BILL NUMBER: SB 246 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2013
INTRODUCED BY Senator Fuller
FEBRUARY 12, 2013
An act to amend Section 33305 repeal Part
9.2 (commencing with Section 33300) of Division 12 of the Water
Code, 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, and 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), relating to water districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 246, as amended, Fuller. Desert View Water
District-Bighorn Mountains Bighorn-Desert View
Water 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.
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.
This bill would instead specify 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, specifying
procedures for the repayment of bonded indebtedness incurred prior to
the consolidation and would prohibit the consolidation from
being construed to impair any existing contract
consolidation, and eliminating the misdemeanor for ordinance
violations and making a violation of certain regulations an
infraction instead of misdemeanor, as prescribed .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 9.2 (commencing with Section
33300) of Division 12 of the Water Code is
repealed.
SEC. 2. Section 1 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969), as amended by Section 2 of Chapter 570 of the Statutes of
1989, is amended to read:
Section 1. This act is designated, and may be cited and referred
to as, the "Bighorn Mountains
"Bighorn-Desert View Water Agency Law."
If the Desert View Water District and the Bighorn Mountains Water
Agency consolidate, this act shall thereafter be designated, and may
be cited and referred to, by the full name of the consolidated
successor district, followed by the word "Law."
SEC. 3. Section 2 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969) is amended to read:
Sec. 2. The Bighorn Mountains
Bighorn-Desert View Water Agency , formed by the
consolidation of agencies authorized pursuant to former Part 9.2
(commencing with Section 33300) of Division 12 of the Water Code,
is hereby created, organized , and incorporated and
shall be managed as herein expressly provided and may exercise the
powers herein expressly granted or necessarily implied, and may
include contiguous or noncontiguous parcels of both unincorporated
and incorporated territory, other than territory included in
any public district having identity of purpose or substantial
identity of purpose, without the prior consent of such public
district, evidenced by a resolution duly adopted by the governing
board thereof, territory and shall include all
territory lying within the following described boundaries:
All that real property situate in the County of San Bernardino,
State of California, more particularly described as follows:
(a) Township 3 North, Range 4 East, San Bernardino Base and
Meridian:
Section 7
Section 8
Section 11
South � 1/2 Section 2
Southwest � 1/4 Section 12
Section 13, excluding the North � 1/2
of the Northeast � 1/4
Section 14
Section 15
Section 16
Section 17
East � 1/2 Section 18
Northeast �, 1/4 ,
Northeast �, 1/4 , Section
20
North � 1/2 Section 21
North � 1/2 Section 22
(b) Township 3 North, Range 5, East, San Bernardino Base and
Meridian:
South �, South �, 1/2
, Southwest �, 1/4
, Section 4
Section 8
Northwest � and South �, Section 9 ,
excluding the Northeast 1/4
Southwest � 1/4 Section 10
Section 13
South � 1/2 Section 14
Northwest � and South �, Section 15 ,
excluding the Northeast 1/4
Section 16
Section 17
Section 18
Section 21
Section 22
Section 23
Northwest �, Northwest �, Section 24
West � 1/2 Section 26
Section 27
Southeast � 1/4 Section 33
Section 34
Northwest � and South �, Section 35 ,
excluding the Northeast 1/4
West 1/2, Northwest 1/4, Southwest 1/4, Section 36
Northeast 1/4, Northwest 1/4, Southwest 1/4, Section 36
(c) Township 2 North, Range 5 East, San Bernardino Base and
Meridian:
Section 2
Section 3
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 22
Section 23
Section 26
Section 27
Section 34
(d) Township 2 North, Range 6 East, San Bernardino Base and
Meridian:
Section 3
Section 4
Section 5
Section 6
Section 7 , except certain parcels described
as:
630-032-04 W 1/2 SW 1/4 SW 1/4 SE 1/4 SEC 7 TP 2N R 6E 5 AC
630-032-05 E 1/2 SW 1/4 SW 1/4 SE 1/4 SEC 7 TP 2N R 6E EX RDS
630-032-09 W 1/2 NE 1/4 NW 1/4 SE 1/4 SEC 7 TP 2N R 6E EX RD
630-032-10 W 1/2 SE 1/4 NW 1/4 SE 1/4 SEC 7 TP 2N R 6E EX RD
630-032-11 W 1/2 NE 1/4 SW 1/4 SE 1/4 SEC 7 TP 2N R 6E EX RD
630-032-15 E 1/2 SE 1/4 NW 1/4 SE 1/4 SEC 7 TP 2N R 6E 5 AC
630-032-49 W 1/2 SE 1/4 SW 1/4 SE 1/4 SEC 7 TP 2N R 6E EX W 100 FT
S 422 FT THEREOF AND EX RDS
630-041-26 W 1/2 SE 1/4 NW 1/4 NE 1/4 SEC 7 TP 2N R 6E EX RD MNL
RTS AS RESERVED BY USA 5 AC
630-041-30 E 1/2 SE 1/4 SW 1/4 NE 1/4 SEC 7 TP 2N R 6E 5 AC
630-041-39 W 1/2 SE 1/4 NE 1/4 NE 1/4 SEC 7 TP 2N R 6E 5 AC
630-041-42 N 280 FT W 1/4 SE 1/4 SW 1/4 NE 1/4 SEC 7 TP 2N R 6E EX
RD
630-041-54 N 130 FT S 380 FT W 1/4 SE 1/4 SW 1/4 NE 1/4 SEC 7 TP
2N R 6E 5 EX RD
630-041-55 S 250 FT W 1/4 SE 1/4 SW 1/4 NE 1/4 SEC 7 TP 2N R 6E 5
EX RD
630-041-56 N 1/2 E 1/2 SE 1/4 NW 1/4 NE 1/4 SEC 7 TP 2N R 6E EX RD
630-041-57 S 1/2 E 1/2 SE 1/4 NW 1/4 NE 1/4 SEC 7 TP 2N R 6E
Section 8
Section 9
Section 10
Section 14
Section 16
Section 18 , except certain parcels
described as:
630-021-18 E 1/2 SW 1/4 NW 1/4 NE 1/4 SEC 18 TP 2N R 6E EX RD
630-021-67 N 1/2 E 1/2 NW 1/4 NW 1/4 NE 1/4 SEC 18 TP 2N R 6E EX S
130 FT W 100 FT E 230 FT THEREOF AND EX MNL RTS AS RESERVED BY USA
EX RDS
West � 1/2 , Section 19
Section 22
Section 30
North �, Northwest �, Section 31
SEC. 4. Section 3 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969), as added by Section 3 of Chapter 570 of the Statutes of 1989,
is repealed.
Sec. 3. If the Desert View Water District and
the Bighorn Mountains Water Agency consolidate, the board of
directors of both entities may accept, as a San Bernardino County
Local Agency Formation Commission condition of that consolidation,
the selection of a different name for the agency. Thereafter, all
statutory references to "Bighorn Mountains Water Agency" shall, from
the effective date of the consolidation, be deemed to refer to the
name of the consolidated successor district.
SEC. 5. Section 5 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969), as amended by Section 4 of Chapter 570 of the Statutes of
1989, is amended and renumbered to read:
Sec. 5. Sec. 3. The Board of
Directors of the Bighorn Mountains
Bighorn-Desert View Water Agency organized under this act shall
consist of five members. The Board of Supervisors of San
Bernardino County shall appoint the first board of directors
members , each of whom shall be a resident of
the agency, and shall hold office until his or her
successor is elected. All successors of the first board shall be
elected or chosen at the time and in the manner provided in the
Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10 of the Elections Code) .
If the Desert View Water District and the Bighorn Mountains Water
Agency consolidate, the board of directors of the consolidated
successor district shall consist of five members, in accordance with
Section 33302 of the Water Code. In that event, the San Bernardino
County Local Agency Formation Commission may, pursuant to Section
56844 of the Government Code, change or terminate existing elective
terms of the directors of both the Desert View Water District and the
Bighorn Mountains Water Agency in a manner approved by actions of
the board of each of those entities in their respective applications
for formation of a consolidated successor district.
SEC. 6. Section 7 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969) is amended and renumbered to read:
Sec. 7. Sec. 4. No person shall vote
at any Bighorn Mountains Bighorn-Desert View
Water Agency election held under the provisions of
this act who is not a voter within the meaning of the
Elections Code. For the purpose of registering voters who
shall be entitled to vote at Bighorn Mountains Water Agency
elections, the county clerk or registrar of voters is authorized, in
any county in which there is the Bighorn Mountains Water Agency to
indicate upon the affidavit of registration whether the voter is a
voter of the Bighorn Mountains Water Agency.
In case the boundary line of the Bighorn Mountains
Bighorn-Desert View Water Agency crosses the
boundary line of a county election precinct only those voters within
such Bighorn Mountains the Bighorn-Desert
View Water Agency and within such the
precinct who are registered as being voters within the
Bighorn Mountains Bighorn-Desert View Water
Agency shall be permitted to vote, and for that purpose the county
clerk or registrar of voters is hereby empowered to provide two sets
of ballots within such these precincts,
one containing the names of candidates for office in said
Bighorn Mountains the Bighorn-Desert View Water
Agency, and the other not containing such the
names, and it shall be the duty of the election officers in
such these precincts to furnish only
those persons registered as voters within such Bighorn
Mountains the Bighorn-Desert View
Water Agency with the ballots upon which are printed the names of the
candidates for office in the Bighorn Mountains
Bighorn-Desert View Water Agency.
SEC. 7. Section 8 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969) is amended and renumbered to read:
Sec. 8. Sec. 5. The provisions of
the Elections Code so far as they may be applicable shall govern all
general Bighorn Mountains and special
Bighorn-Desert View Water Agency elections and all
special Bighorn Mountains Water Agency elections , except
as in this act or otherwise provided in this
act .
SEC. 8. Section 8 is added to the Bighorn-Desert View
Water Agency Act (Chapter 1175 of the Statutes of 1969), to read:
Sec. 8. For attending a meeting of the board of directors, each of
the members of the board of directors shall receive compensation in
an amount not to exceed the maximum amount authorized by Chapter 2
(commencing with Section 20200) of Division 10 of the Water Code.
SEC. 9. Section 9 of the Bighorn-Desert
View Water Agency Law (Chapter 1175 of the Statutes of
1969) is repealed.
Sec. 9. The Board of Directors of Bighorn
Mountains Water Agency shall call and canvass all elections involving
matters of initiative, recall and referendum and shall call all
other elections which it is authorized to canvass.
SEC. 10. Section 9 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 9. Any vacancy in the board of directors shall be filled
pursuant to Article 2 (commencing with Section 1770) of Chapter 4 of
Division 4 of Title 1 of the Government Code.
SEC. 11. Section 10 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 10. Sec. 6. Every incumbent of
an elective office, whether elected by popular vote for a full term,
or chosen by the board of directors to fill a vacancy, is subject to
recall by the voters of the Bighorn Mountains
Bighorn-Desert View Water Agency organized under the
provisions of this act in accordance with the recall
provisions of the Elections Code of the state with reference to
cities.
SEC. 12. Section 10 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 10. By a majority vote of the board of directors, the board
shall appoint an attorney, chief engineer, general manager, and
auditor, define their duties, and fix their compensations. The
attorney, chief engineer, general manager, and auditor each shall
serve at the pleasure of the board of directors. A member of the
board of directors shall not serve as the appointed attorney, chief
engineer, general manager, or auditor.
SEC. 13. Section 11 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 11. Sec. 7. The board of
directors shall be the governing body of the Bighorn
Mountains Bighorn-Desert View Water Agency.
It shall hold its first meeting as soon as possible after
the appointment and certification of the first board of directors; it
The board of directors shall, by resolution, provide
for the date, time, and place of holding of its meetings. All
meetings of the board of directors, whether regular or special, shall
be open to the public. A majority of the board of directors shall
constitute a quorum for the transaction of business. At its first
meeting in the month of January in each even-numbered year
, the board of directors shall choose one of
from among its members a president,
and shall thereupon provide for the time and place of
holding its meetings and the manner in which its special meetings may
be called. All legislative sessions of the board of directors
whether regular or special shall be open to the public. A majority of
the board of directors shall constitute a quorum for the transaction
of business. At its first meeting in the month of January of each
even-numbered year, the board of directors shall choose one of its
members president. vice president, and secretary.
