Amended in Assembly August 7, 2013

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,begin delete andend delete 30begin insert, and 35end insert 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 forbegin delete ordinanceend delete violationsbegin insert of ordinances of the districtend insert and making a violation of certain regulations an infraction instead of misdemeanor, as prescribed.begin insert This bill would require the district to set an annual appropriations limit and adopt an annual budget, as prescribed.end 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.

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

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
P3    19.2 (commencing with Section 33300) of Division 12 of the Water
2Code, is hereby created, organized, and incorporated and shall be
3managed as herein expressly provided and may exercise the powers
4herein expressly granted or necessarily implied, and may include
5contiguous or noncontiguous parcels of both unincorporated and
6incorporated territory and shall include all territory lying within
7the following described boundaries:

8All that real property situate in the County of San Bernardino,
9State of California, more particularly described as follows:

10(a) Township 3 North, Range 4 East, San Bernardino Base and
11Meridian:

12Section 7

13Section 8

14Section 11

15South 12 Section 2

16Southwest14 Section 12

17Section 13, excluding the North12 of the Northeast 14

18Section 14

19Section 15

20Section 16

21Section 17

22East12 Section 18

23Northeast14, Northeast14, Section 20

24North 12 Section 21

25North12 Section 22

26(b) Township 3 North, Rangebegin delete 5,end deletebegin insert 5end insert East, San Bernardino Base
27and Meridian:

28South12,begin insert South end insertbegin insert12end insertbegin insert,end insert Southwest14, Section 4

29Section 8

30Section 9, excluding the Northeast 14

31Southwest14 Section 10

32Section 13

33South 12 Section 14

34Section 15, excluding the Northeast 14

35Section 16

36Section 17

37Section 18

38Section 21

39Section 22

40Section 23

P4    1Section 24

2West12 Section 26

3Section 27

4Southeast14 Section 33

5Section 34

6Section 35, excluding the Northeast 14

7West 12, Northwest 14, Southwest 14, Section 36

8Northeast 14, Northwest 14, Southwest 14, Section 36

9(c) Township 2 North, Range 5 East, San Bernardino Base and
10Meridian:

11Section 2

12Section 3

13Section 10

14Section 11

15Section 12

16Section 13

17Section 14

18Section 15

19Section 22

20Section 23

21Section 26

22Section 27

23Section 34

24(d) Township 2 North, Range 6 East, San Bernardino Base and
25Meridian:

26Section 5

27Section 6

28Section 7, except certain parcels described as:

29630-032-04 W 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

30630-032-05 E 12 SW 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
31RDS

32630-032-09 W 12 NE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX
33RD

34630-032-10 W 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E EX
35RD

36630-032-11 W 12 NE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
37RD

38630-032-15 E 12 SE 14 NW 14 SE 14 SEC 7 TP 2N R 6E 5 AC

39630-032-49 W 12 SE 14 SW 14 SE 14 SEC 7 TP 2N R 6E EX
40W 100 FT S 422 FT THEREOF AND EX RDS

P5    1630-041-26 W 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E EX
2RD MNL RTS AS RESERVED BY USA 5 AC

3630-041-30 E 12 SE 14 SW 14 NE 14 SEC 7 TP 2N R 6E 5 AC

4630-041-39 W 12 SE 14 NE 14 NE 14 SEC 7 TP 2N R 6E 5 AC

5630-041-42 N 280 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N
6R 6E EX RD

7630-041-54 N 130 FT S 380 FT W 14 SE 14 SW 14 NE 14 SEC
87 TP 2N R 6E 5 EX RD

9630-041-55 S 250 FT W 14 SE 14 SW 14 NE 14 SEC 7 TP 2N
10R 6E 5 EX RD

11630-041-56 N 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E
12EX RD

13630-041-57 S 12 E 12 SE 14 NW 14 NE 14 SEC 7 TP 2N R 6E

14Section 18, except certain parcels described as:

15630-021-18 E 12 SW 14 NW 14 NE 14 SEC 18 TP 2N R 6E EX
16RD

17630-021-67 N 12 E 12 NW 14 NW 14 NE 14 SEC 18 TP 2N R
186E EX S 130 FT W 100 FT E 230 FT THEREOF AND EX MNL
19RTS AS RESERVED BY USA EX RDS

20West 12, Section 19

21

SEC. 4.  

Section 3 of the Bighorn-Desert View Water Agency
22Law
(Chapter 1175 of the Statutes of 1969), as added by Section
233 of Chapter 570 of the Statutes of 1989, is repealed.

24

SEC. 5.  

Section 5 of the Bighorn-Desert View Water Agency
25Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
264 of Chapter 570 of the Statutes of 1989, is amended and
27renumbered to read:

28

Sec. 3.  

The Board of Directors of the Bighorn-Desert View
29Water Agency organized under this act shall consist of five
30members, each of whom shall be a resident of the agency, and
31shall hold office until his or her successor is elected. All successors
32of the first board shall be elected or chosen at the time and in the
33manner provided in the Uniform District Election Law (Part 4
34(commencing with Section 10500) of Division 10 of the Elections
35Code).

36

SEC. 6.  

Section 7 of the Bighorn-Desert View Water Agency
37Law
(Chapter 1175 of the Statutes of 1969) is amended and
38renumbered to read:

P6    1

Sec. 4.  

No person shall vote at any Bighorn-Desert View Water
2Agency election who is not a voter within the meaning of the
3Elections Code.

4In case the boundary line of the Bighorn-Desert View Water
5Agency crosses the boundary line of a county election precinct
6only those voters within the Bighorn-Desert View Water Agency
7and within the precinct who are registered as being voters within
8the Bighorn-Desert View Water Agency shall be permitted to vote,
9and for that purpose the county clerk or registrar of voters is hereby
10empowered to provide two sets of ballots within these precincts,
11one containing the names of candidates for office in the
12Bighorn-Desert View Water Agency, and the other not containing
13the names, and it shall be the duty of the election officers in these
14precincts to furnish only those persons registered as voters within
15the Bighorn-Desert View Water Agency with the ballots upon
16which are printed the names of the candidates for office in the
17Bighorn-Desert View Water Agency.

18

SEC. 7.  

Section 8 of the Bighorn-Desert View Water Agency
19Law
(Chapter 1175 of the Statutes of 1969) is amended and
20renumbered to read:

21

Sec. 5.  

The provisions of the Elections Code so far as they may
22be applicable shall govern all general and special Bighorn-Desert
23View Water Agency elections, except as otherwise provided in
24this act.

25

SEC. 8.  

Section 8 is added to the Bighorn-Desert View Water
26Agencybegin delete Actend deletebegin insert Lawend insert
(Chapter 1175 of the Statutes of 1969), to read:

27

Sec. 8.  

For attending a meeting of the board of directors, each
28of the members of the board of directorsbegin delete shallend deletebegin insert mayend insert receive
29compensation in an amount not to exceed the maximum amount
30authorized by Chapter 2 (commencing with Section 20200) of
31Division 10 of the Water Code.

32

SEC. 9.  

Section 9 of the Bighorn-Desert View Water Agency
33Law
(Chapter 1175 of the Statutes of 1969) is repealed.

34

SEC. 10.  

Section 9 is added to the Bighorn-Desert View Water
35Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

36

Sec. 9.  

Any vacancy in the board of directors shall be filled
37pursuant to Article 2 (commencing with Section 1770) of Chapter
384 of Division 4 of Title 1 of the Government Code.

P7    1

SEC. 11.  

Section 10 of the Bighorn-Desert View Water Agency
2Law
(Chapter 1175 of the Statutes of 1969) is amended and
3renumbered to read:

4

Sec. 6.  

Every incumbent of an elective office, whether elected
5by popular vote for a full term, or chosen by the board of directors
6to fill a vacancy, is subject to recall by the voters of the
7 Bighorn-Desert View Water Agency in accordance with the recall
8provisions of the Elections Code of the state with reference to
9cities.

10

SEC. 12.  

Section 10 is added to the Bighorn-Desert View Water
11Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

12

Sec. 10.  

By a majority vote of the board of directors, the board
13shall appoint an attorney, chief engineer, general manager, and
14auditor, define their duties, and fix their compensations. The
15attorney, chief engineer, general manager, and auditor each shall
16serve at the pleasure of the board of directors. A member of the
17board of directors shall not serve as the appointed attorney, chief
18engineer, general manager, or auditor.

19

SEC. 13.  

Section 11 of the Bighorn-Desert View Water Agency
20Law
(Chapter 1175 of the Statutes of 1969) is amended and
21renumbered to read:

22

Sec. 7.  

begin insert(a)end insertbegin insertend insert The board of directors shall be the governing body
23of the Bighorn-Desert View Water Agency.begin delete Theend delete

24begin insert(b)end insertbegin insertend insertbegin insertTheend insert board of directors shall, by resolution, provide for the
25date, time, and place of holding of its meetings. All meetings of
26the board of directors, whether regular or special, shall be open to
27the public.begin delete Aend delete

28begin insert(c)end insertbegin insertend insertbegin insertAend insert majority of the board of directors shall constitute a quorum
29for the transaction of business.begin delete Atend delete

30begin insert(d)end insertbegin insertend insertbegin insertAtend insert its first meeting in the month of January in each
31even-numbered year, the board of directors shall choose from
32among its members a president, vice president, and secretary.

begin insert

33(e) The board of directors shall adopt an annual budget and
34shall set an annual appropriations limit.

end insert
35

SEC. 14.  

