PART 5. DISTRICT PROJECT [42200. - 42752.]

Part 5 added by Stats. 1951, Ch. 391.

§§ 42200–42752 · 52 sections

CHAPTER 1. The Project §§ 42200–42297 · 21 sections
1. ARTICLE 1. Plans, Specifications, and Estimate of Costs §§ 42200–42202 · 3 sections
  - § 42200 Upon the organization of a district, the board shall make or cause to be made all examinations, surveys, plans and specifications, and estimates of costs for…
  - § 42201 The board may use and adopt all previous estimates, surveys, reports, and other data it may have or acquire.
  - § 42202 The cost of the examinations, surveys, plans, specifications, and estimates is a part of the expense of the project. The board may issue warrants therefor,…
2. ARTICLE 2. Units of Construction §§ 42225–42227 · 3 sections
  - § 42225 The board may at any time and from time to time segregate and divide the plans, specifications, and estimates of cost into one or more units of construction,…
  - § 42226 In the event of the division of the project into units of construction, and the specification of one or more units for future construction, the board shall,…
  - § 42227 Upon resolving to construct a unit, the board may amend the plans, specifications, and estimates of costs of the unit by making changes, modifications, and…
3. ARTICLE 3. Acquisition of Property §§ 42250–42252 · 3 sections
  - § 42250 If the board proposes to acquire property for the purposes or use of the district by purchase or lease, or in any manner other than by condemnation…
  - § 42251 Except where it is proposed to be acquired by eminent domain proceedings, no property belonging to any water corporation which is a public utility shall be…
  - § 42252 A certified copy of any order of authority made by the Public Utilities Commission shall be made a part of and filed with the report of the board. Unless the…
4. ARTICLE 4. Filing the Report §§ 42275–42280 · 4 sections
  - § 42275 Upon completion of the examination and study of the proposed project by the board, the board shall prepare and file a report with the secretary.
  - § 42276 The report shall set forth in detail all the following: (a) The character and nature of the proposed works. (b) A description of the rights both to water and…
  - § 42279 If the board determines before preparing and filing its report to segregate and divide the plans, specifications, and estimates into more than one unit of…
  - § 42280 If the board of any district fails to complete and file its report within 10 years from the date of the filing of the order of the department declaring the…
5. ARTICLE 5. Improvement Districts §§ 42290–42297 · 8 sections
  - § 42290 The board may by resolution determine that it is likely that the project or unit will benefit only a portion of the district. If the board so determines, the…
  - § 42291 The board shall fix the time and place for any such hearing, and shall cause notice of such hearing, setting forth the purpose, time and place thereof, to be…
  - § 42292 At the time and place fixed for the hearing, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. Any person…
  - § 42293 At the conclusion of the hearing, the board shall by resolution determine whether the whole or only a portion of the district will be benefited by the project…
  - § 42294 The determination of the board establishing an improvement district shall be final and conclusive.
  - § 42295 After the establishment of an improvement district within a district pursuant to this article: (a) All proceedings with respect to the project or unit for…
  - § 42296 An improvement district shall be governed, and its business shall be conducted, by the board and officers of the district in the name of the improvement…
  - § 42297 All of the provisions of this part, except Section 42280, all of the provisions of Part 6 (commencing with Section 43000) of this division, all of the…
CHAPTER 2. Recommendation of Abandonment of Project §§ 42301–42361 · 15 sections
1. ARTICLE 1. Investigation by the Board § 42301 · 1 section
  - § 42301 If the board recommends that the project be abandoned, the board may call a special election to be held in the district for the purpose of determining whether…
2. ARTICLE 2. Election §§ 42325–42332 · 7 sections
  - § 42325 If a special election is called by the board pursuant to Article 1 of this chapter, the board shall within 30 days after calling the election give notice of…
  - § 42326 The notice shall be published once a week for at least three weeks previous to the election in each affected county.
  - § 42328 For the purposes of the special election, the board shall establish a convenient number of election precincts and define their boundaries.
