DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501. - 14403.5.]
Division 6 enacted by Stats. 1951, Ch. 764.
§§ 11501–14403.5 · 486 sections
CHAPTER 1. General Provisions §§ 11501–11536 · 15 sections
ARTICLE 1. Definitions §§ 11501–11509 · 9 sections
- § 11501 This division may be cited as the “Municipal Utility District Act.”
- § 11502 Unless the context otherwise requires, the provisions of this article govern the construction of this division.
- § 11503 “District” means a municipal utility district formed under this division or under Chapter 218 of the Statutes of 1921, as originally enacted or subsequently…
- § 11504 “Public agency” includes a city, county water district, county sanitation district, or sanitary district.
- § 11505 “Voter” means any elector who is registered under the Elections Code.
- § 11506 “Sewage disposal” means the acquisition, construction, enlargement, operation, and maintenance of intercepting sewers, sewage treatment works, pumping plants,…
- § 11507 “Percent of the total vote cast,” when used with reference to the requirements of any petition or nomination paper, means percent of the total vote cast,…
- § 11508 “Solid Waste Resource Recovery” means the acquisition, construction, enlargement, operation, and maintenance of facilities for the purpose of collecting,…
- § 11509 “Electricity district” means a municipal utility district formed under this division that furnishes electricity to more than 100,000 customers.
ARTICLE 2. General Provisions §§ 11531–11536 · 6 sections
- § 11531 A municipal utility district may be created as provided in this division and when so created may exercise the powers herein granted.
- § 11532 All persons who, at the time this division goes into effect, hold offices under Chapter 218 of the Statutes of 1921, as originally enacted or subsequently…
- § 11533 Except as otherwise provided in this division elections shall be held and conducted and the result ascertained, determined, and declared in all respects as…
- § 11534 Except as otherwise provided in this division all ordinances, summaries of ordinances, and notices that are required to be published shall be published once a…
- § 11535 Whenever in this division publication in a newspaper of general circulation published within the district is required, and there is no such newspaper, then the…
- § 11536 Whenever the signature of any officer or employee of a district or of any member of the Retirement Board or of any officer or employee of the Retirement System…
CHAPTER 2. Formation of Districts §§ 11561–11701 · 31 sections
ARTICLE 1. General Provisions §§ 11561–11562 · 2 sections
ARTICLE 2. Request by Resolution §§ 11581–11583 · 3 sections
- § 11581 Legislative bodies of half or more of the public agencies proposed to be included in the proposed district may pass resolutions declaring that in their opinion…
- § 11582 The resolutions may state the kind of utility proposed to be first acquired, but failure to acquire such utility shall not affect the validity of the district.…
- § 11583 Certified copies of the resolutions shall be presented to the board of supervisors of the county containing the largest number of voters within the proposed…
ARTICLE 3. Request by Petition §§ 11611–11614 · 4 sections
- § 11611 Instead of resolutions, a petition may be presented to the board of supervisors of the county containing the largest number of voters within the proposed…
- § 11612 The petition shall contain substantially the same declarations and statements required to be contained in the resolutions presented to a board of supervisors…
- § 11613 The petition may be on separate papers, but each paper shall contain the affidavit of the person who circulated it certifying that each name signed thereto is…
- § 11614 The clerk of the board of supervisors of the county in which the petition is presented shall compare the signatures to the petition with the affidavits of…
ARTICLE 4. Election §§ 11641–11656 · 20 sections
- § 11641 Upon receipt of certified copies of the resolutions or of a sufficient petition, the board of supervisors to whom they are presented shall call an election…
- § 11642 Before calling the election the board of supervisors shall divide the proposed district into five wards, the boundaries of which shall be so drawn that each…
- § 11643 Upon establishing the wards, the board of supervisors shall publish notice of the election within the proposed district.
- § 11643.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 11643.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 11643.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 11643.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
- § 11644 The notice shall state the name of the proposed district, and describe the boundaries thereof and the boundaries of the wards provided for the purpose of…
- § 11645 The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following: Shall the “…
- § 11646 The ballots shall also contain the names of the persons nominated in each ward to serve as a member of the board from such ward, showing separately each ward…
- § 11647 Any person may be nominated for the office of director upon written petition of at least 50 voters of the ward in which such person resides.
- § 11648 Candidates for the office of director shall be voted upon at large, and every voter in the proposed district may vote for all of the directors to be elected.
- § 11649 No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district.
- § 11650 The election may be held on the same day as any other state, county, or city election, and be consolidated therewith.
- § 11651 The board of supervisors which called the election shall meet on Monday next succeeding the day of the election and canvass the votes cast thereat.
- § 11652 (a) The board of supervisors shall canvass, separately, the returns of each public agency and each parcel of unincorporated territory, if any. (b) Subject to…
- § 11653 No person may serve as a director unless he is a resident and voter of the district as finally determined. Any vacancies on the board caused by the elimination…
- § 11654 The board of supervisors shall also canvass the returns of the election with respect to the persons voted for as directors, and shall declare the persons…
- § 11655 The board of supervisors calling the election shall make all provision for the holding thereof throughout the entire district as proposed, and shall pay the…
- § 11656 If a special election is held exclusively on the proposition of organizing a district, the expenditure therefor shall be reimbursed to the county which called…
ARTICLE 5. Establishment of the District § 11681 · 1 section
- § 11681 The board of supervisors shall cause a certified copy of the order declaring the result of the election to be filed in the Office of the Secretary of State,…
ARTICLE 6. Contest of Incorporation § 11701 · 1 section
- § 11701 No informality in any proceeding or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to…
CHAPTER 3. Internal Organization of Districts §§ 11801–11950 · 76 sections
ARTICLE 1. Government § 11801 · 1 section
- § 11801 The government of every district is vested in a board of five directors, one from each ward, together with the other officers mentioned in this division. The…
ARTICLE 2. Election of Directors §§ 11821–11832 · 11 sections
- § 11821 The first directors are elected at the formation election as provided in Chapter 2. All elections of directors subsequent to the first shall be held at the…
- § 11822 Notice of election shall be published and no other notice of such election need be given.
- § 11823 The board shall by resolution or ordinance fix the boundaries of the wards for the purpose of electing directors therefrom. The board of directors shall, by…
- § 11824 The notice of election shall refer to the wards established by the board.
- § 11825 Not more than 113 days prior to the election, upon request, the county elections official of the principal county containing the majority of the population of…
- § 11827 Nomination papers may be circulated throughout the district.
- § 11828 (a) Except as otherwise provided in this division, the provisions of the Elections Code prescribed for independent nominations shall substantially govern the…
- § 11829 The board shall in the notice, ordinance, or resolution calling an election consolidate it with the general election to be held at the same time in the…
- § 11830 Candidates for the office of director shall be voted upon at large, and every voter in the district may vote for all of the directors to be elected.
- § 11831 Upon receipt of the returns of the canvass by the respective boards of supervisors the board shall meet and determine results of the election and declare the…
- § 11832 The secretary of the district shall issue certificates of election, signed by him and duly authenticated, immediately following the determination of the result…
ARTICLE 2.5. Additional Directors §§ 11850–11855 · 7 sections
- § 11850 (a) Notwithstanding any other provision of this chapter, in any district formed prior to January 1, 1974, and containing a population of 1,000,000 or more on…
- § 11851 In any district in which the number of directors is required to be increased from five to seven as provided in Section 11850, the board of directors in office…
- § 11852 The two additional directors provided for by this article shall be nominated and elected in the manner and at the election called and conducted within the…
- § 11852.5 (a) Notwithstanding any other provision of law, if, in a district subject to this article, by 5 p.m. on the 83rd day prior to the day fixed for the general…
- § 11853 The two additional directors elected pursuant to this article shall take office immediately upon the issuance of the certificates of election by the secretary…
- § 11854 The term of office of the additional directors elected pursuant to this article shall be four years and until their successors are elected and qualified.
