DIVISION 7. PUBLIC UTILITY DISTRICT ACT [15501. - 18055.]
Division 7 added by Stats. 1953, Ch. 72.
§§ 15501–18055 · 309 sections
CHAPTER 1. General Provisions §§ 15501–15533 · 10 sections
ARTICLE 1. Definitions §§ 15501–15507 · 7 sections
- § 15501 This division may be cited as “The Public Utility District Act.”
- § 15502 Unless the context otherwise requires, the provisions of this article govern the construction of this division.
- § 15503 “District” means a public utility district formed pursuant to this division.
- § 15504 “Board” means the board of directors of a district.
- § 15505 “Elector,” “voter,” or “qualified elector,” means a voter whose name appears on the great register of the county in which the district is located, or any…
- § 15506 “Original and primary proposition” means the proposition to incorporate the proposed district with all of the proposed territory joining in the proceedings and…
- § 15507 “Person” means an individual, a firm or a copartnership.
ARTICLE 2. General Provisions §§ 15531–15533 · 3 sections
- § 15531 The great register or supplement thereto, and certificates in due form of notaries public or verification deputies acknowledging the signature of any voter to…
- § 15532 Nothing in this division shall be construed as repealing or modifying the provisions of any other law relating to public utility districts, except insofar as…
- § 15533 Whenever all the territory comprising a district becomes part of a city, the legislative body of the city succeeds to the powers of the board of directors of…
CHAPTER 2. Formation of Districts §§ 15701–15846 · 42 sections
ARTICLE 1. Petition for Formation §§ 15701–15709 · 9 sections
- § 15701 A district may be incorporated and managed in unincorporated territory pursuant to this division and may exercise the powers expressly granted.
- § 15702 Whenever the people of unincorporated territory desire to organize a district, they shall present to the board of supervisors of the county within which the…
- § 15703 The petition may consist of any number of separate instruments, all of which shall constitute one petition. A separate petition is required from each unit of…
- § 15704 Each petition shall name or describe the territory within which the registered voters signing it reside. Every petition shall set forth the boundaries and name…
- § 15705 The county elections official shall within 30 days examine and verify the signatures to the petition and certify the result of the examination to the board of…
- § 15706 If the county elections official, by his or her certificate, finds that a petition is insufficient, he or she shall certify to the number of additional…
- § 15707 If a supplemental petition is filed, all signatures appended to the petition and to the supplemental petition shall be considered in determining the number of…
- § 15708 After the election for the incorporation of the proposed district, the sufficiency of the petition in any respects shall not be subject to judicial review or…
- § 15709 Notwithstanding any provision of law, for purposes of this division all territory in the Kirkwood Meadows Public Utility District shall be deemed to be solely…
ARTICLE 2. Hearing §§ 15731–15738 · 8 sections
- § 15731 By resolution each board of supervisors to which a petition is presented shall fix a time for a hearing, which shall be within 15 days after final publication…
- § 15732 Within 10 days after a petition is presented to it, the board of supervisors shall publish a copy of the petition, and a notice that the petition will be heard…
- § 15733 The hearing may be adjourned from time to time for the determination of facts, not exceeding two weeks in all.
- § 15734 If the signatures attached to the petition are sufficient, no defect in the contents of the petition or in the title to or form of the notice shall vitiate any…
- § 15735 The publication of notice shall be pursuant to Section 6062 of the Government Code in a newspaper of general circulation, printed, published, and circulated in…
- § 15736 At the hearing or at any time prior thereto, any owner of taxable property within the proposed district may file a petition with the board of supervisors…
- § 15737 Any person owning land adjoining any land described in the petition, upon his verified application, in the discretion of the board, may have his land included…
- § 15738 At the hearing the board shall determine whether or not the petition complies with the requirements set forth in this division and whether or not the notice…
ARTICLE 3. Election §§ 15761–15765 · 9 sections
- § 15761 The special election shall be called by ordinance by each board of supervisors. The ordinance shall specify the purpose and time of the election, establish the…
- § 15762 The ordinance calling the election shall be published in the unincorporated territory pursuant to Section 6062 of the Government Code. If no newspaper is…
- § 15762.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 15762.2 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…
- § 15762.3 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…
- § 15762.4 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…
- § 15763 The election shall be held and conducted, the returns canvassed, and the result declared by the board of supervisors in the manner provided by general law for…
- § 15764 The proposition submitted at the election shall be stated upon the ballot substantially as follows: “Shall ________ public utility district (naming it) be…
- § 15765 Within five days after the result of the election is declared, and the order is made where required, the chairman of the board of supervisors of each county in…
ARTICLE 4. Establishment of the District §§ 15791–15798 · 8 sections
- § 15791 The board of supervisors receiving the certificates delivered pursuant to Section 15765 shall meet and examine them within three weeks after all the elections…
- § 15792 If it appears from the certificates that a majority of the electors voting at the election has voted against the formation of the district, the proceedings…
- § 15793 When the board of supervisors has completed its examination of the certificates, and has made the order provided in Section 15791, it shall forthwith attach…
- § 15794 The board of supervisors shall immediately deposit one roll for filing in the office of the Secretary of State, and cause the other roll to be recorded in the…
- § 15795 Upon the receipt of the duplicate roll the Secretary of State shall issue his certificate reciting that it is filed in his office and that the public utility…
- § 15796 No charge shall be made by either the Secretary of State or any county recorder or county elections official for the services required of him or her under this…
- § 15797 From and after the date the duplicate roll is filed with the Secretary of State, the district is incorporated as a public utility district, with all the…
- § 15798 The board may change the name of the district by adoption of an ordinance changing the name of the district and by giving notification of the name change to…
ARTICLE 5. Contest of Incorporation §§ 15821–15822 · 2 sections
- § 15821 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…
- § 15822 Any such contest shall be brought in the superior court of the county where the district, or the greater part of its population, is situated. If more than one…
ARTICLE 6. Verification Deputies §§ 15841–15846 · 6 sections
- § 15841 Verification deputies shall be qualified electors residing within the territory of the district or the proposed district for which they are appointed.
