Amended in Senate April 23, 2013

Amended in Senate April 4, 2013

Senate BillNo. 246


Introduced by Senator Fuller

February 12, 2013


An act to 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. 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 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 eliminating the misdemeanor for ordinance violations and making a violation of certain regulations an infraction instead of misdemeanor, as prescribed.

begin insert

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

end insert
begin insert

This bill would make legislative findings demonstrating these in regard to the limitation of certain public posting requirements by the bill.

end insert

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

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

P2    1

SECTION 1.  

Part 9.2 (commencing with Section 33300) of
2Division 12 of the Water Code is repealed.

3

SEC. 2.  

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

6

Section 1.  

This act is designated, and may be cited and referred
7to as, the “Bighorn-Desert View Water Agency Law.”

8

SEC. 3.  

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

10

Sec. 2.  

The Bighorn-Desert View Water Agency, formed by
11the consolidation of agencies authorized pursuant to former Part
129.2 (commencing with Section 33300) of Division 12 of the Water
13Code, is hereby created, organized, and incorporated and shall be
14managed as herein expressly provided and may exercise the powers
15herein expressly granted or necessarily implied, and may include
P3    1contiguous or noncontiguous parcels of both unincorporated and
2incorporated territory and shall include all territory lying within
3the following described boundaries:

4All that real property situate in the County of San Bernardino,
5State of California, more particularly described as follows:

6(a) Township 3 North, Range 4 East, San Bernardino Base and
7Meridian:

8Section 7

9Section 8

10Section 11

11South 12 Section 2

12Southwest14 Section 12

13Section 13, excluding the North12 of the Northeast 14

14Section 14

15Section 15

16Section 16

17Section 17

18East12 Section 18

19Northeast14, Northeast14, Section 20

20North 12 Section 21

21North12 Section 22

22(b) Township 3 North, Range 5, East, San Bernardino Base and
23Meridian:

24South12, Southwest14, Section 4

25Section 8

26Section 9, excluding the Northeast 14

27Southwest14 Section 10

28Section 13

29South 12 Section 14

30Section 15, excluding the Northeast 14

31Section 16

32Section 17

33Section 18

34Section 21

35Section 22

36Section 23

37Section 24

38West12 Section 26

39Section 27

40Southeast14 Section 33

P4    1Section 34

2Section 35, excluding the Northeast 14

3West 12, Northwest 14, Southwest 14, Section 36

4Northeast 14, Northwest 14, Southwest 14, Section 36

5(c) Township 2 North, Range 5 East, San Bernardino Base and
6Meridian:

7Section 2

8Section 3

9Section 10

10Section 11

11Section 12

12Section 13

13Section 14

14Section 15

15Section 22

16Section 23

17Section 26

18Section 27

19Section 34

20(d) Township 2 North, Range 6 East, San Bernardino Base and
21Meridian:

22Section 5

23Section 6

24Section 7, except certain parcels described as:

25630-032-04 W 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

26630-032-05 E 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
27RDS

28630-032-09 W 12 NE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX
29RD

30630-032-10 W 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX
31RD

32630-032-11 W 12 NE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
33RD

34630-032-15 E 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

35630-032-49 W 12 SE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
36W 100 FT S 422 FT THEREOF AND EX RDS

37630-041-26 W 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E EX
38RD MNL RTS AS RESERVED BY USA 5 AC

39630-041-30 E 12 SE 14 SW 14 NE 14 SEC 7 TP 2N R 6E 5 AC

40630-041-39 W 12 SE 14 NE 14 NE 14 SEC 7 TP 2N R 6E 5 AC

P5    1630-041-42 N 280 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N
2R 6E EX RD

3630-041-54 N 130 FT S 380 FT W 14 SE 14 SW 14 NE 14 SEC
47 TP 2N R 6E 5 EX RD

5630-041-55 S 250 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N
6R 6E 5 EX RD

7630-041-56 N 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E
8EX RD

9630-041-57 S 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E

10Section 18, except certain parcels described as:

11630-021-18 E 12 SW 14 NW 14 NE 14 SEC 18 TP 2N R 6E EX
12RD

13630-021-67 N 12 E 12 NW 14 NW 14 NE 14 SEC 18 TP 2N R
146E EX S 130 FT W 100 FT E 230 FT THEREOF AND EX MNL
15RTS AS RESERVED BY USA EX RDS

16West 12, Section 19

17

SEC. 4.  

Section 3 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969), as added by Section
193 of Chapter 570 of the Statutes of 1989, is repealed.

20

SEC. 5.  

Section 5 of the Bighorn-Desert View Water Agency
21Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
224 of Chapter 570 of the Statutes of 1989, is amended and
23renumbered to read:

24

Sec. 3.  

The Board of Directors of the Bighorn-Desert View
25Water Agency organized under this act shall consist of five
26members, each of whom shall be a resident of the agency, and
27shall hold office until his or her successor is elected. All successors
28of the first board shall be elected or chosen at the time and in the
29manner provided in the Uniform District Election Law (Part 4
30(commencing with Section 10500) of Division 10 of the Elections
31Code).

32

SEC. 6.  

Section 7 of the Bighorn-Desert View Water Agency
33Law
(Chapter 1175 of the Statutes of 1969) is amended and
34renumbered to read:

35

Sec. 4.  

No person shall vote at any Bighorn-Desert View Water
36Agency election who is not a voter within the meaning of the
37Elections Code.

38In case the boundary line of the Bighorn-Desert View Water
39Agency crosses the boundary line of a county election precinct
40only those voters within the Bighorn-Desert View Water Agency
P6    1and within the precinct who are registered as being voters within
2the Bighorn-Desert View Water Agency shall be permitted to vote,
3and for that purpose the county clerk or registrar of voters is hereby
4empowered to provide two sets of ballots within these precincts,
5one containing the names of candidates for office in the
6Bighorn-Desert View Water Agency, and the other not containing
7the names, and it shall be the duty of the election officers in these
8precincts to furnish only those persons registered as voters within
9the Bighorn-Desert View Water Agency with the ballots upon
10which are printed the names of the candidates for office in the
11Bighorn-Desert View Water Agency.

12

SEC. 7.  

Section 8 of the Bighorn-Desert View Water Agency
13Law
(Chapter 1175 of the Statutes of 1969) is amended and
14renumbered to read:

15

Sec. 5.  

The provisions of the Elections Code so far as they may
16be applicable shall govern all general and special Bighorn-Desert
17View Water Agency elections, except as otherwise provided in
18this act.

19

SEC. 8.  

Section 8 is added to the Bighorn-Desert View Water
20Agency Act
(Chapter 1175 of the Statutes of 1969), to read:

21

Sec. 8.  

For attending a meeting of the board of directors, each
22of the members of the board of directors shall receive compensation
23in an amount not to exceed the maximum amount authorized by
24Chapter 2 (commencing with Section 20200) of Division 10 of the
25Water Code.

26

SEC. 9.  

Section 9 of the Bighorn-Desert View Water Agency
27Law
(Chapter 1175 of the Statutes of 1969) is repealed.

28

SEC. 10.  

Section 9 is added to the Bighorn-Desert View Water
29Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

30

Sec. 9.  

Any vacancy in the board of directors shall be filled
31pursuant to Article 2 (commencing with Section 1770) of Chapter
324 of Division 4 of Title 1 of the Government Code.

33

SEC. 11.  

Section 10 of the Bighorn-Desert View Water Agency
34Law
(Chapter 1175 of the Statutes of 1969) is amended and
35renumbered to read:

36

Sec. 6.  

Every incumbent of an elective office, whether elected
37by popular vote for a full term, or chosen by the board of directors
38to fill a vacancy, is subject to recall by the voters of the
39 Bighorn-Desert View Water Agency in accordance with the recall
P7    1provisions of the Elections Code of the state with reference to
2cities.

3

SEC. 12.  

Section 10 is added to the Bighorn-Desert View Water
4Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

5

Sec. 10.  

By a majority vote of the board of directors, the board
6shall appoint an attorney, chief engineer, general manager, and
7auditor, define their duties, and fix their compensations. The
8attorney, chief engineer, general manager, and auditor each shall
9serve at the pleasure of the board of directors. A member of the
10board of directors shall not serve as the appointed attorney, chief
11engineer, general manager, or auditor.

12

SEC. 13.  

Section 11 of the Bighorn-Desert View Water Agency
13Law
(Chapter 1175 of the Statutes of 1969) is amended and
14renumbered to read:

15

Sec. 7.  

The board of directors shall be the governing body of
16the Bighorn-Desert View Water Agency. The board of directors
17shall, by resolution, provide for the date, time, and place of holding
18of its meetings. All meetings of the board of directors, whether
19regular or special, shall be open to the public. A majority of the
20board of directors shall constitute a quorum for the transaction of
21business. At its first meeting in the month of January in each
22even-numbered year, the board of directors shall choose from
23among its members a president, vice president, and secretary.

24

SEC. 14.  

Section 11 is added to the Bighorn-Desert View Water
25Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

26

Sec. 11.  

The general manager shall:

27(a) Have full charge and control of the maintenance, operation,
28and construction of the waterworks of the agency.

29(b) Have full power and authority to employ and discharge all
30employees and assistants at pleasure.

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

32(d) Fix and alter the compensation of employees and assistants
33subject to approval by the board of directors.