Section 11 is added to the Bighorn-Desert View Water
36Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

37

Sec. 11.  

The general manager shall:

38(a) Have full charge and control of the maintenance, operation,
39and construction of the waterworks of the agency.

P8    1(b) Have full power and authority to employ and discharge all
2employees and assistants at pleasure.

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

4(d) Fix and alter the compensation of employees and assistants
5subject to approval by the board of directors.

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

7(f) Report to the board of directors in accordance with rules and
8regulations adopted by the board.

9

SEC. 15.  

Section 12 of the Bighorn-Desert View Water Agency
10Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
112 of Chapter 696 of the Statutes of 1984, is amended to read:

12

Sec. 12.  

The board of directors shall act only by ordinance,
13resolution, or minute order. No ordinance, resolution, or minute
14order shall be passed or become effective without the affirmative
15vote of a majority of the members of the board. The enacting clause
16of all ordinances passed by the board shall be: “Be it ordained by
17the Board of Directors of the Bighorn-Desert View Water Agency
18as follows:” Except as otherwise required by law, ordinances shall
19be adopted by one of the following procedures:

20(a) A copy of the full text of the ordinance shall be posted in
21the office of the agency at least five days prior to the board meeting
22at which the ordinance is to be amended. Within 21 days after
23passage of an ordinance, the general manager shall cause the
24ordinance to be published at least once in a newspaper of general
25circulation published and circulated within the agency’s boundaries
26and shall cause the ordinance to be posted in at least three public
27places. An ordinance shall not be published in a newspaper if the
28charge exceeds the customary rate charged by the newspaper for
29publication of private legal notices, but summaries of the ordinance
30shall be published as provided in subdivision (b) or (c).

31(b) The general manager may cause a summary of the ordinance
32or amendment to be published at least once in a newspaper of
33general circulation, and a copy of the full text of the ordinance or
34amendment shall be posted in the office of the agency at least five
35days prior to the board meeting at which the ordinance or
36amendment is to be adopted. Within 15 days after adoption of the
37ordinance or amendment, the general manager shall cause the
38ordinance or amendment to be published at least once in a
39newspaper of general circulation, published, and circulated within
P9    1the agency’s boundaries, and shall cause the ordinance or
2amendment to be posted in at least three public places.

3(c) If the general manager determines that it is not feasible to
4prepare a fair and adequate summary of the ordinance or
5amendment, the general manager shall cause a display
6advertisement of the full text of the ordinance or amendment of at
7least one-sixth of a page to be published in a newspaper of general
8circulation and a copy of the full text of the ordinance or
9amendment to be posted in the office of the agency at least five
10days prior to the board meeting at which the ordinance or
11amendment is to be adopted. Within 21 days after adoption, a
12display advertisement of a similar size shall be published and the
13full text posted in at least three public places.

14

SEC. 16.  

Section 13 of the Bighorn-Desert View Water Agency
15Law
(Chapter 1175 of the Statutes of 1969) is repealed.

16

SEC. 17.  

Section 13 is added to the Bighorn-Desert View Water
17Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

18

Sec. 13.  

The voters of the Bighorn-Desert View Water Agency
19may pass an initiative in accordance with the methods provided
20by Chapter 3 (commencing with Section 9200) of Division 9 of
21the Elections Code for a city.

22

SEC. 18.  

Section 14 of the Bighorn-Desert View Water Agency
23Law
(Chapter 1175 of the Statutes of 1969) is repealed.

24

SEC. 19.  

Section 14 is added to the Bighorn-Desert View Water
25Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

26

Sec. 14.  

The voters of the Bighorn-Desert View Water Agency
27may disapprove and thereby veto an ordinance by proceeding in
28accordance with the methods provided by Chapter 3 (commencing
29with Section 9200) of Division 9 of the Elections Code for a
30referendum in a city.

31

SEC. 20.  

Section 15 of the Bighorn-Desert View Water Agency
32Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
331 of Chapter 950 of the Statutes of 1985, is amended to read:

34

Sec. 15.  

The Bighorn-Desert View Water Agency, which may
35exercise only the powers expressly granted and those necessarily
36implied by this act, has all of the following powers:

371. To have perpetual succession.

382. To sue and be sued in all actions and proceedings in all courts
39and tribunals of competent jurisdiction.

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

P10   14. To take by grant, purchase, gift, devise, condemnation, or
2lease, hold, use, enjoy, and to lease, with or without the privilege
3of purchase, sell, or dispose of real and personal property of every
4kind, within or without the agency.

55. To acquire, or contract to acquire, waterworks or a waterworks
6system, waters, water rights, lands, rights and privileges, and
7construct, maintain, and operate water wells, conduits, pipelines,
8reservoirs, works, machinery, and other property useful or
9necessary to produce, store, convey, supply, or otherwise make
10use of water for a waterworks plant or system for the benefit of
11the agency, and to complete, extend, enlarge, add to, repair, or
12otherwise improve any waterworks or waterworks system acquired
13by the agency.

146. To construct, maintain, improve, and operate public
15recreational facilities appurtenant to any waterworks and to provide
16regulations binding upon all persons to govern the use of those
17facilities, including regulations imposing reasonable charges for
18the use thereof. Violation of any such regulation is an infraction
19punishable by a fine of not more than three hundred dollars ($300).

207. To sell water to other public agencies within the
21Bighorn-Desert View Water Agency and to the inhabitants of the
22territory of those public agencies for use within the Bighorn-Desert
23View Water Agency. The Bighorn-Desert View Water Agency
24may, whenever the board of directors finds that there is a surplus
25of water above that which may be required by consumers within
26the Bighorn-Desert View Water Agency, sell or otherwise dispose
27of surplus water to any persons, firms, public or private
28corporations, public agencies, or other consumers.

298. To supply and deliver water to property not subject to agency
30taxes at special rates, terms, and conditions as determined by the
31board of directors.

329. To restrict the use of agency water during any emergency
33caused by drought, or other threatened or existing water shortage,
34and to prohibit the wastage of agency water or the improper use
35of agency water during those periods, in accordance with Chapter
363 (commencing with Section 350) of Division 1 of the Water Code.

3710. To make contracts, employ labor, and do all acts necessary
38for the full exercise of the above powers.

3911. To provide for the pensioning of officers or employees and
40the creation of a special fund for the purpose of paying the
P11   1pensions, and the accumulation of contributions to the fund from
2the revenues of the agency, the wages of officers or employees,
3voluntary contributions, gifts, donations, or any source of revenue
4not inconsistent with the general powers of the board, and to
5contract with any insurance corporation or any other insurance
6carrier for the maintenance of a service covering the pension of
7the officers or employees, and to provide for the terms and
8conditions under which pensions shall be awarded, and for the
9time and extent of service of officers or employees before pensions
10shall be available to them.

1112. To acquire, control, distribute, store, spread, sink, treat,
12purify, reclaim, capture, recapture, and salvage any water, including
13sewage and stormwaters, for the beneficial use and protection of
14the agency or its inhabitants or the owners of right to water therein.

1513. To contract with the federal government, the state, any state
16agency, a county, or other public agency, a private corporation, or
17other person for the purpose of carrying out any of the powers of
18the agency and, for that purpose, to contract with the other public
19agencies, private corporations, or persons for the purpose of
20financing acquisitions, constructions, and operations. These
21contracts may contain any other and further covenants and
22agreements as may be necessary or convenient to accomplish the
23purposes of the contract.

2414. To commence, maintain, intervene in,begin delete defendend deletebegin insert defend,end insert and
25compromise, in the name of the agency, or as a class representative
26of the inhabitants, property owners, taxpayers, or water producers
27or water users within the agency, or otherwise, and to assume the
28costs and expenses of any and all actions and proceedings, now
29or hereafter begun, involving or affecting the ownership or use of
30water or water rights, used or useful for any purpose, of the agency,
31or a common benefit to the lands within the agency or its
32 inhabitants.

3315. To commence, maintain, intervene in,begin delete defendend deletebegin insert defend,end insert and
34compromise, in the name of the agency, or as a class representative
35of the inhabitants, property owners, taxpayers, water producers or
36water users within the agency, and to assume the costs and
37expenses of any and all actions or proceedings to prevent, control,
38or abate the pollution of water used or useful for any purpose of
39the agency, or to protect or provide a common benefit to lands
40within the agency or to the inhabitants of the agency, or to protect
P12   1or control any watershed or basin overlain, in whole or in part, by
2the agency or which contributes or may contribute to the water
3supply of the agency.

416. To borrow money, incur indebtedness, and issue bonds or
5other evidences of indebtedness at the rate permitted by Article 7
6(commencing with Section 53530) of Chapter 3 of Part 1 of
7Division 2 of Title 5 of the Government Code and to refund or
8retire any indebtedness or lien against the agency or its property.