- § 15842 Verification deputies required to verify signatures to petitions for the formation of a district, or to certificates or petitions nominating candidates for…
- § 15843 Appointments of verification deputies shall be made upon written application of not less than five (5) nor more than ten (10) qualified electors of any…
- § 15844 Verification deputies need not use a seal, and shall not have power to administer oaths for any purpose other than that for which they are appointed. Their…
- § 15845 Verification deputies shall not be paid, in whole or in part, directly or indirectly, out of the county treasury or the treasury of a district.
- § 15846 Before appointment a verification deputy shall make and file with the clerk appointing him an oath as to his age, place of residence, occupation, and whether…
CHAPTER 3. Internal Organization of Districts §§ 15951–16196 · 79 sections
ARTICLE 1. Election of Directors §§ 15951–15976 · 28 sections
- § 15951 At an election held in the district on the next established election date not less than 74 days after its formation a board of directors shall be elected, to…
- § 15952 A director at large shall be a resident and qualified elector of the district.
- § 15953 All unincorporated territories situated in the same county and included within the district shall be regarded as an entirety and as a territorial unit of the…
- § 15954 Candidates for the office of director to be elected by a unit shall be nominated from each such territorial unit, and the remaining number of directors shall…
- § 15955 Each directorship is a separate office for the purpose of nomination and election, and for the filling of vacancies.
- § 15956 (a) Candidates for directors at large shall be designated in all declarations of candidacy, nominating certificates, and on all official election ballots as…
- § 15957 Candidates for director from the several territorial units entitled to one director each shall be designated in all declarations of candidacy, nominating…
- § 15958 If only one unit of unincorporated territory is contained in the district, it may be designated as “the unincorporated territorial unit.”
- § 15959 If two or more units of unincorporated territory are contained in the district, they shall be numbered, named, and designated by the board of supervisors in…
- § 15960 The board of supervisors shall number, name, and designate each territorial unit of the district by ordinance at a regular or special meeting after the…
- § 15961 Designations of directors by name or number have no significance whatever after election and qualification of the directors or after appointment and…
- § 15961.5 (a) Notwithstanding any other provision of the division, the candidates for director of any district that is wholly or partially within the County of Placer…
- § 15961.6 (a) Notwithstanding any other provision of this division, the candidates for director of any district that is wholly or partially within the County of San…
- § 15962 The population of each unit of unincorporated territory within the district shall be determined at the time of calling the election of the first board of…
- § 15963 The board of directors shall determine the boundaries of each unit of unincorporated territory within the district pursuant to Chapter 8 (commencing with…
- § 15965 The election of directors shall be held in the unincorporated territory included within the district and shall be called by the board of supervisors of the…
- § 15966 (a) Not less than 30 days prior to the election, any five or more electors in the district may file with the board of directors a petition requesting that the…
- § 15967 A certificate of election shall be issued by the board of supervisors to each person elected and declared elected.
- § 15968 Immediately after receiving his or her certificate of election and before assuming the duties of office, each director shall take and subscribe an official…
- § 15969 All official oaths shall be in the form provided by law for official oaths of county officers.
- § 15970 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office.
- § 15971 Elections of directors after election of the first board shall be called and held by the board of directors, and shall be called, held, and conducted,…
- § 15972 The board of directors of a district which lies entirely within one county may submit to the qualified electors, at a general election or a special election…
- § 15973 Within 30 days after an increase in the number of directors has been authorized, the board of directors shall appoint two qualified electors of the district to…
- § 15973.1 (a) Notwithstanding Sections 15951, 15972, and 15973, the local agency formation commission, in approving either a consolidation of districts or the…
- § 15974 Notwithstanding Section 15952 or any other provision of this division, each member of the board of directors of the Johnsville Public Utility District in…
- § 15975 (a) Notwithstanding any other provision of this division, candidates for director of the Georgetown Divide Public Utility District may be elected by wards upon…
- § 15976 Notwithstanding any provision of law, the Board of Directors of the Kirkwood Meadows Public Utility District shall consist of five members, elected at large.…
ARTICLE 2. Terms and Compensation of Directors §§ 16001–16003 · 3 sections
- § 16001 On the first Tuesday after their election and qualification, the directors shall meet and classify themselves by lot, so that the largest possible minority…
- § 16002 (a) Each member of the board may receive the compensation that the board by ordinance provides, not exceeding four thousand eight hundred dollars ($4,800) a…
- § 16003 A vacancy in the office of director shall be filled pursuant to Section 1780 of the Government Code.
