PART 6. FINANCIAL PROVISIONS [35900. - 36458.1.]

Part 6 added by Stats. 1951, Ch. 390.

§§ 35900–36458.1 · 221 sections

1. CHAPTER 1. Funds and Warrants §§ 35900–35912 · 14 sections

   • § 35900 The treasurer shall receive to the credit of the district and in trust for its use and benefit all the money belonging to the district.
   • § 35901 All money belonging to the district, or to which the district is entitled, shall, when received, be paid by the person receiving it to the treasurer.
   • § 35902 The treasurer shall establish for the district a general obligation bond fund and a general fund and shall apportion the district money to the funds as…
   • § 35903 The money placed in the general obligation bond fund shall be used for the payment of bonds and of the interest thereon and until the total bonded indebtedness…
   • § 35903.5 (a) Notwithstanding the provisions of Section 35903, any amount in the general obligation bond fund in excess of the amount needed to pay principal and…
   • § 35904 Any money belonging to a district may be deposited by the treasurer pursuant to the general laws governing the deposit of public money.
   • § 35905 Where the deposit of money is insured by the Federal Deposit Insurance Corporation no additional security need be required from the bank for the portion of the…
   • § 35906 Except for the payment of bonds and the interest thereon district money shall not be paid out by the treasurer unless a warrant therefor has been drawn and…
   • § 35907 Warrants are contracts in writing for the payment of money and an action based on warrants payable on demand shall be commenced within four years from the date…
   • § 35908 In any proceeding for a writ of mandate to compel the board to issue a warrant, the court shall proceed as in other civil actions and shall cause a writ to…
   • § 35909 The board of directors may provide for a bond reserve fund for the purpose of payment of the principal of or interest on bonds of the district as the same…
   • § 35910 All or any portion of a bond reserve fund may be established out of the proceeds of the sale of said bonds. In such case the estimate referred to in Section…
   • § 35911 The resolution providing for the issuance of bonds may provide for a bond reserve fund to be established, in whole or in part, from water charges or annual…
   • § 35912 Notwithstanding any other provision of law, the Irvine Ranch Water District may invest or reinvest its capital facilities replacement funds in real estate and…
2. CHAPTER 2. Provisions Relating to All Bonds §§ 35950–36064 · 23 sections

   1. ARTICLE 1. Bond Issuance §§ 35950–35954 · 10 sections

      • § 35950 The board shall, as soon after the formation of the district as is practicable, prepare and adopt a plan of works and estimate the amount of money it is…
      • § 35950.1 After the board has adopted a plan of works it may thereafter by resolution change or supplement the plan if it determines that the works described in the plan…
      • § 35950.2 If the board determines to adopt a plan of works, or that it is necessary to change or supplement a plan of works previously adopted for a district or an…
      • § 35950.3 Notice of said hearing shall be given by publishing a copy of the resolution provided for in Section 35950.2 in a newspaper of general circulation published in…
      • § 35950.4 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 at…
      • § 35950.5 If the issuance of bonds has been authorized previously by the district or by the district for an improvement district and the change or supplement to the plan…
      • § 35950.7 Any bonds authorized to accomplish the amended plan of the district or improvement district shall be issued and sold in the same manner and upon the same terms…
      • § 35951 Bonds may be issued for the purposes of acquiring or constructing works for irrigation, domestic, municipal, and industrial water supply, acquiring the…
      • § 35953 When the treasurer receives the bonds from the board, he shall place them to the credit of the district and keep a record of the bonds, the payment thereof,…
      • § 35954 A district may, when necessary or proper, issue additional bonds in the same manner as provided for the original issue for any one or more of the following…
   2. ARTICLE 2. Lien of Bonds § 35975 · 1 section

      • § 35975 Unless otherwise provided in the proceedings for the issuance of the bonds, they and the interest on them shall be paid from an annual assessment upon land or…
   3. ARTICLE 3. Sale and Exchange of Bonds §§ 35995–35998.1 · 5 sections