917. To issue negotiable promissory notes that shall be general
10obligations of the agency payable from revenues and taxes in the
11same manner as bonds of the agency, at the rate permitted by
12Article 7 (commencing with Section 53530) of Chapter 3 of Part
131 of Division 2 of Title 5 of the Government Code.begin insert The maturity
14of the promissory notes shall not be later than five years from the
15date thereof. The total aggregate amount of the notes outstanding,
16at any one time, shall not exceed five million dollars ($5,000,000).end insert

1718. To cause taxes to be levied, in the manner provided by the
18California Constitution and state law, for the purpose of paying
19any obligation of the agency.

2019. To issue improvement bonds in accordance with, and
21pursuant to, the Improvement Act of 1911 (Division 7
22(commencing with Section 5000) of the Streets and Highways
23Code), the Improvement Bond Act of 1915 (Division 10
24(commencing with Section 8500) of the Streets and Highways
25Code), the Municipal Improvement Act of 1913 (Division 12
26(commencing with Section 10000) of the Streets and Highways
27Code), the Refunding Assessment Bond Act of 1935 (Chapter 732
28of the Statutes of 1935), and the Revenue Bond Law of 1941
29(Chapter 6 (commencing with Section 54300) of Part 1 of Division
302 of Title 5 of the Government Code).

3120. To prescribe, revise, and collect water system connection
32and capacity charges inbegin delete the manner provided byend deletebegin insert accordance withend insert
33 the California Constitution and state law.

3421. To record a certificate in the office of the county recorder
35of any county specifying the amount of unpaid charges for water
36or other services, plus interest and penalties. From the time of
37recordation of the certificate, the amount required to be paid,
38together with interest and penalty, constitutes a lien upon all real
39property in the county owned by the person or afterwards, and
40before the lien expires, acquired by the person. The lien shall have
P13   1the force, priority, and effect of a judgment lien and shall continue
2for 10 years from the date of the filing of the certificate unless
3sooner released or otherwise discharged. Within 10 years from the
4filing of the certificate or within 10 years of the date of the last
5extension of the lien, the lien may be extended by filing for record
6a new certificate in the office of the county recorder of any county
7and from the time of that filing the lien shall be extended to the
8real property in the county for 10 years unless sooner released or
9otherwise discharged.

1022. To construct, operate, and maintain works to develop
11hydroelectric energy, for use by the agency in the operation of its
12works or as a means of assisting in financing the construction,
13operation, and maintenance of its projects for the control,
14 conservation, diversion, and transmission of water, and to enter
15into contracts for the sale of this energy for a term not to exceed
1650 years. This energy may be marketed only at wholesale to any
17public agency or private entity, or both, or the federal or state
18government.

1923. To contract for the sale of the right to use falling water for
20electric energy purposes with any public agency or private entity
21engaged in the retail distribution of electric energy, for a term not
22to exceed 50 years.

2324. To prosecute an action to determine the validity of any bonds,
24warrants, promissory notes, contracts, or other evidences of
25indebtedness, including those of the kind authorized by paragraphs
2616, 17, and 19, brought pursuant to Chapter 9 (commencing with
27Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

2825. In addition to the powers granted in this section, the agency
29may exercise all powers previously or hereafter granted to or
30possessed by county water districts organized and governed under
31the County Water District Law (Division 12 (commencing with
32Section 30000) of the Water Code) to finance the acquisition of,
33and to acquire, waterworks and waterworks systems, waters, water
34rights, lands, rights, or privileges, and may exercise all those
35powers to fund construction, maintenance, or operation of
36waterworks and waterworks systems.

37

SEC. 21.  

Section 15.1 of the Bighorn-Desert View Water
38Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

39

SEC. 22.  

Section 15.2 of the Bighorn-Desert View Water
40Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

P14   1

SEC. 23.  

Section 15.3 of the Bighorn-Desert View Water
2Agency Law
(Chapter 1175 of the Statutes of 1969), as amended
3by Section 5 of Chapter 570 of the Statutes of 1989, is repealed.

4

SEC. 24.  

Section 16 of the Bighorn-Desert View Water Agency
5Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
6176 of Chapter 1128 of the Statutes of 1984, is repealed.

7

SEC. 25.  

Section 17 of the Bighorn-Desert View Water Agency
8Law
(Chapter 1175 of the Statutes of 1969) is repealed.

9

SEC. 26.  

Section 18 of the Bighorn-Desert View Water Agency
10Law
(Chapter 1175 of the Statutes of 1969) is repealed.

11

SEC. 27.  

Section 19.5 of the Bighorn-Desert View Water
12Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.

13

SEC. 28.  

Section 21 of the Bighorn-Desert View Water Agency
14Law
(Chapter 1175 of the Statutes of 1969) is repealed.

15

SEC. 29.  

Section 22 of the Bighorn-Desert View Water Agency
16Law
(Chapter 1175 of the Statutes of 1969) is repealed.

17

SEC. 30.  

Section 23 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
1912 of Chapter 104 of the Statutes of 1970, is amended and
20renumbered to read:

21

Sec. 16.  

All claims for money or damages against the agency
22are governed by Part 3 (commencing with Section 900) and Part
234 (commencing with Section 940) of Division 3.6 of Title 1 of the
24Government Code, except as provided therein, or by other statutes
25or regulations applicable thereto.

26

SEC. 31.  

Section 25 of the Bighorn-Desert View Water Agency
27Law
(Chapter 1175 of the Statutes of 1969) is amended and
28renumbered to read:

29

Sec. 17.  

The board of directors, in compliance with the
30applicable provisions of the California Constitution and state law,
31shall fix such rate or rates for water in the agency and in each
32improvement district therein as will result in revenues which will
33pay the operating expenses of the agency, and the improvement
34district, provide for repairs and depreciation of works, provide a
35reasonable surplus for replacements, improvements, extensions,
36and enlargements, pay the interest on any debt, and provide a
37sinking or other fund for the payment of the principal of such debt
38as it may become due. Said rates for water in each improvement
39district may vary from the rates of the agency and from other
40improvement districts therein.

P15   1

SEC. 32.  

Section 26 of the Bighorn-Desert View Water Agency
2Law
(Chapter 1175 of the Statutes of 1969) is amended and
3renumbered to read:

4

Sec. 19.  

If the revenues of the agency, or any improvement
5district therein, will be inadequate for any cause to pay the
6operating expenses of the agency, provide for repairs and
7depreciation of works owned or operated by it, and to meet all
8obligations of the agency, including payment of principal or interest
9on any debt of the agency or any improvement district thereof, as
10it becomes due, then the board of directors of the agency shall
11provide, in accordance with the provisions of the California
12Constitution and state law, for the levy and collection of a special
13tax sufficient to raise the amount of money determined by the
14board of directors to be necessary for the purpose of paying the
15expenses in addition to the funds required under Section 17 of this
16act.

17

SEC. 33.  

Section 27 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969) is amended and
19renumbered to read:

20

Sec. 20.  

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

27

SEC. 34.  

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

30

Sec. 21.  

(a) Whenever the board of directors deems it necessary
31for the agency to incur a bonded indebtedness for the acquisition,
32construction, completion, replacement, or repair of any or all
33improvements, works, or property mentioned in this act, the board
34shall, by resolution, so declare and call an election to be held in
35the agency for the purpose of submitting to the qualified voters
36thereof the proposition of incurring indebtedness by the issuance
37of bonds of the agency. The resolution shall state all of the
38following:

P17   1(1) The purpose for which the proposed debt is to be incurred,
2which may include expenses of all proceedings for the
3authorization, issuance, and sale of the bonds.

4(2) The amount of debt to be incurred.

5(3) The maximum term the bonds proposed to be issued shall
6run before maturity, which shall not exceed 40 years.

7(4) The maximum rate of interest to be paid, which shall not
8exceed the rate permitted by Article 7 (commencing with Section
953530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
10Government Code, which shall be payable semiannually, except
11that interest for the first year may be payable at the end of the year
12or payable on a fixed or variable basis, on the dates specified in
13the resolution.

14(5) The measure to be submitted to the voters.

15(6) The date upon which an election shall be held for the purpose
16of authorizing the bonded indebtedness to be incurred.

17(b) The board of directors shall provide for holding the special
18election on the date fixed and in accordance with the applicable
19provisions of the Elections Code. Notice of the holding of the
20election shall be given by publishing pursuant to Section 6066 of
21the Government Code the resolution calling the election, the last
22publication to be made not less than two weeks prior to the date
23of the proposed election, in at least one newspaper published in
24the agency, if there is a newspaper published in the agency, and
25the resolution shall be posted in three public places in the agency
26not less than two weeks prior to the date of the proposed election.
27No other notice of the election need be given. The returns of the
28election shall be made, the votesbegin delete canvassedend deletebegin insert canvassed,end insert and the
29results thereof ascertained and declared in accordance with the
30provisions of the Elections Code, so far as they may be applicable,
31except as in this act otherwise provided. The secretary of the board
32of directors, as soon as the result is declared, shall enter in the
33records of the board a statement of the results. No irregularities or
34informalities in conducting the election shall invalidate the result,
35if the election has otherwise been fairly conducted.

