Public Utilities Code

Part 11 of 38 · provisions 2,001–2,200

This act is named the Public Utilities Code.

Jurisdiction: United States — California
Instrument: Code
Citation: PUC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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About this statute

This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name. The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities. The provision says a transit district needs to be established in Santa Clara County. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name. A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

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Provisions of Public Utilities Code

Showing 200 of 7,473

132810.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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The commission’s governing board must elect a chairperson and vice chairperson, and the chairperson or vice chairperson must preside when assigned.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132810. The governing board of the commission at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairperson from its members who shall preside at all meetings, and a vice chairperson who shall preside in his or her absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairperson pro tempore, who, while so acting shall have all of the authority of the chairperson. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132811.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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The board must establish rules for its proceedings, and those rules must be consistent with California law.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132811. The board shall establish rules for its proceedings consistent with the law of the State of California. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132812.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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A majority of the board’s voting members is needed for a quorum, and board official acts need a majority affirmative vote.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132812. A majority of the voting members of the board shall constitute a quorum for the transaction of business and all official acts of the commission. All official acts of the board require the affirmative vote of the majority of the voting members of the board. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132813.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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The board must express its acts by motion, resolution, or ordinance.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132813. The acts of the board shall be expressed by motion, resolution, or ordinance. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132814.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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Board meetings must follow the Ralph M. Brown Act. Board committees must meet under Government Code Section 54952.3, and each committee must have at least three voting members.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132814. (a) All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (b) All meetings of committees established by the board shall be held pursuant to Section 54952.3 of the Government Code, and no other provision of the Ralph M. Brown Act shall apply to meetings of those committees. (c) Any committee of the board shall have a membership of at least three voting members. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132815.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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The board must adopt a budget, set officer and employee compensation, adopt an administrative code, arrange an annual postaudit, and appoint specified advisory committees.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132815. The board shall do the following: (a) Adopt an annual budget and fix the compensation of its officers and employees. (b) Adopt an administrative code, by ordinance, which shall prescribe the powers and duties of commission officers, the method of appointment of commission employees, and methods, procedures, and systems of operation and management of the commission. (c) Cause a postaudit of the financial transactions and records of the commission to be made at least annually by a certified public accountant. (d) Appoint a technical advisory committee of representatives from all of the transit operators in the county, all of the incorporated cities in the county, the county, and the Department of Transportation. (e) Appoint such other advisory committees the board deems necessary. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
132816.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. )
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Notice of the annual budget hearing must be published at least 15 days before the hearing, and the proposed budget must be available for public inspection at least 15 days before the hearing.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 2. Administration [132810 - 132816] ( Chapter 2 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132816. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
13282.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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Refunding bonds are not treated as new or increased indebtedness, voter approval is not required, and the board may provide for their call and redemption before maturity.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13282. The issuance of refunding bonds shall not be construed as the incurring or increase of an indebtedness within the meaning of this division, and the approval of the voters is not required for the issuance of refunding bonds. The board may provide for the call and redemption of any or all of the bonds on any interest payment date prior to their fixed maturity in the ordinance authorizing the issuance of the refunding bonds. (Enacted by Stats. 1951, Ch. 764.)
132820.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. )
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The commission may use up to 3% of local transportation fund revenues for its planning and programming work, sue and be sued, make contracts with qualified vendors, and do anything necessary to carry out the division.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132820. The commission may do any of the following: (a) Use up to 3 percent of the revenues in the local transportation fund for purposes of carrying out its transportation planning and programming responsibilities. (b) Sue and be sued. (c) Enter into contracts with qualified vendors to further the purposes of the commission. (d) Do any and all things necessary to carry out the purposes of this division. (Amended by Stats. 2019, Ch. 11, Sec. 1. (AB 335) Effective January 1, 2020.)
132822.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. )
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The commission may assist participating local agencies in Imperial County, run certain nontransportation programs, and apply for and receive grants and moneys, but it must not use transportation moneys or Measure D sales tax revenues for nontransportation purposes.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132822. (a) The commission, in cooperation with local agencies that elect to participate, may, within the boundaries of the County of Imperial, assist those agencies in the coordination, administration, and implementation of programs and policies. (b) (1) The commission may evaluate, develop, and implement nontransportation programs that it determines would provide local benefits by consolidating and sharing costs and resources, by facilitating local agency cooperation, or by operating under the commission’s management. These nontransportation programs include providing animal control services, waste management services, emergency response services, and multiagency communication services during countywide natural disasters such as earthquakes, fires, and floods. (2) The commission may develop or implement a nontransportation program only upon a majority vote of, and the adoption of a resolution by, the commission’s board. (c) Consistent with this section, the commission may function as a regional agency for purposes of Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of Division 30 of the Public Resources Code. (d) Consistent with this section, the commission, upon adoption of a resolution by its board, may function as the service authority for freeway emergencies for the County of Imperial pursuant to Section 2551 of the Streets and Highways Code. (e) The commission may apply for, and receive, moneys and grants available to carry out its functions. (f) (1) The commission shall not use transportation moneys for nontransportation purposes. (2) Revenues from the County of Imperial sales tax extended pursuant to local Measure D, which was approved by voters at the November 4, 2008, statewide general election, shall not be used for purposes of this section. (g) For purposes of this section, “local agency” means a county, city, whether general law or chartered, city and county, town, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency. (Added by Stats. 2019, Ch. 11, Sec. 2. (AB 335) Effective January 1, 2020.)
132824.
## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. )
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The commission must prepare a short-range transportation plan, consult specified agencies and others when doing so, administer local transportation fund money under the cited act, and prepare the short-range transit plan required by that act.

## Public Utilities Code - PUC ## DIVISION 12.8. Imperial County Transportation Commission [132800 - 132824] ( Division 12.8 added by Stats. 2009, Ch. 56, Sec. 1. ) ## CHAPTER 3. Powers and Functions [132820 - 132824] ( Chapter 3 added by Stats. 2009, Ch. 56, Sec. 1. ) ## 132824. The commission shall undertake the following: (a) Prepare a short-range transportation plan that includes the development and approval of a three- to five-year transportation improvement program, as follows: (1) The transportation improvement program shall apply to all projects funded with federal, state, and local funds. (2) The transportation improvement program shall be developed in coordination and consultation with the multicounty designated transportation planning agency, and shall be consistent with that agency’s regional transportation plan. (3) The county commission and the multicounty designated transportation planning agency shall enter into a memorandum of understanding specifying the process for preparing the transportation improvement program. (4) The commission shall consult with its member agencies, the Department of Transportation, adjacent counties, and other entities public and private when preparing its short-range plan and transportation improvement program. (b) The commission shall be responsible for administering the funds deposited in the local transportation fund according to the terms and conditions of the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10), which is also known as the Transportation Development Act, or any successor to that act. (c) The commission shall be responsible for preparing the short-range transit plan required by the Transportation Development Act. (Added by Stats. 2009, Ch. 56, Sec. 1. (SB 607) Effective January 1, 2010.)
13284.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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Only property in a special district may be taxed to pay the principal and interest on refunding bonds issued to refund a special district’s indebtedness.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13284. Only the property in a special district is taxable for the payment of the principal and interest on any refunding bonds which are issued for the purpose of refunding any indebtedness of a special district. (Enacted by Stats. 1951, Ch. 764.)
13285.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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Refunding bond matters under this chapter are governed by specified Government Code articles, unless this article provides otherwise.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13285. Except as provided in this article, matters pertaining to the issuance of refunding bonds under this chapter shall be governed by Article 9 (commencing with Section 53550) and Article 10 (commencing with Section 53570), Chapter 3, Part 1, Division 2, Title 5 of the Government Code. (Amended by Stats. 1976, Ch. 510.)
13286.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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Proceeds from refunding bonds may be used only to buy back or retire the bonded debt they refunded.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13286. The proceeds of the sale of refunding bonds shall be applied only to the purchase, or retirement at not more than par and accrued interest, or the call price, of the bonded indebtedness for which the refunding bonds were issued. (Enacted by Stats. 1951, Ch. 764.)
13287.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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The board may exchange refunding bonds for the bonds being refunded, instead of selling the bonds and using the proceeds.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13287. In lieu of selling refunding bonds and using the proceeds to purchase or retire the bonds to be refunded, the board may exchange refunding bonds at not less than par and accrued interest for the bonds so refunded. (Enacted by Stats. 1951, Ch. 764.)
13288.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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When refunded, outstanding bonds must be surrendered to the district treasurer, who must cancel them by endorsement and perforation.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Refunding [13281 - 13288] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13288. Whenever outstanding bonds are refunded they shall be surrendered to the treasurer of the district, who shall cancel them by endorsing on their face the manner in which the refunding was effected (whether by exchange or purchase, and the amount for which so purchased, if any) and by perforating through each bond and each coupon attached thereto the word “canceled” together with the date of cancellation. (Enacted by Stats. 1951, Ch. 764.)
13311.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Status as Investments [13311 - 13312] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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District bonds, including refunding bonds, are allowed as legal investments for specified funds and institutions.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Status as Investments [13311 - 13312] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13311. All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the State School Fund, and for all sinking funds under the control of the State Treasurer. Whenever any money or funds may by law be invested in or loaned upon the security of bonds of cities, cities and counties, counties, or school districts, in the State, such money or funds may be invested in or loaned upon the security of the bonds of a district; and whenever bonds of cities, cities and counties, counties, or school districts by law may be used as security for the faithful performance or execution of any court or private trust or of any other act, bonds of the district may be so used. (Enacted by Stats. 1951, Ch. 764.)
13312.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Status as Investments [13311 - 13312] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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District bonds may be used by state or national banks in the State as security for deposits of public funds.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Status as Investments [13311 - 13312] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13312. All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the State as security for the deposit of funds of the State or of any county, city and county, city, municipality, or other public or municipal corporation within the State. (Enacted by Stats. 1951, Ch. 764.)
13341.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Validating Proceedings [13341- 13341.] ( Article 6 repealed and added by Stats. 1961, Ch. 1520. )
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A legal action to determine whether bonds are valid may be brought under the cited civil procedure chapter.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Bonds [13201 - 13341] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Validating Proceedings [13341- 13341.] ( Article 6 repealed and added by Stats. 1961, Ch. 1520. ) ## 13341. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Repealed and added by Stats. 1961, Ch. 1520.)
13345.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. )
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The board may authorize debt for repairing or replacing district works that have been damaged or demolished, if specified vote and finding conditions are met.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. ) ## 13345. Whenever the board, by resolution adopted by a four-fifths vote of all members of the board of a five-ward district, or by a five-sevenths vote of all members of the board of a seven-ward district, finds and determines that any part of the works of the district has been damaged or demolished by reason of fire, flood, earthquake, sabotage, or act of God or the public enemy, and that the cost of repairing or replacing the works so damaged or demolished is too great to be paid out of the ordinary annual income and revenue of the district, and that the public interest requires the incurring of indebtedness for the purposes set forth in the resolution, the board may authorize the incurring of indebtedness for this purpose pursuant to this chapter. (Amended by Stats. 1984, Ch. 984, Sec. 2. Effective September 11, 1984.)
13346.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. )
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After the required finding under Section 13345, the district may borrow money and issue bonds, notes, or other securities without holding an election.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. ) ## 13346. Whenever the board makes the finding and determination as described in Section 13345, the district may borrow money and incur indebtedness by the issuance of bonds, notes, or other securities as provided in this chapter by action of the board and without the necessity of calling and holding an election in the district. These evidences of indebtedness shall constitute general obligations of the district or shall be payable solely from revenues of the district as the board may determine in the resolution authorizing their issuance. The indebtedness may be incurred for any purpose for which the district is authorized to expend funds. The indebtedness incurred under this chapter shall be evidenced by bonds, notes, or other evidences of indebtedness maturing in not to exceed five years from their date, shall bear interest at the rate or rates fixed by the board, and may be issued and sold at a public or private sale as the board may direct. All other terms and conditions of these evidences of indebtedness shall be fixed by the board. The maximum principal amount of all general obligation indebtedness outstanding under this chapter shall not, at any one time, exceed 1 percent of the assessed valuation of the property within the district taxable for district purposes. The board may authorize and issue refunding notes for the purpose of paying and redeeming at or before maturity any notes previously issued and then outstanding. However, these refunding notes shall not be in excess of the limitation of indebtedness provided in this section and shall mature in not to exceed five years from the dates of the original indebtedness. Refunding notes may in turn be refunded under similar terms and conditions, except that no refunding note shall mature in excess of five years from the date of the original indebtedness. (Amended by Stats. 1984, Ch. 984, Sec. 3. Effective September 11, 1984.)
13347.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. )
Verify source ↗