      • § 35995 The board shall provide ways and means for the sale of bonds.
      • § 35996 (a) The bonds, or any part thereof, may be issued and sold as the board determines. (b) Before selling the bonds, or any part thereof, the board may give…
      • § 35997 Except as otherwise provided in Section 36170, a district shall not sell or exchange any of its bonds for less than par value plus the accrued interest thereon.
      • § 35998 When any bonds are sold by the district, the treasurer shall deliver the bonds purchased to the purchaser upon receiving the purchase price of said bonds plus…
      • § 35998.1 The accrued interest and premium, if any, shall be placed in the general obligation bond fund. The purchase price of said bonds shall be placed in the proper…
   4. ARTICLE 5. Validating Proceedings § 36050 · 1 section

      • § 36050 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
   5. ARTICLE 6. Refunding Bonds §§ 36060–36064 · 6 sections

      • § 36060 This article applies only to the Irvine Ranch, Moulton-Niguel, Rancho California, and Santa Margarita Water Districts. “District” as used in this article means…
      • § 36061 A district may, when necessary or proper, issue additional bonds in the same manner as provided for the original issue for any one or more of the following…
      • § 36062 A district may bring an action pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure or pursuant to Chapter…
      • § 36063 (a) Whenever the board of directors determines that prudent management of the fiscal affairs of the district so requires, it may refund by defeasing or calling…
      • § 36063.5 (a) The following terms shall have the following meanings for purposes of this section: (1) “Bond counsel” means any attorney or firm of attorneys that…
      • § 36064 Bonds may be refunded by defeasance or call for redemption, subject to all of the following requirements: (a) Notwithstanding Sections 53557 and 53585 of the…
3. CHAPTER 3. Provisions Relating to General Obligation Bonds Only §§ 36150–36215 · 25 sections

   1. ARTICLE 1. Bond Issuance §§ 36150–36153 · 2 sections

      • § 36150 If a general obligation bond issue is contemplated, there shall be included in the estimate required by Section 35950 every expense of the district that it is…
      • § 36153 In addition to any and all other provisions of this division and any other applicable laws for the issuance of general obligation bonds by a district, general…
   2. ARTICLE 2. Sale and Exchange of Bonds §§ 36170–36172 · 3 sections

      • § 36170 The board may order general obligation bonds sold at not less than 90 percent of par value when the board deems it for the best interest of the district to do…
      • § 36171 General obligation bonds may be exchanged dollar for dollar for bonds of the State.
      • § 36172 Bonds of the State that may be received for general obligation bonds shall be placed to the credit of the district to be sold as the board may direct, for not…
   3. ARTICLE 3. Miscellaneous Provisions §§ 36190–36202 · 13 sections

      • § 36190 General obligation bonds shall be in such form as may be prescribed by the board.
      • § 36191 General obligation bonds shall be payable in lawful money of the United States.
      • § 36192 Each issue or series of an issue of general obligation bonds shall be numbered consecutively, and the bonds of each issue or series of an issue shall be…
      • § 36193 General obligation bonds shall be signed by the president and attested by the secretary.
      • § 36194 General obligation bonds shall be of such denomination or denominations as the board may prescribe.
      • § 36195 General obligation bonds shall be payable at such time or times and place or places as may be designated by the board, but in no case shall the maturity of any…
      • § 36196 Each general obligation bond shall be made payable at a given time for its full face value and not for a percentage thereof.
      • § 36197 A general obligation bond shall be payable when due upon presentation and surrender thereof to the treasurer by the holder.
      • § 36198 General obligation bonds shall bear interest at a rate not in excess of 8 percent per annum payable annually or semiannually as may be prescribed by the board.
      • § 36199 The interest on general obligation bonds shall be payable at such place or places as may be prescribed by the board upon the presentation and surrender of the…
      • § 36200 The interest coupons shall be in such form as may be prescribed by the board.
      • § 36201 Coupons for each installment of interest shall be attached to the bonds, numbered the same as the bonds, and signed by the secretary.
      • § 36202 All the signatures on the bond or coupons may be printed, lithographed or otherwise mechanically reproduced, except that one of the signatures on the bond…
   4. ARTICLE 4. Destruction and Redemption of Bonds §§ 36210–36215 · 7 sections

