PART 6. FINANCIAL PROVISIONS [31300. - 31639.]
Part 6 added by Stats. 1949, Ch. 274.
§§ 31300–31639 · 129 sections
CHAPTER 1. General Financial Provisions §§ 31300–31339 · 20 sections
ARTICLE 1. In General §§ 31300–31310 · 12 sections
- § 31300 A district may borrow money, incur indebtedness, and issue bonds or other evidences of the indebtedness, and may refund or retire any indebtedness or lien…
- § 31301 The district may issue warrants to pay its formation expenses bearing interest at 6 percent per year from date of issue until funds are available to pay the…
- § 31302 The auditor shall draw warrants to pay demands made against the district when the demands have been approved or authorized by the board, or at least three…
- § 31303 Any money belonging to a district may be deposited or invested and drawn out as provided in Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of…
- § 31304 The district, or the district on behalf of an improvement district thereof, may issue negotiable promissory notes which shall be payable from general taxes,…
- § 31304.5 A district may contract with any state agency to finance any district improvement authorized by this division that is related to the provision of water for…
- § 31305 The board may designate the county treasurer the depositary to have the custody of all, or a portion of, the district’s money.
- § 31306 If designated as depositary the county treasurer shall: (a) Receive and receipt for all of the district’s money received by him and place it in the county…
- § 31307 When the county treasurer has been designated the depositary to have custody of district money, he shall pay out that money, or any portion thereof, only upon…
- § 31308 The county auditor shall draw warrants to pay demands made against the district when the demands have been approved by at least three members of the board and…
- § 31309 The county treasurer shall report in writing on the first day of July, October, January, and March of each year to the board with respect to each of the…
- § 31310 The board of supervisors of the county shall determine the charge to be made against the district for any services of either or both of: (a) The county…
ARTICLE 2. Settlements and Statements §§ 31320–31322 · 3 sections
- § 31320 On Monday in each week the collector shall do both of the following: (a) Settle with the secretary for all money collected for taxes during the week next…
- § 31321 The collector shall be credited in his settlement with the secretary with the amount due to the district on property he sells to the district for delinquent…
- § 31322 Within seven days after he settles with the secretary, the collector shall file in the district office with the secretary a statement under oath, showing: (a)…
ARTICLE 3. Investments §§ 31335–31339 · 5 sections
- § 31335 As used in this article “surplus money” means any money in any sinking fund established for the purpose of payment of any bonded or other indebtedness or any…
- § 31336 A district may invest such surplus money, as its board deems wise or expedient in any of the following: (a) Bonds issued by the district. (b) Bonds issued by…
- § 31337 The investment may be made by purchase of the bonds or registered warrants or part thereof at the original sale or by purchase after they have been thus issued.
- § 31338 Any bonds or registered warrants purchased pursuant to this article and held may, from time to time, be sold and the proceeds reinvested pursuant to this…
- § 31339 Sales of bonds or registered warrants purchased pursuant to this article and held shall be made in season so that the proceeds may be applied to the purposes…
CHAPTER 2. Bonds §§ 31370–31482 · 42 sections
ARTICLE 1. Notice §§ 31370–31372 · 3 sections
- § 31370 Whenever the board deems it necessary for the district to incur a bonded indebtedness, it shall by resolution set forth all of the following: (a) A declaration…
- § 31371 Notice of the hearing shall be given by the secretary by publication of a copy of the resolution in a newspaper printed and published in the district for at…
- § 31372 The copy of the resolution published or posted shall be accompanied by a notice subscribed by the secretary, with the seal of the district attached, that: (a)…
ARTICLE 2. Hearing §§ 31385–31393 · 9 sections
- § 31385 At the time and place fixed for the hearing in the resolution declaring the necessity for incurring the bonded indebtedness, or at any time and place to which…
- § 31386 At the hearing any person interested, including persons owning property within the district, may appear and present any matters material to the questions set…
- § 31387 At the conclusion of the hearing, the board shall by resolution determine whether the whole or part of the district will be benefited by the accomplishment of…
- § 31388 If the board determines that the whole of the district will not be benefited, the resolution shall also describe the portion of the district which will be…
- § 31389 After the formation of an improvement district within a district pursuant to this article, all proceedings for the purpose of a bond election within the…
- § 31390 The determination of the board that the whole of the district will be benefited by the bond issue or that only a described portion of the district will be…
- § 31391 After the board has made its determination pursuant to Section 31387, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state:…
- § 31392 In determining the amount of debt to be incurred, the legislative body may include: (a) All costs and estimated costs incidental to or connected with the…
- § 31393 (a) Any time following the establishment of an improvement district pursuant to this article, the board, by a four-fifths majority vote, may exempt part or all…
ARTICLE 3. Election §§ 31405–31416 · 13 sections
- § 31405 The board shall fix a date when an election shall be held to authorize the bonded indebtedness described in the resolution adopted pursuant to Section 31391.
