PART 7. IMPROVEMENT DISTRICTS [75000. - 75231.]
Part 7 added by Stats. 1965, Ch. 75.
§§ 75000–75231 · 82 sections
CHAPTER 1. Improvement Districts for Issuance of Bonds §§ 75000–75090 · 26 sections
ARTICLE 1. Initiation of Proceedings §§ 75000–75002 · 3 sections
- § 75000 Whenever 1,000 or more of the holders of title or evidence of title of land within a district, as shown by the records of the county assessor, desire to form…
- § 75001 Upon receipt of the formation petition the board shall cause a survey to be made of the proposed improvement, and if it is found that the plan of improvement…
- § 75002 The report shall be filed in the office of the district and shall be subject to the inspection of all parties interested.
ARTICLE 2. Hearing and Formation §§ 75010–75016 · 7 sections
- § 75010 After the filing of the report required by Section 75001, the board shall give notice of a hearing upon the formation petition by posting a notice thereof in…
- § 75011 At the hearing the board shall hear such objections to the formation petition, the formation of the improvement district and its boundaries, and the plans,…
- § 75012 At the hearing the board may make such changes in the boundaries of the proposed improvement district as it deems advisable and shall define and establish the…
- § 75013 At the hearing the board shall determine whether the petition complies with the requirements of Section 75000 and for that purpose shall hear all competent and…
- § 75014 If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object in writing at the hearing to the…
- § 75015 At the conclusion of the hearing, if the board determines that the improvement district should be formed, it shall make a final order approving the formation…
- § 75016 The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of…
ARTICLE 3. Calling of Bond Election §§ 75030–75032 · 3 sections
- § 75030 If the board makes the final order approving the formation petition, it may, by resolution adopted by a majority of its members, call an election for the…
- § 75031 The resolution shall specify all of the following: (a) The purpose for which bonds are proposed to be issued. (b) The maximum rate of interest the bonds shall…
- § 75032 The resolution shall further provide for submitting the question of the incurring of the indebtedness to the qualified electors of the improvement district at…
ARTICLE 4. Notice of Bond Election §§ 75050–75051 · 2 sections
- § 75050 Notice shall be given of the bond election by publication in a newspaper published in each of the counties in which the improvement district is situated, if…
- § 75051 The notice of the bond election shall designate a name for the improvement district and describe the boundaries thereof. The notice shall also designate the…
ARTICLE 5. Bond Election §§ 75060–75066 · 7 sections
- § 75060 The bond election shall be conducted in accordance with the general election laws of the state as far as applicable and except as otherwise provided in this…
- § 75061 Several propositions may be submitted at the same bond election.
- § 75062 Only qualified electors of the improvement district may vote at the bond election. All electors residing within the improvement district whose names appear on…
- § 75063 The ballots at the bond election shall contain a general statement of the amount and purpose of the bonds to be issued. To the right of or below the statement…
- § 75064 Immediately after the bond election, the election officers shall publicly count the votes and make and transmit a report of the result of the election to the…
- § 75065 If two-thirds of the votes cast upon the proposition favor the proposition submitted, the proposition shall be deemed to have been accepted by the voters and…
- § 75066 If the bond election has been fairly held and conducted, no informality or omission to perform a prescribed duty shall be held to invalidate or affect the…
ARTICLE 6. Powers of the Board §§ 75080–75082 · 3 sections
- § 75080 Any improvement district formed pursuant to this chapter shall be under the supervision, direction, and control of the board.