ARTICLE 3. Powers and Duties of Directors §§ 16031–16044 · 14 sections
- § 16031 Except as otherwise provided in this division, the powers of the district shall be exercised by the board of directors.
- § 16032 The board of directors shall choose one of its members president.
- § 16033 The president shall sign all contracts on behalf of the district and perform such other duties as may be imposed by the board.
- § 16034 The board may from time to time contract for or employ any professional services required by the district, the board, or any officers of the district.
- § 16035 At the first meeting of the board, after the board has qualified and organized, it shall appoint the clerk, accountant, general manager, and treasurer.
- § 16036 In lieu of appointing a treasurer, the board may elect that the duties of treasurer be performed by the treasurer of the county in which the district, or the…
- § 16037 The board may consolidate two or more offices in the same person.
- § 16038 The board may provide for an assistant to any officer of the district who may perform the acts his principal may perform, when authorized so to do by the board.
- § 16039 At the first meeting after the end of each fiscal year, the board shall render and immediately cause to be published a verified statement of the financial…
- § 16040 The financial statement shall show particularly the receipts and disbursements since the publication of the last preceding statement and of the last preceding…
- § 16041 Publication of the financial statement shall be made pursuant to Section 6066 of the Government Code in a newspaper of general circulation printed and…
- § 16042 A neglect or refusal of the board to comply with Sections 16601 to 16614, inclusive, 16644 to 16659, inclusive, and 16467 is cause for removal from office.
- § 16043 No director or other officer of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board,…
- § 16044 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
ARTICLE 4. Meetings and Legislation §§ 16071–16084 · 14 sections
- § 16071 The board shall establish rules for its proceedings and shall provide for the time and place of holding meetings and the manner in which special meetings may…
- § 16072 The board shall act only by ordinance, resolution, or motion. The ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and…
- § 16073 The enacting clause of all ordinances shall be: “Be it enacted by the board of directors of _______ public utility district:”.
- § 16074 All resolutions and ordinances shall be signed by the president of the board and attested by the secretary.
- § 16075 No ordinance passed by the board takes effect less than 30 days after its passage. At least one week before the expiration of the said 30 days copies of the…
- § 16076 An order entered in the minutes of the board that an ordinance has been duly posted and published is prima facie proof of such posting and publication.
- § 16077 All tax levies for a purpose other than interest or sinking fund payments shall be first authorized by the board by ordinance when the amount proposed to be…
- § 16078 During the 30 days following passage of an ordinance pursuant to Section 16077 a petition, signed by qualified voters of the district equal to 10 percent of…
- § 16079 Immediately upon receipt of a petition submitted pursuant to Section 16078 the board shall cause the clerk of the district to examine and verify the…
- § 16080 Within 10 days after the filing of a supplemental petition, the clerk shall examine it and certify to the result of his examination.
- § 16081 An ordinance is suspended from going into operation until the examination, verification, and certification are completed.
- § 16082 If a petition, or petition as amended, is certified to be sufficient the ordinance is suspended from going into operation and the board shall reconsider it.
- § 16083 If the board does not entirely repeal the ordinance upon reconsideration, it shall submit the ordinance to a vote of the electors at a general district…
- § 16084 Unless otherwise provided in this division, petitions made pursuant to this article, in the matter of form, signatures, and preparation, and the proceedings…
ARTICLE 5. Other Officers §§ 16111–16116 · 6 sections
- § 16111 The officers of the district, other than the board of directors, are: (a) A clerk, who is also ex officio secretary of the board. (b) An accountant. (c) A…
- § 16112 The officers, other than the board of directors, shall be appointed by the board, hold office at its pleasure, and receive such compensation as is provided for…
- § 16113 When the district acquires, constructs, owns, or operates two or more public utilities, a general manager may be appointed and employed for each public utility.
- § 16114 Subject to such restrictions as the board may impose, the general manager shall have full charge and control of the construction of the works of the district…
- § 16115 The clerk shall countersign all contracts on behalf of the district. He shall give his full time during office hours to the affairs of the district. He is ex…
- § 16116 The accountant shall install and maintain a system of auditing and accounting which completely and at all times shows the financial condition of the district.…
ARTICLE 6. District Elections §§ 16151–16165 · 8 sections
- § 16151 The biennial election for the election of directors shall be held on the first Tuesday after the first Monday in November of odd-numbered years. This election…
- § 16152 Except as otherwise provided in this division, districts governed by this division are subject to the provisions of the Uniform District Election Law.
