CHAPTER 4. Powers and Functions of Districts [16401. - 16682.]
Chapter 4 added by Stats. 1953, Ch. 72.
§§ 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