SECTIONS 31595-31611 - California Statutes

WATER CODE

SECTION 31595-31611

31595. Improvement districts may be formed to undertake projects to
investigate, study, analyze, appraise, finance, acquire, and carry
out any of the objects or purposes of this division of special
benefit to such improvement districts, including, without limitation,
projects to construct, operate, maintain, extend, repair or improve
any work or improvement of special benefit to such improvement
districts.

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 boundaries of the improvement district
proposed to be formed;
(b) A brief general description of the project to be undertaken
within such improvement district;
(c) A finding that the project will be a special benefit to such
improvement district;
(d) A statement of the board's intention to undertake the project;
(e) An estimate of the cost of the project;
(f) The method by which the project is proposed to be financed. To
the extent that the project is to be financed by taxes levied in
such improvement district, for purposes other than the payment of the
principal of and interest on bonds, the proposed maximum amount of
such tax which may be levied in any year, which maximum shall not
exceed seventy-five cents ($0.75) per one hundred dollars ($100) of
the assessed value of the taxable property in such improvement
district. To the extent that the project is to be financed by
incurring a bonded indebtedness the resolution shall also comply with
Section 31370. To the extent that the project is to be financed by
taxes levied in such improvement district, for purposes other than
the payment of the principal and interest on bonds, and said taxes
are levied pursuant to Section 31703.7 of the Water Code, the
proposed maximum amount of such tax which may be levied in any year,
which maximum shall not exceed two dollars and fifty cents ($2.50)
per one hundred dollars ($100) of the assessed value of the land in
such improvement district.
(g) The time and place for a hearing by the board on the formation
of the proposed improvement district, on the boundaries thereof, on
the project proposed to be undertaken therein and on the method by
which the project is proposed to be financed.

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 newspaper of general circulation
printed and published within the proposed improvement district, but
if there is no such newspaper, then one within the district, but if
there is no such newspaper, then one within the county in which the
proposed improvement district is situated. Said publication shall be
completed at least seven days prior to said hearing. The secretary
shall also cause the notice to be posted in five conspicuous places
within the proposed improvement district at least 10 days prior to
said hearing.

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 district may be seen by any
interested person.

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 consider all written and oral objections
to any matters set forth in the resolution. Any person may appear at
the hearing and present any matters material to the subject thereof.

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 majority in number of the holders of
title to taxable property within the proposed improvement district
and who are also the holders of title to not less than 51 percent of
the area thereof are filed with the board, further proceedings
relating to the proposed improvement district and the proposed
project shall be terminated and no proceedings for the formation of
any improvement district to undertake the proposed project shall be
instituted for a period of not less than six months following the
date of the conclusion of the hearing.

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 as to the ownership of taxable
property, the names and number of the persons who are the holders of
title, or assessable rights therein, and as to the assessed valuation
of taxable property within the proposed improvement district.

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, administrator, or other person holding
property in a trust capacity under appointment of court may sign a
protest when authorized by the proper court, which authorization may
be made without notice. A certified copy of such authorization shall
be filed with such protest.
(c) Where property is assessed in the name of a trustee or
trustees, such trustee or trustees shall be deemed to be the person
entitled to sign the protest.
(d) The protest of any public or quasi-public corporation, private
corporation, or unincorporated association may be signed by any
person authorized by the board of directors or trustees or other
managing body thereof, which authorization shall be in writing,
attested by its seal, and duly acknowledged, and shall be filed with
the board.
(e) The owner of any property or interest therein, appearing upon
the assessment role, which has been assessed in the wrong name or to
unknown owners, or which has passed from the owner appearing as such
on the last equalized assessment roll, since the same was made, shall
be entitled to sign the protest represented thereby, either by the
production of a proxy executed and acknowledged by such former owner,
or by furnishing evidence of his ownership by a conveyance duly
acknowledged showing the title to be vested in the person claiming
the right to sign the protest, accompanied by a certificate of a
competent searcher of titles, certifying that a search of the
official records of the county since the date of the conveyance
discloses no conveyance or transfer out from the grantee or
transferee named in the conveyance.
(f) Where the property has been contracted to be sold, the vendee
shall be entitled to sign the protest, unless such real property is
assessed in the name of the vendor, in which event the vendor shall
be entitled to do so, unless the contract of sale otherwise expressly
provides.

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 assessment roll or otherwise as
entitled thereto. Unless satisfactory evidence is furnished, the
right to file said protest may be denied.

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 the board may, by resolution,
declare that the proposed improvement district is formed.

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, find and declare that all taxable
property located within the improvement district is equally benefited
by the project proposed therefor, and if the board so finds and
declares such determination shall be final and conclusive.

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 district which shall thereupon constitute and be known as
"Improvement District No. ____ of ____ County Water District."
(b) A brief description of the project which may be undertaken
within the improvement district.
(c) The maximum amount of any improvement district tax, exclusive
of taxes for the payment of principal of and interest on bonds, which
may be levied in any year, which maximum amount shall not exceed the
amount estimated in the resolution adopted pursuant to Section
31596.

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 whole or a part of the proposed
improvement district described in the resolution adopted pursuant to
Section 31596 and may include such additional lands, the owners of
which have, by written petition filed with the board, requested be
included within the improvement district. The territory of an
improvement district need not be contiguous, but must be entirely
within the district.

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 effective date, the resolution
shall be suspended and the board shall reconsider it. The petition
shall be signed by not less than 10 percent of the registered voters
within the proposed improvement district on the date of adoption of
said resolution. If the board does not repeal the resolution against
which a petition is filed, the board shall submit the resolution to
the voters within such improvement district at a regular election or
a special election for the purpose. The resolution shall not become
effective unless and until a majority of the voters vote in favor
thereof. Such election shall be conducted in the manner provided in
Article 3 (commencing at Section 31405) of Chapter 2 of Part 6 of
this division insofar as applicable, except that if a majority of the
votes cast at said election are in favor of the resolution then the
cost of such election shall be borne by the improvement district.
This section shall not apply to any improvement district containing
less than 100 registered voters as of the date of adoption of the
resolution referred to in Section 31596.

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 the issuance of bonds by the district
on behalf of the improvement district, proceedings may be taken by
the board for the authorization, issuance, and sale of bonds of the
district on behalf of the improvement district pursuant to Section
31391. In taking such proceedings, the board shall not be required to
comply with Sections 31370 to 31372, inclusive, or Sections 31385 to
31390, inclusive, but it shall proceed pursuant to Sections 31405 to
31416, inclusive, and Sections 31425 to 31429, inclusive. Any bonds
issued may be refunded pursuant to Sections 31440 to 31446,
inclusive, and may be made callable pursuant to Sections 31460 and
31461.

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 the board.