registration is required, and they shall continue to bear interest after their due date until paid, reissued, extended or canceled.

article: 3. Time Warrants


text: Time warrants which are not paid on their due date because of lack of funds have priority and shall be paid out of the proceeds of the collection of the operation and maintenance assessment against which they have been issued, in preference to any demand warrants issued and registered after the date of regisration of such time warrants which are payable out of the same assessment.

article: 3. Time Warrants


text: The county treasurer, upon the request of the board, shall pay all time warrants before the maturity thereof, providing there are sufficient funds, after payment of all outstanding demand warrants, and all such time warrants shall be presented for payment.

history: (History: Amended by Stats. 1953, Ch. 805.)

article: 3. Time Warrants


text: A demand warrant on the maintenance fund pursuant to Section 51546 shall designate that it is so drawn and is to be paid therefrom, and is not required to be in the form specified in Article 2 of this chapter.

article: 4. Warrants Drawn on Maintenance Fund

path: 15. RECLAMATION DISTRICTS > 1. Issuance, Registration and Payment > 4. Warrants Drawn on Maintenance Fund


text: A demand warrant drawn on the maintenance fund shall be presented to the county treasurer and, if there is insufficient money in the maintenance fund to pay it, endorsement of that fact shall be made on the warrant by the county treasurer.

article: 4. Warrants Drawn on Maintenance Fund


text: A demand warrant unpaid for want of funds at the time of presentation shall be registered by the county treasurer separately from other warrants of the district and shall bear interest from date of registration at the rate which the board has adopted pursuant to Section 53300.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 5. Effective September 28, 1983.)

article: 4. Warrants Drawn on Maintenance Fund


text: A demand warrant issued pursuant to this article, shall be paid only from the maintenance fund, and, when registered, either in the order of its registration or in the order agreed to, in writing, by all of the holders of the district’s outstanding demand warrants, if the county treasurer approves the agreement.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 6. Effective September 28, 1983.)

article: 4. Warrants Drawn on Maintenance Fund


text: The provisions of Article 2 of this chapter and Article 2, Chapter 2 of this part relating to the payment or renewal of a demand warrant apply to a warrant issued pursuant to this article.

article: 4. Warrants Drawn on Maintenance Fund


text: A warrant drawn on the irrigation fund shall designate that it shall be paid therefrom, and is not required to be approved by the board of supervisors nor be in the form prescribed by Article 2 of this chapter.

article: 5. Warrants Drawn on Irrigation Fund

path: 15. RECLAMATION DISTRICTS > 1. Issuance, Registration and Payment > 5. Warrants Drawn on Irrigation Fund


text: A warrant drawn on the irrigation fund shall be presented for payment to the county treasurer.

article: 5. Warrants Drawn on Irrigation Fund


text: If there is insufficient money in the irrigation fund to pay a warrant when presented, endorsement of that fact shall be made thereon by the county treasurer, who shall register it separately from other warrants of the district, and it shall thereafter bear interest from date of registration at the rate of 8 percent per year until paid.

history: (History: Amended by Stats. 1975, Ch. 130.)

article: 5. Warrants Drawn on Irrigation Fund


text: All the provisions of Article 2 of this chapter and Chapter 2, Article 2 of this part relating to the payment or renewal of warrants apply to a warrant drawn on the irrigation fund.

article: 5. Warrants Drawn on Irrigation Fund


text: The board, at the request of the holder of any warrant, may cancel it and issue two or more warrants in lieu thereof.

chapter: 2. Cancellation and Reissuance

article: 1. Permissive

path: 15. RECLAMATION DISTRICTS > 2. Cancellation and Reissuance > 1. Permissive


text: If the canceled warrant has been registered each new warrant shall state that it is issued partly in lieu of a registered warrant, giving the dates of issuance and registration thereof, and upon registration of the new warrant it shall be considered as registered upon the date of registration of the canceled warrant.

article: 1. Permissive


text: New warrants issued pursuant to this article shall be issued for the principal only of the old warrant, but, upon registration, shall bear interest from the date of registration of the canceled warrant.