The board may levy and collect district taxes for repayment of chapter debt, and it must apply for available state or federal repair funds.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.1. Emergency Financing [13345 - 13347] ( Chapter 7.1 added by Stats. 1971, Ch. 512. ) ## ARTICLE 1. Incurring Indebtedness for Repair or Replacement of Damaged or Demolished Works [13345 - 13347] ( Article 1 added by Stats. 1971, Ch. 512. ) ## 13347. Indebtedness incurred pursuant to this chapter shall be payable from any sources of available funds, including revenues, taxes, or state or federal grants. The board may levy and collect taxes upon all property in the district subject to taxation by the district without limitation of rate or amount for the payment of any evidences of general obligation indebtedness incurred pursuant to this chapter and the interest thereon. These taxes shall be in addition to all other taxes levied for district purposes and shall be levied at the same time and in the same manner as other district taxes are levied and, when collected, shall be deposited in a special fund and shall be used only for the payment of the principal of and interest on this indebtedness. The board shall apply for any federal or state funds available for purposes of repairing or replacing works damaged or demolished by reason of fire, flood, earthquake, sabotage, or act of God or the public enemy. (Amended by Stats. 1984, Ch. 984, Sec. 4. Effective September 11, 1984.)
13371.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

A district may borrow and issue debt for specified chapter purposes, subject to board approval rules, maturity limits, and an overall principal cap.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13371. A district may borrow money and incur indebtedness for the purposes of this chapter by the issuance of bonds, notes or other evidences of indebtedness by a majority vote of its board of directors and without the necessity of calling and holding an election in the district. Such evidences of indebtedness shall constitute general obligations of the district or shall be payable solely from the revenues of the district as the board may determine in the resolution authorizing their issuance; provided, that if the board determines that the evidences of indebtedness shall constitute general obligations of the district, their issuance shall be approved by a four-fifths vote of the board. Such indebtedness may be incurred for any of the following purposes: (a) The purchase, processing, storage, and disposal of fuel to be used for the generation and transmission of electricity, of materials to be used in the manufacture of such fuel, and of the products of such fuel, the purchase of real property and manufacturing and processing facilities from which such fuel or materials may be obtained, or interests therein. (b) The planning, design, engineering, and licensing of facilities for the generation or transmission of electricity, and the preparation of sites and the purchase of equipment for such facilities. (c) The planning, design, engineering, acquisition, or construction of facilities for the storage, transmission, or distribution of water. (d) The planning, design, engineering, acquisition, or construction of facilities for the storage, transmission, or treatment of sewage or byproducts of sewage treatment. (e) The replacement of works of the district that have been damaged or demolished by reason of fire, flood, earthquake, sabotage, or acts of God or the public enemy. (f) Any expenses or charges incurred in connecton with the foregoing purposes, and to reimburse the district for expenditures incurred for any of such purposes. The indebtedness incurred under this chapter shall be evidenced by bonds, notes or other evidences of indebtedness maturing in not to exceed seven years from their date, shall not result in interest costs exceeding such limits as may be fixed by the board, and may be sold either by public or by private sale. All other terms and conditions of such evidences of indebtedness shall be fixed by the board. The district may arrange for bank credit for the purposes of this section or to provide an additional source of repayment for indebtedness incurred under this chapter. The maximum principal amount of all indebtedness outstanding under this article, including the amounts drawn on available bank lines of credit, shall not at any one time exceed the lesser of either (1) the annual average of the total revenue for the three preceding years or (2) 25 percent of the district’s total outstanding bonds issued pursuant to Chapter 6 (commencing with Section 12701), Chapter 7 (commencing with Section 13201), and Chapter 8 (commencing with Section 13451). The authority contained in this chapter shall be in addition to the authority contained in Chapter 6 (commencing with Section 12701), Chapter 7 (commencing with Section 13201), and Chapter 8 (commencing with Section 13451), and any indebtedness incurred pursuant to this chapter shall not be included in ascertaining the aggregate indebtedness permitted by Section 12842. (Amended by Stats. 1983, Ch. 430, Sec. 2.)
13372.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

The district may issue refunding debt instruments to pay and redeem existing indebtedness, subject to debt limits and a seven-year maturity cap.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13372. The district may issue refunding bonds, notes, or other evidences of indebtedness for the purpose of paying and redeeming at or before maturity any bonds, notes, or other evidences of indebtedness issued under this chapter, provided that such refunding bonds, notes, or other evidences of indebtedness shall not be in excess of the limitation of indebtedness authorized under this chapter and shall mature in not to exceed seven years from the date of the original indebtedness. Such refunding bonds, notes, or other evidences of indebtedness may in turn be refunded under like terms and conditions, provided that in no event shall such refunding notes mature in excess of seven years from the date of the original indebtedness. (Amended by Stats. 1979, Ch. 1117.)
13373.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

The board may levy and collect taxes on district property, without rate or amount limits, to pay the principal and interest on this indebtedness.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13373. General obligation indebtedness issued pursuant to this chapter shall be payable from any sources of available funds, including revenues or taxes. The board is hereby authorized to levy and collect taxes upon all property in the district subject to taxation by the district without limitation of rate or amount for the payment of the evidences of such general obligation indebtedness and the interest thereon. Such taxes shall be in addition to all other taxes levied for district purposes and shall be levied at the same time and in the same manner as other district taxes are levied and when collected shall be deposited in a special fund and shall be used for no purpose other than the payment of the principal of and interest on such general obligation indebtedness. (Amended by Stats. 1979, Ch. 1117.)
13374.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

This chapter applies only to certain districts meeting the system-ownership and population requirements.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13374. This chapter applies only to districts which have owned and operated an electric distribution system or electric generating facilities or a water distribution or sewage disposal system for at least eight years and which contain a population of 250,000 or more. (Amended by Stats. 1983, Ch. 430, Sec. 3.)
13375.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

This section defines “revenues of the district” for this chapter by tying it to the meaning in Government Code Section 54315.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13375. As used in this chapter, the term “revenues of the district” shall have the same meaning as is provided in Section 54315 of the Government Code. (Added by Stats. 1979, Ch. 1117.)
13376.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

If bonds are issued under this article, the board’s preliminary resolution takes effect when adopted, subject to the article’s referendum right. The board may also authorize successive bond issues, and that authority is not limited to any one issue.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13376. When bonds are issued under this article, the preliminary resolution of the board adopted pursuant to this article shall take effect upon its adoption by the board subject to the right of referendum provided for in this article. Successive issues of bonds may be authorized under this article from time to time and the authority herein contained shall not be limited to any particular issue. (Added by Stats. 1979, Ch. 1117.)
13377.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

If a resolution authorizes bonds, the board must publish it, and a referendum petition may be filed within 60 days after the second publication. If a proper petition is filed, the resolution has no effect unless voters approve it.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13377. Whenever a resolution authorizes the issuance of bonds pursuant to Section 13371, the board shall cause the resolution to be published in the manner provided for the publication of notices. At any time within 60 days after the date of the second such publication a referendum petition, signed by voters in number equal to at least 3 percent of the total vote cast, as defined in Section 11507, demanding the submission of such resolution to a vote of the voters of the district for their assent to the issuance of the proposed bonds, may be filed with the secretary. Upon presentation to the secretary of a petition meeting the requirements of this section, the resolution which is the subject thereof shall be of no effect unless and until it has been approved by the voters. (Added by Stats. 1979, Ch. 1117.)
13378.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

If no referendum petition is filed within 60 days, or if voters approve the bond proposition, the board’s resolution takes full effect and the board may issue bonds under the resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13378. If no such referendum petition is presented within the period of 60 days, then upon the expiration of such period, or if the proposition of issuing the bonds specified in the resolution of the board adopted pursuant to this article has been assented to by a majority of the voters voting on the proposition, whether upon referendum or pursuant to Section 13379, then upon such proposition having been so assented to, the resolution shall take full and final effect, and the board may proceed in accordance with the provisions of this article and issue bonds within the terms of the resolution. (Added by Stats. 1979, Ch. 1117.)
13379.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. )
Verify source ↗

The board may, and in some cases must, call a special election for voters to decide on issuing revenue bonds, and the election resolution must set the date, proposition, and voting details.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 1. Proceedings for Incurring Short-Term Indebtedness [13371 - 13379] ( Article 1 added by Stats. 1971, Ch. 660. ) ## 13379. The board at any time may, and upon the filing of a referendum petition as provided in Section 13377 shall, adopt a resolution calling a special election for the purpose of submitting to the voters of the district the proposition of issuing revenue bonds in conformity with the preliminary resolution adopted pursuant to this article. The resolution calling the election shall fix the date on which the election is to be held, the proposition to be submitted thereat, the manner of holding the election and of voting for or against the proposition, and shall state that in all other particulars the election shall be held and the votes canvassed as provided by law for the holding of elections within the district. Such election may be held separately or may be consolidated with any other election authorized by law at which the voters of the district may vote. The resolution calling the election shall be published and no other notice of the election need be given. The votes of a majority of all the voters voting on the proposition at the election are required to authorize the issuance of bonds pursuant to Section 13371. (Added by Stats. 1979, Ch. 1117.)
13391.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 2. Borrowing to Purchase Electricity [13391 - 13392] ( Article 2 added by Stats. 1982, Ch. 365, Sec. 2. )
Verify source ↗

A district may borrow money and incur debt to buy electricity, but the outstanding principal under this article cannot exceed $25 million at any time.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 2. Borrowing to Purchase Electricity [13391 - 13392] ( Article 2 added by Stats. 1982, Ch. 365, Sec. 2. ) ## 13391. A district may borrow money and incur indebtedness for the purchasing of electricity; provided, that the maximum principal amount of indebtedness outstanding under this article shall not at any one time exceed twenty-five million dollars ($25,000,000). (Added by Stats. 1982, Ch. 365, Sec. 2.)
13392.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 2. Borrowing to Purchase Electricity [13391 - 13392] ( Article 2 added by Stats. 1982, Ch. 365, Sec. 2. )
Verify source ↗

Chapter provisions apply to evidences of indebtedness issued under this article, unless a provision is inconsistent with the article or is made inapplicable by its own terms.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7.5. Short-Term Borrowing [13371 - 13392] ( Chapter 7.5 added by Stats. 1971, Ch. 660. ) ## ARTICLE 2. Borrowing to Purchase Electricity [13391 - 13392] ( Article 2 added by Stats. 1982, Ch. 365, Sec. 2. ) ## 13392. All provisions of this chapter not inconsistent with this article and not by their terms made inapplicable thereto shall apply to all evidences of indebtedness issued under this article. (Added by Stats. 1982, Ch. 365, Sec. 2.)
13451.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

