SB 246, Fuller. Bighorn-Desert View Water Agency.
Existing law, the Desert View Water District-Bighorn Mountains Water Agency Consolidation Law, authorized a consolidation between the Desert View Water District and the Bighorn Mountains Water Agency and required a county water district consolidated with the Bighorn Mountains Water Agency to separately account for and use all funds derived from the operation of the former district system exclusively for the purposes of maintenance, operation, betterments, and bond debt service of the acquired system until all debt of the former system has been paid in full or until a majority vote of the electorate, as prescribed, authorizes other expenditures.
Under existing law, the Desert View Water District and the Bighorn Mountains Water Agency consolidated forming the Bighorn-Desert View Water Agency. Existing law, the Bighorn-Desert View Water Agency Law, grants to the consolidated successor district specified authorizations, powers, and duties and makes a violation of certain regulations and ordinances a misdemeanor.
This bill would make conforming changes related to the consolidated district and would repeal the provisions under which the consolidation was completed. The bill would revise various provisions relating to the operation of the district, including, but not limited to, specifying procedures for the repayment of bonded indebtedness incurred prior to the consolidation, and eliminating the misdemeanor for violations of ordinances of the district and making a violation of certain regulations an infraction instead of misdemeanor, as prescribed. This bill would require the district to set an annual appropriations limit and adopt an annual budget, as prescribed.
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.
The people of the State of California do enact as follows:
Part 9.2 (commencing with Section 33300) of Division 12 of the Water Code is repealed.
Section 1 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 2 of Chapter 570 of the Statutes of 1989, is amended to read:
This act is designated, and may be cited and referred to as, the “Bighorn-Desert View Water Agency Law.”
Section 2 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended to read:
The Bighorn-Desert View Water Agency, formed by the consolidation of agencies authorized pursuant to former Part 9.2 (commencing with Section 33300) of Division 12 of the Water Code, is hereby created, organized, and incorporated and shall be managed as herein expressly provided and may exercise the powers herein expressly granted or necessarily implied, and may include contiguous or noncontiguous parcels of both unincorporated and incorporated territory and shall include all territory lying within the following described boundaries:
All that real property situate in the County of San Bernardino, State of California, more particularly described as follows:
(a) Township 3 North, Range 4 East, San Bernardino Base and Meridian:
Section 7
Section 8
Section 11
South 1⁄2 Section 2
Southwest1⁄4 Section 12
Section 13, excluding the North1⁄2 of the Northeast 1⁄4
Section 14
Section 15
Section 16
Section 17
East1⁄2 Section 18
Northeast1⁄4, Northeast1⁄4, Section 20
North 1⁄2 Section 21
North1⁄2 Section 22
(b) Township 3 North, Range 5 East, San Bernardino Base and Meridian:
South1⁄2, South 1⁄2, Southwest1⁄4, Section 4
Section 8
Section 9, excluding the Northeast 1⁄4
Southwest1⁄4 Section 10
Section 13
South 1⁄2 Section 14
Section 15, excluding the Northeast 1⁄4
Section 16
Section 17
Section 18
Section 21
Section 22
Section 23
Section 24
West1⁄2 Section 26
Section 27
Southeast1⁄4 Section 33
Section 34
Section 35, excluding the Northeast 1⁄4
West 1⁄2, Northwest 1⁄4, Southwest 1⁄4, Section 36
Northeast 1⁄4, Northwest 1⁄4, Southwest 1⁄4, Section 36
(c) Township 2 North, Range 5 East, San Bernardino Base and Meridian:
Section 2
Section 3
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 22
Section 23
Section 26
Section 27
Section 34
(d) Township 2 North, Range 6 East, San Bernardino Base and Meridian:
Section 5
Section 6
Section 7, except certain parcels described as:
630-032-04 W 1⁄2 SW 1⁄4 SW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E 5 AC
630-032-05 E 1⁄2 SW 1⁄4 SW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E EX RDS
630-032-09 W 1⁄2 NE 1⁄4 NW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E EX RD
630-032-10 W 1⁄2 SE 1⁄4 NW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E EX RD
630-032-11 W 1⁄2 NE 1⁄4 SW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E EX RD
630-032-15 E 1⁄2 SE 1⁄4 NW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E 5 AC
630-032-49 W 1⁄2 SE 1⁄4 SW 1⁄4 SE 1⁄4 SEC 7 TP 2N R 6E EX W 100 FT S 422 FT THEREOF AND EX RDS
630-041-26 W 1⁄2 SE 1⁄4 NW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E EX RD MNL RTS AS RESERVED BY USA 5 AC
630-041-30 E 1⁄2 SE 1⁄4 SW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E 5 AC
630-041-39 W 1⁄2 SE 1⁄4 NE 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E 5 AC
630-041-42 N 280 FT W 1⁄4 SE 1⁄4 SW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E EX RD
630-041-54 N 130 FT S 380 FT W 1⁄4 SE 1⁄4 SW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E 5 EX RD
630-041-55 S 250 FT W 1⁄4 SE 1⁄4 SW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E 5 EX RD
630-041-56 N 1⁄2 E 1⁄2 SE 1⁄4 NW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E EX RD
630-041-57 S 1⁄2 E 1⁄2 SE 1⁄4 NW 1⁄4 NE 1⁄4 SEC 7 TP 2N R 6E
Section 18, except certain parcels described as:
630-021-18 E 1⁄2 SW 1⁄4 NW 1⁄4 NE 1⁄4 SEC 18 TP 2N R 6E EX RD
630-021-67 N 1⁄2 E 1⁄2 NW 1⁄4 NW 1⁄4 NE 1⁄4 SEC 18 TP 2N R 6E EX S 130 FT W 100 FT E 230 FT THEREOF AND EX MNL RTS AS RESERVED BY USA EX RDS
West 1⁄2, Section 19
Section 3 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as added by Section 3 of Chapter 570 of the Statutes of 1989, is repealed.
Section 5 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 4 of Chapter 570 of the Statutes of 1989, is amended and renumbered to read:
The Board of Directors of the Bighorn-Desert View Water Agency organized under this act shall consist of five members, each of whom shall be a resident of the agency, and shall hold office until his or her successor is elected. All successors of the first board shall be elected or chosen at the time and in the manner provided in the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
Section 7 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
No person shall vote at any Bighorn-Desert View Water Agency election who is not a voter within the meaning of the Elections Code.
In case the boundary line of the Bighorn-Desert View Water Agency crosses the boundary line of a county election precinct only those voters within the Bighorn-Desert View Water Agency and within the precinct who are registered as being voters within the Bighorn-Desert View Water Agency shall be permitted to vote, and for that purpose the county clerk or registrar of voters is hereby empowered to provide two sets of ballots within these precincts, one containing the names of candidates for office in the Bighorn-Desert View Water Agency, and the other not containing the names, and it shall be the duty of the election officers in these precincts to furnish only those persons registered as voters within the Bighorn-Desert View Water Agency with the ballots upon which are printed the names of the candidates for office in the Bighorn-Desert View Water Agency.