- § 16153 No person may vote at any district election unless he possesses all the requirements of an elector under the general laws and is a qualified elector residing…
- § 16160 If land is annexed to a district, the board shall reestablish the boundaries of the units and election precincts within the district not less than 90 days…
- § 16162 Whenever a special election is called pursuant to Articles 1 or 2 of Chapter 5 for the purpose of submitting to the electors a proposition, the board shall…
- § 16163 At the special election all propositions formulated pursuant to Articles 1 or 2 of Chapter 5 may be submitted to the electors of the district, but no question…
- § 16164 The ordinance calling the election shall set forth the following: (a) The purposes for which it is called. (b) The estimated cost of each utility or utility…
- § 16165 The election shall be held as provided for holding elections in the district.
ARTICLE 7. Employees §§ 16191–16196 · 6 sections
- § 16191 The maximum time of labor or service required of any laborer, workman, or mechanic employed upon any work of the district, whether employed directly by the…
- § 16192 The board shall fix the hours of labor or service required of all employees of the district, and their compensation, and shall employ all necessary employees…
- § 16193 The board shall classify all places of employment under the district and its offices and departments, with reference to the examinations provided by this…
- § 16194 The board shall make rules to effect a civil service system, and for examinations, appointments, promotions, and removals, and from time to time may make…
- § 16195 Examinations shall be practical, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the…
- § 16196 The manager, engineer, clerk, accountant, and treasurer shall not be included within the classified civil service of the district.
CHAPTER 4. Powers and Functions of Districts §§ 16401–16682 · 95 sections
ARTICLE 1. Corporate Powers §§ 16401–16409 · 8 sections
- § 16401 A district has perpetual succession.
- § 16402 Except as otherwise provided, a district may sue and be sued in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 16402.5 (a) Except as provided in subdivision (b), any judicial action or proceeding against a district that provides electric utility service, to attack, review, set…
- § 16403 A district may adopt a seal and alter it at pleasure.
- § 16404 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.
- § 16407 A district has the same powers with reference to improvement districts as are conferred upon irrigation districts by Division 11, Part 7 of the Water Code and…
- § 16408 Improvement districts also may be formed of land proposed to be annexed to the district, contingent upon the annexation being completed. The petition for…
- § 16409 For the purpose of obtaining and supplying water for domestic, irrigation, and fire protection purposes, a district may cooperate and contract with the United…
ARTICLE 2. Property §§ 16431–16432 · 2 sections
- § 16431 A district may take by grant, purchase, gift, devise, or lease, or otherwise acquire, hold and enjoy, and lease or dispose of, real and personal property of…
- § 16432 The legal title to all property acquired under this division vests immediately and by operation of law in the district, and is held by the district in trust,…
ARTICLE 3. Utility Works and Services §§ 16461–16489 · 38 sections
- § 16461 A district may acquire, construct, own, operate, control, or use, within or without or partly within and partly without the district, works for supplying its…
- § 16461.5 (a) The Shasta Dam Area Public Utility District may construct those public works necessary for the industrial and commercial development of any undeveloped…
- § 16461.10 A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of…
- § 16462 A district may also purchase any of such commodities or services from any other utility district, municipality, person, or private company, and distribute them.
- § 16463 A district may acquire, construct, own, complete, use, and operate a fire department, street lighting system, public parks, public playgrounds, golf courses,…
- § 16463.5 (a) A district may exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire…
- § 16464 A district may construct works across or along any street or public highway, or over any land which is the property of the state, and has the same rights and…
- § 16465 A district may construct its works across any stream of water or watercourse.
- § 16466 A district using a street or highway shall restore it to its former state as nearly as possible and shall not unnecessarily impair its usefulness.
- § 16467 Only revenue producing utilities shall be acquired, owned, or operated by a district. So far as possible the board shall fix such charges for commodities or…
- § 16467.1 Notwithstanding the provisions of Section 16467 of this code, fire departments, street lighting systems, public parks, public playgrounds, public swimming…
- § 16468 Charges fixed by the board for commodities or services furnished may be made payable in advance.