This section allows one or more special districts for sewage disposal or solid waste resource recovery to be created within a district’s boundaries, following the chapter’s rules.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13451. One or more special districts for sewage disposal or solid waste resource recovery purposes may be created within the boundaries of a district as provided in this chapter. (Amended by Stats. 1977, Ch. 128.)
13452.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A proposed special district can be formed only after resolutions are passed by at least half, and at least two, of the relevant public agencies’ legislative bodies, and the resolutions must state the public need and describe the district boundaries.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13452. Resolutions shall first be passed by the legislative bodies of half or more, but of not less than two, of the public agencies, all or any part of the area of which it is intended to include in the proposed special district, declaring that the public interest or necessity demands the creation of a special district for sewage disposal or solid waste resource recovery purposes and describing its boundaries. The boundaries of the proposed special district may include territory outside any such public agency if the territory is within the area of the municipal utility district. When the entire area of any public agency is to be included in the special district it may be described in the resolutions by name. Certified copies of the resolutions shall be filed with the secretary of the district. (Amended by Stats. 1977, Ch. 128.)
13453.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A formation petition may be filed with the district secretary if it is signed by voters in the proposed special district equal to at least 10% of the total vote cast.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13453. Instead of procedure by resolutions, a petition may be filed with the secretary of a district signed by voters within the proposed special district equal in number to at least 10 percent of the total vote cast. The boundaries of the proposed special district shall be described in the petition and shall include at least two public agencies or portions thereof. A statement of the name of any public agency constitutes a sufficient and legal description of the territory thereof if the entire area of the agency is included. (Amended by Stats. 1977, Ch. 128.)
13454.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A petition for creating the special district must state that the public interest or necessity requires the district, and if the petition is split across separate papers, each paper must include the circulator’s affidavit verifying the signatures.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13454. The petition shall declare that the public interest or necessity demands the creation of a special district for sewage disposal or solid waste resource recovery purposes within the area of the district described in the petition. The petition may be on separate papers, but each paper shall contain the affidavit of the party who circulated it, certifying that each name signed thereto is the true signature of the person whose name it purports to be. (Amended by Stats. 1977, Ch. 128.)
13455.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The district secretary must compare petition signatures with voter registration affidavits and certify whether the petition is sufficient or insufficient.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13455. The secretary of the district shall compare the signatures with the affidavits of registration and shall certify to the sufficiency or insufficiency of the petition. (Enacted by Stats. 1951, Ch. 764.)
13456.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The board may start proceedings to create a special district for sewage disposal or solid waste resource recovery by resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 1. Proposal of Formation [13451 - 13456] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13456. The board may initiate proceedings for the creation of a special district for sewage disposal or solid waste resource recovery purposes within the area of the district by passing a resolution declaring that the public interest or necessity demands the creation of a special district for sewage disposal or solid waste resource recovery purposes, and describing its boundaries, which shall include all or any part of two or more public agencies. A public agency to be included may be described by name. No certified copy of the resolution need be filed with the secretary of the district. (Amended by Stats. 1977, Ch. 128.)
13481.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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The board must, within 60 days, designate the special district by resolution, set a hearing time and place, and publish notice of the hearing.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13481. Within 60 days after receipt of the resolutions of the public agencies or receipt of the certification of the sufficiency of a petition by the secretary of the district, or the passage of the resolution of the board, the board shall, by resolution, designate the special district as “____ (here insert name) Municipal Utility District, Special District No. ____ (here insert number)” (all such special districts shall be numbered consecutively) and shall fix a time and place for a hearing on the proposed creation of the special district for sewage disposal or solid waste resource recovery purposes and shall publish notice thereof. (Amended by Stats. 1977, Ch. 128.)
13482.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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The notice of hearing must be published once in a newspaper of general circulation published in the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13482. The notice of hearing shall be published once in a newspaper of general circulation published in the district. (Enacted by Stats. 1951, Ch. 764.)
13483.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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The hearing date must be set between 30 and 60 days after the first publication of the notice.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13483. The time fixed for the hearing shall be not less than 30 nor more than 60 days from the date of the first publication of the notice. (Enacted by Stats. 1951, Ch. 764.)
13484.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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Interested persons may file written objections before the hearing, and the board must hear and decide all protests and objections.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13484. At or before the hearing, any person interested may file with the secretary of the district written objections to the creation of the special district or to the inclusion of his property therein. Upon the hearing the board shall hear and determine all protests and objections. The hearing may be adjourned from time to time by the board without further notice other than an order to be entered upon the minutes of its meeting fixing the time and place of the adjournment. (Enacted by Stats. 1951, Ch. 764.)
13485.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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The board may reduce or enlarge the boundaries of a proposed special district, but any enlarged boundaries must stay within the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13485. The board may reduce or enlarge the boundaries of the proposed special district, but the boundaries as enlarged shall be within the district. (Enacted by Stats. 1951, Ch. 764.)
13486.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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The board may not approve creating a special district with extra territory unless notice is published and a hearing is held.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13486. The board shall not approve the creation of a special district containing territory in addition to the territory included in the resolutions or petitions filed with the secretary of the district, or in its own resolution, until notice of its intention to include such additional territory has been published for the time and in the manner prescribed for the original hearing on the matter and a hearing is had pursuant to the notice. (Enacted by Stats. 1951, Ch. 764.)
13487.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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A public agency, or part of one, cannot be included in a special district unless its legislative body agrees by resolution or the district formation started by voter petition.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13487. No public agency or portion thereof shall be included within the boundaries of a special district unless its legislative body consents by resolution, or unless the proceedings for the creation of the special district have been initiated by petition of the voters. (Enacted by Stats. 1951, Ch. 764.)
13488.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. )
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If no protests are filed, or if filed protests are overruled and denied, the board must approve creation of the special district by resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 2. Hearing [13481 - 13488] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13488. If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution approve the creation of the special district either as originally described or as revised by the board. (Enacted by Stats. 1951, Ch. 764.)
1351.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. )
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The commission may determine the value of public utility property and related facts, and may revalue that property from time to time.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## 1351. The commission may ascertain for each purpose specified in this part, the value of the property of every public utility in this State and every fact and element of value which in its judgment may or does have any bearing on such value. The commission may make revaluations from time to time and ascertain the value of all additions, betterments, extensions, and new construction to the property of every public utility. (Enacted by Stats. 1951, Ch. 764.)
13511.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. )
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After approving the proposed special district and fixing its boundaries, the board must call and publish notice of an election in the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13511. At any time after the board has approved the creation of the proposed special district, and fixed its boundaries, the board shall call and publish notice of an election within the proposed special district for the purpose of determining whether the proposed special district will be created and, if the board so determines, for the submission of a proposition for incurring a bonded indebtedness for the acquisition, construction, or completion by the district of any works, lands, structures, rights, or any other property necessary or convenient for the recovery of resources from solid waste or for the collection, treatment, or disposition of sewage matter for the special district. If the board determines that no bonded indebtedness is presently necessary, the board may call the election for the creation and establishment of the special district only, and a bond election may later be called. (Amended by Stats. 1977, Ch. 128.)
13512.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. )
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A person may vote in the election only if they are a voter in the territory of the proposed special district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13512. No person is entitled to vote at the election unless he is a voter of the territory included in the proposed special district. The election may be held on the same day as any other state, county, or city election and may be consolidated therewith. (Enacted by Stats. 1951, Ch. 764.)
13513.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. )
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If bond-incurring and district-creation propositions are on the same ballot, the bond votes must be separately canvassed, and bonds may be issued only if two-thirds of voters on the bond proposition vote in favor.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 3. Election [13511 - 13513] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13513. If a proposition for incurring a bonded indebtedness is submitted at the same election with the proposal to create the special district, the votes cast on the proposition of incurring a bonded indebtedness shall be separately canvassed in the special district as a whole. The favorable vote of two-thirds of all the voters voting on the proposition of issuing bonds within the special district as finally established is required to authorize the issuance of the bonds. (Enacted by Stats. 1951, Ch. 764.)
1352.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. )
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The commission may hold a hearing to examine the matters in Section 1351, but it must give the affected public utility at least 30 days’ written notice stating the hearing’s time and place.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## 1352. For the purpose of ascertaining the matters and things specified in Section 1351, the commission may cause a hearing to be held at such time and place as it may designate. Before any hearing is had, the commission shall give the public utility affected thereby at least 30 days’ written notice, specifying the time and place of the hearing, and such notice shall be sufficient to authorize the commission to inquire into the matters designated in Sections 1351 to 1354, inclusive, but this provision shall not prevent the commission from making any preliminary examination or investigation into those matters. All public utilities affected shall be entitled to be heard and may introduce evidence at such hearing. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission. (Enacted by Stats. 1951, Ch. 764.)
1353.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. )
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The commission may make written findings of fact on evidence before it about the value of a public utility’s property, and those findings are reviewable by courts.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## 1353. (a) The commission may make and file its written findings of fact upon matters concerning which evidence has been introduced before it which, in its judgment, have bearing on the value of the property of the public utility affected. These findings shall be subject to review by the courts in the same manner and within the same time as other orders and decisions of the commission. (b) The findings of the commission so made and filed, when certified under the seal of the commission, shall be admissible in evidence in any action, proceeding, or hearing before the commission or any court in which the commission, the state, or any officer, department, or institution thereof, or any county, city and county, city, or other body politic and the public utility affected may be interested, whether arising under this part, or otherwise. These findings, when so introduced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then existing, and these facts may only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined. (Amended by Stats. 1996, Ch. 855, Sec. 3. Effective January 1, 1997.)
13531.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 4. Establishment [13531 - 13532] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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For creating a special district, the vote returns for each public agency and each parcel of unincorporated territory must be canvassed separately, and the board must declare the district created if each area has a majority in favor.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 4. Establishment [13531 - 13532] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13531. On the question of the creation of a special district, the returns of each public agency and of each parcel of unincorporated territory shall be canvassed separately, and the board shall order and declare the special district created and established if in each public agency and if in each parcel of unincorporated territory a majority of those who voted on the proposition of creating the special district voted in favor thereof. (Enacted by Stats. 1951, Ch. 764.)
13532.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 4. Establishment [13531 - 13532] ( Article 4 enacted by Stats. 1951, Ch. 764. )
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A special district has no separate corporate existence and is treated as a taxing subdivision of the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 4. Establishment [13531 - 13532] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13532. A special district has no separate corporate existence but shall be deemed to be a taxing subdivision of the district. (Enacted by Stats. 1951, Ch. 764.)
1354.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. )
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The commission may hold additional hearings and investigations to revalue public utility property or determine the value of later additions and changes, and may make supplementary findings.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 7. Valuation of Public Utility Properties [1351 - 1354] ( Chapter 7 enacted by Stats. 1951, Ch. 764. ) ## 1354. The commission may, from time to time, cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any additions, betterments, extensions, and new construction made by any public utility subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify, or affect any finding of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice, and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided in this chapter for original notice, hearing, and findings. Findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings, except insofar as such supplemental findings change or modify the findings made at the original hearing or investigation. (Enacted by Stats. 1951, Ch. 764.)
13561.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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The board may set the points, manner, rules, terms, charges, and conditions for connecting sewers in the special district to the district’s intercepting sewers.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13561. Connections of all sewers within the special district to intercepting sewers of the district shall be made at such points and in such manner and under such rules, regulations, terms, charges, and conditions as the board may prescribe. (Enacted by Stats. 1951, Ch. 764.)
13562.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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The district is not required to build sewers other than intercepting and outfall sewers, and the board’s determination of what counts as those sewers is final.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13562. Nothing in this division shall require the district to construct any sewers other than intercepting and outfall sewers. The determination by the board of what are intercepting and outfall sewers within the meaning of this division is final and conclusive. (Enacted by Stats. 1951, Ch. 764.)
13563.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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After sewage disposal facilities are completed for a special district, all sewage and industrial waste originating within that district must be disposed of through the district’s sewage disposal facilities.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13563. Upon completion of sewage disposal facilities for any special district all sewage and industrial waste originating within the special district shall be disposed of through the sewage disposal facilities of the district. (Enacted by Stats. 1951, Ch. 764.)
13564.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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The district and the respective public agencies within it may contract about collecting, treating, or disposing of sewage.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13564. Without limiting in any way the foregoing provisions of this division, the respective public agencies within the district and the district may contract regarding the collection, treatment, or disposition of sewage. (Enacted by Stats. 1951, Ch. 764.)
13565.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. )
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Utilities a district is authorized to acquire, construct, own, operate, control, or use are treated as utilities owned and operated by the district, even if service is limited to a special district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5. Powers and Functions [13561 - 13565] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13565. Each utility which a district is authorized to acquire, construct, own, operate, control, or use pursuant to this division shall be considered to be a utility owned and operated by the district even though service therefrom is limited to a special district created as provided in this division. (Amended by Stats. 1965, Ch. 210.)
