Amended in Senate April 4, 2013

Senate BillNo. 246


Introduced by Senator Fuller

February 12, 2013


An act tobegin delete amend Section 33305end deletebegin insert repeal Part 9.2 (commencing with Section 33300) of Division 12end insert of the Water Code,begin insert and to amend Sections 1, 2, 12, and 15 of, to amend and renumber Sections 5, 7, 8, 10, 11, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 42, 48, 50, 52, 53, 53.1, 53.2, and 54 of, to add Sections 8, 10, 11, end insertbegin insertand 30 to, to repeal Sections 3, 15.1, 15.2, 15.3, 16, 17, 18, 19.5, 21, 22, 36, 40, 41, 45, 46, 49, and 51 of, and to repeal and add Sections 9, 13, and 14 of, the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969),end insert relating to water districts.

LEGISLATIVE COUNSEL’S DIGEST

SB 246, as amended, Fuller. begin deleteDesert View Water District-Bighorn Mountains end deletebegin insertBighorn-Desert View end insertWater Agency.

Existing law, the Desert View Water District-Bighorn Mountains Water Agency Consolidation Law, authorized a consolidation between the Desert View Water District and the Bighorn Mountains Water Agency and required a county water district consolidated with the Bighorn Mountains Water Agency to separately account for and use all funds derived from the operation of the former district system exclusively for the purposes of maintenance, operation, betterments, and bond debt service of the acquired system until all debt of the former system has been paid in full or until a majority vote of the electorate, as prescribed, authorizes other expenditures.

begin insert

Under existing law, the Desert View Water District and the Bighorn Mountains Water Agency consolidated forming the Bighorn-Desert View Water Agency. Existing law, the Bighorn-Desert View Water Agency Law, grants to the consolidated successor district specified authorizations, powers, and duties and makes a violation of certain regulations and ordinances a misdemeanor.

end insert

This bill wouldbegin delete instead specifyend deletebegin insert make conforming changes related to the consolidated district and would repeal the provisions under which the consolidation was completed. The bill would revise various provisions relating to the operation of the district, including, but not limited to, specifyingend insert procedures for the repayment of bonded indebtedness incurred prior to thebegin delete consolidation and would prohibit the consolidation from being construed to impair any existing contractend deletebegin insert consolidation, and eliminating the misdemeanor for ordinance violations and making a violation of certain regulations an infraction instead of misdemeanor, as prescribedend insert.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertPart 9.2 (commencing with Section 33300) of
2Division 12 of the end insert
begin insertWater Codeend insertbegin insert is repealed.end insert

3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1 of the end insertbegin insertBighorn-Desert View Water Agency
4Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
52 of Chapter 570 of the Statutes of 1989, is amended to read:end insert

6

Section 1.  

This act is designated, and may be cited and referred
7to as, thebegin delete “Bighorn Mountainsend deletebegin insert end insertbegin insert“Bighorn-Desert Viewend insert Water
8Agency Law.”

begin delete

9If the Desert View Water District and the Bighorn Mountains
10Water Agency consolidate, this act shall thereafter be designated,
11and may be cited and referred to, by the full name of the
12consolidated successor district, followed by the word “Law.”

end delete
13begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 2 of the end insertbegin insertBighorn-Desert View Water Agency
14Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended to read:end insert

15

Sec. 2.  

Thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water
16Agencybegin insert, formed by the consolidation of agencies authorized
17pursuant to former Part 9.2 (commencing with Section 33300) of
18Division 12 of the Water Code,end insert
is hereby created, organizedbegin insert,end insert and
19incorporated and shall be managed as herein expressly provided
20and may exercise the powers herein expressly granted or
21necessarily implied, and may include contiguous or noncontiguous
P3    1parcels of both unincorporated and incorporatedbegin delete territory, other
2than territory included in any public district having identity of
3purpose or substantial identity of purpose, without the prior consent
4of such public district, evidenced by a resolution duly adopted by
5the governing board thereof,end delete
begin insert territoryend insert and shall include all territory
6lying within the following described boundaries:

7All that real property situate in the County of San Bernardino,
8State of California, more particularly described as follows:

9(a) Township 3 North, Range 4 East, San Bernardino Base and
10Meridian:

11Section 7

12Section 8

13Section 11

14Southbegin delete ½end deletebegin insert end insertbegin insert12end insert Section 2

15Southwestbegin delete ¼end deletebegin insert14end insert Section 12

16Section 13, excluding the Northbegin delete ½end deletebegin insert12end insert of the Northeastbegin delete ¼end deletebegin insert end insertbegin insert14end insert

17Section 14

18Section 15

19Section 16

20Section 17

21Eastbegin delete ½end deletebegin insert12end insert Section 18

22Northeastbegin delete ¼,end deletebegin insert14end insertbegin insert,end insert Northeastbegin delete ¼,end deletebegin insert14end insertbegin insert,end insert Section 20

23Northbegin delete ½end deletebegin insert end insertbegin insert12end insert Section 21

24Northbegin delete ½end deletebegin insert12end insert Section 22

25(b) Township 3 North, Range 5, East, San Bernardino Base and
26Meridian:

27begin deleteSouth ½, end deleteSouthbegin delete ½,end deletebegin insert12end insertbegin insert,end insert Southwestbegin delete ¼,end deletebegin insert14end insertbegin insert,end insert Section 4

28Section 8

29begin deleteNorthwest ¼ and South ½, end deleteSection 9begin insert, excluding the Northeast end insert
30begin insert14end insert

31Southwestbegin delete ¼end deletebegin insert14end insert Section 10

32Section 13

33Southbegin delete ½end deletebegin insert end insertbegin insert12end insert Section 14

34begin deleteNorthwest ¼ and South ½, end deleteSection 15begin insert, excluding the Northeast end insert
35begin insert14end insert

36Section 16

37Section 17

38Section 18

39Section 21

40Section 22

P4    1Section 23

2begin deleteNorthwest ¼, Northwest ¼, end deleteSection 24

3Westbegin delete ½end deletebegin insert12end insert Section 26

4Section 27

5Southeastbegin delete ¼end deletebegin insert14end insert Section 33

6Section 34

7begin deleteNorthwest ¼ and South ½, end deleteSection 35begin insert, excluding the Northeast end insert
8begin insert14end insert

begin insert

9West 12, Northwest 14, Southwest 14, Section 36

end insert
begin insert

10Northeast 14, Northwest 14, Southwest 14, Section 36

end insert

11(c) Township 2 North, Range 5 East, San Bernardino Base and
12Meridian:

13Section 2

14Section 3

15Section 10

16Section 11

17Section 12

begin insert

18Section 13

end insert
begin insert

19Section 14

end insert
begin insert

20Section 15

end insert
begin insert

21Section 22

end insert
begin insert

22Section 23

end insert
begin insert

23Section 26

end insert
begin insert

24Section 27

end insert
begin insert

25Section 34

end insert

26(d) Township 2 North, Range 6 East, San Bernardino Base and
27Meridian:

begin delete

28Section 3

end delete
begin delete

29Section 4

end delete

30Section 5

31Section 6

32Section 7begin insert, except certain parcels end insertbegin insertdescribed as:end insert

begin insert

33630-032-04 W 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

end insert
begin insert

34630-032-05 E 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
35RDS

end insert
begin insert

36630-032-09 W 12 NE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX
37RD

end insert
begin insert

38630-032-10 W 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX RD

end insert
begin insert

39630-032-11 W 12 NE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX RD

end insert
begin insert

40630-032-15 E 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

end insert
begin insert

P5    1630-032-49 W 12 SE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX W
2100 FT S 422 FT THEREOF AND EX RDS

end insert
begin insert

3630-041-26 W 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E EX
4RD MNL RTS AS RESERVED BY USA 5 AC

end insert
begin insert

5630-041-30 E 12 SE 14 SW 14 NE 14 SEC 7 TP 2N R 6E 5 AC

end insert
begin insert

6630-041-39 W 12 SE 14 NE 14 NE 14 SEC 7 TP 2N R 6E 5 AC

end insert
begin insert

7630-041-42 N 280 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N R
86E EX RD

end insert
begin insert

9630-041-54 N 130 FT S 380 FT W 14 SE 14 SW 14 NE 14 SEC
107 TP 2N R 6E 5 EX RD

end insert
begin insert

11630-041-55 S 250 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N R
126E 5 EX RD

end insert
begin insert

13630-041-56 N 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E
14EX RD

end insert
begin insert

15630-041-57 S 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E

end insert
begin delete

16Section 8

end delete
begin delete

17Section 9

end delete
begin delete

18Section 10

end delete
begin delete

19Section 14

end delete
begin delete

20Section 16

end delete

21Section 18begin insert, except certain parcelsend insertbegin insert end insertbegin insertdescribed as:end insert

begin insert

22630-021-18 E 12 SW 14 NW 14 NE 14 SEC 18 TP 2N R 6E EX
23RD

end insert
begin insert

24630-021-67 N 12 E 12 NW 14 NW 14 NE 14 SEC 18 TP 2N R 6E
25EX S 130 FT W 100 FT E 230 FT THEREOF AND EX MNL RTS
26AS RESERVED BY USA EX RDS

end insert

27Westbegin delete ½end deletebegin insert end insertbegin insert12end insert, Section 19

begin delete

28Section 22

end delete
begin delete

29Section 30

end delete
begin delete

30North ½, Northwest ¼, Section 31

end delete
31begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 3 of the end insertbegin insertBighorn-Desert View Water Agency
32Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as added by Section
333 of Chapter 570 of the Statutes of 1989, is repealed.end insert

begin delete
34

Sec. 3.  

If the Desert View Water District and the Bighorn
35Mountains Water Agency consolidate, the board of directors of
36both entities may accept, as a San Bernardino County Local
37Agency Formation Commission condition of that consolidation,
38the selection of a different name for the agency. Thereafter, all
39statutory references to “Bighorn Mountains Water Agency” shall,
P6    1from the effective date of the consolidation, be deemed to refer to
2the name of the consolidated successor district.

end delete
3begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 5 of the end insertbegin insertBighorn-Desert View Water Agency
4Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
54 of Chapter 570 of the Statutes of 1989, is amended and
6renumbered to read:end insert

7

begin deleteSec. 5.end delete
8begin insertSec. 3.end insert  

The Board of Directors of thebegin delete Bighorn Mountainsend delete
9begin insert Bighorn-Desert Viewend insert Water Agency organized under this act shall
10consist of fivebegin delete members. The Board of Supervisors of San
11Bernardino County shall appoint the first board of directorsend delete

12begin insert membersend insert, each of whom shall be a resident of the agency, and shall
13hold office until hisbegin insert or herend insert successor is elected. All successors of
14the first board shall be elected or chosen at the time and in the
15manner provided in the Uniform District Election Lawbegin insert (Part 4
16(commencing with Section 10500) of Division 10 of the Elections
17Code)end insert
.

begin delete

18If the Desert View Water District and the Bighorn Mountains
19Water Agency consolidate, the board of directors of the
20consolidated successor district shall consist of five members, in
21accordance with Section 33302 of the Water Code. In that event,
22the San Bernardino County Local Agency Formation Commission
23may, pursuant to Section 56844 of the Government Code, change
24or terminate existing elective terms of the directors of both the
25Desert View Water District and the Bighorn Mountains Water
26Agency in a manner approved by actions of the board of each of
27those entities in their respective applications for formation of a
28consolidated successor district.

end delete
29begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 7 of the end insertbegin insertBighorn-Desert View Water Agency
30Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
31renumbered to read:end insert

32

begin deleteSec. 7.end delete
33begin insertSec. 4.end insert  

No person shall vote at anybegin delete Bighorn Mountainsend delete
34begin insert Bighorn-Desert Viewend insert Water Agency electionbegin delete held under the
35provisions of this actend delete
who is not a voter within the meaning of the
36Elections Code.begin delete For the purpose of registering voters who shall be
37entitled to vote at Bighorn Mountains Water Agency elections, the
38county clerk or registrar of voters is authorized, in any county in
39which there is the Bighorn Mountains Water Agency to indicate
P7    1upon the affidavit of registration whether the voter is a voter of
2the Bighorn Mountains Water Agency.end delete

3In case the boundary line of thebegin delete Bighorn Mountainsend delete
4begin insert Bighorn-Desert Viewend insert Water Agency crosses the boundary line of
5a county election precinct only those voters withinbegin delete such Bighorn
6Mountainsend delete
begin insert the Bighorn-Desert Viewend insert Water Agency and within
7begin delete suchend deletebegin insert theend insert precinct who are registered as being voters within the
8begin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency shall be
9permitted to vote, and for that purpose the county clerk or registrar
10of voters is hereby empowered to provide two sets of ballots within
11begin delete suchend deletebegin insert theseend insert precincts, one containing the names of candidates for
12office inbegin delete said Bighorn Mountainsend deletebegin insert the Bighorn-Desert Viewend insert Water
13Agency, and the other not containingbegin delete suchend deletebegin insert theend insert names, and it shall
14be the duty of the election officers inbegin delete suchend deletebegin insert theseend insert precincts to furnish
15only those persons registered as voters withinbegin delete such Bighorn
16Mountainsend delete
begin insert theend insertbegin insert Bighorn-Desert Viewend insert Water Agency with the ballots
17upon which are printed the names of the candidates for office in
18thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency.

19begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 8 of the end insertbegin insertBighorn-Desert View Water Agency
20Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
21renumbered to read:end insert

22

begin deleteSec. 8.end delete
23begin insertSec. 5.end insert  

The provisions of the Elections Code so far as they may
24be applicable shall govern all generalbegin delete Bighorn Mountainsend deletebegin insert and
25special Bighorn-Desert Viewend insert
Water Agency electionsbegin delete and all
26special Bighorn Mountains Water Agency electionsend delete
, except asbegin delete in
27this act orend delete
otherwise providedbegin insert in this actend insert.

begin insert28

begin insertSEC. 8.end insert  

Section 8 is added to the Bighorn-Desert View Water
29Agency Act
(Chapter 1175 of the Statutes of 1969), to read:

30

begin insertSec. 8.end insert  

For attending a meeting of the board of directors, each
31of the members of the board of directors shall receive compensation
32in an amount not to exceed the maximum amount authorized by
33Chapter 2 (commencing with Section 20200) of Division 10 of the
34Water Code.

end insert
35begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 9 of the end insertbegin insertBighorn-Desert View Water Agency
36Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
37

Sec. 9.  

The Board of Directors of Bighorn Mountains Water
38Agency shall call and canvass all elections involving matters of
39initiative, recall and referendum and shall call all other elections
40which it is authorized to canvass.

end delete
begin insertP8    1

begin insertSEC. 10.end insert  

Section 9 is added to the Bighorn-Desert View Water
2Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

3

begin insertSec. 9.end insert  

Any vacancy in the board of directors shall be filled
4pursuant to Article 2 (commencing with Section 1770) of Chapter
54 of Division 4 of Title 1 of the Government Code.

end insert
6begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 10 of the end insertbegin insertBighorn-Desert View Water Agency
7Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
8renumbered to read:end insert

9

begin deleteSec. 10.end delete
10begin insertSec. 6.end insert  

Every incumbent of an elective office, whether elected
11by popular vote for a full term, or chosen by the board of directors
12to fill a vacancy, is subject to recall by the voters of thebegin delete Bighorn
13Mountainsend delete
begin insert Bighorn-Desert Viewend insert Water Agencybegin delete organized under
14the provisions of this actend delete
in accordance with the recall provisions
15of the Elections Code of the state with reference to cities.

begin insert16

begin insertSEC. 12.end insert  

Section 10 is added to the Bighorn-Desert View Water
17Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

18

begin insertSec. 10.end insert  

By a majority vote of the board of directors, the board
19shall appoint an attorney, chief engineer, general manager, and
20auditor, define their duties, and fix their compensations. The
21attorney, chief engineer, general manager, and auditor each shall
22serve at the pleasure of the board of directors. A member of the
23board of directors shall not serve as the appointed attorney, chief
24engineer, general manager, or auditor.

end insert
25begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 11 of the end insertbegin insertBighorn-Desert View Water Agency
26Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
27renumbered to read:end insert

28

begin deleteSec. 11.end delete
29begin insertSec. 7.end insert  

The board of directors shall be the governing body of
30thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency.begin delete It
31shall hold its first meeting as soon as possible after the appointment
32and certification of the first board of directors; itend delete
begin insert The board of
33directors shall, by resolution, provide for the date, time, and place
34of holding of its meetings. All meetings of the board of directors,
35whether regular or special, shall be open to the public. A majority
36of the board of directors shall constitute a quorum for the
37transaction of business. At its first meeting in the month of January
38in each even-numbered yearend insert
begin insert, the board of directorsend insert shall choose
39begin delete one ofend deletebegin insert from amongend insert its membersbegin insert aend insert president,begin delete and shall thereupon
40provide for the time and place of holding its meetings and the
P9    1manner in which its special meetings may be called. All legislative
2sessions of the board of directors whether regular or special shall
3be open to the public. A majority of the board of directors shall
4constitute a quorum for the transaction of business. At its first
5meeting in the month of January of each even-numbered year, the
6board of directors shall choose one of its members president.end delete
begin insert vice
7president, and secretary.end insert

begin insert8

begin insertSEC. 14.end insert  

Section 11 is added to the Bighorn-Desert View Water
9Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

10

begin insertSec. 11.end insert  

The general manager shall:

11(a) Have full charge and control of the maintenance, operation,
12and construction of the waterworks of the agency.

13(b) Have full power and authority to employ and discharge all
14employees and assistants at pleasure.

15(c) Prescribe the duties of employees and assistants.

16(d) Fix and alter the compensation of employees and assistants
17subject to approval by the board of directors.

18(e) Perform other duties imposed by the board of directors.

19(f) Report to the board of directors in accordance with rules
20and regulations adopted by the board.

end insert
21begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 12 of the end insertbegin insertBighorn-Desert View Water Agency
22Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
232 of Chapter 696 of the Statutes of 1984, is amended to read:end insert

24

Sec. 12.  