- § 11855 Nothing in this article shall effect the term of office of district directors in office on the effective date of this section.
ARTICLE 2.7. Sacramento Municipal Utility District §§ 11857–11857.5 · 6 sections
- § 11857 Notwithstanding any other provision of this chapter, in the Sacramento Municipal Utility District, the number of directors on the district board shall be…
- § 11857.1 To effectuate the increase as provided in Section 11857, the board of directors in office on January 1, 1994, shall, by resolution or ordinance adopted within…
- § 11857.2 The two additional directors provided for by this article shall be nominated and elected in the manner and at the election called and conducted within the…
- § 11857.3 The two additional directors elected pursuant to this article shall take office immediately upon the issuance of the certificates of election by the secretary…
- § 11857.4 The term of office of the additional directors elected pursuant to this article shall be four years and until their successors are elected and qualified.
- § 11857.5 Nothing in this article shall affect the term of office of district directors in office on the effective date of this section.
ARTICLE 3. Terms of Office of Directors §§ 11861–11865 · 4 sections
- § 11861 The directors elected at the formation election shall hold their respective offices only until the first day of January next following the next general…
- § 11862 Of the directors elected at the first election following the formation election, those three elected by the highest vote shall hold office for four years, and…
- § 11863 Directors elected at the formation election shall enter upon their official duties immediately upon the filing of the order declaring the result of the…
- § 11865 Vacancies on the board shall be filled as provided in this section: (a) (1) The remaining board members may fill the vacancy by appointment. The person…
ARTICLE 4. Powers and Duties of Directors §§ 11881–11895 · 21 sections
- § 11881 The oath of office of directors shall be taken, subscribed, and filed with the secretary of the district at any time after the director has notice of his…
- § 11882 The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or…
- § 11883 The board is the legislative body of the district and determines all questions of policy.
- § 11884 All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this division shall be provided for…
- § 11885 The board shall supervise and regulate every utility owned and operated by the district, including the fixing of rates, rentals, charges, and classifications,…
- § 11886 The board shall by resolution determine and create such number and character of positions as are necessary properly to carry on the functions of the district…
- § 11886.1 The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may…
- § 11887 The board of any district having 600 or more employees may appoint not to exceed 15 employees to positions requiring peculiar and exceptional qualifications,…
- § 11887.1 The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may,…
- § 11887.2 The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may,…
- § 11888 The board may from time to time contract for or employ any professional service required by the district or for the performance of work or services which…
- § 11889 The board shall employ an expert who shall examine and report, at least annually, upon the system of accounts kept by the district.
- § 11890 The salaries or wages of all officers and employees of a district shall be paid periodically as the board may prescribe. At the expiration of the period fixed…
- § 11891 The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific…
- § 11891.5 The board of any district which has owned and operated a water distribution system for at least 10 years and which maintains a system of accounting…
- § 11891.6 The board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more which…
- § 11892 To facilitate the business of the district, the board may provide for the creation and administration of revolving funds as the needs of the district may…
- § 11892.1 Notwithstanding Section 11892, the board of a district which has owned and operated an electric distribution system for at least eight years and has a…
- § 11893 If a legal holiday falls on a Saturday, the board may provide by resolution that the Friday preceding is a holiday within the district for the purpose of…
- § 11894 The board may provide by resolution, if necessary to implement a memorandum of understanding adopted pursuant to Chapter 10 (commencing with Section 3500) of…
- § 11895 A district may, by resolution adopted by a majority of the board, change its name. A certified copy of the resolution changing the name of the district shall…
ARTICLE 5. Meetings and Legislation §§ 11907–11912 · 8 sections
- § 11907 A majority of the board constitutes a quorum for the transaction of business.
- § 11908 The board shall establish rules for its proceedings and may provide, by ordinance or resolution, that each member shall receive for each attendance at the…
- § 11908.1 (a) Notwithstanding Section 11908, a district with a board having seven directors may provide, by resolution or ordinance, that each director shall receive…
- § 11908.2 Notwithstanding Section 11908, the board of a district which has owned and operated an electric distribution system for at least eight years and has a…
- § 11909 The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance, resolution, or motion shall have any validity or effect unless…
- § 11910 (a) No ordinance shall be passed by the board within five days of the day of its introduction or at any time other than a regular or adjourned regular meeting.…
- § 11911 The enacting clause of all ordinances shall be as follows: “Be it enacted by the board of directors of ________ municipal utility district:”
- § 11912 All ordinances shall be signed by the president of the board or the vice president, and attested by the secretary.
ARTICLE 6. Other Officers §§ 11926–11942 · 17 sections
- § 11926 The board shall appoint and fix the salary of a general manager, who shall have full charge and control of the construction of the works of the district and of…
- § 11927 All other things being equal, the board shall appoint as general manager some person who has had experience in municipal engineering or in the construction or…
- § 11928 The general manager need not be a resident of this State at the time of his appointment.
- § 11929 The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of…
- § 11930 Notwithstanding this article, until such time as the district has operated, controlled, or used works or parts of works for providing the inhabitants and…
- § 11931 The board may appoint an accountant, a secretary, a treasurer, and an attorney, who shall hold office during the pleasure of the board.
- § 11932 The attorney shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of his profession for…
- § 11933 The board may also provide for assistants to any officer of the district who shall hold office at the pleasure of the board and may perform any and all acts…
- § 11934 The board may consolidate any of the district offices in one person.
- § 11935 The oath of office of all appointive officers of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the…
- § 11936 Each appointive officer shall give such bond and in such amount as the board may require.
- § 11937 The powers of the general manager are: (a) To see that all ordinances of the district are enforced. (b) To administer the civil service system of the district…
- § 11938 The general manager shall within 90 days from the end of each fiscal year cause to be published a summary of the financial report showing the result of…
- § 11939 The attorney shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. He shall give his…
- § 11940 The accountant shall install and maintain a system of auditing and accounting which shall completely and at all times show the financial condition of the…
- § 11941 The treasurer shall be the custodian of the funds of the district and shall make payments and execute instruments for the payment of demands against the…
- § 11942 With the consent of the board, the treasurer may: (a) Authorize the trust department of any state or national bank, or a trust company authorized to act as…
ARTICLE 7. Initiative and Referendum § 11950 · 1 section
- § 11950 The initiative and referendum provisions of Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code shall apply to every municipal utility…
CHAPTER 4. Civil Service System §§ 12051–12167 · 21 sections
ARTICLE 1. Establishment §§ 12051–12055 · 5 sections
- § 12051 The general manager shall adopt a civil service system for the selection, examination, employment, classification, advancement, suspension, and discharge of…
- § 12052 The general manager shall adopt rules and regulations to carry out the purposes of the civil service provisions of this division and may from time to time…
- § 12053 The rules and regulations or any proposed amendments thereto shall be in writing and a copy thereof shall be posted in a conspicuous place in the office of the…
- § 12054 The civil service provisions of this chapter do not apply to any district until such time as it has operated, controlled, or used works or parts of works for…
- § 12055 The “district civil service” includes every employee of the district except all of the following: (a) Officers elected by the people. (b) Officers, assistant…
ARTICLE 2. Appointments §§ 12101–12104 · 5 sections
- § 12101 All appointments under the civil service system shall be made for the good of the public service and solely on the basis of integrity, character, merit,…
- § 12102 (a) When no list of eligibles is available for a position in the class requisitioned by the department or division head, the general manager may make a…
- § 12102.1 When no list of eligibles is available for a position in the class requisitioned by the department or division head, the general manager of a district which…
- § 12103 The general manager may make appointments to higher positions exclusively promotional by tests from lower ranks.
