DIVISION 9. RESOURCE CONSERVATION [9001. - 9972.]
Division 9 repealed and added by Stats. 1975, Ch. 513.
§§ 9001–9972 · 268 sections
CHAPTER 1. General Provisions §§ 9001–9044 · 28 sections
ARTICLE 1. Policy of State §§ 9001–9003 · 4 sections
- § 9001 (a) The Legislature hereby declares all of the following: (1) Resource conservation, enhancement, restoration, adaptation, and resilience are of fundamental…
- § 9001.5 (a) It is the policy of the state that the protection and management of natural and working lands is an important strategy in meeting the state’s greenhouse…
- § 9002 It is hereby declared as a matter of legislative determination: (a) That the construction and maintenance on privately or publicly owned land of works for…
- § 9003 The Legislature hereby finds and declares that resource conservation districts are legal subdivisions of the state and, as such, are not-for-profit entities.…
ARTICLE 2. Definitions §§ 9015–9034 · 20 sections
- § 9015 As used in this division the following terms have the meanings attributed to them in this article, unless the context otherwise requires.
- § 9016 “Commission” means the State Resource Conservation Commission.
- § 9017 “Department” means the Department of Conservation.
- § 9018 “Director” means the Director of Conservation.
- § 9019 “Division” means the Division of Resource Conservation of the department.
- § 9020 “Chief” means the Chief of the Division of Resource Conservation.
- § 9021 “District” or “soil conservation district” means a resource conservation district.
- § 9022 “Public district” means a district established under the law of this state, other than a resource conservation district.
- § 9023 “Directors” means the board of directors of a district, and when powers are conferred or duties are imposed upon directors in this division the powers shall be…
- § 9024 “Board” means the county board of supervisors.
- § 9025 “Principal county” means the county in which all or the greatest portion of privately owned land of a district is situated. The principal county remains the…
- § 9026 “Principal district” means the district which has the greater land area of two districts proposed to be consolidated.
- § 9027 “Landowner” or “owner of land” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from…
- § 9028 “Land occupant” or “occupant of land” means a person in possession of land within a district whether as owner, lessee, tenant, or otherwise. A person legally…
- § 9029 “Voter” means an elector who is registered to vote pursuant to Chapter 2 (commencing with Section 2100) of Division 2 of the Elections Code, and residing…
- § 9030 “Proxy” means a written authorization to sign a petition. Landowners may sign petitions under this division by proxy. The proxy of an individual landowner…
- § 9031 “Person” includes person, association, or corporation.
- § 9032 “Assessment roll” means the entire assessment roll upon the basis of which real property is taxed for county purposes.
- § 9033 “Assessment records” includes the assessment roll and all maps and other records relating to the assessment, levy, and collection of taxes, whether in the…
- § 9034 “Assessor” means the assessing officer of a county by whatever title he may be known.
ARTICLE 3. Applicability §§ 9041–9044 · 4 sections
- § 9041 This Division 9 of the Public Resources Code, insofar as it is substantially the same as the Division 9 of that code repealed upon the enactment of this…
- § 9042 No action or proceeding relating to or arising out of the Division 9 of the Public Resources Code repealed upon the enactment of this Division 9 commenced…
- § 9043 All persons who, at the time this Division 9 (commencing with Section 9001) goes into effect, are officers or employees of a soil conservation district…
- § 9044 The Imperial Irrigation District may exercise the powers of a resource conservation district under this division in any area within its boundaries in which…
CHAPTER 2. The Division of Resource Conservation §§ 9051–9113 · 29 sections
ARTICLE 1. Organization §§ 9051–9052 · 2 sections
ARTICLE 2. Powers and Duties §§ 9061–9071 · 11 sections
- § 9061 The chief shall be responsible to the director for properly carrying out his functions under this division.
- § 9062 The chief shall assist in the formation, organization and operation of resource conservation districts.
- § 9063 He may advise with organized resource conservation districts as to plans and proposals relating to resource conservation activities, and, when such plans or…
- § 9064 He may, with the approval of the State Resource Conservation Commission, provide technical assistance to resource conservation districts to aid cooperators in…
- § 9065 He may cooperate with the United States, any resource conservation district, county, public district, or person in the furtherance of the purposes of this…
- § 9066 Insofar as consistent with the duties, obligations and responsibilities of other public agencies, the chief may promote coordination of the activities of such…
- § 9067 The chief may employ such clerical, technical, or other assistants as he deems necessary.