      • § 36210 Whenever a district has any of its unsold general obligation bonds which it is not necessary to sell for the purpose of raising funds, the board may, at a…
      • § 36211 The notice of the election at which general obligation bonds are proposed to be destroyed shall specify, in addition to the requirements provided in Section…
      • § 36212 If at the time the vote cast at the election is canvassed a two-thirds majority of the votes cast upon the proposition favors the destruction of the unsold…
      • § 36213 The amount of the general obligation bonds destroyed shall be deducted from the total amount authorized to be issued and no part of the bonds destroyed shall…
      • § 36213.1 If the unsold general obligation bonds shall not have been printed, the election provided for in this article shall be called and held to determine whether the…
      • § 36214 Whenever the funds of the district are in excess of the amount necessary to complete the construction of the irrigation works or to acquire the property and…
      • § 36215 The provisions of Sections 36303, 36304, 36305 and 36348 shall also be applicable to general obligation bonds.
4. CHAPTER 3.5. Alternate Provisions for the Issuance of General Obligation Bonds §§ 36250–36262 · 13 sections

   1. ARTICLE 1. General § 36250 · 1 section

      • § 36250 The provisions of this chapter are in addition to any and all other provisions of this division, the California Water District Law, and any other applicable…
   2. ARTICLE 2. Authorization of Bonds and Issuance §§ 36251–36262 · 12 sections

      • § 36251 In the event the board determines to provide for the issuance of general obligation bonds under the provisions of this chapter, it shall prepare and adopt a…
      • § 36252 Bonds may be issued for the purposes of acquiring or constructing works for irrigation, domestic, municipal and industrial water supply and to furnish…
      • § 36253 Subsequent to the receipt of the plan of works provided for in Section 36251, the board may approve or modify the proposed plan of works, and thereafter by the…
      • § 36254 Notice of such hearing shall be given by publishing a copy of the resolution provided for in Section 36253 in a newspaper of general circulation, published in…
      • § 36255 At any time not later than the hour set for hearing objections to the proposed plan of works and the issuance of general obligation bonds therefor, any owner…
      • § 36256 At the time set for hearing protests, the board shall hear and pass upon all protests made as provided for in Section 36254 and its decision shall be final and…
      • § 36257 If a majority written protest is made pursuant to Section 36255 against the plan of works, the proposed issuance of general obligation bonds therefor or the…
      • § 36258 The last equalized assessment roll shall be used as a basis for determining whether or not a majority written protest has been made. The board shall be under…
      • § 36259 If at the conclusion of the hearing the board determines that all of the lands included within the district and the boundaries of the improvement district…
      • § 36260 Bonds issued hereunder and interest which accrues thereon shall be paid in a manner identical to bonds issued on behalf of a district or improvement district…
      • § 36261 The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to any proceedings under this chapter.
      • § 36262 The board may, without a vote of the electors, or without a further hearing, provide for the issuance of, and issue, general obligation bonds of a district or…
5. CHAPTER 4. Provisions Relating to Revenue Bonds Only §§ 36300–36368 · 32 sections