- § 12104 Every appointee to a permanent position shall be on probation for six months, except that the general manager may establish a probationary period for up to 12…
ARTICLE 3. Blanketing-In §§ 12131–12134 · 4 sections
- § 12131 The incumbents of permanent positions who have held such positions for a period of at least six months continuously next preceding the time that a civil…
- § 12132 Whenever any district acquires existing facilities from a publicly or privately owned public utility, whether by proceedings in eminent domain or otherwise,…
- § 12133 If a civil service system is adopted for a district during the period of a leave of absence granted under Section 395.4 of the Military and Veterans Code or…
- § 12134 Whenever a district acquires existing facilities from a public utility, whether by proceedings in eminent domain or otherwise, any officer or employee of the…
ARTICLE 4. Discipline §§ 12161–12167 · 7 sections
- § 12161 No person employed under civil service provisions of this division or of any rules and regulations adopted pursuant thereto in a permanent position shall be…
- § 12162 Removal or discharge may be made for any of the following causes: incompetence, habitual intemperance, immoral conduct, insubordination, discourteous treatment…
- § 12163 The department or division head may for disciplinary purposes suspend a subordinate for a period of not exceeding 15 days and suspension shall carry with it a…
- § 12164 Within five days after the mailing of written notice of removal, discharge, or suspension, any employee may file a written request with the general manager for…
- § 12165 When such request is made the general manager shall immediately appoint from officers or assistant officers of the district (other than elected officials), or…
- § 12166 The committee shall examine into the case and make such decision as it deems just and may among other things order the employee discharged, suspended, or…
- § 12167 Nothing in the civil service provisions of this division deprives any person of his rights and remedies in a court of competent jurisdiction.
CHAPTER 5. Retirement System §§ 12301–12392 · 28 sections
ARTICLE 1. Establishment §§ 12301–12307 · 7 sections
- § 12301 The board may establish a retirement system for the officers, whether elective or appointive, or both, and employees of the district and provide for the…
- § 12302 The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group…
- § 12303 Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the…
- § 12304 The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the…
- § 12305 A district may make all or part of its officers, whether elective or appointive, or both, and employees members of the Public Employees’ Retirement System by…
- § 12306 The board may classify and determine the officers, whether elective or appointive, or both, and employees who shall be included as members in the retirement…
- § 12307 Notwithstanding any other provision of law, a participant in a deferred compensation plan may also participate in the district’s retirement system, and, in…
ARTICLE 2. Benefits and Contributions §§ 12331–12338 · 9 sections
- § 12331 The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and…
- § 12332 The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which…
- § 12333 The board shall provide that both the district and the members shall contribute to the retirement system. Based on tables and assumptions adopted by the board,…
- § 12334 All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the…
- § 12335 Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated…
- § 12336 If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall…
- § 12337 All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all…
- § 12337.5 Notwithstanding the provisions of Section 12337, the retirement board may comply with and give effect to a revocable written authorization signed by a retired…
- § 12338 Nothing in this division shall prevent a district from establishing a deferred compensation plan for some or all of its officers and employees pursuant to…
ARTICLE 3. Retirement Board §§ 12361–12368 · 10 sections
- § 12361 The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees,…
- § 12362 All members of the retirement board shall serve without pay.
- § 12363 The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole…
- § 12364 If the district maintains its own retirement fund, the retirement board shall have exclusive control of the administration, investment, and disbursement of the…
- § 12365.6 In addition to such other investments that are authorized by this article, the retirement board may, in its discretion, invest the assets of the retirement…
- § 12365.7 (a) Notwithstanding any other provision of this chapter, the retirement board, or the district’s treasurer with the approval of the retirement board, may enter…
- § 12365.8 Notwithstanding any other provision of this article, the retirement system may invest in any and all investments authorized by Section 1372 of the Financial…
- § 12366 Notwithstanding Section 12364, the retirement board may contract with one or more qualified investment managers in connection with the investment program of…
- § 12367 The retirement board may authorize a trust company or a trust department of any state or national bank authorized to conduct the business of a trust company in…
- § 12368 Funds held by a district pursuant to a written agreement between the district and the employees of the district to defer a portion of the compensation…
ARTICLE 4. Investigation and Penalties §§ 12391–12392 · 2 sections
- § 12391 At least once in each four-year period after the establishment of the retirement system the board shall cause to be made an actuarial valuation of the assets…
- § 12392 Except as herein provided, no member of the board or of the retirement board, nor any member of the retirement system or employee of the district, shall have…
CHAPTER 6. Powers and Functions of District §§ 12701–13024 · 103 sections
ARTICLE 1. Corporate Power §§ 12701–12703 · 4 sections
- § 12701 A district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 12702 A district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 12702.5 (a) Except as specified in subdivision (b), any judicial action or proceeding against a district that provides electric utility service, to attack, review, set…
- § 12703 A district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this division.
ARTICLE 2. Contracts §§ 12721–12723 · 3 sections
- § 12721 A district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 12722 Neither the general manager nor any director of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be…
- § 12723 Whenever the board, by resolution passed by a majority of its members, determines that the public interest will be served, a district constructing or operating…
ARTICLE 3. Purchases §§ 12751–12753 · 6 sections
- § 12751 (a) Except as specified in Section 12751.5, the purchase of all supplies and materials, when the expenditure required exceeds twenty-five thousand dollars…
- § 12751.1 Notwithstanding Section 12751, the board of a district which has owned and operated an electric distribution system for at least eight years and has a…
- § 12751.2 Notwithstanding Section 12751, the board of a district which has owned and operated water distribution or sewage disposal systems for at least eight years and…
- § 12751.3 (a) The purpose of this section is to provide affected districts with an alternative acquisition process that will result in reduced costs to ratepayers.…
- § 12752 If after the bids have been rejected, the board determines and declares by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths…
- § 12753 In case of any great emergency, the board may, by resolution passed by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths…
ARTICLE 4. Property §§ 12771–12773 · 3 sections
- § 12771 A district may take by grant, purchase, gift, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real…
- § 12772 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 12773 (a) For purposes of this section, “security” has the same meaning as defined in Section 25019 of the Corporations Code. (b) The Sacramento Municipal Utility…
ARTICLE 5. Utility Works and Service §§ 12801–12827 · 46 sections
- § 12801 A district may acquire, construct, own, operate, control, or use, within or without, or partly within or partly without, the district, works or parts of works…
- § 12801.5 A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of…
- § 12802 A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions of money, rights of way,…
- § 12803 Except as provided in this division with reference to sewage disposal, a district shall not interfere with or exercise any control over any existing utility…
- § 12804 Whenever there is a surplus of water, light, heat, or power above that which is required by inhabitants or public agencies within a district, the district may…
- § 12805 Whenever any of the facilities, works, or utilities of the district, or part thereof, is not used or employed to its fullest capacity for the benefit or…
- § 12806 The district and any public agencies included therein may at any time enter into appropriate contracts for the use by any such public agencies of commodities…
- § 12807 A district may sell or otherwise dispose of any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewage disposal…
- § 12808 A district may construct works across or along any street or public highway, or over any of the lands which are the property of the State, and it shall have…
- § 12808.5 (a) Notwithstanding Sections 53091 and 65402 of the Government Code, Section 12808 of the Public Utilities Code and Section 1469 of the Streets and Highways…
- § 12809 The rates and charges for commodities or service furnished by a district shall be fixed by the board. As far as possible utilities shall be self-supporting but…
- § 12810 The board may provide that rates, tolls, and charges for any sewage disposal enterprise or service may be collected with the rates, tolls, and charges for any…
- § 12811 The board may provide for the collection of fees, tolls, rates, rentals, or other charges in any lawful manner and may provide for collection by action at law,…
- § 12811.1 (a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to…
- § 12811.2 (a) Notwithstanding any other provision of law, a district may establish a temporary relief program for assistance to needy customers of the district who are…
- § 12812 The board may apportion all or a portion of the expenses of operation and maintenance of any sewage disposal facilities constructed by the district, and the…
- § 12813 Notwithstanding any of the provisions of this article, the board may, in its discretion, finance any sewage disposal or solid waste resource recovery…
- § 12814 A district may add fluorine or fluorine compounds to the water supply of the district only if the voters of the district have approved the addition of the…
- § 12815 The board may call a special election at any time for the purpose of submitting to the voters of the district the proposition as to whether or not the voters…
- § 12815.1 The board shall adopt an ordinance, in accordance with Section 12815, calling an election for the purpose of submitting to the voters of the district the…
- § 12815.2 Petitions which meet the requirements of this article shall be certified as sufficient.