- § 9068 The official headquarters of the chief shall be at Sacramento, California.
- § 9069 All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred to the Division of…
- § 9070 All money available, including money which becomes available after the effective date of this Division 9, for expenditure by any department, division, board,…
- § 9071 The Division of Resource Conservation shall succeed to and is hereby vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in…
ARTICLE 3. Funds and Expenditures §§ 9081–9084 · 4 sections
- § 9081 The commission may receive contributions from the United States, public districts, resource conservation districts, public agencies, or persons and may use…
- § 9082 The commission is authorized on behalf of the state to accept grants from the United States for the control of runoff and floods, the prevention or control of…
- § 9083 All equipment and machinery made available to any resource conservation district pursuant to this Division 9 is subject to call for emergency use in fire,…
- § 9084 (a) Subject to the availability of funds and any limitations imposed by this division, the department may provide grants to resource conservation districts for…
ARTICLE 4. The State Resource Conservation Commission §§ 9101–9113 · 12 sections
- § 9101 There is in the Department of Conservation the State Resource Conservation Commission. It shall consist of nine members who shall be appointed by the Governor,…
- § 9102 The members of the commission to be appointed shall consist of the following: (a) Five persons who are directors of resource conservation districts. In making…
- § 9103 Within 30 days after his appointment the appointed member shall take and file his oath of office as member of the commission.
- § 9104 The members of the commission shall receive no compensation for their services as members, but each shall be allowed reasonable and necessary expenses incurred…
- § 9105 Five members of the commission shall constitute a quorum for any purpose, including organization.
- § 9106 The commission shall elect a chair from its number who shall serve as chair for one year and until the chair’s successor is elected.
- § 9107 The commission shall appoint a secretary. The secretary shall be a paid employee of the commission. The secretary shall be allowed his reasonable and necessary…
- § 9108 The commission shall cause to be studied and shall consider the whole problem of soil conservation within the state, and it may formulate, in cooperation with…
- § 9109 The commission shall determine and advise policies for the guidance of the chief of the division in the performance and exercise of his duties and powers.
- § 9110 The commission shall aid and encourage, but not conduct, resource conservation activities.
- § 9112 The commission shall be responsible to the director for properly carrying out its functions under this division.
- § 9113 The commission shall report annually to the Governor on the resource conservation projects and improvements accomplished by or with the aid of the state, and…
CHAPTER 3. Resource Conservation Districts §§ 9151–9491 · 88 sections
ARTICLE 1. Lands Included §§ 9151–9155 · 5 sections
- § 9151 A resource conservation district may be formed pursuant to this division to provide resource conservation services for the protection, conservation,…
- § 9152 The lands included in a district shall be those that further the purpose of this chapter, including, but not limited to, those purposes specified in Sections…
- § 9153 The lands included in any one district need not be contiguous. No lands may be included in more than one district.
- § 9154 The lands included in any one district may be situated in one or more counties.
- § 9155 The lands included in a district may be publicly owned or privately owned.
ARTICLE 2. Initiation §§ 9161–9168 · 8 sections
- § 9161 (a) A new district may be formed pursuant to this chapter. (b) A proposal to form a district may be made by a petition of registered voters or by the adoption…
- § 9162 A proposal to form a new district may be made by petition which shall do all of the following: (a) State that the proposal is made and request that proceedings…
- § 9163 (a) Before circulating any petition, the chief petitioners shall publish a notice of intention which shall include a written statement not to exceed 500 words…
- § 9164 The petition shall be signed by not less than 10 percent of the registered voters residing in the area to be included in the district, as determined by the…
- § 9165 A petition may consist of a single instrument or separate counterparts. The chief petitioner or petitioners shall file the petition, including all…
- § 9166 (a) Within 30 days after the date of filing a petition, the executive officer of the local agency formation commission shall cause the petition to be examined…
- § 9167 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city which…
- § 9168 Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
ARTICLE 3. Election and Formation §§ 9181–9190 · 10 sections
- § 9181 (a) If the local agency formation commission approves the formation of a district, with or without amendment, wholly, partially, or conditionally, the…
- § 9182 (a) Notwithstanding Section 9181, if the board of supervisors of the principal county finds that the petition filed with the executive officer of the local…
- § 9183 (a) Within five days after the district formation election has been called, the board of supervisors of each county within which territory of the proposed…
- § 9184 (a) (1) The chief petitioners, the agency filing the resolution, or any member or members of the board of supervisors authorized by the board, any individual…
- § 9185 (a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to…
- § 9186 The notice of the election published pursuant to subdivision (c) of Section 9181 shall contain all of the following: (a) The date of the election. (b) The name…
- § 9187 (a) Except as otherwise provided in this division, the formation election and the election of members of the district board shall be held and conducted in…
- § 9188 If the majority of the votes cast at the election is in favor of forming the district, the board or boards of supervisors shall by resolution entered on its…
- § 9189 Immediately after adoption of a resolution pursuant to Section 9188, the clerk of the board of supervisors of the principal county shall transmit a certified…
- § 9190 (a) No informality in any proceeding, including informality in the conduct of any election not substantially affecting adversely the legal rights of any…
ARTICLE 4. Initial Board of Directors §§ 9201–9206 · 6 sections
- § 9201 The initial board of directors of a district formed on or after January 1, 1992, shall be determined pursuant to this article.