36(c) Any action or proceeding contesting, questioning, or denying
37the validity of these bonds, or proceedings in relation to these
38bonds, shall be commenced within 60 days from the date of the
39election, or the bonds and all proceedings in relation to these bonds
P18   1shall be held to be valid and in every respect legal and
2incontestable.

3

SEC. 35.  

Section 29 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:

6

Sec. 22.  

(a) Whenever the board of directors deems it necessary
7to incur bonded indebtedness for the acquisition, construction,
8completion, replacement, or repair of any or all improvements,
9works, or property mentioned in this act and to provide for that
10bonded indebtedness to be payable from taxes levied upon less
11than all of the agency, the board shall, by resolution, so declare
12and state all of the following:

13(1) The purpose for which the proposed debt is to be incurred.

14(2) The amount of debt to be incurred, which may include
15expenses of all proceedings for the authorization, issuance, and
16the sale of the bonds.

17(3) That the board intends to form an improvement district of
18a portion of the agency which in the opinion of the board will be
19benefited, the exterior boundaries of which portion are set forth
20on a map on file with the secretary of the agency, which map shall
21govern for all details as to the extent of the proposed improvement
22district, and to call an election in that proposed improvement
23district on a date to be fixed, for the purpose of submitting to the
24qualified voters thereof the proposition of incurring indebtedness
25by the issuance of bonds of the agency for that improvement
26 district.

27(4) That taxes for the payment of the bonds and the interest
28thereon shall be levied exclusively upon the taxable property in
29the improvement district.

30(5) That a general description of the proposed improvements,
31together with a map showing the exterior boundaries of the
32proposed improvement district with relation to the territory
33immediately contiguous thereto and to the proposed improvements,
34is on file with the secretary of the agency and is available for
35inspection by any person or persons interested.

36(6) The time and place for a hearing by the board on the question
37of the formation of the proposed improvement district, the extent
38thereof, the proposed improvements and the amount of debt to be
39 incurred.

P19   1(7) That at the time and place specified in the resolution any
2person interested, including all persons owning property in the
3agency or in the proposed improvement district, will be heard.

4(b) Notice of the hearing shall be given by publishing a copy
5of the resolution pursuant to Section 6066 of the Government Code
6prior to the time fixed for the hearing in a newspaper printed and
7published in the agency, if there is a newspaper printed and
8published in the agency. This notice shall also be given by posting
9a copy of the resolution in three public places within the proposed
10improvement district at least two weeks before the time fixed for
11the hearing.

12(c) At the time and place fixed for the hearing, or at any time
13and place to which it is adjourned, the board shall proceed with
14the hearing. At the hearing, any person interested, including any
15person owning property within the agency or within any proposed
16improvement district, may appear and present any matters material
17to the questions set forth in the resolution declaring the necessity
18for incurring the bonded indebtedness. The board shall have the
19power to change the purpose for which the proposed debt is to be
20incurred, or the amount of bonded debt to be incurred, or the
21boundaries of the proposed improvement district, or any
22combination of these; provided, however, that the board shall not
23change the boundaries so as to include any territory that will not,
24in its judgment, be benefited by the improvement.

25(d) The purpose, amount of bonded debt, or boundaries shall
26 not be changed by the board except after notices of its intention
27 to do so, given by publication pursuant to Section 6061 of the
28Government Code in a newspaper printed and published in the
29Bighorn-Desert View Water Agency, if there is a newspaper printed
30and published in the agency, and by posting in three public places
31within the proposed improvement district. The notice shall state
32the changed purpose and debt proposed and that the exterior
33boundaries as proposed to be changed are set forth on a map on
34file with the secretary of the agency, which map shall govern for
35all details as to the extent of the proposed improvement district,
36and specify the time and place for hearing on the change, which
37time shall be at least 10 days after publication or posting of the
38notice. At the time and place fixed, or at any time and place to
39which the hearing is adjourned, the board shall proceed with the
40hearing. At the hearing any person interested, including any person
P20   1owning property within the agency or the proposed improvement
2district, may appear and present any matters material to the changes
3stated in the notice. At the conclusion of the hearing, the board
4shall, by resolution, determine whether it is deemed necessary to
5incur the bonded indebtedness, and, if so, the resolution shall also
6state the purpose for which the proposed debt is to be incurred,
7the amount of the proposed debt, that the exterior boundaries of
8the portion of the agency that will be benefited are set forth on a
9map on file with the secretary of the agency which map shall
10govern for all details as to the extent of the improvement district,
11and that the portion of the agency set forth on the map shall
12thereupon constitute and be known as “Improvement District No.
13... of Bighorn-Desert View Water Agency,” and the determinations
14made in the resolution shall be final and conclusive. After the
15formation of an improvement district within the Bighorn-Desert
16View Water Agency pursuant to this section, all proceedings for
17the purpose of a bond election shall be limited, and shall apply
18only to the improvement district, and taxes for the payment of the
19bonds and the interest thereon shall be levied exclusively upon the
20taxable property in the improvement district.

21(e) After the board has made its determination of the matters
22required to be determined by the last mentioned resolution, and if
23the board deems it necessary to incur the bonded indebtedness,
24the board shall by a further resolution call a special election in the
25improvement district for the purpose of submitting to the qualified
26voters thereof the proposition of incurring indebtedness by the
27issuance of bonds of the agency for the improvement district. The
28resolution shall state all of the following:

29(1) That the board deems it necessary to incur the bonded
30 indebtedness.

31(2) The purpose for which the bonded indebtedness will be
32incurred.

33(3) The amount of debt to be incurred.

34(4) The improvement district to be benefited by the indebtedness,
35as set forth in the resolution making determinations, and that a
36map showing the exterior boundaries of the improvement district
37is on file with the secretary of the agency, which map shall govern
38for all details as to the extent of the improvement district.

P21   1(5) That taxes for the payment of the bonds and the interest
2thereon shall be levied exclusively upon the taxable property in
3the improvement district.

4(6) The maximum term the bonds proposed to be issued shall
5run before maturity, which shall not exceed 40 years.

6(7) The maximum rate of interest to be paid, which shall not
7exceed the rate permitted by Article 7 (commencing with Section
853530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
9Government Code, payable semiannually, except that interest for
10the first year may be payable at the end of the year or payable on
11a fixed or variable basis, on dates specified in the resolution.

12(8) The measure to be submitted to the voters.

13(9) The date upon which an election shall be held for the purpose
14of authorizing the bonded indebtedness to be incurred.

15(f) The board of directors shall provide for holding the special
16election on the day so fixed and in accordance with the provisions
17of the Elections Code, as applicable, except as herein otherwise
18provided. Notice of the holding of the election shall be given by
19publishing pursuant to Section 6066 of the Government Code the
20resolution calling the election prior to the date of the proposed
21election in at least one newspaper printed and published in the
22agency, if there is a newspaper printed and published in the agency.
23The resolution shall also be posted in three public places in the
24improvement district not less than two weeks prior to the date of
25the proposed election. No other notice of the election need be
26given.

27(g) The returns of the election shall be made, the votes
28 canvassed, and the results thereof ascertained and declared in
29accordance with the provisions of the Elections Code so far as they
30may be applicable. The secretary of the board of directors, as soon
31as the result is declared, shall enter in the records of the board a
32statement of the results. No irregularities or informalities in
33conducting the election shall invalidate it, if the election shall have
34otherwise been fairly conducted.

35(h) Any action or proceeding contesting, questioning, or denying
36the validity of the formation of the improvement district, of the
37bonds, or of the proceedings in relation to the bonds shall be
38commenced within 60 days from the date of such election, or the
39bonds and all proceedings in relation to the bonds, including the
P22   1formation of the improvement district, shall be held to be valid
2and in every respect legal and incontestable.

3

SEC. 36.  

Section 30 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:

6

Sec. 23.  

(a) Any portion of the Bighorn-Desert View Water
7Agency, whether contiguous or not to an improvement district
8thereof, may be annexed to the improvement district in the
9following manner. A petition, which may consist of any number
10of separate instruments, shall be filed with the secretary of the
11agency, signed by holders of title to 60 percent or more of the land
12in the portion proposed to be annexed, which land as so represented
13in the petition shall have an assessed valuation of not less than 50
14percent of the land so proposed to be annexed. The petition shall
15contain all of the following:

16(1) A description of the area proposed to be annexed, which
17may be made by reference to a map on file with the secretary of
18the agency, which map shall govern for all details as to the extent
19of the area proposed to be annexed, or in any other definite manner.

20(2) The terms and conditions upon which the proposed area may
21be annexed as theretofore determined by resolution adopted by
22the board of directors of the agency.

23(3) A request that the board of directors declare the area to be
24annexed to the improvement district.

25(b) The petition shall be accompanied by a certified check
26payable to the order of the agency in sufficient sum to reimburse
27the agency for expenses of processing and publishing the petition
28and preparing and making the filings required by law.