- § 12815.3 Before circulating the petition, its proponents shall publish a notice of intention to do so. The notice shall be accompanied by a printed statement, not…
- § 12815.4 The petition shall declare that the public interest or necessity demands that a special election be called by the board of directors for the purpose of…
- § 12815.5 Any registered voter who is a resident of the district may circulate the petition anywhere within the district. Each section of the petition shall bear the…
- § 12815.6 The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by the proponents. All sections of the petition shall be…
- § 12815.7 If the petition contains more than 500 signatures, the secretary shall, within 30 days from the date such petition is filed, verify such signatures by means of…
- § 12815.8 In determining valid signatures from voter registration records, the secretary may use the duplicate file of affidavits or may check the signatures against…
- § 12815.85 The secretary shall attach to the petition, a certificate showing the result of the signature examination, and shall notify the proponents of either the…
- § 12815.9 If the petition is found insufficient, no action shall be taken on it. However, the failure to secure sufficient signatures shall not preclude the later filing…
- § 12816 (a) At least 90 days prior to the election provided for in Sections 12815 and 12815.1, notice of the election shall be published within the district. Any voter…
- § 12817 A district may, through contract or otherwise, construct, maintain, improve and operate public recreational facilities appurtenant to any water reservoir owned…
- § 12818 (a) No publicly owned utility shall commence the distribution or sale of water for municipal, domestic, industrial or similar purposes for, on, or to, any land…
- § 12819 (a) Every district furnishing light, heat, or power shall expend no funds for advertising when the advertising encourages increased consumption of the services…
- § 12819.5 Whenever a business transaction of a municipal utility district furnishing electricity, gas, water service where the utility has 10,000 or more service…
- § 12820 (a) A district may employ a suitable security force. The employees of the district that are designated by the general manager as security officers shall have…
- § 12821 (a) Notwithstanding Section 117070 or 117120 of the Health and Safety Code, any violation of a rule or regulation of a district adopted pursuant to Section…
- § 12821.5 (a) Whenever residential light, heat, or power is furnished through a submeter system by a master-meter customer for sale to users who are tenants of a…
- § 12822 (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b)…
- § 12822.1 (a) If a district furnishes residential light, heat, water, or power to residential occupants through a master meter in a multiunit residential structure,…
- § 12822.6 (a) The decision of a district to require a new residential applicant to deposit a sum of money with the district prior to establishing an account and…
- § 12823 (a) A district furnishing its inhabitants with light, water, power, or heat shall not terminate residential service for nonpayment of a delinquent account…
- § 12823.1 (a) A district furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless the…
- § 12824 No electrical, gas, heat, or water municipal utility district shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause…
- § 12825 (a) A district furnishing light, heat, or power may engage in activities to reduce wasteful, uneconomical or unnecessary uses of energy, including, but not…
- § 12826 Every district shall comply with Section 8029.5.
- § 12827 The board of a district that has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may engage…
ARTICLE 5a. Claims § 12830 · 1 section
- § 12830 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 6. Indebtedness §§ 12841–12844 · 4 sections
- § 12841 A district may borrow money and incur indebtedness, and may issue bonds or other evidences of indebtedness. No indebtedness shall be incurred exceeding the…
- § 12842 No district shall incur an indebtedness for public works which in the aggregate exceeds 20 percent of the assessed value of all the real and personal property…
- § 12843 Indebtedness which has been incurred for the construction and operation of a public utility, where the revenue from the utility for three years or more next…
- § 12844 A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions or loans from the United…
ARTICLE 6a. Electric, Water, Communications, or Sewage Disposal System Improvements §§ 12850–12857 · 8 sections
- § 12850 This article shall apply only to districts which have owned and operated an electric distribution, water distribution, or sewage disposal system for at least…
- § 12851 A district may, from time to time, issue bonds in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division…
- § 12852 Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code, the limitations on the rate of interest set…
- § 12853 When bonds are issued under this article, the preliminary resolution of the board adopted pursuant to this article shall take effect upon its adoption by the…
- § 12854 Upon any such resolution taking effect subject to the right of referendum pursuant to this article, the board shall cause the same to be published in the…
- § 12855 If no such referendary petition is presented within the period of 60 days, then upon the expiration of such period, or if the proposition of issuing the bonds…
- § 12856 The board at any time may, and upon the filing of a referendum petition as provided in Section 12854 shall, adopt a resolution calling a special election for…
- § 12857 The authority herein contained shall be in addition to the authority conferred by Chapter 7 of this division and indebtedness incurred in accordance with the…
ARTICLE 6b. Bonds § 12860 · 1 section
- § 12860 Bonds issued by a district, pursuant to Article 8 (commencing with Section 53540) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, may…
ARTICLE 7. Investments §§ 12871–12875 · 5 sections
- § 12871 A district may invest any surplus money in its treasury, including money in any sinking fund, in any of the following: (a) Its own bonds, whether issued on…
- § 12872 Such investment may be made by direct purchase of any issue of such bonds, treasury notes, or obligations, or part thereof, at the original sale or by the…
- § 12873 Any bonds, treasury notes, or obligations purchased and held as investments by the district may from time to time be sold and the proceeds reinvested in bonds,…
- § 12874 Sales of any bonds, treasury notes, or obligations purchased and held by the district shall from time to time be made in season so that the proceeds may be…
- § 12875 Notwithstanding any other provision of law, a district which has owned and operated a water distribution or sewage disposal system for at least eight years and…
ARTICLE 8. Taxation §§ 12891–12904 · 15 sections
- § 12891 A district may levy, and collect or cause to be collected, taxes for any lawful purpose.
- § 12891.5 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…
- § 12892 If, in the opinion of the board, the revenues will not be sufficient for any and all lawful purposes the board shall levy a tax for such purpose or purposes…
- § 12893 The board shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the district’s…
- § 12894 The taxes required to be levied and collected on account of interest, principal, and sinking fund of district bonds shall be in addition to all other taxes…
- § 12895 Nothing in this division prevents the issuance of revenue bonds by a district for the entire district or any special district created therein under any…
- § 12896 The board may provide for the assessment, levy, and collection of taxes by the district, including the sale of property to the district for delinquent taxes,…
- § 12897 The board may elect to avail itself of the assessments made by the assessors of the counties in which the district is situated, and of the assessments made by…
- § 12898 In such case the county auditor shall, on or before August 15th of each year, transmit to the board a statement in writing showing the total value of all…
- § 12899 In case the board elects to avail itself of the assessments referred to in Section 12897 it shall, on or before the first week day in September, or if such…
- § 12900 The board shall immediately after fixing the rate of taxes as above provided transmit to the county auditors of the counties in which the district is situated…
- § 12901 The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected the net amount, ascertained as…
- § 12902 Whenever any real property situate in any district which has availed itself of the provisions of Section 12897 has been sold for taxes and has been redeemed,…
- § 12903 The compensation to be charged by and paid to any county for the performance of services under this article shall be fixed by agreement between the board of…
- § 12904 All taxes levied under this division are a lien on the property on which they are levied. Unless the board has by ordinance otherwise provided, the enforcement…
ARTICLE 9. Improvement Act of 1911 §§ 12921–12922 · 2 sections
- § 12921 The Improvement Act of 1911 may be used by a district formed pursuant to this division for the construction of water facilities. In the application of said…
- § 12922 The powers and duties conferred by the Improvement Act of 1911 on boards, officers and agents of cities shall be exercised by the respective boards, officers…
ARTICLE 11. Municipal Improvement Act of 1913 § 13010 · 1 section
- § 13010 The Municipal Improvement Act of 1913 may be used by a district formed pursuant to this division for any purpose or purposes which a district may carry out.