- § 9202 In the case of a district which contains only unincorporated territory in a single county, the district board may be elected or may be appointed by the county…
- § 9203 In the case of a district which contains only unincorporated territory in more than one county, the district board may be elected or may be appointed by the…
- § 9204 In the case of a district which contains unincorporated territory and the territory of one or more cities, the district board may be elected or appointed by…
- § 9205 In the case of a district which includes only incorporated territory within a single city, the district board may be elected or appointed by the city council.
- § 9206 In the case of a district which includes only incorporated territory in more than one city, the district board may be elected or appointed by the city councils…
ARTICLE 7. District Directors §§ 9301–9317 · 18 sections
- § 9301 (a) The board of directors shall consist of five, seven, or nine directors. The number of directors may be changed by resolution adopted by a majority of the…
- § 9301.1 (a) Notwithstanding Section 9301, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more…
- § 9302 Each director shall take the oath of office.
- § 9303 The directors shall receive no compensation for their services as such, but each shall be allowed reasonable and necessary expenses incurred in attendance at…
- § 9304 No director or other officer of the district shall be interested directly or indirectly in the sale of equipment, materials, or services to the district.
- § 9305 After all have qualified the directors first elected shall meet and classify themselves by lot into two classes as nearly equal in number as possible. The term…
- § 9306 After such classification the directors shall organize and elect a president from their number who shall serve as such at the pleasure of the directors.
- § 9307 The directors shall appoint a secretary who shall serve at the pleasure of, and whose compensation shall be fixed by, the directors.
- § 9308 The directors shall select a date, time, and place at which regular monthly meetings of the directors shall be held. Upon the completion of all the foregoing…
- § 9309 The directors may, by resolution, change the time or place of regular meeting but no such change shall be effective until after a notice of the change is…
- § 9310 Special meetings of the directors may be held as required when ordered by a majority of the directors. The order shall be entered in the records of the…
- § 9311 The order for a special meeting shall specify the business to be transacted. No other business shall be transacted at a special meeting unless all of the…
- § 9312 A majority of the directors shall constitute a quorum but on all questions requiring a vote there shall be a concurrence of at least the number constituting a…
- § 9313 (a) All meetings of the directors shall be open to the public. All records of the district shall be open to public inspection during business hours. (b) A…
- § 9314 (a) The term of office of the directors, except those first elected, shall be four years. The expiration of the term of any director does not constitute a…
- § 9315 Resignations of directors shall be made in writing to the board of supervisors of the principal county.
- § 9316 In case of a vacancy in the office of director appointed pursuant to Section 9314, the vacancy shall be filled, as provided in Section 9314, by appointment for…
- § 9317 Notwithstanding any other provision of law, a vacancy in the office of a director who has been elected shall be filled pursuant to Section 1780 of the…
ARTICLE 8. General District Elections §§ 9351–9359 · 9 sections
- § 9351 “General district election” is the district election required to be held on the first Tuesday after the first Monday in November in each even-numbered year, at…
- § 9352 (a) Directors shall be registered voters in the state. (b) Except as provided in subdivision (d), directors shall (1) reside within the district and either own…
- § 9353 Except as otherwise provided in the chapter, districts governed by this chapter are subject to the provisions of the Uniform District Election Law.