13570.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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The board must supervise and regulate sewage disposal in the special district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13570. The board shall supervise and regulate sewage disposal within a special district, including the fixing of standards, contracts, issuance of licenses or permits, practices and schedules for or in connection with waste water control and sewage disposal functions of such special district. (Added by Stats. 1971, Ch. 733.)
13571.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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The board may make and enforce regulations controlling the quantity, quality, and flow of waste water within a special district, so long as they do not conflict with state general laws.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13571. Without limiting in any way the provisions of this division, and in addition to the powers granted therein, the board may make and enforce such regulations for the control of quantity, quality and flow of waste water within the boundaries of a special district as are not in conflict with the general laws of the state. “Waste water” shall include all sewage, industrial and other wastes and waters, whether treated or untreated, discharged into or permitted to enter a community sewer system connected to or directly into a district interceptor for treatment in sewage disposal facilities of a special district. (Added by Stats. 1971, Ch. 733.)
13572.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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The district may adopt waste-water control rules and regulations that can require reports, permits, pretreatment or inspection facilities, enforcement procedures, entry onto private property, and other needed provisions.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13572. Rules and regulations pertaining to the control of quantity, quality or flow of waste water may provide for any or all of the following: (a) Periodic technical reports to the district from contributors or dischargers into the district’s system. (b) The issuance of permits or licenses by the district as a condition of discharging waste water for treatment in sewage disposal facilities of a special district. (c) The installation by the contributor or discharger of pretreatment works or facilities. (d) The installation by the contributor or discharger of waste water sampling and inspection facilities. (e) Procedures for enforcement of waste water standards and regulations adopted by the district and remedies for violation thereof. (f) Entry by the district upon private property to make surveys, inspections or samplings. (g) Such other provisions as are necessary to effectuate the control of the quantity, quality and flow of waste water within a special district. (Added by Stats. 1971, Ch. 733.)
13573.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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A person must not discharge wastewater into certain district sewer connections if it would cause contamination, pollution, or a nuisance.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13573. No person shall discharge waste water into a community sewer system connected to or directly into a district interceptor which will result in contamination, pollution or a nuisance. All discharges of waste water which are, or could be, harmful to or unreasonably affect the sewage disposal facilities of a district, or which impair or unreasonably affect the operation and maintenance of such facilities, or which violate quantity, quality and flow standards adopted by the district, and all waste water discharges which unreasonably affect, or could unreasonably affect, the quality of the district’s treatment plant effluent in such a manner that receiving water quality requirements established by law cannot be met by the district, shall constitute a nuisance for the purposes of this article. (Added by Stats. 1971, Ch. 733.)
13574.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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The district may ask the superior court for an injunction when a wastewater discharge violates district rules or threatens contamination, pollution, or nuisance.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13574. Whenever a discharge of waste water is in violation of the district’s regulations or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, as defined in this article, the district may petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the continuance of such discharge. In any civil action brought under this section, it shall not be necessary to allege or prove at any stage of the proceedings that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate and the temporary restraining order, preliminary injunction or permanent injunction shall issue without such allegations and without such proof. (Added by Stats. 1971, Ch. 733.)
13575.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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People who ignore district orders on wastewater can face daily civil penalties, and the district attorney must ask superior court to recover those sums when the board requests it.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13575. (a) Any person who fails to comply with any order issued by the district, shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day in which the discharge, violation, or refusal occurs. (b) Any person who intentionally or negligently violates any order issued by the district for violation of rules regulating or prohibiting discharge of waste water which causes or threatens to cause a condition of contamination, pollution or nuisance, as defined in this article, may be liable civilly in a sum not to exceed twenty-five thousand dollars ($25,000) for each day in which the violation occurs. (c) The attorney of the district, upon request of the board, shall petition the superior court to impose, assess and recover the sums provided for in subdivisions (a) and (b). In determining the amount of the fine the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. (d) Notwithstanding any other provision of law, all civil fines imposed by the court for a violation of this section shall be distributed as follows: (1) Fifty percent shall be transferred into the general fund of the county in which the action to recover the fine was brought. (2) Fifty percent shall be transferred once a month to the treasurer of any municipal utility district in the county for deposit in the funds of the district. (e) Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal, but no liability shall be recoverable under this section for any violation for which liability is recovered under Section 13575.5. (Amended by Stats. 1989, Ch. 1179, Sec. 1.5.)
13575.5.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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This section lets the district issue complaints, hold hearings, and impose civil liability or fines for reporting or discharge violations.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13575.5. (a) The district may issue a complaint to any person on whom civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this article, and the proposed civil liability. (b) The complaint shall be served by personal notice or certified mail on the person subject to the district’s discharge and reporting requirements, and shall inform the party served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before a hearing officer designated by the board. The person who has been issued a complaint may waive the right to a hearing, in which case the district shall not conduct a hearing. A person dissatisfied with the decision of the hearing officer may appeal to the board of directors within 30 days of notice of the hearing officer’s decision. (c) If after the hearing, or appeal, if any, it is found that the person has violated reporting or discharge requirements, the hearing officer or board may assess a fine against that person. In determining the amount of the fine the hearing officer or board shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. (d) Civil liability may be imposed by the district as follows: (1) In an amount which does not exceed one thousand dollars ($1,000) for each day for knowingly or willfully failing or refusing to furnish technical or monitoring reports. (2) In an amount which does not exceed five thousand dollars ($5,000) for each day of intentionally or negligently discharging hazardous waste, as defined in Section 25117 of the Health and Safety Code, knowingly falsifying any information provided in any furnished technical or monitoring report. (3) In an amount which does not exceed ten dollars ($10) per gallon for discharges in violation of any of the district’s cease and desist or other orders, or prohibitions issued, reissued, or adopted by the district. (e) All moneys collected under this section shall be deposited in a special district account and shall be made available for the monitoring, treatment, and control of discharges into district facilities. (f) Unless appealed, orders setting administrative civil liability shall become effective and final upon issuance thereof, and payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy. (g) No liability shall be recoverable under this section for any violation for which liability is recovered under Section 13575. (Added by Stats. 1989, Ch. 1179, Sec. 2.)
13575.6.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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This section lets an aggrieved party seek superior court review of certain board or hearing officer orders by petitioning for a writ of mandate within 30 days.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13575.6. Any party aggrieved by a final order issued by the board under Section 13575.5, after granting review of a hearing officer order, may obtain review of the order of the board in the superior court by filing in the court a petition for writ of mandate within 30 days following the issuance of the order by the board. Any party aggrieved by a final order of a hearing officer issued under Section 13575.5 for which the board denies review may obtain review of the order of the hearing officer in the superior court by filing in the court a petition of writ of mandate within 30 days following the denial of review by the board. If no aggrieved party petitions for writ of mandate within the time provided by this section, an order of the board or a hearing officer shall not be subject to review by any court or agency, except that the board may grant review on its own motion of an order issued under Section 13575.5 after the expiration of the time limits set by that section. (Added by Stats. 1989, Ch. 1179, Sec. 3.)
13575.7.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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An aggrieved party may seek superior court review by petition for writ of mandate within 30 days after service of the board’s decision and order.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13575.7. (a) Within 30 days after service of a copy of a decision and order issued by the board pursuant to Section 13575.5, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof. Failure to file a petition shall not preclude a party from challenging the reasonableness and validity of a decision or order of a hearing officer or the board in any judicial proceedings brought to enforce that decision or order or for other civil remedies. (b) The evidence before the court shall consist of the record before the board, including the hearing officer’s record, and any other relevant evidence which, in the judgment of the court, should be considered to effectuate and implement the policies of this division. In every such case, the court shall exercise its independent judgment on the evidence. (c) Except as otherwise provided in this section, subdivisions (e) and (f) of Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this section. (Added by Stats. 1989, Ch. 1179, Sec. 4.)
13576.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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A person must not intentionally discharge wastewater in violation of a district order if the discharge causes contamination, pollution, or a nuisance; doing so is a misdemeanor.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13576. Any person who intentionally discharges waste water in any manner, in violation of any order issued by the district, which results in contamination, pollution or a nuisance, as defined in this article, is guilty of a misdemeanor. (Added by Stats. 1971, Ch. 733.)
13576.5.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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A person who knowingly files false records or tampers with required monitoring equipment or methods with the district can be fined or jailed.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13576.5. Any person who knowingly makes any false statement or representation in any record, report, plan, or other document filed with the district, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required by the district, shall be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment in the county jail for not more than six months, or by both. (Added by Stats. 1989, Ch. 1179, Sec. 5.)
13577.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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Abatement actions for wastewater contamination, pollution, or nuisance must be directed at the sewer system operator and the contributors whose waste caused the problem.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13577. Any abatement actions taken pursuant to the foregoing sections with respect to contamination, pollution or nuisance, as defined in this article, created by the discharge of waste water into a community sewer system shall be taken against the agent or agency operating such system and the contributor or contributors whose waste creates the contamination, pollution or nuisance. (Added by Stats. 1971, Ch. 733.)
13578.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. )
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The district may enter private property to inspect wastewater-related facilities and may cut off sewage disposal or water services if wastewater rules are violated or contamination, pollution, or nuisance is caused or threatened.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 5.5. Waste Water Control [13570 - 13578] ( Article 5.5 added by Stats. 1971, Ch. 733. ) ## 13578. The district may enter upon private property of any person and sample at, inspect or survey the waste water sampling installation or pretreatment facilities or processes of any contributor or discharger to ascertain whether district regulations for control of quantity, quality and flow of waste water are being complied with. Such inspections shall be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, such inspection may be made without the consent or the issuance of a warrant. The district may terminate or cause to be terminated sewage disposal or water services to such property if a violation of any rule or regulation pertaining to control of waste water is found to exist or if a discharge of waste water causes or threatens to cause a condition of contamination, pollution or nuisance, as defined in this article. (Added by Stats. 1971, Ch. 733.)
13591.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. )
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The board may temporarily use district funds to pay costs or expenses tied to creating, building, completing, operating, or maintaining the special district and related sewage or solid-waste resource recovery work.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 13591. The board may use temporarily any district funds for the payment of any costs or expenses incident to the proposed or actual creation of a special district for sewage disposal or solid waste resource recovery purposes or the acquisition, construction, or completion of any works, lands, structures, rights, or other property necessary or convenient for the recovery of resources from solid waste or for the collection, treatment, or disposition of sewage matter for the special district or incident to the operation or maintenance of the special district. (Amended by Stats. 1977, Ch. 128.)
13592.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. )
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The board must recover district funds advanced under this article, using taxes on property in the special district or other appropriate district funds or revenues.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 13592. The board shall recover all district funds advanced under this article by means of taxes levied upon all property within the special district or from any appropriate funds or revenues of the special district; but nothing in this section shall compel reimbursement if the tax required therefor would amount to less than one mill ($0.001) on each one hundred dollars ($100) of assessed value of the property within the special district. (Enacted by Stats. 1951, Ch. 764.)
13593.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. )
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This section says the article does not limit a district’s general powers for sewage disposal or solid waste resource recovery.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 6. Financing [13591 - 13593] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 13593. Nothing in this article limits the general powers of a district with reference to sewage disposal or solid waste resource recovery. (Amended by Stats. 1977, Ch. 128.)
13621.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
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After a special district is created, it may submit a proposition to incur bonded indebtedness for certain property and works related to solid waste resource recovery or sewage services.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13621. At any time after the creation of a special district a proposition of incurring bonded indebtedness for the acquisition, construction, or completion by the district of any works, lands, structures, rights, or any other property necessary or convenient for the recovery of resources from solid waste or for the collection, treatment, or disposition of sewage matter for the special district may be submitted. (Amended by Stats. 1977, Ch. 128.)
13622.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Except as otherwise provided, Chapter 7 generally governs matters related to issuing bonds under this article.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13622. Except as otherwise provided herein the provisions of Chapter 7 shall substantially govern as to all matters pertaining to the issuance of bonds under this article, including among other things, and without limiting the generality of the foregoing, the calling and holding of the bond election, the form, execution, issuance, maturity, redemption, refunding, validation, the payment of interest from bond funds and the status of the bonds as investments. (Amended by Stats. 1953, Ch. 808.)
13623.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Issuing the bonds requires a favorable vote of two-thirds of the voters in the special district who vote on the proposition.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13623. The favorable vote of two-thirds of all the voters within the special district voting on the proposition is required to authorize the issuance of the bonds. (Amended by Stats. 1974, Ch. 761.)
13624.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Only property in the special district may be taxed to pay special district bond principal and interest, and taxes must be levied in substantial compliance with Section 12893 until the bonds are paid.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13624. Only the property in the special district shall be taxable for the payment of the principal and interest on special district bonds. Until the bonds are paid, taxes shall be levied in substantial compliance with Section 12893. (Enacted by Stats. 1951, Ch. 764.)
13625.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A challenge to the validity of a special district or voter-approved bonds must be filed within three months after voter approval of the applicable proposition.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13625. Any proceeding denying the validity of the creation of any special district, or of any bonds authorized by the voters thereof pursuant to this division, shall be brought within three months after the date upon which the applicable proposition is approved by the voters. (Enacted by Stats. 1951, Ch. 764.)
13626.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The board may use Chapter 7.1 to authorize emergency financing for repairing or replacing damaged or demolished works, and bond principal and interest may be paid only from the special district’s revenues, taxes, or other available funds.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7. Bonds [13621 - 13626] ( Article 7 enacted by Stats. 1951, Ch. 764. ) ## 13626. The board may utilize the provisions of Chapter 7.1 (commencing with Section 13345) to authorize emergency financing of the repair or replacement of damaged or demolished works of the special district; provided, that the payment of the principal and interest on such bonds or evidences of indebtedness shall be made only from revenues, taxes, or other available funds, of the special district. (Added by Stats. 1971, Ch. 512.)
13631.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. )
Verify source ↗