ARTICLE 12. Irrigation Standby or Immediate Availability Charge §§ 13021–13024 · 4 sections
- § 13021 This article shall apply only to the ownership, operation, control, or use by a district of a system for the distribution of irrigation water and shall not…
- § 13022 (a) A district which acquires, constructs, owns, operates, controls, or uses works for supplying its inhabitants and lands within the district with irrigation…
- § 13023 (a) Any district levying a standby charge, which has elected under Section 12897 to use county and state assessment and tax collection procedures, shall, on or…
- § 13024 Any funds derived from the standby charges levied pursuant to this article may be used by the district for all purposes which a district is authorized to…
CHAPTER 6.5. Electric System Improvements §§ 13071–13193 · 73 sections
ARTICLE 1. Application §§ 13071–13073 · 3 sections
- § 13071 This chapter is complete authority for the issuance of bonds hereunder, and no action or proceeding not required by this chapter shall be necessary for the…
- § 13072 Unless otherwise clearly indicated by the context, all of the provisions of this chapter shall be understood as relating only to bonds issued under this…
- § 13073 This chapter shall apply only to districts which have owned and operated an electric distribution system for at least 10 years and which have a population of…
ARTICLE 2. Definitions §§ 13081–13085 · 5 sections
- § 13081 Unless the context otherwise requires, the provisions of this article govern the construction of this chapter.
- § 13082 “Bonds” includes the meaning of “notes, certificates and other evidences of indebtedness” and in every case refers only to bonds issued under this chapter,…
- § 13083 “Refund” includes the meaning of “extend” and “renew.”
- § 13084 “Assented to by the voters” means that the proposition indicated by the context has been submitted to the voters of the district, and has been assented to by a…
- § 13085 “Payments on principal” means payments on account of the principal of bonds, whether upon maturity or by payments into a sinking fund on account of principal,…
ARTICLE 3. General Authorization §§ 13091–13096 · 6 sections
- § 13091 A district may borrow money from time to time for the purpose of constructing, reconstructing, replacing, extending or improving its system for supplying the…
- § 13092 A district may also refund from time to time, whether at or prior to maturity, any outstanding indebtedness evidenced by its bonds, and may issue, and sell or…
- § 13093 Whenever a district exercises the power to borrow money pursuant to this chapter the board may authorize the issuance of bonds in any amount which, when added…
- § 13094 The limitations prescribed in Section 13093 shall not be applicable to the issuance of any refunding bonds pursuant to this chapter, and the amount of any…
- § 13095 Any bond for the payment and discharge of which, upon maturity or upon redemption prior to maturity, provision has been made through the setting apart in a…
- § 13096 The board shall have power to determine all the terms and conditions of the issuance and sale of bonds pursuant to this chapter, excepting only as such power…
ARTICLE 4. Proceedings for Issuance §§ 13101–13107 · 6 sections
- § 13101 Whenever a district proposes to exercise the power to borrow money, or to refund indebtedness, pursuant to this chapter, the board shall adopt a preliminary…
- § 13103 When bonds are issued under this chapter, the preliminary resolution of the board adopted pursuant to this article shall take effect upon its adoption by the…
- § 13104 Upon any such resolution taking effect subject to the right of referendum, pursuant to this article, the board shall cause the same to be published in the…
- § 13105 If no such referendary petition is presented within the aforesaid period of 60 days, then upon the expiration of said period, or if the proposition of issuing…
- § 13106 The provisions of any resolution constituting a part of the proceedings for the issuance of any bonds under this chapter, when so declared by its terms, or by…
- § 13107 The board at any time may adopt a resolution providing for submission to the voters of the district of the proposition of assenting to any proposed action of…
ARTICLE 5. Sources of Payment §§ 13111–13112 · 2 sections
- § 13111 All bonds issued by a district pursuant to this chapter shall be, and shall recite upon their face that they are, payable both as to principal and interest,…
- § 13112 The provisions of this article shall not preclude any of the following: (1) The payment of any such principal, interest or premiums through appropriate reserve…
ARTICLE 6. Reserve Funds §§ 13121–13124 · 4 sections
- § 13121 In connection with the exercise of the power to borrow money, to issue bonds, and to refund indebtedness, pursuant to this chapter, the board may, from time to…
- § 13122 Money set aside and placed in any such reserve fund or special trust account shall remain therein until from time to time expended for the purposes thereof,…
- § 13123 Money in any such reserve fund shall be drawn therefrom only upon demands authenticated by the signature of the accountant of the district; provided, however,…
- § 13124 Money in any such special trust account shall be drawn therefrom only in accordance with directions given or authorized by the board.
ARTICLE 7. Obligation to Bondholders §§ 13131–13136 · 6 sections
- § 13131 So long as any bonds of the district are outstanding and unpaid, or so long as provision has not been made for the full payment and discharge of all such…
- § 13132 The board shall fix rates for service from the electric system to which the indebtedness pertains, and collect charges for such service, such as to provide…
- § 13133 Bonds issued under this chapter shall be issued without any priority with respect to payment of principal or interest.
- § 13134 The electric system of the district to which the indebtedness pertains shall not be sold or otherwise disposed of, as a whole or substantially as a whole,…
- § 13135 No indebtedness payable out of revenues shall be created in contravention of the provisions of any resolutions heretofore adopted by the board in connection…
- § 13136 Anything in this article to the contrary notwithstanding, the board, in any resolution constituting a part of the proceedings for the issuance of any issue of…
ARTICLE 8. Consents of Bondholders §§ 13141–13142 · 2 sections
- § 13141 The board may provide in the resolution authorizing the issue of any bonds under this chapter that any act consented to by the holders of 60 percent in…
- § 13142 The board may provide in the resolution authorizing the issue of any bonds under this chapter the terms and conditions upon which any provision of any…
ARTICLE 9. Form and Content §§ 13151–13152 · 19 sections
- § 13151 Without limiting in any way the generality of its power, the board is expressly authorized, in its discretion, to provide, in connection with any issue of…
- § 13151.1 The board may provide for such bonds being in such amounts, of such denominations, payable at such times, and in such form as the board may determine.
- § 13151.2 The board may provide for such bonds being negotiable or nonnegotiable.
- § 13151.3 The board may provide for such bonds and the interest thereon, and premiums, if any, due upon the redemption of any thereof, being payable or collectible at…
- § 13151.4 The board may provide for such bonds being payable to bearer or only to the registered holder, either as to principal alone, or as to both principal and…
- § 13151.5 The board may provide for such bonds being redeemable, either at the option of the district, or in the operation of any sinking fund provided for the issue, at…
- § 13151.6 The board may provide for the issuance by the district of a duplicate, in the manner and on such terms and conditions as the board may determine, in the event…
- § 13151.7 The board may provide for the appointment and payment of fiscal, paying, sinking fund or other agents, or of trustees or registrars.