- § 9354 Elected directors shall qualify within 20 days from the date of receipt of their certificates of election by taking the oath.
- § 9355 The directors so elected and qualified shall take office at noon on the last Friday in November following their election.
- § 9356 (a) Except as provided in subdivision (b), directors shall be elected at large. (b) A district may, by ordinance, provide for the election of directors by…
- § 9357 Members of county boards of supervisors shall not be eligible to simultaneously hold office as a district director.
- § 9358 Nomination of candidates shall be in writing and signed by at least five landowners of the district. Nominations shall be filed with the county elections…
- § 9359 Except as election of directors by division may be provided pursuant to Section 9356, all registered voters in a district shall be qualified electors and…
ARTICLE 9. General Powers of District §§ 9401–9420 · 23 sections
- § 9401 The board of directors of a district shall manage and conduct the business and affairs of the district.
- § 9402 The directors shall be empowered to conduct surveys, investigations, and research relating to the conservation of resources and the preventive and control…
- § 9403 The directors may accept gifts and grants of money from any source whatsoever to carry out the purposes of the district.
- § 9403.5 The directors may establish and charge fees for services provided by the district to, and upon the request of, persons or governmental entities. No fee shall…
- § 9404 The directors may execute all necessary contracts. They may employ such agents, officers, and employees as may be necessary, prescribe their duties, and fix…
- § 9405 The directors may acquire by purchase, lease, contract, or gift all lands and property necessary to carry out the plans and works of the district. The…
- § 9406 The directors may take conveyances, leases, contracts, or other assurances for all property acquired by the district, in the name, and for the uses and…
- § 9407 The directors may sue and be sued in the name of the district and may appear in person or by counsel.
- § 9408 (a) The directors may cooperate and enter into contracts or agreements with the state, the United States, any county, any city, any other resource conservation…
- § 9409 The directors may make improvements or conduct operations on public lands, with the cooperation of the agency administering and having jurisdiction thereof,…
- § 9410 The directors may operate and maintain, independently or in cooperation with the United States or this state or any state agency or political subdivision or…
- § 9411 The directors may disseminate information relating to soil and water conservation and erosion stabilization, and those purposes identified in Sections 9001 and…
- § 9412 Each district may provide technical assistance to private landowners or land occupants within the district to support practices that minimize soil and related…
- § 9413 (a) Each district may develop a long-range work plan, annual work plan, and annual district report, as provided in this section. These plans and the annual…
- § 9413.5 Each district may enter into an interagency agreement with a state agency, for purposes of this chapter, consistent with the requirements of Chapter 3…
- § 9414 The directors may accept, by purchase, lease, or gift, and administer any project or program consistent with Sections 9001 and 9151 located within the district…
- § 9415 The directors may manage, as agents of the United States or any of its agencies, or of this state or any of its agencies, any project or program consistent…
- § 9416 The directors may establish standards of cropping and tillage operations and range practices on private land as a condition to expenditure by the district of…
- § 9417 (a) The directors of any district may cooperate with the directors of any other district in respect to matters of common interest or benefit to the districts.…
- § 9417.5 It is the intent of the Legislature that concerned state agencies, in cooperation with resource conservation districts and other appropriate local entities,…
- § 9418 The directors of any district may call upon the district attorney of the principal county for legal advice and assistance in all matters concerning the…
- § 9419 (a) The directors may engage in activities designed to promote a knowledge of the principles of resource conservation throughout the district and for that…
- § 9420 The board of directors of a district may appoint advisory committees to provide technical assistance in addressing soil and related resource problems, to…
ARTICLE 10. Property of District §§ 9451–9457 · 7 sections
- § 9451 The legal title to all property acquired by a district under the provisions of this division shall immediately and by operation of law vest in such district,…
- § 9452 The directors are hereby authorized and empowered to hold, use, acquire, manage, occupy and possess property of any kind, and may lease or sell it as provided…
- § 9453 The directors may determine by resolution entered upon their minutes that any property, real or personal, held by such district is no longer necessary to be…
- § 9454 Notwithstanding anything to the contrary in Section 9453, the directors may lease district equipment to any other public district for use by such public…
- § 9455 A sale or conveyance of any property held by a resource conservation district, executed by the president and secretary thereof, in accordance with a resolution…
- § 9456 The proceeds of a sale described in Section 9455 shall be paid into the county treasury of the principal county for the use of the district, or to the district…
- § 9457 The board of directors shall adopt purchasing policies and procedures governing the purchase of supplies and equipment as required by Sections 54201 through…
ARTICLE 11. Inclusion of Lands § 9481 · 1 section
- § 9481 The inclusion of additional lands in a district shall be made in accordance with the District Reorganization Act of 1965, Division 1 (commencing with Section…
ARTICLE 12. Dissolution § 9491 · 1 section
- § 9491 A district may be dissolved in accordance with the provisions of the District Reorganization Act of 1965, Division 1 (commencing with Section 56000) of Title 6…
CHAPTER 4. District Finance §§ 9501–9546 · 26 sections
ARTICLE 1. Regular Assessments §§ 9501–9513 · 13 sections
- § 9501 The directors shall, on or before January 1 of the calendar year during which an assessment is to be levied for the first time, notify the State Board of…
- § 9502 If the district lies in more than one county the directors shall divide the amount of the estimate in the proportion to the value of the land in the district…
- § 9503 The total amount of the estimate shall be sufficient to raise the amount of money necessary during the ensuing year to pay the incidental expenses of the…
- § 9504 Assessments levied pursuant to this article shall be known as regular assessments.