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

35(f) Report to the board of directors in accordance with rules and
36regulations adopted by the board.

37

SEC. 15.  

Section 12 of the Bighorn-Desert View Water Agency
38Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
392 of Chapter 696 of the Statutes of 1984, is amended to read:

P8    1

Sec. 12.  

The board of directors shall act only by ordinance,
2resolution, or minute order. No ordinance, resolution, or minute
3order shall be passed or become effective without the affirmative
4vote of a majority of the members of the board. The enacting clause
5of all ordinances passed by the board shall be: “Be it ordained by
6the Board of Directors of the Bighorn-Desert View Water Agency
7as follows:” Except as otherwise required by law, ordinances shall
8be adopted by one of the following procedures:

9(a) A copy of the full text of the ordinance shall be posted in
10the office of the agency at least five days prior to the board meeting
11at which the ordinance is to be amended. Within 21 days after
12passage of an ordinance, the general manager shall cause the
13ordinance to be published at least once in a newspaper of general
14circulation published and circulated within the agency’s boundaries
15and shall cause the ordinance to be posted in at least three public
16places. An ordinance shall not be published in a newspaper if the
17charge exceeds the customary rate charged by the newspaper for
18publication of private legal notices, but summaries of the ordinance
19shall be published as provided in subdivision (b) or (c).

20(b) The general manager may cause a summary of the ordinance
21or amendment to be published at least once in a newspaper of
22general circulation, and a copy of the full text of the ordinance or
23amendment shall be posted in the office of the agency at least five
24days prior to the board meeting at which the ordinance or
25amendment is to be adopted. Within 15 days after adoption of the
26ordinance or amendment, the general manager shall cause the
27ordinance or amendment to be published at least once in a
28newspaper of general circulation, published, and circulated within
29the agency’s boundaries, and shall cause the ordinance or
30amendment to be posted in at least three public places.

31(c) If the general manager determines that it is not feasible to
32prepare a fair and adequate summary of the ordinance or
33amendment, the general manager shall cause a display
34advertisement of the full text of the ordinance or amendment of at
35least one-sixth of a page to be published in a newspaper of general
36circulation and a copy of the full text of the ordinance or
37amendment to be posted in the office of the agency at least five
38days prior to the board meeting at which the ordinance or
39amendment is to be adopted. Within 21 days after adoption, a
P9    1display advertisement of a similar size shall be published and the
2full text posted in at least three public places.

3

SEC. 16.  

Section 13 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is repealed.

5

SEC. 17.  

Section 13 is added to the Bighorn-Desert View Water
6Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

7

Sec. 13.  

The voters of the Bighorn-Desert View Water Agency
8may pass an initiative in accordance with the methods provided
9by Chapter 3 (commencing with Section 9200) of Division 9 of
10the Elections Code for a city.

11

SEC. 18.  

Section 14 of the Bighorn-Desert View Water Agency
12Law
(Chapter 1175 of the Statutes of 1969) is repealed.

13

SEC. 19.  

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

15

Sec. 14.  

The voters of the Bighorn-Desert View Water Agency
16may disapprove and thereby veto an ordinance by proceeding in
17accordance with the methods provided by Chapter 3 (commencing
18with Section 9200) of Division 9 of the Elections Code for a
19referendum in a city.

20

SEC. 20.  

Section 15 of the Bighorn-Desert View Water Agency
21Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
221 of Chapter 950 of the Statutes of 1985, is amended to read:

23

Sec. 15.  

The Bighorn-Desert View Water Agency, which may
24exercise only the powers expressly granted and those necessarily
25implied by this act, has all of the following powers:

261. To have perpetual succession.

272. To sue and be sued in all actions and proceedings in all courts
28and tribunals of competent jurisdiction.

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

304. To take by grant, purchase, gift, devise, condemnation, or
31lease, hold, use, enjoy, and to lease, with or without the privilege
32of purchase, sell, or dispose of real and personal property of every
33kind, within or without the agency.

345. To acquire, or contract to acquire, waterworks or a waterworks
35system, waters, water rights, lands, rights and privileges, and
36construct, maintain, and operate water wells, conduits, pipelines,
37reservoirs, works, machinery, and other property useful or
38necessary to produce, store, convey, supply, or otherwise make
39use of water for a waterworks plant or system for the benefit of
40the agency, and to complete, extend, enlarge, add to, repair, or
P10   1otherwise improve any waterworks or waterworks system acquired
2by the agency.

36. To construct, maintain, improve, and operate public
4recreational facilities appurtenant to any waterworks and to provide
5regulations binding upon all persons to govern the use of those
6facilities, including regulations imposing reasonable charges for
7the use thereof. Violation of any such regulation is an infraction
8punishable by a fine of not more than three hundred dollars ($300).

97. To sell water to other public agencies within the
10Bighorn-Desert View Water Agency and to the inhabitants of the
11territory of those public agencies for use within the Bighorn-Desert
12View Water Agency. The Bighorn-Desert View Water Agency
13may, whenever the board of directors finds that there is a surplus
14of water above that which may be required by consumers within
15the Bighorn-Desert View Water Agency, sell or otherwise dispose
16of surplus water to any persons, firms, public or private
17corporations, public agencies, or other consumers.

188. To supply and deliver water to property not subject to agency
19taxes at special rates, terms, and conditions as determined by the
20board of directors.

219. To restrict the use of agency water during any emergency
22caused by drought, or other threatened or existing water shortage,
23and to prohibit the wastage of agency water or the improper use
24of agency water during those periods, in accordance with Chapter
253 (commencing with Section 350) of Division 1 of the Water Code.

2610. To make contracts, employ labor, and do all acts necessary
27for the full exercise of the above powers.

2811. To provide for the pensioning of officers or employees and
29the creation of a special fund for the purpose of paying the
30pensions, and the accumulation of contributions to the fund from
31the revenues of the agency, the wages of officers or employees,
32voluntary contributions, gifts, donations, or any source of revenue
33not inconsistent with the general powers of the board, and to
34contract with any insurance corporation or any other insurance
35carrier for the maintenance of a service covering the pension of
36the officers or employees, and to provide for the terms and
37conditions under which pensions shall be awarded, and for the
38time and extent of service of officers or employees before pensions
39shall be available to them.

P11   112. To acquire, control, distribute, store, spread, sink, treat,
2purify, reclaim, capture, recapture, and salvage any water, including
3sewage and stormwaters, for the beneficial use and protection of
4the agency or its inhabitants or the owners of right to water therein.

513. To contract with the federal government, the state, any state
6agency, a county, or other public agency, a private corporation, or
7other person for the purpose of carrying out any of the powers of
8the agency and, for that purpose, to contract with the other public
9agencies, private corporations, or persons for the purpose of
10financing acquisitions, constructions, and operations. These
11contracts may contain any other and further covenants and
12agreements as may be necessary or convenient to accomplish the
13purposes of the contract.

1414. To commence, maintain, intervene in, defend and
15compromise, in the name of the agency, or as a class representative
16of the inhabitants, property owners, taxpayers, or water producers
17or water users within the agency, or otherwise, and to assume the
18costs and expenses of any and all actions and proceedings, now
19or hereafter begun, involving or affecting the ownership or use of
20water or water rights, used or useful for any purpose, of the agency,
21or a common benefit to the lands within the agency or its
22 inhabitants.

2315. To commence, maintain, intervene in, defend and
24compromise, in the name of the agency, or as a class representative
25of the inhabitants, property owners, taxpayers, water producers or
26water users within the agency, and to assume the costs and
27expenses of any and all actions or proceedings to prevent, control,
28or abate the pollution of water used or useful for any purpose of
29the agency, or to protect or provide a common benefit to lands
30within the agency or to the inhabitants of the agency, or to protect
31or control any watershed or basin overlain, in whole or in part, by
32the agency or which contributes or may contribute to the water
33supply of the agency.

3416. To borrow money, incur indebtedness, and issue bonds or
35other evidences of indebtedness at the rate permitted by Article 7
36(commencing with Section 53530) of Chapter 3 of Part 1 of
37Division 2 of Title 5 of the Government Code and to refund or
38retire any indebtedness or lien against the agency or its property.

3917. To issue negotiable promissory notes that shall be general
40obligations of the agency payable from revenues and taxes in the
P12   1same manner as bonds of the agency, at the rate permitted by
2Article 7 (commencing with Section 53530) of Chapter 3 of Part
31 of Division 2 of Title 5 of the Government Code.

418. To cause taxes to be levied, in the manner provided by the
5California Constitution and state law, for the purpose of paying
6any obligation of the agency.

719. To issue improvement bonds in accordance with, and
8pursuant to, the Improvement Act of 1911 (Division 7
9(commencing with Section 5000) of the Streets and Highways
10Code), the Improvement Bond Act of 1915 (Division 10
11(commencing with Section 8500) of the Streets and Highways
12Code), the Municipal Improvement Act of 1913 (Division 12
13(commencing with Section 10000) of the Streets and Highways
14Code), the Refunding Assessment Bond Act of 1935 (Chapter 732
15of the Statutes of 1935), and the Revenue Bond Law of 1941
16(Chapter 6 (commencing with Section 54300) of Part 1 of Division
172 of Title 5 of the Government Code).

1820. To prescribe, revise, and collect water system connection
19and capacity charges in the manner provided by the California
20Constitution and state law.