A special district may borrow money and issue debt instruments for authorized bond purposes without holding an election, subject to board action and a five-year maturity limit.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. ) ## 13631. The special district may borrow money and incur indebtedness in anticipation of the sale of bonds which have been authorized to be issued by the voters within the special district but which have not been sold and delivered, and it may issue bonds, notes, or other securities as provided in this article by action of the board and without the necessity of calling and holding an election. Such evidences of indebtedness shall constitute general obligations of the district. The indebtedness may be incurred for any of the purposes for which a bond issue had previously been approved by the voters, and to reimburse the district for expenditures incurred for any of such purposes. The indebtedness incurred under this article shall be evidenced by bonds, notes or other evidences of indebtedness maturing in not to exceed five years from their date, shall bear interest at such rate or rates as may be fixed by the board, and may be issued and sold at public sale as the board may direct. All other terms and conditions of such evidences of indebtedness shall be fixed by the board. The maximum principal amount of all indebtedness outstanding under this article shall not at any time exceed the aggregate amount of bonds which the district is then authorized to issue, less the amount of other securities then outstanding issued in anticipation of the sale of such an authorized issue. (Added by Stats. 1972, Ch. 310.)
13632.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. )
Verify source ↗

A special district may issue refunding bonds, notes, or other securities to pay and redeem earlier bonds, notes, or securities, if the refunding debt stays within the authorized indebtedness limit and matures within five years.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. ) ## 13632. The special district may issue refunding bonds, notes, or other securities for the purpose of paying and redeeming at or before maturity any bonds, notes or other securities issued under this article, provided that such refunding bonds, notes, or other securities shall not be in excess of the limitation of indebtedness authorized under this article and shall mature in not to exceed five years from their date. (Added by Stats. 1972, Ch. 310.)
13633.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. )
Verify source ↗

Debt issued under this article must be paid from available district funds, and the board may levy and collect taxes if needed.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 7.5. Short-Term Borrowing [13631 - 13633] ( Article 7.5 added by Stats. 1972, Ch. 310. ) ## 13633. Evidences of indebtedness issued pursuant to this article shall be payable from any sources of available funds of the special district, including revenues, taxes, or state or federal grants. If not previously otherwise paid the evidence of indebtedness shall be paid from the proceeds of the next sale of the bonds of the district in anticipation of which they were issued, and if not so paid, the board is hereby authorized to levy and collect taxes from all property in the special district subject to taxation by the district without limitation of rate or amount for the payment of such evidences of indebtedness. Such taxes shall be in addition to all other taxes levied for special district purposes and shall be levied at the same time and in the same manner as other district taxes are levied and when collected shall be deposited in a special fund and shall be used for no purpose other than the payment of the principal of, and interest on, such indebtedness. (Added by Stats. 1972, Ch. 310.)
13651.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Some territory within a district may be annexed to a special district under this article.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13651. Any public agency or portion thereof or unincorporated territory within the boundaries of a district (hereinafter referred to collectively as “territory”) not included within the boundaries of a special district may be annexed thereto in the manner provided in this article. (Enacted by Stats. 1951, Ch. 764.)
13652.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The board must adopt a resolution about annexing territory, describe the territory, set the terms, schedule a hearing, and provide notice.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13652. The board shall by resolution determine that the annexation of the territory will facilitate the acquisition or operation of a public utility for the special district, describe therein the territory, declare its intention to annex the territory to the special district, set forth the terms and conditions upon which the territory shall be annexed, fix the time and place for hearing on the question of the annexation, and provide for the giving of notice of the hearing. (Amended by Stats. 1965, Ch. 210.)
13653.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A public agency or part of one cannot be annexed to a special district unless its legislative body consents by resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13653. No public agency or portion thereof shall be annexed to a special district unless the legislative body thereof shall by resolution consent. (Enacted by Stats. 1951, Ch. 764.)
13654.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Annexation terms for a special district may include taxes, different rates and charges, payments, and transfers of property or other assets.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13654. The terms and conditions for the annexation of territory to a special district may provide, among other things, for the payment of taxes within the territory to be annexed in addition to the taxes elsewhere in this division provided for, the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere within the special district, the making of a payment or payments, or the transfer of property, real and personal, and other assets to the district by the territory proposed to be annexed. (Enacted by Stats. 1951, Ch. 764.)
13655.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A notice fixing the time and place for an annexation hearing must be published once in a newspaper of general circulation published in the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13655. Notice fixing the time and place for hearing on the question of the annexation of territory to a special district shall be published once in a newspaper of general circulation published in the district. (Enacted by Stats. 1951, Ch. 764.)
13656.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The hearing must be scheduled no earlier than 30 days and no later than 60 days after the first publication of the notice.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13656. The time for hearing shall be not less than 30 nor more than 60 days from the date of the first publication of the notice. (Enacted by Stats. 1951, Ch. 764.)
13657.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Interested persons may file written objections to the annexation before or at the hearing, and the board must hear and decide all protests and objections.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13657. At or before the hearing any person interested may file with the secretary of the district written objections to the annexation of the territory to the special district or to the inclusion of his property therein. Upon the hearing, the board shall hear and determine all protests and objections. (Enacted by Stats. 1951, Ch. 764.)
13658.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The board may adjourn the hearing, and if no protests are filed or protests are overruled and denied, it must declare the territory annexed by resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13658. The hearing may be adjourned from time to time by the board without further notice other than an order entered upon the minutes of its meeting fixing the time and place of adjournment. In the event that no protests are filed or the protests filed are overruled and denied the board shall thereupon by resolution declare the territory, or a portion thereof, annexed to the special district. (Enacted by Stats. 1951, Ch. 764.)
13659.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Annexation of territory to the special district is complete once the resolution is filed with the district secretary.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13659. From and after the date of filing of the resolution with the secretary of the district the annexation of the territory, or portion thereof, to the special district is complete. (Enacted by Stats. 1951, Ch. 764.)
13660.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

An annexation to a special district cannot dissolve or end the legal existence of any public agency in the annexed area.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13660. No annexation to a special district shall operate to dissolve or terminate the legal existence of any public agency within or partly within the territory annexed. (Enacted by Stats. 1951, Ch. 764.)
13661.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After annexation, the annexed territory must bear its share of existing district debt, and the board must levy taxes, tolls, or charges needed to carry out the annexation terms.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 8. Annexation [13651 - 13661] ( Article 8 enacted by Stats. 1951, Ch. 764. ) ## 13661. From and after the date of annexation any territory annexed to a special district is liable for payment of its proportionate share of any indebtedness then existing and payable by the special district. From and after the date of annexation the board shall levy upon all of the property in the territory annexed such taxes, tolls, or charges as are necessary to comply with the terms and conditions of annexation, in addition to any other district taxes authorized elsewhere in this division to be levied and collected. (Enacted by Stats. 1951, Ch. 764.)
13691.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 9. Dissolution [13691- 13691.] ( Article 9 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A special district may be dissolved by board resolution if a bonded-indebtedness proposition fails, the district has no other debt or liability under this division, and it has been organized for at least two years.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Special District for Sewage Disposal or Solid Waste Resource Recovery [13451 - 13691] ( Heading of Chapter 8 amended by Stats. 1977, Ch. 128. ) ## ARTICLE 9. Dissolution [13691- 13691.] ( Article 9 enacted by Stats. 1951, Ch. 764. ) ## 13691. A special district may be dissolved by resolution of the board if any proposition for the incurring of a bonded indebtedness fails to carry, and if the special district is then subject to no other indebtedness or liability pursuant to this division and has been organized for not less than two years. Such dissolution of the special district shall not prevent subsequent proceedings for the creation of a special district including the same or any part of the area of the special district dissolved. (Enacted by Stats. 1951, Ch. 764.)
13801.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

A public agency outside a district’s boundaries may be annexed to the district under this chapter or under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13801. Any public agency not included within the boundaries of a district may be annexed to the district in the manner provided in this chapter or in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of the Government Code). When proceedings for an annexation are taken pursuant to this chapter, only the provisions of this chapter shall apply to that annexation. (Amended by Stats. 2005, Ch. 347, Sec. 11. Effective January 1, 2006.)
13802.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The legislative body of the public agency being annexed must sign a written agreement with the board on the annexation terms and conditions.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13802. The legislative body of the public agency proposed to be annexed shall agree in writing with the board upon the terms and conditions of annexation, which agreement (among other things) may provide for any of the terms and conditions authorized by the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). The corporate boundaries of the public agency to be annexed need not be coterminous with any election precincts. (Amended by Stats. 1965, Ch. 2043.)
13802.5.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Annexation terms may include taxes, rates, charges, payments, or transfers of property or assets to the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13802.5. The terms and conditions of annexation may provide, among other things, for the levy and payment of taxes within the territory to be annexed in addition to the taxes authorized elsewhere in this division, for the fixing of rates, rentals, and charges differing from those fixed or existing elsewhere within the district, or for the making of one or more payments, or the transfer of real or personal property or other assets to the district by the public agency. Such payments may be either for the acquisition, transfer, use or right to use all or any part of the existing property of the district or for installation and construction of facilities and equipment required to serve the annexed territory. (Added by Stats. 1971, Ch. 507.)
13803.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After the required parties concur on annexation terms, the secretary or clerk of the public agency to be annexed must file a certified copy of the proposed agreement with the executive officer of the local agency formation commission.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13803. After the legislative body of the public agency and the board have concurred upon the proposed terms and conditions, the secretary or clerk of the public agency to be annexed shall file a certified copy of the proposed agreement with the executive officer of the local agency formation commission. (Added by Stats. 1965, Ch. 2043.)
13804.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After the proposed agreement is filed with the executive officer, the local agency formation commission must handle the proceedings under the referenced state procedure. If the commission approves the proposed annexation and agreement, the public agency’s board and legislative body must complete the annexation proceedings, subject to the commission’s resolution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Annexation Agreement [13801 - 13804] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 13804. After the filing of the proposed agreement with the executive officer, proceedings thereon shall be taken by the local agency formation commission in the manner and subject to the provisions of Part 4 (commencing at Section 56250, Government Code) of the District Reorganization Act of 1965. If the proposed annexation and agreement are approved by the commission, with or without amendment, wholly, partially or conditionally, it shall be mandatory for the board and the legislative body of the public agency to complete the proceedings for such annexation, subject to compliance with the commission’s resolution making determinations. (Added by Stats. 1965, Ch. 2043.)
13821.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

An agreement becomes effective and binding on the district and the public agency when approved as required by this chapter.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13821. The agreement shall become effective and be binding upon the district and the public agency when approved in the manner set forth in this chapter. After receipt of the resolution of the local agency formation commission making determinations, the board shall by ordinance setting forth the agreement at length declare its intention of causing it to be executed by the district. (Amended by Stats. 1965, Ch. 2043.)
13822.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The ordinance and hearing notice must be published once in a newspaper of general circulation in the district, and the hearing must be set between 30 and 60 days after first publication.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13822. The ordinance, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published in the district. The time fixed for the hearing shall be not less than 30 nor more than 60 days from the date of the first publication of the ordinance. (Enacted by Stats. 1951, Ch. 764.)
13823.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

At the hearing, any interested person may file written objections with the board about executing the agreement.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13823. At the hearing any person interested may file with the board written objections to the execution of the agreement. (Enacted by Stats. 1951, Ch. 764.)
13824.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

At the hearing, the board must decide whether the agreement will be carried out and must hear objections to it.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13824. Upon the hearing the board shall determine whether or not the agreement will be carried into execution and shall hear and determine all objections thereto. Failure of any person interested in the district or in the matter of the proposed execution of the agreement to show cause in writing pursuant to Section 13823 constitutes an assent on his part to a change in the boundaries of the district and to the execution of the agreement. (Enacted by Stats. 1951, Ch. 764.)
13825.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The board may adjourn any hearing on the agreement from time to time.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13825. Any hearing on the agreement may be adjourned from time to time by the board without further notice other than an order to be entered upon the minutes of the meeting fixing the time and place of adjournment. (Enacted by Stats. 1951, Ch. 764.)
13826.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

If there are no protests, or protests are overruled and denied, the board must approve the agreement by resolution and authorize its execution.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13826. If no protests are filed or if the protests filed are overruled and denied the board shall thereupon by resolution finally approve the agreement and authorize its execution, which shall become effective when executed by the public agency, duly authorized in the manner provided in this chapter. (Enacted by Stats. 1951, Ch. 764.)
13827.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

When the district executes the agreement, it must date it and file an executed copy with the district secretary and with the secretary or clerk of the public agency being annexed.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Approval by District [13821 - 13827] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 13827. When executed by the district the agreement shall be dated and an executed copy filed with the secretary of the district. An executed copy shall also be filed with the secretary or clerk of the public agency to be annexed. (Enacted by Stats. 1951, Ch. 764.)
13851.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After final board approval of the annexation agreement, the legislative body of the public agency to be annexed must hold an election in that public agency.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13851. At any time after the board has finally approved the agreement of annexation the legislative body of the public agency to be annexed shall cause an election to be held in the public agency to determine whether the public agency will be annexed to the district upon the terms and conditions stated in the agreement. (Enacted by Stats. 1951, Ch. 764.)
13852.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Notice of the election must be published, and it must either say where the annexation agreement can be inspected or print the agreement’s terms and conditions in full.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13852. Notice of election shall be published as provided in Section 11534 and shall either state that a copy of the annexation agreement is on file in the office of the secretary or clerk of the public agency proposed to be annexed, and open to the inspection of all persons interested, or set forth the terms and conditions of the agreement of annexation at length, in the discretion of the legislative body calling the election. (Amended by Stats. 1953, Ch. 808.)
13853.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

