DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000. - 13233.]

Division 11 added by Stats. 1961, Ch. 2069.

§§ 13000–13233 · 105 sections

1. CHAPTER 1. General Provisions §§ 13000–13003 · 4 sections

   • § 13000 The Legislature hereby finds and declares that there exists throughout the State large unincorporated areas which are particularly suited to and used for…
   • § 13001 This division shall be known and may be cited as the “Resort Improvement District Law.”
   • § 13002 A resort improvement district consisting of unincorporated territory in one county may be established pursuant to this division, provided that 80 percent or…
   • § 13003 No additional districts shall be created or organized under this division after September 17, 1965, except in the Fallen Leaf Lake watershed within the Lake…
2. CHAPTER 2. Definitions §§ 13010–13020 · 11 sections

   • § 13010 The terms defined in this chapter have the meaning set forth unless the context requires a different meaning.
   • § 13011 “District” means a district created pursuant to this division.
   • § 13012 “District board” means the board of directors of the district.
   • § 13013 “County” means the county in which the district in located.
   • § 13014 “Board of supervisors” and “board” means the board of supervisors of the county.
   • § 13015 “Charges” includes fees, tolls, rates, and rentals.
   • § 13016 “Land” means land in the district and does not include improvements or personal or utility property.
   • § 13017 “Legal representative” means an officer or other person or persons appointed to serve as such by the board of directors of a corporation owner.
   • § 13018 “Owner” means the owner of land as shown on the last equalized county assessment roll.
   • § 13019 “Voter” means a voter, as defined in Section 359 of the Elections Code, who resides within the boundaries of the district.
   • § 13020 “Nonresident landowner” means a person or persons, association, corporation, or partnership owning land within the district but having his actual residence…
3. CHAPTER 3. General Administrative Provisions §§ 13031–13041 · 13 sections

   • § 13031 The board of supervisors is the governing body of the district, and, unless otherwise provided in this division, the provisions of the County Service Area Law…
   • § 13032 If deemed advisable by the board of supervisors a board of directors for the district may be formed.
   • § 13033 The board of directors of any district formed pursuant to this division shall have such powers as the board of supervisors may from time to time give to them.…
   • § 13034 The district board shall consist either of five members, four of which shall be elected from the district and the fifth which shall be the supervisor who…
   • § 13034.5 If a district elects pursuant to Section 13034 to have the district board consist of five members elected from the district, the district board may call a…
   • § 13035 Exclusive of the supervisorial member, the directors shall be voters in the district.
   • § 13035.1 The number of directors elected by voters in the district at the first general district election held after January 1, 1998, shall be equal to the number of…
   • § 13036 All vacancies in the office of director shall be filled by appointment by the board of supervisors.
   • § 13037 An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the election or…
   • § 13038 Once each year, the district board shall elect one of its members to serve as president and shall appoint a secretary, who may be a member of the board.
   • § 13039 All sessions of the district board shall be public.
   • § 13040 The district board by resolution, shall provide for the time and place of its meetings, the manner of calling special meetings and shall establish rules for…
   • § 13041 (a) Any compensation provided pursuant to this section shall comply with Articles 2.3 (commencing with Section 53232) and 2.4 (commencing with Section 53234)…
4. CHAPTER 4. Elections §§ 13050–13062 · 8 sections

   • § 13050 After the authorization of a district board by the board of supervisors, a general district election shall be held on the first Tuesday after the first Monday…
   • § 13050.5 Except as otherwise provided in this division, districts governed by this division are subject to the provisions of the Uniform District Election Law.
   • § 13051 A special election may be called by the board to be held at any time.
   • § 13052 The hours during which the polls shall be opened at any special district election shall be as established by the board.
   • § 13053 Notices of elections shall be given as nearly as practicable in accordance with the general laws regarding notices of county election.
   • § 13058 Each voter, as defined in Section 13019, shall have one vote.
   • § 13060 In the first district board election the two candidates receiving the highest number of votes shall be elected for four years, the candidates which are elected…
   • § 13062 A majority of the votes cast shall be required to approve a proposition.
5. CHAPTER 5. Powers §§ 13070–13076 · 8 sections