2121. To record a certificate in the office of the county recorder
22of any county specifying the amount of unpaid charges for water
23or other services, plus interest and penalties. From the time of
24recordation of the certificate, the amount required to be paid,
25together with interest and penalty, constitutes a lien upon all real
26property in the county owned by the person or afterwards, and
27before the lien expires, acquired by the person. The lien shall have
28the force, priority, and effect of a judgment lien and shall continue
29for 10 years from the date of the filing of the certificate unless
30sooner released or otherwise discharged. Within 10 years from the
31filing of the certificate or within 10 years of the date of the last
32extension of the lien, the lien may be extended by filing for record
33a new certificate in the office of the county recorder of any county
34and from the time of that filing the lien shall be extended to the
35real property in the county for 10 years unless sooner released or
36otherwise discharged.

3722. To construct, operate, and maintain works to develop
38hydroelectric energy, for use by the agency in the operation of its
39works or as a means of assisting in financing the construction,
40operation, and maintenance of its projects for the control,
P13   1 conservation, diversion, and transmission of water, and to enter
2into contracts for the sale of this energybegin insert for a term not to exceed
350 years. This energy may be marketed only at wholesale to any
4public agency or private entity, or both, or the federal or state
5governmentend insert
.

623. To contract for the sale of the right to use falling water for
7electric energy purposes with any public agency or private entity
8engaged in the retail distribution of electric energybegin insert, for a term not
9to exceed 50 yearsend insert
.

1024. To prosecute an action to determine the validity of any bonds,
11warrants, promissory notes, contracts, or other evidences of
12indebtedness, including those of the kind authorized by paragraphs
1316, 17, and 19, brought pursuant to Chapter 9 (commencing with
14Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

1525. In addition to the powers granted in this section, the agency
16may exercise all powers previously or hereafter granted to or
17possessed by county water districts organized and governed under
18the County Water District Law (Division 12 (commencing with
19Section 30000) of the Water Code) to finance the acquisition of,
20and to acquire, waterworks and waterworks systems, waters, water
21rights, lands, rights, or privileges, and may exercise all those
22powers to fund construction, maintenance, or operation of
23waterworks and waterworks systems.

24

SEC. 21.  

Section 15.1 of the Bighorn-Desert View Water
25Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

26

SEC. 22.  

Section 15.2 of the Bighorn-Desert View Water
27Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

28

SEC. 23.  

Section 15.3 of the Bighorn-Desert View Water
29Agency Law
(Chapter 1175 of the Statutes of 1969), as amended
30by Section 5 of Chapter 570 of the Statutes of 1989, is repealed.

31

SEC. 24.  

Section 16 of the Bighorn-Desert View Water Agency
32Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
33176 of Chapter 1128 of the Statutes of 1984, is repealed.

34

SEC. 25.  

Section 17 of the Bighorn-Desert View Water Agency
35Law
(Chapter 1175 of the Statutes of 1969) is repealed.

36

SEC. 26.  

Section 18 of the Bighorn-Desert View Water Agency
37Law
(Chapter 1175 of the Statutes of 1969) is repealed.

38

SEC. 27.  

Section 19.5 of the Bighorn-Desert View Water
39Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

P14   1

SEC. 28.  

Section 21 of the Bighorn-Desert View Water Agency
2Law
(Chapter 1175 of the Statutes of 1969) is repealed.

3

SEC. 29.  

Section 22 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is repealed.

5

SEC. 30.  

Section 23 of the Bighorn-Desert View Water Agency
6Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
712 of Chapter 104 of the Statutes of 1970, is amended and
8renumbered to read:

9

Sec. 16.  

All claims for money or damages against the agency
10are governed by Part 3 (commencing with Section 900) and Part
114 (commencing with Section 940) of Division 3.6 of Title 1 of the
12Government Code, except as provided therein, or by other statutes
13or regulations applicable thereto.

14

SEC. 31.  

Section 25 of the Bighorn-Desert View Water Agency
15Law
(Chapter 1175 of the Statutes of 1969) is amended and
16renumbered to read:

17

Sec. 17.  

The board of directors, in compliance with the
18applicable provisions of the California Constitution and state law,
19shall fix such rate or rates for water in the agency and in each
20improvement district therein as will result in revenues which will
21pay the operating expenses of the agency, and the improvement
22district, provide for repairs and depreciation of works, provide a
23reasonable surplus for replacements, improvements, extensions,
24and enlargements, pay the interest on any debt, and provide a
25sinking or other fund for the payment of the principal of such debt
26as it may become due. Said rates for water in each improvement
27district may vary from the rates of the agency and from other
28improvement districts therein.

29

SEC. 32.  

Section 26 of the Bighorn-Desert View Water Agency
30Law
(Chapter 1175 of the Statutes of 1969) is amended and
31renumbered to read:

32

Sec. 19.  

If the revenues of the agency, or any improvement
33district therein, will be inadequate for any cause to pay the
34operating expenses of the agency, provide for repairs and
35depreciation of works owned or operated by it, and to meet all
36obligations of the agency, including payment of principal or interest
37on any debt of the agency or any improvement district thereof, as
38it becomes due, then the board of directors of the agency shall
39provide, in accordance with the provisions of the California
40Constitution and state law, for the levy and collection of a special
P15   1tax sufficient to raise the amount of money determined by the
2board of directors to be necessary for the purpose of paying the
3expenses in addition to the funds required under Section 17 of this
4act.

5

SEC. 33.  

Section 27 of the Bighorn-Desert View Water Agency
6Law
(Chapter 1175 of the Statutes of 1969) is amended and
7renumbered to read:

8

Sec. 20.  

The board of directors shall determine the amounts
9necessary to be raised by taxation during the fiscal year and shall
10fix the rate or rates of tax to be levied which will raise the amounts
11of money required by the agency, by continuing to impose any ad
12valorem taxes or any other special taxes, or by levying assessments,
13in accordance with the provisions of the California Constitution
14and state law. Subject to Section 4 of Article XIII C of the
15California Constitution, the agency may impose new special taxes
16in accordance with Article 3.5 (commencing with Section 50075)
17of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government
18Code. Within a reasonable time before the board of supervisors is
19required by law to fix its tax rate, the board of directors shall certify
20to the board of supervisors the rate or rates so fixed and shall
21furnish to the board of supervisors a statement in writing containing
22the following: (a) an estimate of the minimum amount of money
23required to be raised by taxation during the fiscal year for the
24payment of the principal of and interest on any debt of the agency,
25or of an improvement district thereof, as will become due before
26the proceeds of a tax levied at the next general tax levy will be
27available; (b) an estimate of the minimum amount of money
28required to be raised by taxation during the fiscal year for all other
29purposes of the agency. The board of directors shall direct, at the
30time and in the manner required by law for the levying of taxes
31for county purposes, the board of supervisors to collect, in addition
32to any other tax as may be levied by the board of supervisors, at
33the rate or rates so fixed and determined by the board of directors,
34a tax upon the property within the agency, or improvement district
35thereof benefited by the debt, as the case may be. Taxes for the
36payment of the interest on or principal of any debt shall be levied
37on the property within the agency, or improvement district thereof,
38benefited by the debt, as determined by the board of directors in
39the resolution declaring the necessity to incur the debt. Taxes for
40other purposes of the agency shall be levied on all property in the
P16   1agency or improvement district or portion thereof subject to the
2particular tax. It shall be the duty of all county officers charged
3with the duty of collecting taxes to collect such tax in the time,
4form, and manner as county taxes are collected, and when collected
5to pay the same to the agency. Taxes for the payment of a debt
6and the interest thereon shall be a lien on all the property benefited
7thereby as stated in the resolution of the board of directors
8declaring the necessity to incur the debt. All taxes for other
9purposes of the agency shall be a lien on all the property in the
10agency subject to the respective tax. Agency taxes, whether for
11payment of indebtedness and the interest thereon or for other
12purposes, shall be of the same force and effect as other liens for
13taxes, and their collection may be enforced by the same means as
14provided for the enforcement of liens for state and county taxes.

15

SEC. 34.  

Section 28 of the Bighorn-Desert View Water Agency
16Law
(Chapter 1175 of the Statutes of 1969) is amended and
17renumbered to read:

18

Sec. 21.  

(a) Whenever the board of directors deems it necessary
19for the agency to incur a bonded indebtedness for the acquisition,
20construction, completion, replacement, or repair of any or all
21improvements, works, or property mentioned in this act, the board
22shall, by resolution, so declare and call an election to be held in
23the agency for the purpose of submitting to the qualified voters
24thereof the proposition of incurring indebtedness by the issuance
25of bonds of the agency. The resolution shall state all of the
26following:

27(1) The purpose for which the proposed debt is to be incurred,
28which may include expenses of all proceedings for the
29authorization, issuance, and sale of the bonds.

30(2) The amount of debt to be incurred.

31(3) The maximum term the bonds proposed to be issued shall
32run before maturity, which shall not exceed 40 years.

33(4) The maximum rate of interest to be paid, which shall not
34exceed the rate permitted by Article 7 (commencing with Section
3553530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
36Government Code, which shall be payable semiannually, except
37that interest for the first year may be payable at the end of the year
38or payable on a fixed or variable basis, on the dates specified in
39the resolution.

40(5) The measure to be submitted to the voters.