- § 16469 (a) Except as provided in subdivision (b), charges unpaid at the time specified for the fixing of the rate of taxes may be added to and become part of the…
- § 16470 Charges added to an assessment are a lien on the land, except that if, during the year preceding the date on which the first installment of real property taxes…
- § 16471 If the assessment is divided and made payable in two installments, the unpaid charges may be added to and become a part of the first installment of the…
- § 16472 When the board declares that charges are to be added to the annual assessment and the district is availing itself of assessments made by the assessor of any…
- § 16472.1 (a) Notwithstanding Sections 16469 to 16472, inclusive, and as an alternative to the procedures specified in those sections, a district may provide by…
- § 16472.5 (a) In order to enforce the provisions of any ordinance of the district, including an ordinance fixing charges for the furnishing of commodities or services,…
- § 16473 Whenever there is a surplus of available water, light, heat, or power above that which is required by the inhabitants or municipalities within the district,…
- § 16474 Whenever any of the facilities, works, or utilities of all or part of a district is not used or employed to its fullest capacity for the benefit or…
- § 16475 (a) A public utility district which acquires, constructs, owns, operates, controls or uses works for supplying its inhabitants with water, may, pursuant to the…
- § 16476.1 (a) The Tahoe City Public Utility District may acquire, construct, install, maintain, improve, or operate public walkways, paths, sidewalks, trails, and public…
- § 16477 Notwithstanding Section 16475, the Board of Directors of the Fallbrook Public Utility District may, pursuant to the notice, protest, and hearing procedures in…
- § 16478 The Board of Directors of the Tahoe City Public Utility District, the Board of Directors of the South Tahoe Public Utility District, and the Board of Directors…
- § 16479 If the Board of Directors of the Tahoe City Public Utility District or of the North Tahoe Public Utility District determines to use all or any portion of a…
- § 16480 (a) Every district furnishing light, heat, or power shall expend no funds for advertising when such advertising encourages increased consumption of such…
- § 16480.5 Whenever a business transaction of a public utility district furnishing electricity, gas, water service where the utility has 10,000 or more service…
- § 16481 (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)…
- § 16481.1 (a) If a district furnishes residential light, heat, water, or power to residential occupants through a master meter in a multiunit residential structure,…
- § 16481.6 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 furnishing…
- § 16482 (a) No district furnishing its inhabitants with light, water, power, heat, or means for the disposition of garbage, sewage, or refuse matter may terminate…
- § 16482.1 (a) A district furnishing light, heat, water, or power, or means for the disposition of garbage, sewage, or refuse matter, shall not terminate residential…
- § 16483 No electrical, gas, heat, or water public utility district shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause…
- § 16485 (a) A public utility district which acquires, constructs, owns, operates, controls or uses works for supplying its inhabitants with electricity, may fix and…
- § 16486 (a) In addition to all other powers, excepting telephone service, authorized by this division, the Kirkwood Meadows Public Utility District may acquire,…
- § 16487 Notwithstanding any other provision of law, the Kirkwood Meadows Public Utility District may issue bonds and incur indebtedness pursuant to the Improvement Act…
- § 16488 Every district shall comply with Section 8029.5.
- § 16489 The June Lake Public Utility District may exercise all of the powers of a mosquito abatement district or vector control district, as set forth in the Mosquito…
ARTICLE 5. Purchase of Supplies and Advertising § 16531 · 1 section
- § 16531 Except as otherwise provided, the board shall determine annually what goods, merchandise, stores, subsistence, materials, and other supplies will be needed by…
ARTICLE 6. Indebtedness and Financing §§ 16571–16580 · 9 sections
- § 16571 A district may borrow money and incur or assume indebtedness, and issue bonds or other evidences of indebtedness.
- § 16572 A district may refund or retire any of its existing or assumed indebtedness.
- § 16573 No district shall incur any funded indebtedness which in the aggregate exceeds 20 percent of the assessed valuation of all real and personal property situated…
- § 16574 The board of directors or other officers of the district may not incur any debt or liability, either by issuing bonds or otherwise, in excess of the express…
- § 16575 A district may issue bonds for the purpose of acquiring or constructing any waterworks necessary or proper for carrying out the objects and purposes of the…
- § 16576 Notwithstanding any provision of this division limiting the amount of indebtedness which may be incurred by it, in order to repair and replace structures and…
- § 16577 A district may refinance any indebtedness incurred pursuant to Section 16576 by borrowing from the United States or any of its agencies and issuing in…
- § 16578 A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions or loans from the United…
- § 16580 A district may contract with any state agency to finance any district improvement authorized by Section 16461 that is related to the provision of water for…
ARTICLE 7. Receipts, Accounts, and Audits §§ 16601–16614 · 14 sections
- § 16601 Receipts from the operation of a public utility shall be paid daily into the treasury of the district in a special fund set aside for such public utility.
- § 16602 The board may from time to time make appropriations from individual public utility funds for the following purposes: (a) The payment of operating expenses of…
- § 16603 Whenever a reserve fund exceeds one-half of the payment for operating expenses in the preceding fiscal year, the board may appropriate such excess to the…
- § 16604 The books of account of the district shall show all of the following: (a) The true and complete financial results of the ownership and operation of each public…
- § 16605 The accounts of the district shall be examined at least once a year by an expert accountant, who shall report to the directors the result of his examination.…
- § 16606 Every two years the board may, and upon petition of 15 percent of the electors of the district shall, employ a qualified expert who shall with all due…
- § 16607 The expense of employing an expert shall not exceed fifteen thousand dollars ($15,000) at any one time, to be paid out of the income and revenues of the…
- § 16608 Experts shall be selected by the Public Utilities Commission, and their names and addresses certified to the board of directors of the district. Several…
- § 16609 Whenever an expert is to be employed pursuant to Section 16606, at least four months before each biennial district election the board shall request in writing…
- § 16610 Within 10 days after receipt of a certification the board shall by resolution entered on its minutes employ the expert, or one of the experts selected and…
- § 16611 In his report the expert shall make such recommendations and suggestions as to him seem proper and required for the good of the district, the efficient and…
- § 16612 In his report the expert shall make such recommendations and suggestions as to: (a) The system of accounts kept, or in his judgment to be kept in connection…
- § 16613 The expert shall enter upon his duties at least 90 days before the next impending biennial district election, and shall complete his examination and file his…
- § 16614 The expert’s report shall be made in duplicate to the electors of the district. One copy shall be filed with the board in the office of the clerk of the…
ARTICLE 8. Taxation §§ 16641–16660 · 21 sections
- § 16641 A district may levy and collect, or cause to be levied and collected, taxes for the purpose of carrying on its operations and paying its obligations.