- § 75081 The board shall have the same power, authority, and jurisdiction over and with reference to an improvement district formed pursuant to this chapter that it…
- § 75082 All provisions of this division, insofar as they are applicable, including provisions for bonds and assessments, shall apply to and govern improvement…
ARTICLE 7. Payment of Bonds from Assessments Upon Real Property § 75090 · 1 section
- § 75090 The bonded indebtedness of an improvement district formed pursuant to this chapter may be made payable from assessments to be levied upon all real property in…
CHAPTER 2. Special Improvement Districts §§ 75110–75168.6 · 36 sections
ARTICLE 1. In General § 75110 · 1 section
- § 75110 A special improvement district may be formed of an area benefited thereby, a bonded indebtedness of such special improvement district may be incurred under…
ARTICLE 2. Initiation of Proceedings §§ 75120–75122 · 3 sections
- § 75120 Whenever the board deems it necessary for the district to form a special improvement district and to perform the other acts provided in this chapter as to an…
- § 75121 The resolution of intention shall set forth all of the following: (a) A declaration of the necessity for the special improvement district. (b) The purpose of…
- § 75122 A copy of the resolution of intention shall be published pursuant to Section 6062 of the Government Code in a newspaper of general circulation published in the…
ARTICLE 3. Hearing and Formation §§ 75130–75135 · 6 sections
- § 75130 At the hearing, any person interested, including persons owning property within the proposed special improvement district, may appear and present any matters…
- § 75131 The board may exclude from the proposed special improvement district any territory that, in its opinion, would not be benefited by being in the proposed…
- § 75132 Lands not included in the original resolution of intention shall not be included within the proposed special improvement district except at a hearing held by…
- § 75133 The board shall not modify the boundaries of the proposed special improvement district so as to exclude therefrom any land which would be benefited by the…
- § 75134 If protest has been made, prior to its final determination for formation of the district, by the owners of land (or by the owners of real property, in the…
- § 75135 At the conclusion of the hearing, after making all necessary and proper changes in the boundaries, the board shall, by resolution, form the special improvement…
ARTICLE 4. Election §§ 75150–75153 · 4 sections
- § 75150 After the formation of the special improvement district, the board shall call an election for the purpose of submitting to the voters therein the question of…
- § 75151 When a district has not been formed pursuant to Section 74056, and it is proposed that the basis of taxation in the special improvement district shall be…
- § 75152 If a proposition of incurring the bonded indebtedness is approved by two-thirds of the voters voting on such proposition, or if a proposition of approving a…
- § 75153 No informality in any proceeding under this chapter, including the conduct of any election, not substantially affecting adversely the legal rights of any…
ARTICLE 5. Inclusion of Territory § 75160 · 1 section
- § 75160 Territory may be added to a special improvement district in the manner provided in this chapter for its formation.
ARTICLE 6. Alternative Provisions for Government of Special Improvement Districts §§ 75165–75166.3 · 14 sections
- § 75165 Any special improvement district formed pursuant to this chapter shall be under the supervision, direction and control of the board of directors of the water…
- § 75165.1 A petition signed by holders of title or evidence of title of land representing at least fifteen percent (15%) of the assessed valuation of taxable land in the…
- § 75165.2 Upon receiving the petition and determining its adequacy, the board of directors shall set it for hearing and give notice of the time and place of the hearing…
- § 75165.3 At the time fixed for the hearing, the board of directors shall hear all persons appearing for and against the matter, and at the conclusion of the hearing the…
- § 75165.4 In the event the board determines in favor of the petition, it shall forthwith call a special election within the boundaries of the special improvement…
- § 75165.5 The resolution calling such election shall include an order dividing the special improvement district into four consecutively numbered divisions. One trustee…
- § 75165.6 The special election shall be held and conducted, candidates nominated, the results declared and the returns canvassed in the same manner as the regular…
- § 75165.7 The four persons receiving, respectively, the highest number of votes for trustee in each division, plus the one person receiving the highest number of votes…
- § 75165.8 The trustees so elected shall immediately enter upon their duties as such upon qualifying, and shall hold office, respectively, until their successors are…
- § 75165.9 Each trustee shall receive an amount to be fixed by the board of trustees for each day’s actual attendance at the meetings of the trustees and actual and…
- § 75166 The salary of the secretary and the amount of the bond to be given for the faithful performance of his duties shall be fixed by the board of trustees.
- § 75166.1 The board of trustees shall meet regularly at least once each month at a time and place to be fixed by resolution of the trustees.