P17   1(6) The date upon which an election shall be held for the purpose
2of authorizing the bonded indebtedness to be incurred.

3(b) The board of directors shall provide for holding the special
4election on the date fixed and in accordance with the applicable
5provisions of the Elections Code. Notice of the holding of the
6election shall be given by publishing pursuant to Section 6066 of
7the Government Code the resolution calling the election, the last
8publication to be made not less than two weeks prior to the date
9of the proposed election, in at least one newspaper published in
10the agency, if there is a newspaper published in the agency, and
11the resolution shall be posted in three public places in the agency
12not less than two weeks prior to the date of the proposed election.
13No other notice of the election need be given. The returns of the
14election shall be made, the votes canvassed and the results thereof
15ascertained and declared in accordance with the provisions of the
16Elections Code, so far as they may be applicable, except as in this
17act otherwise provided. The secretary of the board of directors, as
18soon as the result is declared, shall enter in the records of the board
19a statement of the results. No irregularities or informalities in
20conducting the election shall invalidate the result, if the election
21has otherwise been fairly conducted.

22(c) Any action or proceeding contesting, questioning, or denying
23the validity of these bonds, or proceedings in relation to these
24bonds, shall be commenced within begin delete 30end deletebegin insert 60end insert days from the date of
25the election, or the bonds and all proceedings in relation to these
26bonds shall be held to be valid and in every respect legal and
27incontestable.

28

SEC. 35.  

Section 29 of the Bighorn-Desert View Water Agency
29Law
(Chapter 1175 of the Statutes of 1969) is amended and
30renumbered to read:

31

Sec. 22.  

(a) Whenever the board of directors deems it necessary
32to incur bonded indebtedness for the acquisition, construction,
33completion, replacement, or repair of any or all improvements,
34works, or property mentioned in this act and to provide for that
35bonded indebtedness to be payable from taxes levied upon less
36than all of the agency, the board shall, by resolution, so declare
37and state all of the following:

38(1) The purpose for which the proposed debt is to be incurred.

P18   1(2) The amount of debt to be incurred, which may include
2expenses of all proceedings for the authorization, issuance, and
3the sale of the bonds.

4(3) That the board intends to form an improvement district of
5a portion of the agency which in the opinion of the board will be
6benefited, the exterior boundaries of which portion are set forth
7on a map on file with the secretary of the agency, which map shall
8govern for all details as to the extent of the proposed improvement
9district, and to call an election in that proposed improvement
10district on a date to be fixed, for the purpose of submitting to the
11qualified voters thereof the proposition of incurring indebtedness
12by the issuance of bonds of the agency for that improvement
13 district.

14(4) That taxes for the payment of the bonds and the interest
15thereon shall be levied exclusively upon the taxable property in
16the improvement district.

17(5) That a general description of the proposed improvements,
18together with a map showing the exterior boundaries of the
19proposed improvement district with relation to the territory
20immediately contiguous thereto and to the proposed improvements,
21is on file with the secretary of the agency and is available for
22inspection by any person or persons interested.

23(6) The time and place for a hearing by the board on the question
24of the formation of the proposed improvement district, the extent
25thereof, the proposed improvements and the amount of debt to be
26 incurred.

27(7) That at the time and place specified in the resolution any
28person interested, including all persons owning property in the
29agency or in the proposed improvement district, will be heard.

30(b) Notice of the hearing shall be given by publishing a copy
31of the resolution pursuant to Section 6066 of the Government Code
32prior to the time fixed for the hearing in a newspaper printed and
33published in the agency, if there is a newspaper printed and
34published in the agency. This notice shall also be given by posting
35a copy of the resolution in three public places within the proposed
36improvement district at least two weeks before the time fixed for
37the hearing.

38(c) At the time and place fixed for the hearing, or at any time
39and place to which it is adjourned, the board shall proceed with
40the hearing. At the hearing, any person interested, including any
P19   1person owning property within the agency or within any proposed
2improvement district, may appear and present any matters material
3to the questions set forth in the resolution declaring the necessity
4for incurring the bonded indebtedness. The board shall have the
5power to change the purpose for which the proposed debt is to be
6incurred, or the amount of bonded debt to be incurred, or the
7boundaries of the proposed improvement district, or any
8combination of these; provided, however, that the board shall not
9change the boundaries so as to include any territory that will not,
10in its judgment, be benefited by the improvement.

11(d) The purpose, amount of bonded debt, or boundaries shall
12 not be changed by the board except after notices of its intention
13 to do so, given by publication pursuant to Section 6061 of the
14Government Code in a newspaper printed and published in the
15Bighorn-Desert View Water Agency, if there is a newspaper printed
16and published in the agency, and by posting in three public places
17within the proposed improvement district. The notice shall state
18the changed purpose and debt proposed and that the exterior
19boundaries as proposed to be changed are set forth on a map on
20file with the secretary of the agency, which map shall govern for
21all details as to the extent of the proposed improvement district,
22and specify the time and place for hearing on the change, which
23time shall be at least 10 days after publication or posting of the
24notice. At the time and place fixed, or at any time and place to
25which the hearing is adjourned, the board shall proceed with the
26hearing. At the hearing any person interested, including any person
27owning property within the agency or the proposed improvement
28district, may appear and present any matters material to the changes
29stated in the notice. At the conclusion of the hearing, the board
30shall, by resolution, determine whether it is deemed necessary to
31incur the bonded indebtedness, and, if so, the resolution shall also
32state the purpose for which the proposed debt is to be incurred,
33the amount of the proposed debt, that the exterior boundaries of
34the portion of the agency that will be benefited are set forth on a
35map on file with the secretary of the agency which map shall
36govern for all details as to the extent of the improvement district,
37and that the portion of the agency set forth on the map shall
38thereupon constitute and be known as “Improvement District No.
39... of Bighorn-Desert View Water Agency,” and the determinations
40made in the resolution shall be final and conclusive. After the
P20   1formation of an improvement district within the Bighorn-Desert
2View Water Agency pursuant to this section, all proceedings for
3the purpose of a bond election shall be limited, and shall apply
4only to the improvement district, and taxes for the payment of the
5bonds and the interest thereon shall be levied exclusively upon the
6taxable property in the improvement district.

7(e) After the board has made its determination of the matters
8required to be determined by the last mentioned resolution, and if
9the board deems it necessary to incur the bonded indebtedness,
10the board shall by a further resolution call a special election in the
11improvement district for the purpose of submitting to the qualified
12voters thereof the proposition of incurring indebtedness by the
13issuance of bonds of the agency for the improvement district. The
14resolution shall state all of the following:

15(1) That the board deems it necessary to incur the bonded
16 indebtedness.

17(2) The purpose for which the bonded indebtedness will be
18incurred.

19(3) The amount of debt to be incurred.

20(4) The improvement district to be benefited by the indebtedness,
21as set forth in the resolution making determinations, and that a
22map showing the exterior boundaries of the improvement district
23is on file with the secretary of the agency, which map shall govern
24for all details as to the extent of the improvement district.

25(5) That taxes for the payment of the bonds and the interest
26thereon shall be levied exclusively upon the taxable property in
27the improvement district.

28(6) The maximum term the bonds proposed to be issued shall
29run before maturity, which shall not exceed 40 years.

30(7) The maximum rate of interest to be paid, which shall not
31exceed the rate permitted by Article 7 (commencing with Section
3253530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
33Government Code, payable semiannually, except that interest for
34the first year may be payable at the end of the year or payable on
35a fixed or variable basis, on dates specified in the resolution.

36(8) The measure to be submitted to the voters.

37(9) The date upon which an election shall be held for the purpose
38of authorizing the bonded indebtedness to be incurred.

39(f) The board of directors shall provide for holding the special
40election on the day so fixed and in accordance with the provisions
P21   1of the Elections Code, as applicable, except as herein otherwise
2provided. Notice of the holding of the election shall be given by
3publishing pursuant to Section 6066 of the Government Code the
4resolution calling the election prior to the date of the proposed
5election in at least one newspaper printed and published in the
6agency, if there is a newspaper printed and published in the agency.
7The resolution shall also be posted in three public places in the
8improvement district not less than two weeks prior to the date of
9the proposed election. No other notice of the election need be
10given.

11(g) The returns of the election shall be made, the votes
12 canvassed, and the results thereof ascertained and declared in
13accordance with the provisions of the Elections Code so far as they
14may be applicable. The secretary of the board of directors, as soon
15as the result is declared, shall enter in the records of the board a
16statement of the results. No irregularities or informalities in
17conducting the election shall invalidate it, if the election shall have
18otherwise been fairly conducted.

19(h) Any action or proceeding contesting, questioning, or denying
20the validity of the formation of the improvement district, of the
21bonds, or of the proceedings in relation to the bonds shall be
22commenced withinbegin delete 30end deletebegin insert 60end insert days from the date of such election, or
23the bonds and all proceedings in relation to the bonds, including
24the formation of the improvement district, shall be held to be valid
25and in every respect legal and incontestable.

26

SEC. 36.  

Section 30 of the Bighorn-Desert View Water Agency
27Law
(Chapter 1175 of the Statutes of 1969) is amended and
28renumbered to read:

29

Sec. 23.  