article: 1. Permissive


text: The board shall, on demand of the holder of any demand warrant outstanding one year or more, or any time warrant overdue one year of more, cancel the same and issue a new demand warrant for the face value of the old warrant, and a separate warrant for any interest then due thereon, or the board may allow a claim for the amount of any interest due on such warrant and may draw a warrant therefor.

article: 2. Mandatory

path: 15. RECLAMATION DISTRICTS > 2. Cancellation and Reissuance > 2. Mandatory


text: Warrants issued for interest pursuant to this article shall not bear interest.

article: 2. Mandatory


text: Upon drawing an interest warrant the board shall endorse on the reverse of the old warrant the fact that interest has been paid to the date of drawing the interest warrant.

article: 2. Mandatory


text: An interest warrant shall state that it is drawn for interest on warrant No. ____ to ____ (date).

article: 2. Mandatory


text: The board shall notify the county treasurer upon drawing an interest warrant, and he shall note on his register of warrants the fact that interest has been paid on the warrant for which the interest warrant was issued.

article: 2. Mandatory


text: A demand warrant not paid or presented for reissuance within four years after its date, or a time warrant not paid within four years after its maturity may, upon the demand of the holder, be extended one or more times until repayment or reissuance, for a like period of four years from the date of each extension, upon presentation to the board, such extension being endorsed thereon by the board.

article: 2. Mandatory


text: The board and the county treasurer may cancel all warrants which have not been paid or reissued, or which have not been extended one or more times, within four years after the date of demand warrants, or within four years after the date of maturity of time warrants.

article: 2. Mandatory


text: When the board is convinced by clear and unequivocal proof that a warrant of the district, without bad faith on the part of the holder, has been lost, destroyed, or so mutilated or defaced as to impair its value to the holder, and when such instrument is capable of being identified by number and description, the board may issue or cause to be issued a duplicate thereof having the same maturity, bearing like interest, and having the same number as the warrant proved to have been lost, destroyed, mutilated or defaced.

path: 15. RECLAMATION DISTRICTS > 2. Cancellation and Reissuance > 3. Lost, Destroyed, Mutilated or Defaced Warrants


text: A holder desiring to have a duplicate warrant issued shall make a written application to the board stating the facts, and shall accompany the application with a deposit of such a sum of money as is required by the board to cover the cost of preparing and issuing the duplicate.

article: 3. Lost, Destroyed, Mutilated or Defaced Warrants


text: The holder of a lost or destroyed warrant shall file, with the application, a bond in double the face value of the lost or destroyed warrant.


text: The bond must be approved by the board and conditioned to indemnify and save harmless the district for any claim upon the lost or destroyed warrant.


text: The bond of indemnification shall be executed jointly and severally by the holder and a corporate surety approved by the board and duly authorized to do business, and doing business, in the State.


text: The holder of a mutilated or defaced warrant shall, at the time of filing the application for a duplicate, deliver the mutilated or defaced warrant to the board for cancellation.


text: The board, upon receipt of an application for the replacement of a lost, destroyed, mutilated, or defaced warrant, shall pass a resolution stating the facts, the filing of the application, the compliance with the conditions prescribed in this article and directing the officer who supervised the preparation and issuance of the original warrant to issue or cause to be issued a duplicate thereof.


text: The duplicate warrant shall be signed by the same officers and issued in all respects as nearly as possible as the original instrument, and shall have all the force, effect and validity of the original warrant.


text: The board may provide, by resolution entered in its minutes, such rate of interest upon warrants as it deems reasonable, not to exceed 12 percent per year.

history: (History: Amended by Stats. 1983, Ch. 1109, Sec. 7. Effective September 28, 1983.)

