BILL NUMBER: SB 246 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2013
PASSED THE ASSEMBLY AUGUST 26, 2013
AMENDED IN ASSEMBLY AUGUST 7, 2013
AMENDED IN SENATE APRIL 23, 2013
AMENDED IN SENATE APRIL 4, 2013
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, 30, and 35 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, 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:
SECTION 1. Part 9.2 (commencing with Section 33300) of Division 12
of the Water Code is repealed.
SEC. 2. Section 1 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 2 of
Chapter 570 of the Statutes of 1989, is amended to read:
Section 1. This act is designated, and may be cited and referred
to as, the "Bighorn-Desert View Water Agency Law."
SEC. 3. Section 2 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended to read:
Sec. 2. The Bighorn-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
SEC. 4. Section 3 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as added by Section 3 of
Chapter 570 of the Statutes of 1989, is repealed.
SEC. 5. Section 5 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 4 of
Chapter 570 of the Statutes of 1989, is amended and renumbered to
read:
Sec. 3. 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).
SEC. 6. Section 7 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 4. 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.
SEC. 7. Section 8 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 5. 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.
SEC. 8. Section 8 is added to the Bighorn-Desert View Water Agency
Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 8. For attending a meeting of the board of directors, each of
the members of the board of directors 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.
SEC. 9. Section 9 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 10. Section 9 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 9. Any vacancy in the board of directors shall be filled
pursuant to Article 2 (commencing with Section 1770) of Chapter 4 of
Division 4 of Title 1 of the Government Code.
SEC. 11. Section 10 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 6. Every incumbent of an elective office, whether elected by
popular vote for a full term, or chosen by the board of directors to
fill a vacancy, is subject to recall by the voters of the
Bighorn-Desert View Water Agency in accordance with the recall
provisions of the Elections Code of the state with reference to
cities.
SEC. 12. Section 10 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 10. By a majority vote of the board of directors, the board
shall appoint an attorney, chief engineer, general manager, and
auditor, define their duties, and fix their compensations. The
attorney, chief engineer, general manager, and auditor each shall
serve at the pleasure of the board of directors. A member of the
board of directors shall not serve as the appointed attorney, chief
engineer, general manager, or auditor.
SEC. 13. Section 11 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 7. (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.
SEC. 14. Section 11 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 11. The general manager shall:
(a) Have full charge and control of the maintenance, operation,
and construction of the waterworks of the agency.
(b) Have full power and authority to employ and discharge all
employees and assistants at pleasure.
(c) Prescribe the duties of employees and assistants.
(d) Fix and alter the compensation of employees and assistants
subject to approval by the board of directors.
(e) Perform other duties imposed by the board of directors.
(f) Report to the board of directors in accordance with rules and
regulations adopted by the board.
SEC. 15. Section 12 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 2 of
Chapter 696 of the Statutes of 1984, is amended to read:
Sec. 12. The board of directors shall act only by ordinance,
resolution, or 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.
SEC. 16. Section 13 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 17. Section 13 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 13. The voters of the Bighorn-Desert View Water Agency may
pass an initiative in accordance with the methods provided by Chapter
3 (commencing with Section 9200) of Division 9 of the Elections Code
for a city.
SEC. 18. Section 14 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 19. Section 14 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 14. The voters of the Bighorn-Desert View Water Agency may
disapprove and thereby veto an ordinance by proceeding in accordance
with the methods provided by Chapter 3 (commencing with Section 9200)
of Division 9 of the Elections Code for a referendum in a city.
SEC. 20. Section 15 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 1 of
Chapter 950 of the Statutes of 1985, is amended to read:
Sec. 15. The Bighorn-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.
SEC. 21. Section 15.1 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 22. Section 15.2 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 23. Section 15.3 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 5 of
Chapter 570 of the Statutes of 1989, is repealed.
SEC. 24. Section 16 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 176 of
Chapter 1128 of the Statutes of 1984, is repealed.