Section 8 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
The provisions of the Elections Code so far as they may be applicable shall govern all general and special Bighorn-Desert View Water Agency elections, except as otherwise provided in this act.
Section 8 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
For attending a meeting of the board of directors, each of the members of the board of directors may receive compensation in an amount not to exceed the maximum amount authorized by Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code.
Section 9 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 9 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Any vacancy in the board of directors shall be filled pursuant to Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.
Section 10 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
Every incumbent of an elective office, whether elected by popular vote for a full term, or chosen by the board of directors to fill a vacancy, is subject to recall by the voters of the Bighorn-Desert View Water Agency in accordance with the recall provisions of the Elections Code of the state with reference to cities.
Section 10 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
By a majority vote of the board of directors, the board shall appoint an attorney, chief engineer, general manager, and auditor, define their duties, and fix their compensations. The attorney, chief engineer, general manager, and auditor each shall serve at the pleasure of the board of directors. A member of the board of directors shall not serve as the appointed attorney, chief engineer, general manager, or auditor.
Section 11 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) The board of directors shall be the governing body of the Bighorn-Desert View Water Agency.
(b) The board of directors shall, by resolution, provide for the date, time, and place of holding of its meetings. All meetings of the board of directors, whether regular or special, shall be open to the public.
(c) A majority of the board of directors shall constitute a quorum for the transaction of business.
(d) At its first meeting in the month of January in each even-numbered year, the board of directors shall choose from among its members a president, vice president, and secretary.
(e) The board of directors shall adopt an annual budget and shall set an annual appropriations limit.
Section 11 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
The general manager shall:
(a) Have full charge and control of the maintenance, operation, and construction of the waterworks of the agency.
(b) Have full power and authority to employ and discharge all employees and assistants at pleasure.
(c) Prescribe the duties of employees and assistants.
(d) Fix and alter the compensation of employees and assistants subject to approval by the board of directors.
(e) Perform other duties imposed by the board of directors.
(f) Report to the board of directors in accordance with rules and regulations adopted by the board.
Section 12 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 2 of Chapter 696 of the Statutes of 1984, is amended to read:
The board of directors shall act only by ordinance, resolution, or minute order. No ordinance, resolution, or minute order shall be passed or become effective without the affirmative vote of a majority of the members of the board. The enacting clause of all ordinances passed by the board shall be: “Be it ordained by the Board of Directors of the Bighorn-Desert View Water Agency as follows:” Except as otherwise required by law, ordinances shall be adopted by one of the following procedures:
(a) A copy of the full text of the ordinance shall be posted in the office of the agency at least five days prior to the board meeting at which the ordinance is to be amended. Within 21 days after passage of an ordinance, the general manager shall cause the ordinance to be published at least once in a newspaper of general circulation published and circulated within the agency’s boundaries and shall cause the ordinance to be posted in at least three public places. An ordinance shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but summaries of the ordinance shall be published as provided in subdivision (b) or (c).
(b) The general manager may cause a summary of the ordinance or amendment to be published at least once in a newspaper of general circulation, and a copy of the full text of the ordinance or amendment shall be posted in the office of the agency at least five days prior to the board meeting at which the ordinance or amendment is to be adopted. Within 15 days after adoption of the ordinance or amendment, the general manager shall cause the ordinance or amendment to be published at least once in a newspaper of general circulation, published, and circulated within the agency’s boundaries, and shall cause the ordinance or amendment to be posted in at least three public places.
(c) If the general manager determines that it is not feasible to prepare a fair and adequate summary of the ordinance or amendment, the general manager shall cause a display advertisement of the full text of the ordinance or amendment of at least one-sixth of a page to be published in a newspaper of general circulation and a copy of the full text of the ordinance or amendment to be posted in the office of the agency at least five days prior to the board meeting at which the ordinance or amendment is to be adopted. Within 21 days after adoption, a display advertisement of a similar size shall be published and the full text posted in at least three public places.
Section 13 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 13 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
The voters of the Bighorn-Desert View Water Agency may pass an initiative in accordance with the methods provided by Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code for a city.
Section 14 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 14 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
The voters of the Bighorn-Desert View Water Agency may disapprove and thereby veto an ordinance by proceeding in accordance with the methods provided by Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code for a referendum in a city.
Section 15 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 1 of Chapter 950 of the Statutes of 1985, is amended to read:
The Bighorn-Desert View Water Agency, which may exercise only the powers expressly granted and those necessarily implied by this act, has all of the following powers:
1. To have perpetual succession.
2. To sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, condemnation, or lease, hold, use, enjoy, and to lease, with or without the privilege of purchase, sell, or dispose of real and personal property of every kind, within or without the agency.
5. To acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights and privileges, and construct, maintain, and operate water wells, conduits, pipelines, reservoirs, works, machinery, and other property useful or necessary to produce, store, convey, supply, or otherwise make use of water for a waterworks plant or system for the benefit of the agency, and to complete, extend, enlarge, add to, repair, or otherwise improve any waterworks or waterworks system acquired by the agency.
6. To construct, maintain, improve, and operate public recreational facilities appurtenant to any waterworks and to provide regulations binding upon all persons to govern the use of those facilities, including regulations imposing reasonable charges for the use thereof. Violation of any such regulation is an infraction punishable by a fine of not more than three hundred dollars ($300).
7. To sell water to other public agencies within the Bighorn-Desert View Water Agency and to the inhabitants of the territory of those public agencies for use within the Bighorn-Desert View Water Agency. The Bighorn-Desert View Water Agency may, whenever the board of directors finds that there is a surplus of water above that which may be required by consumers within the Bighorn-Desert View Water Agency, sell or otherwise dispose of surplus water to any persons, firms, public or private corporations, public agencies, or other consumers.
8. To supply and deliver water to property not subject to agency taxes at special rates, terms, and conditions as determined by the board of directors.
9. To restrict the use of agency water during any emergency caused by drought, or other threatened or existing water shortage, and to prohibit the wastage of agency water or the improper use of agency water during those periods, in accordance with Chapter 3 (commencing with Section 350) of Division 1 of the Water Code.
10. To make contracts, employ labor, and do all acts necessary for the full exercise of the above powers.
11. To provide for the pensioning of officers or employees and the creation of a special fund for the purpose of paying the pensions, and the accumulation of contributions to the fund from the revenues of the agency, the wages of officers or employees, voluntary contributions, gifts, donations, or any source of revenue not inconsistent with the general powers of the board, and to contract with any insurance corporation or any other insurance carrier for the maintenance of a service covering the pension of the officers or employees, and to provide for the terms and conditions under which pensions shall be awarded, and for the time and extent of service of officers or employees before pensions shall be available to them.
12. To acquire, control, distribute, store, spread, sink, treat, purify, reclaim, capture, recapture, and salvage any water, including sewage and stormwaters, for the beneficial use and protection of the agency or its inhabitants or the owners of right to water therein.
13. To contract with the federal government, the state, any state agency, a county, or other public agency, a private corporation, or other person for the purpose of carrying out any of the powers of the agency and, for that purpose, to contract with the other public agencies, private corporations, or persons for the purpose of financing acquisitions, constructions, and operations. These contracts may contain any other and further covenants and agreements as may be necessary or convenient to accomplish the purposes of the contract.