  - § 42329 At the time of calling the election, the board shall in its order designate voting places and appoint three landholders of the district to act as a board of…
  - § 42330 The election shall be conducted as nearly as practicable in accordance with the provisions of this division relating to general elections, but no particular…
  - § 42331 The qualifications of voters at the election shall be the same as prescribed for the formation election.
  - § 42332 The votes cast at the election shall be canvassed by the board in the same manner as votes cast at the formation election, and the result of the special…
3. ARTICLE 3. Proceedings After Election §§ 42355–42361 · 7 sections
  - § 42355 If the canvass of the votes cast at the special election shows more than one-half of all votes cast are “Completion of project—Yes” and also shows that more…
  - § 42356 If completion of the project is not approved at the election, the board may modify the project or propose a new project. If a revised report is not prepared…
  - § 42357 The order of abandonment shall require all persons having claims against the district or proposed district, except the holders of warrants issued pursuant to…
  - § 42358 Notice of the order requiring presentation of claims stating the time and place shall be published by the board in the county in which the office of the…
  - § 42359 After all warrants issued under the provisions of this division which have been presented for payment and all claims that have been presented and have been…
  - § 42360 After the filing of the copy of the order the district is dissolved.
  - § 42361 All liens which have attached to land under any provisions of this division are discharged with the filing of the copy of the order, and any undertakings given…
CHAPTER 3. Recommendation of Completion of Project §§ 42525–42552 · 5 sections
1. ARTICLE 2. Election §§ 42525–42526 · 2 sections
  - § 42525 Within 45 days after the board approves the report, it shall call a district election for the purpose of determining whether the recommendation and report…
  - § 42526 The election shall be noticed, held, and conducted and the result determined and declared in all respects as nearly as possible as provided in Article 2…
2. ARTICLE 3. Proceedings After Election §§ 42550–42552 · 3 sections
  - § 42550 If a majority of all votes cast are “Completion of project—Yes” and also a majority of the qualified voters who voted at the election voted “Completion of…
  - § 42551 The board shall carry out the project of the district in accordance with the plans and specifications of the approved and adopted report of the board.
  - § 42552 If completion of the project is not approved at the election, the project is abandoned.
CHAPTER 4. Project Uncompleted §§ 42700–42729 · 8 sections
1. ARTICLE 1. New Report §§ 42700–42702 · 3 sections
  - § 42700 If any project, whether original, modified, substituted or other, already adopted under this part, remains uncompleted, whether in whole or in part, and any…
  - § 42701 The report shall specify what disposition or use shall be made in the new project or otherwise of such parts of the existing project as have been completed and…
  - § 42702 Thereafter all proceedings in respect of the new report shall be conducted as set forth in this part for an original report.
2. ARTICLE 2. Elections and Subsequent Proceedings §§ 42725–42729 · 5 sections
  - § 42725 If the vote at either of the elections prescribed in this part is adverse to the report, the proposed project is abandoned. Thereafter the district shall…
  - § 42726 If the vote at either of the elections is favorable to the new report, nothing further shall be done toward completion of the former project so modified or…
  - § 42727 To the extent that the district is indebted or has any outstanding liabilities at the time of adoption of the report, whether contingent or otherwise, the…
  - § 42728 If, after all debts and liabilities have been paid, any funds remain on hand which have been collected under the original assessment or any funds are…
  - § 42729 If for any reason funds are not available to the district to defray all expenses under this article, as estimated by the board to be incurred for the general…
CHAPTER 5. Additional Projects §§ 42750–42752 · 3 sections
- § 42750 If the board shall find, by a two-thirds vote of its entire membership, that some project, other than any project (whether original, modified, substituted, or…
- § 42751 Thereafter all proceedings in respect of the additional report shall be conducted as set forth in this part for an original report.
- § 42752 If for any reason funds are not available to the district to defray all expenses under this chapter as estimated by the board to be incurred for the general…