(a) Any portion of the Bighorn-Desert View Water
30Agency, whether contiguous or not to an improvement district
31thereof, may be annexed to the improvement district in the
32following manner. A petition, which may consist of any number
33of separate instruments, shall be filed with the secretary of the
34agency, signed by holders of title to 60 percent or more of the land
35in the portion proposed to be annexed, which land as so represented
36in the petition shall have an assessed valuation of not less than 50
37percent of the land so proposed to be annexed. The petition shall
38contain all of the following:

39(1) A description of the area proposed to be annexed, which
40may be made by reference to a map on file with the secretary of
P22   1the agency, which map shall govern for all details as to the extent
2of the area proposed to be annexed, or in any other definite manner.

3(2) The terms and conditions upon which the proposed area may
4be annexed as theretofore determined by resolution adopted by
5the board of directors of the agency.

6(3) A request that the board of directors declare the area to be
7annexed to the improvement district.

8(b) The petition shall be accompanied by a certified check
9payable to the order of the agency in sufficient sum to reimburse
10the agency for expenses of processing and publishing the petition
11and preparing and making the filings required by law.

12(c) Within 10 days of the date of the filing of the petition, the
13secretary of the agency shall examine it and ascertain whether or
14not the petition is signed by the required number of property
15owners; and, if requested by the secretary of the agency, the board
16of directors shall authorize the general manager to employ persons
17especially for that purpose, in addition to the persons regularly
18employed in his or her office, and shall provide for their
19compensation. When the general manager has completed his or
20her examination of the petition, he or she shall attach to it his or
21her certificate, properly dated, showing the result of the
22examination; and if from the examination he or she finds the
23petition is signed by the requisite number of property owners, or
24is not so signed, he or she shall certify that the petition is sufficient,
25or insufficient, as the case may be.

26(d) If by the certificate of the general manager, the petition is
27found to be insufficient, the petition may be amended by filing a
28supplemental petition or petitions within 10 days of the date of the
29certificate. The general manager shall, within 10 days after the
30filing of the supplemental petition or petitions, examine them and
31certify to the result of the examination as hereinbefore provided.

32(e) If by the certificate of the general manager, the petition, or
33petition as amended, is shown to be sufficient, the secretary shall
34cause notice of hearing on the petition to be published and posted.

35(f) The text of the petition shall be published pursuant to Section
366066 of the Government Code prior to the time at which it is to
37be presented to the board of directors of the agency in at least one
38newspaper printed and published in the Bighorn-Desert View
39Water Agency, if there is a newspaper printed and published in
40the agency, together with a notice stating the time and place of the
P23   1meeting at which the petition will be presented. When contained
2upon one or more instruments, only one copy of the petition need
3be published. No more than five of the names attached to the
4petition need appear in the publication of the petition and notice,
5but the number of signers shall be stated. The notice and petition
6shall also be posted in three public places in the improvement
7district and three public places in the area proposed to be annexed,
8at least two weeks prior to the hearing.

9(g) The board of directors of the agency shall proceed to hear
10the petition at the time and place fixed therefor and any person
11residing within the agency or improvement district or owning
12 taxable property in the agency or improvement district shall be
13entitled to appear and be heard at the hearing. The hearing may be
14continued from time to time by the board of directors of the agency.
15At the conclusion of the hearing, and if the board of directors finds
16and determines from the evidence presented at the hearing that the
17area proposed to be annexed to an improvement district will be
18benefited thereby, and that the improvement district to which the
19area is proposed to be annexed will also be benefited thereby and
20will not be injured thereby, the board of directors of the agency
21may, by resolution, approve the annexation, describing the territory
22so annexed, which may be by reference to a map on file with the
23secretary of the agency, which shall govern for all details as to the
24extent of the annexed area, or in any other definite manner, and
25the terms and conditions of annexation as theretofore determined
26by resolution of the board of directors.

27(h) From and after the date of the adoption of the resolution,
28the area named therein shall be deemed added to and shall form a
29part of the improvement district and the taxable property therein
30shall be subject to taxation thereafter for the purposes of the
31improvement district, including the payment of the principal of
32and interest on bonds and other obligations of the improvement
33district at the time authorized and outstanding at the time of the
34annexation as if the annexed property had always been a part of
35the improvement district, and the board of directors of the
36Bighorn-Desert View Water Agency shall be empowered to do all
37things necessary to enforce and make effective the terms and
38conditions of annexation fixed as authorized in this section.

39(i) Any action or proceeding wherein the validity of an
40annexation is contested, questioned or denied must be commenced
P24   1withinbegin delete 30end deletebegin insert 60end insert days after the date of adoption of the resolution
2approving the annexation, or the annexation shall be held to be
3valid and in every respect legal and incontestable.

4

SEC. 37.  

Section 31 of the Bighorn-Desert View Water Agency
5Law
(Chapter 1175 of the Statutes of 1969) is amended and
6renumbered to read:

7

Sec. 24.  

(a) If from the returns it appears that more than
8two-thirds of the votes cast in the election held pursuant to the
9provisions of Section 21 or of Section 22 of this act were in favor
10of and assented to the incurring of the proposed indebtedness, then
11the board of directors may, by resolution, at such time or times as
12it deems proper, issue bonds of the agency for the whole or any
13part of the amount of the indebtedness so authorized, and may
14from time to time provide for the issuance of such amounts as are
15needed, until the full amount of the bonds authorized has been
16issued. Bonds may be divided into two or more series and different
17dates may be fixed for each of the series. The maximum term that
18the bonds of any series shall run before maturity shall not exceed
1940 years from the date of the series.

20(b) The board of directors shall, by resolution, prescribe the
21form of the bonds and fix the time when the whole or any part of
22the principal shall become due and payable. The payment of the
23first installment of principal may be deferred for a period of not
24more than five years from the date of the bonds of each series. The
25bonds shall bear interest at a rate or rates not to exceed the rate
26permitted by Article 7 (commencing with Section 53530) of
27Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
28Code, payable on a fixed or variable basis, or payable on the dates
29specified in the resolution. The board of directors may also provide
30for call and redemption of bonds prior to maturity at such times
31and prices and upon such other terms as it may specify. A bond
32shall not be subject to call or redemption prior to maturity unless
33it contains a recital to that effect or unless a statement to that effect
34is printed thereon.

35(c) The denomination of the bonds shall be stated in the
36resolution providing for their issuance, but shall not be less than
37one hundred dollars ($100). The principal and interest shall be
38payable in lawful money of the United States at the office of the
39treasurer of the district or such other place or places as may be
P25   1designated, or at either place or places at the option of the holder
2of the bond.

3(d) The bonds shall be dated, numbered consecutively, and be
4signed by the president and treasurer of the agency, countersigned
5by the secretary of the agency, and the official seal of the agency
6attached. All of these signatures and countersignatures may be
7printed, lithographed, or mechanically reproduced, except that one
8of these signatures or countersignatures shall be manually affixed.

9(e) If the bond election proceedings have been limited to and
10have applied only to an improvement district within the agency,
11the bonds are bonds of the agency and shall be issued in the name
12of the agency and shall be designated “Bonds of the Bighorn-Desert
13View Water Agency for Improvement District No. ___” and each
14bond shall state that taxes levied for the payment thereof shall be
15levied exclusively upon the taxable property in that improvement
16district.

17(f) Before selling the bonds, or any part thereof, the board of
18directors shall give notice inviting sealed bids in such manner as
19it may prescribe. If satisfactory bids are received, the bonds offered
20for sale shall be awarded to the highest responsible bidder. If no
21bids are received, or if the board determines that the bids received
22are not satisfactory as to price or responsibility of the bidders, it
23may reject all bids received, if any, and either readvertise or
24negotiate the sale of the bonds. The board of directors may
25determine by a two-thirds vote of the total vote of the board that
26the interest of the district and the public interest or necessity require
27that the bonds may be sold at private sale upon those terms and
28conditions as the board may deem necessary, convenient, or
29desirable. In addition to interest paid on a bond or evidence of
30indebtedness of the district, the board, in its discretion, may sell
31the bonds or evidence of indebtedness at less than its par or face
32value, but not at less than 94 percent of the par or face value
33thereof.

34(g) The proceeds arising from the sale of bonds shall be paid
35into the treasury of the agency and placed to the credit of a special
36improvement fund and expended only for the purpose for which
37the indebtedness was created; provided, however, that when that
38purpose has been accomplished any moneys remaining in the
39special improvement fund may be transferred to the water operating
40fund to be used for the payment of principal of and interest on the
P26   1bonds. The moneys remaining from the sale of bonds of the agency
2may also be used for some other agency purpose. Moneys
3remaining from the sale of bonds of the agency for an improvement
4district therein may also be used for any purpose that will benefit
5the property in the improvement district.

6(h) The bonds of the district shall be legal investment for all
7trust funds and for the funds of all insurance companies, banks,
8both commercial and savings, and trust companies, for state school
9funds, and, whenever any moneys or funds may by law now or
10hereafter enacted be invested in bonds of a city, county, or city
11and county, school districts, and municipalities in the state, the
12moneys or funds may be invested in bonds of the district, issued
13in accordance with the provisions of this act. Whenever bonds of
14a city, county, city and county, school district, or municipality may
15by law be used as security for the performance of any act, the
16bonds of the district may be so used.

17

SEC. 38.  

Section 32 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969) is amended and
19renumbered to read:

20

Sec. 25.  

