PART 7. IMPROVEMENT DISTRICTS IN IRRIGATION DISTRICTS [23600. - 24103.]

Part 7 added by Stats. 1943, Ch. 372.

§§ 23600–24103 · 105 sections

CHAPTER 1. Formation §§ 23600–23674 · 30 sections
1. ARTICLE 1. Petition for Formation §§ 23600–23608 · 9 sections
  - § 23600 Land which need not be contiguous may be formed into an improvement district for one or more of the following: (a) Irrigation or domestic water service by a…
  - § 23601 As used in connection with improvement districts: (a) “Improvement” includes acquisition of existing works, construction of new works, and change of existing…
  - § 23602 The formation of an improvement district may be proposed and the petition therefor shall be signed by two-thirds or more in number of the holders of title to…
  - § 23603 A petition for the formation of an improvement district shall contain all of the following: (a) Statement of the plans of the proposed improvement. (b)…
  - § 23604 The petition, all proceedings in reference to it, the improvement district, and the land in it shall be designated by a number.
  - § 23605 The petition may consist of any number of separate instruments, which shall be duplicates except as to signatures.
  - § 23606 A petition to form an improvement district shall be filed with the secretary in the office of the district and may be inspected by all persons interested.
  - § 23607 Notwithstanding Section 23602, or any other provision of law to the contrary, in the Palmdale Irrigation District the formation of an improvement district may…
  - § 23608 Notwithstanding Section 23602, or any other provision of law to the contrary, in the Littlerock Creek Irrigation District the formation of an improvement…
2. ARTICLE 2. Plans and Estimate of Assessment §§ 23625–23627 · 3 sections
  - § 23625 Upon receipt of a petition to form an improvement district the board shall cause a survey to be made of the proposed improvements, if any.
  - § 23626 If the survey shows that the improvements are feasible, the board shall cause to be prepared the following: (a) Plans and specifications of the improvements…
  - § 23627 If there are any, the plans and specifications, estimate of cost, and the statement of the proposed assessment shall be filed with the secretary in the office…
3. ARTICLE 3. Hearing on Formation §§ 23645–23651 · 7 sections
  - § 23645 After the filing of the formation petition, and if any, the plans and specifications, the estimate of cost, and statement of the proposed assessment, the board…
  - § 23646 Notice of the hearing shall be given by all of the following: (a) Posting a notice in three public places within the proposed improvement district. (b)…
  - § 23647 At the hearing the board shall hear any objections coming before it to any of the following: (a) The petition. (b) The formation of the improvement district.…
  - § 23648 At the hearing the board shall make any changes in reference to the matters set forth in Section 23647 as it considers proper. The board may exclude any part…
  - § 23649 If any additional land is included in the proposed improvement district, the hearing shall be continued and the owners of the added land given personal notice…
  - § 23650 Any of the following conditions specified in the plans and specifications of any improvement district heretofore or hereafter formed imposed upon the…
  - § 23651 All such tolls, connection charges, and additional assessments shall be held and applied upon and reduce the last call or calls of the improvement district…
4. ARTICLE 4. Formation and Assessment §§ 23665–23674 · 11 sections
  - § 23665 Regardless of any findings made by the board if more than one-third in number of the holders of title to land within a proposed improvement district object at…
  - § 23666 If at the hearing the board finds that it would not be for the best interests of the district and the proposed improvement district to form the improvement…
  - § 23667 If the board finds that it would be for the best interests of the district and the proposed improvement district to form the improvement district, it shall…
  - § 23668 The order shall contain a description of the land in the improvement district.
  - § 23669 Any assessment levied pursuant to Section 23667 shall include both of the following sums: (a) An amount equal to interest on any deferred payments at a rate…
  - § 23670 Except as provided in Section 23670.1, the assessment may be made payable in not more than 10 annual installments.
  - § 23670.1 Upon approval by two-thirds of the board, the assessment may be made payable in not more than 20 annual installments.
  - § 23671 The secretary shall cause a certified copy of the order creating the improvement district to be recorded in the office of the county recorder in each county in…
  - § 23672 The assessment and each installment of it shall be and remain a lien on the land in the improvement district in the same manner as and be a part of the annual…
  - § 23673 Upon a change or resubdivision upon the assessment book of the district of any parcel of land in an improvement district, the board upon its own initiative or…
  - § 23674 If the actual cost of the improvements is substantially less than the estimated cost the assessment may be reduced proportionately on each parcel by…
CHAPTER 2. Alternative Procedure for Formation §§ 23750–23776 · 11 sections
1. ARTICLE 1. Proposal by Board §§ 23750–23753 · 4 sections
  - § 23750 This chapter provides an alternative procedure for forming an improvement district within a district for the purpose of the construction of improvements in it,…
  - § 23751 Unless otherwise expressly provided the formation proceedings provided by this chapter shall be conducted in accordance with the provisions of the next…
  - § 23752 No petition is required for the formation of an improvement district pursuant to this chapter.