   1. ARTICLE 1. Bond Issuance §§ 36300–36305 · 6 sections

      • § 36300 If a revenue bond issue is contemplated, there shall be included in the estimate required by Section 35950 every expense of the district that it is probable…
      • § 36301 Revenue bonds shall be issued in the name of the district and shall be obligations of the district, limited, however, to the payment or redemption of the…
      • § 36302 Revenue bonds are not a general debt, liability, or obligation of the district.
      • § 36303 The board may, in the resolution authorizing the issuance of revenue bonds, provide that the bonds or any part thereof shall be subject to call and redemption…
      • § 36304 Revenue bonds issued subject to call and redemption prior to maturity shall contain a recital to that effect on the face of the revenue bonds, and no revenue…
      • § 36305 The board in its resolution authorizing the issuance of revenue bonds shall fix the method of giving notice of redemption to the holders of revenue bonds to be…
   2. ARTICLE 2. Lien of Bonds §§ 36320–36323 · 4 sections

      • § 36320 The payment of both principal and interest of revenue bonds shall be secured only by the revenues pledged therefor.
      • § 36321 No holder of any revenue bond may ever compel any exercise of the taxing power to pay the bond, interest thereon, or any part of either.
      • § 36322 All revenue bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims, or obligations, and notwithstanding anything…
      • § 36323 All revenue bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, of sale, of execution, or of…
   3. ARTICLE 3. Miscellaneous Provisions §§ 36340–36352 · 13 sections

      • § 36340 Revenue bonds and interest coupons attached thereto shall be in such form as may be prescribed by the board.
      • § 36341 The face of each revenue bond shall state: (a) That the payment or redemption of the bond and the payment of the interest thereon is secured solely by a first…
      • § 36342 Revenue bonds shall be payable in lawful money of the United States.
      • § 36343 Each issue of revenue bonds shall be numbered consecutively and the bonds of each issue shall be numbered consecutively from lower to higher as they mature and…
      • § 36344 The date appearing upon the face of a revenue bond shall be deemed to be the date of issuance irrespective of the subsequent delivery of the bond.
      • § 36345 Revenue bonds shall be signed by the president and attested by the secretary, and interest coupons appertaining thereto shall be signed by the secretary.
      • § 36346 All the signatures on the bond or coupons may be printed, lithographed, engraved, or otherwise mechanically reproduced, except that one of the signatures shall…
      • § 36347 The seal of the district may be affixed to the revenue bonds by mechanical reproduction thereof.
      • § 36348 If any officer whose signature appears on any revenue bond or coupon ceases to be such officer of the district before the delivery of the bonds to the…
      • § 36349 Revenue bonds shall be of such denomination or denominations as the board may prescribe.
      • § 36350 Revenue bonds shall be payable at such time and place as may be designated by the board, but in no case shall the maturity of any bond be more than 40 years…
      • § 36351 Every revenue bond shall be payable at a given time for its entire amount and not for a percentage thereof.
      • § 36352 Revenue bonds shall bear interest at a rate not in excess of 8 percent per annum, payable annually or semiannually as may be prescribed by the board.
   4. ARTICLE 4. Action to Secure Payment of Revenue Bonds §§ 36360–36368 · 9 sections

      • § 36360 Bondholders owning or holding 25 percent or more of any outstanding and unpaid issue of revenue bonds may, when payments of principal or interest, or both,…
      • § 36361 The complaint shall: (a) Name the district as a defendant. (b) State that on the date therein named bond principal payments, interest thereon, or both, were in…
      • § 36362 The summons in the proceeding shall be served by publishing a copy thereof once a week for four weeks in a newspaper of general circulation published in each…
      • § 36363 Within 30 days after publication of the summons has been completed and proof filed with the court any person may appear and answer the complaint.
      • § 36364 On the expiration of 60 days after the publication of summons has been completed and proof filed with the court, after proof to the court that a default exists…
      • § 36365 The jurisdiction of the court over the affairs of the district shall continue until the default for which the receiver was appointed has been discharged.
      • § 36366 A receiver has no power to dispose of any part of the property of the district except in the ordinary course of business. The authority of a receiver is…
      • § 36367 No court has jurisdiction to enter any order or decree requiring or permitting a receiver to sell, assign, mortgage, or otherwise dispose of or encumber the…
      • § 36368 Whenever all that is due upon all obligations and interest thereon which are a charge, lien, or encumbrance on the revenues of the district has been paid and…
6. CHAPTER 4.3. Revenue Warrants §§ 36380–36393 · 15 sections