- § 13151.8 The board may provide for the appointment of the treasurer of the district to act as such fiscal, paying, sinking fund or other agent.
- § 13151.9 The board may provide for the custody by the district of bonds and coupons, whether pending delivery or after purchase or surrender; for the delivery of bonds…
- § 13151.10 The board may provide for the sale of any such bonds upon such terms and conditions as the board in its discretion may determine at public sale. Bonds may be…
- § 13151.11 The board may provide for the issuance of interim receipts or of temporary bonds, in such form as the board may prescribe, pending the issuance of definitive…
- § 13151.12 The board may provide for any signatures to such bonds and to any coupons thereto attached, and to any interim receipts and temporary bonds, being by facsimile.
- § 13151.13 The board may provide for restrictions on the incurring of additional indebtedness of the district payable out of the revenues out of which the bonds then…
- § 13151.14 The board may provide for restrictions on future transfers out of the revenues out of which the bonds then authorized are to be payable.
- § 13151.15 The board may provide for covenants with the holders of bonds to the same effect as set forth in Article 7 of this chapter, which covenants shall not be…
- § 13151.16 The board may provide for the issuance and distribution in such form as the board may determine of official statements respecting proposed issues of bonds and…
- § 13151.17 The board may provide for the making of contracts, or the placing of orders, for the engraving or printing of any bonds, whether definitive or temporary, or of…
- § 13152 Each issue of bonds issued pursuant to this chapter shall conform to the following requirements: (1) Such bonds shall be serial bonds or sinking fund bonds, or…
ARTICLE 10. Validity §§ 13161–13166 · 6 sections
- § 13161 Prior to the issue of any bonds to be issued pursuant to this chapter, the board, after satisfying itself respecting the relevant facts, shall, by resolution,…
- § 13162 The board may also, by resolution, find and determine any other facts relevant to the legality of the issue.
- § 13163 The board, by resolution adopted in connection with any issue of bonds pursuant to this chapter, may direct that there shall be included in each of the bonds…
- § 13164 From and after the issuance of any issue of bonds the findings and determinations of the board respecting that issue made pursuant to this article shall be…
- § 13165 Bonds shall be deemed to be issued, within the meaning of this article whenever the definitive bonds, or any temporary bonds or interim receipts exchangeable…
- § 13166 The validity of bonds reciting that they have been issued pursuant to this chapter shall not be affected by any provision or limitation contained in any other…
ARTICLE 11. Proceeds §§ 13171–13177 · 7 sections
- § 13171 All sums received as accrued interest on the sale of any issue of bonds issued pursuant to this chapter shall be applied to the payment of interest on or…
- § 13172 All sums received as principal and premiums on the sale of any issue of bonds shall be applied to the purposes for which such bonds were issued. The board may…
- § 13173 The board may from time to time establish and maintain a separate fund or funds in the district treasury for the purpose of insuring the application of such…
- § 13174 Money set aside and placed in any such separate fund shall remain therein until from time to time expended for the purposes for which such bonds were issued,…
- § 13175 Money in any such separate fund shall be drawn therefrom only upon demands authenticated by the signature of the accountant of the district.
- § 13176 If the board shall determine by resolution that the expenditure of the whole or any portion of the said principal sum of any issue of bonds for the purpose for…
- § 13177 If any excess of the principal sum of the proceeds of any issue of bonds shall remain unexpended after the full accomplishment of the purpose for which such…
ARTICLE 12. Short Term Borrowing §§ 13181–13184 · 4 sections
- § 13181 A district may also have the power to borrow money from time to time for any or all of the purposes specified in this chapter, and to issue and sell notes, or…
- § 13182 All notes or other evidences of indebtedness issued under the authority of this article shall contain upon their face a recital that they are so issued and…
- § 13183 No amount shall be borrowed under the authority of this article which when added to the amount of all other notes or other evidences of indebtedness issued…
- § 13184 All of the provisions of this chapter not inconsistent with the terms of this article, and not by their terms made inapplicable thereto, shall apply to all…
ARTICLE 13. Investments §§ 13191–13193 · 3 sections
- § 13191 Pending use for the purposes for which any reserve fund or special trust account or any other separate fund established pursuant to this chapter was so…
- § 13192 Any bonds or other securities so purchased shall constitute a part of such reserve fund, separate fund or special trust account, and any interest or any…
- § 13193 Bonds issued under this chapter may be presented to the State Treasurer for certification under Division 10 of the Water Code in like manner and with the same…
CHAPTER 7. Bonds §§ 13201–13341 · 29 sections
ARTICLE 1. Issuance §§ 13201–13212 · 12 sections
- § 13201 A district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing, or completing the whole or…
- § 13202 Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition,…
- § 13203 In lieu of a resolution passed by the board, proceedings for the issuance of bonds for the purposes provided in this chapter may be initiated by petition of…
- § 13204 Whenever any petition signed by voters within the district equal in number to at least 15 percent of the total vote cast is presented to the board asking for…
- § 13205 If the required number of signatures is found to be genuine, the secretary shall transmit to the board an authentic copy of the petition without the signatures.
- § 13206 Upon receiving a petition with the certificate of the secretary stating that it contains the required number of signatures, the board shall formulate for…
- § 13207 The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for…
- § 13208 Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election.
- § 13209 All special bond elections held in even-numbered years shall be consolidated with the direct primary or general election. All special bond elections held in…
- § 13210 The ordinance shall be published, and no other notice of election need be given.
- § 13211 The votes of two-thirds of all the voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter.
- § 13212 If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the…
ARTICLE 2. Form and Content §§ 13241–13244 · 4 sections
- § 13241 Bonds authorized pursuant to this chapter shall mature serially in amounts to be fixed by the board; provided, that payment shall begin not more than 10 years…
- § 13242 The bonds shall be issued in such denomination or denominations as the board determines, and shall be payable on the day and at the place or places fixed in…
- § 13243 The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment…
- § 13244 The bonds shall be signed by the president of the board or by such officer of the district as the board shall by resolution authorize and designate for that…
ARTICLE 3. Issue and Sale §§ 13261–13263 · 3 sections
- § 13261 The bonds may be issued and sold for not less than their par value, but otherwise as the board determines.
- § 13262 The proceeds of the bonds shall be placed in the district treasury to the credit of the proper fund, and shall be used exclusively for the objects or purposes…
- § 13263 In lieu of the immediate levy of a tax to pay the interest or any part thereof on any bonded indebtedness incurred in accordance with this division, the board…
ARTICLE 4. Refunding §§ 13281–13288 · 7 sections
- § 13281 Whenever the board by resolution passed by a vote of two-thirds of all its members determines that the refunding of the whole or any portion of the bonded…
- § 13282 The issuance of refunding bonds shall not be construed as the incurring or increase of an indebtedness within the meaning of this division, and the approval of…
- § 13284 Only the property in a special district is taxable for the payment of the principal and interest on any refunding bonds which are issued for the purpose of…
- § 13285 Except as provided in this article, matters pertaining to the issuance of refunding bonds under this chapter shall be governed by Article 9 (commencing with…
- § 13286 The proceeds of the sale of refunding bonds shall be applied only to the purchase, or retirement at not more than par and accrued interest, or the call price,…
- § 13287 In lieu of selling refunding bonds and using the proceeds to purchase or retire the bonds to be refunded, the board may exchange refunding bonds at not less…
- § 13288 Whenever outstanding bonds are refunded they shall be surrendered to the treasurer of the district, who shall cancel them by endorsing on their face the manner…
ARTICLE 5. Status as Investments §§ 13311–13312 · 2 sections
- § 13311 All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both…
- § 13312 All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the State as…
ARTICLE 6. Validating Proceedings § 13341 · 1 section
- § 13341 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…
CHAPTER 7.1. Emergency Financing §§ 13345–13347 · 3 sections
ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works §§ 13345–13347 · 3 sections
- § 13345 Whenever the board, by resolution adopted by a four-fifths vote of all members of the board of a five-ward district, or by a five-sevenths vote of all members…
- § 13346 Whenever the board makes the finding and determination as described in Section 13345, the district may borrow money and incur indebtedness by the issuance of…
- § 13347 Indebtedness incurred pursuant to this chapter shall be payable from any sources of available funds, including revenues, taxes, or state or federal grants. The…
CHAPTER 7.5. Short-Term Borrowing §§ 13371–13392 · 11 sections
ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness §§ 13371–13379 · 9 sections
- § 13371 A district may borrow money and incur indebtedness for the purposes of this chapter by the issuance of bonds, notes or other evidences of indebtedness by a…
- § 13372 The district may issue refunding bonds, notes, or other evidences of indebtedness for the purpose of paying and redeeming at or before maturity any bonds,…
- § 13373 General obligation indebtedness issued pursuant to this chapter shall be payable from any sources of available funds, including revenues or taxes. The board is…
- § 13374 This chapter applies only to districts which have owned and operated an electric distribution system or electric generating facilities or a water distribution…
- § 13375 As used in this chapter, the term “revenues of the district” shall have the same meaning as is provided in Section 54315 of the Government Code.