14. To commence, maintain, intervene in, defend, and compromise, in the name of the agency, or as a class representative of the inhabitants, property owners, taxpayers, or water producers or water users within the agency, or otherwise, and to assume the costs and expenses of any and all actions and proceedings, now or hereafter begun, involving or affecting the ownership or use of water or water rights, used or useful for any purpose, of the agency, or a common benefit to the lands within the agency or its inhabitants.
15. To commence, maintain, intervene in, defend, and compromise, in the name of the agency, or as a class representative of the inhabitants, property owners, taxpayers, water producers or water users within the agency, and to assume the costs and expenses of any and all actions or proceedings to prevent, control, or abate the pollution of water used or useful for any purpose of the agency, or to protect or provide a common benefit to lands within the agency or to the inhabitants of the agency, or to protect or control any watershed or basin overlain, in whole or in part, by the agency or which contributes or may contribute to the water supply of the agency.
16. To borrow money, incur indebtedness, and issue bonds or other evidences of indebtedness at the rate permitted by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code and to refund or retire any indebtedness or lien against the agency or its property.
17. To issue negotiable promissory notes that shall be general obligations of the agency payable from revenues and taxes in the same manner as bonds of the agency, at the rate permitted by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. The maturity of the promissory notes shall not be later than five years from the date thereof. The total aggregate amount of the notes outstanding, at any one time, shall not exceed five million dollars ($5,000,000).
18. To cause taxes to be levied, in the manner provided by the California Constitution and state law, for the purpose of paying any obligation of the agency.
19. To issue improvement bonds in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Refunding Assessment Bond Act of 1935 (Chapter 732 of the Statutes of 1935), and the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).
20. To prescribe, revise, and collect water system connection and capacity charges in accordance with the California Constitution and state law.
21. To record a certificate in the office of the county recorder of any county specifying the amount of unpaid charges for water or other services, plus interest and penalties. From the time of recordation of the certificate, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the person or afterwards, and before the lien expires, acquired by the person. The lien shall have the force, priority, and effect of a judgment lien and shall continue for 10 years from the date of the filing of the certificate unless sooner released or otherwise discharged. Within 10 years from the filing of the certificate or within 10 years of the date of the last extension of the lien, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county and from the time of that filing the lien shall be extended to the real property in the county for 10 years unless sooner released or otherwise discharged.
22. To construct, operate, and maintain works to develop hydroelectric energy, for use by the agency in the operation of its works or as a means of assisting in financing the construction, operation, and maintenance of its projects for the control, conservation, diversion, and transmission of water, and to enter into contracts for the sale of this energy for a term not to exceed 50 years. This energy may be marketed only at wholesale to any public agency or private entity, or both, or the federal or state government.
23. To contract for the sale of the right to use falling water for electric energy purposes with any public agency or private entity engaged in the retail distribution of electric energy, for a term not to exceed 50 years.
24. To prosecute an action to determine the validity of any bonds, warrants, promissory notes, contracts, or other evidences of indebtedness, including those of the kind authorized by paragraphs 16, 17, and 19, brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
25. In addition to the powers granted in this section, the agency may exercise all powers previously or hereafter granted to or possessed by county water districts organized and governed under the County Water District Law (Division 12 (commencing with Section 30000) of the Water Code) to finance the acquisition of, and to acquire, waterworks and waterworks systems, waters, water rights, lands, rights, or privileges, and may exercise all those powers to fund construction, maintenance, or operation of waterworks and waterworks systems.
Section 15.1 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 15.2 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 15.3 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 5 of Chapter 570 of the Statutes of 1989, is repealed.
Section 16 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 176 of Chapter 1128 of the Statutes of 1984, is repealed.
Section 17 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 18 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 19.5 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 21 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 22 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 23 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 12 of Chapter 104 of the Statutes of 1970, is amended and renumbered to read:
All claims for money or damages against the agency are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations applicable thereto.
Section 25 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
The board of directors, in compliance with the applicable provisions of the California Constitution and state law, shall fix such rate or rates for water in the agency and in each improvement district therein as will result in revenues which will pay the operating expenses of the agency, and the improvement district, provide for repairs and depreciation of works, provide a reasonable surplus for replacements, improvements, extensions, and enlargements, pay the interest on any debt, and provide a sinking or other fund for the payment of the principal of such debt as it may become due. Said rates for water in each improvement district may vary from the rates of the agency and from other improvement districts therein.
Section 26 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
If the revenues of the agency, or any improvement district therein, will be inadequate for any cause to pay the operating expenses of the agency, provide for repairs and depreciation of works owned or operated by it, and to meet all obligations of the agency, including payment of principal or interest on any debt of the agency or any improvement district thereof, as it becomes due, then the board of directors of the agency shall provide, in accordance with the provisions of the California Constitution and state law, for the levy and collection of a special tax sufficient to raise the amount of money determined by the board of directors to be necessary for the purpose of paying the expenses in addition to the funds required under Section 17 of this act.
Section 27 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
The board of directors shall determine the amounts necessary to be raised by taxation during the fiscal year and shall fix the rate or rates of tax to be levied which will raise the amounts of money required by the agency, by continuing to impose any ad valorem taxes or any other special taxes, or by levying assessments, in accordance with the provisions of the California Constitution and state law. Subject to Section 4 of Article XIII C of the California Constitution, the agency may impose new special taxes in accordance with Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. Within a reasonable time before the board of supervisors is required by law to fix its tax rate, the board of directors shall certify to the board of supervisors the rate or rates so fixed and shall furnish to the board of supervisors a statement in writing containing the following: (a) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for the payment of the principal of and interest on any debt of the agency, or of an improvement district thereof, as will become due before the proceeds of a tax levied at the next general tax levy will be available; (b) an estimate of the minimum amount of money required to be raised by taxation during the fiscal year for all other purposes of the agency. The board of directors shall direct, at the time and in the manner required by law for the levying of taxes for county purposes, the board of supervisors to collect, in addition to any other tax as may be levied by the board of supervisors, at the rate or rates so fixed and determined by the board of directors, a tax upon the property within the agency, or improvement district thereof benefited by the debt, as the case may be. Taxes for the payment of the interest on or principal of any debt shall be levied on the property within the agency, or improvement district thereof, benefited by the debt, as determined by the board of directors in the resolution declaring the necessity to incur the debt. Taxes for other purposes of the agency shall be levied on all property in the agency or improvement district or portion thereof subject to the particular tax. It shall be the duty of all county officers charged with the duty of collecting taxes to collect such tax in the time, form, and manner as county taxes are collected, and when collected to pay the same to the agency. Taxes for the payment of a debt and the interest thereon shall be a lien on all the property benefited thereby as stated in the resolution of the board of directors declaring the necessity to incur the debt. All taxes for other purposes of the agency shall be a lien on all the property in the agency subject to the respective tax. Agency taxes, whether for payment of indebtedness and the interest thereon or for other purposes, shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and county taxes.