SEC. 25. Section 17 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 26. Section 18 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 27. Section 19.5 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 28. Section 21 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 29. Section 22 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 30. Section 23 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 12 of
Chapter 104 of the Statutes of 1970, is amended and renumbered to
read:
Sec. 16. 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.
SEC. 31. Section 25 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 17. 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.
SEC. 32. Section 26 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 19. If the revenues of the agency, or any improvement
district therein, will be inadequate for any cause to pay the
operating expenses of the agency, provide for repairs and
depreciation of works owned or operated by it, and to meet all
obligations of the agency, including payment of principal 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.
SEC. 33. Section 27 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 20. The board of directors shall determine the amounts
necessary to be raised by taxation during the fiscal year and shall
fix the rate or rates of tax to be levied which will raise the
amounts of money required by the agency, 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.
SEC. 34. Section 28 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 21. (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.
SEC. 35. Section 29 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 22. (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.
SEC. 36. Section 30 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 23. (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.
SEC. 37. Section 31 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 24. (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.
SEC. 38. Section 32 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 25. 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.
SEC. 39. Section 33 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 26. (a) Whenever the board of directors deems it necessary to
form an improvement district of a portion of the agency for a
purpose other than the incurring of bonded indebtedness under Section
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.
SEC. 40. Section 34 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 27. 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.
SEC. 41. Section 35 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 28. 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.
SEC. 42. Section 36 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 43. Section 40 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 44. Section 41 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 45. Section 42 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 29. The Bighorn-Desert View Water Agency shall not be
dissolved until all indebtedness shall have been fully paid.
SEC. 46. Section 30 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 30. (a) The Bighorn-Desert View Water Agency shall separately
account for and use funds derived from the operation of the Desert
View Water District and the Bighorn Mountains Water Agency for the
purpose of bond debt service for each of the former systems.
(b) Nothing in this part shall be construed to impair any contract
entered into prior to January 1, 2014.
SEC. 47. Section 45 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 48. Section 46 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 49. Section 48 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 35. If any section, subsection, sentence, clause, or phrase
of this act or the application thereof to any person or circumstance
is for any reason held invalid, the validity of the remainder of the
act or the application of 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.
SEC. 50. Section 49 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is repealed.
SEC. 51. Section 50 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 3 of
Chapter 950 of the Statutes of 1985, is amended and renumbered to
read:
Sec. 18. The board of directors, by ordinance or resolution, may
fix and impose, on or before the first day of July in any calendar
year, a water standby or availability charge on lands within the
agency or in any improvement district thereof to which water is made
available by the agency through underground or by surface facilities,
whether the water is actually used or not. The standby charge shall
not exceed ten dollars ($10) per acre per year for each acre of land
within the agency or any improvement district thereof or ten dollars
($10) per year for any parcel of less than one acre. 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.
SEC. 52. Section 51 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969), as amended by Section 5 of
Chapter 1035 of the Statutes of 1982, is repealed.
SEC. 53. Section 52 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 31. (a) Whenever the board deems it necessary to incur a
bonded indebtedness for the acquisition, construction, completion,
replacement, or repair of any or all improvements, works, or property
mentioned in this 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.
SEC. 54. Section 53 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 32. (a) The board, by resolution, may initiate proceedings
for the annexation of territory to an improvement district within the
agency whether contiguous or not to 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.
SEC. 55. Section 53.1 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 32.5. 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.
SEC. 56. Section 53.2 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 33. (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.
SEC. 57. Section 54 of the Bighorn-Desert View Water Agency Law
(Chapter 1175 of the Statutes of 1969) is amended and renumbered to
read:
Sec. 34. (a) Notwithstanding any other provision herein, whenever
the board deems it necessary for any improvement district formed
pursuant to this act to be dissolved, it shall by resolution declare
its intention to dissolve the improvement district.
(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.
SEC. 58. Section 35 is added to the Bighorn-Desert View Water
Agency Law (Chapter 1175 of the Statutes of 1969), to read:
Sec. 35. 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).
SEC. 59. 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.