The board of directors shall act only by ordinance,
25resolution, orbegin delete motion. On all ordinances, the roll shall be called
26and the ayes and noes recorded in the journal of the proceedings
27of the board of directors. Resolutions and orders may be adopted
28by voice vote, but, on demand of any member, the roll shall be
29calledend delete
begin insert minute orderend insert. No ordinance,begin delete motion, orend delete resolutionbegin insert, or minute
30orderend insert
shall be passed or become effective without the affirmative
31vote of a majority of the members of thebegin delete board:end deletebegin insert board.end insert The
32enacting clause of all ordinances passed by the board shall be: “Be
33it ordained by the Board of Directors of thebegin delete Bighorn Mountainsend delete
34begin insert Bighorn-Desert Viewend insert Water Agency as follows:”begin insert Except as
35otherwise required by law, ordinances shall be adopted by one of
36the following procedures:end insert

begin delete

37Each of the members of the board of directors shall receive for
38each attendance at the meetings of the board compensation in an
39amount not to exceed the then current maximum amount which
40may be received by directors of a county water district organized
P10   1under Division 12 (commencing with Section 30000) of the Water
2Code for attendance at meetings of the board of directors. No
3directors, however, shall receive pay for more than three meetings
4in any calendar month. A director shall be compensated for a
5meeting of the board if, at the time of the holding of the meeting,
6the director is on other business of the district, at the request of
7the board. Any vacancy in the board of directors shall be filled by
8a majority of the remaining directors, the person so chosen shall
9be a resident of, and otherwise qualified to be a director of, the
10agency and shall hold office for the remainder of the unexpired
11term.

end delete
begin insert

12(a) A copy of the full text of the ordinance shall be posted in the
13office of the agency at least five days prior to the board meeting
14at which the ordinance is to be amended. Within 21 days after
15passage of an ordinance, the general manager shall cause the
16ordinance to be published at least once in a newspaper of general
17circulation published and circulated within the agency’s
18boundaries and shall cause the ordinance to be posted in at least
19three public places. An ordinance shall not be published in a
20newspaper if the charge exceeds the customary rate charged by
21the newspaper for publication of private legal notices, but
22summaries of the ordinance shall be published as provided in
23subdivision (b) or (c).

end insert
begin insert

24(b) The general manager may cause a summary of the ordinance
25or amendment to be published at least once in a newspaper of
26general circulation, and a copy of the full text of the ordinance or
27amendment shall be posted in the office of the agency at least five
28days prior to the board meeting at which the ordinance or
29amendment is to be adopted. Within 15 days after adoption of the
30ordinance or amendment, the general manager shall cause the
31ordinance or amendment to be published at least once in a
32newspaper of general circulation, published, and circulated within
33the agency’s boundaries, and shall cause the ordinance or
34amendment to be posted in at least three public places.

end insert
begin insert

35(c) If the general manager determines that it is not feasible to
36prepare a fair and adequate summary of the ordinance or
37amendment, the general manager shall cause a display
38advertisement of the full text of the ordinance or amendment of at
39least one-sixth of a page to be published in a newspaper of general
40circulation and a copy of the full text of the ordinance or
P11   1amendment to be posted in the office of the agency at least five
2days prior to the board meeting at which the ordinance or
3amendment is to be adopted. Within 21 days after adoption, a
4display advertisement of a similar size shall be published and the
5full text posted in at least three public places.

end insert
6begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 13 of the end insertbegin insertBighorn-Desert View Water Agency
7Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
8

Sec. 13.  

No informality in any proceeding not substantially
9affecting adversely the legal rights of any citizen, shall be held to
10invalidate the legal existence of said Bighorn Mountains Water
11Agency and all proceedings in respect thereto shall be held to be
12valid and in every respect legal and incontestable.

end delete
begin insert13

begin insertSEC. 17.end insert  

Section 13 is added to the Bighorn-Desert View Water
14Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

15

begin insertSec. 13.end insert  

The voters of the Bighorn-Desert View Water Agency
16may pass an initiative in accordance with the methods provided
17by Chapter 3 (commencing with Section 9200) of Division 9 of the
18Elections Code for a city.

end insert
19begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 14 of the end insertbegin insertBighorn-Desert View Water Agency
20Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
21

Sec. 14.  

The board of directors shall at its first meeting, or as
22soon thereafter as practicable, appoint by a majority vote a vice
23president, secretary, treasurer, attorney, chief engineer, general
24manager and auditor, define their duties and fix their compensation,
25and each shall serve at the pleasure of the board, and may employ
26such additional assistants and employees as they may deem
27necessary to efficiently maintain and operate said agency. Said
28board may consolidate the office of secretary and treasurer, and
29the offices of chief engineer and general manager.

end delete
begin insert30

begin insertSEC. 19.end insert  

Section 14 is added to the Bighorn-Desert View Water
31Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

32

begin insertSec. 14.end insert  

The voters of the Bighorn-Desert View Water Agency
33may disapprove and thereby veto an ordinance by proceeding in
34accordance with the methods provided by Chapter 3 (commencing
35with Section 9200) of Division 9 of the Elections Code for a
36referendum in a city.

end insert
37begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 15 of the end insertbegin insertBighorn-Desert View Water Agency
38Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
391 of Chapter 950 of the Statutes of 1985, is amended to read:end insert

P12   1

Sec. 15.  

Thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water
2Agency, whichbegin delete is incorporated as provided in this actend deletebegin insert may exercise
3only the powers expressly granted and those necessarily implied
4by this actend insert
, has all of the following powers:

51. To have perpetual succession.

62. To sue and bebegin delete sued, except as otherwise provided in this act
7or by law,end delete
begin insert suedend insert in all actions and proceedings in all courts and
8tribunals of competent jurisdiction.

93. To adopt a seal and alter it at pleasure.

104. To take by grant, purchase, gift, devise,begin insert condemnation,end insert or
11lease, hold, use, enjoy, and to leasebegin insert, with or without the privilege
12of purchase, sell,end insert
or dispose of real and personal property of every
13kind, within or without thebegin delete Bighorn Mountains Water Agencyend delete
14begin insert agencyend insert.

155. To acquire, or contract to acquire, waterworks or a waterworks
16system, waters, water rights, lands, rights and privileges, and
17construct, maintain, and operatebegin insert water wells,end insert conduits, pipelines,
18reservoirs, works, machinery, and other property useful or
19necessary tobegin insert produce,end insert store, convey, supply, or otherwise make
20use of water for a waterworks plant or system for the benefit of
21the agency, and to complete, extend,begin insert enlarge,end insert add to, repair, or
22otherwise improve any waterworks or waterworks system acquired
23bybegin delete it as authorizedend deletebegin insert the agencyend insert.

246. To construct, maintain, improve, and operate public
25recreational facilities appurtenant to anybegin delete water reservoir operated
26or contracted to be operated by the Bighorn Mountains Water
27Agency,end delete
begin insert waterworksend insert and tobegin delete provide, by ordinance,end deletebegin insert provideend insert
28 regulations binding upon all persons to govern the use of those
29facilities, including regulations imposing reasonable charges for
30the use thereof. Violation of any such regulation isbegin delete a misdemeanor.end delete
31begin insert an infraction punishable by a fine of not more than three hundred
32dollars ($300).end insert

begin delete

337. To lease of and from any person, firm, or public or private
34corporation, or public agency, with the privilege of purchasing or
35otherwise, all or any part of water storage, transportation, or
36distribution facilities, existing waterworks or a waterworks system,
37and to carry on and conduct waterworks or a waterworks system;
38also to sell water under the control of the agency to cities, and to
39other public corporations and public agencies within the agency,
40and to the inhabitants of those cities and of other territory within
P13   1the agency, and to persons, corporations, and other private agencies
2within the agency for use within the agency without any preference;
3and it may, whenever the board finds that there is a surplus of
4water above that which may be required by consumers within the
5agency, sell or otherwise dispose of surplus water to any persons,
6firms, public or private corporations or public agencies, or other
7consumers.

end delete
begin insert

87. To sell water to other public agencies within the
9Bighorn-Desert View Water Agency and to the inhabitants of the
10territory of those public agencies for use within the Bighorn-Desert
11View Water Agency. The Bighorn-Desert View Water Agency may,
12whenever the board of directors finds that there is a surplus of
13water above that which may be required by consumers within the
14Bighorn-Desert View Water Agency, sell or otherwise dispose of
15surplus water to any persons, firms, public or private corporations,
16public agencies, or other consumers.

end insert

178.begin delete The agency mayend deletebegin insert Toend insert supply and deliver water to property not
18subject to agency taxes at special rates, terms, and conditions as
19determined by the boardbegin delete for that serviceend deletebegin insert of directorsend insert.

begin delete

209. To exercise the right of eminent domain to take any property
21necessary to supply the agency, or any portion thereof, with water.
22In lieu of compensation and damages for the taking or damaging
23of any public utility facility which is required to be replaced by
24the public utility to provide service to the public equivalent to that
25provided by the facility taken or damaged, the agency shall pay to
26the public utility owning the facility its actual cost incurred to
27replace in kind the facility so taken or damaged, less property
28deductions for depreciation, together with its actual cost incurred
29to rearrange or rehabilitate the facilities of the public utility not
30taken or damaged, but required to be rearranged or rehabilitated
31by reason of the taking or damaging.

end delete
begin delete

3210. To issue bonds, borrow money, and incur indebtedness as
33authorized by law or in this act; also to refund (by the issuance of
34the same obligations following the same procedure) or retire any
35indebtedness or lien that may exist against the agency or property
36thereof; also to issue warrants to pay the formation expenses of
37the agency, which warrants may bear interest at a rate not
38exceeding 6 percent per annum from the date of issue until funds
39are available to pay the warrants, and which formation expenses
P14   1may include fees of attorneys and others employed to conduct the
2formation proceedings.

end delete
begin delete

311. To issue negotiable promissory notes bearing interest at a
4rate not exceeding 7 percent per annum; provided, however, that
5the notes shall be general obligations of the agency payable from
6revenues and taxes in the same manner as bonds of the agency;
7and provided further that the maturity shall not be later than five
8years from the date thereof and that the total aggregate amount of
9the notes outstanding at any one time may be at least equal to
10seventy-five thousand dollars ($75,000) in the Bighorn Mountains
11Water Agency, but shall not otherwise exceed the lesser of either
12one million five hundred thousand dollars ($1,500,000) or 3 percent
13of the assessed valuation of the taxable property in the Bighorn
14Mountains Water Agency or, if the assessed valuation is not
15obtainable, 3 percent of the county auditor’s estimate of the
16assessed valuation of the taxable property in the agency evidenced
17by his or her certificate. Promissory notes issued pursuant to
18Section 51 may be disregarded in computing the aggregate amount
19of notes that may be issued pursuant to this subdivision.

end delete
begin delete

2012. To cause taxes to be levied, in the manner provided, for the
21purpose of paying any obligation of the agency, including its
22formation expenses and any warrants issued therefor.

end delete
begin delete

23 13.

end delete

24begin insert9.end insert To restrict the use of agency water during any emergency
25caused by drought, or other threatened or existing water shortage,
26and to prohibit the wastage of agency water or thebegin insert improperend insert use
27of agency water during those periods,begin delete for any purpose other than
28household uses or such other restricted uses as may be determined
29to be necessary by the agency; to prohibit the use of water during
30those periods for specific uses which the agency may, from time
31to time, find to be nonessentialend delete
begin insert in accordance with Chapter 3
32(commencing with Section 350) of Division 1 of the Water Codeend insert
.

begin delete

3314. To prescribe and define, by ordinance, the restrictions,
34prohibitions, and exclusions referred to in subdivision 13 of this
35section. Every ordinance relating to the matters referred to in this
36subdivision shall be in full force and effect immediately upon
37adoption, but shall be published pursuant to Section 6061 of the
38Government Code in full in a newspaper of general circulation,
39printed, published, and circulated in the agency within 10 days
P15   1after adoption or, if there be no such newspaper, shall be posted
2within that time in three public places within the agency.

end delete
begin delete

315.

end delete

4begin insert1end insertbegin insert0.end insert To make contracts, employ labor, and do all acts necessary
5for the full exercise of the above powers.

begin delete

6 16.

end delete

7begin insert11.end insert To providebegin delete, by ordinance of its board of directors,end delete for the
8pensioning of officers or employees and the creation of a special
9fund for the purpose of paying the pensions, and the accumulation
10of contributions to the fund from the revenues of the agency, the
11wages of officers or employees, voluntary contributions, gifts,
12donations, or any source of revenue not inconsistent with the
13general powers of the board, and to contract with any insurance
14corporation or any other insurance carrier for the maintenance of
15a service covering the pension of the officers or employees, and
16to providebegin delete in the ordinanceend delete for the terms and conditions under
17which pensions shall be awarded, and for the time and extent of
18service of officers or employees before pensions shall be available
19to them.

begin delete

20 17.

end delete

21begin insert12.end insert To acquire, control, distribute, store, spread, sink, treat,
22purify, reclaim,begin insert capture,end insert recapture, and salvage any water,
23including sewage andbegin delete storm watersend deletebegin insert stormwatersend insert, for the beneficial
24use and protection of the agency or its inhabitants or the owners
25of right to water therein.

begin delete

2618. Subject to the limitations in subdivision 9 of this section, to
27join with one or more

end delete

28begin insert13.end insertbegin insert To contract with the federal government, the state, any state
29agency, a county, or otherend insert
publicbegin delete agenciesend deletebegin insert agencyend insert,begin insert aend insert private
30begin delete corporationsend deletebegin insert corporationend insert, or otherbegin delete personsend deletebegin insert personend insert for the purpose
31of carrying out any of the powers of the agency and, for that
32purpose, to contract with the other public agencies, private
33corporations, or persons for the purpose of financing acquisitions,
34constructions, and operations.begin delete The contracts may provide for
35contributions to be made by each party thereto and for the division
36and apportionment of the expenses of the acquisitions and
37operations, and the division and apportionment of the benefits, the
38services and products therefrom, and may provide for any agency
39to effect the acquisitions and to carry on the operations, and shall
40provide in the powers and methods of procedure for the agency
P16   1the method by which the agency may contract. The contracts with
2other public agencies, private corporations, or persons may contain
3such other and further covenants and agreements as may be
4necessary or convenient to accomplish the purposes thereof. The
5term “public agency,” as used in this subdivision, means and
6includes the United States of America or any department or agency
7thereof, the State of California or any department or agency thereof,
8a county, city, public corporation, or other public district of this
9state. The term “private corporation,” as used in this subdivision,
10means and includes any private corporation organized under the
11laws of the United States of America or of this or any other state
12thereof. Contracts include those made with the United States, under
13the Federal Reclamation Act of June 17, 1902,1 and all acts
14amendatory thereof or supplementary thereto or any other act of
15Congress previously or hereafter enacted permitting cooperation.
16Any contract with the United States of America or any department
17or agency thereof, or with any private corporation organized under
18the laws of the United States of America, by which the agency, or
19an improvement district thereof, incurs an indebtedness or liability
20exceeding in any year the income and revenue for that year shall
21not be executed without the assent of two-thirds of the qualified
22electors of the agency, or the improvement district thereof, voting
23at a special election to be held for that purpose, the election to be
24called and held, so far as practicable, in the same manner as bond
25elections for the agency. The exact form of the contract need not
26be available at the time of the special election, but the (a) purpose
27of the contract, (b) maximum amount of indebtedness created
28thereby, (c) maximum term of repayment, and (d) maximum
29interest rate on the indebtedness shall be known and included in
30the proposition or measure submitted to the qualified electors of
31the agency, or the improvement district thereof, at the special
32election.end delete
begin insert These contracts may contain any other and further
33covenants and agreements as may be necessary or convenient to
34accomplish the purposes of the contract.end insert

begin delete

35 19.

end delete

36begin insert14.end insert To commence, maintain, intervene in, defend and
37compromise, in the name of the agency, or as a class representative
38of the inhabitants, property owners, taxpayers, or water producers
39or water users within the agency, or otherwise, and to assume the
40costs and expenses of any and all actions and proceedings, now
P17   1or hereafter begun, involving or affecting the ownership or use of
2water or water rights, used or useful for any purpose, of the agency,
3or a common benefit to the lands within the agency or its
4 inhabitants.

begin delete

5 20.

end delete

6begin insert15.end insert To commence, maintain, intervene in, defend and
7compromise, in the name of the agency, or as a class representative
8of the inhabitants, property owners, taxpayers, water producers or
9water users within the agencybegin delete or otherwiseend delete, and to assume the costs
10and expenses of any and all actions orbegin delete proceedings, now or
11hereafter begun,end delete
begin insert proceedingsend insert to prevent, control, or abate the
12pollution of water used or useful for any purpose of the agency,
13orbegin insert to protect or provideend insert a common benefit to lands within the
14begin delete agency,end deletebegin insert agencyend insert or to the inhabitants of the agency, orbegin insert to protect
15or controlend insert
any watershed or basin overlain, in whole or in part, by
16the agency or which contributesbegin insert or may contributeend insert to the water
17supply of the agency.

begin delete

1821. Distribute water to persons in exchange for ceasing or
19reducing groundwater extractions and to fix the terms and
20conditions of any contract under which producers may agree
21voluntarily to use replenishment water from a nontributary source
22in lieu of groundwater, and to that end the agency may become a
23party to such a contract and pay from the agency funds that portion
24of the cost of the replenishment waters that will encourage the
25purchase and use of replenishment water in lieu of pumping so
26long as the persons or property within the agency are directly or
27indirectly benefited by the resulting replenishment.

end delete
begin delete

2822. To issue revenue bonds for any purpose for which general
29obligation bonds may be issued, and for any purpose for which
30revenue bonds could be issued under the Revenue Bond Law of
3119412 or any other law which by its terms is applicable to this
32agency.