Section 28 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Whenever the board of directors deems it necessary for the agency to incur a bonded indebtedness for the acquisition, construction, completion, replacement, or repair of any or all improvements, works, or property mentioned in this act, the board shall, by resolution, so declare and call an election to be held in the agency for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the agency. The resolution shall state all of the following:
(1) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(2) The amount of debt to be incurred.
(3) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years.
(4) The maximum rate of interest to be paid, which shall not exceed the rate permitted by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, which shall be payable semiannually, except that interest for the first year may be payable at the end of the year or payable on a fixed or variable basis, on the dates specified in the resolution.
(5) The measure to be submitted to the voters.
(6) The date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred.
(b) The board of directors shall provide for holding the special election on the date fixed and in accordance with the applicable provisions of the Elections Code. Notice of the holding of the election shall be given by publishing pursuant to Section 6066 of the Government Code the resolution calling the election, the last publication to be made not less than two weeks prior to the date of the proposed election, in at least one newspaper published in the agency, if there is a newspaper published in the agency, and the resolution shall be posted in three public places in the agency not less than two weeks prior to the date of the proposed election. No other notice of the election need be given. The returns of the election shall be made, the votes canvassed, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as in this act otherwise provided. The secretary of the board of directors, as soon as the result is declared, shall enter in the records of the board a statement of the results. No irregularities or informalities in conducting the election shall invalidate the result, if the election has otherwise been fairly conducted.
(c) Any action or proceeding contesting, questioning, or denying the validity of these bonds, or proceedings in relation to these bonds, shall be commenced within 60 days from the date of the election, or the bonds and all proceedings in relation to these bonds shall be held to be valid and in every respect legal and incontestable.
Section 29 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Whenever the board of directors deems it necessary to incur bonded indebtedness for the acquisition, construction, completion, replacement, or repair of any or all improvements, works, or property mentioned in this act and to provide for that bonded indebtedness to be payable from taxes levied upon less than all of the agency, the board shall, by resolution, so declare and state all of the following:
(1) The purpose for which the proposed debt is to be incurred.
(2) The amount of debt to be incurred, which may include expenses of all proceedings for the authorization, issuance, and the sale of the bonds.
(3) That the board intends to form an improvement district of a portion of the agency which in the opinion of the board will be benefited, the exterior boundaries of which portion are set forth on a map on file with the secretary of the agency, which map shall govern for all details as to the extent of the proposed improvement district, and to call an election in that proposed improvement district on a date to be fixed, for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the agency for that improvement district.
(4) That taxes for the payment of the bonds and the interest thereon shall be levied exclusively upon the taxable property in the improvement district.
(5) That a general description of the proposed improvements, together with a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvements, is on file with the secretary of the agency and is available for inspection by any person or persons interested.
(6) The time and place for a hearing by the board on the question of the formation of the proposed improvement district, the extent thereof, the proposed improvements and the amount of debt to be incurred.
(7) That at the time and place specified in the resolution any person interested, including all persons owning property in the agency or in the proposed improvement district, will be heard.
(b) Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper printed and published in the agency, if there is a newspaper printed and published in the agency. This notice shall also be given by posting a copy of the resolution in three public places within the proposed improvement district at least two weeks before the time fixed for the hearing.
(c) At the time and place fixed for the hearing, or at any time and place to which it is adjourned, the board shall proceed with the hearing. At the hearing, any person interested, including any person owning property within the agency or within any proposed improvement district, may appear and present any matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness. The board shall have the power to change the purpose for which the proposed debt is to be incurred, or the amount of bonded debt to be incurred, or the boundaries of the proposed improvement district, or any combination of these; provided, however, that the board shall not change the boundaries so as to include any territory that will not, in its judgment, be benefited by the improvement.
(d) The purpose, amount of bonded debt, or boundaries shall not be changed by the board except after notices of its intention to do so, given by publication pursuant to Section 6061 of the Government Code in a newspaper printed and published in the Bighorn-Desert View Water Agency, if there is a newspaper printed and published in the agency, and by posting in three public places within the proposed improvement district. The notice shall state the changed purpose and debt proposed and that the exterior boundaries as proposed to be changed are set forth on a map on file with the secretary of the agency, which map shall govern for all details as to the extent of the proposed improvement district, and specify the time and place for hearing on the change, which time shall be at least 10 days after publication or posting of the notice. At the time and place fixed, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property within the agency or the proposed improvement district, may appear and present any matters material to the changes stated in the notice. At the conclusion of the hearing, the board shall, by resolution, determine whether it is deemed necessary to incur the bonded indebtedness, and, if so, the resolution shall also state the purpose for which the proposed debt is to be incurred, the amount of the proposed debt, that the exterior boundaries of the portion of the agency that will be benefited are set forth on a map on file with the secretary of the agency which map shall govern for all details as to the extent of the improvement district, and that the portion of the agency set forth on the map shall thereupon constitute and be known as “Improvement District No. ... of Bighorn-Desert View Water Agency,” and the determinations made in the resolution shall be final and conclusive. After the formation of an improvement district within the Bighorn-Desert View Water Agency pursuant to this section, all proceedings for the purpose of a bond election shall be limited, and shall apply only to the improvement district, and taxes for the payment of the bonds and the interest thereon shall be levied exclusively upon the taxable property in the improvement district.
(e) After the board has made its determination of the matters required to be determined by the last mentioned resolution, and if the board deems it necessary to incur the bonded indebtedness, the board shall by a further resolution call a special election in the improvement district for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of bonds of the agency for the improvement district. The resolution shall state all of the following:
(1) That the board deems it necessary to incur the bonded indebtedness.
(2) The purpose for which the bonded indebtedness will be incurred.
(3) The amount of debt to be incurred.
(4) The improvement district to be benefited by the indebtedness, as set forth in the resolution making determinations, and that a map showing the exterior boundaries of the improvement district is on file with the secretary of the agency, which map shall govern for all details as to the extent of the improvement district.
(5) That taxes for the payment of the bonds and the interest thereon shall be levied exclusively upon the taxable property in the improvement district.
(6) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years.
(7) The maximum rate of interest to be paid, which shall not exceed the rate permitted by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, payable semiannually, except that interest for the first year may be payable at the end of the year or payable on a fixed or variable basis, on dates specified in the resolution.
(8) The measure to be submitted to the voters.
(9) The date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred.
(f) The board of directors shall provide for holding the special election on the day so fixed and in accordance with the provisions of the Elections Code, as applicable, except as herein otherwise provided. Notice of the holding of the election shall be given by publishing pursuant to Section 6066 of the Government Code the resolution calling the election prior to the date of the proposed election in at least one newspaper printed and published in the agency, if there is a newspaper printed and published in the agency. The resolution shall also be posted in three public places in the improvement district not less than two weeks prior to the date of the proposed election. No other notice of the election need be given.
(g) The returns of the election shall be made, the votes canvassed, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code so far as they may be applicable. The secretary of the board of directors, as soon as the result is declared, shall enter in the records of the board a statement of the results. No irregularities or informalities in conducting the election shall invalidate it, if the election shall have otherwise been fairly conducted.