  - § 23753 The board may by resolution cause a survey of the proposed improvement to be made, which survey shall include each of the following: (a) Detailed plans and…
2. ARTICLE 2. Hearing and Formation §§ 23770–23776 · 7 sections
  - § 23770 If the cost of the improvements does not require a special assessment in excess of a total of fifty dollars ($50) per acre over an area to be improved not in…
  - § 23771 The board shall give notice of the time and place of the formation hearing in the same manner as provided for the giving of notice for the hearing of a…
  - § 23772 Owners of the property proposed to be included within the improvement district may be heard either in opposition to or in support of the formation of the…
  - § 23773 Proceedings at the hearing shall be the same as provided for at a hearing upon the formation petition pursuant to Chapter 1 of this part.
  - § 23774 Upon the conclusion of the hearing to form an improvement district an order shall be made by the board either dismissing the proceedings or ordering the…
  - § 23775 If a formation order is made pursuant to this chapter, the land formed into the improvement district shall, for a period not to exceed five years, be assessed…
  - § 23776 Assessments in an improvement district formed pursuant to this chapter shall be levied, collected, and enforced at the same time and in the same manner as…
CHAPTER 2A. Revenue Improvement Districts §§ 23800–23811 · 12 sections
- § 23800 As used in this chapter and in other chapters when applied to an improvement district or proposed improvement district formed or to be formed under this…
- § 23801 Unless otherwise expressly provided in this chapter the provisions of all sections of Part 7 of this division shall be applicable to an improvement district…
- § 23802 Land may be formed into an improvement district for one or more of the purposes provided for in Chapter 1 of this part.
- § 23803 The formation of an improvement district under this chapter may be proposed and the petition therefor shall be signed by two-thirds or more in number of the…
- § 23804 Land, in the proposed improvement district, located outside the district shall be described in the petition by each owner, which shall be according to the next…
- § 23805 No assessment shall be levied in the improvement district and no statement thereof prepared, but in lieu thereof the cost of the improvement and the…
- § 23806 The notice provided for in Section 23645 shall also state that the hearing is called to determine the allocation of revenue to pay the costs of the proposed…
- § 23807 Regardless of any findings made by the board if more than one-third in number of the holders of title to land, in the proposed improvement district, located…
- § 23808 Until the payment or retirement of the warrants for the benefit of which an allocation was made, the allocation shall be irrevocable and the revenue allocated…
- § 23809 Before April 1st of each year after the warrants are issued the board shall fix charges for the use of water in the improvement district sufficient, when added…
- § 23810 Except as provided in Section 23811, the improvement district warrants shall be made payable over not to exceed a period of 10 years and shall specify a rate…
- § 23811 Upon approval by two-thirds of the board, the improvement district warrants shall be made payable over not to exceed a period of 20 years and shall specify a…
CHAPTER 3. Further Assessments and Inclusion §§ 23850–23879 · 8 sections
1. ARTICLE 1. Supplemental Assessments §§ 23850–23851 · 2 sections
  - § 23850 If the assessments levied upon land in an improvement district are insufficient to pay the cost of improvements or the warrants issued for the improvements, a…
  - § 23851 The procedure followed in making the supplemental levy shall be substantially the same as for making the original levy, except that no petition is required.
2. ARTICLE 2. Assessment for New Purposes § 23865 · 1 section
  - § 23865 Whenever it is desired to do additional work or acquire additional property in or for an improvement district, upon the petition of two-thirds in number of the…
3. ARTICLE 3. Inclusion of Land §§ 23875–23879 · 5 sections
  - § 23875 If at any time it is desired to include additional land in an improvement district, a petition for inclusion signed by the holders of title to the land to be…
  - § 23876 The inclusion petition shall describe the land in the improvement district as enlarged by the proposed inclusions and give the names and addresses of the…
  - § 23877 The same proceedings shall be had on the improvement district inclusion petition as upon the original petition for the formation of an improvement district.
  - § 23878 The board may prescribe any conditions upon the inclusion of the land that it deems just.