SEC. 14. Section 11 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 11. The general manager shall:
(a) Have full charge and control of the maintenance, operation,
and construction of the waterworks of the agency.
(b) Have full power and authority to employ and discharge all
employees and assistants at pleasure.
(c) Prescribe the duties of employees and assistants.
(d) Fix and alter the compensation of employees and assistants
subject to approval by the board of directors.
(e) Perform other duties imposed by the board of directors.
(f) Report to the board of directors in accordance with rules and
regulations adopted by the board.
SEC. 15. Section 12 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 2 of Chapter 696
of the Statutes of 1984, is amended to read:
Sec. 12. The board of directors shall act only by ordinance,
resolution, or motion. On all ordinances, the roll shall be
called and the ayes and noes recorded in the journal of the
proceedings of the board of directors. Resolutions and orders may be
adopted by voice vote, but, on demand of any member, the roll shall
be called minute order . No ordinance,
motion, or resolution , or minute order shall be
passed or become effective without the affirmative vote of a
majority of the members of the board: board.
The enacting clause of all ordinances passed by the board shall
be: "Be it ordained by the Board of Directors of the
Bighorn Mountains Bighorn-Desert View Water
Agency as follows:" Except as otherwise required by law,
ordinances shall be adopted by one of the following procedures:
Each of the members of the board of directors shall receive for
each attendance at the meetings of the board compensation in an
amount not to exceed the then current maximum amount which may be
received by directors of a county water district organized under
Division 12 (commencing with Section 30000) of the Water Code for
attendance at meetings of the board of directors. No directors,
however, shall receive pay for more than three meetings in any
calendar month. A director shall be compensated for a meeting of the
board if, at the time of the holding of the meeting, the director is
on other business of the district, at the request of the board. Any
vacancy in the board of directors shall be filled by a majority of
the remaining directors, the person so chosen shall be a resident of,
and otherwise qualified to be a director of, the agency and shall
hold office for the remainder of the unexpired term.
(a) A copy of the full text of the ordinance shall be posted in
the office of the agency at least five days prior to the board
meeting at which the ordinance is to be amended. Within 21 days after
passage of an ordinance, the general manager shall cause the
ordinance to be published at least once in a newspaper of general
circulation published and circulated within the agency's boundaries
and shall cause the ordinance to be posted in at least three public
places. An ordinance shall not be published in a newspaper if the
charge exceeds the customary rate charged by the newspaper for
publication of private legal notices, but summaries of the ordinance
shall be published as provided in subdivision (b) or (c).
(b) The general manager may cause a summary of the ordinance or
amendment to be published at least once in a newspaper of general
circulation, and a copy of the full text of the ordinance or
amendment shall be posted in the office of the agency at least five
days prior to the board meeting at which the ordinance or amendment
is to be adopted. Within 15 days after adoption of the ordinance or
amendment, the general manager shall cause the ordinance or amendment
to be published at least once in a newspaper of general circulation,
published, and circulated within the agency's boundaries, and shall
cause the ordinance or amendment to be posted in at least three
public places.
(c) If the general manager determines that it is not feasible to
prepare a fair and adequate summary of the ordinance or amendment,
the general manager shall cause a display advertisement of the full
text of the ordinance or amendment of at least one-sixth of a page to
be published in a newspaper of general circulation and a copy of the
full text of the ordinance or amendment to be posted in the office
of the agency at least five days prior to the board meeting at which
the ordinance or amendment is to be adopted. Within 21 days after
adoption, a display advertisement of a similar size shall be
published and the full text posted in at least three public places.
SEC. 16. Section 13 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 13. No informality in any proceeding not
substantially affecting adversely the legal rights of any citizen,
shall be held to invalidate the legal existence of said Bighorn
Mountains Water Agency and all proceedings in respect thereto shall
be held to be valid and in every respect legal and incontestable.
SEC. 17. Section 13 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 13. The voters of the Bighorn-Desert View Water Agency may
pass an initiative in accordance with the methods provided by Chapter
3 (commencing with Section 9200) of Division 9 of the Elections Code
for a city.
SEC. 18. Section 14 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 14. The board of directors shall at its
first meeting, or as soon thereafter as practicable, appoint by a
majority vote a vice president, secretary, treasurer, attorney, chief
engineer, general manager and auditor, define their duties and fix
their compensation, and each shall serve at the pleasure of the
board, and may employ such additional assistants and employees as
they may deem necessary to efficiently maintain and operate said
agency. Said board may consolidate the office of secretary and
treasurer, and the offices of chief engineer and general manager.
SEC. 19. Section 14 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 14. The voters of the Bighorn-Desert View Water Agency may
disapprove and thereby veto an ordinance by proceeding in accordance
with the methods provided by Chapter 3 (commencing with Section 9200)
of Division 9 of the Elections Code for a referendum in a city.
SEC. 20. Section 15 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 1 of Chapter 950 of the
Statutes of 1985, is amended to read:
Sec. 15. The Bighorn Mountains
Bighorn-Desert View Water Agency, which is
incorporated as provided in this act may exercise only
the powers expressly granted and those necessarily implied by this
act , has all of the following powers:
1. To have perpetual succession.
2. To sue and be sued, except as otherwise provided in
this act or by law, sued in all actions and
proceedings in all courts and tribunals of competent jurisdiction.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, condemnation,
or lease, hold, use, enjoy, and to lease , with or without
the privilege of purchase, sell, or dispose of real and
personal property of every kind, within or without the
Bighorn Mountains Water Agency agency .
5. To acquire, or contract to acquire, waterworks or a waterworks
system, waters, water rights, lands, rights and privileges, and
construct, maintain, and operate water wells, conduits,
pipelines, reservoirs, works, machinery, and other property useful or
necessary to produce, store, convey, supply, or otherwise
make use of water for a waterworks plant or system for the benefit
of the agency, and to complete, extend, enlarge, add to,
repair, or otherwise improve any waterworks or waterworks system
acquired by it as authorized the agency
.
6. To construct, maintain, improve, and operate public
recreational facilities appurtenant to any water reservoir
operated or contracted to be operated by the Bighorn Mountains Water
Agency, waterworks and to provide, by
ordinance, provide regulations binding upon all
persons to govern the use of those facilities, including regulations
imposing reasonable charges for the use thereof. Violation of any
such regulation is a misdemeanor. an
infraction punishable by a fine of not more than three hundred
dollars ($300).
7. To lease of and from any person, firm, or public or private
corporation, or public agency, with the privilege of purchasing or
otherwise, all or any part of water storage, transportation, or
distribution facilities, existing waterworks or a waterworks system,
and to carry on and conduct waterworks or a waterworks system; also
to sell water under the control of the agency to cities, and to other
public corporations and public agencies within the agency, and to
the inhabitants of those cities and of other territory within the
agency, and to persons, corporations, and other private agencies
within the agency for use within the agency without any preference;
and it may, whenever the board finds that there is a surplus of water
above that which may be required by consumers within the agency,
sell or otherwise dispose of surplus water to any persons, firms,
public or private corporations or public agencies, or other
consumers.
7. To sell water to other public agencies within the
Bighorn-Desert View Water Agency and to the inhabitants of the
territory of those public agencies for use within the Bighorn-Desert
View Water Agency. The Bighorn-Desert View Water Agency may, whenever
the board of directors finds that there is a surplus of water above
that which may be required by consumers within the Bighorn-Desert
View Water Agency, sell or otherwise dispose of surplus water to any
persons, firms, public or private corporations, public agencies, or
other consumers.
8. The agency may To supply and
deliver water to property not subject to agency taxes at special
rates, terms, and conditions as determined by the board for
that service of directors .
9. To exercise the right of eminent domain to take any property
necessary to supply the agency, or any portion thereof, with water.
In lieu of compensation and damages for the taking or damaging of any
public utility facility which is required to be replaced by the
public utility to provide service to the public equivalent to that
provided by the facility
taken or damaged, the agency shall pay to the public utility owning
the facility its actual cost incurred to replace in kind the
facility so taken or damaged, less property deductions for
depreciation, together with its actual cost incurred to rearrange or
rehabilitate the facilities of the public utility not taken or
damaged, but required to be rearranged or rehabilitated by reason of
the taking or damaging.
10. To issue bonds, borrow money, and incur indebtedness as
authorized by law or in this act; also to refund (by the issuance of
the same obligations following the same procedure) or retire any
indebtedness or lien that may exist against the agency or property
thereof; also to issue warrants to pay the formation expenses of the
agency, which warrants may bear interest at a rate not exceeding 6
percent per annum from the date of issue until funds are available to
pay the warrants, and which formation expenses may include fees of
attorneys and others employed to conduct the formation proceedings.
11. To issue negotiable promissory notes bearing interest at a
rate not exceeding 7 percent per annum; provided, however, that the
notes shall be general obligations of the agency payable from
revenues and taxes in the same manner as bonds of the agency; and
provided further that the maturity shall not be later than five years
from the date thereof and that the total aggregate amount of the
notes outstanding at any one time may be at least equal to
seventy-five thousand dollars ($75,000) in the Bighorn Mountains
Water Agency, but shall not otherwise exceed the lesser of either one
million five hundred thousand dollars ($1,500,000) or 3 percent of
the assessed valuation of the taxable property in the Bighorn
Mountains Water Agency or, if the assessed valuation is not
obtainable, 3 percent of the county auditor's estimate of the
assessed valuation of the taxable property in the agency evidenced by
his or her certificate. Promissory notes issued pursuant to Section
51 may be disregarded in computing the aggregate amount of notes that
may be issued pursuant to this subdivision.
12. To cause taxes to be levied, in the manner provided, for the
purpose of paying any obligation of the agency, including its
formation expenses and any warrants issued therefor.
13.
9. To restrict the use of agency water during any
emergency caused by drought, or other threatened or existing water
shortage, and to prohibit the wastage of agency water or the
improper use of agency water during those periods, for
any purpose other than household uses or such other restricted uses
as may be determined to be necessary by the agency; to prohibit the
use of water during those periods for specific uses which the agency
may, from time to time, find to be nonessential in
accordance with Chapter 3 (commencing with Section 350) of Division 1
of the Water Code .
14. To prescribe and define, by ordinance, the restrictions,
prohibitions, and exclusions referred to in subdivision 13 of this
section. Every ordinance relating to the matters referred to in this
subdivision shall be in full force and effect immediately upon
adoption, but shall be published pursuant to Section 6061 of the
Government Code in full in a newspaper of general circulation,
printed, published, and circulated in the agency within 10 days after
adoption or, if there be no such newspaper, shall be posted within
that time in three public places within the agency.
15.
1 0. To make contracts, employ labor, and do
all acts necessary for the full exercise of the above powers.
16.
11. To provide , by ordinance of its board of
directors, for the pensioning of officers or employees and
the creation of a special fund for the purpose of paying the
pensions, and the accumulation of contributions to the fund from the
revenues of the agency, the wages of officers or employees, voluntary
contributions, gifts, donations, or any source of revenue not
inconsistent with the general powers of the board, and to contract
with any insurance corporation or any other insurance carrier for the
maintenance of a service covering the pension of the officers or
employees, and to provide in the ordinance for the
terms and conditions under which pensions shall be awarded, and for
the time and extent of service of officers or employees before
pensions shall be available to them.
17.
12. To acquire, control, distribute, store, spread,
sink, treat, purify, reclaim, capture, recapture, and
salvage any water, including sewage and storm waters
stormwaters , for the beneficial use and
protection of the agency or its inhabitants or the owners of right to
water therein.
18. Subject to the limitations in subdivision 9 of this section,
to join with one or more
13. To contract with the federal government, the
state, any state agency, a county, or other public
agencies agency , a private
corporations corporation , or other
persons person for the purpose of carrying out
any of the powers of the agency and, for that purpose, to contract
with the other public agencies, private corporations, or persons for
the purpose of financing acquisitions, constructions, and operations.