end delete
begin delete

3323. To use the Improvement Act of 1911 (Division 7
34(commencing with Section 5000) of the Streets and Highways
35Code) for the construction of any facilities authorized to be
36constructed under this act. The powers and duties conferred by the
37Improvement Act of 1911 on the various boards, officers, and
38agents of cities shall be exercised by the respective boards, officers,
39and agents of the Bighorn Mountains Water Agency. In the
40application of the Improvement Act of 1911 to proceedings
P18   1instituted by the Bighorn Mountains Water Agency, the terms used
2in the Improvement Act of 1911 have the following meanings:

end delete
begin delete

3(a) “City council” and “council” mean the Board of Directors
4of the Bighorn Mountains Water Agency.

end delete
begin delete

5(b) “Municipality” and “city” mean the Bighorn Mountains
6Water Agency.

end delete
begin delete

7(c) “Clerk” and “city clerk” mean the secretary.

end delete
begin delete

8(d) “Superintendent of streets,” “street superintendent,” and
9“city engineer” mean the chief engineer of the agency.

end delete
begin delete

10(e) “Tax collector” means the county tax collector.

end delete
begin delete

11(f) “Treasurer” and “city treasurer” mean the treasurer of the
12Bighorn Mountains Water Agency.

end delete
begin delete

13(g) “Mayor” means the president of the board of directors of
14the Bighorn Mountains Water Agency.

end delete
begin delete

15(h) “Right-of-way” means any parcel of land in, on, under, or
16through which a right-of-way or easement has been granted to the
17agency for the purpose of constructing and maintaining any works
18or improvements of the Bighorn Mountains Water Agency.

end delete
begin delete

19Any certificates or documents required to be filed or recorded
20in the office of the superintendent of streets or street superintendent
21shall be filed and recorded in the office of the secretary of the
22Bighorn Mountains Water Agency.

end delete
begin delete

2324. To use the Improvement Bond Act of 1915 (Division 10
24(commencing with Section 8500) of the Streets and Highways
25Code) for the construction of any facilities authorized to be
26constructed under this act. The powers and duties conferred by the
27Improvement Bond Act of 1915 on the various boards, officers,
28and agents of cities or counties shall be exercised by the respective
29boards, officers, and agents of the Bighorn Mountains Water
30Agency. In the application of the Improvement Bond Act of 1915
31to proceedings instituted by the agency, the terms used in the
32Improvement Bond Act of 1915 have the following meanings:

end delete
begin delete

33(a) “City” means the Bighorn Mountains Water Agency.

end delete
begin delete

34(b) “Clerk” means the secretary of the Bighorn Mountains Water
35Agency.

end delete
begin delete

36(c) “Legislative body” means the Board of Directors of the
37Bighorn Mountains Water Agency.

end delete
begin delete

38(d) “Mayor” means the president of the board of directors of
39the agency.

end delete
begin delete

P19   1(e) “Right-of-way” means any parcel of land in, on, under, or
2through which a right-of-way or easement has been granted to the
3agency for the purpose of constructing and maintaining any works
4or improvements of the agency.

end delete
begin delete

5(f) “Street superintendent,” “superintendent of streets,” and
6“engineer” mean, respectively, the officers or entities designated,
7from time to time, by the board of directors to perform the duties
8imposed on the street superintendent, superintendent of streets,
9and the engineer.

end delete
begin delete

10(g) “Tax collector” and “auditor” mean the county tax collector
11and county auditor, unless otherwise designated by the board of
12directors.

end delete
begin delete

13(h) “Treasurer” means the treasurer of the Bighorn Mountains
14Water Agency, or the county treasurer if so designated by the board
15of directors.

end delete
begin delete

16Any certificates or documents to be filed or recorded in the office
17of the superintendent of streets or street superintendent shall be
18filed and recorded in the office of the secretary of the agency.

end delete
begin insert

1916. To borrow money, incur indebtedness, and issue bonds or
20other evidences of indebtedness at the rate permitted by Article 7
21(commencing with Section 53530) of Chapter 3 of Part 1 of
22Division 2 of Title 5 of the Government Code and to refund or
23retire any indebtedness or lien against the agency or its property.

end insert
begin insert

2417. To issue negotiable promissory notes that shall be general
25obligations of the agency payable from revenues and taxes in the
26same manner as bonds of the agency, at the rate permitted by
27Article 7 (commencing with Section 53530) of Chapter 3 of Part
281 of Division 2 of Title 5 of the Government Code.

end insert
begin insert

2918. To cause taxes to be levied, in the manner provided by the
30California Constitution and state law, for the purpose of paying
31any obligation of the agency.

end insert
begin insert

3219. To issue improvement bonds in accordance with, and
33pursuant to, the Improvement Act of 1911 (Division 7 (commencing
34with Section 5000) of the Streets and Highways Code), the
35Improvement Bond Act of 1915 (Division 10 (commencing with
36Section 8500) of the Streets and Highways Code), the Municipal
37Improvement Act of 1913 (Division 12 (commencing with Section
3810000) of the Streets and Highways Code), the Refunding
39Assessment Bond Act of 1935 (Chapter 732 of the Statutes of 1935),
40and the Revenue Bond Law of 1941 (Chapter 6 (commencing with
P20   1Section 54300) of Part 1 of Division 2 of Title 5 of the Government
2Code).

end insert
begin delete

3 25.

end delete

4begin insert2end insertbegin insert0.end insert To prescribe,begin delete by ordinance, a system ofend deletebegin insert revise, and collectend insert
5 water system connectionbegin delete charges and, if deemed appropriate by
6the board of directors, a refunding mechanism through water rates
7or pursuant to contractend delete
begin insert and capacity charges in the manner
8provided by the California Constitution and state lawend insert
.

begin insert

921. To record a certificate in the office of the county recorder
10of any county specifying the amount of unpaid charges for water
11or other services, plus interest and penalties. From the time of
12recordation of the certificate, the amount required to be paid,
13together with interest and penalty, constitutes a lien upon all real
14property in the county owned by the person or afterwards, and
15before the lien expires, acquired by the person. The lien shall have
16the force, priority, and effect of a judgment lien and shall continue
17for 10 years from the date of the filing of the certificate unless
18sooner released or otherwise discharged. Within 10 years from
19the filing of the certificate or within 10 years of the date of the last
20extension of the lien, the lien may be extended by filing for record
21a new certificate in the office of the county recorder of any county
22and from the time of that filing the lien shall be extended to the
23real property in the county for 10 years unless sooner released or
24otherwise discharged.

end insert
begin insert

2522. To construct, operate, and maintain works to develop
26hydroelectric energy, for use by the agency in the operation of its
27works or as a means of assisting in financing the construction,
28operation, and maintenance of its projects for the control,
29 conservation, diversion, and transmission of water, and to enter
30into contracts for the sale of this energy.

end insert
begin insert

3123. To contract for the sale of the right to use falling water for
32electric energy purposes with any public agency or private entity
33engaged in the retail distribution of electric energy.

end insert
begin insert

3424. To prosecute an action to determine the validity of any bonds,
35warrants, promissory notes, contracts, or other evidences of
36indebtedness, including those of the kind authorized by paragraphs
3716, 17, and 19, brought pursuant to Chapter 9 (commencing with
38Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

end insert
begin insert

3925. In addition to the powers granted in this section, the agency
40may exercise all powers previously or hereafter granted to or
P21   1possessed by county water districts organized and governed under
2the County Water District Law (Division 12 (commencing with
3Section 30000) of the Water Code) to finance the acquisition of,
4and to acquire, waterworks and waterworks systems, waters, water
5rights, lands, rights, or privileges, and may exercise all those
6powers to fund construction, maintenance, or operation of
7waterworks and waterworks systems.

end insert
8begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 15.1 of the end insertbegin insertBighorn-Desert View Water
9Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
10

Sec. 15.1.  

The agency shall have the power to construct, operate
11and maintain works to develop hydroelectric energy, for use by
12the agency in the operation of its works or as a means of assisting
13in financing the construction, operation and maintenance of its
14projects for the control, conservation, diversion and transmission
15of water and to enter into contracts for the sale of such energy for
16a term not to exceed 50 years. Such energy may be marketed only
17at wholesale to any public agency or private entity, or both, or the
18federal or state government.

end delete
19begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 15.2 of the end insertbegin insertBighorn-Desert View Water
20Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
21

Sec. 15.2.  

In connection with the construction and operation
22of the works of the agency, the agency shall have the power to
23contract for the sale of the right to use falling water for electric
24energy purposes with any public agency or private entity engaged
25in the retail distribution of electric energy, for a term not to exceed
2650 years.

end delete
27begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 15.3 of the end insertbegin insertBighorn-Desert View Water
28Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended
29by Section 5 of Chapter 570 of the Statutes of 1989, is repealed.end insert

begin delete
30

Sec. 15.3.  

In addition to the powers granted in Section 15, the
31agency may exercise all powers previously or hereafter granted to
32or possessed by county water districts organized and governed
33under the County Water District Law (Division 12 (commencing
34with Section 30000) of the Water Code) to finance the acquisition
35of waterworks or waterworks systems, waters, water rights, lands,
36rights or privileges, and may exercise all those powers to fund
37construction, maintenance, or operation of new waterworks systems
38constructed after January 1, 1986.

39The board of directors may, with respect to any improvement,
40assessment, special tax, or taxation district or area originally
P22   1formed or existing under the County Water District Law, continue
2to exercise all of the powers held by a board organized under that
3law to fund, set, levy, or collect moneys, taxes, fees, or assessments
4reasonably required to be raised and collected from the
5improvement, assessment, special tax, or taxation district or area.

end delete
6begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 16 of the end insertbegin insertBighorn-Desert View Water Agency
7Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
8176 of Chapter 1128 of the Statutes of 1984, is repealed.end insert

begin delete
9

Sec. 16.  

All powers, privileges and duties vested in or imposed
10upon the Bighorn Mountains Water Agency incorporated hereunder
11shall be exercised and performed by and through the board of
12directors; provided, however, that the exercise of any and all
13executive, administrative and ministerial powers may be by said
14board of directors delegated and redelegated to any of the officers
15created hereby and by the board of directors acting hereunder.

16The board of directors shall have the power:

17(1) To fix the time and place or places at which its regular
18meetings shall be held, and shall provide for the calling and holding
19of special meetings.

20(2) To fix the location of the principal place of business of the
21agency and the location of all offices and departments maintained
22hereunder.

23(3) To prescribe by ordinance a system of business
24administration and to create any and all necessary offices and to
25establish and reestablish the powers and duties and compensation
26of all officers and employees and to require and fix the amount of
27all official bonds necessary for the protection of the funds and
28property of the agency.

29(4) To prescribe by ordinance a system of civil service.

30(5) To delegate and redelegate by ordinance to officers of the
31agency power to employ clerical, legal, and engineering assistants
32and labor, and under such conditions and restrictions as shall be
33fixed by the directors, power to bind the agency by contract.

34(6) To prescribe a method of auditing and allowing or rejecting
35claims and demands.

36(7) To fix the rates at which water should be sold, and to
37establish different rates for different classes or conditions of
38service; provided, that rates shall be uniform for like classes or
39conditions of service throughout the agency, but any special water
40rate fixed in accordance with terms and conditions of annexation,
P23   1shall be deemed to be a rate for a different class or condition of
2service.

end delete
3begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 17 of the end insertbegin insertBighorn-Desert View Water Agency
4Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
5

Sec. 17.  

A finding by the board of directors upon the existence,
6threat, or duration of an emergency or shortage of water or upon
7the matter of necessity or any other matter or condition referred
8to in subdivisions 13 or 14 of Section 15 of this act, shall be made
9by resolution or ordinance, and shall be prima facie evidence of
10the fact or matter so found, and such fact or matter shall be
11presumed to continue unchanged unless and until a contrary finding
12shall have been made by the board by resolution or ordinance.
13Such finding shall be received in evidence in any civil or criminal
14proceeding in which it may be offered, and shall be proof and
15evidence of the fact or matter found until rebutted or overcome by
16other sufficient evidence received in such proceeding. Copy of
17any resolution or ordinance setting forth such finding shall, when
18certified by the secretary of the agency, be evidence that the finding
19was made by the agency as shown by the resolution or ordinance
20and certification.

end delete
21begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 18 of the end insertbegin insertBighorn-Desert View Water Agency
22Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
23

Sec. 18.  

From and after the publication or posting of any
24ordinance as provided in subdivision 14 of Section 15 of this act,
25it is hereby declared to be and it shall be a misdemeanor for any
26person, firm or corporation to use or apply water received from
27the agency contrary to or in violation of such restriction or
28prohibition, until such ordinance shall have been repealed or such
29emergency or threatened emergency shall have ceased, and upon
30conviction thereof such person, firm or corporation shall be
31punished by being imprisoned in the county jail for not more than
3230 days or by fine of not more than three hundred dollars ($300),
33or by both such fine and imprisonment.

end delete
34begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 19.5 of the end insertbegin insertBighorn-Desert View Water
35Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
36

Sec. 19.5.  

An action to determine the validity of any contract
37authorized by paragraph 19 of Section 15 may be brought pursuant
38to Chapter 9 (commencing with Section 860) of Title 10 of Part 2
39of the Code of Civil Procedure.

end delete
P24   1begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 21 of the end insertbegin insertBighorn-Desert View Water Agency
2Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
3

Sec. 21.  

The president, vice president and secretary in addition
4to the respective duties imposed on them by law shall perform
5such duties as may be imposed on them by the board of directors.
6The treasurer, or such other person or persons as may be authorized
7by the board of directors, shall draw checks or warrants to pay
8demands when such demands shall have been audited and approved
9in the manner prescribed by the board of directors.

10If the president is absent or unable to act, the vice president shall
11exercise the powers of the president granted by this act.

12The general manager shall have full charge and control of the
13maintenance, operation and construction of the waterworks or
14waterworks system of the agency with full power and authority to
15employ and discharge all employees and assistants at pleasure,
16prescribe their duties, fix their compensation, subject to the
17approval of the board of directors.

18The general manager shall perform such duties as may be
19imposed on him by the board of directors. The general manager
20shall report to the board of directors in accordance with such rules
21and regulations as they may direct.

22The chief engineer shall be the engineering adviser of the agency
23and shall perform such other duties as may be prescribed by the
24board of directors.

25The attorney shall be the legal adviser of the agency and shall
26perform such other duties as may be prescribed by the board of
27directors.

28The board of directors shall designate a depository or depositories
29to have the custody of the funds of the agency, all of which
30depositories shall give security sufficient to secure the agency
31against possible loss, and who shall pay the warrants drawn by the
32treasurer for demands against the agency under such rules as the
33directors may prescribe.

34The general manager, secretary and treasurer, and all other
35employees or assistants of said agency who may be required so to
36do by the board of directors, shall give such bonds to the agency
37conditioned for the faithful performance of their duties as the board
38of directors from time to time may provide. The premiums on such
39bonds shall be paid by the agency.

end delete
P25   1begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 22 of the end insertbegin insertBighorn-Desert View Water Agency
2Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
3

Sec. 22.  

The board of directors shall have power to construct
4works along and across any stream of water, watercourse, street,
5avenue, highway, canal, ditch or flume, or across any railway
6which the route of said works may intersect or cross; provided,
7such works are constructed in such manner as to afford security
8for life and property, and said board of directors shall restore the
9crossings and intersections to their former state as near as may be,
10or in a manner not to have impaired unnecessarily their usefulness.
11Every company whose right-of-way shall be intersected or crossed
12by said works shall unite with said board of directors in forming
13said intersections and crossings and grant the rights therefor. The
14right-of-way is hereby given, dedicated and set apart to locate,
15construct and maintain such works along and across any street or
16public highway and over and through any of the lands which are
17now or may be the property of this state, and to have the same
18rights and privileges appertaining thereto as have been or may be
19granted to cities within the state. Any use, under this section, of a
20public highway now or hereafter constituted a state highway shall
21be subject to the provisions of Chapter 3 of Division 1 of the Streets
22and Highways Code.

end delete
23begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 23 of the end insertbegin insertBighorn-Desert View Water Agency
24Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
2512 of Chapter 104 of the Statutes of 1970, is amended and
26renumbered to read:end insert

27

begin deleteSec. 23.end delete
28begin insertSec. 16.end insert  

All claims for money or damages againstbegin delete thisend deletebegin insert theend insert
29 agency are governed by Part 3 (commencing with Section 900)
30and Part 4 (commencing with Section 940) of Division 3.6 of Title
311 of the Government Code, except as provided therein, or by other
32statutes or regulationsbegin delete expresslyend delete applicable thereto.

33begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 25 of the end insertbegin insertBighorn-Desert View Water Agency
34Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
35renumbered to read:end insert

36

begin deleteSec. 25.end delete
37begin insertSec. 17.end insert  

The board of directors,begin delete so far as practicable,end deletebegin insert in
38compliance with the applicable provisions of the California
39Constitution and state law,end insert
shall fix such rate or rates for water in
40the agency and in each improvement district therein as will result
P26   1in revenues which will pay the operating expenses of the agency,
2and the improvement district, provide for repairs and depreciation
3of works, provide a reasonable surplus forbegin insert replacements,end insert
4 improvements, extensions, and enlargements, pay the interest on
5anybegin delete bondedend delete debt, and provide a sinking or other fund for the
6payment of the principal of such debt as it may become due. Said
7rates for water in each improvement district may vary from the
8rates of the agency and from other improvement districts therein.

9begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 26 of the end insertbegin insertBighorn-Desert View Water Agency
10Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
11renumbered to read:end insert

12

begin deleteSec. 26.end delete
13begin insertSec. 19.end insert  

If the revenues of the agency, or any improvement
14district therein, will be inadequate for any cause to pay the
15operating expenses of the agency, provide for repairs and
16depreciation of works owned or operated by it, and to meet all
17obligations of the agency, includingbegin insert payment ofend insert principalbegin delete ofend delete or
18interest on anybegin delete bondedend delete debt of the agencybegin delete,end delete or any improvement
19district thereof, as it becomes due, then the board of directors of
20begin delete thisend deletebegin insert theend insert agencybegin delete mustend deletebegin insert shallend insert providebegin insert, in accordance with the
21provisions of the California Constitution and state law,end insert
for the
22levy and collection of abegin insert specialend insert tax sufficient to raise the amount
23of money determined bybegin delete suchend deletebegin insert theend insert board of directors to be necessary
24for the purpose of payingbegin delete such charges andend deletebegin insert theend insert expensesbegin delete, as well
25as providingend delete
begin insert in addition toend insert the funds required under Sectionbegin delete 25end deletebegin insert 17end insert
26 of this act.

27begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 27 of the end insertbegin insertBighorn-Desert View Water Agency
28Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
29renumbered to read:end insert

30

begin deleteSec. 27.end delete
31begin insertSec. 20.end insert  

The board of directors shall determine the amounts
32necessary to be raised by taxation during the fiscal year and shall
33fix the rate or rates of tax to be levied which will raise the amounts
34of money required by the agency,begin delete and withinend deletebegin insert by continuing to
35impose any ad valorem taxes or any other special taxes, or by
36levying assessments, in accordance with the provisions of the
37California Constitution and state law. Subject to Section 4 of
38Article XIIIend insert
begin insertend insertbegin insertC of the California Constitution, the agency may impose
39new special taxes in accordance with Article 3.5 (commencing
40with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title
P27   15 of the Government Code. Withinend insert
a reasonable timebegin delete previous to
2the time whenend delete
begin insert beforeend insert the board of supervisors is required by law
3to fix its tax rate, the board of directors shall certify to the board
4of supervisors the rate or rates so fixed and shall furnish to the
5board of supervisors a statement in writing containing the
6following: (a) an estimate of the minimum amount of money
7required to be raised by taxation during the fiscal year for the
8payment of the principal of and interest on anybegin delete bondedend delete debt of the
9agencybegin insert,end insert or of an improvement district thereofbegin insert,end insert as will become due
10before the proceeds of a tax levied at the next general tax levy will
11be available; (b) an estimate of the minimum amount of money
12required to be raised by taxation during the fiscal year for all other
13purposes of the agency. The board of directors shall directbegin delete thatend deletebegin insert,end insert at
14the time and in the manner required by law for the levying of taxes
15for county purposes,begin delete suchend deletebegin insert theend insert board of supervisorsbegin delete shall levyend deletebegin insert to
16collectend insert
, in addition tobegin delete suchend deletebegin insert anyend insert other tax as may be levied bybegin delete suchend delete
17begin insert theend insert board of supervisors, at the rate or rates so fixed and determined
18by the board of directors, a tax upon the property within the agency,
19or improvement district thereof benefited by thebegin delete bondedend delete debt, as
20the case maybegin delete be, and it is made the duty of the officer or body
21having authority to levy taxes within each county to levy the tax
22so requiredend delete
begin insert beend insert. Taxes for the payment of the interest on or principal
23of anybegin delete bonded debtsend deletebegin insert debtend insert shall be levied on the property within
24the agency, or improvement district thereof, benefited by the
25begin delete bondedend delete debt, as determined by the board of directors in the
26resolution declaring the necessity to incur the debt. Taxes for other
27purposes of the agency shall be levied on all property in thebegin insert agency
28or improvementend insert
district or portion thereof subject to the particular
29tax.begin delete And itend deletebegin insert Itend insert shall be the duty of all county officers charged with
30the duty of collecting taxes to collect such tax inbegin insert theend insert time, form,
31and manner as county taxes are collected, and when collected to
32pay the same to the agency. Taxes for the payment of abegin delete bondedend delete
33 debt and the interest thereon shall be a lien on all the property
34benefited thereby as stated in the resolution of the board of
35directors declaring the necessity to incur the debt. All taxes for
36other purposes of the agency shall be a lien on all the property in
37the agency subject to the respective tax. Agency taxes, whether
38for payment ofbegin delete a bondedend delete indebtedness and the interest thereon or
39for other purposes, shall be of the same force and effect as other
40liens for taxes, and their collection may be enforced by the same
P28   1means as provided for the enforcement of liens for state and county
2taxes.

3begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 28 of the end insertbegin insertBighorn-Desert View Water Agency
4Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:end insert

6

begin deleteSec. 28.end delete
7begin insertSec. 21.end insert  

begin insert(a)end insertbegin insertend insertWhenever the board of directorsbegin delete deemend deletebegin insert deemsend insert it
8necessary for the agency to incur a bonded indebtedness for the
9acquisition, construction, completion,begin insert replacement,end insert or repair of
10any or all improvements, worksbegin insert,end insert or property mentioned in this act,
11the board shall, by resolution, so declare and call an election to be
12held inbegin delete saidend deletebegin insert theend insert agency for the purpose of submitting to the
13qualified voters thereof the proposition of incurring indebtedness
14by the issuance of bonds ofbegin delete saidend deletebegin insert theend insert agency.begin delete Saidend deletebegin insert Theend insert resolution
15shallbegin delete state: (a) theend deletebegin insert state all of the following:end insert

16begin insert(1)end insertbegin insertend insertbegin insertThe end insertpurpose for which the proposed debt is to be incurred,
17which may include expenses of all proceedings for the
18authorization, issuancebegin insert,end insert and sale of thebegin delete bonds ; (b) theend deletebegin insert bonds.end insert

19begin insert(2)end insertbegin insertend insertbegin insertThe end insertamount of debt to bebegin delete incurred ; (c) theend deletebegin insert incurred.end insert

20begin insert(3)end insertbegin insertend insertbegin insertThe end insertmaximum term the bonds proposed to be issued shall
21run before maturity, which shall not exceed 40begin delete years ; (d) theend deletebegin insert years.end insert

22begin insert(4)end insertbegin insertend insertbegin insertThe end insertmaximum rate of interest to be paid, which shall not
23exceedbegin delete 7 percent per annum,end deletebegin insert the rate permitted by Article 7
24(commencing with Section 53530) of Chapter 3 of Part 1 of
25Division 2 of Title 5 of the Government Code, which shall beend insert

26 payable semiannually, except that interest for the first year may
27be payable at the end ofbegin delete said year ; (e)end delete thebegin insert year or payable on a
28fixed or variable basis, on the dates end insert
begin insertspecifiend insertbegin inserted in the resolution.end insert

29begin insert(5)end insertbegin insertend insertbegin insertThe end insertmeasure to be submitted to thebegin delete voter ; (f) theend deletebegin insert voters.end insert

30begin insert(6)end insertbegin insertend insertbegin insertThe end insertdate upon which an election shall be held for the purpose
31of authorizingbegin delete saidend deletebegin insert theend insert bonded indebtedness to bebegin delete incurred ; and
32(g) the designation of precincts, the location of polling places, and
33the names of the officers selected to conduct the election, who
34shall consist of one judge, one inspector and two clerks in each
35precinct. Theend delete
begin insert incurred.end insert

36begin insert(b)end insertbegin insertend insertbegin insertThe end insertboard of directors shall provide for holdingbegin delete suchend deletebegin insert theend insert
37 special election on thebegin delete day soend deletebegin insert dateend insert fixed and in accordance with
38thebegin insert applicableend insert provisions of the Elections Codebegin delete so far as the same
39shall be applicable, except as herein otherwise providedend delete
. Notice
40of the holding ofbegin delete suchend deletebegin insert theend insert election shall be given by publishing
P29   1pursuant to Section 6066 of the Government Code the resolution
2calling the election, the last publication to be made not less than
3two weeks prior to the date of the proposed election, in at least
4one newspaper published inbegin delete suchend deletebegin insert theend insert agency, if there is a newspaper
5published in the agency,begin delete then suchend deletebegin insert and theend insert resolution shall be
6posted in three public places inbegin delete suchend deletebegin insert theend insert agency not less than two
7weeks prior to the date of the proposed election. No other notice
8ofbegin delete suchend deletebegin insert theend insert election need be given. The returns ofbegin delete suchend deletebegin insert theend insert election
9shall be made, the votes canvassedbegin delete by said board of directors within
10seven days following said election,end delete
and the results thereof
11ascertained and declared in accordance with the provisions of the
12Elections Code, so far as they may be applicable, except as in this
13act otherwise provided. The secretary of the board of directors, as
14soon as the result is declared, shall enter in the records ofbegin delete suchend deletebegin insert theend insert
15 board a statement ofbegin delete suchend deletebegin insert theend insert results. No irregularities or
16informalities in conductingbegin delete suchend deletebegin insert theend insert election shall invalidate the
17begin delete sameend deletebegin insert resultend insert, if the electionbegin delete shall haveend deletebegin insert hasend insert otherwise been fairly
18conducted.

begin delete

19Any

end delete

20begin insert(c)end insertbegin insertend insertbegin insertAny end insertaction orbegin delete proceeding, whereinend deletebegin insert proceeding contesting,
21questioning, or denyingend insert
the validity ofbegin delete any suchend deletebegin insert theseend insert bondsbegin insert,end insert or
22begin delete of theend delete proceedings in relationbegin delete thereto is contested, questioned or
23deniedend delete
begin insert to these bondsend insert, shall be commenced withinbegin delete three monthsend delete
24begin insert 30 daysend insert from the date ofbegin delete such election; otherwise, saidend deletebegin insert the election,
25or theend insert
bonds and all proceedings in relationbegin delete theretoend deletebegin insert to these bondsend insert
26 shall be held to be valid and in every respect legal and
27incontestable.

28begin insert

begin insertSEC. 35.end insert  

end insert

begin insertSection 29 of the end insertbegin insertBighorn-Desert View Water Agency
29Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
30renumbered to read:end insert

31

begin deleteSec. 29.end delete
32begin insertSec. 22.end insert  

begin insert(a)end insertbegin insertend insertWhenever the board of directors deems it necessary
33to incurbegin delete aend delete bonded indebtedness for the acquisition, construction,
34completion,begin insert replacement,end insert or repair of any or all improvements,
35worksbegin insert,end insert or property mentioned in this act and to provide forbegin delete suchend delete
36begin insert thatend insert bonded indebtedness to be payable from taxes levied upon
37less than all of the agency, the board shall, by resolution, so declare
38andbegin delete state: (a) theend deletebegin insert state all of the following:end insert

39begin insert(1)end insertbegin insertend insertbegin insertThe end insertpurpose for which the proposed debt is to bebegin delete incurred ;
40(b) theend delete
begin insert incurred.end insert

P30   1begin insert(2)end insertbegin insertend insertbegin insertThe end insertamount of debt to be incurred, which may include
2expenses of all proceedings for the authorization, issuancebegin insert,end insert and
3the sale of thebegin delete bonds ; (c) thatend deletebegin insert bonds.end insert

4begin insert(3)end insertbegin insertend insertbegin insertThat end insertthe board intends to form an improvement district of
5a portion of the agency which in the opinion of the board will be
6benefited, the exterior boundaries of which portion are set forth
7on a map on file with the secretary of the agency, which map shall
8govern for all details as to the extent of the proposed improvement
9district, and to call an election inbegin delete suchend deletebegin insert thatend insert proposed improvement
10district on a date to be fixed, for the purpose of submitting to the
11qualified voters thereof the proposition of incurring indebtedness
12by the issuance of bonds of the agency forbegin delete saidend deletebegin insert thatend insert improvement
13begin delete district ; (d) thatend deletebegin insert district.end insert

14begin insert(4)end insertbegin insertend insertbegin insertThat end inserttaxes for the payment ofbegin delete saidend deletebegin insert theend insert bonds and the interest
15thereon shall be levied exclusively upon the taxable property in
16the improvementbegin delete district ; (e) thatend deletebegin insert district.end insert

17begin insert(5)end insertbegin insertend insertbegin insertThat end inserta general description of the proposedbegin delete improvement,end delete
18begin insert improvements,end insert together with a map showing the exterior boundaries
19ofbegin delete saidend deletebegin insert theend insert proposed improvement district with relation to the
20territory immediately contiguous thereto and to the proposed
21begin delete improvementend deletebegin insert improvements,end insert is on file with the secretary of the
22agency and is available for inspection by any person or persons
23begin delete interested ; (f) theend deletebegin insert interested.end insert

24begin insert(6)end insertbegin insertend insertbegin insertThe end inserttime and place for a hearing by the board on the
25begin delete questionsend deletebegin insert questionend insert of the formation ofbegin delete saidend deletebegin insert theend insert proposed
26improvement district, the extent thereof, the proposedbegin delete improvementend delete
27begin insert improvementsend insert and the amount of debt to bebegin delete incurred ; and (g) thatend delete
28begin insert incurred.end insert

29begin insert(7)end insertbegin insertend insertbegin insertThat end insertat the time and place specified in the resolution any
30person interested, including all persons owning property in the
31agency or in the proposed improvement district, will bebegin delete heard.
32Noticeend delete
begin insert heard.end insert

33begin insert(b)end insertbegin insertend insertbegin insertNotice end insertofbegin delete saidend deletebegin insert theend insert hearing shall be given by publishing a
34copy of the resolution pursuant to Section 6066 of the Government
35Code prior to the time fixed for the hearing in a newspaper printed
36and published in the agency, if there is a newspaper printed and
37published inbegin delete suchend deletebegin insert theend insert agency.begin delete Suchend deletebegin insert Thisend insert notice shall also be given
38by posting a copy ofbegin delete saidend deletebegin insert theend insert resolution inbegin delete sixend deletebegin insert threeend insert public places
39within the proposed improvement district at least two weeks before
40the time fixed forbegin delete saidend deletebegin insert theend insert hearing.

begin delete

P31   1At

end delete

2begin insert(c)end insertbegin insertend insertbegin insertAend insertbegin insertt end insertthe time and placebegin delete soend delete fixedbegin insert for the hearingend insert, or at any time
3and place to whichbegin delete the hearingend deletebegin insert itend insert is adjourned, the board shall
4proceed with the hearing. At the hearingbegin insert,end insert any person interested,
5including any person owning property within the agency or within
6any proposed improvement district, may appear and present any
7 matters material to the questions set forth in the resolution declaring
8the necessity for incurring the bonded indebtedness. The board
9shall have the power to change the purpose for which the proposed
10debt is to be incurred, or the amount of bonded debt to be incurred,
11or the boundaries ofbegin delete saidend deletebegin insert theend insert proposed improvement district, or
12begin delete one or all of said mattersend deletebegin insert any combination of theseend insert; provided,
13however, thatbegin delete saidend deletebegin insert theend insert board shall not changebegin delete suchend deletebegin insert theend insert boundaries
14so as to include any territorybegin delete whichend deletebegin insert thatend insert will not, in its judgment,
15be benefited bybegin delete saidend deletebegin insert theend insert improvement.

begin delete

16The

end delete

17begin insert(d)end insertbegin insertend insertbegin insertThe end insertpurpose, amount of bonded debtbegin insert,end insert or boundaries shall
18not be changed bybegin delete saidend deletebegin insert theend insert board except after notices of its intention
19 to do so, given by publication pursuant to Section 6061 of the
20Government Code in a newspaper printed and published inbegin delete said
21Bighorn Mountainsend delete
begin insert the Bighorn-Desert Viewend insert Water Agency, if
22there is a newspaper printed and published inbegin delete suchend deletebegin insert theend insert agency, and
23by posting inbegin delete sixend deletebegin insert threeend insert public places withinbegin delete saidend deletebegin insert theend insert proposed
24improvement district.begin delete Saidend deletebegin insert Theend insert notice shall state the changed
25purpose and debt proposed and that the exterior boundaries as
26proposed to be changed are set forth on a map on file with the
27secretary of the agency, which map shall govern for all details as
28to the extent of the proposed improvement district, and specify the
29time and place for hearing onbegin delete suchend deletebegin insert theend insert change, which time shall
30be at least 10 days after publication or posting ofbegin delete saidend deletebegin insert theend insert notice.
31At the time and placebegin delete soend delete fixed, or at any time and place to which
32the hearing is adjourned, the board shall proceed with the hearing.
33At the hearing any person interested, including any person owning
34property within the agency or the proposed improvement district,
35may appear and present any matters material to the changes stated
36in the notice. At the conclusion of the hearingbegin insert,end insert the board shallbegin insert,end insert by
37resolutionbegin insert,end insert determine whether it is deemed necessary to incur the
38bonded indebtedness, and, if so, the resolution shall also state the
39purpose for whichbegin delete saidend deletebegin insert theend insert proposed debt is to be incurred, the
40amount of the proposed debt, that the exterior boundaries of the
P32   1portion of the agencybegin delete whichend deletebegin insert thatend insert will be benefited are set forth on
2a map on file with the secretary of the agency which map shall
3govern for all details as to the extent of the improvement district,
4and thatbegin delete saidend deletebegin insert theend insert portion of the agency set forth onbegin delete saidend deletebegin insert theend insert map
5shall thereupon constitute and be known as “Improvement District
6No. ... ofbegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency,”
7and the determinations made inbegin delete saidend deletebegin insert theend insert resolution shall be final
8and conclusive. After the formation ofbegin delete suchend deletebegin insert anend insert improvement district
9within thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency
10pursuant to this section, all proceedings for the purpose of a bond
11election shall be limited, and shall apply only to the improvement
12district, and taxes for the payment ofbegin delete saidend deletebegin insert theend insert bonds and the interest
13thereon shall be levied exclusively upon the taxable property in
14the improvement district.

begin delete

15After

end delete

16begin insert(e)end insertbegin insertend insertbegin insertAfter end insertthe board has made its determination of the matters
17required to be determined bybegin delete saidend deletebegin insert theend insert last mentioned resolution,
18and if the board deems it necessary to incur the bonded
19indebtedness, the board shall by a further resolution call a special
20election inbegin delete saidend deletebegin insert theend insert improvement district for the purpose of
21submitting to the qualified voters thereof the proposition of
22incurring indebtedness by the issuance of bonds of the agency for
23begin delete saidend deletebegin insert theend insert improvement district.begin delete Saidend deletebegin insert Theend insert resolution shallbegin delete state: (a)
24thatend delete
begin insert state all of the following:end insert

25begin insert(1)end insertbegin insertend insertbegin insertThat end insertthe board deems it necessary to incur the bonded
26begin delete indebtedness ; (b) theend deletebegin insert indebtedness.end insert