- § 13376 When bonds are issued under this article, the preliminary resolution of the board adopted pursuant to this article shall take effect upon its adoption by the…
- § 13377 Whenever a resolution authorizes the issuance of bonds pursuant to Section 13371, the board shall cause the resolution to be published in the manner provided…
- § 13378 If no such referendum petition is presented within the period of 60 days, then upon the expiration of such period, or if the proposition of issuing the bonds…
- § 13379 The board at any time may, and upon the filing of a referendum petition as provided in Section 13377 shall, adopt a resolution calling a special election for…
ARTICLE 2. Borrowing to Purchase Electricity §§ 13391–13392 · 2 sections
- § 13391 A district may borrow money and incur indebtedness for the purchasing of electricity; provided, that the maximum principal amount of indebtedness outstanding…
- § 13392 All provisions of this chapter not inconsistent with this article and not by their terms made inapplicable thereto shall apply to all evidences of indebtedness…
CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery §§ 13451–13691 · 61 sections
ARTICLE 1. Proposal of Formation §§ 13451–13456 · 6 sections
- § 13451 One or more special districts for sewage disposal or solid waste resource recovery purposes may be created within the boundaries of a district as provided in…
- § 13452 Resolutions shall first be passed by the legislative bodies of half or more, but of not less than two, of the public agencies, all or any part of the area of…
- § 13453 Instead of procedure by resolutions, a petition may be filed with the secretary of a district signed by voters within the proposed special district equal in…
- § 13454 The petition shall declare that the public interest or necessity demands the creation of a special district for sewage disposal or solid waste resource…
- § 13455 The secretary of the district shall compare the signatures with the affidavits of registration and shall certify to the sufficiency or insufficiency of the…
- § 13456 The board may initiate proceedings for the creation of a special district for sewage disposal or solid waste resource recovery purposes within the area of the…
ARTICLE 2. Hearing §§ 13481–13488 · 8 sections
- § 13481 Within 60 days after receipt of the resolutions of the public agencies or receipt of the certification of the sufficiency of a petition by the secretary of the…
- § 13482 The notice of hearing shall be published once in a newspaper of general circulation published in the district.
- § 13483 The time fixed for the hearing shall be not less than 30 nor more than 60 days from the date of the first publication of the notice.
- § 13484 At or before the hearing, any person interested may file with the secretary of the district written objections to the creation of the special district or to…
- § 13485 The board may reduce or enlarge the boundaries of the proposed special district, but the boundaries as enlarged shall be within the district.
- § 13486 The board shall not approve the creation of a special district containing territory in addition to the territory included in the resolutions or petitions filed…
- § 13487 No public agency or portion thereof shall be included within the boundaries of a special district unless its legislative body consents by resolution, or unless…
- § 13488 If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution approve the creation of the…
ARTICLE 3. Election §§ 13511–13513 · 3 sections
- § 13511 At any time after the board has approved the creation of the proposed special district, and fixed its boundaries, the board shall call and publish notice of an…
- § 13512 No person is entitled to vote at the election unless he is a voter of the territory included in the proposed special district. The election may be held on the…
- § 13513 If a proposition for incurring a bonded indebtedness is submitted at the same election with the proposal to create the special district, the votes cast on the…
ARTICLE 4. Establishment §§ 13531–13532 · 2 sections
ARTICLE 5. Powers and Functions §§ 13561–13565 · 5 sections
- § 13561 Connections of all sewers within the special district to intercepting sewers of the district shall be made at such points and in such manner and under such…
- § 13562 Nothing in this division shall require the district to construct any sewers other than intercepting and outfall sewers. The determination by the board of what…
- § 13563 Upon completion of sewage disposal facilities for any special district all sewage and industrial waste originating within the special district shall be…
- § 13564 Without limiting in any way the foregoing provisions of this division, the respective public agencies within the district and the district may contract…
- § 13565 Each utility which a district is authorized to acquire, construct, own, operate, control, or use pursuant to this division shall be considered to be a utility…
ARTICLE 5.5. Waste Water Control §§ 13570–13578 · 13 sections
- § 13570 The board shall supervise and regulate sewage disposal within a special district, including the fixing of standards, contracts, issuance of licenses or…
- § 13571 Without limiting in any way the provisions of this division, and in addition to the powers granted therein, the board may make and enforce such regulations for…
- § 13572 Rules and regulations pertaining to the control of quantity, quality or flow of waste water may provide for any or all of the following: (a) Periodic technical…
- § 13573 No person shall discharge waste water into a community sewer system connected to or directly into a district interceptor which will result in contamination,…
- § 13574 Whenever a discharge of waste water is in violation of the district’s regulations or otherwise causes or threatens to cause a condition of contamination,…
- § 13575 (a) Any person who fails to comply with any order issued by the district, shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for…
- § 13575.5 (a) The district may issue a complaint to any person on whom civil liability may be imposed pursuant to this article. The complaint shall allege the act or…
- § 13575.6 Any party aggrieved by a final order issued by the board under Section 13575.5, after granting review of a hearing officer order, may obtain review of the…
- § 13575.7 (a) Within 30 days after service of a copy of a decision and order issued by the board pursuant to Section 13575.5, any aggrieved party may file with the…
- § 13576 Any person who intentionally discharges waste water in any manner, in violation of any order issued by the district, which results in contamination, pollution…
- § 13576.5 Any person who knowingly makes any false statement or representation in any record, report, plan, or other document filed with the district, or who falsifies,…
- § 13577 Any abatement actions taken pursuant to the foregoing sections with respect to contamination, pollution or nuisance, as defined in this article, created by the…
- § 13578 The district may enter upon private property of any person and sample at, inspect or survey the waste water sampling installation or pretreatment facilities or…
ARTICLE 6. Financing §§ 13591–13593 · 3 sections
- § 13591 The board may use temporarily any district funds for the payment of any costs or expenses incident to the proposed or actual creation of a special district for…
- § 13592 The board shall recover all district funds advanced under this article by means of taxes levied upon all property within the special district or from any…
- § 13593 Nothing in this article limits the general powers of a district with reference to sewage disposal or solid waste resource recovery.