- § 9505 The regular assessment in any one year shall not exceed two cents ($0.02) on each one hundred dollars ($100) of assessed valuation of the land, exclusive of…
- § 9506 The board of supervisors of each county in which there lies any portion of the district shall, annually, at the time of levying county taxes, levy an…
- § 9507 The rate, as determined by the board, shall be such as will produce, after due allowance for delinquency, the amount determined as necessary to be raised by…
- § 9508 If the board fails to levy the assessment the auditor of the county shall do so, providing the directors have requested the assessment.
- § 9509 The assessment shall be computed and entered on the assessment roll by the auditor.
- § 9510 The provisions of law relating to the levy and collection of county taxes and the duties of county officers with respect thereto, insofar as they are…
- § 9511 The treasurers of each of the counties, other than the principal county, shall, not less than twice a year or upon order of the directors, settle with the…
- § 9512 If during the current fiscal year the directors are not, by reason of the fact that no assessment has been levied, collecting a regular assessment levied…
- § 9513 A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
ARTICLE 2. District Fiscal Procedure §§ 9521–9530 · 10 sections
- § 9521 (a) Except as provided in subdivision (b), the treasury of the principal county is the depository of all of the funds of the district. (b) As an alternative to…
- § 9522 The treasurer of the principal county shall receive and receipt for all money of the district and place the same to the credit of the district. He is…
- § 9523 The treasurer shall pay out money of the district only upon warrants approved by the county auditor, drawn upon order of the board of directors signed by the…
- § 9524 The treasurer shall report in writing at each regular meeting of the directors and as often at other times as the directors may request the amount of money on…
- § 9525 The directors or other officers or employees of a district shall have no power to incur any indebtedness or liability in excess of the amount of money…
- § 9526 The directors at their regular monthly meeting in July of each year shall make and file with the secretary a verified statement of the financial condition of…
- § 9527 The annual financial statement shall be posted or published as the directors may determine. Such posting or publication shall be commenced within 10 days after…
- § 9528 An annual audit of the books, accounts, records, papers, money, and securities shall be made as required by Section 26909 of the Government Code.
- § 9529 The directors of the district may, at such times as they deem necessary, determine whether any portion of the money on deposit in the treasury of the principal…
- § 9530 (a) “Surplus moneys,” as determined pursuant to Section 9529, shall be invested exclusively in bonds or interest-bearing notes or obligations of the United…
ARTICLE 3. Claims § 9541 · 1 section
- § 9541 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
ARTICLE 4. District Election Costs §§ 9545–9546 · 2 sections
- § 9545 Except as provided in Section 9546, the county shall pay any and all costs attributable to the conduct of district elections and shall be reimbursed for such…
- § 9546 The county shall bill any candidate for district office for the actual prorated costs of printing, handling, and translating his statement of qualifications…
CHAPTER 5. District Reorganization §§ 9601–9635 · 10 sections
ARTICLE 1. Consolidation § 9601 · 1 section
- § 9601 Any two or more contiguous districts, or districts situated within the same geophysical area, organized under this division may consolidate in accordance with…
ARTICLE 2. Partition § 9611 · 1 section
- § 9611 A partition of a district shall be made in accordance with the District Reorganization Act of 1965, Division 1 (commencing with Section 56000) of Title 6 of…
ARTICLE 3. Changing Name of District §§ 9621–9627 · 7 sections
- § 9621 A district may change its name by action of the board of supervisors of the principal county as provided by this article.