- § 16641.5 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…
- § 16642 Farm products and crops which are stored within the exterior boundaries of the district are not subject to taxation by the district.
- § 16643 The board shall annually levy and collect a tax sufficient (a) to pay the annual interest on bonds, (b) to pay such part of the principal as will fall due…
- § 16644 If from any cause the revenues of a district are inadequate to pay the principal or interest on any bonded debt as it becomes due, the board shall, or if funds…
- § 16645 The board shall state the purposes for which taxes are necessary, and shall fix by ordinance the amount of money necessary to be raised by taxation.
- § 16646 By ordinance, the provisions of which conform to general law, the board may provide the manner of assessing and of correcting and equalizing assessments upon…
- § 16647 The board may provide for the collection of delinquent taxes, penalties, interest, and costs by actions or legal proceedings brought, prosecuted, and…
- § 16648 The board may elect to avail itself of the assessments made by the assessors of the counties in which the district is situated, and may take such assessments…
- § 16649 An election pursuant to Section 16648 is effective with respect to all taxes levied and assessed after February 1 next succeeding the date upon which the…
- § 16650 Upon receipt of the certified copy filed pursuant to Section 16648 the county auditors shall, on or before the second Monday in August of each year, transmit…
- § 16651 If the board elects to avail itself of county assessments, it shall, before September 1st, fix the rate of taxes, designating the number of cents upon each one…
- § 16652 Immediately after fixing the rate of taxes the board shall transmit to the county auditors of the counties in which the district is situated a statement of the…
- § 16653 The county auditors shall compute and enter in the assessment rolls, the district tax on the property enumerated and assessed as being in the district, using…
- § 16654 Taxes levied pursuant to Sections 16648 to 16653, inclusive, shall be collected at the same time and in the same manner as county taxes. When collected, the…
- § 16655 Each county auditor and tax collector shall annually file with the board of supervisors of his county itemized statements showing the additional expense to his…
- § 16656 The boards of supervisors may provide extra help for their county offices or officers as in their judgment is necessary for the proper performance of their…
- § 16657 Whenever any real property situate in any district which has availed itself of county assessments has been sold for taxes and has been redeemed, the money paid…
- § 16658 District taxes are a lien on the property on which they are levied, except that if, during the year preceding the date on which the first installment of real…
- § 16659 Where a district has not availed itself of county assessments, delinquent property sold by the tax collector of the district for delinquent taxes shall be…
- § 16660 Notwithstanding any provision of this chapter to the contrary, in the case of a sale of property for taxes or assessments, except where the sale is conducted…
ARTICLE 9. Payment of Claims Against Districts §§ 16681–16682 · 2 sections
CHAPTER 5. Acquisition of Works §§ 16801–16885 · 37 sections
ARTICLE 1. Petition to Acquire Works §§ 16801–16817 · 17 sections
- § 16801 As used in this chapter “acquisition of public utility works” includes construction, completion, or acquisition of public utilities or public utility works.
- § 16802 Whenever any petition signed by electors of the district equal in number to 15 percent of all votes cast within the district at the last preceding general…
- § 16803 Upon receiving a petition certified to contain the required number of signatures, the board shall formulate for submission to the electors of the district at a…
- § 16804 In the formulation of a proposition the board shall procure plans and estimates of the cost of original construction and completion by the district of the…
- § 16805 In securing estimates of the cost of original construction and completion of water works by the district, the board shall procure and place on file plans and…
- § 16806 Before submitting propositions to the electors for the acquisition of any public utility works, the board shall solicit and consider offers for the sale to the…
- § 16807 The board may apply to the Public Utilities Commission to ascertain the value of existing utility works for the purpose of submitting to the electors estimates…
- § 16808 Upon application by the board the commission without delay shall make a valuation in accordance with Chapter 8, Part 1 of Division 1 of this code.