29(c) Within 10 days of the date of the filing of the petition, the
30secretary of the agency shall examine it and ascertain whether or
31not the petition is signed by the required number of property
32owners; and, if requested by the secretary of the agency, the board
33of directors shall authorize the general manager to employ persons
34especially for that purpose, in addition to the persons regularly
35employed in his or her office, and shall provide for their
36compensation. When the general manager has completed his or
37her examination of the petition, he or she shall attach to it his or
38her certificate, properly dated, showing the result of the
39examination; and if from the examination he or she finds the
40petition is signed by the requisite number of property owners, or
P23   1is not so signed, he or she shall certify that the petition is sufficient,
2or insufficient, as the case may be.

3(d) If by the certificate of the general manager, the petition is
4found to be insufficient, the petition may be amended by filing a
5supplemental petition or petitions within 10 days of the date of the
6certificate. The general manager shall, within 10 days after the
7filing of the supplemental petition or petitions, examine them and
8certify to the result of the examination as hereinbefore provided.

9(e) If by the certificate of the general manager, the petition, or
10petition as amended, is shown to be sufficient, the secretary shall
11cause notice of hearing on the petition to be published and posted.

12(f) The text of the petition shall be published pursuant to Section
136066 of the Government Code prior to the time at which it is to
14be presented to the board of directors of the agency in at least one
15newspaper printed and published in the Bighorn-Desert View
16Water Agency, if there is a newspaper printed and published in
17the agency, together with a notice stating the time and place of the
18meeting at which the petition will be presented. When contained
19upon one or more instruments, only one copy of the petition need
20be published. No more than five of the names attached to the
21petition need appear in the publication of the petition and notice,
22but the number of signers shall be stated. The notice and petition
23shall also be posted in three public places in the improvement
24district and three public places in the area proposed to be annexed,
25at least two weeks prior to the hearing.

26(g) The board of directors of the agency shall proceed to hear
27the petition at the time and place fixed therefor and any person
28residing within the agency or improvement district or owning
29 taxable property in the agency or improvement district shall be
30entitled to appear and be heard at the hearing. The hearing may be
31continued from time to time by the board of directors of the agency.
32At the conclusion of the hearing, and if the board of directors finds
33and determines from the evidence presented at the hearing that the
34area proposed to be annexed to an improvement district will be
35benefited thereby, and that the improvement district to which the
36area is proposed to be annexed will also be benefited thereby and
37will not be injured thereby, the board of directors of the agency
38may, by resolution, approve the annexation, describing the territory
39so annexed, which may be by reference to a map on file with the
40secretary of the agency, which shall govern for all details as to the
P24   1extent of the annexed area, or in any other definite manner, and
2the terms and conditions of annexation as theretofore determined
3by resolution of the board of directors.

4(h) From and after the date of the adoption of the resolution,
5the area named therein shall be deemed added to and shall form a
6part of the improvement district and the taxable property therein
7shall be subject to taxation thereafter for the purposes of the
8improvement district, including the payment of the principal of
9and interest on bonds and other obligations of the improvement
10district at the time authorized and outstanding at the time of the
11annexation as if the annexed property had always been a part of
12the improvement district, and the board of directors of the
13Bighorn-Desert View Water Agency shall be empowered to do all
14things necessary to enforce and make effective the terms and
15conditions of annexation fixed as authorized in this section.

16(i) Any action or proceeding wherein the validity of an
17annexation is contested,begin delete questionedend deletebegin insert questioned,end insert or denied must be
18commenced within 60 days after the date of adoption of the
19resolution approving the annexation, or the annexation shall be
20held to be valid and in every respect legal and incontestable.

21

SEC. 37.  

Section 31 of the Bighorn-Desert View Water Agency
22Law
(Chapter 1175 of the Statutes of 1969) is amended and
23renumbered to read:

24

Sec. 24.  

(a) If from the returns it appears that more than
25two-thirds of the votes cast in the election held pursuant to the
26provisions of Section 21 orbegin delete of Sectionend delete 22 of this act were in favor
27of and assented to the incurring of the proposed indebtedness, then
28the board of directors may, by resolution, at such time or times as
29it deems proper, issue bonds of the agency for the whole or any
30part of the amount of the indebtedness so authorized, and may
31from time to time provide for the issuance of such amounts as are
32needed, until the full amount of the bonds authorized has been
33issued. Bonds may be divided into two or more series and different
34dates may be fixed for each of the series. The maximum term that
35the bonds of any series shall run before maturity shall not exceed
3640 years from the date of the series.

37(b) The board of directors shall, by resolution, prescribe the
38form of the bonds and fix the time when the whole or any part of
39the principal shall become due and payable. The payment of the
40first installment of principal may be deferred for a period of not
P25   1more than five years from the date of the bonds of each series. The
2bonds shall bear interest at a rate or rates not to exceed the rate
3permitted by Article 7 (commencing with Section 53530) of
4Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
5Code, payable on a fixed or variable basis, or payable on the dates
6specified in the resolution. The board of directors may also provide
7for call and redemption of bonds prior to maturity at such times
8and prices and upon such other terms as it may specify. A bond
9shall not be subject to call or redemption prior to maturity unless
10it contains a recital to that effect or unless a statement to that effect
11is printed thereon.

12(c) The denomination of the bonds shall be stated in the
13resolution providing for their issuance, but shall not be less than
14one hundred dollars ($100). The principal and interest shall be
15payable in lawful money of the United States at the office of the
16treasurer of the district or such other place or places as may be
17designated, or at either place or places at the option of the holder
18of the bond.

19(d) The bonds shall be dated, numbered consecutively, and be
20signed by the president and treasurer of the agency, countersigned
21by the secretary of the agency, and the official seal of the agency
22attached. All of these signatures and countersignatures may be
23printed, lithographed, or mechanically reproduced, except that one
24of these signatures or countersignatures shall be manually affixed.

25(e) If the bond election proceedings have been limited to and
26have applied only to an improvement district within the agency,
27the bonds are bonds of the agency and shall be issued in the name
28of the agency and shall be designated “Bonds of the Bighorn-Desert
29View Water Agency for Improvement District No. ___” and each
30bond shall state that taxes levied for the payment thereof shall be
31levied exclusively upon the taxable property in that improvement
32district.

33(f) Before selling the bonds, or any part thereof, the board of
34directors shall give notice inviting sealed bids in such manner as
35it may prescribe. If satisfactory bids are received, the bonds offered
36for sale shall be awarded to the highest responsible bidder. If no
37bids are received, or if the board determines that the bids received
38are not satisfactory as to price or responsibility of the bidders, it
39may reject all bids received, if any, and either readvertise or
40negotiate the sale of the bonds. The board of directors may
P26   1determine by a two-thirds vote of the total vote of the board that
2the interest of the district and the public interest or necessity require
3that the bonds may be sold at private sale upon those terms and
4conditions as the board may deem necessary, convenient, or
5desirable. In addition to interest paid on a bond or evidence of
6indebtedness of the district, the board, in its discretion, may sell
7the bonds or evidence of indebtedness at less than its par or face
8value, but not at less than 94 percent of the par or face value
9thereof.

10(g) The proceeds arising from the sale of bonds shall be paid
11into the treasury of the agency and placed to the credit of a special
12improvement fund and expended only for the purpose for which
13the indebtedness was created; provided, however, that when that
14purpose has been accomplished any moneys remaining in the
15special improvement fund may be transferred to the water operating
16fund to be used for the payment of principal of and interest on the
17bonds. The moneys remaining from the sale of bonds of the agency
18may also be used for some other agency purpose. Moneys
19remaining from the sale of bonds of the agency for an improvement
20district therein may also be used for any purpose that will benefit
21the property in the improvement district.

22(h) The bonds of the district shall be legal investment for all
23trust funds and for the funds of all insurance companies, banks,
24both commercial and savings, and trust companies, for state school
25funds, and, whenever any moneys or funds may by law now or
26hereafter enacted be invested in bonds of a city, county, or city
27and county, school districts, and municipalities in the state, the
28moneys or funds may be invested in bonds of the district, issued
29in accordance with the provisions of this act. Whenever bonds of
30a city, county, city and county, school district, or municipality may
31by law be used as security for the performance of any act, the
32bonds of the district may be so used.

33

SEC. 38.  

Section 32 of the Bighorn-Desert View Water Agency
34Law
(Chapter 1175 of the Statutes of 1969) is amended and
35renumbered to read:

36

Sec. 25.  

Any bonds issued by the Bighorn-Desert View Water
37Agency are hereby given the same force,begin delete valueend deletebegin insert value,end insert and use as
38bonds issued by any city and shall be exempt from all taxation
39within the State of California.

P27   1

SEC. 39.  

Section 33 of the Bighorn-Desert View Water Agency
2Law
(Chapter 1175 of the Statutes of 1969) is amended and
3renumbered to read:

4

Sec. 26.  

(a) Whenever the board of directors deems it necessary
5to form an improvement district of a portion of the agency for a
6purpose other than the incurring of bonded indebtedness under
7Section 22 of this act it shall by resolution so declare and state all
8of the following:

9(1) The purpose for which the proposed improvement district
10is to be formed.

11(2) The estimated expense of carrying out the purpose.

12(3) That the board intends to form an improvement district of
13a portion of the agency that in the opinion of the board will be
14benefited, the exterior boundaries of which portion are set forth
15on a map on file with the secretary of the agency, which map shall
16govern for all details as to the extent of the proposed improvement
17 district.