chapter: 3. Miscellaneous Provisions

article: 1. Interest Rate

path: 15. RECLAMATION DISTRICTS > 3. Miscellaneous Provisions > 1. Interest Rate


text: When there is sufficient money in the hands of the county treasurer applicable to the payment of any outstanding warrants which have not been presented for payment, the county treasurer may give notice by one publication in some newspaper of general circulation published in the principal county that there is money available to pay certain warrants, giving their numbers in the order of their registration, and stating that at midnight of the date of the publication the warrants mentioned shall cease to bear interest, and thereafter interest on such warrants shall cease.

article: 2. Calling Warrants

path: 15. RECLAMATION DISTRICTS > 3. Miscellaneous Provisions > 2. Calling Warrants


text: An action based upon, or connected with, a demand warrant shall be commenced within four years from the date of the warrant, and an action based upon, or connected with, a time warrant shall be commenced within four years from the date of maturity of the time warrant.

article: 3. Actions on Warrants

path: 15. RECLAMATION DISTRICTS > 3. Miscellaneous Provisions > 3. Actions on Warrants


text: If an action or proceeding based upon, or connected with, a demand warrant is commenced within four years after the date of the warrant, or within four years after the maturity of a time warrant, and final judgment is in favor of the holder or owner thereof, the warrant shall be paid the same as if it had been paid before the expiration of four years from the date of the warrant.

article: 3. Actions on Warrants


text: In any proceeding to compel the board to issue a warrant, if a controversy arises as to the amount that is due to the plaintiff, the court shall determine the same in the manner provided for determining controversies in other civil actions, and shall cause a writ to issue for any sums found to be due.

article: 3. Actions on Warrants


text: A copy of any proposal for consolidation shall be forwarded to the State Lands Commission prior to the circulation of any petition or the adoption of any resolution making such proposal.

history: (History: Amended by Stats. 1965, Ch. 2043.)

chapter: 1. Consolidation

path: 15. RECLAMATION DISTRICTS > 1. Consolidation


text: The State Lands Commission shall assign to the consolidated district the number of the original district containing the largest area of land, and the consolidated district shall thereafter be known by such number.


text: This chapter shall apply only to those districts formed to operate without a board.

history: (History: Added by Stats. 1965, Ch. 2043.)


text: Land in compact form, capable of being embraced in a district, and not a part of another district, may be annexed to a district.

chapter: 2. Change of Boundaries

article: 3. Inclusion

path: 15. RECLAMATION DISTRICTS > 2. Change of Boundaries > 3. Inclusion


text: When a district, by a legislative act changing county boundaries, is transferred wholly from one county to another, the board of supervisors of the county to which the district is transferred, shall exercise all of the jurisdiction, power, and authority over the district theretofore exercised by the board of supervisors of the county wherein the district was originally formed.

history: (History: Added by Stats. 1951, Ch. 336.)

path: 15. RECLAMATION DISTRICTS > 4. Transfer of Districts From One County to Another


text: The board of supervisors of the county to which the district is transferred, the officers thereof, and the officers of the district shall thereafter perform all acts required to be performed in connection with the district with the same authority and effect as though the district had been originally organized within that county.

chapter: 4. Transfer of Districts From One County to Another


text: The auditor and treasurer of the county to which a district is transferred shall draw their warrant upon the treasurer of the county within which the district was previously situated for all of the funds of the district in the treasury of such county, and the funds shall be so transferred into the treasury of the county to which the district is transferred.


text: After a district is transferred to another county, all assessments shall be collected and paid into the treasury of the county to which the district is transferred.


text: When, by any change of county boundaries made by the Legislature of this State, any district is transferred in whole or in part to another county than the one within which it was organized, then as to such part of the district so transferred to another county, the same power and authority shall exist, and the same proceedings shall be had in the conduct and management of the district, and in the levy and collection of assessments, and in all other ways with respect to its conduct and management, as though it had been originally organized in the county where it was organized and partially in the county to which it is transferred.


text: When a district is transferred in whole or in part to another county from that in which it was organized, all proceedings, petitions or orders which should have been recorded in the county to which the district is in whole or in part transferred shall be copied and certified by the officer having custody thereof, transferred to, and recorded in, such county.