27begin insert(2)end insertbegin insertend insertbegin insertThe end insertpurpose for which the bonded indebtedness will be
28begin delete incurred ; (c) theend deletebegin insert incurred.end insert

29begin insert(3)end insertbegin insertend insertbegin insertThe end insertamount of debt to bebegin delete incurred ; (d) theend deletebegin insert incurred.end insert

30begin insert(4)end insertbegin insertend insertbegin insertThe end insertimprovement district to be benefited bybegin delete saidend deletebegin insert theend insert
31 indebtedness, as set forth in the resolution making determinations,
32and that a map showing the exterior boundaries ofbegin delete saidend deletebegin insert theend insert
33 improvement district is on file with the secretary of the agency,
34which map shall govern for all details as to the extent of the
35improvementbegin delete district; (e) thatend deletebegin insert district.end insert

36begin insert(5)end insertbegin insertend insertbegin insertThat end inserttaxes for the payment ofbegin delete suchend deletebegin insert theend insert bonds and the interest
37thereon shall be levied exclusively upon the taxable property in
38begin delete saidend deletebegin insert theend insert improvementbegin delete district; (f) theend deletebegin insert district.end insert

39begin insert(6)end insertbegin insertend insertbegin insertThe end insertmaximum term the bonds proposed to be issued shall
40run before maturity, which shall not exceed 40begin delete years ; (g) theend deletebegin insert years.end insert

P33   1begin insert(7)end insertbegin insertend insertbegin insertThe end insertmaximum rate of interest to be paid, which shall not
2exceedbegin delete 7 percent per annum,end deletebegin insert the rate permitted by Article 7
3(commencing with Section 53530) of Chapter 3 of Part 1 of
4Division 2 of Title 5 of the Government Code,end insert
payable
5semiannually, except that interest for the first year may be payable
6at the end of thebegin delete said year; (h) theend deletebegin insert year or payable on a fixed or
7variable basis, on dates specified in the resolution.end insert

8begin insert(8)end insertbegin insertend insertbegin insertThe end insertmeasure to be submitted to thebegin delete voters; (i) theend deletebegin insert voters.end insert

9begin insert(9)end insertbegin insertend insertbegin insertThe end insertdate upon which an election shall be held for the purpose
10of authorizingbegin delete saidend deletebegin insert theend insert bonded indebtedness to bebegin delete incurred; and
11(j) the designation of precincts, the location of polling places, and
12the names of the officers selected to conduct the election, who
13shall consist of one judge, one inspector and two clerks in each
14precinctend delete
begin insert incurredend insert.

begin delete

15The

end delete

16begin insert(f)end insertbegin insertend insertbegin insertThe end insertboard of directors shall provide for holdingbegin delete suchend deletebegin insert theend insert
17 special election on the day so fixed and in accordance with the
18provisions of the Elections Codebegin delete so far as the same shall beend deletebegin insert, asend insert
19 applicable, except as herein otherwise provided. Notice of the
20holding ofbegin delete suchend deletebegin insert theend insert election shall be given by publishing pursuant
21to Section 6066 of the Government Code the resolution calling the
22election prior to the date of the proposed election in at least one
23newspaper printed and published in the agency, if there is a
24newspaper printed and published inbegin delete suchend deletebegin insert theend insert agency.begin delete Suchend deletebegin insert Theend insert
25 resolution shall also be posted in three public places inbegin delete suchend deletebegin insert theend insert
26 improvement district not less than two weeks prior to the date of
27the proposed election. No other notice ofbegin delete suchend deletebegin insert theend insert election need
28be given.

begin delete

29The

end delete

30begin insert(g)end insertbegin insertend insertbegin insertThe end insertreturns ofbegin delete suchend deletebegin insert theend insert election shall be made, the votes
31begin delete canvassed by said board of directors within seven days following
32said election,end delete
begin insert canvassed,end insert and the results thereof ascertained and
33declared in accordance with the provisions of the Elections Code
34so far as they may bebegin delete applicable, except as in this act otherwise
35providedend delete
begin insert applicableend insert. The secretary of the board of directors, as
36soon as the result is declared, shall enter in the records ofbegin delete suchend deletebegin insert theend insert
37 board a statement ofbegin delete suchend deletebegin insert theend insert results. No irregularities or
38informalities in conductingbegin delete suchend deletebegin insert theend insert election shall invalidatebegin delete the
39sameend delete
begin insert itend insert, if the election shall have otherwise been fairly conducted.

begin delete

40Any

end delete

P34   1begin insert(h)end insertbegin insertend insertbegin insertAny end insertaction orbegin delete proceeding, whereinend deletebegin insert proceeding contesting,
2questioning, or denyingend insert
the validity of the formation of the
3improvement districtbegin delete orend deletebegin insert,end insert ofbegin delete any suchend deletebegin insert theend insert bondsbegin insert,end insert or of the
4proceedings in relationbegin delete thereto is contested, questioned or denied,end delete
5begin insert to the bondsend insert shall be commenced withinbegin delete three monthsend deletebegin insert 30 daysend insert
6 from the date of suchbegin delete election; otherwise, saidend deletebegin insert election, or theend insert
7 bonds and all proceedings in relationbegin delete theretoend deletebegin insert to the bondsend insert, including
8the formation of the improvement district, shall be held to be valid
9and in every respect legal and incontestable.

10begin insert

begin insertSEC. 36.end insert  

end insert

begin insertSection 30 of the end insertbegin insertBighorn-Desert View Water Agency
11Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
12renumbered to read:end insert

13

begin deleteSec. 30.end delete
14begin insertSec. 23.end insert  

begin insert(a)end insertbegin insertend insertAny portion of thebegin delete Bighorn Mountainsend delete
15begin insert Bighorn-Desert Viewend insert Water Agencybegin insert,end insert whether contiguous or not
16to an improvement district thereofbegin insert,end insert may be annexed tobegin delete saidend deletebegin insert theend insert
17 improvement district in the following manner. A petition, which
18may consist of any number of separate instruments, shall be filed
19with the secretary of the agency, signed by holders of title tobegin delete sixty
20percent (60%)end delete
begin insert 60 percentend insert or more of the land in the portion
21 proposed to be annexed, which land as so represented inbegin delete saidend deletebegin insert theend insert
22 petition shall have an assessed valuation of not less thanbegin delete fifty
23percent (50%)end delete
begin insert 50 percentend insert of the land so proposed to be annexed.
24The petition shall containbegin insert all ofend insert the following:begin delete (a) aend delete

25begin insert(1)end insertbegin insertend insertbegin insertA end insertdescription of the area proposed to be annexed, which
26may be made by reference to a map on file with the secretary of
27the agency, which map shall govern for all details as to the extent
28of the area proposed to be annexed, or in any other definitebegin delete manner;
29(b) theend delete
begin insert manner.end insert

30begin insert(2)end insertbegin insertend insertbegin insertThe end insertterms and conditions upon whichbegin delete saidend deletebegin insert theend insert proposed area
31may be annexed as theretofore determined by resolution adopted
32by the board of directors of thebegin delete agency; and (c) a prayer thatend delete
33begin insert agency.end insert

34begin insert(3)end insertbegin insertend insertbegin insertA request that end insertthe board of directors declarebegin delete suchend deletebegin insert theend insert area
35to be annexed to the improvement district.begin delete Saidend delete

36begin insert(b)end insertbegin insertend insertbegin insertThe end insertpetition shall be accompanied by a certified check
37payable to the order of the agency in sufficient sum to reimburse
38begin delete saidend deletebegin insert theend insert agency for expenses of processing and publishing the
39petition and preparing and making the filings required by law.

begin delete

40Within

end delete

P35   1begin insert(c)end insertbegin insertend insertbegin insertWithin end insert10 days of the date of the filing ofbegin delete such petitionend deletebegin insert the
2petition,end insert
the secretary of the agency shall examinebegin delete the sameend deletebegin insert itend insert and
3ascertain whether or notbegin delete suchend deletebegin insert theend insert petition is signed by the required
4number of property owners; and, if requested by the secretary of
5the agency, the board of directors shall authorizebegin delete himend deletebegin insert the general
6managerend insert
to employ persons especially for that purpose, in addition
7to the persons regularly employed in hisbegin insert or herend insert office, and shall
8provide for their compensation. When thebegin delete secretary of the agencyend delete
9begin insert general managerend insert has completed hisbegin insert or herend insert examination of the
10petition, hebegin insert or sheend insert shall attach tobegin delete the same hisend deletebegin insert it his or herend insert
11 certificate, properly dated, showing the result ofbegin delete suchend deletebegin insert theend insert
12 examination; and if frombegin delete suchend deletebegin insert theend insert examinationbegin delete he shall find that
13saidend delete
begin insert he or she finds theend insert petition is signed by the requisite number
14of property owners, or is not so signed, hebegin insert or sheend insert shall certify that
15thebegin delete sameend deletebegin insert petitionend insert is sufficient, or insufficient, as the case may be.

begin delete

16If

end delete

17begin insert(d)end insertbegin insertend insertbegin insertIf end insertby the certificate of thebegin delete secretary of the agencyend deletebegin insert general
18manager,end insert
the petition is found to be insufficient,begin delete saidend deletebegin insert theend insert petition
19may be amended by filing a supplemental petition or petitions
20within 10 days of the date ofbegin delete suchend deletebegin insert theend insert certificate. Thebegin delete secretary of
21the agencyend delete
begin insert general managerend insert shallbegin insert,end insert within 10 days after the filing
22ofbegin delete suchend deletebegin insert theend insert supplemental petition or petitions,begin delete make like
23examination of the sameend delete
begin insert examine themend insert and certify to the result of
24begin delete suchend deletebegin insert theend insert examination as hereinbefore provided.

begin delete

25If

end delete

26begin insert(e)end insertbegin insertend insertbegin insertIf end insertby the certificate of thebegin delete secretary suchend deletebegin insert general managerend insertbegin insert,
27theend insert
petitionbegin insert,end insert or petition as amended, is shown to be sufficientbegin insert,end insert the
28secretary shall cause notice of hearing on the petition to be
29published and postedbegin delete without delayend delete.

begin delete

30The

end delete

31begin insert(f)end insertbegin insertend insertbegin insertThe end inserttext ofbegin delete saidend deletebegin insert theend insert petition shall be published pursuant to
32Section 6066 of the Government Code prior to the time at which
33begin delete the sameend deletebegin insert itend insert is to be presented to the board of directors of the agency
34in at least one newspaper printed and published in thebegin delete Bighorn
35Mountainsend delete
begin insert Bighorn-Desert Viewend insert Water Agency, if there is a
36newspaper printed and published inbegin delete such agency;end deletebegin insert the agency,end insert
37 together with a notice stating the time and place of the meeting at
38whichbegin delete the sameend deletebegin insert the petitionend insert will be presented. When contained
39upon one or more instrumentsbegin insert, onlyend insert one copybegin delete onlyend delete ofbegin delete suchend deletebegin insert theend insert
40 petition need be published. No more than five of the names attached
P36   1tobegin delete saidend deletebegin insert theend insert petition need appear inbegin delete saidend deletebegin insert theend insert publication ofbegin delete saidend deletebegin insert theend insert
2 petition and notice, but the number of signers shall be stated.begin delete Saidend delete
3begin insert Theend insert notice and petition shall also be posted in three public places
4in the improvement district and three public places in the area
5proposed to be annexed, at least two weeks prior to the hearing.

begin delete

6The

end delete

7begin insert(g)end insertbegin insertend insertbegin insertThe end insertboard of directors of the agency shall proceed to hear
8the petition at the time and place fixed therefor and any person
9residing within the agency or improvement district or owning
10taxable property inbegin delete saidend deletebegin insert theend insert agency or improvement district shall
11be entitled to appear and be heard atbegin delete suchend deletebegin insert theend insert hearing.begin delete Suchend deletebegin insert Theend insert
12 hearing may be continued from time to time by the board of
13directors of the agency. At the conclusion of the hearing, and if
14the board of directors finds and determines from the evidence
15presented atbegin delete saidend deletebegin insert theend insert hearing that the area proposed to be annexed
16to an improvement district will be benefited thereby, and that the
17improvement district to whichbegin delete said areaend deletebegin insert the area isend insert proposed to be
18 annexed will also be benefited thereby and will not be injured
19thereby,begin delete then and in such caseend delete the board of directors of the agency
20may, by resolution, approvebegin delete suchend deletebegin insert theend insert annexation, describing the
21territory so annexed, which may be by reference to a map on file
22with the secretary of the agencybegin insert, whichend insert shall govern for all details
23as to the extent of the annexed area, or in any other definite manner,
24and the terms and conditions of annexation as theretofore
25determined by resolution of the board of directors.

begin delete

26From

end delete

27begin insert(h)end insertbegin insertend insertbegin insertFrom end insertand after the date of the adoption ofbegin delete suchend deletebegin insert theend insert
28 resolutionbegin insert,end insert the area named therein shall be deemed added to and
29shall form a part ofbegin delete saidend deletebegin insert theend insert improvement district and the taxable
30property therein shall be subject to taxation thereafter for the
31purposes ofbegin delete saidend deletebegin insert theend insert improvement district, including the payment
32of the principal of and interest on bonds and other obligations of
33begin delete suchend deletebegin insert theend insert improvement district at the time authorized and
34outstanding at the time ofbegin delete saidend deletebegin insert theend insert annexation as ifbegin delete saidend deletebegin insert theend insert annexed
35property had always been a part ofbegin delete saidend deletebegin insert theend insert improvement district,
36and the board of directors of thebegin delete Bighorn Mountainsend delete
37begin insert Bighorn-Desert Viewend insert Water Agency shall be empowered to do all
38things necessary to enforce and make effective the terms and
39conditions of annexation fixed asbegin delete hereinaboveend delete authorizedbegin insert in this
40sectionend insert
.

begin delete

P37   1Any

end delete

2begin insert(i)end insertbegin insertend insertbegin insertAny end insertaction or proceeding wherein the validity ofbegin delete any suchend delete
3begin insert anend insert annexation is contested, questioned or denied must be
4commenced withinbegin delete three monthsend deletebegin insert 30 daysend insert after the date ofbegin delete issuance
5by the Secretary of State of his certificate; otherwise saidend delete
begin insert adoption
6of the resolution approving the annexation, or theend insert
annexation shall
7be held to be valid and in every respect legal and incontestable.

8begin insert

begin insertSEC. 37.end insert  

end insert

begin insertSection 31 of the end insertbegin insertBighorn-Desert View Water Agency
9Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
10renumbered to read:end insert

11

begin deleteSec. 31.end delete
12begin insertSec. 24.end insert  

begin insert(a)end insertbegin insertend insertIf frombegin delete suchend deletebegin insert theend insert returns it appears that more than
13two-thirds of the votes cast inbegin delete suchend deletebegin insert theend insert election held pursuant to
14the provisions of Sectionbegin delete 28end deletebegin insert 21end insert or of Sectionbegin delete 29end deletebegin insert 22end insert of thisbegin delete act,end deletebegin insert actend insert
15 were in favor of and assented to the incurring ofbegin delete suchend deletebegin insert the proposedend insert
16 indebtedness, then the board of directors may, by resolution, at
17such time or times as it deems proper, issue bonds of the agency
18for the whole or any part of the amount of the indebtedness so
19authorized, and may from time to time provide for the issuance of
20such amounts asbegin delete the necessity thereof may appearend deletebegin insert are neededend insert, until
21the full amount ofbegin delete suchend deletebegin insert theend insert bonds authorizedbegin delete shall haveend deletebegin insert hasend insert been
22issued.begin delete Said full amount of bondsend deletebegin insert Bondsend insert may be divided into two
23or more series and different datesbegin insert may beend insert fixed for each of the
24series. The maximum termbegin delete whichend deletebegin insert thatend insert the bonds of any series shall
25run before maturity shall not exceed 40 years from the date ofbegin delete each
26series respectivelyend delete
begin insert the seriesend insert.

begin delete

27The

end delete

28begin insert(b)end insertbegin insertend insertbegin insertThe end insertboard of directors shall, by resolution, prescribe the
29form of the bondsbegin delete and the form of the coupons attached theretoend delete
30 and fix the time when the whole or any part of the principal shall
31become due and payable. The payment of the first installment of
32principal may be deferred for a period of not more than five years
33from the date of the bondsbegin delete or the date of the bondsend delete of each series
34begin delete respectivelyend delete. The bonds shall bear interest at a rate or rates not to
35exceedbegin delete 7 percent per annum, payable semiannually, except that
36interest for the first year may be payable at the end of said yearend delete

37begin insert the rate permitted by Article 7 (commencing with Section 53530)
38of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
39Code, payable on a fixed or variable basis, or payable on the dates
40specified in the resolutionend insert
. The board of directors may also provide
P38   1for call and redemption of bonds prior to maturity at such times
2and prices and upon such other terms as it may specify. A bond
3shall not be subject to call or redemption prior to maturity unless
4it contains a recital to that effect or unless a statement to that effect
5is printed thereon.

begin delete

6The

end delete

7begin insert(c)end insertbegin insertend insertbegin insertThe end insertdenomination of the bonds shall be stated in the
8resolution providing for their issuance, but shall not be less than
9one hundred dollars ($100). The principal and interest shall be
10payable in lawful money of the United States at the office of the
11treasurer of the district or such other place or places as may be
12designated, or at either place or places at the option of the holder
13of the bond.

begin delete

14The

end delete

15begin insert(d)end insertbegin insertend insertbegin insertThe end insertbonds shall be dated, numbered consecutively, and be
16signed by the president and treasurer of the agency, countersigned
17by the secretary of the agency, and the official seal of the agency
18attached.begin delete The interest coupons of such bonds shall be signed by
19the treasurer of said agency.end delete
Allbegin delete suchend deletebegin insert of theseend insert signatures and
20countersignatures may be printed, lithographed, or mechanically
21reproduced, except that one ofbegin delete saidend deletebegin insert theseend insert signatures or
22countersignaturesbegin delete to said bondsend delete shall be manually affixed.

begin delete

23If

end delete

24begin insert(e)end insertbegin insertend insertbegin insertIf end insertthe bond election proceedings have been limited to and
25have applied only to an improvement district withinbegin delete saidend deletebegin insert theend insert
26 agency,begin delete saidend deletebegin insert theend insert bonds are bonds of the agency and shall be issued
27in the name of the agency and shall be designated “Bonds of the
28begin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency for
29Improvement District No. ___” and each bondbegin delete and all interest
30coupons thereofend delete
shall state that taxes levied for the payment thereof
31shall be levied exclusively upon the taxable property inbegin delete saidend deletebegin insert thatend insert
32 improvement district.

begin delete

33Before

end delete

34begin insert(f)end insertbegin insertend insertbegin insertBefore end insertselling the bonds, or any part thereof, the board of
35directors shall give notice inviting sealed bids in such manner as
36it may prescribe. If satisfactory bids are received, the bonds offered
37for sale shall be awarded to the highest responsible bidder. If no
38bids are received, or ifbegin delete saidend deletebegin insert theend insert board determines that the bids
39received are not satisfactory as to price or responsibility of the
40bidders, it may reject all bids received, if any, and either readvertise
P39   1orbegin delete sell the bonds at private saleend deletebegin insert negotiate the sale of the bonds.
2The board of directors may determine by a two-thirds vote of the
3total vote of the board that the interest of the district and the public
4interest or necessity require that the bonds may be sold at private
5sale upon those terms and conditions as the board may deem
6necessary, convenient, or desirable. In addition to interest paid
7on a bond or evidence of indebtedness of the district, the board,
8in its discretion, may sell the bonds or evidence of indebtedness
9at less than its par or face value, but not at less than 94 percent
10of the par or face value thereofend insert
.