18(4) That taxes for carrying out the purpose shall be levied
19exclusively upon the taxable property in the proposed improvement
20district.

21(5) That a map showing the exterior boundaries of the proposed
22improvement district, with relation to the territory immediately
23contiguous thereto, is on file with the secretary of the agency and
24is available for inspection by any person or persons interested.

25(6) The time and place for a hearing by the board on the
26questions of the formation of the proposed improvement district,
27the extent thereof, the purpose for which it is to be formed, and
28the estimated expense of carrying out the purpose.

29(7) That at the time and place specified, any person interested,
30including all persons owning property in the agency or in the
31proposed improvement district, will be heard.

32(b) Notice of the hearing shall be given by publishing a copy
33of the resolution pursuant to Section 6066 of the Government Code
34prior to the time fixed for the hearing in a newspaper circulated in
35the Bighorn-Desert View Water Agency, if there is a newspaper
36circulated therein. This notice shall also be given by posting a copy
37of the resolution in three public places within the proposed
38improvement district for at least two weeks before the time fixed
39for the hearing.

P28   1(c) At the time and place of the hearing, or at any time or place
2to which the hearing is adjourned, the board shall proceed with
3the hearing, at which any person interested, including all persons
4owning property in the agency, or in the proposed improvement
5district, may appear and present any matters material to the
6questions set forth in the resolution. At the conclusion of the
7hearing the board shall, by resolution, determine whether it is
8necessary to form the proposed improvement district, and, if so,
9the resolution shall also state the purpose for which the proposed
10improvement district is to be formed, the estimated expense of
11carrying out the purpose, that the exterior boundaries of the portion
12of the agency that will be benefited are set forth on a map on file
13with the secretary of the agency, which map shall govern for all
14details as to the extent of the improvement district, and that the
15portion of the agency set forth on the map shall thereupon
16 constitute and be known as “Improvement District (A, B, C, or
17other letter designation) of the Bighorn-Desert View Water
18Agency,” and the determinations made in the resolution shall be
19final and conclusive. After the formation of the improvement
20district within the Bighorn-Desert View Water Agency pursuant
21to this section all taxes levied for the purpose for which the
22improvement district is formed shall be levied exclusively upon
23the taxable property in the improvement district.

24(d) A copy of the resolution forming the improvement district
25shall be published pursuant to Section 6066 of the Government
26Code in a newspaper printed and published in the agency, if there
27is a newspaper printed and published in the agency, and a copy of
28the resolution shall also be posted in three public places within the
29proposed improvement district for at least two weeks. The
30resolution shall not be effective until the 31st day after completion
31of this posting, and, if applicable, publication. If, before this date,
32a petition signed by not less than 10 percent of the voters of the
33improvement district requesting that an election be held on the
34formation thereof is presented to the board of directors, the board
35shall call a special election in the improvement district for the
36purpose of submitting the question of the formation of the
37improvement district to the voters of the proposed improvement
38district.

39(e) The board of directors shall fix a date for this special election
40in accordance with applicable provisions of the Elections Code,
P29   1except as herein otherwise provided. Notice of the holding of the
2election shall be given by publishing the resolution calling the
3 election pursuant to Section 6066 of the Government Code prior
4to the date of the proposed election in at least one newspaper
5printed and published in the Bighorn-Desert View Water Agency,
6if there is a newspaper printed and published in the agency. The
7resolution 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(f) The returns of the election shall be made, the votes
12 canvassed, and the results thereof ascertained and declared in
13accordance with the applicable provisions of the Elections Code,
14except as in this act otherwise provided. The secretary of the board
15of directors, as soon as the result is declared, shall enter in the
16records of the board a statement of the results. No irregularities or
17informalities in conducting the election shall invalidate it, if the
18election shall have otherwise been fairly conducted.

19(g) If from the returns it appears that a majority of the votes cast
20at the election were in favor of the formation of the improvement
21district, the formation of the improvement district shall be
22complete.

23(h) Any action or proceeding questioning, contesting, or denying
24the validity of the formation of the improvement district, or of any
25of the proceedings in relation to that formation, shall be
26commenced within 60 days from the effective date of the resolution
27forming the district, or, if an election is held, within 60 days from
28the date of the election, or the formation of the improvement
29district, and all proceedings in relation thereto, shall be held to be
30valid and in every respect legal and incontestable.

31

SEC. 40.  

Section 34 of the Bighorn-Desert View Water Agency
32Law
(Chapter 1175 of the Statutes of 1969) is amended and
33renumbered to read:

34

Sec. 27.  

The board of directors may advance general funds of
35the agency to accomplish the purposes of an improvement district
36 and the district may repay the agency from the proceeds of the sale
37of bonds authorized for those purposes, or from the special taxes
38levied exclusively upon the taxable property in the improvement
39district, at the rate of interest authorized by Article 7 (commencing
P30   1with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title
25 of the Government Code.

3

SEC. 41.  

Section 35 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:

6

Sec. 28.  

Interest on any bonds issued by the agency coming
7due before the proceeds of a tax levied at the next tax levy after
8the sale of the bonds are available, and interest on any bonds issued
9by the agency coming due before the expiration of one year
10following completion of the acquisition and construction of the
11works and improvements for which the bonds were issued may be
12paid from the proceeds of the sale of those bonds.

13

SEC. 42.  

Section 36 of the Bighorn-Desert View Water Agency
14Law
(Chapter 1175 of the Statutes of 1969) is repealed.

15

SEC. 43.  

Section 40 of the Bighorn-Desert View Water Agency
16Law
(Chapter 1175 of the Statutes of 1969) is repealed.

17

SEC. 44.  

Section 41 of the Bighorn-Desert View Water Agency
18Law
(Chapter 1175 of the Statutes of 1969) is repealed.

19

SEC. 45.  

Section 42 of the Bighorn-Desert View Water Agency
20Law
(Chapter 1175 of the Statutes of 1969) is amended and
21renumbered to read:

22

Sec. 29.  

The Bighorn-Desert View Water Agency shall not be
23dissolved until all indebtedness shall have been fully paid.

24

SEC. 46.  

Section 30 is added to the Bighorn-Desert View Water
25Agency Law
(Chapter 1175 of the Statutes of 1969), to read:

26

Sec. 30.  

(a) The Bighorn-Desert View Water Agency shall
27separately account for and use funds derived from the operation
28of the Desert View Water District and the Bighorn Mountains
29Water Agency for the purpose of bond debt service for each of the
30former systems.

31(b) Nothing in this part shall be construed to impair any contract
32entered into prior to January 1, 2014.

33

SEC. 47.  

Section 45 of the Bighorn-Desert View Water Agency
34Law
(Chapter 1175 of the Statutes of 1969) is repealed.

35

SEC. 48.  

Section 46 of the Bighorn-Desert View Water Agency
36Law
(Chapter 1175 of the Statutes of 1969) is repealed.

37

SEC. 49.  

Section 48 of the Bighorn-Desert View Water Agency
38Law
(Chapter 1175 of the Statutes of 1969) is amended and
39renumbered to read:

P31   1

Sec. 35.  

If any section, subsection, sentence, clause, or phrase
2of this act or the application thereof to any person or circumstance
3is for any reason held invalid, the validity of the remainder of the
4act or the application of the provision to other persons or
5circumstances shall not be affected. The Legislature hereby declares
6that it would have passed this act and each section, subsection,
7sentence, clause, and phrase thereof irrespective of the fact that
8one or more sections, subsections, sentences, clauses, or phrases
9or the application thereof to any person or circumstances may be
10held invalid.

11

SEC. 50.  

Section 49 of the Bighorn-Desert View Water Agency
12Law
(Chapter 1175 of the Statutes of 1969) is repealed.

13

SEC. 51.  

Section 50 of the Bighorn-Desert View Water Agency
14Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
153 of Chapter 950 of the Statutes of 1985, is amended and
16renumbered to read:

17

begin deleteSec. 18end delete
18begin insertSec. 18.end insert  

The board of directors, by ordinance or resolution,
19may fix and impose, on or before the first day of July in any
20calendar year, a water standby or availability charge on lands
21within the agency or in any improvement district thereof to which
22water is made available by the agency through underground or by
23surface facilities, whether the water is actually used or not. The
24standby charge shall not exceed ten dollars ($10) per acre per year
25for each acre of land within the agency or any improvement district
26thereof or ten dollars ($10) per year for any parcel of less than one
27acre. Alternatively, the board of directors may fix a water standby
28charge in accordance with the provisions of the Uniform Standby
29Charge Procedures Act (Chapter 12.4 (commencing with Section
3054984) of Part 1 of Division 2 of Title 5 of the Government Code).
31A standby charge shall be adopted by the board only in compliance
32with the applicable provisions of the California Constitution and
33state law. The board of directors may establish schedules varying
34the charges according to land uses, water uses, and degree of water
35availability. The board of directors shall certify to the county board
36of supervisors the charge or charges so fixed in accordance with
37the applicable procedures of the county. The charges shall be
38collected in the same form and manner as county taxes are collected
39and shall be paid to the agency. Charges fixed by the agency shall
40be a lien on all the property charged pursuant to this section. Liens
P32   1for the charges shall be of the same force and effect as other liens
2for taxes, and their collection may be enforced by the same means
3as provided for the enforcement of liens for state and county taxes.