(h) Any action or proceeding contesting, questioning, or denying the validity of the formation of the improvement district, of the bonds, or of the proceedings in relation to the bonds shall be commenced within 60 days from the date of such election, or the bonds and all proceedings in relation to the bonds, including the formation of the improvement district, shall be held to be valid and in every respect legal and incontestable.
Section 30 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Any portion of the Bighorn-Desert View Water Agency, whether contiguous or not to an improvement district thereof, may be annexed to the improvement district in the following manner. A petition, which may consist of any number of separate instruments, shall be filed with the secretary of the agency, signed by holders of title to 60 percent or more of the land in the portion proposed to be annexed, which land as so represented in the petition shall have an assessed valuation of not less than 50 percent of the land so proposed to be annexed. The petition shall contain all of the following:
(1) A description of the area proposed to be annexed, which may be made by reference to a map on file with the secretary of the agency, which map shall govern for all details as to the extent of the area proposed to be annexed, or in any other definite manner.
(2) The terms and conditions upon which the proposed area may be annexed as theretofore determined by resolution adopted by the board of directors of the agency.
(3) A request that the board of directors declare the area to be annexed to the improvement district.
(b) The petition shall be accompanied by a certified check payable to the order of the agency in sufficient sum to reimburse the agency for expenses of processing and publishing the petition and preparing and making the filings required by law.
(c) Within 10 days of the date of the filing of the petition, the secretary of the agency shall examine it and ascertain whether or not the petition is signed by the required number of property owners; and, if requested by the secretary of the agency, the board of directors shall authorize the general manager to employ persons especially for that purpose, in addition to the persons regularly employed in his or her office, and shall provide for their compensation. When the general manager has completed his or her examination of the petition, he or she shall attach to it his or her certificate, properly dated, showing the result of the examination; and if from the examination he or she finds the petition is signed by the requisite number of property owners, or is not so signed, he or she shall certify that the petition is sufficient, or insufficient, as the case may be.
(d) If by the certificate of the general manager, the petition is found to be insufficient, the petition may be amended by filing a supplemental petition or petitions within 10 days of the date of the certificate. The general manager shall, within 10 days after the filing of the supplemental petition or petitions, examine them and certify to the result of the examination as hereinbefore provided.
(e) If by the certificate of the general manager, the petition, or petition as amended, is shown to be sufficient, the secretary shall cause notice of hearing on the petition to be published and posted.
(f) The text of the petition shall be published pursuant to Section 6066 of the Government Code prior to the time at which it is to be presented to the board of directors of the agency in at least one newspaper printed and published in the Bighorn-Desert View Water Agency, if there is a newspaper printed and published in the agency, together with a notice stating the time and place of the meeting at which the petition will be presented. When contained upon one or more instruments, only one copy of the petition need be published. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated. The notice and petition shall also be posted in three public places in the improvement district and three public places in the area proposed to be annexed, at least two weeks prior to the hearing.
(g) The board of directors of the agency shall proceed to hear the petition at the time and place fixed therefor and any person residing within the agency or improvement district or owning taxable property in the agency or improvement district shall be entitled to appear and be heard at the hearing. The hearing may be continued from time to time by the board of directors of the agency. At the conclusion of the hearing, and if the board of directors finds and determines from the evidence presented at the hearing that the area proposed to be annexed to an improvement district will be benefited thereby, and that the improvement district to which the area is proposed to be annexed will also be benefited thereby and will not be injured thereby, the board of directors of the agency may, by resolution, approve the annexation, describing the territory so annexed, which may be by reference to a map on file with the secretary of the agency, which shall govern for all details as to the extent of the annexed area, or in any other definite manner, and the terms and conditions of annexation as theretofore determined by resolution of the board of directors.
(h) From and after the date of the adoption of the resolution, the area named therein shall be deemed added to and shall form a part of the improvement district and the taxable property therein shall be subject to taxation thereafter for the purposes of the improvement district, including the payment of the principal of and interest on bonds and other obligations of the improvement district at the time authorized and outstanding at the time of the annexation as if the annexed property had always been a part of the improvement district, and the board of directors of the Bighorn-Desert View Water Agency shall be empowered to do all things necessary to enforce and make effective the terms and conditions of annexation fixed as authorized in this section.
(i) Any action or proceeding wherein the validity of an annexation is contested, questioned, or denied must be commenced within 60 days after the date of adoption of the resolution approving the annexation, or the annexation shall be held to be valid and in every respect legal and incontestable.
Section 31 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) If from the returns it appears that more than two-thirds of the votes cast in the election held pursuant to the provisions of Section 21 or 22 of this act were in favor of and assented to the incurring of the proposed indebtedness, then the board of directors may, by resolution, at such time or times as it deems proper, issue bonds of the agency for the whole or any part of the amount of the indebtedness so authorized, and may from time to time provide for the issuance of such amounts as are needed, until the full amount of the bonds authorized has been issued. Bonds may be divided into two or more series and different dates may be fixed for each of the series. The maximum term that the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.
(b) The board of directors shall, by resolution, prescribe the form of the bonds and fix the time when the whole or any part of the principal shall become due and payable. The payment of the first installment of principal may be deferred for a period of not more than five years from the date of the bonds of each series. The bonds shall bear interest at a rate or rates not to exceed the rate permitted by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, payable on a fixed or variable basis, or payable on the dates specified in the resolution. The board of directors may also provide for call and redemption of bonds prior to maturity at such times and prices and upon such other terms as it may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon.
(c) The denomination of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one hundred dollars ($100). The principal and interest shall be payable in lawful money of the United States at the office of the treasurer of the district or such other place or places as may be designated, or at either place or places at the option of the holder of the bond.
(d) The bonds shall be dated, numbered consecutively, and be signed by the president and treasurer of the agency, countersigned by the secretary of the agency, and the official seal of the agency attached. All of these signatures and countersignatures may be printed, lithographed, or mechanically reproduced, except that one of these signatures or countersignatures shall be manually affixed.
(e) If the bond election proceedings have been limited to and have applied only to an improvement district within the agency, the bonds are bonds of the agency and shall be issued in the name of the agency and shall be designated “Bonds of the Bighorn-Desert View Water Agency for Improvement District No. ___” and each bond shall state that taxes levied for the payment thereof shall be levied exclusively upon the taxable property in that improvement district.
(f) Before selling the bonds, or any part thereof, the board of directors shall give notice inviting sealed bids in such manner as it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, it may reject all bids received, if any, and either readvertise or negotiate the sale of the bonds. The board of directors may determine by a two-thirds vote of the total vote of the board that the interest of the district and the public interest or necessity require that the bonds may be sold at private sale upon those terms and conditions as the board may deem necessary, convenient, or desirable. In addition to interest paid on a bond or evidence of indebtedness of the district, the board, in its discretion, may sell the bonds or evidence of indebtedness at less than its par or face value, but not at less than 94 percent of the par or face value thereof.