Any bonds issued by the Bighorn-Desert View Water
21Agency are hereby given the same force, value and use as bonds
22issued by any city and shall be exempt from all taxation within the
23State of California.

24

SEC. 39.  

Section 33 of the Bighorn-Desert View Water Agency
25Law
(Chapter 1175 of the Statutes of 1969) is amended and
26renumbered to read:

27

Sec. 26.  

(a) Whenever the board of directors deems it necessary
28to form an improvement district of a portion of the agency for a
29purpose other than the incurring of bonded indebtedness under
30Section 22 of this act it shall by resolution so declare and state all
31of the following:

32(1) The purpose for which the proposed improvement district
33is to be formed.

34(2) The estimated expense of carrying out the purpose.

35(3) That the board intends to form an improvement district of
36a portion of the agency that in the opinion of the board will be
37benefited, the exterior boundaries of which portion are set forth
38on a map on file with the secretary of the agency, which map shall
39govern for all details as to the extent of the proposed improvement
40 district.

P27   1(4) That taxes for carrying out the purpose shall be levied
2exclusively upon the taxable property in the proposed improvement
3district.

4(5) That a map showing the exterior boundaries of the proposed
5improvement district, with relation to the territory immediately
6contiguous thereto, is on file with the secretary of the agency and
7is available for inspection by any person or persons interested.

8(6) The time and place for a hearing by the board on the
9questions of the formation of the proposed improvement district,
10the extent thereof, the purpose for which it is to be formed, and
11the estimated expense of carrying out the purpose.

12(7) That at the time and place specified, any person interested,
13including all persons owning property in the agency or in the
14proposed improvement district, will be heard.

15(b) Notice of the hearing shall be given by publishing a copy
16of the resolution pursuant to Section 6066 of the Government Code
17prior to the time fixed for the hearing in a newspaper circulated in
18the Bighorn-Desert View Water Agency, if there is a newspaper
19circulated therein. This notice shall also be given by posting a copy
20of the resolution in three public places within the proposed
21improvement district for at least two weeks before the time fixed
22for the hearing.

23(c) At the time and place of the hearing, or at any time or place
24to which the hearing is adjourned, the board shall proceed with
25the hearing, at which any person interested, including all persons
26owning property in the agency, or in the proposed improvement
27district, may appear and present any matters material to the
28questions set forth in the resolution. At the conclusion of the
29hearing the board shall, by resolution, determine whether it is
30necessary to form the proposed improvement district, and, if so,
31the resolution shall also state the purpose for which the proposed
32improvement district is to be formed, the estimated expense of
33carrying out the purpose, that the exterior boundaries of the portion
34of the agency that will be benefited are set forth on a map on file
35with the secretary of the agency, which map shall govern for all
36details as to the extent of the improvement district, and that the
37portion of the agency set forth on the map shall thereupon
38 constitute and be known as “Improvement District (A, B, C, or
39other letter designation) of the Bighorn-Desert View Water
40Agency,” and the determinations made in the resolution shall be
P28   1final and conclusive. After the formation of the improvement
2district within the Bighorn-Desert View Water Agency pursuant
3to this section all taxes levied for the purpose for which the
4improvement district is formed shall be levied exclusively upon
5the taxable property in the improvement district.

6(d) A copy of the resolution forming the improvement district
7shall be published pursuant to Section 6066 of the Government
8Code in a newspaper printed and published in the agency, if there
9is a newspaper printed and published in the agency, and a copy of
10the resolution shall also be posted in three public places within the
11proposed improvement district for at least two weeks. The
12resolution shall not be effective until the 31st day after completion
13of this posting, and, if applicable, publication. If, before this date,
14a petition signed by not less than 10 percent of the voters of the
15improvement district requesting that an election be held on the
16formation thereof is presented to the board of directors, the board
17shall call a special election in the improvement district for the
18purpose of submitting the question of the formation of the
19improvement district to the voters of the proposed improvement
20district.

21(e) The board of directors shall fix a date for this special election
22in accordance with applicable provisions of the Elections Code,
23except as herein otherwise provided. Notice of the holding of the
24election shall be given by publishing the resolution calling the
25 election pursuant to Section 6066 of the Government Code prior
26to the date of the proposed election in at least one newspaper
27printed and published in the Bighorn-Desert View Water Agency,
28if there is a newspaper printed and published in the agency. The
29resolution shall also be posted in three public places in the
30improvement district not less than two weeks prior to the date of
31the proposed election. No other notice of the election need be
32given.

33(f) The returns of the election shall be made, the votes
34 canvassed, and the results thereof ascertained and declared in
35accordance with the applicable provisions of the Elections Code,
36except as in this act otherwise provided. The secretary of the board
37of directors, as soon as the result is declared, shall enter in the
38records of the board a statement of the results. No irregularities or
39informalities in conducting the election shall invalidate it, if the
40election shall have otherwise been fairly conducted.

P29   1(g) If from the returns it appears that a majority of the votes cast
2at the election were in favor of the formation of the improvement
3district, the formation of the improvement district shall be
4complete.

5(h) Any action or proceeding questioning, contesting, or denying
6the validity of the formation of the improvement district, or of any
7of the proceedings in relation to that formation, shall be
8commenced within begin delete 30end deletebegin insert 60end insert days from the effective date of the
9resolution forming the district, or, if an election is held, within begin delete 30end delete
10begin insert 60end insert days from the date of the election, or the formation of the
11improvement district, and all proceedings in relation thereto, shall
12be held to be valid and in every respect legal and incontestable.

13

SEC. 40.  

Section 34 of the Bighorn-Desert View Water Agency
14Law
(Chapter 1175 of the Statutes of 1969) is amended and
15renumbered to read:

16

Sec. 27.  

The board of directors may advance general funds of
17the agency to accomplish the purposes of an improvement district
18 and the district may repay the agency from the proceeds of the sale
19of bonds authorized for those purposes, or from the special taxes
20levied exclusively upon the taxable property in the improvement
21district, at the rate of interest authorized by Article 7 (commencing
22with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title
235 of the Government Code.

24

SEC. 41.  

Section 35 of the Bighorn-Desert View Water Agency
25Law
(Chapter 1175 of the Statutes of 1969) is amended and
26renumbered to read:

27

Sec. 28.  

Interest on any bonds issued by the agency coming
28due before the proceeds of a tax levied at the next tax levy after
29the sale of the bonds are available, and interest on any bonds issued
30by the agency coming due before the expiration of one year
31following completion of the acquisition and construction of the
32works and improvements for which the bonds were issued may be
33paid from the proceeds of the sale of those bonds.

34

SEC. 42.  

Section 36 of the Bighorn-Desert View Water Agency
35Law
(Chapter 1175 of the Statutes of 1969) is repealed.

36

SEC. 43.  

Section 40 of the Bighorn-Desert View Water Agency
37Law
(Chapter 1175 of the Statutes of 1969) is repealed.

38

SEC. 44.  

Section 41 of the Bighorn-Desert View Water Agency
39Law
(Chapter 1175 of the Statutes of 1969) is repealed.

P30   1

SEC. 45.  

Section 42 of the Bighorn-Desert View Water Agency
2Law
(Chapter 1175 of the Statutes of 1969) is amended and
3renumbered to read:

4

Sec. 29.  

The Bighorn-Desert View Water Agency shall not be
5dissolved until all indebtedness shall have been fully paid.

6

SEC. 46.  

Section 30 is added to the Bighorn-Desert View Water
7Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

8

Sec. 30.  

(a) The Bighorn-Desert View Water Agency shall
9separately account for and use funds derived from the operation
10of the Desert View Water District and the Bighorn Mountains
11Water Agency for the purpose of bond debt service for each of the
12former systems.

13(b) Nothing in this part shall be construed to impair any contract
14entered into prior to January 1, 2014.

15

SEC. 47.  

Section 45 of the Bighorn-Desert View Water Agency
16Law
(Chapter 1175 of the Statutes of 1969) is repealed.

17

SEC. 48.  

Section 46 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969) is repealed.

19

SEC. 49.  

Section 48 of the Bighorn-Desert View Water Agency
20Law
(Chapter 1175 of the Statutes of 1969) is amended and
21renumbered to read:

22

Sec. 35.  

If any section, subsection, sentence, clause, or phrase
23of this act or the application thereof to any person or circumstance
24is for any reason held invalid, the validity of the remainder of the
25act or the application of the provision to other persons or
26circumstances shall not be affected. The Legislature hereby declares
27that it would have passed this act and each section, subsection,
28sentence, clause, and phrase thereof irrespective of the fact that
29one or more sections, subsections, sentences, clauses, or phrases
30or the application thereof to any person or circumstances may be
31held invalid.

32

SEC. 50.  

Section 49 of the Bighorn-Desert View Water Agency
33Law
(Chapter 1175 of the Statutes of 1969) is repealed.

34

SEC. 51.  