Election ballots must include the standard state and county ballot instructions and must also state the annexation proposition in substantially the form given.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13853. The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and in addition shall set forth the proposition of annexation substantially as follows: Shall the ________ (public agency) be annexed to _______ municipal utility district in accordance with and subject to all of the terms and conditions of an agreement of annexation dated ________ now on file in the office of the clerk (or secretary) of ________ (public agency)? YES NO (Enacted by Stats. 1951, Ch. 764.)
13854.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

An annexation is approved if a majority of votes are cast in favor, but if the annexation agreement includes assumption of district indebtedness by a proposed city, approval requires a two-thirds vote.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13854. If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the annexation, the proposition and all of the terms and conditions of the agreement of annexation shall be deemed carried and approved by the voters; except that if the terms and conditions of the agreement of annexation provide for the assumption of any indebtedness of the district by any city proposed to be annexed, the proposition of annexation shall not be deemed carried unless approved by the vote of two-thirds of all the voters voting on the proposition at the election. (Enacted by Stats. 1951, Ch. 764.)
13855.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

If the proposition does not pass, the result must be entered in the minutes of the public agency’s governing body.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13855. If the proposition fails to carry, the result shall be entered upon the minutes of the governing body of the public agency. (Enacted by Stats. 1951, Ch. 764.)
13856.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

If the proposition passes by the requisite majority, the public agency’s governing body must record the election result in its minutes and have the annexation agreement executed by its authorized officers.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Approval by Public Agency [13851 - 13856] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 13856. If the proposition receives the vote of the requisite majority of voters the governing body of the public agency shall enter in its minutes an order declaring the result of the election and shall thereupon cause the agreement of annexation to be executed by its duly authorized officers. (Enacted by Stats. 1951, Ch. 764.)
13886.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Establishment of Annexation [13886- 13886.] ( Article 4 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After receiving a properly executed annexation agreement, the district board must pass a resolution declaring the public agency annexed, and the district secretary must make the required filings.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Establishment of Annexation [13886- 13886.] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 13886. Upon receipt by the district of a copy of the agreement of annexation properly executed by the district and the public agency proposed to be annexed the board shall pass a resolution declaring the public agency annexed to the district. Thereupon the secretary of the district shall make the filings provided for in Chapter 8 (commencing at Section 56450, Government Code) of Part 5 of the District Reorganization Act of 1965. The annexation shall be complete and effective on the dates specified in said Chapter 8. (Amended by Stats. 1965, Ch. 2043.)
13911.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Annexation of Territory Annexed to Public Agencies [13911 - 13912] ( Article 5 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The city clerk must file a certified annexation document with the district secretary, and the district must file any written objections within 90 days or the territory is treated as annexed to the district.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Annexation of Territory Annexed to Public Agencies [13911 - 13912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13911. Upon the completion of the annexation of any territory in accordance with law to any city included in the district the city clerk shall file with the secretary of the district a certified copy of the ordinance, resolution or other document completing said annexation, containing a description of the territory so annexed. Unless the district within 90 days after such filing shall file with the city clerk the district’s written objections to the annexation of said territory, or to a specified portion or portions thereof, to the district, said territory, or such portion or portions thereof to which the district does not object as aforesaid, shall upon the termination of said period be deemed incorporated into and annexed to the district, and thereafter is subject to taxation, along with the entire territory of the district in accordance with the assessable valuation of the property thereof, for general district purposes, and for the payment of any indebtedness theretofore or thereafter incurred by the district. Any such objection filed with the city clerk by the district as to a portion or portions of said territory shall describe such portion or portions. (Amended by Stats. 1961, Ch. 432.)
13912.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Annexation of Territory Annexed to Public Agencies [13911 - 13912] ( Article 5 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

The district may withdraw its annexation objections before the 90-day period ends by filing a certified board resolution with the city clerk, and the resolution must describe the portion or portions involved.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Annexation of Territory Annexed to Public Agencies [13911 - 13912] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 13912. If the district shall file its objections in the manner aforesaid to the annexation of said territory or any specified portion or portions thereof to the district, said territory, or the portion or portions thereof so objected to, shall not be annexed to the district except in the manner provided in the District Reorganization Act of 1965 (commencing at Section 56000, Government Code). Prior to the expiration of the 90 day period referred to in Section 13911, the district may from time to time withdraw such objections to the annexation of said territory or any specified portion or portions thereof by filing with the city clerk a certified copy of a resolution or resolutions of the board stating that such objections to the annexation of said territory or any specified portion or portions thereof are withdrawn. Thereupon said territory, or the portion or portions as to which such objections are so withdrawn, shall be deemed incorporated into and annexed to the district as provided in Section 13911. Any such resolution or resolutions filed with the city clerk withdrawing the district’s objections to the annexation of a portion or portions of said territory shall describe such portion or portions. (Amended by Stats. 1965, Ch. 2043.)
13931.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Effect of Annexation [13931 - 13932] ( Article 6 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

After annexation, the board must levy taxes, tolls, or charges on all property in the annexed public agency to fund assumed indebtedness or meet the annexation agreement.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Effect of Annexation [13931 - 13932] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 13931. From and after the date of annexation the board shall levy upon all of the property in the public agency annexed such taxes, tolls, or charges as are necessary to provide funds for the payment of the indebtedness assumed by the public agency or otherwise necessary to comply with the terms and conditions of the annexation agreement, all in addition to the general district taxes authorized elsewhere in this division to be levied and collected. (Enacted by Stats. 1951, Ch. 764.)
13932.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Effect of Annexation [13931 - 13932] ( Article 6 enacted by Stats. 1951, Ch. 764. )
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Annexation of a public agency to a district does not dissolve or terminate the agency’s legal existence.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 9. Annexation of Public Agencies [13801 - 13932] ( Chapter 9 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 6. Effect of Annexation [13931 - 13932] ( Article 6 enacted by Stats. 1951, Ch. 764. ) ## 13932. No annexation of a public agency to a district shall operate to dissolve or terminate the legal existence of the public agency annexed. (Enacted by Stats. 1951, Ch. 764.)
14.
## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. )
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This section says that “shall” means mandatory and “may” means permissive.

## Public Utilities Code - PUC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1951, Ch. 764. ) ## 14. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1951, Ch. 764.)
1401.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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In this chapter, “lands, property, and rights” also means a part or portion of them.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1401. As used in this chapter, “lands, property, and rights” includes a part or portion thereof. (Enacted by Stats. 1951, Ch. 764.)
1402.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
Verify source ↗

This section defines “political subdivision” for this chapter.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1402. As used in this chapter, “political subdivision” means a county, city and county, city, municipal water district, county water district, irrigation district, public utility district, or any other public corporation. (Enacted by Stats. 1951, Ch. 764.)
140280.
## Public Utilities Code - PUC ## DIVISION 13.1. SANTA CLARA COUNTY TRAFFIC AUTHORITY [140280- 140280.] ( Division 13.1 added by Stats. 1996, Ch. 791, Sec. 1. )
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After the authority’s repeal and termination, tax collection and related enforcement are preserved, the authority may assign the revenue right after notice, and the transit district receives the revenue if no assignment is made.

## Public Utilities Code - PUC ## DIVISION 13.1. SANTA CLARA COUNTY TRAFFIC AUTHORITY [140280- 140280.] ( Division 13.1 added by Stats. 1996, Ch. 791, Sec. 1. ) ## 140280. (a) The repeal of Division 13 (commencing with Section 140000), and the termination of the Santa Clara County Traffic Authority, do not impair either the validity of any transactions and use tax imposed by the authority prior to its termination, or the power or obligation of the State Board of Equalization to administer the collection of the tax, including audits and prosecutions related to the tax. Upon notice to the State Board of Equalization, given in accordance to the notice procedures specified in the Agreement for the State Administration of District Transactions and Use Taxes executed between the Santa Clara County Traffic Authority and the board, the authority may assign and sell to another legal entity the right to receive the revenue derived from the tax and determined by the State Board of Equalization to be available for transmittal. The State Board of Equalization shall be bound by that assignment upon the required notice. If the authority does not assign the right to receive the revenue derived from the tax, the revenue shall be transmitted to the Santa Clara County Transit District. All revenue transmitted to the Santa Clara County Transit District pursuant to this section shall be expended solely for purposes authorized by Division 13 (commencing with Section 140000) prior to the repeal of that division. The right to receive the assigned revenues shall be limited to the receipt thereof, and shall not extend to any audit privileges or access to confidential information of the State Board of Equalization. (b) Notwithstanding Chapter 6 (commencing with Section 57450) of Part 5 of Division 3 of Title 5 of the Government Code, upon termination of the Santa Clara County Traffic Authority, the Santa Clara County Transit District shall be the successor for purposes of winding up the affairs of the traffic authority. (Added by Stats. 1996, Ch. 791, Sec. 1. Effective September 24, 1996.)
1403.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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A political subdivision may file certain petitions with the commission at any time.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1403. Any political subdivision may, at any time, file with the commission either a petition of the first class, setting forth the intention of the political subdivision to acquire under eminent domain proceedings, or otherwise, the lands, property, and rights of any character whatsoever of any public utility or a petition of the second class, setting forth the intention of the political subdivision to initiate such proceedings as may be required under the law governing the political subdivision for the purpose of submitting to the voters of the political subdivision a proposition to acquire under eminent domain proceedings, or otherwise, the lands, property, and rights of any character whatsoever of any public utility. (Amended by Stats. 1974, Ch. 489.)
1404.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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A political subdivision filing this petition must include specified property and owner information, ask the commission to set just compensation, sign and verify the petition, and file extra copies at filing.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1404. Each such petition shall contain the name of the political subdivision appearing as petitioner therein, a description of the lands, property, and rights which the political subdivision intends to acquire, and the names and addresses of all owners and claimants thereof, including each trustee and mortgagee under each deed of trust and mortgage, if known, or a statement that they are unknown. The petition shall pray that the commission fix the just compensation which shall be paid by the political subdivision, under the law, for such lands, property and rights. The petition shall be signed in the name of the political subdivision and verified by the chairman or other presiding officer or by the secretary or clerk of the legislative or other governing body of the political subdivision. At the time the petition is filed, the petitioner shall also file with the commission additional copies thereof equivalent in number to three more than the number of owners and claimants named in the petition. (Enacted by Stats. 1951, Ch. 764.)
1405.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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After a petition is filed, the commission must issue an order to show cause and have it served on each owner and claimant.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1405. Upon the filing of the petition the commission shall make its order to show cause. The order shall specify the nature of the proceeding, contain a general description of the lands, property, and rights which petitioner desires to acquire by condemnation or otherwise, and direct the owners and claimants named in the petition, who shall also be named in the order, to appear before the commission at a time and place specified in the order, to show cause, if any they have, why the commission should not proceed to hear the petition and to fix the just compensation to be paid for the lands, property, and rights. The order shall direct the executive director of the commission to serve or cause to be served upon each owner and claimant a copy of the order certified under the seal of the commission to which shall be attached a copy of the petition. (Amended by Stats. 1978, Ch. 380.)
1405.1.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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This section sets procedures for water corporations and water companies in condemnation or just-compensation proceedings.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1405.1. With respect to water corporations and water companies, the following procedures shall apply: (a) Upon the filing of the petition, the commission shall make its order to show cause. The order shall specify the nature of the proceeding, contain a general description of the lands, property, and rights which petitioner desires to acquire by condemnation or otherwise, and direct the owners and claimants named in the petition, who shall also be named in the order, to appear before the commission at a time and place specified in the order and to show cause, if any they have, why the commission should not proceed to hear the petition and to fix the just compensation to be paid for the lands, property, and rights. The order shall direct the executive director of the commission to serve or cause to be served upon each owner and claimant a copy of the order certified under the seal of the commission to which shall be attached a copy of the petition. (b) In response to the order to show cause, in response to a petition of the first class, as specified in Section 1403, the respondent public utility, or the owners of more than one-half interest in the public utility, may present the commission with a certified copy of a filed motion to the superior court where the utility property is located to take jurisdiction of the matter. When presented the motion before, or at the time of, the hearing on the order to show cause, the commission shall dismiss the proceeding. The superior court shall then grant the motion to take jurisdiction of the matter. The political subdivision may then file, within 60 days of the court’s granting the motion, an action in eminent domain pursuant to the Code of Civil Procedure and any further proceedings shall be conducted pursuant to those provisions. (c) All proceedings held pursuant to either subdivision (b) or (d) shall be given priority over all civil cases in accordance with Section 1260.010 of the Code of Civil Procedure. (d) In response to an order to show cause in response to a petition of the second class, as specified in Section 1403, and upon presentation of the motion specified in subdivision (b), the commission shall suspend the proceeding, but shall not dismiss the proceeding. The superior court shall then grant the motion to take limited jurisdiction of the matter solely for the purpose of determining the amount of just compensation. The political subdivision may then file, within 30 days, an action in the nature of eminent domain, solely for the purpose of determining, pursuant to the Evidence Code and the Code of Civil Procedure, the just compensation to be paid for the land, property, and rights. Upon a determination of just compensation, the court shall certify the finding to the commission. The finding shall not be appealable, and the court shall be acting as an agent of the commission in making the finding. The finding shall be binding on the commission as if it had been made by the commission itself pursuant to Section 1411. The commission shall then continue the matter pursuant to this chapter. (e) If the respondent public utility, or the owners of more than one-half interest in the public utility, in the case of a petition of either the first or second class, files a motion to remove the matter from the commission to superior court pursuant to this section, the commission and the court shall not make an award of any litigation expenses incurred prior to the commission’s dismissal or suspension of the matter. (f) Notwithstanding any other provision of law, the date of valuation for purposes of just compensation shall be fixed by the superior court as of the day on which the court grants the motion filed by the public utility pursuant to subdivision (b) or (d). (g) A political subdivision is liable only as provided in Sections 1414 and 1415 for payment of the reasonable expenditures of the owner in any proceeding initiated pursuant to subdivision (d). For purposes of this subdivision, the proceeding before the commission, as used in Section 1415, includes any proceedings conducted pursuant to subdivision (d). (h) The amendments made to this section by Assembly Bill 616 during the 1987 portion of the 1987–88 Regular Session of the Legislature shall not apply to or affect any petition filed pursuant to this section before January 1, 1988. (Amended by Stats. 1989, Ch. 1360, Sec. 132.)
14051.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Annexation of Unincorporated Territory [14051 - 14052] ( Heading of Chapter 10 renumbered from Chapter 11 (1st of two in Stats. 1951, Ch. 764) by Stats. 1953, Ch. 808. )
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Unincorporated territory may be annexed to a district under the process set out in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Annexation of Unincorporated Territory [14051 - 14052] ( Heading of Chapter 10 renumbered from Chapter 11 (1st of two in Stats. 1951, Ch. 764) by Stats. 1953, Ch. 808. ) ## 14051. Unincorporated territory may be annexed to a district in the manner provided in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of the Government Code). (Amended by Stats. 2005, Ch. 347, Sec. 12. Effective January 1, 2006.)
14052.
## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Annexation of Unincorporated Territory [14051 - 14052] ( Heading of Chapter 10 renumbered from Chapter 11 (1st of two in Stats. 1951, Ch. 764) by Stats. 1953, Ch. 808. )
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A district may not annex unincorporated territory that is not contiguous to the district if it does not have facilities to supply utility service there.

## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 10. Annexation of Unincorporated Territory [14051 - 14052] ( Heading of Chapter 10 renumbered from Chapter 11 (1st of two in Stats. 1951, Ch. 764) by Stats. 1953, Ch. 808. ) ## 14052. Unincorporated territory not contiguous to a district may not be annexed if the district does not possess facilities for supplying utility service to that territory. (Enacted by Stats. 1951, Ch. 764.)
1406.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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An order to show cause must be served under the Code of Civil Procedure or by certified, sealed mail with the petition attached, sent to each owner or claimant at the petition address.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1406. Service of the order to show cause shall be made in accordance with the provisions of the Code of Civil Procedure or by depositing a copy of the order to show cause certified under the seal of the commission with a copy of the petition attached thereto, in the United States mail, enclosed in a sealed envelope, registered, with postage prepaid, addressed to each of the owners or claimants, at the address specified in the petition. (Enacted by Stats. 1951, Ch. 764.)
1407.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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If an owner or claimant cannot be found or is outside the state, the commission may order service by publication, and the secretary must mail a copy of the order and petition in some cases.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1407. If any owner or claimant named in the petition resides out of the State or has departed from the State or cannot after due diligence be found within the State, or conceals himself to avoid service, or is a corporation having no managing or business agent, cashier or secretary or other officer upon whom summons may be served, who, after due diligence, can be found within the State, and the fact appears by affidavit to the satisfaction of the commission, and it also appears by such affidavit or by the petition that a cause of action exists against the owner or claimant on whom the service is to be made or that he is a necessary or proper party to the proceeding, the commission shall make an order that the service be made on such owner or claimant by publication of the commission’s order to show cause. The order shall direct that the publication be made in a newspaper designated by the commission as likely to give notice to the person to be served, and for such time as the commission finds to be reasonable, at least once a week, but publication against an owner or claimant residing out of the State or absent therefrom shall not be less than two months. If the address of any owner or claimant, as stated in the petition, is out of the State, the secretary of the commission shall, within 15 days after the making and filing of the order to show cause, deposit or cause to be deposited a copy of that order, certified under the seal of the commission, with a copy of the petition attached thereto, in the United States mail, enclosed in a sealed envelope, registered, with postage prepaid, addressed to such owner or claimant at the address specified in the petition. When publication is ordered, personal service of a copy of the order to show cause and of the petition out of the State is equivalent to publication and deposit in the United States mail. (Enacted by Stats. 1951, Ch. 764.)
1408.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The commission’s executive director must serve written hearing notice on the petitioner within 10 days before the first hearing, and the hearing must be set at least 30 days after the petition is filed.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1408. Within 10 days prior to the time set for the first hearing on the petition, which time shall be not less than 30 days after the filing of the petition, the executive director of the commission shall serve or cause to be served upon the petitioner a written notice specifying the time and place of the hearing. In all respects not in this chapter otherwise specified, service and the proof of service shall be made as provided by the Code of Civil Procedure. Upon the completion of service upon the petitioner or upon any owner or claimant named in the petition, the commission shall have full and complete jurisdiction over such petitioner, owner, or claimant, with full and complete jurisdiction, insofar as such petitioner, owner, or claimant is concerned, to make each finding referred to in this chapter. The failure to make service upon any person alleging that he is an owner or claimant but not named in the petition shall in no way affect the jurisdiction of the commission over owners and claimants on whom service has been made. (Amended by Stats. 1979, Ch. 373.)
1409.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The commission must hold a hearing on the petition at the stated time and place, or another time and place it orders for good cause. The political subdivision must pay the extra costs the commission directs, and the commission may suspend further proceedings if payment is not made.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1409. At the time and place specified in the order to show cause, or at such other time and place as, for good cause, is otherwise ordered by the commission, the commission shall proceed to a hearing on the petition. At such times and in such amounts as is directed by the commission, the political subdivision shall pay to the commission all extra costs as determined by the commission, which the commission incurs to comply with the requirements of this chapter, and if such amounts are not paid by the political subdivision as directed by the commission, the commission may suspend further proceedings on the petition. Evidence may be presented by the political subdivision, by each owner or claimant named in the petition, and by the commission. (Enacted by Stats. 1951, Ch. 764.)
1410.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The commission may authorize amendments to the petition before it files its just-compensation finding.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1410. The commission may, at any time subsequent to the filing of the petition, and prior to making and filing its finding as to just compensation, authorize the amendment of the petition by altering or modifying the description of the lands, property, and rights, or by adding to or deducting from the lands, property, and rights, and in each other respect including jurisdictional allegations. (Enacted by Stats. 1951, Ch. 764.)
141000.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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This section defines key terms used in Division 14, including the authority, board, district, and district board.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141000. For purposes of this division, the following terms have the following meanings: (a) The “authority” is the Coachella Valley Intermodal Transportation Authority and its 11 districts created under this division. (b) The “board” is the board of directors of the authority, appointed under Section 141010. (c) The “district” may be any of the following: (1) The incorporated boundary of any one of the Coachella Valley members of the Coachella Valley Association of Governments. (2) The unincorporated area of Riverside County within the Coachella Valley. (3) The incorporated boundary of the City of Blythe. (d) The “district board” is the legislative body of the district. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141005.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The Authority is created and given broad powers to govern, operate transportation functions, manage property, set fees, obtain funds, issue tax-exempt revenue bonds, and spend money to carry out its purposes.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141005. The Coachella Valley Intermodal Transportation Authority is hereby created to serve as the governing agency for its 11 separate districts, recognized in that capacity by the Coachella Valley Association of Governments, the Riverside County Transportation Commission, and the United States Department of Transportation, for the following purposes: (a) Serving as the primary authority for managing and operating intermodal passenger transportation and related infrastructure. (b) Serving as the primary authority for intermodal less-than-carload freight transportation and related infrastructure within the Coachella Valley and eastern Riverside County. (c) Serving as the primary authority for facilities and services and related infrastructure. (d) Establishing, maintaining, and operating an independent political and administrative structure by which to implement passenger and freight transportation initiatives. (e) Completing planning and environmental studies to ascertain project feasibility. (f) Being available for designation as the lead agency for purposes of environmental review, entitlement permitting, and public participation. (g) Acquiring, by grant, purchase, condemnation, gift, devise, or lease, and holding, using, selling, leasing or disposing of, any real and personal property necessary for the full exercise, or convenient or useful for the carrying on of, any of the authority’s powers. (h) Fixing rates, parking fees, charges, or rents for the use of any facilities acquired, constructed, operated, or maintained by the authority or any of its districts, and modifying the same at its pleasure, subject to any contractual obligation that may be entered into by the authority with respect to the fixing of those rates, fees, charges, or rents. (i) Obtaining funds for, and sustaining the planning, development, maintenance, and operation of, the Coachella Valley and City of Blythe Intermodal Transportation Center. (j) Accepting gifts, subventions, grants, rebates, and subsidies from any source. (k) Entering into indentures. (l) Issuing tax-exempt revenue bonds and coupons. (m) Spending moneys and incurring indebtedness to fulfill its purposes. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141010.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The authority is governed by the Executive Committee of the Coachella Valley Association of Governments, and a district is governed by the elected legislative body of that political entity.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141010. (a) The authority shall be governed by the Executive Committee of the Coachella Valley Association of Governments. (b) A district shall be governed by the elected legislative body of that particular political entity. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141015.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The board and all district boards must elect officers, oversee and regulate facilities and operations, enter necessary contracts, and conduct an annual audit.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141015. The board and all district boards shall do all of the following: (a) Elect a chairperson, vice chairperson, and secretary. (b) Supervise and regulate all facilities owned by, and all operations of, the authority or the district, whichever is applicable. (c) Enter into contracts necessary for the full exercise of the power of the authority or district. (d) Conduct an annual audit of all accounts of the authority or district. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141020.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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Board and district board meetings must be conducted under Chapter 9 of the Government Code.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141020. All meetings of the board or the district boards shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141025.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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Officers and employees of the authority or any district must not have an interest in contracts awarded by the board or district boards, or in the profits from those contracts, if that interest would violate the cited Government Code provision.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141025. No officer or employee of the authority or any district shall in any manner be interested, directly or indirectly, in any contract awarded, or to be awarded by, the board or district boards, or in the profits to be derived therefrom contrary to the provisions of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141040.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The authority and districts may issue revenue bonds for division purposes, but outstanding bonds are capped at $100 million per district at any one time.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141040. (a) The authority or any of the districts, either in conjunction with the authority or any other of the districts or individually, may issue general and special revenue bonds for the acquisition, construction, or completion of any works, equipment, materials, supplies, properties, or structures necessary or convenient to carry out the objects and purposes of this division. (b) The total amount of bonds outstanding shall not be in excess of one hundred million dollars ($100,000,000) at any one time per district. (c) Each separate improvement shall be designated as a “project” and the purpose, nature, and extent thereof shall be described in general terms prior to the issuance of any bonds. (d) The validity of the authorization and issuance of any revenue bonds by the authority or the districts is not dependent on nor affected in any way by any of the following: (1) Proceedings taken by the authority or the districts for the acquisition, construction, or completion of any improvement or any part thereof. (2) Any contracts made by the authority or the districts for the acquisition, construction, or completion of any improvements. (3) The failure to complete any improvements for which bonds are authorized to be issued. (e) The authority or any district shall issue revenue bonds in its name only. These bonds shall constitute obligations of the authority or district only, and neither the payment of principal or interest of any bond constitutes a debt, liability, or obligation of the State of California. The authority or district shall determine the time, form, and manner of the issuance of revenue bonds. (f) The authority or the districts may enter into indentures providing the aggregate principal amount, date or dates, maturities, interest rate, denomination, form, registration transfer, and interchange of the bonds and coupons and the terms and conditions upon which the bonds and coupons shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference to this division shall be made on the face of the bonds to those indentures by its date of adoption, or the apparent date, on the face thereof and into the body of these bonds and their appurtenant coupons. Each taker and subsequent holder of these bonds or coupons, whether the coupons are attached or detached from the bonds, has recourse to all of the provisions of the indenture and of this division, and is bound thereby. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141045.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The authority may acquire and use transportation facilities and related infrastructure, and the authority or districts may acquire joint-use rights, but installations on public-use property need consent from the governing body in charge.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141045. (a) The authority may acquire, construct, own, operate, control, or use right-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals, and any and all other facilities, equipment, and infrastructure necessary and convenient to provide intermodal transportation services, together with all physical structures necessary or convenient for the access of persons and vehicles thereto. (b) The authority or districts may acquire any interest in, or rights to, the joint use of any or all of the things listed in subdivision (a). However, installations in any street, road, or other property devoted to a public use shall be subject to consent of the governing body in charge of that public use. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
141050.
## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. )
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The authority and the districts must not interfere with or control certain transit facilities in the district unless the city or public agency consents and the terms are mutually agreed.