   • § 13070 The district may acquire, construct, maintain, and operate property, works, and facilities for any one or more of the following purposes: (a) To supply the…
   • § 13070.1 As used in this chapter, “acquire” includes, but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication.
   • § 13071 The district may hold, use, enjoy, lease or dispose of any of its property.
   • § 13072 Whenever the board determines by resolution that it is feasible, economically sound, and in the public interest, for the district to exercise its powers for…
   • § 13073 Bonded indebtedness may be incurred within the district in the manner herein provided.
   • § 13074 The board may compel all residents and property owners in the district to connect their houses, habitations and structures requiring sewage or drainage…
   • § 13075 (a) No district shall engage in any activity or provide any service not already engaged in or provided, or budgeted for, as of July 1, 1970. Whenever any…
   • § 13076 (a) Notwithstanding any other provision of this chapter, and in addition to any other powers conferred thereby, Resort Improvement District Number 1, in the…
6. CHAPTER 6. Bonds §§ 13100–13129 · 30 sections

   • § 13100 Whenever the board deems it necessary for the district to incur a bonded indebtedness, it shall by resolution set forth all of the following: (a) A declaration…
   • § 13101 Notice of the hearing shall be given by publication of a copy of the resolution pursuant to Section 6066 of the Government Code in a newspaper of general…
   • § 13102 The copy of the resolution published shall be accompanied by a notice subscribed by the clerk that: (a) The hearing referred to in the resolution will be had…
   • § 13103 At the time and place fixed for the hearing on the resolution declaring the necessity for incurring the bonded indebtedness or at any time and place to which…
   • § 13104 At the hearing any person interested, including persons owning property within the district, may appear and present any matters material to the questions set…
   • § 13105 At the conclusion of the hearing, the board shall by resolution determine whether the whole or part of the district will be benefited by the accomplishment of…
   • § 13106 If the board determines that the whole of the district will not be benefited, the resolution shall also describe the portion of the district which will be…
   • § 13107 After the formation of an improvement area within the district pursuant to this chapter, all proceedings for the purpose of a bond election within the…
   • § 13108 The determination of the board that the whole of the district will be benefited by the bond issue or only that a described portion of the district will be…
   • § 13109 After the board has made its determination pursuant to Section 13105, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state:…
   • § 13110 The resolution provided for in Section 13109 shall constitute the notice of such special bond election and such resolution shall be published pursuant to…
   • § 13111 The provisions of the Elections Code relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of…
   • § 13112 Every voter within the area designated in the resolution adopted pursuant to Section 13109, but no others, may vote on the proposition to authorize the bonds.…
   • § 13113 A two-thirds vote shall be required for the issuance of general obligation bonds.
   • § 13114 If two-thirds of the vote cast at the election are in favor of incurring the indebtedness, the board may by resolution, at the time or times it deems proper,…
   • § 13115 The bonds shall be signed by the chair of the board and countersigned by the clerk of the board or the clerk’s deputy and the coupons shall be signed by the…
   • § 13116.5 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
   • § 13117 The district may sell the bonds so issued at the times or in the manner the board deems to be to the public interest, provided, that all bonds shall be sold on…
   • § 13118 Any bonds issued by any area organized under this division are hereby given the same force, value, and use as bonds issued by any municipality and shall be…
   • § 13119 The board may, by resolution, do the following: (a) Submit to voters a measure to issue new bonds to refund any or all of the district bonds outstanding. (b)…
   • § 13120 The measure may be voted on at any district election or an election may be called for the purpose.
   • § 13121 The procedure upon the election shall be in accordance, so far as applicable, with the procedure upon an original issue of bonds, except that: (a) No hearing…
   • § 13122 The refunding bonds may, if the holders of the bonds of an original issue and the board so agree, be exchanged for original bonds.
   • § 13123 The face value of refunding bonds exchanged for original bonds shall not exceed the face value of the original bonds.
   • § 13124 The board may raise money by rates or taxes to pay principal and interest of the refunding bonds in the same manner as prescribed for payment of bonds of an…
   • § 13125 Any bonds issued by the district may be made callable by resolution of the board adopted at or prior to the time of issuing the bonds.
   • § 13126 When bonds are made callable a statement to that effect shall be set forth on the face of the bond.
   • § 13127 Callable bonds may be redeemed on any interest payment date prior to their fixed maturity in such amounts and manner and at such prices as the board may…
   • § 13128 Notice designating the bonds called for redemption shall be published in a newspaper determined by the board to be the one most likely to reach the holders of…
   • § 13129 If on the date fixed for redemption the district has provided funds available for payment of the principal and interest of the bonds called, interest on them…
7. CHAPTER 7. Revenue Bonds §§ 13140–13141 · 2 sections