Section 50 of the Bighorn-Desert View Water Agency
35Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
363 of Chapter 950 of the Statutes of 1985, is amended and
37renumbered to read:

38

Sec. 18  

The board of directors, by ordinance or resolution, may
39fix and impose, on or before the first day of July in any calendar
40year, a water standby or availability charge on lands within the
P31   1agency or in any improvement district thereof to which water is
2made available by the agency through underground or by surface
3facilities, whether the water is actually used or not. The standby
4charge shall not exceed ten dollars ($10) per acre per year for each
5acre of land within the agency or any improvement district thereof
6or ten dollars ($10) per year for any parcel of less than one acre.
7Alternatively, the board of directors may fix a water standby charge
8in accordance with the provisions of the Uniform Standby Charge
9Procedures Act (Chapter 12.4 (commencing with Section 54984)
10of Part 1 of Division 2 of Title 5 of the Government Code). A
11standby charge shall be adopted by the board only in compliance
12with the applicable provisions of the California Constitution and
13state law. The board of directors may establish schedules varying
14the charges according to land uses, water uses, and degree of water
15availability. The board of directors shall certify to the county board
16of supervisors the charge or charges so fixed in accordance with
17the applicable procedures of the county. The charges shall be
18collected in the same form and manner as county taxes are collected
19and shall be paid to the agency. Charges fixed by the agency shall
20be a lien on all the property charged pursuant to this section. Liens
21for the charges shall be of the same force and effect as other liens
22for taxes, and their collection may be enforced by the same means
23as provided for the enforcement of liens for state and county taxes.

24

SEC. 52.  

Section 51 of the Bighorn-Desert View Water Agency
25Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
265 of Chapter 1035 of the Statutes of 1982, is repealed.

27

SEC. 53.  

Section 52 of the Bighorn-Desert View Water Agency
28Law
(Chapter 1175 of the Statutes of 1969) is amended and
29renumbered to read:

30

Sec. 31.  

(a) Whenever the board deems it necessary to incur
31a bonded indebtedness for the acquisition, construction, completion,
32 replacement, or repair of any or all improvements, works, or
33property mentioned in this act and to provide for that bonded
34indebtedness to be payable from taxes levied upon an uninhabited
35portion of the agency, the board shall, by resolution, declare its
36intention to form an uninhabited improvement district in that
37portion of the agency and to incur the indebtedness.

38(b) For the purposes of this section, the portion of the agency
39formed into an uninhabited improvement district shall be deemed
P32   1uninhabited if less than 12 voters reside within the district at the
2time of the formation of the district.

3(c) The resolution of intention shall state that the board of
4directors intends to form an improvement district of an uninhabited
5portion of the agency which, in the opinion of the board, will be
6benefited, and to incur indebtedness by the issuance of bonds of
7the agency for that uninhabited improvement district.

8The resolution of intention shall also state all of the following:

9(1) The purpose for which the proposed debt is to be incurred.

10(2) The amount of debt to be incurred, which may include
11expenses of all proceedings for the authorization, issuance, and
12sale of the bonds.

13(3) That taxes for the payment of the bonds and the interest
14thereon will be levied exclusively upon the taxable property in the
15uninhabited improvement district.

16(4) That a general description of the proposed improvement,
17together with a map showing the exterior boundaries of the
18proposed uninhabited improvement district with relation to the
19territory immediately contiguous thereto and to the proposed
20improvement is on file with the agency and is available for
21inspection by any person or persons interested. This map shall
22govern for all details as to the extent of the proposed uninhabited
23improvement district.

24(5) The time and place for a hearing by the board of directors
25on the questions of the formation and extent of the proposed
26uninhabited improvement district, the proposed improvement, and
27the amount of debt to be incurred.

28(6) That at the time and place specified in the resolution any
29person interested will be heard, and that any owner of property
30within the proposed uninhabited improvement district may file
31with the agency at any time prior to the time set for the hearing
32written protest to the formation of the proposed uninhabited
33improvement district.

34(d) Notice of the hearing shall be given by publishing a copy
35of the resolution pursuant to Section 6066 of the Government Code
36prior to the time fixed for the hearing in a newspaper circulated in
37the agency, if there is a newspaper circulated in the agency. Notice
38shall also be given by posting a copy of the resolution of intention
39in three public places within the proposed uninhabited improvement
40district for at least two weeks before the time fixed for the hearing.

P33   1(e) A copy of the resolution of intention shall also be mailed,
2postage prepaid, to each person to whom land in the proposed
3uninhabited improvement district is assessed as shown on the last
4equalized county assessment roll, at his or her address as shown
5upon the roll, and to any person, whether owner in fee or having
6a lien upon, or legal or equitable interest in, any land within the
7proposed uninhabited improvement district, whose name and
8address and a designation of the land in which he or she is
9interested is on file with the agency.

10(f) At the time and place fixed in the resolution of intention, or
11at any time or place to which the hearing is adjourned, the board
12shall proceed with the hearing. At the hearing any person interested
13may appear and present any matters material to the questions set
14forth in the resolution. Also at the hearing the board shall hear and
15pass upon all written protests filed by the owners of property within
16the proposed uninhabited improvement district.

17(g) If written protests are filed by the owners of one-half of the
18value of the property within the proposed uninhabited improvement
19district, as shown by the last equalized assessment roll of the
20county, further proceedings shall not be taken. If written protests
21are not filed by the owners of one-half of the value of the property,
22the board shall by resolution determine whether it is necessary to
23incur the bonded indebtedness and if so, the resolution shall also
24state all of the following:

25(1) The purpose for which the proposed debt is to be incurred.

26(2) The amount of the proposed debt.

27(3) That the exterior boundaries of the portion of the agency
28 that will be benefited are set forth on a map on file with the
29secretary, which map shall govern for all details as to the extent
30of the uninhabited improvement district.

31(4) That the portion of the agency set forth on the map shall
32thereupon constitute and be known as “Improvement District No.
33...... of ...... Bighorn-Desert View Water Agency.”

34(h) The determinations made in the resolution of formation shall
35be final and conclusive.

36(i) After the formation of the uninhabited improvement district
37pursuant to this law the board may, by resolution, at the time or
38times that it deems proper, issue bonds of the agency for the whole
39or any part of the amount of the indebtedness authorized by the
40resolution of formation. All taxes levied for the payment of the
P34   1bonds and the interest thereon shall be levied exclusively upon the
2taxable property in the uninhabited improvement district.

3(j) Any action or proceeding contesting, questioning, or denying
4the validity of the formation of an uninhabited improvement district
5or of any of the proceedings in relation thereto shall be commenced
6within begin delete 30end deletebegin insert 60end insert days from the date of the resolution forming that
7district, or the formation of the uninhabited improvement district
8and all proceedings in relation thereto shall be held to be valid and
9in every respect legal and incontestable.

10(k) The board may advance general funds of the agency to
11accomplish the purposes of an improvement district formed
12pursuant to this section.

13(l) The board may repay the agency for any advance of funds
14from the proceeds of the sale of bonds authorized for the purposes
15of the improvement district.

16

SEC. 54.  

Section 53 of the Bighorn-Desert View Water Agency
17Law
(Chapter 1175 of the Statutes of 1969) is amended and
18renumbered to read:

19

Sec. 32.  

(a) The board, by resolution, may initiate proceedings
20for the annexation of territory to an improvement district within
21the agency whether contiguous or not to the improvement district.

22(b) The resolution proposing annexation shall do all of the
23following:

24(1) Declare that proceedings have been initiated by the board
25pursuant to this law.

26(2) State the reason for proposing the annexation.

27(3) Set forth a description of the area proposed to be annexed,
28which may be made by reference to a map on file with the secretary
29of the agency which map shall govern for all details as to the extent
30of the area proposed to be annexed.

31(4) State the terms and conditions of the annexation.

32(5) State that the holders of title to any of the land sought to be
33annexed may file written protests with the secretary to the
34annexation or the annexation upon those terms and conditions.

35(6) Fix the time and place of a meeting at which the board will
36receive written protests filed with the secretary, receive additional
37written protests, and hear from any and all persons interested in
38the annexation.

39(c) The text of the resolution proposing annexation shall be
40published, pursuant to Section 6066 of the Government Code, prior
P35   1to the time of hearing in at least one newspaper printed and
2published in the agency, if there is a newspaper published and
3printed in the agency.

4(d) A copy of the resolution proposing annexation shall also be
5posted in three public places within the improvement district and
6three public places in the area proposed to be annexed at least two
7weeks prior to the hearing.

8(e) The board shall proceed with the hearing at the time and
9place fixed therefor and may continue the hearing, if need be, from
10time to time. All interested persons shall be heard at the hearing.

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

16(g) If written protest is not made by the owners of one-half of
17the value of the territory proposed to be annexed, and if, at the
18conclusion of the hearing, the board finds and determines for the
19evidence presented at the hearing that the area proposed to be
20annexed to an improvement district will be benefited thereby, and
21that the improvement district to which the area proposed to be
22annexed will also be benefited thereby and will not be injured
23thereby, the board may, by resolution, approve the annexation.

24(h) The resolution shall describe the territory annexed, which
25may be by reference to a map on file with the secretary, which
26map shall govern for all details as to the extent of the annexed
27area. The resolution shall also state the terms and conditions of
28annexation as determined by resolution of the board.

29(i) If the board finds and determines that either the area proposed
30to be annexed to the improvement district will not be benefited
31thereby or that the improvement district to which the area is
32proposed to be annexed will not be benefited thereby or will be
33injured thereby, the board shall by resolution disapprove the
34annexation.

35(j) From and after the date of the adoption of the resolution
36approving the annexation, the area described therein is added to
37and forms a part of the improvement district.