- § 16809 When the commission has made and filed its findings and decision, the board may have the findings reviewed in accordance with Chapter 8, Part 1 of Division 1,…
- § 16810 Upon the filing of plans and estimates the board shall determine whether the cost of the public utility works proposed for acquisition can be paid from…
- § 16811 When the cost of any public utility works named in a petition can be paid out of the revenues of the district derived from the operation of its public…
- § 16812 If the cost of any public utility works named in a petition so far exceeds the revenues of the district derived from the operation of its public utilities, in…
- § 16813 At the next regular meeting after formulation of a proposition for the acquisition of the public utility works, the board by ordinance shall submit the…
- § 16814 All propositions formulated pursuant to Section 16803 shall be submitted within six months after filing of the petitions, unless more time is required for…
- § 16815 The affirmative vote of a majority of the electors voting upon the proposition is necessary to accept a proposition submitted under Section 16811.
- § 16816 The affirmative vote of at least two-thirds of the electors voting upon the proposition is necessary to approve a proposition submitted under Section 16812 and…
- § 16817 At as early a date after determination of the election result as the board deems is for the best interests of the district, it shall undertake proceedings and…
ARTICLE 2. Resolution to Acquire Works §§ 16841–16846 · 6 sections
- § 16841 Whenever the board determines that the public interest or necessity of the district demands the acquisition of any public utility works, it shall specifically…
- § 16842 The board shall procure plans and estimates and negotiate for offers for the sale to the district of existing public utility works in the same manner as…
- § 16843 When the cost of the public utility works can be paid out of the revenues of the district derived from the operation of its public utilities, in addition to…
- § 16844 The ordinance shall be published pursuant to Section 6066 of the Government Code in some newspaper of general circulation printed and published in the district…
- § 16845 If the cost of the public utility works so far exceeds the revenues of the district derived from the operation of its public utilities, in addition to the…
- § 16846 Propositions submitted pursuant to Section 16845 shall specify the amount of bonded indebtedness necessary for the acquisition of the public utility works, the…
ARTICLE 3. Joint Acquisition and Use of Sewage Facilities and Water Works §§ 16871–16885 · 14 sections
- § 16871 As used in this article, “public agency” includes the Federal Government or any of its branches, and any county, city, district, or other public corporation.
- § 16872 As used in this article, “sewage disposal facilities” includes sewers or other works or facilities for the handling, treatment, or disposal of sewage.
- § 16873 A district may contract with any public agency or with any person, firm, or corporation, for the joint acquisition, construction, or use of any sewage disposal…
- § 16874 A contract may provide for the construction and maintenance of sewage disposal facilities, and for the payment by or for the parties to the contract of such…
- § 16875 A contract may provide for the joint use of any sewage disposal facilities upon such terms and conditions as may be agreed upon by the parties to the contract,…
- § 16876 A district which has acquired or constructed or which proposes to acquire or construct any sewage disposal facilities, may contract with any public agency or…
- § 16878 Sections 16873 to 16876, inclusive, shall be liberally construed to the end that sewer systems may be planned for areas requiring sewers, which may not all be…
- § 16879 Any contract or agreement made under Sections 16873 to 16876, inclusive, is not subject to the limitations of Section 16474.
- § 16880 A district may contract with any public agency or with any person, firm, or corporation for the joint acquisition or construction or use of any water works or…
- § 16881 A contract may provide for the construction and maintenance of water works or other facilities and for the payment by or for the parties to the contract of…
- § 16882 A contract may provide for the joint use of any water works or other facilities upon such terms and conditions as may be agreed upon by the parties to the…
- § 16883 A district which has acquired or constructed or which proposes to acquire or construct any water works or other facilities for supplying water to the district…
- § 16884 No agreement under Sections 16880 to 16883, inclusive, shall run for a longer period than 30 years; provided that in case bonds are issued to finance such…
- § 16885 Sections 16880 to 16884, inclusive, shall be liberally construed to the end that water works and systems may be planned by public utility districts for areas…
CHAPTER 6. Bonds §§ 17001–17009 · 9 sections
- § 17001 District bonds shall be of such form and shall be redeemed at such times and in such amounts as the board may from time to time prescribe. However, the…
- § 17002 The bonds are payable, principal and interest, in lawful money of the United States.
- § 17003 The interest on the bonds, other than bonds for sewage works, shall not exceed 8 percent a year. The interest on bonds for sewage works shall not exceed 8…
- § 17004 The bonds shall be issued in such denomination or denominations as the board may prescribe and may be sold by the board at such times and in such manner as it…
- § 17005 District bonds have the same force, value, and use as bonds issued by a municipality.