The contracts may provide for contributions to be made by
each party thereto and for the division and apportionment of the
expenses of the acquisitions and operations, and the division and
apportionment of the benefits, the services and products therefrom,
and may provide for any agency to effect the acquisitions and to
carry on the operations, and shall provide in the powers and methods
of procedure for the agency the method by which the agency may
contract. The contracts with other public agencies, private
corporations, or persons may contain such other and further covenants
and agreements as may be necessary or convenient to accomplish the
purposes thereof. The term "public agency," as used in this
subdivision, means and includes the United States of America or any
department or agency thereof, the State of California or any
department or agency thereof, a county, city, public corporation, or
other public district of this state. The term "private corporation,"
as used in this subdivision, means and includes any private
corporation organized under the laws of the United States of America
or of this or any other state thereof. Contracts include those made
with the United States, under the Federal Reclamation Act of June 17,
1902,1 and all acts amendatory thereof or supplementary thereto or
any other act of Congress previously or hereafter enacted permitting
cooperation. Any contract with the United States of America or any
department or agency thereof, or with any private corporation
organized under the laws of the United States of America, by which
the agency, or an improvement district thereof, incurs an
indebtedness or liability exceeding in any year the income and
revenue for that year shall not be executed without the assent of
two-thirds of the qualified electors of the agency, or the
improvement district thereof, voting at a special election to be held
for that purpose, the election to be called and held, so far as
practicable, in the same manner as bond elections for the agency. The
exact form of the contract need not be available at the time of the
special election, but the (a) purpose of the contract, (b) maximum
amount of indebtedness created thereby, (c) maximum term of
repayment, and (d) maximum interest rate on the indebtedness shall be
known and included in the proposition or measure submitted to the
qualified electors of the agency, or the improvement district
thereof, at the special election. These contracts may
contain any other and further covenants and agreements as may be
necessary or convenient to accomplish the purposes of the contract.
19.
14. To commence, maintain, intervene in, defend and
compromise, in the name of the agency, or as a class representative
of the inhabitants, property owners, taxpayers, or water producers or
water users within the agency, or otherwise, and to assume the costs
and expenses of any and all actions and proceedings, now or
hereafter begun, involving or affecting the ownership or use of water
or water rights, used or useful for any purpose, of the agency, or a
common benefit to the lands within the agency or its inhabitants.
20.
15. To commence, maintain, intervene in, defend and
compromise, in the name of the agency, or as a class representative
of the inhabitants, property owners, taxpayers, water producers or
water users within the agency or otherwise , and
to assume the costs and expenses of any and all actions or
proceedings, now or hereafter begun, proceedings
to prevent, control, or abate the pollution of water used or useful
for any purpose of the agency, or to protect or provide a
common benefit to lands within the agency,
agency or to the inhabitants of the agency, or to protect
or control any watershed or basin overlain, in whole or in
part, by the agency or which contributes or may contribute
to the water supply of the agency.
21. Distribute water to persons in exchange for ceasing or
reducing groundwater extractions and to fix the terms and conditions
of any contract under which producers may agree voluntarily to use
replenishment water from a nontributary source in lieu of
groundwater, and to that end the agency may become a party to such a
contract and pay from the agency funds that portion of the cost of
the replenishment waters that will encourage the purchase and use of
replenishment water in lieu of pumping so long as the persons or
property within the agency are directly or indirectly benefited by
the resulting replenishment.
22. To issue revenue bonds for any purpose for which general
obligation bonds may be issued, and for any purpose for which revenue
bonds could be issued under the Revenue Bond Law of 19412 or any
other law which by its terms is applicable to this agency.
23. To use the Improvement Act of 1911 (Division 7 (commencing
with Section 5000) of the Streets and Highways Code) for the
construction of any facilities authorized to be constructed under
this act. The powers and duties conferred by the Improvement Act of
1911 on the various boards, officers, and agents of cities shall be
exercised by the respective boards, officers, and agents of the
Bighorn Mountains Water Agency. In the application of the Improvement
Act of 1911 to proceedings instituted by the Bighorn Mountains Water
Agency, the terms used in the Improvement Act of 1911 have the
following meanings:
(a) "City council" and "council" mean the Board of Directors of
the Bighorn Mountains Water Agency.
(b) "Municipality" and "city" mean the Bighorn Mountains Water
Agency.
(c) "Clerk" and "city clerk" mean the secretary.
(d) "Superintendent of streets," "street superintendent," and
"city engineer" mean the chief engineer of the agency.
(e) "Tax collector" means the county tax collector.
(f) "Treasurer" and "city treasurer" mean the treasurer of the
Bighorn Mountains Water Agency.
(g) "Mayor" means the president of the board of directors of the
Bighorn Mountains Water Agency.
(h) "Right-of-way" means any parcel of land in, on, under, or
through which a right-of-way or easement has been granted to the
agency for the purpose of constructing and maintaining any works or
improvements of the Bighorn Mountains Water Agency.
Any certificates or documents required to be filed or recorded in
the office of the superintendent of streets or street superintendent
shall be filed and recorded in the office of the secretary of the
Bighorn Mountains Water Agency.
24. To use the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code) for
the construction of any facilities authorized to be constructed under
this act. The powers and duties conferred by the Improvement Bond
Act of 1915 on the various boards, officers, and agents of cities or
counties shall be exercised by the respective boards, officers, and
agents of the Bighorn Mountains Water Agency. In the application of
the Improvement Bond Act of 1915 to proceedings instituted by the
agency, the terms used in the Improvement Bond Act of 1915 have the
following meanings:
(a) "City" means the Bighorn Mountains Water Agency.
(b) "Clerk" means the secretary of the Bighorn Mountains Water
Agency.
(c) "Legislative body" means the Board of Directors of the Bighorn
Mountains Water Agency.
(d) "Mayor" means the president of the board of directors of the
agency.
(e) "Right-of-way" means any parcel of land in, on, under, or
through which a right-of-way or easement has been granted to the
agency for the purpose of constructing and maintaining any works or
improvements of the agency.
(f) "Street superintendent," "superintendent of streets," and
"engineer" mean, respectively, the officers or entities designated,
from time to time, by the board of directors to perform the duties
imposed on the street superintendent, superintendent of streets, and
the engineer.
(g) "Tax collector" and "auditor" mean the county tax collector
and county auditor, unless otherwise designated by the board of
directors.
(h) "Treasurer" means the treasurer of the Bighorn Mountains Water
Agency, or the county treasurer if so designated by the board of
directors.
Any certificates or documents to be filed or recorded in the
office of the superintendent of streets or street superintendent
shall be filed and recorded in the office of the secretary of the
agency.
16. To borrow money, incur indebtedness, and issue bonds or other
evidences of indebtedness at the rate permitted by Article 7
(commencing with Section 53530) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Code and to refund or retire any
indebtedness or lien against the agency or its property.
17. To issue negotiable promissory notes that shall be general
obligations of the agency payable from revenues and taxes in the same
manner as bonds of the agency, at the rate permitted by Article 7
(commencing with Section 53530) of Chapter 3 of Part 1 of Division 2
of Title 5 of the Government Code.
18. To cause taxes to be levied, in the manner provided by the
California Constitution and state law, for the purpose of paying any
obligation of the agency.
19. To issue improvement bonds in accordance with, and pursuant
to, the Improvement Act of 1911 (Division 7 (commencing with Section
5000) of the Streets and Highways Code), the Improvement Bond Act of
1915 (Division 10 (commencing with Section 8500) of the Streets and
Highways Code), the Municipal Improvement Act of 1913 (Division 12
(commencing with Section 10000) of the Streets and Highways Code),
the Refunding Assessment Bond Act of 1935 (Chapter 732 of the
Statutes of 1935), and the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of
the Government Code).
25.
2 0. To prescribe, by ordinance, a
system of revise, and collect water system
connection charges and, if deemed appropriate by the board
of directors, a refunding mechanism through water rates or pursuant
to contract and capacity charges in the manner provided
by the California Constitution and state law .
21. To record a certificate in the office of the county recorder
of any county specifying the amount of unpaid charges for water or
other services, plus interest and penalties. From the time of
recordation of the certificate, the amount required to be paid,
together with interest and penalty, constitutes a lien upon all real
property in the county owned by the person or afterwards, and before
the lien expires, acquired by the person. The lien shall have the
force, priority, and effect of a judgment lien and shall continue for
10 years from the date of the filing of the certificate unless
sooner released or otherwise discharged. Within 10 years from the
filing of the certificate or within 10 years of the date of the last
extension of the lien, the lien may be extended by filing for record
a new certificate in the office of the county recorder of any county
and from the time of that filing the lien shall be extended to the
real property in the county for 10 years unless sooner released or
otherwise discharged.
22. To construct, operate, and maintain works to develop
hydroelectric energy, for use by the agency in the operation of its
works or as a means of assisting in financing the construction,
operation, and maintenance of its projects for the control,
conservation, diversion, and transmission of water, and to enter into
contracts for the sale of this energy.
23. To contract for the sale of the right to use falling water for
electric energy purposes with any public agency or private entity
engaged in the retail distribution of electric energy.
24. To prosecute an action to determine the validity of any bonds,
warrants, promissory notes, contracts, or other evidences of
indebtedness, including those of the kind authorized by paragraphs
16, 17, and 19, brought pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
25. In addition to the powers granted in this section, the agency
may exercise all powers previously or hereafter granted to or
possessed by county water districts organized and governed under the
County Water District Law (Division 12 (commencing with Section
30000) of the Water Code) to finance the acquisition of, and to
acquire, waterworks and waterworks systems, waters, water rights,
lands, rights, or privileges, and may exercise all those powers to
fund construction, maintenance, or operation of waterworks and
waterworks systems.
SEC. 21. Section 15.1 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 15.1. The agency shall have the power to
construct, operate and maintain works to develop hydroelectric
energy, for use by the agency in the operation of its works or as a
means of assisting in financing the construction, operation and
maintenance of its projects for the control, conservation, diversion
and transmission of water and to enter into contracts for the sale of
such energy for a term not to exceed 50 years. Such energy may be
marketed only at wholesale to any public agency or private entity, or
both, or the federal or state government.
SEC. 22. Section 15.2 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 15.2. In connection with the construction
and operation of the works of the agency, the agency shall have the
power to contract for the sale of the right to use falling water for
electric energy purposes with any public agency or private entity
engaged in the retail distribution of electric energy, for a term not
to exceed 50 years.
SEC. 23. Section 15.3 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 5 of Chapter 570 of the
Statutes of 1989, is repealed.
Sec. 15.3. In addition to the powers granted in
Section 15, the agency may exercise all powers previously or
hereafter granted to or possessed by county water districts organized
and governed under the County Water District Law (Division 12
(commencing with Section 30000) of the Water Code) to finance the
acquisition of waterworks or waterworks systems, waters, water
rights, lands, rights or privileges, and may exercise all those
powers to fund construction, maintenance, or operation of new
waterworks systems constructed after January 1, 1986.
The board of directors may, with respect to any improvement,
assessment, special tax, or taxation district or area originally
formed or existing under the County Water District Law, continue to
exercise all of the powers held by a board organized under that law
to fund, set, levy, or collect moneys, taxes, fees, or assessments
reasonably required to be raised and collected from the improvement,
assessment, special tax, or taxation district or area.
SEC. 24. Section 16 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 176 of Chapter 1128 of the
Statutes of 1984, is repealed.
Sec. 16. All powers, privileges and duties
vested in or imposed upon the Bighorn Mountains Water Agency
incorporated hereunder shall be exercised and performed by and
through the board of directors; provided, however, that the exercise
of any and all executive, administrative and ministerial powers may
be by said board of directors delegated and redelegated to any of the
officers created hereby and by the board of directors acting
hereunder.
The board of directors shall have the power:
(1) To fix the time and place or places at which its regular
meetings shall be held, and shall provide for the calling and holding
of special meetings.
(2) To fix the location of the principal place of business of the
agency and the location of all offices and departments maintained
hereunder.
(3) To prescribe by ordinance a system of business administration
and to create any and all necessary offices and to establish and
reestablish the powers and duties and compensation of all officers
and employees and to require and fix the amount of all official bonds
necessary for the protection of the funds and property of the
agency.
(4) To prescribe by ordinance a system of civil service.
(5) To delegate and redelegate by ordinance to officers of the
agency power to employ clerical, legal, and engineering assistants
and labor, and under such conditions and restrictions as shall be
fixed by the directors, power to bind the agency by contract.
(6) To prescribe a method of auditing and allowing or rejecting
claims and demands.