ARTICLE 7. Bonds §§ 13621–13626 · 6 sections
- § 13621 At any time after the creation of a special district a proposition of incurring bonded indebtedness for the acquisition, construction, or completion by the…
- § 13622 Except as otherwise provided herein the provisions of Chapter 7 shall substantially govern as to all matters pertaining to the issuance of bonds under this…
- § 13623 The favorable vote of two-thirds of all the voters within the special district voting on the proposition is required to authorize the issuance of the bonds.
- § 13624 Only the property in the special district shall be taxable for the payment of the principal and interest on special district bonds. Until the bonds are paid,…
- § 13625 Any proceeding denying the validity of the creation of any special district, or of any bonds authorized by the voters thereof pursuant to this division, shall…
- § 13626 The board may utilize the provisions of Chapter 7.1 (commencing with Section 13345) to authorize emergency financing of the repair or replacement of damaged or…
ARTICLE 7.5. Short-Term Borrowing §§ 13631–13633 · 3 sections
- § 13631 The special district may borrow money and incur indebtedness in anticipation of the sale of bonds which have been authorized to be issued by the voters within…
- § 13632 The special district may issue refunding bonds, notes, or other securities for the purpose of paying and redeeming at or before maturity any bonds, notes or…
- § 13633 Evidences of indebtedness issued pursuant to this article shall be payable from any sources of available funds of the special district, including revenues,…
ARTICLE 8. Annexation §§ 13651–13661 · 11 sections
- § 13651 Any public agency or portion thereof or unincorporated territory within the boundaries of a district (hereinafter referred to collectively as “territory”) not…
- § 13652 The board shall by resolution determine that the annexation of the territory will facilitate the acquisition or operation of a public utility for the special…
- § 13653 No public agency or portion thereof shall be annexed to a special district unless the legislative body thereof shall by resolution consent.
- § 13654 The terms and conditions for the annexation of territory to a special district may provide, among other things, for the payment of taxes within the territory…
- § 13655 Notice fixing the time and place for hearing on the question of the annexation of territory to a special district shall be published once in a newspaper of…
- § 13656 The time for hearing shall be not less than 30 nor more than 60 days from the date of the first publication of the notice.
- § 13657 At or before the hearing any person interested may file with the secretary of the district written objections to the annexation of the territory to the special…
- § 13658 The hearing may be adjourned from time to time by the board without further notice other than an order entered upon the minutes of its meeting fixing the time…
- § 13659 From and after the date of filing of the resolution with the secretary of the district the annexation of the territory, or portion thereof, to the special…
- § 13660 No annexation to a special district shall operate to dissolve or terminate the legal existence of any public agency within or partly within the territory…
- § 13661 From and after the date of annexation any territory annexed to a special district is liable for payment of its proportionate share of any indebtedness then…
ARTICLE 9. Dissolution § 13691 · 1 section
- § 13691 A special district may be dissolved by resolution of the board if any proposition for the incurring of a bonded indebtedness fails to carry, and if the special…
CHAPTER 9. Annexation of Public Agencies §§ 13801–13932 · 23 sections
ARTICLE 1. Annexation Agreement §§ 13801–13804 · 5 sections
- § 13801 Any public agency not included within the boundaries of a district may be annexed to the district in the manner provided in this chapter or in the…
- § 13802 The legislative body of the public agency proposed to be annexed shall agree in writing with the board upon the terms and conditions of annexation, which…
- § 13802.5 The terms and conditions of annexation may provide, among other things, for the levy and payment of taxes within the territory to be annexed in addition to the…
- § 13803 After the legislative body of the public agency and the board have concurred upon the proposed terms and conditions, the secretary or clerk of the public…
- § 13804 After the filing of the proposed agreement with the executive officer, proceedings thereon shall be taken by the local agency formation commission in the…
ARTICLE 2. Approval by District §§ 13821–13827 · 7 sections
- § 13821 The agreement shall become effective and be binding upon the district and the public agency when approved in the manner set forth in this chapter. After…
- § 13822 The ordinance, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published in…
- § 13823 At the hearing any person interested may file with the board written objections to the execution of the agreement.
- § 13824 Upon the hearing the board shall determine whether or not the agreement will be carried into execution and shall hear and determine all objections thereto.…
- § 13825 Any hearing on the agreement may be adjourned from time to time by the board without further notice other than an order to be entered upon the minutes of the…
- § 13826 If no protests are filed or if the protests filed are overruled and denied the board shall thereupon by resolution finally approve the agreement and authorize…
- § 13827 When executed by the district the agreement shall be dated and an executed copy filed with the secretary of the district. An executed copy shall also be filed…
ARTICLE 3. Approval by Public Agency §§ 13851–13856 · 6 sections
- § 13851 At any time after the board has finally approved the agreement of annexation the legislative body of the public agency to be annexed shall cause an election to…
- § 13852 Notice of election shall be published as provided in Section 11534 and shall either state that a copy of the annexation agreement is on file in the office of…
- § 13853 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 13854 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the annexation, the…
- § 13855 If the proposition fails to carry, the result shall be entered upon the minutes of the governing body of the public agency.
- § 13856 If the proposition receives the vote of the requisite majority of voters the governing body of the public agency shall enter in its minutes an order declaring…
ARTICLE 4. Establishment of Annexation § 13886 · 1 section
- § 13886 Upon receipt by the district of a copy of the agreement of annexation properly executed by the district and the public agency proposed to be annexed the board…
ARTICLE 5. Annexation of Territory Annexed to Public Agencies §§ 13911–13912 · 2 sections
- § 13911 Upon the completion of the annexation of any territory in accordance with law to any city included in the district the city clerk shall file with the secretary…
- § 13912 If the district shall file its objections in the manner aforesaid to the annexation of said territory or any specified portion or portions thereof to the…
ARTICLE 6. Effect of Annexation §§ 13931–13932 · 2 sections
- § 13931 From and after the date of annexation the board shall levy upon all of the property in the public agency annexed such taxes, tolls, or charges as are necessary…
- § 13932 No annexation of a public agency to a district shall operate to dissolve or terminate the legal existence of the public agency annexed.
CHAPTER 10. Annexation of Unincorporated Territory §§ 14051–14052 · 2 sections
- § 14051 Unincorporated territory may be annexed to a district in the manner provided in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000…
- § 14052 Unincorporated territory not contiguous to a district may not be annexed if the district does not possess facilities for supplying utility service to that…
CHAPTER 11. Exclusion of Territory §§ 14351–14384 · 5 sections
ARTICLE 1. Exclusion of Unincorporated Territory § 14351 · 1 section
- § 14351 Any territory contained within a district not operating any utility and not included within the boundaries of any incorporated city and not benefited in any…
ARTICLE 2. Exclusion of Incorporated Territory §§ 14381–14384 · 4 sections
- § 14381 If the city to which any territory included in any district has been annexed already serves electricity or water to the territory annexed, the city council or…
- § 14382 The agreement for exclusion shall be authorized and executed and proceedings for such exclusion taken in the same manner as provided in Chapter 9 (commencing…
- § 14383 If an order of exclusion is granted, the board and the governing body of the city shall by contract provide for the payment by the city of the proportion of…
- § 14384 The order of exclusion does not invalidate in any manner any taxes or assessments theretofore levied or assessed against the lands excluded nor relieve the…
CHAPTER 11.5. Hearings §§ 14401–14403.5 · 5 sections
- § 14401 Before any rates and charges for commodities or service furnished by a district are fixed or changed the general manager shall file with the board a report and…
- § 14402 A district or any interested person may bring an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
- § 14403 Before the board adopts any change in rates and charges for commodities or services furnished by an electricity district intended to increase or decrease…
- § 14403.3 The report and recommendation of the general manager of an electricity district filed pursuant to Section 14403 shall include all of the following: (a) The…
- § 14403.5 At the hearing held pursuant to Section 14403, the board shall do both of the following: (a) Permit any member of the public who has given 10 days advance…