- § 31406 The board shall provide for holding the election on the day fixed therefor in the same manner as provided by law in respect to general water district elections…
- § 31407 The board shall give notice of the election to authorize the bonded indebtedness, which notice shall contain all of the following: (a) The resolution adopted…
- § 31408 Every voter residing within the voting precincts, but no others, may vote at the election.
- § 31408.5 In the Pleasant Valley County Water District, every owner of land within the district, but no others, may vote at the election. The special provisions of this…
- § 31409 The notice shall be published for two weeks in at least one newspaper, designated by the board, printed and published in the district.
- § 31410 If there is no newspaper printed and published in the district, the notice shall be posted in three public places in whichever of the following is to be…
- § 31411 The returns of the election shall be made to and the votes canvassed by the board on the first Monday which is six or more days after the election.
- § 31412 The results of the election shall be ascertained and declared pursuant to the general water district election laws so far as they may be applicable, except as…
- § 31413 As soon as the result is declared, the secretary shall enter in the records of the board a statement of the result.
- § 31414 No informalities in the conduct of the election shall invalidate the election if fairly conducted.
- § 31415 All the expenses of holding the election shall be borne by the district, but said expenses may be included in the amount of the debt to be incurred, as…
- § 31416 Whenever the electors of a district which has no bonded indebtedness, is not operating a water system, and has not bona fide contracted for the construction of…
ARTICLE 4. Issuance §§ 31425–31429 · 5 sections
- § 31425 If from the bond election returns it appears that more than two-thirds of the votes cast at the election are in favor of incurring the indebtedness, the board…
- § 31426 The district may dispose of the bonds so issued at the times or in the manner the board deems to be to the public interest.
- § 31427 Any bonds issued by any district organized under the provisions of this act are hereby given the same force, value and use as bonds issued by any municipality…
- § 31428 All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal and interest on the bonds,…
- § 31429 When the board determines by resolution that the expenditure of money raised by the sale of bonds for the purpose for which the bonds were voted is impractical…
ARTICLE 5. Refunding §§ 31440–31446 · 7 sections
- § 31440 The board may, by resolution, do the following: (a) Submit to the voters a measure to issue new bonds to refund any or all of the district bonds outstanding.…
- § 31441 The measure may be voted on at any district election.
- § 31442 The procedure upon the election shall be in accordance, so far as applicable, with the procedure upon an original issue of bonds, except that: (a) No hearing…
- § 31443 The refunding bonds shall not bear a higher rate of interest than the bonds to be refunded and may be issued and sold in the manner and form prescribed for an…
- § 31444 Refunding bonds may, if the holders of bonds of an original issue and the board so agree, be exchanged for original bonds.
- § 31445 The face value of refunding bonds exchanged for original bonds shall not exceed the face value of the original bonds.
- § 31446 The board may raise money by water rates or taxes to pay principal and interest of the refunding bonds in the same manner as prescribed for payment of bonds of…
ARTICLE 6. Callable Bonds §§ 31460–31461 · 2 sections
ARTICLE 7. Revenue Bonds §§ 31480–31482 · 3 sections
- § 31480 Subject to the provisions of this article, a district may borrow money to provide funds to pay all costs of any public improvement authorized by this part and…
- § 31481 Revenue bonds under this article shall be authorized, issued and sold in the same manner as are revenue bonds of irrigation districts under Division 11 of this…
- § 31482 The Contra Costa Water District may provide for bonds of the district to bear a variable interest rate, which rate shall not at any time exceed the maximum…
CHAPTER 3. Adoption of Improvement Acts §§ 31500–31548 · 20 sections
ARTICLE 1. Authorization of Improvements §§ 31500–31506 · 6 sections
- § 31500 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…
- § 31501 The work or improvement shall be done and the cost thereof assessed and collected in accordance with the procedure and in pursuance of the provisions of the…
- § 31502 The Municipal Improvement Act of 1913 is also applicable to districts.