(7) To fix the rates at which water should be sold, and to
establish different rates for different classes or conditions of
service; provided, that rates shall be uniform for like classes or
conditions of service throughout the agency, but any special water
rate fixed in accordance with terms and conditions of annexation,
shall be deemed to be a rate for a different class or condition of
service.
SEC. 25. Section 17 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 17. A finding by the board of directors
upon the existence, threat, or duration of an emergency or shortage
of water or upon the matter of necessity or any other matter or
condition referred to in subdivisions 13 or 14 of Section 15 of this
act, shall be made by resolution or ordinance, and shall be prima
facie evidence of the fact or matter so found, and such fact or
matter shall be presumed to continue unchanged unless and until a
contrary finding shall have been made by the board by resolution or
ordinance. Such finding shall be received in evidence in any civil or
criminal proceeding in which it may be offered, and shall be proof
and evidence of the fact or matter found until rebutted or overcome
by other sufficient evidence received in such proceeding. Copy of any
resolution or ordinance setting forth such finding shall, when
certified by the secretary of the agency, be evidence that the
finding was made by the agency as shown by the resolution or
ordinance and
certification.
SEC. 26. Section 18 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 18. From and after the publication or
posting of any ordinance as provided in subdivision 14 of Section 15
of this act, it is hereby declared to be and it shall be a
misdemeanor for any person, firm or corporation to use or apply water
received from the agency contrary to or in violation of such
restriction or prohibition, until such ordinance shall have been
repealed or such emergency or threatened emergency shall have ceased,
and upon conviction thereof such person, firm or corporation shall
be punished by being imprisoned in the county jail for not more than
30 days or by fine of not more than three hundred dollars ($300), or
by both such fine and imprisonment.
SEC. 27. Section 19.5 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 19.5. An action to determine the validity
of any contract authorized by paragraph 19 of Section 15 may be
brought pursuant to Chapter 9 (commencing with Section 860) of Title
10 of Part 2 of the Code of Civil Procedure.
SEC. 28. Section 21 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 21. The president, vice president and
secretary in addition to the respective duties imposed on them by law
shall perform such duties as may be imposed on them by the board of
directors. The treasurer, or such other person or persons as may be
authorized by the board of directors, shall draw checks or warrants
to pay demands when such demands shall have been audited and approved
in the manner prescribed by the board of directors.
If the president is absent or unable to act, the vice president
shall exercise the powers of the president granted by this act.
The general manager shall have full charge and control of the
maintenance, operation and construction of the waterworks or
waterworks system of the agency with full power and authority to
employ and discharge all employees and assistants at pleasure,
prescribe their duties, fix their compensation, subject to the
approval of the board of directors.
The general manager shall perform such duties as may be imposed on
him by the board of directors. The general manager shall report to
the board of directors in accordance with such rules and regulations
as they may direct.
The chief engineer shall be the engineering adviser of the agency
and shall perform such other duties as may be prescribed by the board
of directors.
The attorney shall be the legal adviser of the agency and shall
perform such other duties as may be prescribed by the board of
directors.
The board of directors shall designate a depository or
depositories to have the custody of the funds of the agency, all of
which depositories shall give security sufficient to secure the
agency against possible loss, and who shall pay the warrants drawn by
the treasurer for demands against the agency under such rules as the
directors may prescribe.
The general manager, secretary and treasurer, and all other
employees or assistants of said agency who may be required so to do
by the board of directors, shall give such bonds to the agency
conditioned for the faithful performance of their duties as the board
of directors from time to time may provide. The premiums on such
bonds shall be paid by the agency.
SEC. 29. Section 22 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 22. The board of directors shall have
power to construct works along and across any stream of water,
watercourse, street, avenue, highway, canal, ditch or flume, or
across any railway which the route of said works may intersect or
cross; provided, such works are constructed in such manner as to
afford security for life and property, and said board of directors
shall restore the crossings and intersections to their former state
as near as may be, or in a manner not to have impaired unnecessarily
their usefulness. Every company whose right-of-way shall be
intersected or crossed by said works shall unite with said board of
directors in forming said intersections and crossings and grant the
rights therefor. The right-of-way is hereby given, dedicated and set
apart to locate, construct and maintain such works along and across
any street or public highway and over and through any of the lands
which are now or may be the property of this state, and to have the
same rights and privileges appertaining thereto as have been or may
be granted to cities within the state. Any use, under this section,
of a public highway now or hereafter constituted a state highway
shall be subject to the provisions of Chapter 3 of Division 1 of the
Streets and Highways Code.
SEC. 30. Section 23 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 12 of Chapter 104 of the
Statutes of 1970, is amended and renumbered to read:
Sec. 23. Sec. 16. All claims for
money or damages against this the
agency are governed by Part 3 (commencing with Section 900) and Part
4 (commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code, except as provided therein, or by other statutes or
regulations expressly applicable thereto.
SEC. 31. Section 25 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 25. Sec. 17. The board of
directors, so far as practicable, in
compliance with the applicable provisions of the California
Constitution and state law, shall fix such rate or rates for
water in the agency and in each improvement district therein as will
result in revenues which will pay the operating expenses of the
agency, and the improvement district, provide for repairs and
depreciation of works, provide a reasonable surplus for
replacements, improvements, extensions, and enlargements, pay
the interest on any bonded debt, and provide a
sinking or other fund for the payment of the principal of such debt
as it may become due. Said rates for water in each improvement
district may vary from the rates of the agency and from other
improvement districts therein.
SEC. 32. Section 26 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 26. Sec. 19. If the revenues of
the agency, or any improvement district therein, will be inadequate
for any cause to pay the operating expenses of the agency, provide
for repairs and depreciation of works owned or operated by it, and to
meet all obligations of the agency, including payment of
principal of or interest on any bonded
debt of the agency , or any improvement
district thereof, as it becomes due, then the board of directors of
this the agency must
shall provide , in accordance with the provisions of
the California Constitution and state law, for the levy and
collection of a special tax sufficient to raise the amount
of money determined by such the board
of directors to be necessary for the purpose of paying such
charges and the expenses , as well as
providing in addition to the funds required
under Section 25 17 of this act.
SEC. 33. Section 27 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 27. Sec. 20. The board of
directors shall determine the amounts necessary to be raised by
taxation during the fiscal year and shall fix the rate or rates of
tax to be levied which will raise the amounts of money required by
the agency, and within by continuing to
impose any ad valorem taxes or any other special taxes, or by levying
assessments, in accordance with the provisions of the California
Constitution and state law. Subject to Section 4 of Article XIII
C of the California Constitution, the agency
may impose new special taxes in accordance with Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. Within a reasonable time
previous to the time when before the
board of supervisors is required by law to fix its tax rate, the
board of directors shall certify to the board of supervisors the rate
or rates so fixed and shall furnish to the board of supervisors a
statement in writing containing the following: (a) an estimate of the
minimum amount of money required to be raised by taxation during the
fiscal year for the payment of the principal of and interest on any
bonded debt of the agency , or of an
improvement district thereof , as will become due before
the proceeds of a tax levied at the next general tax levy will be
available; (b) an estimate of the minimum amount of money required to
be raised by taxation during the fiscal year for all other purposes
of the agency. The board of directors shall direct that
, at the time and in the manner required by law
for the levying of taxes for county purposes, such
the board of supervisors shall levy
to collect , in addition to such
any other tax as may be levied by such
the board of supervisors, at the rate or rates so fixed and
determined by the board of directors, a tax upon the property within
the agency, or improvement district thereof benefited by the
bonded debt, as the case may be, and it is made
the duty of the officer or body having authority to levy taxes within
each county to levy the tax so required be .
Taxes for the payment of the interest on or principal of any
bonded debts debt shall be levied on the
property within the agency, or improvement district thereof,
benefited by the bonded debt, as determined by the
board of directors in the resolution declaring the necessity to
incur the debt. Taxes for other purposes of the agency shall be
levied on all property in the agency or improvement
district or portion thereof subject to the particular tax.
And it It shall be the duty of all county
officers charged with the duty of collecting taxes to collect such
tax in the time, form, and manner as county taxes are
collected, and when collected to pay the same to the agency. Taxes
for the payment of a bonded debt and the interest
thereon shall be a lien on all the property benefited thereby as
stated in the resolution of the board of directors declaring the
necessity to incur the debt. All taxes for other purposes of the
agency shall be a lien on all the property in the agency subject to
the respective tax. Agency taxes, whether for payment of a
bonded indebtedness and the interest thereon or for other
purposes, shall be of the same force and effect as other liens for
taxes, and their collection may be enforced by the same means as
provided for the enforcement of liens for state and county taxes.
SEC. 34. Section 28 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 28. Sec. 21. (a)
Whenever the board of directors deem
deems it necessary for the agency to incur a bonded
indebtedness for the acquisition, construction, completion,
replacement, or repair of any or all improvements, works ,
or property mentioned in this act, the board shall, by
resolution, so declare and call an election to be held in
said the agency for the purpose of submitting to
the qualified voters thereof the proposition of incurring
indebtedness by the issuance of bonds of said
the agency. Said The resolution
shall state: (a) the state all of the
following:
(1) The purpose for which the
proposed debt is to be incurred, which may include expenses of all
proceedings for the authorization, issuance , and sale of
the bonds ; (b) the bonds.
(2) The amount of debt to be
incurred ; (c) the incurred.
(3) The maximum term the bonds
proposed to be issued shall run before maturity, which shall not
exceed 40 years ; (d) the years.
(4) The maximum rate of interest
to be paid, which shall not exceed 7 percent per annum,
the rate permitted by Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code, which shall be payable semiannually, except
that interest for the first year may be payable at the end of
said year ; (e) the year or payable on a
fixed or variable basis, on the dates specifi
ed in the resolution.
(5) The measure to be submitted
to the voter ; (f) the voters.
(6) The date upon which an
election shall be held for the purpose of authorizing said
the bonded indebtedness to be incurred
; and (g) the designation of precincts, the location of polling
places, and the names of the officers selected to conduct the
election, who shall consist of one judge, one inspector and two
clerks in each precinct. The incurred.
(b) The board of directors shall
provide for holding such the special
election on the day so date fixed and
in accordance with the applicable provisions of the
Elections Code so far as the same shall be applicable,
except as herein otherwise provided . Notice of the holding
of such the election shall be given by
publishing pursuant to Section 6066 of the Government Code the
resolution calling the election, the last publication to be made not
less than two weeks prior to the date of the proposed election, in at
least one newspaper published in such the
agency, if there is a newspaper published in the agency,
then such and the resolution shall be
posted in three public places in such the
agency not less than two weeks prior to the date of the
proposed election. No other notice of such
the election need be given. The returns of such
the election shall be made, the votes canvassed
by said board of directors within seven days following said
election, and the results thereof ascertained and declared
in accordance with the provisions of the Elections Code, so far as
they may be applicable, except as in this act otherwise provided. The
secretary of the board of directors, as soon as the result is
declared, shall enter in the records of such
the board a statement of such the
results. No irregularities or informalities in conducting
such the election shall invalidate the
same result , if the election shall
have has otherwise been fairly conducted.
Any
(c) Any action or
proceeding, wherein proceeding contesting,
questioning, or denying the validity of any such
these bonds , or of the
proceedings in relation thereto is contested,
questioned or denied to these bonds , shall be
commenced within three months 30 days
from the date of such election; otherwise, said
the election, or the bonds and all proceedings in relation
thereto to these bonds shall be held
to be valid and in every respect legal and incontestable.
SEC. 35. Section 29 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 29. Sec. 22. (a)
Whenever the board of directors deems it necessary to
incur a bonded indebtedness for the acquisition,
construction, completion, replacement, or repair of any or
all improvements, works , or property mentioned in this
act and to provide for such that bonded
indebtedness to be payable from taxes levied upon less than all of
the agency, the board shall, by resolution, so declare and
state: (a) the state all of the following:
(1) The purpose for which the
proposed debt is to be incurred ; (b) the
incurred.
(2) The amount of debt to be
incurred, which may include expenses of all proceedings for the
authorization, issuance , and the sale of the
bonds ; (c) that bonds.