4

SEC. 52.  

Section 51 of the Bighorn-Desert View Water Agency
5Law
(Chapter 1175 of the Statutes of 1969), as amended by Section
65 of Chapter 1035 of the Statutes of 1982, is repealed.

7

SEC. 53.  

Section 52 of the Bighorn-Desert View Water Agency
8Law
(Chapter 1175 of the Statutes of 1969) is amended and
9renumbered to read:

10

Sec. 31.  

(a) Whenever the board deems it necessary to incur
11a bonded indebtedness for the acquisition, construction, completion,
12 replacement, or repair of any or all improvements, works, or
13property mentioned in this act and to provide for that bonded
14indebtedness to be payable from taxes levied upon an uninhabited
15portion of the agency, the board shall, by resolution, declare its
16intention to form an uninhabited improvement district in that
17portion of the agency and to incur the indebtedness.

18(b) For the purposes of this section, the portion of the agency
19formed into an uninhabited improvement district shall be deemed
20uninhabited if less than 12 voters reside within the district at the
21time of the formation of the district.

22(c) The resolution of intention shall state that the board of
23directors intends to form an improvement district of an uninhabited
24portion of the agency which, in the opinion of the board, will be
25benefited, and to incur indebtedness by the issuance of bonds of
26the agency for that uninhabited improvement district.

27The resolution of intention shall also state all of the following:

28(1) The purpose for which the proposed debt is to be incurred.

29(2) The amount of debt to be incurred, which may include
30expenses of all proceedings for the authorization, issuance, and
31sale of the bonds.

32(3) That taxes for the payment of the bonds and the interest
33thereon will be levied exclusively upon the taxable property in the
34uninhabited improvement district.

35(4) That a general description of the proposed improvement,
36together with a map showing the exterior boundaries of the
37proposed uninhabited improvement district with relation to the
38territory immediately contiguous thereto and to the proposed
39improvement is on file with the agency and is available for
40inspection by any person or persons interested. This map shall
P33   1govern for all details as to the extent of the proposed uninhabited
2improvement district.

3(5) The time and place for a hearing by the board of directors
4on the questions of the formation and extent of the proposed
5uninhabited improvement district, the proposed improvement, and
6the amount of debt to be incurred.

7(6) That at the time and place specified in the resolution any
8person interested will be heard, and that any owner of property
9within the proposed uninhabited improvement district may file
10with the agency at any time prior to the time set for the hearing
11written protest to the formation of the proposed uninhabited
12improvement district.

13(d) Notice of the hearing shall be given by publishing a copy
14of the resolution pursuant to Section 6066 of the Government Code
15prior to the time fixed for the hearing in a newspaper circulated in
16the agency, if there is a newspaper circulated in the agency. Notice
17shall also be given by posting a copy of the resolution of intention
18in three public places within the proposed uninhabited improvement
19district for at least two weeks before the time fixed for the hearing.

20(e) A copy of the resolution of intention shall also be mailed,
21postage prepaid, to each person to whom land in the proposed
22uninhabited improvement district is assessed as shown on the last
23equalized county assessment roll, at his or her address as shown
24upon the roll, and to any person, whether owner in fee or having
25a lien upon, or legal or equitable interest in, any land within the
26proposed uninhabited improvement district, whose name and
27address and a designation of the land in which he or she is
28interested is on file with the agency.

29(f) At the time and place fixed in the resolution of intention, or
30at any time or place to which the hearing is adjourned, the board
31shall proceed with the hearing. At the hearing any person interested
32may appear and present any matters material to the questions set
33forth in the resolution. Also at the hearing the board shall hear and
34pass upon all written protests filed by the owners of property within
35the proposed uninhabited improvement district.

36(g) If written protests are filed by the owners of one-half of the
37value of the property within the proposed uninhabited improvement
38district, as shown by the last equalized assessment roll of the
39county, further proceedings shall not be taken. If written protests
40are not filed by the owners of one-half of the value of the property,
P34   1the board shall by resolution determine whether it is necessary to
2incur the bonded indebtedness and if so, the resolution shall also
3state all of the following:

4(1) The purpose for which the proposed debt is to be incurred.

5(2) The amount of the proposed debt.

6(3) That the exterior boundaries of the portion of the agency
7 that will be benefited are set forth on a map on file with the
8secretary, which map shall govern for all details as to the extent
9of the uninhabited improvement district.

10(4) That the portion of the agency set forth on the map shall
11thereupon constitute and be known as “Improvement District No.
12...... of ...... Bighorn-Desert View Water Agency.”

13(h) The determinations made in the resolution of formation shall
14be final and conclusive.

15(i) After the formation of the uninhabited improvement district
16pursuant to this law the board may, by resolution, at the time or
17times that it deems proper, issue bonds of the agency for the whole
18or any part of the amount of the indebtedness authorized by the
19resolution of formation. All taxes levied for the payment of the
20bonds and the interest thereon shall be levied exclusively upon the
21taxable property in the uninhabited improvement district.

22(j) Any action or proceeding contesting, questioning, or denying
23the validity of the formation of an uninhabited improvement district
24or of any of the proceedings in relation thereto shall be commenced
25within 60 days from the date of the resolution forming that district,
26or the formation of the uninhabited improvement district and all
27proceedings in relation thereto shall be held to be valid and in
28every respect legal and incontestable.

29(k) The board may advance general funds of the agency to
30accomplish the purposes of an improvement district formed
31pursuant to this section.

32(l) The board may repay the agency for any advance of funds
33from the proceeds of the sale of bonds authorized for the purposes
34of the improvement district.

35

SEC. 54.  

Section 53 of the Bighorn-Desert View Water Agency
36Law
(Chapter 1175 of the Statutes of 1969) is amended and
37renumbered to read:

38

Sec. 32.  

(a) The board, by resolution, may initiate proceedings
39for the annexation of territory to an improvement district within
40the agency whether contiguous or not to the improvement district.

P35   1(b) The resolution proposing annexation shall do all of the
2following:

3(1) Declare that proceedings have been initiated by the board
4pursuant to this law.

5(2) State the reason for proposing the annexation.

6(3) Set forth a description of the area proposed to be annexed,
7which may be made by reference to a map on file with the secretary
8of the agency which map shall govern for all details as to the extent
9of the area proposed to be annexed.

10(4) State the terms and conditions of the annexation.

11(5) State that the holders of title to any of the land sought to be
12annexed may file written protests with the secretary to the
13annexation or the annexation upon those terms and conditions.

14(6) Fix the time and place of a meeting at which the board will
15receive written protests filed with the secretary, receive additional
16written protests, and hear from any and all persons interested in
17the annexation.

18(c) The text of the resolution proposing annexation shall be
19published, pursuant to Section 6066 of the Government Code, prior
20to the time of hearing in at least one newspaper printed and
21published in the agency, if there is a newspaper published and
22printed in the agency.

23(d) A copy of the resolution proposing annexation shall also be
24posted in three public places within the improvement district and
25three public places in the area proposed to be annexed at least two
26weeks prior to the hearing.

27(e) The board shall proceed with the hearing at the time and
28place fixed therefor and may continue the hearing, if need be, from
29time to time. All interested persons shall be heard at the hearing.

30 (f) If written protests are filed by the holders of title of one-half
31of the value of the territory proposed to be annexed as shown by
32the last equalized assessment roll of each county in which the
33territory is situated, further proceedings shall not be taken, and the
34board shall refuse the annexation by a resolution so stating.

35(g) If written protest is not made by the owners of one-half of
36the value of the territory proposed to be annexed, and if, at the
37conclusion of the hearing, the board finds and determines for the
38evidence presented at the hearing that the area proposed to be
39annexed to an improvement district will be benefited thereby, and
40that the improvement district to which the area proposed to be
P36   1annexed will also be benefited thereby and will not be injured
2thereby, the board may, by resolution, approve the annexation.

3(h) The resolution shall describe the territory annexed, which
4may be by reference to a map on file with the secretary, which
5map shall govern for all details as to the extent of the annexed
6area. The resolution shall also state the terms and conditions of
7annexation as determined by resolution of the board.

8(i) If the board finds and determines that either the area proposed
9to be annexed to the improvement district will not be benefited
10thereby or that the improvement district to which the area is
11proposed to be annexed will not be benefited thereby or will be
12injured thereby, the board shall by resolution disapprove the
13annexation.

14(j) From and after the date of the adoption of the resolution
15approving the annexation, the area described therein is added to
16and forms a part of the improvement district.

17(k) The taxable property in the annexed area shall be subject to
18taxation after the annexation thereof for the purposes of the
19improvement district, including the payment of the principal of
20and interest on bonds and other obligations of the improvement
21district authorized and outstanding at the time of the annexation
22as if the annexed property had always been a part of the
23improvement district.

24(l) The board may do all things necessary to enforce and make
25effective the terms and conditions of annexation fixed by it.

26(m) Any action or proceeding contesting, questioning, or
27denying the validity of an annexation to an improvement district
28pursuant to this section shall be commenced within 60 days after
29the date of the resolution of the board approving the annexation
30of the territory to an improvement district, or the annexation shall
31be held valid and in every respect legal and incontestable.