text: The following sections of the Political Code are repealed:344634633478344734643479344834653480344934663480a34503466a3480b34513466.63480d34523466b3480e3453346612 (As amended by3480f3454 Chapter 177 of the3480(g)3454a Statutes of 1915)3480(h)3454b346612 (As amended by348012345412 Chapter 374 of the34813455 Statutes of 1921)34823456346734833456a346834843456a12346934853456c347034883457347134893457a34723489a3457b34733489b34583474349034593475349134603476349234613476a3493346234773493a3462a3493b

part: 11. REPEALS

path: 15. RECLAMATION DISTRICTS > 4. Transfer of Districts From One County to Another > 11. REPEALS


text:
The following acts are repealed:

Yr. Ch. Pg. 1881: 59: 68 1893:147: 174 1895:174: 197 1899: 16: 13 1909:616: 933 1913: 72: 75 1913:365: 777 1917:562: 781

history: (History: Added by Stats. 1951, Ch. 337.)


text: This division shall be known and may be cited as the County Waterworks District Law.

history: (History: Added by Stats. 1953, Ch. 155.)

division: 16. COUNTY WATERWORKS DISTRICTS

chapter: 1. Short Title

path: 16. COUNTY WATERWORKS DISTRICTS > 1. Short Title


text: Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.

chapter: 2. Definitions

path: 16. COUNTY WATERWORKS DISTRICTS > 2. Definitions


text: The definition of a word applies to any of its variants.


text: “District” means any county irrigation district or county waterworks district formed pursuant to the County Waterworks District Act or any county waterworks district formed pursuant to this division.


text: “Board” means the governing body of a district.


text: “County” means the county within which the district or proposed district is located.


text: This division shall not affect any other law relating to the same or a similar subject, but is intended to provide an alternative method of procedure governing the subject to which it relates. When proceeding under the provisions of this division its provisions and none other shall apply.

chapter: 3. Applicability of Division

path: 16. COUNTY WATERWORKS DISTRICTS > 3. Applicability of Division


text: The provisions of this division shall be liberally construed to effect the purposes thereof.


text: Any portion of a county, containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities and contiguous unincorporated territory, and not included in a district, may be formed into a district.

chapter: 1. Petition

path: 16. COUNTY WATERWORKS DISTRICTS > 1. Petition


text: A district may be formed of two or more parcels of noncontiguous territory within the same county if the board of supervisors determines that the single district may be more efficiently and economically operated than if separate districts were formed, but no parcel of noncontiguous territory which contains less than 10 acres may be included in any district.

history: (History: Amended by Stats. 1959, Ch. 33.)


text: A petition for the formation of a district may be presented to the board of supervisors.


text: The petition shall be presented at a regular meeting of the board of supervisors and shall be signed by not less than 25 percent of the freeholders resident within the proposed district, or by not less than 25 percent of the freeholders resident and nonresident within the proposed district, including not less than 15 percent of such resident freeholders.

history: (History: Amended by Stats. 1959, Ch. 148.)


text:
The formation petition shall contain:

(a) The name and boundaries of the proposed district to be benefited by the improvement.

(b) A general description of the improvement desired for the purpose of supplying the inhabitants of the district with water, and which may embrace any or all of the following: the acquisition, construction, installation, completion, extension, repair, or maintenance of water works, structures, and appliances, and the acquisition, by purchase, condemnation, contract, lease, or otherwise, of lands, rights-of-way, water, water rights, and water service, necessary or convenient for such purpose.

(c) An estimate of the cost of the proposed improvement and of the incidental expenses in connection therewith.

(d) A request that an election be called in the district for the purpose of submitting to the qualified voters thereof the proposition of forming the district and the incurring of any indebtedness by the issuance of bonds of the district to pay the cost and expenses of the proposed improvement or any part thereof except if the petition be signed by all of the owners of property within the proposed district as such owners are shown upon the last equalized assessment roll, an election need not be requested.

history: (History: Amended by Stats. 1967, Ch. 839.)