11(g) The proceeds arising from the sale of bonds shall be paid
12into the treasury of the agency and placed to the credit of a special
13improvement fund and expended only for the purpose for which
14the indebtedness was created; provided, however, that whenbegin delete saidend delete
15begin insert thatend insert purpose has been accomplished any moneys remaining inbegin delete saidend delete
16begin insert theend insert special improvement fund may be transferred to thebegin insert water
17operatingend insert
fund to be used for the payment of principal of and
18interest on the bonds.begin delete Said remainingend deletebegin insert Theend insert moneys remaining from
19the sale of bonds of the agency may also be used for some other
20agency purpose.begin delete Such moneysend deletebegin insert Moneysend insert remaining from the sale of
21bonds of the agency for an improvement district therein may also
22be used for any purposebegin delete whichend deletebegin insert thatend insert will benefit the property in the
23improvement district.begin delete Said moneys may not be used for said other
24agency purpose or improvement district purpose until two-thirds
25of the qualified voters of said agency or improvement district have
26consented thereto at a special election called in said agency or
27improvement district by the board of directors. Notice of said
28election shall be given in the manner provided for bond elections
29in said agency or improvement district, as the case may be, and in
30other respects the election shall be conducted as are other agency
31elections.end delete

begin insert

32(h) The bonds of the district shall be legal investment for all
33trust funds and for the funds of all insurance companies, banks,
34both commercial and savings, and trust companies, for state school
35funds, and, whenever any moneys or funds may by law now or
36hereafter enacted be invested in bonds of a city, county, or city
37and county, school districts, and municipalities in the state, the
38moneys or funds may be invested in bonds of the district, issued
39in accordance with the provisions of this act. Whenever bonds of
40a city, county, city and county, school district, or municipality may
P40   1by law be used as security for the performance of any act, the
2bonds of the district may be so used.

end insert
3begin insert

begin insertSEC. 38.end insert  

end insert

begin insertSection 32 of the end insertbegin insertBighorn-Desert View Water Agency
4Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:end insert

6

begin deleteSec. 32.end delete
7begin insertSec. 25.end insert  

Any bonds issued by thebegin delete Bighorn Mountainsend delete
8begin insert Bighorn-Desert Viewend insert Water Agency are hereby given the same
9 force, value and use as bonds issued by any city and shall be
10exempt from all taxation within the State of California.

11begin insert

begin insertSEC. 39.end insert  

end insert

begin insertSection 33 of the end insertbegin insertBighorn-Desert View Water Agency
12Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
13renumbered to read:end insert

14

begin deleteSec. 33.end delete
15begin insertSec. 26.end insert  

begin insert(a)end insertbegin insertend insertWhenever the board of directors deems it necessary
16to form an improvement district of a portion of the agency for a
17purpose other than the incurring of bonded indebtedness under
18Sectionbegin delete 29end deletebegin insert 22end insert of this act it shall by resolution so declare andbegin delete state:
19(a) theend delete
begin insert state all of the following:end insert

20begin insert(1)end insertbegin insertend insertbegin insertThe end insertpurpose for which the proposed improvement district
21is to bebegin delete formed, (b) theend deletebegin insert formed.end insert

22begin insert(2)end insertbegin insertend insertbegin insertThe end insertestimated expense of carrying outbegin delete said purpose , (c) thatend delete
23begin insert the purpose.end insert

24begin insert(3)end insertbegin insertend insertbegin insertThat end insertthe board intends to form an improvement district of
25a portion of the agencybegin delete whichend deletebegin insert thatend insert in the opinion of the board will
26be benefited, the exterior boundaries of which portion are set forth
27on a map on file with the secretary of the agency, which map shall
28govern for all details as to the extent of the proposed improvement
29begin delete district , (d) thatend deletebegin insert district.end insert

30begin insert(4)end insertbegin insertend insertbegin insertThat end inserttaxes for carrying outbegin delete saidend deletebegin insert theend insert purpose shall be levied
31exclusively upon the taxable property inbegin delete saidend deletebegin insert theend insert proposed
32improvementbegin delete district , (e) thatend deletebegin insert district.end insert

33begin insert(5)end insertbegin insertend insertbegin insertThat end inserta map showing the exterior boundaries ofbegin delete saidend deletebegin insert theend insert
34 proposed improvement district, with relation to the territory
35immediately contiguous thereto, is on file with the secretary of the
36agency and is available for inspection by any person or persons
37begin delete interested , (f) theend deletebegin insert interested.end insert

38begin insert(6)end insertbegin insertend insertbegin insertThe end inserttime and place for a hearing by the board on the
39questions of the formation ofbegin delete saidend deletebegin insert theend insert proposed improvement
40district, the extent thereof, the purpose for which it is to be formed,
P41   1and the estimated expense of carrying outbegin delete said purpose and (g)
2thatend delete
begin insert the purpose.end insert

3begin insert(7)end insertbegin insertend insertbegin insertThat end insertatbegin delete saidend deletebegin insert theend insert time and placebegin insert specified,end insert any person
4interested, including all persons owning property in the agency or
5in the proposed improvement districtbegin insert,end insert will bebegin delete heard. Noticeend deletebegin insert heard.end insert

6begin insert(b)end insertbegin insertend insertbegin insertNotice end insertofbegin delete saidend deletebegin insert theend insert hearing shall be given by publishing a
7copy of the resolution pursuant to Section 6066 of the Government
8Code prior to the time fixed for the hearing in a newspaper
9circulated in thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water
10Agency, if there is a newspaper circulated therein.begin delete Saidend deletebegin insert Thisend insert notice
11shall also be given by posting a copy ofbegin delete saidend deletebegin insert theend insert resolution in three
12public places within the proposed improvement district for at least
13two weeks before the time fixed forbegin delete saidend deletebegin insert theend insert hearing.

begin delete

14At

end delete

15begin insert(c)end insertbegin insertend insertbegin insertAt end insertthe time and placebegin delete so fixedend deletebegin insert of the hearingend insert, or at any time
16or place to which the hearing is adjourned, the board shall proceed
17with the hearingbegin insert,end insert at whichbegin delete hearingend delete any person interested, including
18all persons owning property in the agency, or in the proposed
19improvement district, may appear and present any matters material
20to the questions set forth in the resolution. At the conclusion of
21the hearing the board shallbegin insert,end insert by resolutionbegin insert,end insert determine whether it is
22necessary to formbegin delete saidend deletebegin insert the proposedend insert improvement district, and, if
23so, the resolution shall also state the purpose for which the
24proposed improvement district is to be formed,begin insert theend insert estimated
25expense of carrying outbegin delete saidend deletebegin insert theend insert purpose, that the exterior
26boundaries of the portion of the agencybegin delete whichend deletebegin insert thatend insert will be benefited
27are set forth on a map on file with the secretary of the agency,
28which map shall govern for all details as to the extent of the
29improvement district, and thatbegin delete saidend deletebegin insert theend insert portion of the agency set
30forth onbegin delete said map,end deletebegin insert the mapend insert shall thereupon constitute and be known
31as “Improvement District (A, B, C, or other letter designation) of
32thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency,” and
33the determinations made inbegin delete saidend deletebegin insert theend insert resolution shall be final and
34conclusive. After the formation ofbegin delete suchend deletebegin insert theend insert improvement district
35within thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency
36pursuant to this section all taxes levied for thebegin delete carrying out of saidend delete
37 purposebegin insert for which the improvement district is formedend insert shall be
38levied exclusively upon the taxable property in the improvement
39district.

begin delete

40A

end delete

P42   1begin insert(d)end insertbegin insertend insertbegin insertA end insertcopy of the resolution forming the improvement district
2shall be published pursuant to Section 6066 of the Government
3Code in a newspaper printed and published in the agency, if there
4is a newspaper printed and published in the agency, and a copy of
5begin delete saidend deletebegin insert theend insert resolution shall also be posted in three public places within
6the proposed improvement district for at least two weeks.begin delete Saidend deletebegin insert Theend insert
7 resolution shall not be effective until the 31st day after completion
8ofbegin delete said publication and/orend deletebegin insert thisend insert postingbegin insert, and, if applicable,
9publicationend insert
. Ifbegin insert,end insert beforebegin delete said effectiveend deletebegin insert thisend insert datebegin insert,end insert a petition signed by
10not less than 10 percent of the voters of the improvement district
11requesting that an election be held on the formation thereof is
12presented to the board of directors,begin delete saidend deletebegin insert theend insert board shall call a
13special election in the improvement district for the purpose of
14submitting the question of the formation of the improvement
15district to the voters ofbegin delete saidend deletebegin insert the proposedend insert improvement district.

begin delete

16The

end delete

17begin insert(e)end insertbegin insertend insertbegin insertThe end insertboard of directors shallbegin delete provide for holding suchend deletebegin insert fix a
18date for thisend insert
special electionbegin delete on the day so fixed andend delete in accordance
19withbegin delete theend deletebegin insert applicableend insert provisions of the Elections Codebegin delete so far as the
20same shall be applicableend delete
, except as herein otherwise provided.
21Notice of the holding ofbegin delete suchend deletebegin insert theend insert election shall be given by
22publishing the resolution calling the election pursuant to Section
236066 of the Government Code prior to the date of the proposed
24begin delete election,end deletebegin insert electionend insert in at least one newspaper printed and published
25in thebegin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water Agency, if
26there is a newspaper printed and published inbegin delete suchend deletebegin insert theend insert agency.
27begin delete Suchend deletebegin insert Theend insert resolution shall also be posted in three public places in
28begin delete suchend deletebegin insert theend insert improvement district not less than two weeks prior to the
29date of the proposed election. No other notice ofbegin delete suchend deletebegin insert theend insert election
30need be given.

begin delete

31The

end delete

32begin insert(f)end insertbegin insertend insertbegin insertThe end insertreturns ofbegin delete suchend deletebegin insert theend insert election shall be made, the votes
33begin delete canvassed by said board of directors within seven days following
34said election,end delete
begin insert canvassed,end insert and the results thereof ascertained and
35declared in accordance with thebegin insert applicableend insert provisions of the
36Elections Codebegin delete so far as they may be applicableend delete, except as in this
37act otherwise provided. The secretary of the board of directors, as
38soon as the result is declared, shall enter in the records ofbegin delete suchend deletebegin insert theend insert
39 board a statement ofbegin delete suchend deletebegin insert theend insert results. No irregularities or
40informalities in conductingbegin delete suchend deletebegin insert theend insert election shall invalidatebegin delete the
P43   1sameend delete
begin insert itend insert, if thebegin delete electionsend deletebegin insert electionend insert shall have otherwise been fairly
2conducted.

begin delete

3If

end delete

4begin insert(g)end insertbegin insertend insertbegin insertIf end insertfrombegin delete suchend deletebegin insert theend insert returns it appears that a majority of the votes
5cast atbegin delete suchend deletebegin insert theend insert election were in favor of the formation ofbegin delete suchend deletebegin insert theend insert
6 improvement district, the formation ofbegin delete suchend deletebegin insert theend insert improvement
7district shall be complete.

begin delete

8Any

end delete

9begin insert(h)end insertbegin insertend insertbegin insertAny end insertaction or proceedingbegin delete whereinend deletebegin insert questioning, contesting,
10or denyingend insert
the validity of the formation of the improvement districtbegin insert,end insert
11 or of any of the proceedings in relationbegin delete thereto is contested,
12questioned or deniedend delete
begin insert to that formationend insert, shall be commenced within
13begin delete three monthsend deletebegin insert 30 daysend insert from the effective date of the resolution
14formingbegin delete suchend deletebegin insert theend insert district, orbegin insert,end insert if an election is held, withinbegin delete three
15monthsend delete
begin insert 30 daysend insert from the date ofbegin delete suchend deletebegin insert theend insert election,begin delete otherwiseend deletebegin insert orend insert
16 the formation of the improvement districtbegin insert,end insert and all proceedings in
17relation thereto, shall be held to be valid and in every respect legal
18and incontestable.

19begin insert

begin insertSEC. 40.end insert  

end insert

begin insertSection 34 of the end insertbegin insertBighorn-Desert View Water Agency
20Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
21renumbered to read:end insert

22

begin deleteSec. 34.end delete
23begin insertSec. 27.end insert  

The board of directors may advance general funds of
24the agency to accomplish the purposes of an improvement district
25begin delete formed in accordance with Sections 29 or 33 and, if the
26improvement district is formed under Section 29, mayend delete
begin insert and the
27district mayend insert
repay the agency from the proceeds of the sale of
28bonds authorized forbegin delete such purposeend deletebegin insert those purposesend insert, orbegin delete if the
29improvement district is formed under Section 33 may, in the
30formation of such improvement district, provide that the agency
31shall be repaid with interest at not to exceed 7 percentend delete
from the
32special taxes levied exclusively upon the taxable property inbegin delete saidend delete
33begin insert theend insert improvement districtbegin insert, at the rate of interest authorized by
34Article 7 (commencing with Section 53530) of Chapter 3 of Part
351 of Division 2 of Title 5 of the Government Codeend insert
.

36begin insert

begin insertSEC. 41.end insert  

end insert

begin insertSection 35 of the end insertbegin insertBighorn-Desert View Water Agency
37Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
38renumbered to read:end insert

P44   1

begin deleteSec. 35.end delete
2begin insertSec. 28.end insert  

Interest on any bonds issued by the agency coming
3due before the proceeds of a tax levied at the nextbegin delete generalend delete tax levy
4after the sale ofbegin delete saidend deletebegin insert theend insert bonds are available, and interest on any
5bonds issued by the agency coming due before the expiration of
6one year following completion of the acquisition and construction
7of the works and improvements for which the bonds were issued
8may be paid from the proceeds of the sale ofbegin delete suchend deletebegin insert thoseend insert bonds.

9begin insert

begin insertSEC. 42.end insert  

end insert

begin insertSection 36 of the end insertbegin insertBighorn-Desert View Water Agency
10Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
11

Sec. 36.  

Land not a part of the agency whether or not
12contiguous to it or to other portions added to the agency, and
13consisting of any portion of the county wherein the agency was
14formed or of any municipality therein, or of land in any county
15contiguous to the county wherein the agency was formed or of any
16municipality therein, may be included within the agency.

end delete
17begin insert

begin insertSEC. 43.end insert  

end insert

begin insertSection 40 of the end insertbegin insertBighorn-Desert View Water Agency
18Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
19

Sec. 40.  

Ordinances may be passed by the voters of the Bighorn
20Mountains Water Agency organized under the provisions of this
21act in accordance with the methods provided by the Elections Code
22for direct legislation in cities.

end delete
23begin insert

begin insertSEC. 44.end insert  

end insert

begin insertSection 41 of the end insertbegin insertBighorn-Desert View Water Agency
24Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
25

Sec. 41.  

Ordinances may be disapproved and thereby vetoed
26by the voters of this agency by proceeding in accordance with the
27methods provided by the Elections Code for protesting against
28legislation in cities.

end delete
29begin insert

begin insertSEC. 45.end insert  

end insert

begin insertSection 42 of the end insertbegin insertBighorn-Desert View Water Agency
30Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
31renumbered to read:end insert

begin delete
32

Sec. 42.  

It is the intention that the Bighorn Mountains Water

end delete
33begin insert

begin insertSec. 29.end insert  

end insert

begin insertThe Bighorn-Desert View Water end insertAgency shall not be
34begin delete disincorporatedend deletebegin insert dissolvedend insert until allbegin delete bondedend delete indebtedness shall have
35been fully paid.

begin insert36

begin insertSEC. 46.end insert  

Section 30 is added to the Bighorn-Desert View Water
37Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

38

begin insertSec. 30.end insert  

(a) The Bighorn-Desert View Water Agency shall
39separately account for and use funds derived from the operation
40of the Desert View Water District and the Bighorn Mountains
P45   1Water Agency for the purpose of bond debt service for each of the
2former systems.

3(b) Nothing in this part shall be construed to impair any contract
4entered into prior to January 1, 2014.

end insert
5begin insert

begin insertSEC. 47.end insert  

end insert

begin insertSection 45 of the end insertbegin insertBighorn-Desert View Water Agency
6Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
7

Sec. 45.  