- § 31503 The Improvement Bond Act of 1915 is also so applicable for use in conjunction with the Improvement Act of 1911 or with other improvement acts.
- § 31504 Such acts or any of them may be used in the discretion of the board of directors in the contruction of any work to be done or improvements made under this act…
- § 31506 A district may enter into an agreement with any municipality within the district whereby any work or improvement constructed pursuant to the provisions of the…
ARTICLE 2. Definition of Improvement Act Terms §§ 31520–31529 · 10 sections
- § 31520 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…
- § 31521 “City” refers to county water district.
- § 31522 “City council” or “legislative body” refers to the board of directors of the county water district.
- § 31523 “Mayor” refers to the president of the board of directors of the county water district.
- § 31524 “Clerk” refers to the secretary of the board of directors of the county water district.
- § 31525 “Council chambers” refers to the place designated by the board of directors of the county water district for holding its regular meetings.
- § 31526 “Treasurer” refers to the auditor of the county water district, unless the district elects to use the county treasurer as provided in Section 31305, in which…
- § 31527 “Superintendent of streets” or “street superintendent” and “city engineer” refer to the engineer of the county water district.
- § 31528 “Right of way” refers to any parcel of land through which a right of way has been granted to the county water district for any purpose.
- § 31529 All words relating to municipal officers and matters refer to the corresponding officers of county water districts and matters under this division.
ARTICLE 3. Engineer of Work §§ 31545–31548 · 4 sections
- § 31545 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…
- § 31546 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…
- § 31547 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…
- § 31548 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.
CHAPTER 4. Improvement Districts §§ 31575–31579 · 5 sections
- § 31575 Improvement districts may be formed in districts in the same manner as improvement districts are formed in irrigation districts. When formed, such improvement…
- § 31576 The board of directors of a district shall have the same rights, powers, duties and responsibilities with respect to the formation and government of…
- § 31577 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…
- § 31578 If an improvement district is formed in the Kings County Water District to encompass all or a portion of the area within the district served by the Lakeside…
- § 31579 All powers and duties of the district may be exercised on behalf of or within any improvement district formed pursuant to this division.
CHAPTER 5. Alternative Procedure for Formation of Improvement Districts §§ 31585–31618 · 23 sections
ARTICLE 1. In General §§ 31585–31586 · 2 sections
- § 31585 The provisions of this chapter are in addition to the provisions of Sections 31388 and 31389, the provisions of Sections 31500 to 31548, inclusive, and the…
- § 31586 Division 4 (commencing at Section 2800) of the Streets and Highways Code shall not be applicable to the formation of any improvement district pursuant to this…
ARTICLE 2. Formation and Projects §§ 31595–31611 · 17 sections
- § 31595 Improvement districts may be formed to undertake projects to investigate, study, analyze, appraise, finance, acquire, and carry out any of the objects or…
- § 31596 The formation of an improvement district shall be instituted by a resolution of the board which shall contain the following: (a) A description of the…
- § 31597 The secretary shall give notice of the time and place of the hearing by causing a notice thereof to be published for the time provided by Section 31371 in a…
- § 31598 The notice shall contain a copy of the resolution and a designation of a public place within the district where a copy of a map of the proposed improvement…
- § 31599 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 and shall…
- § 31600 If prior to the conclusion of the hearing written protests against the formation of the proposed improvement district and the proposed project signed by a…
- § 31601 In all matters referred to in this article, the last equalized assessment roll of the district, if any, otherwise of the county, shall be prima facie evidence…
- § 31602 (a) Each signature on a protest shall be acknowledged or proved in the manner required to entitle deeds to be recorded. (b) A guardian, executor,…
- § 31603 The board may inquire and take evidence for the purpose of identifying any person claiming the right to sign the protest as being the person shown on the…
- § 31604 At the conclusion of the hearing if proceedings relating to the proposed improvement district have not been terminated in the manner set forth in Section 31600…
- § 31605 No improvement district shall be formed pursuant to this chapter unless the board shall, in the resolution declaring such improvement district to be formed,…
- § 31606 The resolution declaring an improvement district to be formed shall contain: (a) A description of the boundaries thereof and the name of such improvement…
- § 31607 The boundaries of an improvement district determined and established by the board in the resolution declaring the improvement district to be formed may be the…
- § 31608 The resolution declaring the improvement district to be formed shall become effective 30 days after its adoption.