- § 9622 Whenever in the judgment of the board of directors it is for the best interest of a district that its name be changed to a stated name, it may pass a…
- § 9623 A copy of the resolution shall be forwarded to the board of supervisors of the principal county with the request that the name of the district be changed to…
- § 9624 The board of supervisors of the principal county shall consider this request at their next regular meeting and may grant or deny the request. Their action…
- § 9625 If the action of the board of supervisors on this request is negative, they shall forward a copy of the resolution to the board of directors initiating the…
- § 9626 If the action of the board of supervisors on this request is favorable, it shall cause certified copies of the resolution to be forwarded to the board of…
- § 9627 On acknowledgment of the change of name by the Secretary of State, the name of the district shall be considered changed.
ARTICLE 4. Transferring Lands From One District to Another § 9635 · 1 section
- § 9635 One district may transfer land within its boundaries to a district contiguous thereto in accordance with the provisions of the District Reorganization Act of…
CHAPTER 9. Federal Aid Projects §§ 9751–9757 · 6 sections
- § 9751 In order to carry out the purposes of the Soil Conservation and Domestic Allotment Act enacted by the Congress of the United States, the State Resource…
- § 9752 The commission is hereby authorized, empowered and directed to formulate and submit to the Secretary of Agriculture, in conformity with the provisions of the…
- § 9753 Upon the acceptance of each such plan by the Secretary of Agriculture, the commission is authorized and empowered to accept and receive all grants of money…
- § 9754 In carrying out the provisions of each such plan, the commission shall have power: to employ such agents or agencies, and to establish such agencies, as it may…
- § 9755 For the purpose of carrying out each such plan according to its terms, the commission is hereby authorized to delegate any of the powers herein conferred to…
- § 9757 Nothing herein shall be construed or operate to impose any obligation or liability upon the commission or other than as herein specified.
CHAPTER 10. Improvement Districts in Resource Conservation Districts §§ 9801–9924 · 69 sections
ARTICLE 1. Formation §§ 9801–9821 · 21 sections
- § 9801 For purposes of cooperating with landowners or any other agency or for purposes of cooperating with the United States under provisions of the Watershed…
- § 9802 As used in connection with improvement districts: (a) “Improvement” includes operation, maintenance, change, and acquisition of existing works, and the…
- § 9803 The formation of an improvement district shall be proposed and the petition therefor shall be signed by two-thirds or more in number of the owners of real…
- § 9804 A petition for the formation of an improvement district shall contain all of the following: (a) Statement of the plans of the proposed improvement. (b)…
- § 9805 The petition, all proceedings in reference to it, the improvement district, and the real property in it shall be designated by a number.
- § 9806 The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures.
- § 9807 A petition to form an improvement district shall be filed with the secretary of the district and may be inspected by all persons interested.
- § 9808 Upon receipt of a petition to form an improvement district the directors shall cause a survey to be made of the proposed improvements, if any.
- § 9809 If the survey shows that the improvements are feasible, the directors shall cause to be prepared the following: (a) Plans and specifications of the…
- § 9810 If there are any, the plans and specifications, estimate of cost, and the statement of the proposed assessment shall be filed with the secretary of the…
- § 9811 After the filing of the formation petition, and if any, the plans and specifications, the estimate of cost, and statement of the proposed assessment, the…
- § 9812 Notice of the hearing shall be given by all of the following: (a) Posting a notice in three public places within the proposed improvement district. (b)…
- § 9813 At the hearing the directors shall hear any objections coming before it to any of the following: (a) The petition. (b) The formation of the improvement…
- § 9814 At the hearing the directors shall make any changes in reference to the matters set forth in Section 9813 as they consider proper. The directors may exclude…
- § 9815 If any additional real property is included in the proposed improvement district, the hearing shall be continued and the owners of the added real property…
- § 9816 The directors may include in the plans and specifications such terms and conditions as to the respective parcels of real property in the improvement district…
- § 9817 Regardless of any findings made by the directors if more than one-third in number of the holders of title to the real property within a proposed improvement…
- § 9818 If at the hearing the directors find that it would not be for the best interests of the district and the proposed improvement district to form the improvement…
- § 9819 If the directors find that it would be for the best interests of the district and the proposed improvement district to form the improvement district, they…
- § 9820 The order shall contain a description of the lands within the improvement district.