Nothing in this act shall be so construed as repealing
8or in anywise modifying the provisions of any other act relating
9to water or the supply of water to, or the acquisition thereof, by
10cities within this state. The term “city,” as used in this act, shall
11mean and include any city or incorporated town, whether organized
12or functioning under a freeholders’ charter or under the provisions
13of general laws. The word “agency” shall apply, unless otherwise
14expressed or used, to the Bighorn Mountains Water Agency formed
15under the provisions of this act, and the word “board” and the
16words “board of directors” shall apply to the board of directors of
17such agency. The term “indebtedness” shall mean all indebtedness
18other than bonded indebtedness unless the latter is expressly used.
19The meaning of the term “voter,” as used in this act, shall be
20ascertained by reference to Section 21 of the Elections Code.

end delete
21begin insert

begin insertSEC. 48.end insert  

end insert

begin insertSection 46 of the end insertbegin insertBighorn-Desert View Water Agency
22Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
23

Sec. 46.  

If there shall be a registrar of voters, other than the
24county clerk, in the principal county in which the Bighorn
25Mountains Water Agency is hereby incorporated, or incorporated,
26under the provisions of this act, is situated, the duties required by
27this act to be performed by the county clerk respecting the
28nomination of candidates for offices of such water agency and the
29holding of elections in such agency, shall be performed by such
30registrar of voters.

end delete
31begin insert

begin insertSEC. 49.end insert  

end insert

begin insertSection 48 of the end insertbegin insertBighorn-Desert View Water Agency
32Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
33renumbered to read:end insert

34

begin deleteSec. 48.end delete
35begin insertSec. 35.end insert  

If any section, subsection, sentence, clause, or phrase
36of this act or the application thereof to any person or circumstance
37is for any reason held invalidbegin insert,end insert the validity of the remainder of the
38act or the application ofbegin delete suchend deletebegin insert theend insert provision to other persons or
39circumstances shall not be affectedbegin delete therebyend delete. The Legislature hereby
40declares that it would have passed this act and each section,
P46   1subsection, sentence, clause, and phrase thereof irrespective of the
2fact that one or more sections, subsections, sentences, clauses, or
3phrases or the application thereof to any person or circumstances
4begin insert mayend insert be held invalid.

5begin insert

begin insertSEC. 50.end insert  

end insert

begin insertSection 49 of the end insertbegin insertBighorn-Desert View Water Agency
6Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is repealed.end insert

begin delete
7

Sec. 49.  

The inclusion in, or annexation or addition to this
8agency, of the corporate area of any public corporation or public
9agency shall not destroy the identity or legal existence or impair
10the powers of any such public corporation or public agency,
11notwithstanding the identity of purpose, or substantial identity of
12purpose of this agency. No public corporation or public agency
13having identity of purpose or substantial identity of purpose shall
14be formed partly or entirely within this agency, whether by
15incorporation or annexation, without the consent of the board of
16directors of this agency.

end delete
17begin insert

begin insertSEC. 51.end insert  

end insert

begin insertSection 50 of the end insertbegin insertBighorn-Desert View Water Agency
18Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
193 of Chapter 950 of the Statutes of 1985, is amended and
20renumbered to read:end insert

begin delete
21

Sec. 50.  

The agency,

21

Sec. 50.  

end delete
22begin insert

begin insertSec. 18end insert  

end insert

begin insertThe board of directors, end insertby ordinancebegin insert or resolutionend insert,
23may fixbegin insert and imposeend insert, on or before the first day of July in any
24calendar year, a water standby or availability chargebegin insert on landsend insert
25 within the agency or in any improvement district thereof to which
26water is made available by the agency through underground or by
27surface facilities, whether the water is actually used or not. The
28standby charge shall not exceed ten dollars ($10) per acre per year
29for each acre of land within the agency or any improvement district
30thereof or ten dollars ($10) per year for any parcel of less than one
31acre.begin delete The ordinance fixing aend deletebegin insert Alternatively, the board of directors
32may fix a water standby charge in accordance with the provisions
33of the Uniform Standby Charge Procedures Act (Chapter 12.4
34(commencing with Section 54984) of Part 1 of Division 2 of Title
355 of the Government Code). Aend insert
standby charge shall be adopted by
36the board onlybegin delete after adoption of a resolution setting forth the
37particular schedule or schedules of charges proposed to be
38established by ordinance and after two works’ notice and a public
39hearing. Notice to all landowners whose property may be made
40subject to a water standby or availability charge shall be by
P47   1publication pursuant to Section 6061 of the Government Code and
2by first-class mail addressed to each person or entity to whom land
3is assessed, as shown on the last equalized roll of the county, at
4the address shown on the assessment rollend delete
begin insert in compliance with the
5applicable provisions of the California Constitution and state lawend insert
.
6Thebegin delete ordinance fixing a standby chargeend deletebegin insert board of directorsend insert may
7establish schedules varying the charges according to land uses,
8water uses, and degree of water availability.begin delete On or before the third
9Monday in August, the board shall furnish in writing to the board
10of supervisors and the county auditor of each affected county a
11description of each parcel of land within the agency upon which
12a charge is to be levied and collected for the current fiscal year,
13together with the amount of standby charge fixed by the district
14on each parcel of land. The board shall direct that, at the time and
15in the manner required by law for the levying of taxes for county
16purposes, the board of supervisors shall levy, in addition to any
17other tax it levies, a standby charge in the amounts for the
18respective parcels fixed by the board. All county officers charged
19with the duty of collecting taxes shall collect agency standby
20charges with the regular tax payments to the county.end delete
begin insert The board of
21directors shall certify to the county board of supervisors the charge
22or charges so fixed in accordance with the applicable procedures
23of the county.end insert
The charges shall be collected in the same form and
24manner as county taxes are collected and shall be paid to the
25agency. Charges fixed by the agency shall be a lien on all the
26propertybegin delete benefited therebyend deletebegin insert charged pursuant to this sectionend insert. Liens
27for the charges shall be of the same force and effect as other liens
28for taxes, and their collection may be enforced by the same means
29as provided for the enforcement of liens for state and county taxes.

begin delete

30Notwithstanding any other provision, the water standby or
31availability charge for Improvement District “B” of the agency
32and the charge for any improvement district of the agency formed
33after January 1, 1986, shall not exceed thirty dollars ($30) per year
34for each acre of land within the improvement district, or thirty
35dollars ($30) per year for any parcel of less than one acre within
36the improvement district.

end delete
37begin insert

begin insertSEC. 52.end insert  

end insert

begin insertSection 51 of the end insertbegin insertBighorn-Desert View Water Agency
38Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969), as amended by Section
395 of Chapter 1035 of the Statutes of 1982, is repealed.end insert

begin delete
P48   1

Sec. 51.  

The agency may issue negotiable promissory notes
2pursuant to this section, bearing interest at a rate not to exceed the
3rate specified in Article 7 (commencing with Section 53530) of
4Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
5Code, for the purpose of acquiring funds to finance the construction
6or acquisition of administrative offices, construction headquarters,
7commercial offices, or facilities for similar agency purposes and
8for the acquisition of land for agency purposes. The maturity of
9such promissory notes shall not be later than 10 years from the
10date thereof. The total aggregate amount of such notes outstanding
11at any one time may be at least equal to one hundred thousand
12dollars ($100,000), but shall not exceed the lesser of either five
13hundred thousand dollars ($500,000) or 1 percent of the assessed
14valuation of the taxable property in the agency or, if the assessed
15valuation is not obtainable, 1 percent of the county auditor’s
16estimate of the assessed valuation of the taxable property in the
17agency evidenced by his certificate. Promissory notes issued
18pursuant to subdivision 11 of Section 15 may be disregarded in
19computing the aggregate amount of notes that may be issued
20pursuant to this section.

end delete
21begin insert

begin insertSEC. 53.end insert  

end insert

begin insertSection 52 of the end insertbegin insertBighorn-Desert View Water Agency
22Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
23renumbered to read:end insert

24

begin deleteSec. 52.end delete
25begin insertSec. 31.end insert  

begin insert(a)end insertbegin insertend insertWhenever the board deems it necessary to incur
26a bonded indebtedness for the acquisition, construction, completion,
27begin insert replacement,end insert or repair of any or all improvements, works, or
28property mentioned in thisbegin delete lawend deletebegin insert actend insert and to provide forbegin delete suchend deletebegin insert thatend insert
29 bonded indebtedness to be payable from taxes levied upon an
30uninhabited portion of the agency, the board shall, by resolution,
31declare its intention to form an uninhabited improvement district
32inbegin delete suchend deletebegin insert thatend insert portion of the agency and to incurbegin delete suchend deletebegin insert theend insert
33 indebtedness.

begin delete

34For

end delete

35begin insert(b)end insertbegin insertend insertbegin insertFor end insertthe purposes of thisbegin delete lawend deletebegin insert section,end insert the portion of the
36agency formed into an uninhabited improvement district shall be
37deemed uninhabited if less than 12 voters residebegin delete thereinend deletebegin insert within the
38districtend insert
at the time of the formationbegin delete thereofend deletebegin insert of the districtend insert.

begin delete

39The

end delete

P49   1begin insert(c)end insertbegin insertend insertbegin insertThe end insertresolution of intention shall state that the boardbegin insert of
2directorsend insert
intends to form an improvement district of an uninhabited
3portion of the agency whichbegin insert,end insert in the opinion of the boardbegin insert,end insert will be
4benefited, and to incur indebtedness by the issuance of bonds of
5the agency forbegin delete suchend deletebegin insert thatend insert uninhabited improvement district.

6The resolution of intention shall also statebegin insert all of the followingend insert:

begin delete

7(a)

end delete

8begin insert(end insertbegin insert1)end insert The purpose for which the proposed debt is to be incurred.

begin delete

9(b)

end delete

10begin insert(end insertbegin insert2)end insert The amount of debt to be incurred, which may include
11expenses of all proceedings for the authorization, issuance, and
12sale of the bonds.

begin delete

13(c)

end delete

14begin insert(end insertbegin insert3)end insert That taxes for the payment of the bonds and the interest
15thereon will be levied exclusively upon the taxable property in the
16uninhabited improvement district.

begin delete

17The resolution of intention shall also state that

end delete

18begin insert(4)end insertbegin insertend insertbegin insertThat end inserta general description of the proposed improvement,
19together with a map showing the exterior boundaries of the
20proposed uninhabited improvement district with relation to the
21territory immediately contiguous thereto and to the proposed
22improvement is on file with thebegin delete secretaryend deletebegin insert agencyend insert and is available
23for inspection by any person or persons interested. This map shall
24govern for all details as to the extent of the proposed uninhabited
25improvement district.

begin delete

26The resolution of intention shall also state:

end delete
begin delete

27(a)

end delete

28begin insert(5)end insert The time and place for a hearing by the boardbegin insert of directorsend insert
29 on the questions of the formation and extent of the proposed
30uninhabited improvement district, the proposed improvement, and
31the amount of debt to be incurred.

begin delete

32(b)

end delete

33begin insert(6)end insert That at the time and place specified in the resolution any
34person interested will be heard, and that any owner of property
35within the proposed uninhabited improvement district may file
36with thebegin delete secretaryend deletebegin insert agencyend insert at any time prior to the time set for the
37hearingbegin delete thereonend delete written protest to the formation of the proposed
38uninhabited improvement district.

begin delete

39Notice

end delete

P50   1begin insert(d)end insertbegin insertend insertbegin insertNotice end insertof the hearing shall be given by publishing a copy
2of the resolution pursuant to Section 6066 of the Government Code
3prior to the time fixed for the hearing in a newspaper circulated in
4the agency, if there is a newspaper circulated in the agency.begin delete Such
5noticeend delete
begin insert Noticeend insert shall also be given by posting a copy of the resolution
6of intention in three public places within the proposed uninhabited
7improvement district for at least two weeks before the time fixed
8for the hearing.

begin delete

9A

end delete

10begin insert(e)end insertbegin insertend insertbegin insertA end insertcopy of the resolution of intention shall also be mailed,
11postage prepaid, to each person to whom land in the proposed
12uninhabited improvement district is assessed as shown on the last
13equalized county assessment roll, at hisbegin insert or herend insert address as shown
14upon the roll, and to any person, whether owner in fee or having
15a lien upon, or legal or equitable interest in, any land within the
16proposed uninhabited improvement district, whose name and
17address and a designation of the land in which hebegin insert or sheend insert is
18interested is on file with thebegin delete secretaryend deletebegin insert agencyend insert.

begin delete

19At

end delete

20begin insert(f)end insertbegin insertend insertbegin insertAt end insertthe time and place fixed in the resolution of intention, or
21at any time or place to which the hearing is adjourned, the board
22shall proceed with the hearing. At the hearing any person interested
23may appear and present any matters material to the questions set
24forth in the resolution. Also at the hearing the board shall hear and
25pass upon all written protests filed by the owners of property within
26the proposed uninhabited improvement district.

begin delete

27If

end delete

28begin insert(g)end insertbegin insertend insertbegin insertIf end insertwritten protests are filed by the owners of one-half of the
29value of the property within the proposed uninhabited improvement
30district, as shown by the last equalized assessment roll of the
31county, further proceedings shall not be taken. Ifbegin delete suchend deletebegin insert writtenend insert
32 protests are notbegin delete madeend deletebegin insert filed by the owners of one-half of the value
33of the property,end insert
the board shall by resolution determine whether
34it is necessary to incur the bonded indebtedness and if so, the
35resolution shall also statebegin insert all of the followingend insert:

begin delete

36(a)

end delete

37begin insert(end insertbegin insert1)end insert The purpose for which the proposed debt is to be incurred.

begin delete

38(b)

end delete

39begin insert(end insertbegin insert2)end insert The amount of the proposed debt.

begin delete

40(c)

end delete

P51   1begin insert(end insertbegin insert3)end insert That the exterior boundaries of the portion of the agency
2begin delete whichend deletebegin insert thatend insert will be benefited are set forth on a map on file with the
3secretary, which map shall govern for all details as to the extent
4of the uninhabited improvement district.

begin delete

5(d)

end delete

6begin insert(end insertbegin insert4)end insert Thatbegin delete suchend deletebegin insert theend insert portion of the agency set forth on the map
7shall thereupon constitute and be known as “Improvement District
8No. ...... of ......begin delete Bighorn Mountainsend deletebegin insert Bighorn-Desert Viewend insert Water
9begin delete Agency”.end deletebegin insert Agency.”end insert

begin delete

10The

end delete

11begin insert(h)end insertbegin insertend insertbegin insertThe end insertdeterminations made in the resolution of formation
12shall be final and conclusive.

begin delete

13After

end delete

14begin insert(i)end insertbegin insertend insertbegin insertAfter end insertthe formation of the uninhabited improvement district
15pursuant to this law the board may, by resolution, atbegin delete suchend deletebegin insert theend insert time
16or timesbegin delete asend deletebegin insert thatend insert it deems proper, issue bonds of thebegin delete agency,
17pursuant to Section 31 of this law,end delete
begin insert agencyend insert for the whole or any
18part of the amount of the indebtedness authorized by the resolution
19of formation. All taxes levied for the payment of the bonds and
20the interest thereon shall be levied exclusively upon the taxable
21property in the uninhabited improvement district.

begin delete

22Any

end delete

23begin insert(j)end insertbegin insertend insertbegin insertAny end insertaction or proceedingbegin delete in whichend deletebegin insert contesting, questioning,
24or denyingend insert
the validity of the formation of an uninhabited
25improvement district or of any of the proceedings in relation thereto begin delete26 is contested, questioned, or deniedend delete shall be commenced within
27begin delete three monthsend deletebegin insert 30 daysend insert from the date of the resolution forming
28begin delete district; otherwiseend deletebegin insert that district, orend insert the formation of the uninhabited
29improvement district and all proceedings in relation thereto shall
30be held to be valid and in every respect legal and incontestable.

begin delete

31The

end delete

32begin insert(k)end insertbegin insertend insertbegin insertThe end insertboard may advance general funds of the agency to
33accomplish the purposes of an improvement district formed
34pursuant to thisbegin delete lawend deletebegin insert sectionend insert.

begin delete

35The

end delete

36begin insert(l)end insertbegin insertend insertbegin insertThe end insertboard may repay the agency for any advance of funds
37from the proceeds of the sale of bonds authorized for the purposes
38of the improvement district.