   • § 36380 A district whose facilities are for delivery primarily of agricultural water supplies and wherein at least 51 percent of the assessable acreage is zoned and…
   • § 36381 Revenue warrants shall be secured by all or part of the revenues received by the district from charges fixed pursuant to Section 35470 or from any other source…
   • § 36382 Revenue warrants shall bear interest at a rate or rates not exceeding 8 percent per annum, payable annually or semiannually or in part annually and in part…
   • § 36383 Revenue warrants shall mature at such time or times as the board may prescribe, but not more than 10 years from the date of issuance.
   • § 36384 Revenue warrants may be made subject to redemption prior to their fixed maturity date upon such terms, conditions and notice, and at such times and prices, as…
   • § 36385 Revenue warrants may be sold at either public or private sale upon such terms and conditions as the board may determine. Such warrants may be sold at less than…
   • § 36386 No revenue warrants shall be issued or sold until their issuance has been authorized by resolution of the board adopted by a four-fifths vote.
   • § 36386.1 If, after the board adopts the resolution to issue the revenue warrants and before 30 days thereafter, the board receives a petition containing the signatures…
   • § 36387 The board may determine the form and denomination of revenue warrants, the manner of their execution, their registration and exchange privileges and the place…
   • § 36388 The board, in a resolution authorizing the issuance of revenue warrants, may provide for special funds for the deposit and application of the proceeds of the…
   • § 36389 The board, in a resolution authorizing the issuance of revenue warrants, may covenant to operate and maintain the facilities producing the revenues pledged for…
   • § 36390 The board, in a resolution authorizing the issuance of revenue warrants, may provide for paying the interest on the revenue warrants for a period of not more…
   • § 36391 Except as otherwise provided in any resolution authorizing the issuance of revenue warrants, the holder of any revenue warrant may by mandamus, or other…
   • § 36392 Revenue warrants shall not be issued under this chapter by any district in any one fiscal year in excess of four million dollars ($4,000,000).
   • § 36393 The provisions of this chapter shall constitute an addition to all other power of a district to borrow money, incur indebtedness, and issue warrants in…
7. CHAPTER 4.5. Provisions Relating to Short Term Borrowings §§ 36400–36409 · 18 sections

   • § 36400 A district may borrow money and incur indebtedness as provided in this chapter by action of the board and without the necessity of calling and holding an…
   • § 36401 Indebtedness may be incurred pursuant to this chapter for any purpose for which the district is authorized to expend funds, including provisions for the…
   • § 36402 Indebtedness incurred under this chapter shall be evidenced by warrants or negotiable notes of the district payable at stated times fixed by the board and…
   • § 36402.1 Except as provided in Section 36407.1, no warrants or negotiable notes issued pursuant to this chapter shall be valid unless their issuance is authorized by a…
   • § 36402.2 Notice of the election shall be given and the election shall be held and the result determined as nearly as practicable in the manner provided for bond…
   • § 36402.3 The proceeds of such warrants or negotiable notes may be used and applied to the purchase or redemption of any outstanding warrants or negotiable notes of the…
   • § 36403 Such warrants shall be issued in the name of the district after the adoption, by a four-fifths vote of all the members of the board, of a resolution setting…
   • § 36404 The board may, in its resolution authorizing the issuance of such warrants, provide that the warrants shall be subject to call and redemption prior to…
   • § 36405 Coupons payable to bearer shall be in a form and signed as prescribed by the board and may be attached to warrants issued under this chapter to evidence their…
   • § 36406 Warrants or negotiable notes issued under this chapter shall be offered for public sale upon notice inviting sealed bids therefor. Such notice shall be given…
   • § 36407 Warrants or negotiable notes issued under this chapter and authorized by the voters pursuant to Section 36402.1 shall constitute general obligations of the…
   • § 36407.1 Warrants or negotiable notes payable in five years or less from the date of issuance may be issued under this section without the approval of the voters…
   • § 36408.4 Warrants or negotiable notes payable at a future date or times may also be issued to obtain funds or property for any lawful purpose of the district; provided,…
   • § 36408.5 Any warrant or negotiable notes authorized in the preceding section shall draw interest at a rate to be fixed by the board not to exceed eight (8) percent per…
   • § 36408.6 Warrants or negotiable notes of any district may be issued to evidence the indebtedness allowed to be incurred prior to the levy of the first district…
   • § 36408.7 A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of the district which have not yet…
   • § 36408.8 A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of an improvement district formed…
   • § 36409 The provisions of this chapter shall constitute an addition to all other power of the district to borrow money, incur indebtedness, and issue warrants or…
8. CHAPTER 4.9. Alternative Provisions for the Formation of Improvement Districts and the Issuance of Bonds Therefor §§ 36410–36446 · 37 sections

