SECTIONS 42290-42297 - California Statutes

WATER CODE

SECTION 42290-42297

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 board shall provide for a hearing on the
questions whether the project or unit will benefit only a portion of
the district and whether an improvement district consisting of that
portion should be established.

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 given by publication once a week for
two successive weeks. Such publication shall be made in a newspaper
of general circulation, printed and published in each affected
county, and, if in any such county there is no such newspaper, in a
newspaper printed and published in an adjoining county.

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 interested, including any person owning
land within the district, may appear at the hearing and present any
matters material to the questions which are the subject of the
hearing.

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 or unit. If the board
determines that only a portion of the district will be benefited by
the project or unit, the board may by resolution establish an
improvement district consisting of that portion of the district. The
resolution shall describe the territory within the improvement
district in a manner sufficient for identification, and shall
designate the improvement district by a distinctive name or number.
In accordance with the resolution, said portion of the district shall
thereupon constitute and be known as "____ Improvement District of
____ Water Storage District" or as "Improvement District No. ____ of
____ Water Storage District."

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 which
the improvement district was established shall apply only to the
improvement district.
(b) Any election with respect to such project or unit or bonds
therefor or warrants relating thereto, held pursuant to Chapter 2
(commencing with Section 42300) of this part, Chapter 3 (commencing
with Section 42500) of this part, Part 7 (commencing with Section
44400) of this division or Part 8 (commencing with Section 45100) of
this division, shall be held only within the improvement district.
(c) Any assessment with respect to such project or unit shall be
levied only upon the land within the improvement district.
(d) Any bonds or warrants issued with respect to such project or
unit shall be bonds or warrants of the improvement district, secured
by an assessment levied upon the land within the improvement district
only, and that fact shall be indicated on the face of each such bond
or warrant.

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 district. An improvement district shall not
have its own officers or employees. The board and each of the
officers of the district, respectively, shall have all the rights,
powers and privileges as to an improvement district, its land and the
proceedings in relation to the improvement district that each
respectively has as to the district of which the improvement district
is a part.

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 provisions of Part 7 (commencing with
Section 44400) of this division, all of the provisions of Part 8
(commencing with Section 45100) of this division, all of the
provisions of Part 9 (commencing with Section 46000) of this
division, and all of the provisions of Part 10 (commencing with
Section 48000) of this division except Chapter 2.6 (commencing with
Section 48350) shall apply to an improvement district in the same
manner as they apply to the district which includes the improvement
district and as though the term "improvement district" were used in
place of the word "district" at each place where said word appears in
any of said provisions except when said word is used as a part of
the term "other district" and the improvement district and the board
and officers of the district shall have all of the powers, with
respect to the improvement district, that are stated in said
provisions.