CHAPTER 6. Powers and Functions of District [12701. - 13024.]

Chapter 6 enacted by Stats. 1951, Ch. 764.

§§ 12701–13024 · 103 sections

1. 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.
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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…
10. 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…
11. 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…
12. 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…
13. 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.
14. 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…