CHAPTER 10. Improvement Districts in Resource Conservation Districts [9801. - 9924.]

Chapter 10 added by Stats. 1975, Ch. 513.

§§ 9801–9924 · 69 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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.