32

SEC. 55.  

Section 53.1 of the Bighorn-Desert View Water
33Agency Law
(Chapter 1175 of the Statutes of 1969) is amended
34and renumbered to read:

35

Sec. 32.5.  

Notwithstanding the provisions of Section 32, if the
36petition for annexation of land to an improvement district formed
37under Section 26 is signed by all of the holders of title of land in
38the portion proposed to be annexed, the board may proceed and
39act thereon without notice and hearing, but shall otherwise comply
40with the applicable provisions of this law.

P37   1

SEC. 56.  

Section 53.2 of the Bighorn-Desert View Water
2Agency Law
(Chapter 1175 of the Statutes of 1969) is amended
3and renumbered to read:

4

Sec. 33.  

(a) Proceedings to exclude territory from an
5improvement district, formed pursuant to Section 26, may be
6initiated by the board upon its own motion, or shall be initiated by
7the board upon receipt of a petition for exclusion signed by not
8less than 10 percent of the voters of the area proposed to be
9excluded. The petition shall state reasons that the exclusion will
10be beneficial to the agency or the improvement district or the
11territory to be excluded.

12(b) Upon adoption of a motion to initiate exclusion proceedings
13or upon receipt of a petition for exclusion, the board shall adopt a
14resolution of intention to exclude which shall state all of the
15following:

16(1) The method by which the exclusion proceedings were
17initiated; by motion of the board or by petition of voters.

18(2) That taxes for carrying out the purpose of the improvement
19district will not be levied upon taxable property in the excluded
20territory following the exclusion in the event the territory is
21excluded.

22(3) That following the exclusion, the taxable property in the
23territory remaining in the improvement district shall continue to
24be levied upon and taxed to provide funds for the purposes of the
25improvement district.

26(4) That a map showing the exterior boundaries of the proposed
27territory to be excluded, with relation to the territory remaining in
28 the improvement district, is on file with the secretary and is
29available for inspection by any person or persons interested. This
30map shall govern for all details as to the extent of the proposed
31exclusion.

32(5) The time and place for a hearing by the board on the
33questions of the proposed exclusion and the effect of the exclusion
34upon the agency, the improvementbegin delete districtend deletebegin insert district,end insert and the territory
35to be excluded.

36(6) That at that time and place any person interested, including
37all persons owning property in the agency or in the improvement
38district, will be heard.

39(c) Notice of the hearing shall be given by publishing a copy of
40the resolution of intention to exclude, pursuant to Section 6066 of
P38   1the Government Code, prior to the time fixed for the hearing in a
2newspaper circulated in the agency, if there is a newspaper printed
3and published in the agency. This notice shall also be given by
4posting a copy of the resolution of intention to exclude in three
5public places within the affected improvement district for at least
6two weeks before the time fixed for the hearing.

7(d) At the time and place fixed in the resolution of intention to
8exclude, or at any time or place to which the hearing is adjourned,
9the board shall proceed with the hearing. At the hearing any person
10interested, including any person owning property in the agency,
11or in the improvement district may appear and present any matters
12material to the questions set forth in the resolution of intention to
13exclude.

14(e) At the conclusion of the hearing, the board shall by resolution
15determine whether it is necessary or desirable to exclude the
16territory. If so, the resolution shall also state both of the following:

17(1) The reasons why the exclusion is necessary or desirable.

18(2) That the exterior boundaries of the improvement district
19following the exclusion are set forth on a map on file with the
20secretary, which map shall govern all details as to the extent of
21the resulting improvement district.

22(f) The determinations made in the resolution of exclusion shall
23be final and conclusive.

24(g) After the exclusion of territory from the improvement district
25pursuant to this section, all taxes levied for the carrying out of the
26improvement district’s purpose shall be levied exclusively upon
27the taxable property in the improvement district as then constituted.

28(h) A copy of the resolution of exclusion shall be published
29pursuant to Section 6066 of the Government Code in a newspaper
30printed and published in the agency, if there is a newspaper printed
31and published in the agency. A copy of the resolution shall also
32be posted in three public places within the improvement district
33for at least two weeks.

34(i) The resolution of exclusion shall not be effective until the
3531st day after completion of the publication and posting.

36(j) Any action or proceeding contesting, questioning, or denying
37the validity of the exclusion of territory from the improvement
38district or of any of the proceedings in relation thereto shall be
39commenced within 60 days from the effective date of the resolution
40of exclusion, or the exclusion and all proceedings in relation thereto
P39   1shall be held to be valid and in every respect legal and
2incontestable.

3

SEC. 57.  

Section 54 of the Bighorn-Desert View Water Agency
4Law
(Chapter 1175 of the Statutes of 1969) is amended and
5renumbered to read:

6

Sec. 34.  

(a) Notwithstanding any other provision herein,
7whenever the board deems it necessary for any improvement
8district formed pursuant to this act to be dissolved, it shall by
9resolution declare its intention to dissolve the improvement district.

10(b) As used in this act, “improvement district” includes an
11uninhabited improvement district formed pursuant to Section 31.

12(c) The resolution of intention shall state:

13(1) The reason why the improvement district should be
14dissolved.

15(2) That no bond, indebtedness, or liability has been issued or
16incurred for the improvement district that remains outstanding.

17(3) That a map showing the exterior boundaries of the
18improvement district, with relation to the territory immediately
19contiguous thereto, is on file with the secretary and is available
20for inspection by any person or persons interested.

21(4) The time and place for a hearing by the board on the question
22of the dissolution of the improvement district.

23(5) That at that time and place for the hearing any person
24interested, including all persons owning property in the agency or
25in the improvement district will be heard.

26(d) Notice of the hearing shall be given by publishing a copy
27of the resolution, pursuant to Section 6066 of the Government
28Code, prior to the time fixed for the hearing in a newspaper
29circulated in the agency, if there is a newspaper circulated in the
30agency. This notice shall also be given by posting a copy of the
31resolution in three public places within the improvement district
32for at least two weeks before the time fixed for the hearing.

33(e) At the time andbegin delete placedend deletebegin insert placeend insert fixed in the resolution of
34intention, or at any time or place to which the hearing is adjourned,
35the board shall proceed with the hearing. At the hearing any person
36interested, including all persons owning property in the agency,
37or in the improvement district, may appear and present any matters
38material to the proposed dissolution.

39(f) At the conclusion of the hearing the board shall, by
40resolution, determine whether it is necessary to dissolve the
P40   1improvement district. If so, the resolution shall state that the
2exterior boundaries of the improvement district are set forth on a
3map on file with the secretary and shall declare the improvement
4district dissolved. The determinations made in the resolution shall
5be final and conclusive.

6(g) When the resolution declaring an improvement district
7dissolved becomes effective, the dissolution of the improvement
8district is complete.

9(h) The taxable property within the boundaries of the dissolved
10improvement district shall continue to be taxed for any
11indebtedness of the agency contracted for the dissolved
12improvement district until the indebtedness has been satisfied, to
13the same extent that the property would be taxable for that purpose
14if the dissolution had not occurred.

15(i) Any action or proceeding contesting, questioning, or denying
16the validity of the dissolution of an improvement district, or of any
17of the proceedings in relation thereto, shall be commenced within
1860 days from the effective date of the resolution dissolving the
19improvement district, or the dissolution of the improvement district
20and, all proceedings in relation thereto, shall be held to be valid
21and in every respect legal and incontestable.

22(j) After a bond election has been held in an improvement
23district and less than two-thirds of the votes cast in the election
24were in favor of the measure, the board may within one year of
25the date of that election, call and hold another election for the
26purpose of resubmitting the measure to the electors of the
27improvement district. If the measure is not so resubmitted, the
28improvement district, on the anniversary date of the election, is
29dissolved without further action by the board. If the measure is
30resubmitted and fails to receive more than two-thirds of the votes
31cast in the election in favor of the measure, the improvement
32district is dissolved following the canvass of the election returns.

33begin insert

begin insertSEC. 58.end insert  

end insert

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

begin insert
35

begin insertSec. 35.end insert  

The agency shall comply with the California Public
36Records Act (Chapter 3.5 (commencing with Section 6250) of
37Division 7 of Title 1 of the Government Code).

end insert
38

begin deleteSEC. 58.end delete
39begin insertSEC. 59.end insert  

The Legislature finds and declares that Section 35 of
40this act, which amends Section 22 of the Bighorn-Desert View
P41   1Water Agency Law (Chapter 1175 of the Statutes of 1969), imposes
2a limitation on the public’s right of access to the meetings of public
3bodies or the writings of public officials and agencies within the
4meaning of Section 3 of Article I of the California Constitution.
5Pursuant to that constitutional provision, the Legislature makes
6the following findings to demonstrate the interest protected by this
7limitation and the need for protecting that interest:

8In order for the Bighorn-Desert View Water Agency to reduce
9costs and staff burdens associated with posting notices of specified
10hearings, while still providing adequate notice of public hearings,
11it is necessary to reduce, from six to three, the number of public
12locations in which the agency must post specified hearing notices.



O

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