SECTIONS 13070-13076 - California Statutes

PUBLIC RESOURCES CODE

SECTION 13070-13076

13070. The district may acquire, construct, maintain, and operate
property, works, and facilities for any one or more of the following
purposes:
(a) To supply the inhabitants of the district with water for
domestic use, irrigation, sanitation, industrial use, fire
protection, and recreation.
(b) The collection, treatment, or disposal of sewage, waste, and
storm water of the district and its inhabitants.
(c) To exercise any of the powers, functions, and duties which are
vested in, or imposed upon, a fire protection district pursuant to
the Fire Protection District Law of 1987, Part 3 (commencing with
Section 13800) of Division 12 of the Health and Safety Code.
If the district includes any part of any local agency which
provides fire protection service to any territory in the district,
the district shall have no authority regarding the prevention or
suppression of fires in that territory unless the district has
obtained the consent of the local agency.
(d) Comprehensive planning for the physical growth of the area
within the district.
(e) The collection or disposal of garbage or refuse matter.
(f) Public recreation by means of parks, including, but not
limited to, acquatic parks and recreational harbors, playgrounds,
golf courses, swimming pools, or recreation buildings for all-year
recreation, including, but not limited to, facilities for public and
private meetings, and other public squares and places.
(g) Street lighting.
(h) Mosquito abatement.
(i) The equipment and maintenance of a police department or other
police protection to protect and safeguard life and property.
(j) The opening, widening, extending, straightening, and
surfacing, in whole or part, of any street in the district, subject
to the consent of the Department of Transportation, with respect to
state highways, and local authorities, as defined in Section 385 of
the Vehicle Code, with respect to highways under their jurisdiction.
(k) The construction and improvement of bridges, culverts, curbs,
gutters, drains, and works incidental to the purposes specified in
subdivision (j), subject to the consent of the Department of
Transportation, with respect to state highways, and local
authorities, as defined in Section 385 of the Vehicle Code, with
respect to highways under their jurisdiction.
(l) The construction and maintenance of parking facilities and
other transportation facilities.

13070.1. As used in this chapter, "acquire" includes, but is not
restricted to, taking by condemnation, purchase, or lease and
receiving by donation or dedication.

13071. The district may hold, use, enjoy, lease or dispose of any
of its property.

13072. Whenever the board determines by resolution that it is
feasible, economically sound, and in the public interest, for the
district to exercise its powers for any of the purposes specified in
Section 13070, and not specified in the resolution establishing the
district, the board may call a special district election and submit
to the voters of the district, or submit to them at the next general
district election, the question of whether the district should adopt
such additional purpose or purposes. If a majority of the votes cast
at the election upon such proposition shall be in favor of the
adoption of such additional purpose or purposes, then the powers of
the district may be exercised therefor.

13073. Bonded indebtedness may be incurred within the district in
the manner herein provided.

13074. The board may compel all residents and property owners in
the district to connect their houses, habitations and structures
requiring sewage or drainage disposal service or a joint water system
with the sewer and storm drains or water facilities of the district,
and to use district garbage and refuse removal service and
facilities. The board may charge reasonable and necessary fees for
these services.

13075. (a) No district shall engage in any activity or provide any
service not already engaged in or provided, or budgeted for, as of
July 1, 1970. Whenever any activity or service of a district is
terminated, it shall not be reactivated.
(b) Notwithstanding the provisions of subdivision (a), any
obligations of a district which are outstanding as of the effective
date of this section shall be considered exceptions to subdivision
(a) and may be fully performed, and the provisions of this section
shall not be construed in any manner so as to impair the contractual
rights of any person.
(c) On or before January 1, 1972 the district board shall certify
in writing to the Secretary of State any and all activities and
services being engaged in or provided, or budgeted for, as of July 1,
1970, and all outstanding obligations of the district as of the
effective date of this section, and shall transmit a copy of such
certification to the State Controller, which shall be presumptive
evidence of the activities authorized to be performed by the
district.

13076. (a) Notwithstanding any other provision of this chapter, and
in addition to any other powers conferred thereby, Resort
Improvement District Number 1, in the County of Humboldt, may
produce, purchase, and sell electrical power within the boundaries of
the district.
(b) Except as provided in subdivision (c), any judicial action or
proceeding against the district to attack, review, set aside, void,
or annul an ordinance, resolution, or motion fixing or changing a
rate or charge for an electric commodity or an electric service
furnished by the district and adopted on or after July 1, 2000, shall
be commenced within 120 days of the effective date of that
ordinance, resolution, or motion.
(c) The statute of limitations set forth in subdivision (b) does
not apply to any judicial action or proceeding filed pursuant to
Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2
of Title 5 of the Government Code to protest or challenge a rate or
charge or to seek the refund of a capital facilities fee if the
notice and disclosure requirements of Section 54999.35 of the
Government Code have not been followed.