CHAPTER 2. Garbage and Refuse Disposal Districts
Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22.
§§ 49100–49195 · 46 sections
ARTICLE 1. Definitions § 49100 · 1 section
- § 49100 “District,” as used in this chapter, means a district formed pursuant to this chapter or pursuant to any law which it supersedes.
ARTICLE 2. Formation §§ 49110–49118 · 9 sections
- § 49110 Any contiguous portion or portions of a county, whether the portion or portions include incorporated or unincorporated territory, may be formed into a garbage…
- § 49111 (a) The board of supervisors may determine, by resolution, that a portion of the county is in need of a site for the disposal of garbage and refuse and should…
- § 49112 The notice shall state the fact that the board of supervisors has fixed the time and place, which shall be stated in the notice, for a hearing on the matter of…
- § 49113 The notice shall describe the territory, or shall specify the exterior boundaries of the territory, proposed to be organized into a district.
- § 49114 At any time prior to the time fixed for a hearing on the matter, any person interested may file with the clerk of the board of supervisors written objections…
- § 49115 At the final hearing the board of supervisors shall make those changes in the proposed boundaries that are advisable and shall define and establish the…
- § 49116 If, from the testimony given before the board of supervisors, it appears to the board of supervisors that the public necessity or welfare requires the…
- § 49117 The county clerk shall immediately file for record in the office of the county recorder of the county in which the land embraced in the district is situated,…
- § 49118 No district shall be formed under this chapter after October 1, 1961.
ARTICLE 3. Board of Directors §§ 49120–49123 · 4 sections
- § 49120 (a) Within 30 days after the filing with the Secretary of State of the certified copy of the order of formation, a governing board of trustees for the district…
- § 49121 Any governing body authorized by Section 49120 to appoint a member to the district board may make the appointment from its own members.
- § 49122 The members of the district board in office on September 15, 1961, shall, as soon as practicable thereafter, so classify themselves, by lot, that a majority of…
- § 49123 (a) A member of a district board may be reimbursed, subject to Sections 53232.2 and 53232.3 of the Government Code, for actual and necessary expenses incurred…
ARTICLE 4. Powers and Duties §§ 49130–49131 · 2 sections
- § 49130 The district board may do all of the following: (a) Make and enforce all rules and regulations necessary for the administration and government of the district…
- § 49131 The district board may designate any depository for the custody of any or all the money collected or received for district purposes pursuant to Article 2…
ARTICLE 5. Taxation §§ 49140–49144 · 5 sections
- § 49140 At least 15 days before the first day of the month in which the board of supervisors of the county in which the district is situated is required by law to levy…
- § 49141 The district board may also include in its estimate prepared pursuant to Section 49140 an unappropriated reserve to cover expenditures that have not been…
- § 49142 The board of supervisors of the county in which the district is situated shall, at the time of levying county taxes, levy a tax to be known as the “____…
- § 49143 For purposes of the district, the board of supervisors shall levy a tax of not more than fifteen cents ($0.15) on each one hundred dollars ($100) of taxable…
- § 49144 The district board may establish and maintain a cash-basis fund for the purpose of defraying district expenses between the beginning of a fiscal year and the…
ARTICLE 6. Claims § 49150 · 1 section
- § 49150 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 7. Bonds §§ 49160–49181 · 22 sections
- § 49160 No general obligation bonds shall be issued by the district unless the issuance thereof is approved by the electors of the district at a special election as…
- § 49161 The resolution shall state all of the following: (a) The general objectives and purposes for which it is proposed to incur an indebtedness. (b) A general…
- § 49162 For purposes of the bond election, the district board may consolidate into one precinct several precincts established for general election purposes and…
- § 49163 An election board consisting of one inspector, one judge and one clerk shall be appointed by the district board for each precinct.
- § 49164 Only voters registered in the district are eligible to vote at the bond election.
- § 49165 A resolution calling the election shall be published once a week for three successive weeks in a newspaper having a general circulation in the district and…
- § 49166 If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution…
- § 49167 The validity of the bonds after their issuance shall not be questioned in any court except on the ground that the provisions of this chapter authorizing their…
- § 49168 The district board shall prescribe, by resolution, the form of the bonds and interest coupons. The bonds shall be payable at the times and at a place to be…
- § 49169 The bonds shall be issued in the denominations that the district board determines, except that no bond shall be of a denomination less than one hundred dollars…
- § 49170 The bonds shall be signed by the chairperson of the district board and countersigned by the county auditor, and the seal of the district board shall be…
- § 49171 If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his or her…
- § 49172 The district board may issue and sell bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county.
- § 49173 All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal of, and interest on, the bonds and the remainder…
- § 49174 (a) The funds in the construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. (b)…
- § 49175 If the proposition of issuing bonds submitted at the bond election fails to receive the requisite number of votes, the district board may, after expiration of…
- § 49176 If bonds have been issued by the district and the proceeds of the sale have been expended and the district board, by resolution passed by a vote of two-thirds…
- § 49177 Bonds and interest thereon shall be paid by revenue derived from an annual tax upon the property in the district, and all the property in the district shall be…
- § 49178 (a) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal…
- § 49179 Whenever a district has issued bonds, in its annual statement to the board of supervisors as to the amount of money needed for district purposes during the…
- § 49180 If the district board fails to furnish to the board of supervisors a statement of the amount of money necessary to pay the principal of, and interest on, the…
- § 49181 The principal of, and interest on, the bonds shall be paid by the treasurer of the county in the manner prescribed by law for the principal of, and interest…
ARTICLE 8. Revenue Bonds § 49190 · 1 section
- § 49190 A district formed pursuant to this chapter is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of…
ARTICLE 9. Change of Boundaries § 49195 · 1 section
- § 49195 The boundaries of any district may be altered, and outlying contiguous territory, whether incorporated or unincorporated, may be annexed pursuant to the…