(3) That the board intends to
form an improvement district of a portion of the agency which in the
opinion of the board will be benefited, the exterior boundaries of
which portion are set forth on a map on file with the secretary of
the agency, which map shall govern for all details as to the extent
of the proposed improvement district, and to call an election in
such that proposed improvement district
on a date to be fixed, for the purpose of submitting to the qualified
voters thereof the proposition of incurring indebtedness by the
issuance of bonds of the agency for said that
improvement district ; (d) that
district.
(4) That taxes for the payment of
said the bonds and the interest
thereon shall be levied exclusively upon the taxable property in the
improvement district ; (e) that district.
(5) That a general description of
the proposed improvement, improvements,
together with a map showing the exterior boundaries of
said the proposed improvement district with
relation to the territory immediately contiguous thereto and to the
proposed improvement improvements, is
on file with the secretary of the agency and is available for
inspection by any person or persons interested ; (f) the
interested.
(6) The time and place for a
hearing by the board on the questions
question of the formation of said the
proposed improvement district, the extent thereof, the proposed
improvement improvements and the
amount of debt to be incurred ; and (g) that
incurred.
(7) That at the time and place
specified in the resolution any person interested, including all
persons owning property in the agency or in the proposed improvement
district, will be heard. Notice heard.
(b) Notice of said
the hearing shall be given by publishing a copy
of the resolution pursuant to Section 6066 of the Government Code
prior to the time fixed for the hearing in a newspaper printed and
published in the agency, if there is a newspaper printed and
published in such the agency.
Such This notice shall also be given by posting a
copy of said the resolution in
six three public places within the
proposed improvement district at least two weeks before the time
fixed for said the hearing.
At
(c) A t the time and
place so fixed for the hearing , or at
any time and place to which the hearing it
is adjourned, the board shall proceed with the hearing. At the
hearing , any person interested, including any person
owning property within the agency or within any proposed improvement
district, may appear and present any matters material to the
questions set forth in the resolution declaring the necessity for
incurring the bonded indebtedness. The board shall have the power to
change the purpose for which the proposed debt is to be incurred, or
the amount of bonded debt to be incurred, or the boundaries of
said the proposed improvement district,
or one or all of said matters any
combination of these ; provided, however, that said
the board shall not change such
the boundaries so as to include any territory
which that will not, in its judgment,
be benefited by said the improvement.
The
(d) The purpose, amount of bonded
debt , or boundaries shall not be changed by
said the board except after notices of its
intention to do so, given by publication pursuant to Section 6061 of
the Government Code in a newspaper printed and published in
said Bighorn Mountains the Bighorn-Desert View
Water Agency, if there is a newspaper printed and published in
such the agency, and by posting in
six three public places within
said the proposed improvement district.
Said The notice shall state the changed
purpose and debt proposed and that the exterior boundaries as
proposed to be changed are set forth on a map on file with the
secretary of the agency, which map shall govern for all details as to
the extent of the proposed improvement district, and specify the
time and place for hearing on such the
change, which time shall be at least 10 days after publication or
posting of said the notice. At the time
and place so fixed, or at any time and place to
which the hearing is adjourned, the board shall proceed with the
hearing. At the hearing any person interested, including any person
owning property within the agency or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice. At the conclusion of the hearing ,
the board shall , by resolution , determine
whether it is deemed necessary to incur the bonded indebtedness, and,
if so, the resolution shall also state the purpose for which
said the proposed debt is to be
incurred, the amount of the proposed debt, that the exterior
boundaries of the portion of the agency which
that will be benefited are set forth on a map on file with the
secretary of the agency which map shall govern for all details as to
the extent of the improvement district, and that said
the portion of the agency set forth on
said the map shall thereupon constitute and be
known as "Improvement District No. ... of Bighorn Mountains
Bighorn-Desert View Water Agency," and the
determinations made in said the
resolution shall be final and conclusive. After the formation of
such an improvement district within the
Bighorn Mountains Bighorn-Desert View
Water Agency pursuant to this section, all proceedings for the
purpose of a bond election shall be limited, and shall apply only to
the improvement district, and taxes for the payment of said
the bonds and the interest thereon shall be
levied exclusively upon the taxable property in the improvement
district.
After
(e) After the board has made its
determination of the matters required to be determined by
said the last mentioned resolution, and if the
board deems it necessary to incur the bonded indebtedness, the board
shall by a further resolution call a special election in
said the improvement district for the purpose of
submitting to the qualified voters thereof the proposition of
incurring indebtedness by the issuance of bonds of the agency for
said the improvement district.
Said The resolution shall state: (a)
that state all of the following:
(1) That the board deems it
necessary to incur the bonded indebtedness ; (b) the
indebtedness.
(2) The purpose for which the
bonded indebtedness will be incurred ; (c) the
incurred.
(3) The amount of debt to be
incurred ; (d) the incurred.
(4) The improvement district to be
benefited by said the indebtedness, as
set forth in the resolution making determinations, and that a map
showing the exterior boundaries of said the
improvement district is on file with the secretary of the
agency, which map shall govern for all details as to the extent of
the improvement district; (e) that district.
(5) That taxes for the payment of
such the bonds and the interest
thereon shall be levied exclusively upon the taxable property in
said the improvement district;
(f) the district.
(6) The maximum term the bonds
proposed to be issued shall run before maturity, which shall not
exceed 40 years ; (g) the years.
(7) The maximum rate of interest
to be paid, which shall not exceed 7 percent per annum,
the rate permitted by Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code, payable semiannually, except that interest
for the first year may be payable at the end of the said
year; (h) the year or payable on a fixed or variable
basis, on dates specified in the resolution.
(8) The measure to be submitted
to the voters; (i) the voters.
(9) The date upon which an
election shall be held for the purpose of authorizing said
the bonded indebtedness to be incurred;
and (j) the designation of precincts, the location of polling
places, and the names of the officers selected to conduct the
election, who shall consist of one judge, one inspector and two
clerks in each precinct incurred .
The
(f) The board of directors shall
provide for holding such the special
election on the day so fixed and in accordance with the provisions of
the Elections Code so far as the same shall be
, as applicable, except as herein otherwise provided.
Notice of the holding of such the
election shall be given by publishing pursuant to Section 6066 of the
Government Code the resolution calling the election prior to the
date of the proposed election in at least one newspaper printed and
published in the agency, if there is a newspaper printed and
published in such the agency.
Such The resolution shall also be posted in
three public places in such the
improvement district not less than two weeks prior to the date of the
proposed election. No other notice of such
the election need be given.
The
(g) The returns of such
the election shall be made, the votes
canvassed by said board of directors within seven days following said
election, canvassed, and the results thereof
ascertained and declared in accordance with the provisions of the
Elections Code so far as they may be applicable, except as
in this act otherwise provided applicable . The
secretary of the board of directors, as soon as the result is
declared, shall enter in the records of such
the board a statement of such the
results. No irregularities or informalities in conducting
such the election shall invalidate the
same it , if the election shall have otherwise
been fairly conducted.
Any
(h) Any action or
proceeding, wherein proceeding contesting,
questioning, or denying the validity of the formation of the
improvement district or , of
any such the bonds , or of the
proceedings in relation thereto is contested, questioned or
denied, to the bonds shall be commenced within
three months 30 days from the date of
such election; otherwise, said election, or
the bonds and all proceedings in relation thereto
to the bonds , including the formation of the
improvement district, shall be held to be valid and in every respect
legal and incontestable.
SEC. 36. Section 30 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 30. Sec. 23. (a)
Any portion of the Bighorn Mountains
Bighorn-Desert View Water Agency , whether
contiguous or not to an improvement district thereof , may
be annexed to said the improvement
district in the following manner. A petition, which may consist of
any number of separate instruments, shall be filed with the secretary
of the agency, signed by holders of title to sixty percent
(60%) 60 percent or more of the land in the
portion proposed to be annexed, which land as so represented in
said the petition shall have an
assessed valuation of not less than fifty percent (50%)
50 percent of the land so proposed to be
annexed. The petition shall contain all of the following:
(a) a
(1) A description of the area
proposed to be annexed, which may be made by reference to a map on
file with the secretary of the agency, which map shall govern for all
details as to the extent of the area proposed to be annexed, or in
any other definite manner; (b) the manner.
(2) The terms and conditions upon
which said the proposed area may be
annexed as theretofore determined by resolution adopted by the board
of directors of the agency; and (c) a prayer that
agency.
(3) A request that the board of
directors declare such the area to be
annexed to the improvement district. Said
(b) The petition shall be
accompanied by a certified check payable to the order of the agency
in sufficient sum to reimburse said the
agency for expenses of processing and publishing the petition and
preparing and making the filings required by law.
Within
(c) Within 10 days of the date of
the filing of such petition the petition,
the secretary of the agency shall examine the same
it and ascertain whether or not such
the petition is signed by the required number of
property owners; and, if requested by the secretary of the agency,
the board of directors shall authorize him the
general manager to employ persons especially for that purpose,
in addition to the persons regularly employed in his or her
office, and shall provide for their compensation. When the
secretary of the agency general manager
has completed his or her examination of the petition, he
or she shall attach to the same his
it his or her certificate, properly dated, showing the
result of such the examination; and if
from such the examination he
shall find that said he or she finds the
petition is signed by the requisite number of property owners, or is
not so signed, he or she shall certify that the
same petition is sufficient, or insufficient, as
the case may be.
If
(d) If by the certificate of the
secretary of the agency general manager,
the petition is found to be insufficient, said
the petition may be amended by filing a
supplemental petition or petitions within 10 days of the date of
such the certificate. The
secretary of the agency general manager shall
, within 10 days after the filing of such
the supplemental petition or petitions,
make like examination of the same examine them
and certify to the result of such the
examination as hereinbefore provided.
If
(e) If by the certificate of the
secretary such general manager ,
the petition , or petition as amended, is shown to
be sufficient , the secretary shall cause notice of
hearing on the petition to be published and posted without
delay .
The
(f) The text of said
the petition shall be published pursuant to
Section 6066 of the Government Code prior to the time at which
the same it is to be presented to the
board of directors of the agency in at least one newspaper printed
and published in the Bighorn Mountains
Bighorn-Desert View Water Agency, if there is a newspaper
printed and published in such agency; the
agency, together with a notice stating the time and place of
the meeting at which the same the petition
will be presented. When contained upon one or more instruments
, only one copy only of such
the petition need be published. No more than
five of the names attached to said the
petition need appear in said the
publication of said the petition and
notice, but the number of signers shall be stated. Said
The notice and petition shall also be posted in
three public places in the improvement district and three public
places in the area proposed to be annexed, at least two weeks prior
to the hearing.
The
(g) The board of directors of the
agency shall proceed to hear the petition at the time and place
fixed therefor and any person residing within the agency or
improvement district or owning taxable property in said
the agency or improvement district shall be
entitled to appear and be heard at such the
hearing. Such The hearing may be
continued from time to time by the board of directors of the agency.
At the conclusion of the hearing, and if the board of directors finds
and determines from the evidence presented at said
the hearing that the area proposed to be annexed
to an improvement district will be benefited thereby, and that the
improvement district to which said area the
area is proposed to be annexed will also be benefited thereby
and will not be injured thereby, then and in such case
the board of directors of the agency may, by resolution,
approve such the annexation, describing
the territory so annexed, which may be by reference to a map on file
with the secretary of the agency , which shall govern for
all details as to the extent of the annexed area, or in any other
definite manner, and the terms and conditions of annexation as
theretofore determined by resolution of the board of directors.
From
(h) From and after the date of
the adoption of such the resolution
, the area named therein shall be deemed added to and
shall form a part of said the
improvement district and the taxable property therein shall be
subject to taxation thereafter for the purposes of said
the improvement district, including the payment
of the principal of and interest on bonds and other obligations of
such the improvement district at the
time authorized and outstanding at the time of said
the annexation as if said
the annexed property had always been a part of said
the improvement district, and the board of
directors of the Bighorn Mountains
Bighorn-Desert View Water Agency shall be empowered to do all
things necessary to enforce and make effective the terms and
conditions of annexation fixed as hereinabove
authorized in this section .
Any
(i) Any action or proceeding
wherein the validity of any such an
annexation is contested, questioned or denied must be commenced
within three months 30 days after the
date of issuance by the Secretary of State of his
certificate; otherwise said adoption of the resolution
approving the annexation, or the annexation shall be held to
be valid and in every respect legal and incontestable.