   • § 13140 Revenue bonds may be issued by the district for the acquisition and construction, or acquisition or construction of any improvements or property or facilities…
   • § 13141 Proceedings for the authorization, issuance, sale, security, and payment of revenue bonds shall be had, the board shall have the powers and duties, and the…
8. CHAPTER 8. Assessment Bonds § 13150 · 1 section

   • § 13150 The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)) of the Streets and Highways Code, the Improvement Act of 1911 (Division 7…
9. CHAPTER 9. Taxation §§ 13160–13163 · 5 sections

   • § 13160 The lien for taxes for the first fiscal year after the district is formed shall attach on the first Monday in March or on the date the district is created,…
   • § 13161 The board of supervisors shall at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real and…
   • § 13161.5 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…
   • § 13162 The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected, shall be paid into the…
   • § 13163 The principal and interest on district bonds shall be paid by the county treasurer, if payable at his office, in the manner now or hereafter provided by law…
10. CHAPTER 10. Funds §§ 13170–13176 · 7 sections

    • § 13170 In a fund called the “Resort Improvement District General Fund,” the treasurer shall place and keep the money levied by the board for that fund.
    • § 13171 The proceeds of the sale of revenue bonds or general obligation bonds or proceeds of special assessments levied by the board shall be deposited with the…
    • § 13172 The money in any construction fund shall be used for the purpose indicated in the resolution calling the election upon the question of the issuance of bonds,…
    • § 13173 The bond moneys may also be used for interest and working capital for the period of construction and for twelve (12) months thereafter, and also to pay the…
    • § 13174 Any money in the construction fund determined by resolution of the board to be in excess of the amounts required for completion of the improvement authorized…
    • § 13175 In a fund called the “Resort Improvement District Bond Fund ____” (inserting series number), the treasurer shall keep money levied or collected for that fund.
    • § 13176 No part of the money belonging in the bond fund may be transferred to any other fund or be used for any purpose other than the payment of principal and…
11. CHAPTER 11. Alternative Depositary of District Money §§ 13190–13197 · 8 sections

    • § 13190 The provisions of this chapter are alternative or supplemental to those providing for the use of the county treasury.
    • § 13191 The board may by resolution designate a bank as depositary of any or all of its funds. No question of interest shall affect such appointment. If the depositary…
    • § 13192 The charges of any depositary selected shall be a proper expense of the district.
    • § 13193 If the board appoints a depositary, it shall appoint a person who shall be known as finance officer, who shall serve at its pleasure. It shall fix the amount…
    • § 13194 Bond principal and interest and salaries shall be paid when due. All other claims and demands shall be approved in writing or in open meeting by a majority of…
    • § 13195 Warrants shall be drawn by the finance officer and signed by the president and secretary, or one of them and one member of the board.
    • § 13196 The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the…
    • § 13197 The finance officer shall make annual or earlier written reports to the board, as it shall determine, as to the receipts and disbursements and balances in the…
12. CHAPTER 12. Standby Charges §§ 13215–13217 · 3 sections

    • § 13215 The district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix by ordinance or resolution, on or before…
    • § 13216 If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the district board…
    • § 13217 If any water or sewer standby or immediate availability charge remains unpaid on the first day of the month in which the board of supervisors of the county in…
13. CHAPTER 13. Portion of District Included in a County Water District §§ 13230–13233 · 5 sections

    • § 13230 Nothing in this division shall be construed to authorize or permit a district to operate any facilities for furnishing any water services in any portion of the…
    • § 13231 The county water district may elect to install the facilities for furnishing water services within any area that is included within both districts. In such…
    • § 13232 The county water district may elect to have the facilities installed by the district for providing water services within any area that is included within both…
    • § 13232.3 The Grizzly Lake Resort Improvement District, the Napa-Berryessa Resort Improvement District, and the Lake Berryessa Resort Improvement District may contract…
    • § 13233 Nothing in this division shall be construed to repeal or limit any power possessed by a county water district within which there is any part of this district.