  - § 23879 If any conditions not contained in the petition for inclusion are prescribed by the board the lands shall not be included until two-thirds in number of the…
CHAPTER 3.5. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor §§ 23900–23917 · 18 sections
- § 23900 This chapter provides an alternative method for the formation of improvement districts for the purpose of cooperating and contracting with the United States…
- § 23901 Improvement districts consisting of a portion of the territory of a district may be formed within a district and, notwithstanding any other provision in this…
- § 23902 Bonds of a district for an improvement district may be issued for either the purpose of cooperating and contracting with the United States pursuant to the…
- § 23903 Whenever the board is of the opinion that an improvement district should be formed for the purpose set forth in this chapter, the board shall adopt a…
- § 23904 Notice of the hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in each affected…
- § 23905 At the time and place so fixed, or at any time or place to which the hearing is continued, the board shall hold the hearing provided for by the resolution of…
- § 23906 At the hearing the board may adopt a resolution proposing modifications relating to any or all of the following: (a) a modification of the boundaries of the…
- § 23907 The board shall not order any modifications except after publication of the resolution proposing such modifications once in the same newspaper in which the…
- § 23908 The hearing on any proposed modifications, or any continuance thereof, may be held at the same time and place as any continued hearing on the resolution of…
- § 23909 At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the board may by resolution order the…
- § 23910 After adopting the resolution ordering the improvement district formed, the board may provide for and call a special bond election within such improvement…
- § 23911 Except as otherwise provided in this chapter, special bond elections within an improvement district shall be called, noticed, held, conducted and the results…
- § 23912 If two-thirds of the votes cast upon the proposition at a special bond election held in an improvement district are in favor of the issuance of the bonds of…
- § 23913 Bonds of the district for the improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as general…
- § 23914 Except to the extent that provision has otherwise been made by the board, as may be permitted by law, for the payment of the principal of and interest upon…
- § 23915 In addition to the charges authorized to be fixed and collected pursuant to Article 3 (commencing with Section 22280) Chapter 2, Part 5 of this division, the…
- § 23916 Except as otherwise provided in this chapter, the provisions of this division applicable to general obligation bonds of the district and assessments therefor…
- § 23917 The treasurer shall establish a separate fund for general obligation bonds of the district for each improvement district to which shall be apportioned money…
CHAPTER 4. Functioning of Improvement Districts §§ 23950–24021 · 21 sections
1. ARTICLE 1. Improvement District Management §§ 23950–23956 · 7 sections
  - § 23950 In a district containing an improvement district the board and all of the officers of the district each respectively has all the rights, powers, and privileges…
  - § 23951 The board may also hold property used or acquired in connection with the improvement in the name of the directors and their successors in office as trustees…
  - § 23952 The board of a district in which an improvement district exists may allow on terms that may be agreed upon any person to carry water through any conduit for…
  - § 23953 The work of improvement provided for in this part and the purchase of all supplies, material, and equipment therefor shall be performed by the district, or in…
  - § 23954 The board of the district may in lieu in whole or in part of levying assessments for the operation of improvement district works fix and collect charges for…
  - § 23955 The board of the district may, provide for the maintenance and operation of the works of an improvement district from the funds of the irrigation district, in…
  - § 23956 Notwithstanding any other provision of this code, the board of a district in which an improvement district exists may establish facilities use charges for the…
2. ARTICLE 2. Improvement District Warrants §§ 23975–23981 · 7 sections
  - § 23975 A district may issue improvement district warrants signed by its president and secretary in face amount not exceeding in the aggregate the cost of the…
  - § 23976 Improvement district warrants shall be made payable in amounts and at the times corresponding substantially to the amounts and times of payment of the…
  - § 23977 Improvement district warrants shall bear interest at the rate fixed at the time of the levy of the improvement district assessment, and the interest may be…
  - § 23978 Coupons for the interest on these warrants may be attached to them.
  - § 23979 Improvement district warrants may be made payable to any of the following: (a) Bearer. (b) Persons furnishing work, labor, or material. (c) The contractor if…
  - § 23980 Improvement district warrants may be sold by the district for not less than par at either public or private sale.
  - § 23981 Any surplus funds and any money held by a district in a sinking or depreciation fund may in the discretion of its board be invested in the warrants of any…
3. ARTICLE 3. Advance Payment of Assessments §§ 24000–24004 · 5 sections
  - § 24000 At any time before improvement district warrants are issued, the amount of any improvement district assessment on any land, exclusive of interest and the 10…
  - § 24001 Land on which the amount of the improvement district assessment has been paid pursuant to Section 24000 shall not be subject to the annual installments of the…
  - § 24002 Any landowner of an improvement district who desires at any time to lessen or remove the lien upon his land of any improvement district assessment may deliver…
  - § 24003 Land upon which the assessment for improvement district warrants, including any interest, or for any other obligation payable out of the assessment, has been…
  - § 24004 The treasurer shall inform the landowner or any authorized person proposing to lessen or remove the lien of an improvement district assessment upon a piece of…
4. ARTICLE 4. Actions and Proceedings §§ 24020–24021 · 2 sections
  - § 24020 All acts, proceedings, conclusions, and findings of fact, including the levy of an assessment, by a board of a district concerning an improvement district…
  - § 24021 An action to determine the validity of an assessment or of warrants may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of…
CHAPTER 5. Dissolution of Improvement Districts §§ 24100–24103 · 5 sections
- § 24100 At any time prior to the incurring of any indebtedness or upon the full payment of all indebtedness of an improvement district, the board may by resolution set…
- § 24101 A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of an improvement district.
- § 24102 The board may, after the hearing, order the improvement district dissolved.
- § 24102.5 In any case in which the board has by resolution determined that all indebtedness of the improvement district has been paid and the improvement for which the…
- § 24103 The order of dissolution shall be recorded in the same manner as the order forming the improvement district.