SEC. 37. Section 31 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 31. Sec. 24. (a)
If from such the returns it
appears that more than two-thirds of the votes cast in such
the election held pursuant to the provisions of
Section 28 21 or of Section 29
22 of this act, act
were in favor of and assented to the incurring of such
the proposed indebtedness, then the board of
directors may, by resolution, at such time or times as it deems
proper, issue bonds of the agency for the whole or any part of the
amount of the indebtedness so authorized, and may from time to time
provide for the issuance of such amounts as the necessity
thereof may appear are needed , until the full
amount of such the bonds authorized
shall have has been issued.
Said full amount of bonds Bonds may be divided
into two or more series and different dates may be fixed
for each of the series. The maximum term which
that the bonds of any series shall run before maturity
shall not exceed 40 years from the date of each series
respectively the series .
The
(b) The board of directors shall,
by resolution, prescribe the form of the bonds and the form
of the coupons attached thereto and fix the time when the
whole or any part of the principal shall become due and payable. The
payment of the first installment of principal may be deferred for a
period of not more than five years from the date of the bonds
or the date of the bonds of each series
respectively . The bonds shall bear interest at a rate or
rates not to exceed 7 percent per annum, payable
semiannually, except that interest for the first year may be payable
at the end of said year the rate permitted by Article
7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division
2 of Title 5 of the Government Code, payable on a fixed or variable
basis, or payable on the dates specified in the resolution
. The board of directors may also provide for call and
redemption of bonds prior to maturity at such times and prices and
upon such other terms as it may specify. A bond shall not be subject
to call or redemption prior to maturity unless it contains a recital
to that effect or unless a statement to that effect is printed
thereon.
The
(c) The denomination of the bonds
shall be stated in the resolution providing for their issuance, but
shall not be less than one hundred dollars ($100). The principal and
interest shall be payable in lawful money of the United States at the
office of the treasurer of the district or such other place or
places as may be designated, or at either place or places at the
option of the holder of the bond.
The
(d) The bonds shall be dated,
numbered consecutively, and be signed by the president and treasurer
of the agency, countersigned by the secretary of the agency, and the
official seal of the agency attached. The interest coupons
of such bonds shall be signed by the treasurer of said agency.
All such of these signatures
and countersignatures may be printed, lithographed, or mechanically
reproduced, except that one of said these
signatures or countersignatures to said bonds
shall be manually affixed.
If
(e) If the bond election
proceedings have been limited to and have applied only to an
improvement district within said the
agency, said the bonds are bonds of the
agency and shall be issued in the name of the agency and shall be
designated "Bonds of the Bighorn Mountains
Bighorn-Desert View Water Agency for Improvement District No.
___" and each bond and all interest coupons thereof
shall state that taxes levied for the payment thereof shall
be levied exclusively upon the taxable property in said
that improvement district.
Before
(f) Before selling the bonds, or
any part thereof, the board of directors shall give notice inviting
sealed bids in such manner as it may prescribe. If satisfactory bids
are received, the bonds offered for sale shall be awarded to the
highest responsible bidder. If no bids are received, or if
said the board determines that the bids received
are not satisfactory as to price or responsibility of the bidders,
it may reject all bids received, if any, and either readvertise or
sell the bonds at private sale negotiate the
sale of the bonds. The board of directors may determine by a
two-thirds vote of the total vote of the board that the interest of
the district and the public interest or necessity require that the
bonds may be sold at private sale upon those terms and conditions as
the board may deem necessary, convenient, or desirable. In addition
to interest paid on a bond or evidence of indebtedness of the
district, the board, in its discretion, may sell the bonds or
evidence of indebtedness at less than its par or face value, but not
at less than 94 percent of the par or face value thereof .
(g) The proceeds arising from the sale of bonds shall be paid into
the treasury of the agency and placed to the credit of a special
improvement fund and expended only for the purpose for which the
indebtedness was created; provided, however, that when said
t hat purpose has been accomplished
any moneys remaining in said the
special improvement fund may be transferred to the water
operating fund to be used for the payment of principal of and
interest on the bonds. Said remaining The
moneys remaining from the sale of bonds of the agency may also
be used for some other agency purpose. Such moneys
Moneys remaining from the sale of bonds of the agency for
an improvement district therein may also be used for any purpose
which that will benefit the property in
the improvement district. Said moneys may not be used for
said other agency purpose or improvement district purpose until
two-thirds of the qualified voters of said agency or improvement
district have consented thereto at a special election called in said
agency or improvement district by the board of directors. Notice of
said election shall be given in the manner provided for bond
elections in said agency or improvement district, as the case may be,
and in other respects the election shall be conducted as are other
agency elections.
(h) The bonds of the district shall be legal investment for all
trust funds and for the funds of all insurance companies, banks, both
commercial and savings, and trust companies, for state school funds,
and, whenever any moneys or funds may by law now or hereafter
enacted be invested in bonds of a city, county, or city and county,
school districts, and municipalities in the state, the moneys or
funds may be invested in bonds of the district, issued in accordance
with the provisions of this act. Whenever bonds of a city, county,
city and county, school district, or municipality may by law be used
as security for the performance of any act, the bonds of the district
may be so used.
SEC. 38. Section 32 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 32. Sec. 25. Any bonds issued
by the Bighorn Mountains Bighorn-Desert View
Water Agency are hereby given the same force, value and use as
bonds issued by any city and shall be exempt from all taxation within
the State of California.
SEC. 39. Section 33 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 33. Sec. 26. (a)
Whenever the board of directors deems it necessary to form
an improvement district of a portion of the agency for a purpose
other than the incurring of bonded indebtedness under Section
29 22 of this act it shall by
resolution so declare and state: (a) the
state all of the following:
(1) The purpose for which the
proposed improvement district is to be formed, (b) the
formed.
(2) The estimated expense of
carrying out said purpose , (c) that the
purpose.
(3) That the board intends to
form an improvement district of a portion of the agency
which that in the opinion of the board will be
benefited, the exterior boundaries of which portion are set forth on
a map on file with the secretary of the agency, which map shall
govern for all details as to the extent of the proposed improvement
district , (d) that district.
(4) That taxes for carrying out
said the purpose shall be levied
exclusively upon the taxable property in said
the proposed improvement district , (e) that
district.
(5) That a map showing the
exterior boundaries of said the
proposed improvement district, with relation to the territory
immediately contiguous thereto, is on file with the secretary of the
agency and is available for inspection by any person or persons
interested , (f) the interested.
(6) The time and place for a
hearing by the board on the questions of the formation of
said the proposed improvement district, the
extent thereof, the purpose for which it is to be formed, and the
estimated expense of carrying out said purpose and (g) that
the purpose.
(7) That at said
the time and place specified, any
person interested, including all persons owning property in the
agency or in the proposed improvement district , will be
heard. Notice heard.
(b) Notice of said
the hearing shall be given by publishing a copy
of the resolution pursuant to Section 6066 of the Government Code
prior to the time fixed for the hearing in a newspaper circulated in
the Bighorn Mountains Bighorn-Desert View
Water Agency, if there is a newspaper circulated therein.
Said This notice shall also be given by
posting a copy of said the resolution
in three public places within the proposed improvement district for
at least two weeks before the time fixed for said
the hearing.
At
(c) At the time and place
so fixed of the hearing , or at any
time or place to which the hearing is adjourned, the board shall
proceed with the hearing , at which hearing
any person interested, including all persons owning
property in the agency, or in the proposed improvement district, may
appear and present any matters material to the questions set forth in
the resolution. At the conclusion of the hearing the board shall
, by resolution , determine whether it is
necessary to form said the proposed
improvement district, and, if so, the resolution shall also state the
purpose for which the proposed improvement district is to be formed,
the estimated expense of carrying out said
the purpose, that the exterior boundaries of the
portion of the agency which that will
be benefited are set forth on a map on file with the secretary of the
agency, which map shall govern for all details as to the extent of
the improvement district, and that said the
portion of the agency set forth on said map,
the map shall thereupon constitute and be known as
"Improvement District (A, B, C, or other letter designation) of the
Bighorn Mountains Bighorn-Desert View
Water Agency," and the determinations made in said
the resolution shall be final and conclusive. After the
formation of such the improvement
district within the Bighorn Mountains
Bighorn-Desert View Water Agency pursuant to this section all
taxes levied for the carrying out of said purpose
for which the improvement district is formed shall be
levied exclusively upon the taxable property in the improvement
district.
A
(d) A copy of the resolution
forming the improvement district shall be published pursuant to
Section 6066 of the Government Code in a newspaper printed and
published in the agency, if there is a newspaper printed and
published in the agency, and a copy of said
the resolution shall also be posted in three public places
within the proposed improvement district for at least two weeks.
Said The resolution shall not be
effective until the 31st day after completion of said
publication and/or this posting , and, if
applicable, publication . If , before said
effective this date , a petition
signed by not less than 10 percent of the voters of the improvement
district requesting that an election be held on the formation thereof
is presented to the board of directors, said
the board shall call a special election in the improvement
district for the purpose of submitting the question of the formation
of the improvement district to the voters of said
the proposed improvement district.
The
(e) The board of directors shall
provide for holding such fix a date for this
special election on the day so fixed and in
accordance with the applicable
provisions of the Elections Code so far as the same shall be
applicable , except as herein otherwise provided. Notice
of the holding of such the election
shall be given by publishing the resolution calling the election
pursuant to Section 6066 of the Government Code prior to the date of
the proposed election, election in at
least one newspaper printed and published in the Bighorn
Mountains Bighorn-Desert View Water Agency, if
there is a newspaper printed and published in such
the agency. Such The
resolution shall also be posted in three public places in
such the improvement district not less than two
weeks prior to the date of the proposed election. No other notice of
such the election need be given.
The
(f) The returns of such
the election shall be made, the votes
canvassed by said board of directors within seven days following said
election, canvassed, and the results thereof
ascertained and declared in accordance with the applicable
provisions of the Elections Code so far as they may be
applicable , except as in this act otherwise provided. The
secretary of the board of directors, as soon as the result is
declared, shall enter in the records of such
the board a statement of such the
results. No irregularities or informalities in conducting
such the election shall invalidate the
same it , if the elections
election shall have otherwise been fairly conducted.
If
(g) If from such
the returns it appears that a majority of the
votes cast at such the election were in
favor of the formation of such the
improvement district, the formation of such
the improvement district shall be complete.
Any
(h) Any action or proceeding
wherein questioning, contesting, or denying
the validity of the formation of the improvement district
, or of any of the proceedings in relation thereto is
contested, questioned or denied to that formation
, shall be commenced within three months
30 days from the effective date of the resolution forming
such the district, or , if
an election is held, within three months 30
days from the date of such the
election, otherwise or the formation of
the improvement district , and all proceedings in
relation thereto, shall be held to be valid and in every respect
legal and incontestable.
SEC. 40. Section 34 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 34. Sec. 27. The board of
directors may advance general funds of the agency to accomplish the
purposes of an improvement district formed in accordance with
Sections 29 or 33 and, if the improvement district is formed under
Section 29, may and the district may repay the
agency from the proceeds of the sale of bonds authorized for
such purpose those purposes , or if
the improvement district is formed under Section 33 may, in the
formation of such improvement district, provide that the agency shall
be repaid with interest at not to exceed 7 percent from
the special taxes levied exclusively upon the taxable property in
said the improvement district , at
the rate of interest authorized by Article 7 (commencing
with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5
of the Government Code .
SEC. 41. Section 35 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 35. Sec. 28. Interest on any
bonds issued by the agency coming due before the proceeds of a tax
levied at the next general tax levy after the sale
of said the bonds are available, and
interest on any bonds issued by the agency coming due before the
expiration of one year following completion of the acquisition and
construction of the works and improvements for which the bonds were
issued may be paid from the proceeds of the sale of such
those bonds.
SEC. 42. Section 36 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 36. Land not a part of the
agency whether or not contiguous to it or to other portions added to
the agency, and consisting of any portion of the county wherein the
agency was formed or of any municipality therein, or of land in any
county contiguous to the county wherein the agency was formed or of
any municipality therein, may be included within the agency.