   • § 36410 This chapter provides an alternative method for the formation of improvement districts consisting of a portion of the territory within a district and the…
   • § 36411 Improvement districts consisting of contiguous or noncontiguous portions of the territory of a district may be formed within a district and bonds and warrants…
   • § 36412 Bonds and warrants of a district for an improvement district may be issued for any purpose for which bonds and warrants of the district may be issued;…
   • § 36413 Whenever the board is of the opinion that an improvement district should be formed, the board of directors shall adopt a resolution of intention which shall…
   • § 36414 Notice of said hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in each affected…
   • § 36415 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 said resolution of…
   • § 36416 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…
   • § 36417 The board shall not order any modifications except after publication of the resolution proposing said modifications once in the same newspaper in which the…
   • § 36418 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…
   • § 36419 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…
   • § 36420 (a) After adopting the resolution ordering the improvement district formed, the board may provide for and call a special bond election within such improvement…
   • § 36421 Except as otherwise provided in this chapter, special bond elections within an improvement district shall be called, noticed, held, conducted and the results…
   • § 36423 Bonds of said district for said improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as bonds…
   • § 36424 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…
   • § 36424.1 (a) This section applies only to the Santa Margarita Water District. (b) The Legislature finds and declares both of the following: (1) In 1978, the voters of…
   • § 36425 In addition to the charges authorized to be fixed and collected pursuant to Article 4 (commencing with Section 35470) of Chapter 2 of Part 5 of this division,…
   • § 36426 Except as otherwise provided in this chapter, the provisions of this division applicable to bonds and warrants of the district and assessments therefor shall,…
   • § 36427 If general obligation bonds of the district for an improvement district thereof shall have been issued, the treasurer shall establish within the general…
   • § 36428 After the formation of an improvement district additional lands contiguous or noncontiguous thereto may be included therein upon such terms and conditions as…
   • § 36429 At the time and place fixed or at any time and place to which the hearing is continued, the board shall hold the hearing provided for by said resolution of…
   • § 36430 At the hearing the board may adopt a resolution proposing modifications relating to any or all of the following: (a) Modification of the boundaries of the…
   • § 36431 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…
   • § 36432 As an alternative procedure for the annexation of land to an improvement district, additional lands may be included within any improvement district by…
   • § 36433 The board may advance general funds of the district to accomplish an approved plan of works of an improvement district.
   • § 36434 The board shall repay the district for any advance of funds with any money received which is authorized by law to be used for such a purpose including the…
   • § 36435 After adopting the resolution ordering the improvement district formed, the board may provide for the issuance of warrants of the district for the improvement…
   • § 36436 Warrants of said district for said improvement district shall be issued and sold in substantially the same manner and upon the same terms and conditions as…
   • § 36437 Except as otherwise provided in this chapter, the provisions of this division applicable to warrants of the district and assessments therefor shall, so far as…
   • § 36438 Pursuant to the procedure hereinafter set forth in this chapter, two or more existing coterminous improvement districts formed pursuant to the provisions of…
   • § 36439 In the event that the board determines it to be in the best interests of the district to consolidate any two or more existing coterminous improvement districts…
   • § 36440 At the conclusion of the hearing on the resolution of intention provided for in Section 36439, the board may adopt a resolution declaring the existing…
   • § 36441 The provisions of Sections 36438 to 36440, inclusive, are in the alternative to and shall not affect any existing provisions of this division.
   • § 36442 After the formation of an improvement district, lands may be detached therefrom upon any terms and conditions as may be fixed by the board. If the board…
   • § 36443 At the time and place fixed, or at any time and place to which the hearing is continued, the board shall hold the hearing provided for by such resolution of…
   • § 36444 At the hearing, the board may adopt a resolution proposing modifications relating to any or all of the following: (a) Modification of the boundaries of the…
   • § 36445 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…
   • § 36446 As an alternative procedure for the detachment of land from an improvement district, lands may be detached from any improvement district by resolution of the…
9. CHAPTER 4.95. Alternative Provisions for the Issuance of Bonds of Improvement Districts §§ 36447–36447.15 · 14 sections