(g) The proceeds arising from the sale of bonds shall be paid into the treasury of the agency and placed to the credit of a special improvement fund and expended only for the purpose for which the indebtedness was created; provided, however, that when that purpose has been accomplished any moneys remaining in the special improvement fund may be transferred to the water operating fund to be used for the payment of principal of and interest on the bonds. The moneys remaining from the sale of bonds of the agency may also be used for some other agency purpose. Moneys remaining from the sale of bonds of the agency for an improvement district therein may also be used for any purpose that will benefit the property in the improvement district.
(h) The bonds of the district shall be legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, for state school funds, and, whenever any moneys or funds may by law now or hereafter enacted be invested in bonds of a city, county, or city and county, school districts, and municipalities in the state, the moneys or funds may be invested in bonds of the district, issued in accordance with the provisions of this act. Whenever bonds of a city, county, city and county, school district, or municipality may by law be used as security for the performance of any act, the bonds of the district may be so used.
Section 32 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
Any bonds issued by the Bighorn-Desert View Water Agency are hereby given the same force, value, and use as bonds issued by any city and shall be exempt from all taxation within the State of California.
Section 33 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Whenever the board of directors deems it necessary to form an improvement district of a portion of the agency for a purpose other than the incurring of bonded indebtedness under Section 22 of this act it shall by resolution so declare and state all of the following:
(1) The purpose for which the proposed improvement district is to be formed.
(2) The estimated expense of carrying out the purpose.
(3) That the board intends to form an improvement district of a portion of the agency that in the opinion of the board will be benefited, the exterior boundaries of which portion are set forth on a map on file with the secretary of the agency, which map shall govern for all details as to the extent of the proposed improvement district.
(4) That taxes for carrying out the purpose shall be levied exclusively upon the taxable property in the proposed improvement district.
(5) That a map showing the exterior boundaries of the proposed improvement district, with relation to the territory immediately contiguous thereto, is on file with the secretary of the agency and is available for inspection by any person or persons interested.
(6) The time and place for a hearing by the board on the questions of the formation of the proposed improvement district, the extent thereof, the purpose for which it is to be formed, and the estimated expense of carrying out the purpose.
(7) That at the time and place specified, any person interested, including all persons owning property in the agency or in the proposed improvement district, will be heard.
(b) Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper circulated in the Bighorn-Desert View Water Agency, if there is a newspaper circulated therein. This notice shall also be given by posting a copy of the resolution in three public places within the proposed improvement district for at least two weeks before the time fixed for the hearing.
(c) At the time and place of the hearing, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing, at which any person interested, including all persons owning property in the agency, or in the proposed improvement district, may appear and present any matters material to the questions set forth in the resolution. At the conclusion of the hearing the board shall, by resolution, determine whether it is necessary to form the proposed improvement district, and, if so, the resolution shall also state the purpose for which the proposed improvement district is to be formed, the estimated expense of carrying out the purpose, that the exterior boundaries of the portion of the agency that will be benefited are set forth on a map on file with the secretary of the agency, which map shall govern for all details as to the extent of the improvement district, and that the portion of the agency set forth on the map shall thereupon constitute and be known as “Improvement District (A, B, C, or other letter designation) of the Bighorn-Desert View Water Agency,” and the determinations made in the resolution shall be final and conclusive. After the formation of the improvement district within the Bighorn-Desert View Water Agency pursuant to this section all taxes levied for the purpose for which the improvement district is formed shall be levied exclusively upon the taxable property in the improvement district.
(d) A copy of the resolution forming the improvement district shall be published pursuant to Section 6066 of the Government Code in a newspaper printed and published in the agency, if there is a newspaper printed and published in the agency, and a copy of the resolution shall also be posted in three public places within the proposed improvement district for at least two weeks. The resolution shall not be effective until the 31st day after completion of this posting, and, if applicable, publication. If, before this date, a petition signed by not less than 10 percent of the voters of the improvement district requesting that an election be held on the formation thereof is presented to the board of directors, the board shall call a special election in the improvement district for the purpose of submitting the question of the formation of the improvement district to the voters of the proposed improvement district.
(e) The board of directors shall fix a date for this special election in accordance with applicable provisions of the Elections Code, except as herein otherwise provided. Notice of the holding of the election shall be given by publishing the resolution calling the election pursuant to Section 6066 of the Government Code prior to the date of the proposed election in at least one newspaper printed and published in the Bighorn-Desert View Water Agency, if there is a newspaper printed and published in the agency. The resolution shall also be posted in three public places in the improvement district not less than two weeks prior to the date of the proposed election. No other notice of the election need be given.
(f) The returns of the election shall be made, the votes canvassed, and the results thereof ascertained and declared in accordance with the applicable provisions of the Elections Code, except as in this act otherwise provided. The secretary of the board of directors, as soon as the result is declared, shall enter in the records of the board a statement of the results. No irregularities or informalities in conducting the election shall invalidate it, if the election shall have otherwise been fairly conducted.
(g) If from the returns it appears that a majority of the votes cast at the election were in favor of the formation of the improvement district, the formation of the improvement district shall be complete.
(h) Any action or proceeding questioning, contesting, or denying the validity of the formation of the improvement district, or of any of the proceedings in relation to that formation, shall be commenced within 60 days from the effective date of the resolution forming the district, or, if an election is held, within 60 days from the date of the election, or the formation of the improvement district, and all proceedings in relation thereto, shall be held to be valid and in every respect legal and incontestable.
Section 34 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
The board of directors may advance general funds of the agency to accomplish the purposes of an improvement district and the district may repay the agency from the proceeds of the sale of bonds authorized for those purposes, or from the special taxes levied exclusively upon the taxable property in the improvement district, at the rate of interest authorized by Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code.
Section 35 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
Interest on any bonds issued by the agency coming due before the proceeds of a tax levied at the next tax levy after the sale of the bonds are available, and interest on any bonds issued by the agency coming due before the expiration of one year following completion of the acquisition and construction of the works and improvements for which the bonds were issued may be paid from the proceeds of the sale of those bonds.
Section 36 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 40 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 41 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 42 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
The Bighorn-Desert View Water Agency shall not be dissolved until all indebtedness shall have been fully paid.
Section 30 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
(a) The Bighorn-Desert View Water Agency shall separately account for and use funds derived from the operation of the Desert View Water District and the Bighorn Mountains Water Agency for the purpose of bond debt service for each of the former systems.
(b) Nothing in this part shall be construed to impair any contract entered into prior to January 1, 2014.
Section 45 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 46 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 48 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
If any section, subsection, sentence, clause, or phrase of this act or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the act or the application of the provision to other persons or circumstances shall not be affected. The Legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause, and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstances may be held invalid.
Section 49 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is repealed.
Section 50 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 3 of Chapter 950 of the Statutes of 1985, is amended and renumbered to read:
The board of directors, by ordinance or resolution, may fix and impose, on or before the first day of July in any calendar year, a water standby or availability charge on lands within the agency or in any improvement district thereof to which water is made available by the agency through underground or by surface facilities, whether the water is actually used or not. The standby charge shall not exceed ten dollars ($10) per acre per year for each acre of land within the agency or any improvement district thereof or ten dollars ($10) per year for any parcel of less than one acre. Alternatively, the board of directors may fix a water standby charge in accordance with the provisions of the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). A standby charge shall be adopted by the board only in compliance with the applicable provisions of the California Constitution and state law. The board of directors may establish schedules varying the charges according to land uses, water uses, and degree of water availability. The board of directors shall certify to the county board of supervisors the charge or charges so fixed in accordance with the applicable procedures of the county. The charges shall be collected in the same form and manner as county taxes are collected and shall be paid to the agency. Charges fixed by the agency shall be a lien on all the property charged pursuant to this section. Liens for the charges shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and county taxes.