SEC. 43. Section 40 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 40. Ordinances may be passed by the voters
of the Bighorn Mountains Water Agency organized under the provisions
of this act in accordance with the methods provided by the Elections
Code for direct legislation in cities.
SEC. 44. Section 41 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 41. Ordinances may be disapproved and
thereby vetoed by the voters of this agency by proceeding in
accordance with the methods provided by the Elections Code for
protesting against legislation in cities.
SEC. 45. Section 42 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 42. It is the intention that the Bighorn
Mountains Water
Sec. 29. The Bighorn-Desert View Water
Agency shall not be disincorporated dissolved
until all bonded indebtedness shall have
been fully paid.
SEC. 46. Section 30 is added to the Bighorn-Desert View
Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 30. (a) The Bighorn-Desert View Water Agency shall separately
account for and use funds derived from the operation of the Desert
View Water District and the Bighorn Mountains Water Agency for the
purpose of bond debt service for each of the former systems.
(b) Nothing in this part shall be construed to impair any contract
entered into prior to January 1, 2014.
SEC. 47. Section 45 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 45. Nothing in this act shall be so
construed as repealing or in anywise modifying the provisions of any
other act relating to water or the supply of water to, or the
acquisition thereof, by cities within this state. The term "city," as
used in this act, shall mean and include any city or incorporated
town, whether organized or functioning under a freeholders' charter
or under the provisions of general laws. The word "agency" shall
apply, unless otherwise expressed or used, to the Bighorn Mountains
Water Agency formed under the provisions of this act, and the word
"board" and the words "board of directors" shall apply to the board
of directors of such agency. The term "indebtedness" shall mean all
indebtedness other than bonded indebtedness unless the latter is
expressly used. The meaning of the term "voter," as used in this act,
shall be ascertained by reference to Section 21 of the Elections
Code.
SEC. 48. Section 46 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 46. If there shall be a registrar of
voters, other than the county clerk, in the principal county in which
the Bighorn Mountains Water Agency is hereby incorporated, or
incorporated, under the provisions of this act, is situated, the
duties required by this act to be performed by the county clerk
respecting the nomination of candidates for offices of such water
agency and the holding of elections in such agency, shall be
performed by such registrar of voters.
SEC. 49. Section 48 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 48. Sec. 35. If any section,
subsection, sentence, clause, or phrase of this act or the
application thereof to any person or circumstance is for any reason
held invalid , the validity of the remainder of the act or
the application of such the provision
to other persons or circumstances shall not be affected
thereby . The Legislature hereby declares that it would
have passed this act and each section, subsection, sentence, clause,
and phrase thereof irrespective of the fact that one or more
sections, subsections, sentences, clauses, or phrases or the
application thereof to any person or circumstances may be
held invalid.
SEC. 50. Section 49 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is repealed.
Sec. 49. The inclusion in, or annexation or
addition to this agency, of the corporate area of any public
corporation or public agency shall not destroy the identity or legal
existence or impair the powers of any such public corporation or
public agency, notwithstanding the identity of purpose, or
substantial identity of purpose of this agency. No public corporation
or public agency having identity of purpose or substantial identity
of purpose shall be formed partly or entirely within this agency,
whether by incorporation or annexation, without the consent of the
board of directors of this agency.
SEC. 51. Section 50 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 3 of Chapter 950 of the
Statutes of 1985, is amended and renumbered to read:
Sec. 50. The agency,
Sec. 18 The board of directors, by ordinance
or resolution , may fix and impose , on or
before the first day of July in any calendar year, a water standby or
availability charge on lands within the agency or in any
improvement district thereof to which water is made available by the
agency through underground or by surface facilities, whether the
water is actually used or not. The standby charge shall not exceed
ten dollars ($10) per acre per year for each acre of land within the
agency or any improvement district thereof or ten dollars ($10) per
year for any parcel of less than one acre. The ordinance
fixing a Alternatively, the board of
directors may fix a water standby charge in accordance with the
provisions of the Uniform Standby Charge Procedures Act (Chapter 12.4
(commencing with Section 54984) of Part 1 of Division 2 of Title 5
of the Government Code). A standby charge shall be adopted by
the board only after adoption of a resolution setting forth
the particular schedule or schedules of charges proposed to be
established by ordinance and after two works' notice and a public
hearing. Notice to all landowners whose property may be made subject
to a water standby or availability charge shall be by publication
pursuant to Section 6061 of the Government Code and by first-class
mail addressed to each person or entity to whom land is assessed, as
shown on the last equalized roll of the county, at the address shown
on the assessment roll in compliance with the
applicable provisions of the California Constitution and state law
. The ordinance fixing a standby charge
board of directors may establish schedules varying the charges
according to land uses, water uses, and degree of water
availability. On or before the third Monday in August, the
board shall furnish in writing to the board of supervisors and the
county auditor of each affected county a description of each parcel
of land within the agency upon which a charge is to be levied and
collected for the current fiscal year, together with the amount of
standby charge fixed by the district on each parcel of land. The
board shall direct that, at the time and in the manner required by
law for the levying of taxes for county purposes, the board of
supervisors shall levy, in addition to any other tax it levies, a
standby charge in the amounts for the respective parcels fixed by the
board. All county officers charged with the duty of collecting taxes
shall collect agency standby charges with the regular tax payments
to the county. The board of directors shall certify to
the county board of supervisors the charge or charges so fixed in
accordance with the applicable procedures of the county. The
charges shall be collected in the same form and manner as county
taxes are collected and shall be paid to the agency. Charges fixed by
the agency shall be a lien on all the property benefited
thereby charged pursuant to this section . Liens
for the charges shall be of the same force and effect as other liens
for taxes, and their collection may be enforced by the same means as
provided for the enforcement of liens for state and county taxes.
Notwithstanding any other provision, the water standby or
availability charge for Improvement District "B" of the agency and
the charge for any improvement district of the agency formed after
January 1, 1986, shall not exceed thirty dollars ($30) per year for
each acre of land within the improvement district, or thirty dollars
($30) per year for any parcel of less than one acre within the
improvement district.
SEC. 52. Section 51 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969), as amended by Section 5 of Chapter 1035 of the
Statutes of 1982, is repealed.
Sec. 51. The agency may issue negotiable
promissory notes pursuant to this section, bearing interest at a rate
not to exceed the rate specified in Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code, for the purpose of acquiring funds to finance the
construction or acquisition of administrative offices, construction
headquarters, commercial offices, or facilities for similar agency
purposes and for the acquisition of land for agency purposes. The
maturity of such promissory notes shall not be later than 10 years
from the date thereof. The total aggregate amount of such notes
outstanding at any one time may be at least equal to one hundred
thousand dollars ($100,000), but shall not exceed the lesser of
either five hundred thousand dollars ($500,000) or 1 percent of the
assessed valuation of the taxable property in the agency or, if the
assessed valuation is not obtainable, 1 percent of the county auditor'
s estimate of the assessed valuation of the taxable property in the
agency evidenced by his certificate. Promissory notes issued pursuant
to subdivision 11 of Section 15 may be disregarded in computing the
aggregate amount of notes that may be issued pursuant to this
section.
SEC. 53. Section 52 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 52. Sec. 31. (a)
Whenever the board deems it necessary to incur a bonded
indebtedness for the acquisition, construction, completion,
replacement, or repair of any or all improvements, works, or
property mentioned in this law act and
to provide for such that bonded
indebtedness to be payable from taxes levied upon an uninhabited
portion of the agency, the board shall, by resolution, declare its
intention to form an uninhabited improvement district in
such that portion of the agency and to incur
such the indebtedness.
For
(b) For the purposes of this
law section, the portion of the agency
formed into an uninhabited improvement district shall be deemed
uninhabited if less than 12 voters reside therein
within the district at the time of the formation
thereof of the district .
The
(c) The resolution of
intention shall state that the board of directors intends
to form an improvement district of an uninhabited portion of the
agency which , in the opinion of the board ,
will be benefited, and to incur indebtedness by the issuance of bonds
of the agency for such that
uninhabited improvement district.
The resolution of intention shall also state all of the
following :
(a)
( 1) The purpose for which the proposed debt
is to be incurred.
(b)
( 2) The amount of debt to be incurred,
which may include expenses of all proceedings for the authorization,
issuance, and sale of the bonds.
(c)
( 3) That taxes for the payment of the bonds
and the interest thereon will be levied exclusively upon the taxable
property in the uninhabited improvement district.
The resolution of intention shall also state that
(4) That a general description of
the proposed improvement, together with a map showing the exterior
boundaries of the proposed uninhabited improvement district with
relation to the territory immediately contiguous thereto and to the
proposed improvement is on file with the secretary
agency and is available for inspection by any person or
persons interested. This map shall govern for all details as to the
extent of the proposed uninhabited improvement district.
The resolution of intention shall also state:
(a)
(5) The time and place for a hearing by the board
of directors on the questions of the formation and extent of
the proposed uninhabited improvement district, the proposed
improvement, and the amount of debt to be incurred.
(b)
(6) That at the time and place specified in the
resolution any person interested will be heard, and that any owner of
property within the proposed uninhabited improvement district may
file with the secretary agency at any
time prior to the time set for the hearing thereon
written protest to the formation of the proposed uninhabited
improvement district.
Notice
(d) Notice of the hearing shall
be given by publishing a copy of the resolution pursuant to Section
6066 of the Government Code prior to the time fixed for the hearing
in a newspaper circulated in the agency, if there is a newspaper
circulated in the agency. Such notice Notice
shall also be given by posting a copy of the resolution of
intention in three public places within the proposed uninhabited
improvement district for at least two weeks before the time fixed for
the hearing.
A
(e) A copy of the resolution of
intention shall also be mailed, postage prepaid, to each person to
whom land in the proposed uninhabited improvement district is
assessed as shown on the last equalized county assessment roll, at
his or her address as shown upon the roll, and to any
person, whether owner in fee or having a lien upon, or legal or
equitable interest in, any land within the proposed uninhabited
improvement district, whose name and address and a designation of the
land in which he or she is interested is on file with the
secretary agency .
At
(f) At the time and place fixed
in the resolution of intention, or at any time or place to which the
hearing is adjourned, the board shall proceed with the hearing. At
the hearing any person interested may appear and present any matters
material to the questions set forth in the resolution. Also at the
hearing the board shall hear and pass upon all written protests filed
by the owners of property within the proposed uninhabited
improvement district.
If
(g) If written protests are filed
by the owners of one-half of the value of the property within the
proposed uninhabited improvement district, as shown by the last
equalized assessment roll of the county, further proceedings shall
not be taken. If such written protests
are not made filed by the owners of one-half
of the value of the property, the board shall by resolution
determine whether it is necessary to incur the bonded indebtedness
and if so, the resolution shall also state all of the following
:
(a)
( 1) The purpose for which the proposed debt
is to be incurred.
(b)
( 2) The amount of the proposed debt.
(c)
( 3) That the exterior boundaries of the
portion of the agency which that will
be benefited are set forth on a map on file with the secretary, which
map shall govern for all details as to the extent of the uninhabited
improvement district.
(d)
( 4) That such the
portion of the agency set forth on the map shall thereupon
constitute and be known as "Improvement District No. ...... of ......
Bighorn Mountains Bighorn-Desert View
Water Agency". Agency."
The
(h) The determinations made in
the resolution of formation shall be final and conclusive.
After
(i) After the formation of the
uninhabited improvement district pursuant to this law the board may,
by resolution, at such the time or
times as that it deems proper, issue
bonds of the agency, pursuant to Section 31 of this law,
agency for the whole or any part of the amount
of the indebtedness authorized by the resolution of formation. All
taxes levied for the payment of the bonds and the interest thereon
shall be levied exclusively upon the taxable property in the
uninhabited improvement district.
Any
(j) Any action or proceeding
in which contesting, questioning, or denying
the validity of the formation of an uninhabited improvement
district or of any of the proceedings in relation thereto is
contested, questioned, or denied shall be commenced within
three months 30 days from the date of
the resolution forming district; otherwise
that district, or the formation of the uninhabited improvement
district and all proceedings in relation thereto shall be held to be
valid and in every respect legal and incontestable.
The
(k) The board may
advance general funds of the agency to accomplish the purposes of an
improvement district formed pursuant to this law
section .
The
(l) The board may repay the
agency for any advance of funds from the proceeds of the sale of
bonds authorized for the purposes of the improvement district.