- § 75166.2 Except as otherwise provided in this article, all provisions of this division relating to biennial elections, vacancies, oaths, bonds, terms of office,…
- § 75166.3 The board of trustees of any special improvement district, the lands within which are obligated to repay a loan or loans from the United States under any loan…
ARTICLE 7. Transfer of District Funds §§ 75168–75168.6 · 7 sections
- § 75168 The board may from time to time order the transfer of funds to a special improvement district for the benefit of such special improvement district, from any…
- § 75168.1 Prior to the transfer of any funds authorized by Section 75168, the board shall call an election pursuant to Chapter 3 (commencing with Section 75390) of Part…
- § 75168.2 The notice of election shall specify the amount of money proposed to be transferred by the district and the purpose or purposes for which it is intended to be…
- § 75168.3 To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.
- § 75168.4 If a majority of the votes cast are “Transfer—Yes,” the board shall at the time of the annual estimate under Chapter 1 (commencing with Section 75350) of Part…
- § 75168.5 The special assessment shall be levied as generally provided in Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of Part 8 of…
- § 75168.6 If the provisions of Section 74056 are complied with in the formation of a district or if the provisions of Section 75151 have been complied with as to such…
CHAPTER 3. Benefit Assessment Improvement Districts §§ 75170–75231 · 20 sections
ARTICLE 1. Initiation of Proceedings §§ 75170–75175 · 6 sections
- § 75170 As an additional and alternative method of creating improvement districts of parts of the area within districts two-thirds of the holders of title or evidence…
- § 75171 Said formation petition shall contain a statement of the plan of the proposed improvement, a description of the boundaries of the proposed improvement…
- § 75172 The formation petition, and all proceedings in reference thereto, and the lands affected thereby, shall be designated by number, and the description of the…
- § 75173 Upon receipt of the formation petition the board shall cause a survey to be made of the proposed improvement and if it is found that the plan of improvement is…
- § 75174 The board constitutes a board of assessment commissioners to levy and apportion such assessment.
- § 75175 The formation petition, plans, specifications, estimate, and statement and assessment shall be filed in the office of the district and shall be subject to the…
ARTICLE 2. Hearing and Formation §§ 75190–75196 · 7 sections
- § 75190 After the filing of the plans, specifications, estimate, and statement and assessment, the board shall give notice of a hearing upon the formation petition and…
- § 75191 Notice of the hearing shall be given by posting a notice thereof in three public places within the proposed improvement district, by publishing the notice once…
- § 75192 At the hearing the board shall hear such objections to the formation petition, to the formation of the improvement district and its boundaries, to the plans,…
- § 75193 The board may exclude any part or portion of the lands described in the formation petition from the improvement district, and may include additional lands. If…
- § 75194 If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object, at the hearing, to the formation…
- § 75195 At the conclusion of the hearing, if the board determines that the improvement district should be formed and assessments levied to pay the costs of the…
- § 75196 The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of…
ARTICLE 3. Assessment and Warrants §§ 75210–75214 · 5 sections
- § 75210 The improvement district assessment shall include a sum that equals interest on any deferred payments at a rate not to exceed 8 percent per year, and 10…
- § 75211 The improvement district assessment may be made payable in not to exceed 10 annual installments and the board shall, at the time of the levy of the annual…
- § 75212 The improvement district assessment, or any installment thereof, shall be and remain a lien on the lands in the same manner as, and shall be a part of, the…
- § 75213 The district shall issue warrants for the amount of the improvement district assessment, which warrants shall be made payable in amounts and at the times…
- § 75214 If the improvement district assessment is insufficient to pay in full the cost of the improvements or pay the warrants issued for such improvements, an…
ARTICLE 4. Powers and Duties of the Board §§ 75230–75231 · 2 sections
- § 75230 The board and all other officers of the district shall have all the rights, powers, and privileges concerning an improvement district formed pursuant to this…
- § 75231 The work of improvement for which the improvement district is formed, and the purchase of all necessary supplies, material, and equipment therefor, shall be…