Section 51 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), as amended by Section 5 of Chapter 1035 of the Statutes of 1982, is repealed.
Section 52 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Whenever the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, completion, replacement, or repair of any or all improvements, works, or property mentioned in this act and to provide for that bonded indebtedness to be payable from taxes levied upon an uninhabited portion of the agency, the board shall, by resolution, declare its intention to form an uninhabited improvement district in that portion of the agency and to incur the indebtedness.
(b) For the purposes of this section, the portion of the agency formed into an uninhabited improvement district shall be deemed uninhabited if less than 12 voters reside within the district at the time of the formation of the district.
(c) The resolution of intention shall state that the board of directors intends to form an improvement district of an uninhabited portion of the agency which, in the opinion of the board, will be benefited, and to incur indebtedness by the issuance of bonds of the agency for that uninhabited improvement district.
The resolution of intention shall also state all of the following:
(1) The purpose for which the proposed debt is to be incurred.
(2) The amount of debt to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds.
(3) That taxes for the payment of the bonds and the interest thereon will be levied exclusively upon the taxable property in the uninhabited improvement district.
(4) That a general description of the proposed improvement, together with a map showing the exterior boundaries of the proposed uninhabited improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement is on file with the agency and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed uninhabited improvement district.
(5) The time and place for a hearing by the board of directors on the questions of the formation and extent of the proposed uninhabited improvement district, the proposed improvement, and the amount of debt to be incurred.
(6) That at the time and place specified in the resolution any person interested will be heard, and that any owner of property within the proposed uninhabited improvement district may file with the agency at any time prior to the time set for the hearing written protest to the formation of the proposed uninhabited improvement district.
(d) Notice of the hearing shall be given by publishing a copy of the resolution pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper circulated in the agency, if there is a newspaper circulated in the agency. Notice shall also be given by posting a copy of the resolution of intention in three public places within the proposed uninhabited improvement district for at least two weeks before the time fixed for the hearing.
(e) A copy of the resolution of intention shall also be mailed, postage prepaid, to each person to whom land in the proposed uninhabited improvement district is assessed as shown on the last equalized county assessment roll, at his or her address as shown upon the roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any land within the proposed uninhabited improvement district, whose name and address and a designation of the land in which he or she is interested is on file with the agency.
(f) At the time and place fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested may appear and present any matters material to the questions set forth in the resolution. Also at the hearing the board shall hear and pass upon all written protests filed by the owners of property within the proposed uninhabited improvement district.
(g) If written protests are filed by the owners of one-half of the value of the property within the proposed uninhabited improvement district, as shown by the last equalized assessment roll of the county, further proceedings shall not be taken. If written protests are not filed by the owners of one-half of the value of the property, the board shall by resolution determine whether it is necessary to incur the bonded indebtedness and if so, the resolution shall also state all of the following:
(1) The purpose for which the proposed debt is to be incurred.
(2) The amount of the proposed debt.
(3) That the exterior boundaries of the portion of the agency that will be benefited are set forth on a map on file with the secretary, which map shall govern for all details as to the extent of the uninhabited improvement district.
(4) That the portion of the agency set forth on the map shall thereupon constitute and be known as “Improvement District No. ...... of ...... Bighorn-Desert View Water Agency.”
(h) The determinations made in the resolution of formation shall be final and conclusive.
(i) After the formation of the uninhabited improvement district pursuant to this law the board may, by resolution, at the time or times that it deems proper, issue bonds of the agency for the whole or any part of the amount of the indebtedness authorized by the resolution of formation. All taxes levied for the payment of the bonds and the interest thereon shall be levied exclusively upon the taxable property in the uninhabited improvement district.
(j) Any action or proceeding contesting, questioning, or denying the validity of the formation of an uninhabited improvement district or of any of the proceedings in relation thereto shall be commenced within 60 days from the date of the resolution forming that district, or the formation of the uninhabited improvement district and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable.
(k) The board may advance general funds of the agency to accomplish the purposes of an improvement district formed pursuant to this section.
(l) The board may repay the agency for any advance of funds from the proceeds of the sale of bonds authorized for the purposes of the improvement district.
Section 53 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) The board, by resolution, may initiate proceedings for the annexation of territory to an improvement district within the agency whether contiguous or not to the improvement district.
(b) The resolution proposing annexation shall do all of the following:
(1) Declare that proceedings have been initiated by the board pursuant to this law.
(2) State the reason for proposing the annexation.
(3) Set forth a description of the area proposed to be annexed, which may be made by reference to a map on file with the secretary of the agency which map shall govern for all details as to the extent of the area proposed to be annexed.
(4) State the terms and conditions of the annexation.
(5) State that the holders of title to any of the land sought to be annexed may file written protests with the secretary to the annexation or the annexation upon those terms and conditions.
(6) Fix the time and place of a meeting at which the board will receive written protests filed with the secretary, receive additional written protests, and hear from any and all persons interested in the annexation.
(c) The text of the resolution proposing annexation shall be published, pursuant to Section 6066 of the Government Code, prior to the time of hearing in at least one newspaper printed and published in the agency, if there is a newspaper published and printed in the agency.
(d) A copy of the resolution proposing annexation shall also be posted in three public places within the improvement district and three public places in the area proposed to be annexed at least two weeks prior to the hearing.
(e) The board shall proceed with the hearing at the time and place fixed therefor and may continue the hearing, if need be, from time to time. All interested persons shall be heard at the hearing.
(f) If written protests are filed by the holders of title of one-half of the value of the territory proposed to be annexed as shown by the last equalized assessment roll of each county in which the territory is situated, further proceedings shall not be taken, and the board shall refuse the annexation by a resolution so stating.
(g) If written protest is not made by the owners of one-half of the value of the territory proposed to be annexed, and if, at the conclusion of the hearing, the board finds and determines for the evidence presented at the hearing that the area proposed to be annexed to an improvement district will be benefited thereby, and that the improvement district to which the area proposed to be annexed will also be benefited thereby and will not be injured thereby, the board may, by resolution, approve the annexation.
(h) The resolution shall describe the territory annexed, which may be by reference to a map on file with the secretary, which map shall govern for all details as to the extent of the annexed area. The resolution shall also state the terms and conditions of annexation as determined by resolution of the board.
(i) If the board finds and determines that either the area proposed to be annexed to the improvement district will not be benefited thereby or that the improvement district to which the area is proposed to be annexed will not be benefited thereby or will be injured thereby, the board shall by resolution disapprove the annexation.
(j) From and after the date of the adoption of the resolution approving the annexation, the area described therein is added to and forms a part of the improvement district.