SEC. 54. Section 53 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 53. Sec. 32. (a)
The board, by resolution, may initiate proceedings for the
annexation of territory to an improvement district within
the agency whether contiguous or not to an
the improvement district to such improvement district
.
The
(b) The resolution proposing
annexation shall do all of the following :
(a)
( 1) Declare that proceedings have been
initiated by the board pursuant to this law.
(b)
( 2) State the reason for proposing the
annexation.
(c)
( 3) Set forth a description of the area
proposed to be annexed, which may be made by reference to a map on
file with the secretary of the agency which map shall govern for all
details as to the extent of the area proposed to be annexed.
(d)
( 4) State the terms and conditions of the
annexation.
(e)
( 5) State that the holders of title to any
of the land sought to be annexed may file written protests with the
secretary to the annexation or the annexation upon such
those terms and conditions.
(f)
( 6) Fix the time and place of a meeting at
which the board will receive written protests theretofore
filed with the secretary, receive additional written
protests, and hear from any and all persons interested in the
annexation.
The
(c) The text of the resolution
proposing annexation shall be published, pursuant to Section 6066 of
the Government Code, prior to the time of hearing in at least one
newspaper printed and published in the agency, if there is a
newspaper published and printed in the agency.
A
(d) A copy of the resolution
proposing annexation shall also be posted in three public places
within the improvement district and three public places in the area
proposed to be annexed at least two weeks prior to the hearing.
The
(e) The board shall proceed with
the hearing at the time and place fixed therefor and may continue the
hearing, if need be, from time to time. All interested persons
will shall be heard at the hearing.
If
(f) If written protests are filed
by the holders of title of one-half of the value of the territory
proposed to be annexed as shown by the last equalized assessment roll
of each county in which the territory is situated, further
proceedings shall not be taken, and the board shall refuse the
annexation by a resolution so stating.
If
(g) If written protest is not made
by the owners of one-half of the value of the territory proposed to
be annexed, and if, at the conclusion of the hearing, the board finds
and determines for the evidence presented at the hearing that the
area proposed to be annexed to an improvement district will be
benefited thereby, and that the improvement district to which the
area proposed to be annexed will also be benefited thereby and will
not be injured thereby, the board may, by resolution, approve
such the annexation.
The
(h) The resolution shall describe
the territory annexed, which may be by reference to a map on file
with the secretary, which map shall govern for all details as to the
extent of the annexed area. The resolution shall also state the terms
and conditions of annexation as theretofore
determined by resolution of the board.
If
(i) If the board finds and
determines that either the area proposed to be annexed to the
improvement district will not be benefited thereby or that the
improvement district to which the area is proposed to be annexed will
not be benefited thereby and or will
be injured thereby, the board shall by resolution disapprove
such the annexation.
From
(j) From and after the date of
the adoption of the resolution approving the annexation, the area
described therein is added to and forms a part of the improvement
district.
The
(k) The taxable property in the
annexed area shall be subject to taxation after the annexation
thereof for the purposes of the improvement district, including the
payment of the principal of and interest on bonds and other
obligations of the improvement district authorized and outstanding at
the time of the annexation as if the annexed property had always
been a part of the improvement district.
The
(l) The board may do all things
necessary to enforce and make effective the terms and conditions of
annexation fixed by it.
Any
(m) Any action or proceeding
in which contesting, questioning, or denying
the validity of an annexation to an improvement district
pursuant to this section is contested, questioned, or denied
shall be commenced within three months
30 days after the date of the resolution of the board
approving the annexation of the territory to an improvement
district; otherwise, district, or the annexation
shall be held valid and in every respect legal and incontestable.
SEC. 55. Section 53.1 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 53.1. Sec. 32.5.
Notwithstanding the provisions of Section 53
32 , if the petition for annexation of land to an improvement
district formed under Section 33 26 is
signed by all of the holders of title of land in the portion proposed
to be annexed, the board may proceed and act thereon without notice
and hearing, but shall otherwise comply with the applicable
provisions of this law.
SEC. 56. Section 53.2 of the
Bighorn-Desert View Water Agency Law (Cha pter
1175 of the Statutes of 1969) is amended and renumbered to read:
Sec. 53.2. Sec. 33. (a)
Proceedings to exclude territory from an improvement
district, formed pursuant to Section 33 26
, may be initiated by the board upon its own motion, or shall
be initiated by the board upon receipt of a petition for exclusion
signed by not less than 10 percent of the voters of the area proposed
to be excluded , which states reasons such .
The petition shall state reasons that the exclusion will be
beneficial to the agency or the improvement district or the territory
to be excluded.
Upon
(b) Upon adoption of
said a motion to initiate exclusion proceedings
or upon receipt of said a petition for
exclusion, the board shall adopt a resolution of intention to exclude
which shall state all of the following :
(a)
( 1) The method by which said
the exclusion proceedings were initiated; by
motion of the board or by petition of voters.
(b)
( 2) That taxes for carrying out the purpose
of the improvement district will not be levied upon taxable property
in the excluded territory following such the
exclusion in the event such the
territory is excluded.
(c)
( 3) That following such
the exclusion, the taxable property in the territory
remaining in said the improvement
district shall continue to be levied upon and taxed to provide funds
for the purposes of said the
improvement district.
The resolution of intention to exclude shall also state that
(4) That a map showing the
exterior boundaries of the proposed territory to be excluded, with
relation to the territory remaining in said
the improvement district, is
on file with the secretary and is available for inspection by
any person or persons interested. This map shall govern for all
details as to the extent of the proposed exclusion.
This map shall govern for all details as to the extent of the
proposed exclusion.
The resolution of intention shall also state:
(a)
( 5) The time and place for a hearing by the
board on the questions of the proposed exclusion and the effect of
such the exclusion upon the agency, the
improvement district and the territory to be excluded.
(b)
( 6) That at such
that time and place any person interested, including all
persons owning property in the agency or in the improvement district,
will be heard.
Notice
(c) Notice of the hearing shall be
given by publishing a copy of the resolution of intention to
exclude, pursuant to Section 6066 of the Government Code, prior to
the time fixed for the hearing in a newspaper circulated in the
agency, if there is a newspaper printed and published in the agency.
Such This notice shall also be given by
posting a copy of the resolution of intention to exclude in three
public places within the affected improvement district for at least
two weeks before the time fixed for the hearing.
At
(d) At the time and place
so fixed in the resolution of intention to
exclude, or at any time or place to which the hearing is adjourned,
the board shall proceed with the hearing. At the hearing any person
interested, including any person owning property in the agency, or in
the improvement district may appear and present any matters material
to the questions set forth in the resolution of intention to
exclude.
At
(e) At the conclusion of the
hearing, the board shall by resolution determine whether it is
necessary or desirable to exclude said the
territory. If so, the resolution shall also state both of
the following :
(a)
( 1) The reasons why such
the exclusion is necessary or desirable.
(b)
( 2) That the exterior boundaries of the
improvement district following such the
exclusion are set forth on a map on file with the secretary, which
map shall govern all details as to the extent of said, then
existing, the resulting improvement district.
The
(f) The determinations made in
the resolution of exclusion shall be final and conclusive.
After
(g) After the exclusion of
territory from the improvement district pursuant to this section, all
taxes levied for the carrying out of said
the improvement district's purpose shall be levied exclusively
upon the taxable property in the improvement district as then
constituted.
A
(h) A copy of the resolution of
exclusion shall be published pursuant to Section 6066 of the
Government Code in a newspaper printed and published in the agency,
if there is a newspaper printed and published in the agency. A copy
of the resolution shall also be posted in three public places within
the improvement district for at least two weeks.
The
(i) The resolution of exclusion
shall not be effective until the 31st day after completion of the
publication and posting.
Any
(j) Any action or proceeding
in which contesting, questioning, or denying
the validity of the exclusion of territory from the improvement
district or of any of the proceedings in relation thereto
is contested, questioned, or denied shall be commenced
within three months 30 days from the
effective date of the resolution of exclusion; otherwise,
exclusion, or the exclusion and all proceedings
in relation thereto shall be held to be valid and in every respect
legal and incontestable.
SEC. 57. Section 54 of the
Bighorn-Desert View Water Agency Law (Chapter 1175 of the
Statutes of 1969) is amended and renumbered to read:
Sec. 54. Sec. 34. (a)
Notwithstanding any other provision herein, whenever the
board deems it necessary for any improvement district formed pursuant
to this act to be dissolved, it shall by resolution declare its
intention to dissolve the improvement district.
As
(b) As used in this act,
"improvement district" includes an uninhabited improvement district
formed pursuant to Section 52 31 .
(c) The resolution of intention shall state:
(a)
( 1) The reason why the improvement district
should be dissolved.
(b) If the improvement district was formed pursuant to Section 29
or Section 52 of this act, that
(2) That no bonds have
bond, indebtedness, or liability has been issued
or incurred for the improvement district or are
that remains outstanding.
(c) If the improvement district was formed pursuant to Section 33
of this act, that no indebtedness or liability was incurred for the
improvement district or is outstanding.
(d)
(3) That a map showing the exterior boundaries of the
improvement district, with relation to the territory immediately
contiguous thereto, is on file with the secretary and is available
for inspection by any person or persons interested.
(e)
( 4) The time and place for a hearing by the
board on the question of the dissolution of the improvement
district.
(f)
( 5) That at such
that time and place for the hearing any person
interested, including all persons owning property in the agency or in
the improvement district will be heard.
Notice
(d) Notice of the hearing shall
be given by publishing a copy of the resolution, pursuant to Section
6066 of the Government Code, prior to the time fixed for the hearing
in a newspaper circulated in the agency, if there is a newspaper
circulated in the agency. Such This
notice shall also be given by posting a copy of the resolution in
three public places within the improvement district for at least two
weeks before the time fixed for the hearing.
At
(e) At the time and placed fixed
in the resolution of intention, or at any time or place to which the
hearing is adjourned, the board shall proceed with the hearing. At
the hearing any person interested, including all persons owning
property in the agency, or in the improvement district, may appear
and present any matters material to the proposed dissolution.
At
(f) At the conclusion of the
hearing the board shall , by ordinance
resolution, determine whether it is necessary to dissolve
the improvement district. If so, the ordinance
resolution shall state that the exterior boundaries of the
improvement district are set forth on a map on file with the
secretary and shall declare the improvement district dissolved. The
determinations made in the ordinance
resolution shall be final and conclusive.
When
(g) When the ordinance
resolution declaring an improvement district
dissolved becomes effective, the dissolution of such
the improvement district is complete.
The
(h) The taxable property within
the boundaries of the dissolved improvement district shall continue
to be taxed for any indebtedness of the agency contracted for
such the dissolved improvement district
until the indebtedness has been satisfied, to the same extent that
such the property would be taxable for
such that purpose if the dissolution
had not occurred.
Any
(i) Any action or proceeding
in which contesting, questionin g,
or denying the validity of the dissolution of an improvement
district, or of any of the proceedings in relation thereto,
is contested, questioned, or denied shall be commenced
within three months 30 days from the
effective date of the ordinance resolution
dissolving the improvement district ; otherwise,
, or the dissolution of the improvement district
and, all proceedings in relation thereto, shall be held to be valid
and in every respect legal and incontestable.
After
(j) After a bond election has
been held in an improvement district formed pursuant to
Section 29 of this law and less than two-thirds of the
votes cast in such the election were in
favor of the measure , the board may within one year of
the date of such that election ,
call and hold another election as provided in Sections
28 and 29 of this law for the purpose of resubmitting
said the measure to the electors of
said the improvement district. If
said the measure is not so resubmitted
said , the improvement district, on the
anniversary date of the election, is dissolved without further
action by the board. If said the
measure is resubmitted and fails to receive more than two-thirds of
the votes cast in such the election in
favor of said the measure said
, the improvement district is dissolved
following the canvass of the election returns.
SECTION 1. Section 33305 of the Water Code is
amended to read:
33305. (a) The consolidated successor district shall separately
account for and use funds derived from the operation of the Desert
View Water District and the Bighorn Mountains Water Agency for the
purpose of bond debt service for each of the former systems.
(b) Nothing in this part shall be construed to impair any contract
entered into prior to January 1, 2014.