- § 31609 If a petition protesting against the adoption of the resolution declaring the improvement district to be formed is presented to the board prior to its…
- § 31610 After the formation of an improvement district pursuant to this chapter and if any portion of the cost of the project proposed therefor is to be financed by…
- § 31611 After the formation of an improvement district, additional lands may be included therein upon the written petition of the owners thereof and a resolution of…
ARTICLE 3. Taxes §§ 31615–31618 · 4 sections
- § 31615 Subject to such limitations as may be contained in the resolution declaring the improvement district to be formed, the board shall have the power in any year…
- § 31616 The procedure for estimating, levying, and collecting taxes in any improvement district shall be the same as is provided in Part 7 (commencing at Section…
- § 31617 All taxes collected pursuant to this article shall be expended only for the payment of bond principal and interest or only for the improvement district project…
- § 31618 For the purpose of any tax levied under this article, the properties within any improvement district shall be deemed to be equally benefited.
CHAPTER 6. Kings County Water District Improvement District § 31625 · 1 section
- § 31625 One or more improvement districts may be formed in the Kings County Water District which may include all or any part of the land in the district in the manner…
CHAPTER 7. Coachella Valley Water District Water Replenishment Assessments §§ 31630–31639 · 18 sections
- § 31630 The Coachella Valley Water District shall have the power to levy and collect water replenishment assessments, as provided in this chapter, for the purpose of…
- § 31630.5 As used in this chapter: (a) “Annual” or “year” means a calendar year unless the context indicates a contrary meaning. (b) “District” means the Coachella…
- § 31631 By May 1 of each year the board shall have prepared and presented to it an engineering survey and report concerning the groundwater supplies within the…
- § 31631.5 If the board determines that funds should be raised by a replenishment assessment, it shall call a public hearing, and shall publish notice at least 10 days in…
- § 31632 The hearing shall be held before the board and a quorum shall be present. The hearing may be adjourned from time to time by the president. All evidence…
- § 31632.5 Before July 1 of each year, the board may by resolution levy a replenishment assessment upon all water production during the following fiscal year within each…
- § 31633 The amount of any replenishment assessment levied within an area of benefit shall be established at the discretion of the board, except that no assessment…
- § 31633.5 Minimal pumpers may be excluded from the engineering survey and report on water production, and they shall be exempt from any replenishment assessments and…
- § 31634 The district, after the levying of any replenishment assessment, shall give notice thereof to all affected producers as disclosed by the records of the…
- § 31634.5 Except as provided in Section 31636, each producer, on or before the dates when the assessment or installments thereof are due and payable, shall file with the…
- § 31635 Any replenishment assessment levied pursuant to this chapter shall be due and payable to the district at the time or times determined by the district and…
- § 31636 If the district has an agreement with any producer whereby the district regularly reads and maintains the water-measuring devices which record the production…
- § 31636.5 If any producer subject to a replenishment assessment, after notice has been given pursuant to Section 31634, shall fail to pay a replenishment assessment or…
- § 31637 Should any producer, subject to a replenishment assessment, knowingly fail to file the water-production statement, such producer shall, in addition to interest…
- § 31637.5 If the district has probable cause to believe that the production by any producer is unreported or, if reported, is substantially in excess of that disclosed…
- § 31638 The district may, in any court having jurisdiction, bring suit against any producer to enjoin any water production in violation of any of the provisions of…
- § 31638.5 It shall be unlawful to produce water from within any area of benefit after one year following the levy of a replenishment assessment within such area, unless…
- § 31639 This chapter, applicable only to the Coachella Valley Water District, is necessary because of the special and unique problems of imported ground water recharge…