- § 17006 The proceeds from the sale of bonds shall be placed in the treasury to the credit of the proper fund, and shall be applied exclusively to the purposes and…
- § 17007 The bonds shall be signed by the president of the board and countersigned by the clerk, and shall have the seal of the district attached. The coupons shall be…
- § 17008 Notwithstanding the fact that an officer whose signature, countersignature, or attestation appears on any bonds or coupons thereof ceases to be such officer…
- § 17009 In determining the amount of bonds to be issued, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the…
CHAPTER 6.5. Adoption of Improvement Acts §§ 17010–17013 · 4 sections
- § 17010 Whenever, in the opinion of the board, the public interest or convenience may require, it may order to be done in, under, or upon the whole or any portion of…
- § 17011 In the application of said acts to proceedings under this section the terms used in said acts shall have the following meanings: (a) “City council” and…
- § 17012 The powers and duties conferred by said acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the board, officers, and…
- § 17013 The improvements authorized to be constructed or acquired by this chapter are restricted to those permitted to be constructed or acquired pursuant to this…
CHAPTER 7. Validating Proceedings § 17101 · 1 section
- § 17101 An action to determine the validity of bonds or indebtedness, authorized for the acquisition, construction, or completion of any public utility or public…
CHAPTER 8. Annexation §§ 17301–17381 · 26 sections
ARTICLE 1. Annexation of Unincorporated Territory §§ 17301–17302 · 2 sections
- § 17301 Unincorporated territory contiguous or noncontiguous to a district may be annexed to the district in the manner provided in the District Reorganization Act of…
- § 17302 Any district in the Lake Tahoe Basin which is able to provide to incorporated territory contiguous to such district a sewer system and treatment facilities…
ARTICLE 2. Annexation of Noncontiguous Territory §§ 17360–17381 · 24 sections
- § 17360 As used in this article, “petitioning district” means any public utility district, water district, or irrigation district containing land which is to be…
- § 17361 As used in this article, “annexing district” means any public utility district to which land is to be annexed.
- § 17362 Land not a part of and not contiguous to any district, containing at least 10 privately owned acres, and lying within the exterior boundaries of any…
- § 17363 The board of directors or other governing body of the petitioning district may request by petition that lands lying within its boundaries and described in the…
- § 17364 The petition shall be addressed to the board of directors of the annexing district and filed with the secretary of the annexing district.
- § 17365 The execution and filing of the petition by the petitioning district shall be authorized by resolution of its board of directors and a certified copy of the…
- § 17366 If the board of directors of the annexing district determines that the annexation of the territory will facilitate the acquisition, construction, completion,…
- § 17367 In the terms and conditions, the board may provide for any of the following: (a) That the territory to be annexed shall not become liable by assessment or…
- § 17368 The terms and conditions may also provide for any of the following: (a) That any and all property, services, or commodities may be delivered directly to the…
- § 17369 The terms and conditions shall become effective and binding upon the annexing district and upon the territory to be annexed and the petitioning district when…
- § 17370 The resolution of the board of directors of the annexing district shall describe the territory proposed to be annexed and set forth the terms and conditions at…
- § 17370.1 After the board of directors of the annexing district shall have adopted a resolution declaring its intention of approving an annexation the secretary of such…
- § 17370.2 After said resolution has been filed with the executive officer, proceedings thereon shall be taken by the local agency formation commission in the manner and…
- § 17371 After receipt of the resolution of the local agency formation commission making determinations, the board of directors of the annexing district shall cause…
- § 17372 The time fixed for hearing shall not be less than 20 days nor more than 60 days after the date of the first publication of the resolution, and the notice and…
- § 17373 At the hearing or any continuance thereof, the board of directors of the annexing district shall hear all relevant evidence and shall determine whether the…
- § 17374 At the hearing or any prior time, any person interested may file with the board of directors of the annexing district a written protest to the proposed…
- § 17375 If written protests are filed by the owners of taxable property in the territory proposed to be annexed, the board of directors shall refer the protests to the…
- § 17376 If the board of supervisors finds and determines at the hearing that the property described in the protests will not be substantially benefited by annexation…
- § 17377 Any person who is interested in any land located within the annexing district or the territory to be annexed and who does not file a written protest is deemed…
- § 17378 After the hearing, the board of directors of the annexing district may adopt a resolution ordering and approving the annexation.
- § 17379 The annexing board shall by resolution describe the territory ordered to be annexed, and set forth the boundaries of the district as they will exist after the…
- § 17380 After adoption of the resolution ordering the annexation, the secretary of the annexing district shall make the filings provided for in Chapter 8 (commencing…
- § 17381 The inclusion in, or annexation or addition to, a public utility district of the corporate area of any public corporation or public agency shall not destroy…
CHAPTER 9. Exclusion of Territory § 17501 · 1 section
- § 17501 Any territory within a district which is not benefited in any manner by the district or its continued inclusion therein may be excluded from the district by…
CHAPTER 11. Zones in Districts in Lake Tahoe Basin §§ 18050–18055 · 5 sections
- § 18050 Notwithstanding any other provision of law, any public utility district in the Lake Tahoe Basin which has provided or undertaken to provide a sewer system and…
- § 18051 (a) The zones authorized by this chapter shall be formed in the same manner as assessment districts are formed pursuant to the Municipal Improvement Act of…
- § 18052 Bonds of a zone formed pursuant to this chapter shall be issued in the amount of the costs of the improvements of the zone, notwithstanding Section 16573,…
- § 18054 The board shall annually, at the time of levying taxes for general district purposes, fix a rate of ad valorem tax upon the taxable real property in the zone…
- § 18055 The Legislature hereby finds and declares that special facts exist with respect to public utility districts in the Lake Tahoe Basin which require the enactment…