   • § 36447 This chapter shall apply to the Irvine Ranch Water District, the Santa Margarita Water District, and the Moulton-Niguel Water District. As used in this…
   • § 36447.1 Bonds for two or more improvement districts of the district may be issued and sold as consolidated bonds of the district in substantially the same manner and…
   • § 36447.2 The provisions of Chapters 2 (commencing with Section 35950) and 3 (commencing with Section 36150) shall apply to the consolidated bonds to the extent they may…
   • § 36447.3 It is the intent of the Legislature in enacting this chapter to preserve the status of the improvement districts’ bonds which have been consolidated, so that…
   • § 36447.4 Before adopting a resolution approving the issuance of any consolidated bonds pursuant to this chapter and Chapter 3 (commencing with Section 36150), the board…
   • § 36447.5 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 by the resolution of…
   • § 36447.6 If the board finds that protests against the proposed issuance of any consolidated bonds are signed by the owners of more than one-half of the area of the land…
   • § 36447.7 At the conclusion of the hearing, in the absence of a majority protest pursuant to Section 36447.6, the board shall adopt a resolution making the finding…
   • § 36447.9 The board may, if it determines that to do so would produce a lower interest cost on the bonds, sell bonds at private sale without advertising for bids.
   • § 36447.10 The board may provide for the bonds to bear a variable interest rate, for the manner and intervals in which the rate shall vary, and for the dates on which the…
   • § 36447.11 Refunding bonds issued under Article 6 (commencing with Section 36060) of Chapter 2 may be issued in the manner set forth in this chapter regardless of whether…
   • § 36447.12 In lieu of refunding outstanding bonds by defeasing or calling for redemption, the board may also refund under Article 6 (commencing with Section 36060) of…
   • § 36447.14 All acts and proceedings taken prior to the effective date of this chapter, which would be in accordance with this chapter if taken after the effective date,…
   • § 36447.15 (a) (1) Notwithstanding Section 36447, this section applies only to the Irvine Ranch Water District and the Santa Margarita Water District. (2) As used in this…
10. CHAPTER 5. Improvement Districts §§ 36450–36453 · 4 sections

    • § 36450 Improvement districts may be formed in districts in the same manner as improvement districts are formed in irrigation districts. When formed, such improvement…
    • § 36451 The board of directors of a district shall have the same rights, powers, duties and responsibilities with respect to the formation and government of…
    • § 36452 The board shall also have, in addition to its other powers, the same powers with respect to improvement districts in districts as the board of directors of an…
    • § 36453 Assessments in an improvement district in a district shall be levied, collected and enforced at the same time and in as nearly the same manner as practicable…
11. CHAPTER 5.5. Alternative Provisions for the Consolidation of Coterminous Improvement Districts §§ 36454–36454.4 · 5 sections