(k) The taxable property in the annexed area shall be subject to taxation after the annexation thereof for the purposes of the improvement district, including the payment of the principal of and interest on bonds and other obligations of the improvement district authorized and outstanding at the time of the annexation as if the annexed property had always been a part of the improvement district.
(l) The board may do all things necessary to enforce and make effective the terms and conditions of annexation fixed by it.
(m) Any action or proceeding contesting, questioning, or denying the validity of an annexation to an improvement district pursuant to this section shall be commenced within 60 days after the date of the resolution of the board approving the annexation of the territory to an improvement district, or the annexation shall be held valid and in every respect legal and incontestable.
Section 53.1 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
Notwithstanding the provisions of Section 32, if the petition for annexation of land to an improvement district formed under Section 26 is signed by all of the holders of title of land in the portion proposed to be annexed, the board may proceed and act thereon without notice and hearing, but shall otherwise comply with the applicable provisions of this law.
Section 53.2 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Proceedings to exclude territory from an improvement district, formed pursuant to Section 26, may be initiated by the board upon its own motion, or shall be initiated by the board upon receipt of a petition for exclusion signed by not less than 10 percent of the voters of the area proposed to be excluded. The petition shall state reasons that the exclusion will be beneficial to the agency or the improvement district or the territory to be excluded.
(b) Upon adoption of a motion to initiate exclusion proceedings or upon receipt of a petition for exclusion, the board shall adopt a resolution of intention to exclude which shall state all of the following:
(1) The method by which the exclusion proceedings were initiated; by motion of the board or by petition of voters.
(2) That taxes for carrying out the purpose of the improvement district will not be levied upon taxable property in the excluded territory following the exclusion in the event the territory is excluded.
(3) That following the exclusion, the taxable property in the territory remaining in the improvement district shall continue to be levied upon and taxed to provide funds for the purposes of the improvement district.
(4) That a map showing the exterior boundaries of the proposed territory to be excluded, with relation to the territory remaining in the improvement district, is on file with the secretary and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed exclusion.
(5) The time and place for a hearing by the board on the questions of the proposed exclusion and the effect of the exclusion upon the agency, the improvement district, and the territory to be excluded.
(6) That at that time and place any person interested, including all persons owning property in the agency or in the improvement district, will be heard.
(c) Notice of the hearing shall be given by publishing a copy of the resolution of intention to exclude, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing in a newspaper circulated in the agency, if there is a newspaper printed and published in the agency. This notice shall also be given by posting a copy of the resolution of intention to exclude in three public places within the affected improvement district for at least two weeks before the time fixed for the hearing.
(d) At the time and place fixed in the resolution of intention to exclude, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property in the agency, or in the improvement district may appear and present any matters material to the questions set forth in the resolution of intention to exclude.
(e) At the conclusion of the hearing, the board shall by resolution determine whether it is necessary or desirable to exclude the territory. If so, the resolution shall also state both of the following:
(1) The reasons why the exclusion is necessary or desirable.
(2) That the exterior boundaries of the improvement district following the exclusion are set forth on a map on file with the secretary, which map shall govern all details as to the extent of the resulting improvement district.
(f) The determinations made in the resolution of exclusion shall be final and conclusive.
(g) After the exclusion of territory from the improvement district pursuant to this section, all taxes levied for the carrying out of the improvement district’s purpose shall be levied exclusively upon the taxable property in the improvement district as then constituted.
(h) A copy of the resolution of exclusion shall be published pursuant to Section 6066 of the Government Code in a newspaper printed and published in the agency, if there is a newspaper printed and published in the agency. A copy of the resolution shall also be posted in three public places within the improvement district for at least two weeks.
(i) The resolution of exclusion shall not be effective until the 31st day after completion of the publication and posting.
(j) Any action or proceeding contesting, questioning, or denying the validity of the exclusion of territory from the improvement district or of any of the proceedings in relation thereto shall be commenced within 60 days from the effective date of the resolution of exclusion, or the exclusion and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable.
Section 54 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969) is amended and renumbered to read:
(a) Notwithstanding any other provision herein, whenever the board deems it necessary for any improvement district formed pursuant to this act to be dissolved, it shall by resolution declare its intention to dissolve the improvement district.
(b) As used in this act, “improvement district” includes an uninhabited improvement district formed pursuant to Section 31.
(c) The resolution of intention shall state:
(1) The reason why the improvement district should be dissolved.
(2) That no bond, indebtedness, or liability has been issued or incurred for the improvement district that remains outstanding.
(3) That a map showing the exterior boundaries of the improvement district, with relation to the territory immediately contiguous thereto, is on file with the secretary and is available for inspection by any person or persons interested.
(4) The time and place for a hearing by the board on the question of the dissolution of the improvement district.
(5) That at that time and place for the hearing any person interested, including all persons owning property in the agency or in the improvement district will be heard.
(d) Notice of the hearing shall be given by publishing a copy of the resolution, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing in a newspaper circulated in the agency, if there is a newspaper circulated in the agency. This notice shall also be given by posting a copy of the resolution in three public places within the improvement district for at least two weeks before the time fixed for the hearing.
(e) At the time and place fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including all persons owning property in the agency, or in the improvement district, may appear and present any matters material to the proposed dissolution.
(f) At the conclusion of the hearing the board shall, by resolution, determine whether it is necessary to dissolve the improvement district. If so, the resolution shall state that the exterior boundaries of the improvement district are set forth on a map on file with the secretary and shall declare the improvement district dissolved. The determinations made in the resolution shall be final and conclusive.
(g) When the resolution declaring an improvement district dissolved becomes effective, the dissolution of the improvement district is complete.
(h) The taxable property within the boundaries of the dissolved improvement district shall continue to be taxed for any indebtedness of the agency contracted for the dissolved improvement district until the indebtedness has been satisfied, to the same extent that the property would be taxable for that purpose if the dissolution had not occurred.
(i) Any action or proceeding contesting, questioning, or denying the validity of the dissolution of an improvement district, or of any of the proceedings in relation thereto, shall be commenced within 60 days from the effective date of the resolution dissolving the improvement district, or the dissolution of the improvement district and, all proceedings in relation thereto, shall be held to be valid and in every respect legal and incontestable.
(j) After a bond election has been held in an improvement district and less than two-thirds of the votes cast in the election were in favor of the measure, the board may within one year of the date of that election, call and hold another election for the purpose of resubmitting the measure to the electors of the improvement district. If the measure is not so resubmitted, the improvement district, on the anniversary date of the election, is dissolved without further action by the board. If the measure is resubmitted and fails to receive more than two-thirds of the votes cast in the election in favor of the measure, the improvement district is dissolved following the canvass of the election returns.
Section 35 is added to the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), to read:
The agency shall comply with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
The Legislature finds and declares that Section 35 of this act, which amends Section 22 of the Bighorn-Desert View Water Agency Law (Chapter 1175 of the Statutes of 1969), imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order for the Bighorn-Desert View Water Agency to reduce costs and staff burdens associated with posting notices of specified hearings, while still providing adequate notice of public hearings, it is necessary to reduce, from six to three, the number of public locations in which the agency must post specified hearing notices.
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