38(k) The taxable property in the annexed area shall be subject to
39taxation after the annexation thereof for the purposes of the
40improvement district, including the payment of the principal of
P36   1and interest on bonds and other obligations of the improvement
2district authorized and outstanding at the time of the annexation
3as if the annexed property had always been a part of the
4improvement district.

5(l) The board may do all things necessary to enforce and make
6effective the terms and conditions of annexation fixed by it.

7(m) Any action or proceeding contesting, questioning, or
8denying the validity of an annexation to an improvement district
9pursuant to this section shall be commenced withinbegin delete 30end deletebegin insert 60end insert days
10after the date of the resolution of the board approving the
11annexation of the territory to an improvement district, or the
12annexation shall be held valid and in every respect legal and
13incontestable.

14

SEC. 55.  

Section 53.1 of the Bighorn-Desert View Water
15Agency Law
(Chapter 1175 of the Statutes of 1969) is amended
16and renumbered to read:

17

Sec. 32.5.  

Notwithstanding the provisions of Section 32, if the
18petition for annexation of land to an improvement district formed
19under Section 26 is signed by all of the holders of title of land in
20the portion proposed to be annexed, the board may proceed and
21act thereon without notice and hearing, but shall otherwise comply
22with the applicable provisions of this law.

23

SEC. 56.  

Section 53.2 of the Bighorn-Desert View Water
24Agency Law
(Chapter 1175 of the Statutes of 1969) is amended
25and renumbered to read:

26

Sec. 33.  

(a) Proceedings to exclude territory from an
27improvement district, formed pursuant to Section 26, may be
28initiated by the board upon its own motion, or shall be initiated by
29the board upon receipt of a petition for exclusion signed by not
30less than 10 percent of the voters of the area proposed to be
31excluded. The petition shall state reasons that the exclusion will
32be beneficial to the agency or the improvement district or the
33territory to be excluded.

34(b) Upon adoption of a motion to initiate exclusion proceedings
35or upon receipt of a petition for exclusion, the board shall adopt a
36resolution of intention to exclude which shall state all of the
37following:

38(1) The method by which the exclusion proceedings were
39initiated; by motion of the board or by petition of voters.

P37   1(2) That taxes for carrying out the purpose of the improvement
2district will not be levied upon taxable property in the excluded
3territory following the exclusion in the event the territory is
4excluded.

5(3) That following the exclusion, the taxable property in the
6territory remaining in the improvement district shall continue to
7be levied upon and taxed to provide funds for the purposes of the
8improvement district.

9(4) That a map showing the exterior boundaries of the proposed
10territory to be excluded, with relation to the territory remaining in
11 the improvement district, is on file with the secretary and is
12available for inspection by any person or persons interested. This
13map shall govern for all details as to the extent of the proposed
14exclusion.

15(5) The time and place for a hearing by the board on the
16questions of the proposed exclusion and the effect of the exclusion
17upon the agency, the improvement district and the territory to be
18excluded.

19(6) That at that time and place any person interested, including
20all persons owning property in the agency or in the improvement
21district, will be heard.

22(c) Notice of the hearing shall be given by publishing a copy of
23the resolution of intention to exclude, pursuant to Section 6066 of
24the Government Code, prior to the time fixed for the hearing in a
25newspaper circulated in the agency, if there is a newspaper printed
26and published in the agency. This notice shall also be given by
27posting a copy of the resolution of intention to exclude in three
28public places within the affected improvement district for at least
29two weeks before the time fixed for the hearing.

30(d) At the time and place fixed in the resolution of intention to
31exclude, or at any time or place to which the hearing is adjourned,
32the board shall proceed with the hearing. At the hearing any person
33interested, including any person owning property in the agency,
34or in the improvement district may appear and present any matters
35material to the questions set forth in the resolution of intention to
36exclude.

37(e) At the conclusion of the hearing, the board shall by resolution
38determine whether it is necessary or desirable to exclude the
39territory. If so, the resolution shall also state both of the following:

40(1) The reasons why the exclusion is necessary or desirable.

P38   1(2) That the exterior boundaries of the improvement district
2following the exclusion are set forth on a map on file with the
3secretary, which map shall govern all details as to the extent of
4the resulting improvement district.

5(f) The determinations made in the resolution of exclusion shall
6be final and conclusive.

7(g) After the exclusion of territory from the improvement district
8pursuant to this section, all taxes levied for the carrying out of the
9improvement district’s purpose shall be levied exclusively upon
10the taxable property in the improvement district as then constituted.

11(h) A copy of the resolution of exclusion shall be published
12pursuant to Section 6066 of the Government Code in a newspaper
13printed and published in the agency, if there is a newspaper printed
14and published in the agency. A copy of the resolution shall also
15be posted in three public places within the improvement district
16for at least two weeks.

17(i) The resolution of exclusion shall not be effective until the
1831st day after completion of the publication and posting.

19(j) Any action or proceeding contesting, questioning, or denying
20the validity of the exclusion of territory from the improvement
21district or of any of the proceedings in relation thereto shall be
22commenced within begin delete 30end deletebegin insert 60end insert days from the effective date of the
23resolution of exclusion, or the exclusion and all proceedings in
24relation thereto shall be held to be valid and in every respect legal
25and incontestable.

26

SEC. 57.  

Section 54 of the Bighorn-Desert View Water Agency
27Law
(Chapter 1175 of the Statutes of 1969) is amended and
28renumbered to read:

29

Sec. 34.  

(a) Notwithstanding any other provision herein,
30whenever the board deems it necessary for any improvement
31district formed pursuant to this act to be dissolved, it shall by
32resolution declare its intention to dissolve the improvement district.

33(b) As used in this act, “improvement district” includes an
34uninhabited improvement district formed pursuant to Section 31.

35(c) The resolution of intention shall state:

36(1) The reason why the improvement district should be
37dissolved.

38(2) That no bond, indebtedness, or liability has been issued or
39incurred for the improvement district that remains outstanding.

P39   1(3) That a map showing the exterior boundaries of the
2improvement district, with relation to the territory immediately
3contiguous thereto, is on file with the secretary and is available
4for inspection by any person or persons interested.

5(4) The time and place for a hearing by the board on the question
6of the dissolution of the improvement district.

7(5) That at that time and place for the hearing any person
8interested, including all persons owning property in the agency or
9in the improvement district will be heard.

10(d) Notice of the hearing shall be given by publishing a copy
11of the resolution, pursuant to Section 6066 of the Government
12Code, prior to the time fixed for the hearing in a newspaper
13circulated in the agency, if there is a newspaper circulated in the
14agency. This notice shall also be given by posting a copy of the
15resolution in three public places within the improvement district
16for at least two weeks before the time fixed for the hearing.

17(e) At the time and placed fixed in the resolution of intention,
18or at any time or place to which the hearing is adjourned, the board
19shall proceed with the hearing. At the hearing any person interested,
20including all persons owning property in the agency, or in the
21improvement district, may appear and present any matters material
22to the proposed dissolution.

23(f) At the conclusion of the hearing the board shall, by
24resolution, determine whether it is necessary to dissolve the
25improvement district. If so, the resolution shall state that the
26exterior boundaries of the improvement district are set forth on a
27map on file with the secretary and shall declare the improvement
28district dissolved. The determinations made in the resolution shall
29be final and conclusive.

30(g) When the resolution declaring an improvement district
31dissolved becomes effective, the dissolution of the improvement
32district is complete.

33(h) The taxable property within the boundaries of the dissolved
34improvement district shall continue to be taxed for any
35indebtedness of the agency contracted for the dissolved
36improvement district until the indebtedness has been satisfied, to
37the same extent that the property would be taxable for that purpose
38if the dissolution had not occurred.

39(i) Any action or proceeding contesting, questioning, or denying
40the validity of the dissolution of an improvement district, or of any
P40   1of the proceedings in relation thereto, shall be commenced within
2begin delete 30end deletebegin insert 60end insert days from the effective date of the resolution dissolving the
3improvement district, or the dissolution of the improvement district
4and, all proceedings in relation thereto, shall be held to be valid
5and in every respect legal and incontestable.

6(j) After a bond election has been held in an improvement
7district and less than two-thirds of the votes cast in the election
8were in favor of the measure, the board may within one year of
9the date of that election, call and hold another election for the
10purpose of resubmitting the measure to the electors of the
11improvement district. If the measure is not so resubmitted, the
12improvement district, on the anniversary date of the election, is
13dissolved without further action by the board. If the measure is
14resubmitted and fails to receive more than two-thirds of the votes
15cast in the election in favor of the measure, the improvement
16district is dissolved following the canvass of the election returns.

17begin insert

begin insertSEC. 58.end insert  

end insert

begin insertThe Legislature finds and declares that Section 35
18of this act, which amends Section 22 of the Bighorn-Desert View
19Water Agency Law (Chapter 1175 of the Statutes of 1969), imposes
20a limitation on the public’s right of access to the meetings of public
21bodies or the writings of public officials and agencies within the
22meaning of Section 3 of Article I of the California Constitution.
23Pursuant to that constitutional provision, the Legislature makes
24the following findings to demonstrate the interest protected by this
25limitation and the need for protecting that interest:end insert

begin insert

26In order for the Bighorn-Desert View Water Agency to reduce
27costs and staff burdens associated with posting notices of specified
28hearings, while still providing adequate notice of public hearings,
29it is necessary to reduce, from six to three, the number of public
30locations in which the agency must post specified hearing notices.

end insert


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