    • § 36454 This chapter provides an alternative method for the consolidation of coterminous improvement districts formed pursuant to Chapter 4.9 (commencing with Section…
    • § 36454.1 Pursuant to the procedure set forth in this chapter, two or more existing coterminous improvement districts formed pursuant to the provisions of Chapter 4.9…
    • § 36454.2 For purposes of Section 2270 of the Revenue and Taxation Code, bonds authorized by any of the coterminous improvement districts which remain outstanding or…
    • § 36454.3 In the event that the board determines it to be in the best interests of the district to consolidate any two or more existing coterminous improvement districts…
    • § 36454.4 At the conclusion of the hearing on the resolution of intention provided for in Section 36454.3, the board may adopt a resolution declaring the existing…
12. CHAPTER 6. Adoption of Improvement Acts §§ 36455–36458.1 · 21 sections

    1. ARTICLE 1. Authorization of Improvements §§ 36455–36455.4 · 5 sections

       • § 36455 Whenever, in the opinion of the board, the public interest or convenience may require, the board may order the acquisition or construction in, under, or upon…
       • § 36455.1 The work or improvement shall be done and the cost thereof assessed and collected in accordance with the procedures of the Improvement Act of 1911 (Division 7…
       • § 36455.2 Such acts or any of them may be used in the discretion of the board of directors in the construction of any work to be done or improvements made under this act…
       • § 36455.3 As additional notice a certified copy of any assessment and the diagram attached thereto issued under any of said acts shall be recorded in the office of the…
       • § 36455.4 A district may enter into an agreement with any municipality within the district whereby any work or improvement constructed pursuant to the provisions of this…
    2. ARTICLE 2. Definition of Improvement Act Terms §§ 36456–36456.9 · 10 sections

       • § 36456 As used in the laws referred to in this chapter the terms therefrom set forth in this article refer for the purposes of this chapter to that which this article…
       • § 36456.1 “City” refers to the water district.
       • § 36456.2 “City council” or “legislative body” refers to the board of directors of the water district.
       • § 36456.3 “Mayor” refers to the president of the board of directors of the water district.
       • § 36456.4 “Clerk” refers to the secretary of the board of directors of the water district.
       • § 36456.5 “Council chambers” refers to the place designated by the board of directors of the water district for holding its regular meetings.
       • § 36456.6 “Treasurer” refers to the treasurer of the water district.
       • § 36456.7 “Superintendent of streets” or “street superintendent” and “city engineer” refer to the engineer of the water district.
       • § 36456.8 “Right-of-way” refers to any parcel of land through which a right-of-way has been granted to the water district for any purpose.
       • § 36456.9 All words relating to municipal officers and matters refer to the corresponding officers of water districts and matters under this division.
    3. ARTICLE 3. Engineer of Work §§ 36457–36457.3 · 4 sections

       • § 36457 The board may appoint officers other than the engineer, without compensation, as the officer to perform any or all of the duties conferred upon the street…
       • § 36457.1 The board may appoint an engineer of work, in which event the duties to be performed by the city engineer as set forth in any law referred to in this chapter…
       • § 36457.2 The board may provide that the work shall be done under the direction and to the satisfaction of the engineer of work, that the materials used shall comply…
       • § 36457.3 The contract shall be entered into by the engineer, and the assessment and warrant, when confirmed, shall be recorded in the office of the engineer.
    4. ARTICLE 4. Assessments and Bonds for Agricultural Water Delivery Facilities §§ 36458–36458.1 · 2 sections

       • § 36458 Bonds issued pursuant to this chapter for facilities for delivery primarily of agricultural water supplies, in accordance with the provisions of any of the…
       • § 36458.1 In determining the amount of the assessments to be levied and bonds to be issued pursuant to this chapter, the board of directors may include bond interest for…