P52   1begin insert

begin insertSEC. 54.end insert  

end insert

begin insertSection 53 of the end insertbegin insertBighorn-Desert View Water Agency
2Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
3renumbered to read:end insert

4

begin deleteSec. 53.end delete
5begin insertSec. 32.end insert  

begin insert(a)end insertbegin insertend insertThe board, by resolution, may initiate proceedings
6for the annexation of territorybegin insert to an improvement districtend insert within
7the agency whether contiguous or not tobegin delete anend deletebegin insert theend insert improvement
8districtbegin delete to such improvement districtend delete.

begin delete

9The

end delete

10begin insert(b)end insertbegin insertend insertbegin insertThe end insertresolution proposing annexation shallbegin insert do all of the
11followingend insert
:

begin delete

12(a)

end delete

13begin insert(end insertbegin insert1)end insert Declare that proceedings have been initiated by the board
14pursuant to this law.

begin delete

15(b)

end delete

16begin insert(end insertbegin insert2)end insert State the reason for proposing the annexation.

begin delete

17(c)

end delete

18begin insert(end insertbegin insert3)end insert Set forth a description of the area proposed to be annexed,
19which may be made by reference to a map on file with the secretary
20of the agency which map shall govern for all details as to the extent
21of the area proposed to be annexed.

begin delete

22(d)

end delete

23begin insert(end insertbegin insert4)end insert State the terms and conditions of the annexation.

begin delete

24(e)

end delete

25begin insert(end insertbegin insert5)end insert State that the holders of title to any of the land sought to be
26annexed may file written protests with the secretary to the
27annexation or the annexation uponbegin delete suchend deletebegin insert thoseend insert terms and conditions.

begin delete

28(f)

end delete

29begin insert(end insertbegin insert6)end insert Fix the time and place of a meeting at which the board will
30receive written protestsbegin delete theretoforeend delete filed with the secretary, receive
31additional written protests, and hear from any and all persons
32interested in the annexation.

begin delete

33The

end delete

34begin insert(c)end insertbegin insertend insertbegin insertThe end inserttext of the resolution proposing annexation shall be
35published, pursuant to Section 6066 of the Government Code, prior
36to the time of hearing in at least one newspaper printed and
37published in the agency, if there is a newspaper published and
38printed in the agency.

begin delete

39A

end delete

P53   1begin insert(d)end insertbegin insertend insertbegin insertA end insertcopy of the resolution proposing annexation shall also be
2posted in three public places within the improvement district and
3three public places in the area proposed to be annexed at least two
4weeks prior to the hearing.

begin delete

5The

end delete

6begin insert(e)end insertbegin insertend insertbegin insertThe end insertboard shall proceed with the hearing at the time and
7place fixed therefor and may continue the hearing, if need be, from
8time to time. All interested personsbegin delete willend deletebegin insert shallend insert be heard at the
9hearing.

begin delete

10If

end delete

11begin insert (f)end insertbegin insertend insertbegin insertIf end insertwritten protests are filed by the holders of title of one-half
12of the value of the territory proposed to be annexed as shown by
13the last equalized assessment roll of each county in which the
14territory is situated, further proceedings shall not be taken, and the
15board shall refuse the annexation by a resolution so stating.

begin delete

16If

end delete

17begin insert(g)end insertbegin insertend insertbegin insertIf end insertwritten protest is not made by the owners of one-half of
18the value of the territory proposed to be annexed, and if, at the
19conclusion of the hearing, the board finds and determines for the
20evidence presented at the hearing that the area proposed to be
21annexed to an improvement district will be benefited thereby, and
22that the improvement district to which the area proposed to be
23annexed will also be benefited thereby and will not be injured
24thereby, the board may, by resolution, approvebegin delete suchend deletebegin insert theend insert annexation.

begin delete

25The

end delete

26begin insert(h)end insertbegin insertend insertbegin insertThe end insertresolution shall describe the territory annexed, which
27may be by reference to a map on file with the secretary, which
28map shall govern for all details as to the extent of the annexed
29area. The resolution shall also state the terms and conditions of
30annexation asbegin delete theretoforeend delete determined by resolution of the board.

begin delete

31If

end delete

32begin insert(i)end insertbegin insertend insertbegin insertIf end insertthe board finds and determines that either the area proposed
33to be annexed to the improvement district will not be benefited
34thereby or that the improvement district to which the area is
35proposed to be annexed will not be benefited therebybegin delete andend deletebegin insert orend insert will
36be injured thereby, the board shall by resolution disapprovebegin delete suchend delete
37begin insert theend insert annexation.

begin delete

38From

end delete

P54   1begin insert(j)end insertbegin insertend insertbegin insertFrom end insertand after the date of the adoption of the resolution
2approving the annexation, the area described therein is added to
3and forms a part of the improvement district.

begin delete

4The

end delete

5begin insert(k)end insertbegin insertend insertbegin insertThe end inserttaxable property in the annexed area shall be subject to
6taxation after the annexation thereof for the purposes of the
7improvement district, including the payment of the principal of
8and interest on bonds and other obligations of the improvement
9district authorized and outstanding at the time of the annexation
10as if the annexed property had always been a part of the
11improvement district.

begin delete

12The

end delete

13begin insert(l)end insertbegin insertend insertbegin insertThe end insertboard may do all things necessary to enforce and make
14effective the terms and conditions of annexation fixed by it.

begin delete

15Any

end delete

16begin insert(m)end insertbegin insertend insertbegin insertAny end insertaction or proceedingbegin delete in whichend deletebegin insert contesting, questioning,
17or denyingend insert
the validity of an annexation to an improvement district
18pursuant to this sectionbegin delete is contested, questioned, or deniedend delete shall
19be commenced withinbegin delete three monthsend deletebegin insert 30 daysend insert after the date of the
20resolution of the board approving the annexation of the territory
21to an improvementbegin delete district; otherwise,end deletebegin insert district, orend insert the annexation
22shall be held valid and in every respect legal and incontestable.

23begin insert

begin insertSEC. 55.end insert  

end insert

begin insertSection 53.1 of the end insertbegin insertBighorn-Desert View Water
24Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended
25and renumbered to read:end insert

26

begin deleteSec. 53.1.end delete
27begin insertSec. 32.5.end insert  

Notwithstanding the provisions of Sectionbegin delete 53end deletebegin insert 32end insert, if
28the petition for annexation of land to an improvement district
29formed under Sectionbegin delete 33end deletebegin insert 26end insert is signed by all of the holders of title
30of land in the portion proposed to be annexed, the board may
31proceed and act thereon without notice and hearing, but shall
32otherwise comply with the applicable provisions of this law.

33begin insert

begin insertSEC. 56.end insert  

end insert

begin insertSection 53.2 of the end insertbegin insertBighorn-Desert View Water
34Agency Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended
35and renumbered to read:end insert

36

begin deleteSec. 53.2.end delete
37begin insertSec. 33.end insert  

begin insert(a)end insertbegin insertend insertProceedings to exclude territory from an
38improvement district, formed pursuant to Sectionbegin delete 33end deletebegin insert 26end insert, may be
39initiated by the board upon its own motion, or shall be initiated by
40the board upon receipt of a petition for exclusion signed by not
P55   1less than 10 percent of the voters of the area proposed to be
2excludedbegin delete, which states reasons suchend deletebegin insert. The petition shall state
3reasons that theend insert
exclusion will be beneficial to the agency or the
4improvement district or the territory to be excluded.

begin delete

5Upon

end delete

6begin insert(b)end insertbegin insertend insertbegin insertUpon end insertadoption ofbegin delete saidend deletebegin insert aend insert motion to initiate exclusion
7proceedings or upon receipt ofbegin delete saidend deletebegin insert aend insert petition for exclusion, the
8board shall adopt a resolution of intention to exclude which shall
9statebegin insert all of the followingend insert:

begin delete

10(a)

end delete

11begin insert(end insertbegin insert1)end insert The method by whichbegin delete saidend deletebegin insert theend insert exclusion proceedings were
12initiated; by motion of the board or by petition of voters.

begin delete

13(b)

end delete

14begin insert(end insertbegin insert2)end insert That taxes for carrying out the purpose of the improvement
15district will not be levied upon taxable property in the excluded
16territory followingbegin delete suchend deletebegin insert theend insert exclusion in the eventbegin delete suchend deletebegin insert theend insert territory
17is excluded.

begin delete

18(c)

end delete

19begin insert(end insertbegin insert3)end insert That followingbegin delete suchend deletebegin insert theend insert exclusion, the taxable property in
20the territory remaining inbegin delete saidend deletebegin insert theend insert improvement district shall
21continue to be levied upon and taxed to provide funds for the
22purposes ofbegin delete saidend deletebegin insert theend insert improvement district.

begin delete

23The resolution of intention to exclude shall also state that

end delete

24begin insert(4)end insertbegin insertend insertbegin insertThat end inserta map showing the exterior boundaries of the proposed
25territory to be excluded, with relation to the territory remaining in
26begin delete saidend deletebegin insert theend insert improvement district, is on file with the secretary and is
27available for inspection by any person or persons interested.begin insert This
28map shall govern for all details as to the extent of the proposed
29exclusion.end insert

begin delete

30This map shall govern for all details as to the extent of the
31proposed exclusion.

end delete
begin delete

32The resolution of intention shall also state:

end delete
begin delete

33(a)

end delete

34begin insert(end insertbegin insert5)end insert The time and place for a hearing by the board on the
35questions of the proposed exclusion and the effect ofbegin delete suchend deletebegin insert theend insert
36 exclusion upon the agency, the improvement district and the
37territory to be excluded.

begin delete

38(b)

end delete

P56   1begin insert(end insertbegin insert6)end insert That atbegin delete suchend deletebegin insert thatend insert time and place any person interested,
2including all persons owning property in the agency or in the
3improvement district, will be heard.

begin delete

4Notice

end delete

5begin insert(c)end insertbegin insertend insertbegin insertNotice end insertof the hearing shall be given by publishing a copy of
6the resolution of intention to exclude, pursuant to Section 6066 of
7the Government Code, prior to the time fixed for the hearing in a
8newspaper circulated in the agency, if there is a newspaper printed
9and published in the agency.begin delete Suchend deletebegin insert Thisend insert notice shall also be given
10by posting a copy of the resolution of intention to exclude in three
11public places within the affected improvement district for at least
12two weeks before the time fixed for the hearing.

begin delete

13At

end delete

14begin insert(d)end insertbegin insertend insertbegin insertAt end insertthe time and placebegin delete soend delete fixed in the resolution of intention
15to exclude, or at any time or place to which the hearing is
16adjourned, the board shall proceed with the hearing. At the hearing
17any person interested, including any person owning property in
18the agency, or in the improvement district may appear and present
19any matters material to the questions set forth in the resolution of
20intention to exclude.

begin delete

21At

end delete

22begin insert(e)end insertbegin insertend insertbegin insertAt end insertthe conclusion of the hearing, the board shall by resolution
23determine whether it is necessary or desirable to excludebegin delete saidend deletebegin insert theend insert
24 territory. If so, the resolution shall also statebegin insert both of the followingend insert:

begin delete

25(a)

end delete

26begin insert(end insertbegin insert1)end insert The reasons whybegin delete suchend deletebegin insert theend insert exclusion is necessary or desirable.

begin delete

27(b)

end delete

28begin insert(end insertbegin insert2)end insert That the exterior boundaries of the improvement district
29followingbegin delete suchend deletebegin insert theend insert exclusion are set forth on a map on file with
30the secretary, which map shall govern all details as to the extent
31ofbegin delete said, then existing,end deletebegin insert the resultingend insert improvement district.

begin delete

32The

end delete

33begin insert(f)end insertbegin insertend insertbegin insertThe end insertdeterminations made in the resolution of exclusion shall
34be final and conclusive.

begin delete

35After

end delete

36begin insert(g)end insertbegin insertend insertbegin insertAfter end insertthe exclusion of territory from the improvement district
37pursuant to this section, all taxes levied for the carrying out ofbegin delete saidend delete
38begin insert theend insert improvement district’s purpose shall be levied exclusively
39upon the taxable property in the improvement district as then
40constituted.

begin delete

P57   1A

end delete

2begin insert(h)end insertbegin insertend insertbegin insertA end insertcopy of the resolution of exclusion shall be published
3pursuant to Section 6066 of the Government Code in a newspaper
4printed and published in the agency, if there is a newspaper printed
5and published in the agency. A copy of the resolution shall also
6be posted in three public places within the improvement district
7for at least two weeks.

begin delete

8The

end delete

9begin insert(i)end insertbegin insertend insertbegin insertThe end insertresolution of exclusion shall not be effective until the
1031st day after completion of the publication and posting.

begin delete

11Any

end delete

12begin insert(j)end insertbegin insertend insertbegin insertAny end insertaction or proceedingbegin delete in whichend deletebegin insert contesting, questioning,
13or denyingend insert
the validity of the exclusion of territory from the
14improvement district or of any of the proceedings in relation thereto
15begin delete is contested, questioned, or deniedend delete shall be commenced within
16begin delete three monthsend deletebegin insert 30 daysend insert from the effective date of the resolution of
17begin delete exclusion; otherwise,end deletebegin insert exclusion, orend insert the exclusion and all
18proceedings in relation thereto shall be held to be valid and in
19every respect legal and incontestable.

20begin insert

begin insertSEC. 57.end insert  

end insert

begin insertSection 54 of the end insertbegin insertBighorn-Desert View Water Agency
21Law
end insert
begin insert (Chapter 1175 of the Statutes of 1969) is amended and
22renumbered to read:end insert

23

begin deleteSec. 54.end delete
24begin insertSec. 34.end insert  

begin insert(a)end insertbegin insertend insertNotwithstanding any other provision herein,
25whenever the board deems it necessary for any improvement
26district formed pursuant to this act to be dissolved, it shall by
27resolution declare its intention to dissolve the improvement district.

begin delete

28As

end delete

29begin insert(b)end insertbegin insertend insertbegin insertAs end insertused in this act, “improvement district” includes an
30uninhabited improvement district formed pursuant to Sectionbegin delete 52end delete
31begin insert 31end insert.

32begin insert(c)end insertbegin insertend insert The resolution of intention shall state:

begin delete

33(a)

end delete

34begin insert(end insertbegin insert1)end insert The reason why the improvement district should be
35dissolved.

begin delete

36(b) If the improvement district was formed pursuant to Section
3729 or Section 52 of this act, that

end delete

38begin insert(2)end insertbegin insertend insertbegin insertThat end insertnobegin delete bonds haveend deletebegin insert bond, indebtedness, or liability hasend insert been
39issuedbegin insert or incurredend insert for the improvement districtbegin delete or areend deletebegin insert that remainsend insert
40 outstanding.

begin delete

P58   1(c) If the improvement district was formed pursuant to Section
233 of this act, that no indebtedness or liability was incurred for the
3improvement district or is outstanding.

end delete
begin delete

4(d)

end delete

5begin insert(3)end insert That a map showing the exterior boundaries of the
6improvement district, with relation to the territory immediately
7contiguous thereto, is on file with the secretary and is available
8for inspection by any person or persons interested.

begin delete

9(e)

end delete

10begin insert(end insertbegin insert4)end insert The time and place for a hearing by the board on the question
11of the dissolution of the improvement district.

begin delete

12(f)

end delete

13begin insert(end insertbegin insert5)end insert That atbegin delete suchend deletebegin insert thatend insert time and placebegin insert for the hearingend insert any person
14interested, including all persons owning property in the agency or
15in the improvement district will be heard.

begin delete

16Notice

end delete

17begin insert(d)end insertbegin insertend insertbegin insertNotice end insertof the hearing shall be given by publishing a copy of
18the resolution, pursuant to Section 6066 of the Government Code,
19prior to the time fixed for the hearing in a newspaper circulated in
20the agency, if there is a newspaper circulated in the agency.begin delete Suchend delete
21begin insert Thisend insert notice shall also be given by posting a copy of the resolution
22in three public places within the improvement district for at least
23two weeks before the time fixed for the hearing.

begin delete

24At

end delete

25begin insert(e)end insertbegin insertend insertbegin insertAt end insertthe time and placed fixed in the resolution of intention,
26or at any time or place to which the hearing is adjourned, the board
27shall proceed with the hearing. At the hearing any person interested,
28including all persons owning property in the agency, or in the
29improvement district, may appear and present any matters material
30to the proposed dissolution.

begin delete

31At

end delete

32begin insert(f)end insertbegin insertend insertbegin insertAt end insertthe conclusion of the hearing the board shallbegin insert,end insert bybegin delete ordinanceend delete
33begin insert resolution,end insert determine whether it is necessary to dissolve the
34improvement district. If so, thebegin delete ordinanceend deletebegin insert resolutionend insert shall state
35that the exterior boundaries of the improvement district are set
36forth on a map on file with the secretary and shall declare the
37improvement district dissolved. The determinations made in the
38begin delete ordinanceend deletebegin insert resolutionend insert shall be final and conclusive.

begin delete

39When

end delete

P59   1begin insert(g)end insertbegin insertend insertbegin insertWhen end insertthebegin delete ordinanceend deletebegin insert resolutionend insert declaring an improvement
2district dissolved becomes effective, the dissolution ofbegin delete suchend deletebegin insert theend insert
3 improvement district is complete.

begin delete

4The

end delete

5begin insert(h)end insertbegin insertend insertbegin insertThe end inserttaxable property within the boundaries of the dissolved
6improvement district shall continue to be taxed for any
7indebtedness of the agency contracted forbegin delete suchend deletebegin insert theend insert dissolved
8improvement district until the indebtedness has been satisfied, to
9the same extent thatbegin delete suchend deletebegin insert theend insert property would be taxable forbegin delete suchend delete
10begin insert thatend insert purpose if the dissolution had not occurred.

begin delete

11Any

end delete

12begin insert(i)end insertbegin insertend insertbegin insertAny end insertaction or proceedingbegin delete in whichend deletebegin insert contesting, questioning,
13or denyingend insert
the validity of the dissolution of an improvement
14district, or of any of the proceedings in relation thereto,begin delete is
15contested, questioned, or deniedend delete
shall be commenced withinbegin delete three
16monthsend delete
begin insert 30 daysend insert from the effective date of thebegin delete ordinanceend deletebegin insert resolutionend insert
17 dissolving the improvement districtbegin delete; otherwise,end deletebegin insert, orend insert the dissolution
18of the improvement district and, all proceedings in relation thereto,
19shall be held to be valid and in every respect legal and
20incontestable.

begin delete

21After

end delete

22begin insert(j)end insertbegin insertend insertbegin insertAfter end inserta bond election has been held in an improvement district
23begin delete formed pursuant to Section 29 of this lawend delete and less than two-thirds
24of the votes cast inbegin delete suchend deletebegin insert theend insert election were in favor of the measurebegin insert,end insert
25 the board may within one year of the date ofbegin delete suchend deletebegin insert thatend insert electionbegin insert,end insert
26 call and hold another electionbegin delete as provided in Sections 28 and 29
27of this lawend delete
for the purpose of resubmittingbegin delete saidend deletebegin insert theend insert measure to the
28electors ofbegin delete saidend deletebegin insert theend insert improvement district. Ifbegin delete saidend deletebegin insert theend insert measure is
29not so resubmittedbegin delete saidend deletebegin insert, theend insert improvement district, on the
30anniversary date of the election, is dissolved without further action
31by the board. Ifbegin delete saidend deletebegin insert theend insert measure is resubmitted and fails to receive
32more than two-thirds of the votes cast inbegin delete suchend deletebegin insert theend insert election in favor
33ofbegin delete saidend deletebegin insert theend insert measurebegin delete saidend deletebegin insert, theend insert improvement district is dissolved
34following the canvass of the election returns.

begin delete35

SECTION 1.  

Section 33305 of the Water Code is amended to
36read:

37

33305.  

(a) The consolidated successor district shall separately
38account for and use funds derived from the operation of the Desert
39View Water District and the Bighorn Mountains Water Agency
40for the purpose of bond debt service for each of the former systems.

P60   1(b) Nothing in this part shall be construed to impair any contract
2entered into prior to January 1, 2014.

end delete


O

    98