- § 9821 The secretary shall cause a certified copy of the order creating the improvement district to be recorded in the office of the county recorder in each county in…
ARTICLE 2. Assessments §§ 9831–9842 · 12 sections
- § 9831 Any assessment levied pursuant to Section 9819 shall include both of the following sums: (a) An amount equal to interest on any deferred payments at a rate not…
- § 9832 The assessment may be made payable in not more than 10 annual installments.
- § 9833 The directors, on or before the 15th day of August of each year, shall furnish the auditor and board of supervisors of each county in which any portion of the…
- § 9834 Each annual installment of the improvement district assessments shall be collected by county officers in the same manner and at the same times as county taxes.
- § 9835 The provision of law relating to the collection of county taxes and the duties of county officers with respect thereto, insofar as they are applicable and not…
- § 9836 The treasurers of each of the counties, other than the principal county, shall, not less than twice a year or upon order of the directors, settle with the…
- § 9837 The assessment and each installment of it shall be and remain a lien on the real property in the improvement district in the same manner as and in addition to…
- § 9838 Upon a change or resubdivision of any parcel of real property in an improvement district, the directors upon their own initiative or upon a petition of the…
- § 9839 If the actual cost of the improvements is substantially less than the estimated cost the assessment may be reduced proportionately on each parcel by…
- § 9840 If the assessments levied upon real property in an improvement district are insufficient to pay the cost of improvements or the warrants issued for the…
- § 9841 The procedure followed in making the supplemental levy shall be substantially the same as for making the original levy, except that no petition is required.
- § 9842 Whenever it is desired to do additional work or acquire additional property in or for an improvement district, upon the petition of two-thirds in number of the…
ARTICLE 3. Inclusion of Land §§ 9851–9855 · 5 sections
- § 9851 If at any time it is desired to include additional real property within an improvement district, a petition for inclusion signed by the owners of real property…
- § 9852 The inclusion petition shall describe the boundaries of the improvement district as enlarged by the proposed inclusions and give the names and addresses of the…
- § 9853 The same proceedings shall be had on the improvement district inclusion petition as upon the original petition for the formation of an improvement district.
- § 9854 The directors may prescribe any conditions upon the inclusion of the real property that they deem just.
- § 9855 If any conditions not contained in the petition for inclusion are prescribed by the directors the real property shall not be included until two-thirds in…
ARTICLE 4. Improvement District Management §§ 9861–9870 · 10 sections
- § 9861 In a district containing an improvement district the directors and all of the officers of the district each respectively has all the rights, powers, and…
- § 9862 The directors may also hold property used or acquired in connection with the improvement in the name of the directors and their successors in office as…
- § 9863 The directors of a district in which an improvement district exists may allow on terms that may be agreed upon any person to carry water through any conduit…
- § 9864 The work of improvement provided for in this chapter and the purchase of all supplies, material, and equipment therefor shall be performed by the district, or…
- § 9865 The directors may, in lieu in whole or in part of levying assessments for the operation of improvement district works, fix and collect reasonable charges for…
- § 9866 All such tolls, connections charges, and additional assessments shall be held and applied upon and reduce the last installment or installments of the…
- § 9867 The directors may provide for the maintenance and operation of the works of an improvement district from the funds of the resource conservation district in…
- § 9868 Notwithstanding any other provision of this code, the directors of a district in which an improvement district exists may establish facilities use charges for…
- § 9869 On behalf of an improvement district the directors may do any or all acts necessary or desirable to carry out the purposes of the improvement district,…
- § 9870 On behalf of an improvement district, the directors may cooperate and contract with the United States, or with any officer, department, bureau, or agency…
ARTICLE 5. Improvement District Warrants §§ 9881–9890 · 10 sections
- § 9881 A district may issue improvement district warrants signed by its president and secretary in face amount not exceeding in the aggregate the cost of the…
- § 9882 Improvement district warrants shall be made payable in amounts and at the times corresponding substantially to the amounts and times of payment of the…
- § 9883 Improvement district warrants shall bear interest at the rate fixed at the time of the levy of the improvement district assessment, and the interest may be…
- § 9884 Coupons for the interest on these warrants may be attached to them.
- § 9885 Improvement district warrants may be made payable to any of the following: (a) Bearer. (b) Persons furnishing work, labor, or material. (c) The contractor if…
- § 9886 Improvement district warrants may be sold by the district for not less than par at either public or private sale.
- § 9887 Any surplus funds and any money held by a district in a sinking or depreciation fund may in the discretion of its directors be invested in the warrants of any…
- § 9888 Except as otherwise provided by law, the cost of constructing, acquiring, or improving works of an improvement district shall be paid only out of the proceeds…
- § 9889 Improvement district warrants shall be paid only out of the proceeds of an improvement district assessment levied upon and collected from the real property…
- § 9890 Improvement district warrants or their proceeds shall be used solely for making the improvements for which the improvement district was formed and the…
ARTICLE 6. Advance Payment of Assessments §§ 9901–9905 · 5 sections
- § 9901 At any time before improvement district warrants are issued, the amount of any improvement district assessment on any real property, exclusive of interest and…
- § 9902 Real property on which the amount of the improvement district assessment has been paid pursuant to Section 9901 shall not be subject to the annual installments…
- § 9903 Any owner of real property of an improvement district who desires at any time to lessen or remove the lien upon his real property of any improvement district…
- § 9904 The directors may require warrants delivered to lessen or remove an improvement district assessment lien to be substantially of the average maturities of the…
- § 9905 The treasurer of the principal county shall notify the directors of the amount of the principal and interest due and to become due on the warrants delivered…
ARTICLE 7. Actions and Proceedings §§ 9911–9912 · 2 sections
- § 9911 All acts, proceedings, conclusions, and findings of fact, including the levy of an assessment, by the directors of a district concerning an improvement…
- § 9912 An action to determine the validity of an assessment or of any warrants may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part…
ARTICLE 8. Dissolution of Improvement Districts §§ 9921–9924 · 4 sections
- § 9921 At any time prior to the incurring of any indebtedness or upon the full payment of all indebtedness of an improvement district, a petition, signed and…
- § 9922 A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of an improvement district.
- § 9923 The directors may, after the hearing, order the improvement district dissolved.
- § 9924 The order of dissolution shall be recorded in the same manner as the order forming the improvement district.
CHAPTER 11. Tahoe Resource Conservation District §§ 9951–9953 · 3 sections
- § 9951 The Tahoe Resource Conservation District is hereby created to consist of those parts of the Counties of Placer and El Dorado lying within the Tahoe Basin…
- § 9952 (a) Except as otherwise provided in this chapter, the organization and functions of the Tahoe Resource Conservation District shall be governed by the…
- § 9953 It is not the intent of the Legislature that the Tahoe Resource Conservation District shall in any way affect the responsibilities, authority, and jurisdiction…
CHAPTER 12. Suisun Resource Conservation District §§ 9960–9965 · 6 sections
- § 9960 The following definitions shall govern the interpretation of this chapter: (a) “Suisun Marsh” means the Suisun Marsh as defined in Section 29101. (b) “Primary…
- § 9961 Except as otherwise expressly provided in this chapter, the organization, powers, and functions of the district shall be governed by the provisions of this…
- § 9962 (a) The district shall have primary local responsibility for regulating and improving water management practices on privately owned lands within the primary…
- § 9963 Notwithstanding the provisions of Section 9803, the formation of an improvement district within the primary management area may be proposed and the petition…
- § 9964 The district may, with the consent of the owner, levy special assessments on the lands of the consenting owner within the district pursuant to the Municipal…
- § 9965 (a) The Legislature finds that compliance with the mandated regulations of the district will produce public benefits by improving wildlife habitat in the…
CHAPTER 13. Ventura County Resource Conservation District §§ 9970–9972 · 3 sections
- § 9970 The provisions of this chapter apply only to the Ventura County Resource Conservation District. For the purposes of this chapter, “district” means the Ventura…
- § 9971 Except as otherwise provided in this chapter, the organization and functions of the district shall be governed by the provisions of this division.
- § 9972 Whenever any territory in the district is included in a city by reason of incorporation or annexation, that territory may be excluded from the district upon…