## Public Utilities Code - PUC ## DIVISION 14. COACHELLA VALLEY INTERMODAL TRANSPORTATION AUTHORITY [141000 - 141050] ( Division 14 added by Stats. 1998, Ch. 486, Sec. 2. ) ## 141050. The authority or the districts shall not interfere with, or exercise any control over, any transit facilities now or hereafter owned and operated wholly or partially within the district by any city or public agency, unless by consent of the city or public agency, and upon any terms that are mutually agreed upon between the board and the city or public agency. (Added by Stats. 1998, Ch. 486, Sec. 2. Effective January 1, 1999.)
1411.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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After a proceeding is submitted, the commission must issue a written finding setting just compensation in one amount to be paid by the political subdivision for the lands, property, and rights.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1411. When the proceeding has been submitted, the commission shall make and file its written finding fixing, in a single sum, the just compensation to be paid by the political subdivision for the lands, property, and rights. If the commission finds that severance damages should be paid, the just compensation for such damages shall be found and stated separately. The just compensation shall be fixed by the commission as of the day on which the petition was filed with the commission. (Enacted by Stats. 1951, Ch. 764.)
1412.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The owner may file a stipulation within 20 days after the commission’s finding, and then the political subdivision must move promptly to provide funds and complete the conveyance process.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1412. Within 20 days after the commission has made and filed its finding, the owner of the lands, property, and rights may file with the legislative or other governing body of the political subdivision a written stipulation consenting and agreeing to accept the just compensation fixed by the commission. Upon the filing of the stipulation, the political subdivision shall proceed with all due diligence to provide the necessary funds under the law governing the providing of such funds, for paying the just compensation fixed by the commission. Whenever the just compensation has been tendered by the political subdivision, a deed of grant, bargain, and sale conveying the owner’s right, title, and interest in and to the lands, property, and rights to the political subdivision shall be executed and delivered by the owner, and the other claimants who have any right, title, or interest in the property shall execute appropriate instruments conveying or releasing to the political subdivision their respective rights, titles, and interests therein. If the deed or the instruments of convenience or release are not executed and delivered within 60 days after such tender has been made, the political subdivision may commence an action in a court of competent jurisdiction or proceed under Section 1413. (Enacted by Stats. 1951, Ch. 764.)
1413.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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If the owner does not file a stipulation within 20 days, the political subdivision must move forward with eminent domain proceedings within the stated time limits.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1413. In the case of a petition of the first class, if the owner does not file the stipulation within such 20 days, the political subdivision, within 60 days after the commission has made and filed its finding, shall commence an action in a court of competent jurisdiction to take such lands, property, and rights, under eminent domain proceedings. In the case of a petition of the second class, if the owner does not file the stipulation within such 20 days, the political subdivision, within 60 days after the commission has made and filed its finding, shall initiate proceedings for the purpose of submitting to its voters a proposition to acquire under eminent domain proceedings the lands, property, and rights. The political subdivision shall not be required, in either case, to delay for more than 20 days after the commission has made and filed its finding, before commencing such further proceedings. In the case of a petition of the second class, if the voters of the political subdivision, as provided by the law governing the political subdivision, vote in favor of any proposition to acquire under eminent domain proceedings, or otherwise, such lands, property, and rights, the political subdivision shall, within 60 days thereafter, commence an action in a court of competent jurisdiction to take such lands, property, and rights, under eminent domain proceedings, unless the owner has filed with the political subdivision a written stipulation consenting and agreeing to accept the just compensation fixed by the commission. (Enacted by Stats. 1951, Ch. 764.)
1414.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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If the political subdivision misses certain deadlines, the owner may file a verified petition with the commission, and the commission must give notice and hold a show-cause process.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1414. If the political subdivision, in a petition of the first class, fails to file such action in a court of competent jurisdiction within such period of 60 days after the commission has made and filed its finding, or if the political subdivision, in a petition of the second class, fails to proceed diligently to submit the proposition to its voters or fails, if its voters have voted in favor of the acquisition of the lands, property, and rights, to file such action in a court of competent jurisdiction within 60 days thereafter, the owner of such lands, property, and rights may file with the commission a verified petition in writing setting forth that fact. The petition may also set forth in detail the expenditures which the owner has necessarily incurred in the proceeding before the commission. The commission shall thereupon cause written notice, with a copy of the owners’ petition attached thereto, to be served upon the political subdivision, to appear before the commission at a time and place specified in the notice, to show cause why an order should not be made by the commission (a) finding that the political subdivision has failed to pursue diligently its rights, (b) determining that the finding as to just compensation shall no longer be of any force or effect, and (c) determining the reasonable expenditures necessarily incurred by the owner which, in the opinion of the commission, should be assessed against the political subdivision. The time specified in the notice shall be not less than 10 days subsequent to the date of service. (Enacted by Stats. 1951, Ch. 764.)
1415.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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If the political subdivision misses the required steps or deadlines, the commission must issue an order and decide the owner’s reasonable expenditures, and the owner may sue for that amount.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1415. If the commission determines that the political subdivision, in case of a petition of the first class, has failed to commence the action in a court of competent jurisdiction within 60 days after the commission has made and filed its finding of just compensation, or that the political subdivision, in case of a petition of the second class, has failed to proceed diligently to submit the proposition to its voters or has failed, after its voters have voted in favor of the acquisition of the lands, property or rights, to file such action in a court of competent jurisdiction within 60 days thereafter, the commission shall make and file its order declaring that such finding shall no longer be of any force or effect, and make its finding as to the reasonable expenditures necessarily incurred by the owner in the proceeding before the commission, which should be assessed against the political subdivision. The political subdivision shall thereupon be liable to the owner in the amount thus found by the commission, and the owner may thereupon maintain an action against the political subdivision for such amount in any court of competent jurisdiction. (Enacted by Stats. 1951, Ch. 764.)
1416.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The commission’s just compensation finding is final, and courts generally may not modify or review it. If the court later finds the subdivision has authority to take the property, it must enter judgment using the commission’s compensation figure, subject to possible later modification if the commission certifies a change.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1416. The finding of the commission fixing the just compensation to be paid by the political subdivision for the lands, property, and rights shall be final and shall not be subject to modification, alteration, reversal, or review by any court of this State. If the court in which the political subdivision has commenced its action, subsequent to the making and filing by the commission of its finding as to just compensation, decides that the political subdivision has the right and power under the law to take the lands, property, and rights, it shall enter a judgment in favor of the complainant in the action, fixing as the just compensation which shall be paid for the taking of the lands, property, and rights, the just compensation fixed by the commission. The judgment may include the allowance of such costs between the parties as is provided for in the law of eminent domain of this State. The judgment of the court insofar as it refers to the just compensation to be paid for the lands, property, and rights, shall be final and shall not be subject to modification, alteration, reversal, or review by any court except as specified in this chapter. The judgment of the court shall include a provision, in substance, that it is subject to modification by reason of such increase or decrease in the just compensation to be paid as may thereafter be certified to the court by the commission, as provided in this chapter. (Enacted by Stats. 1951, Ch. 764.)
1417.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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Within 30 days after judgment, the owner or the political subdivision may ask the commission to change the compensation amount, and the commission must serve notice and set a hearing.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1417. At any time within 30 days subsequent to the entry of such judgment, the owner of the lands, property, and rights may file with the commission a verified petition in writing, alleging that by reason of expenditures made by the owner subsequent to the date of the filing of the original petition with the commission, for the purpose of preserving or improving the lands, property, and rights, or by reason of other acts and occurrences subsequent to that date, the just compensation theretofore fixed by the commission should be increased, and praying that the commission make its finding increasing such compensation. At any time within 30 days subsequent to the entry of the judgment, the political subdivision may file with the commission a verified petition in writing, alleging that by reason of loss or destruction of the lands, property, and rights, or by reason of depreciation or deterioration thereof or by reason of other acts and occurrences, subsequent to the date of the filing of the original petition, the just compensation theretofore fixed by the commission should be decreased, and praying that the commission make its finding decreasing the compensation. The commission shall in each instance cause a copy of such petition or petitions to be served upon each party other than the petitioner, who was named as the political subdivision, owner, or claimant in the original proceeding before the commission, together with a written notice specifying the time and place of hearing on such petition or petitions, which time shall be within 45 days after the entry of the judgment by the court, and shall cause written notice of the time and place of the hearing to be served upon each petitioner in such petition or petitions. If both such petitions are filed, the commission may consolidate them for hearing and decision. (Enacted by Stats. 1951, Ch. 764.)
1418.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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After a hearing, the commission must file a finding on whether just compensation should be increased or decreased, and that finding is final against court review.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1418. After a hearing, the commission shall make and file its finding fixing, as of the date on which the finding is made and filed, the extent to which the just compensation theretofore fixed should be increased or decreased by reason of the matters alleged in the petition or petitions. If the claim is made that the just compensation theretofore fixed by the commission should be increased by reason of expenditures made by the owner subsequent to the date of the filing of the original petition with the commission for the purpose of preserving or improving the lands, property, and rights the commission may increase the just compensation only to the extent to which the commission determines that such expenditures were beneficial to the lands, property, and rights, and reasonably and prudently made. The finding of the commission fixing the extent to which the just compensation theretofore fixed should be thus increased or decreased shall be final and shall not be subject to modification, alteration, reversal, or review by any court of this State. (Enacted by Stats. 1951, Ch. 764.)
1419.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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The commission must send its finding to the court, the court must conform its judgment to that finding, and the modified judgment on just compensation cannot be further reviewed or changed by any court.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1419. The commission shall thereupon transmit to the court its finding, certified under the seal of the commission, fixing the extent to which the just compensation theretofore fixed by the commission shall be increased or decreased. The court shall thereupon modify its judgment so as to conform with the finding of the commission. The judgment of the court, as thus modified, insofar as it refers to the just compensation to be paid for the lands, property, and rights, shall be final and shall not be subject to modification, alteration, reversal, or review by any court. The filing of either or both the petitions specified in Section 1417 shall not act as a stay of the judgment in condemnation, but upon the payment of the just compensation fixed in the original judgment of condemnation the plaintiff in the action shall be entitled to immediate possession of the lands, property, and rights. (Enacted by Stats. 1951, Ch. 764.)
1420.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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This section sets deadlines and review steps for commission findings, rehearing petitions, and court review.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1420. (a) The provisions of this part with reference to rehearing and review shall be applicable to the findings of the commission made and filed under this chapter. Petitions for rehearing shall be filed within 20 days from the date of making and filing the finding as to which a rehearing is desired. (b) If the finding of the commission is set aside by the Supreme Court or the court of appeal of the State of California, the matter shall be referred back to the commission for further action in the proceeding before the commission, and the commission may, in taking further action, consider the entire testimony theretofore taken in the proceeding before the commission as well as further testimony presented in connection with the further action. (c) If a writ of review is issued by the Supreme Court or court of appeal of the State of California, the time within which the political subdivision shall file an action in a court of competent jurisdiction or submit the proposition to its voters shall be extended to not more than 60 days beyond the final decision of the court upon that writ. (Amended by Stats. 1996, Ch. 855, Sec. 4. Effective January 1, 1997.)
142000.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This division may be cited as the Fresno County Transportation Improvement Act.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142000. This division shall be known and may be cited as the Fresno County Transportation Improvement Act. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142001.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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The section says Fresno County has urgent transportation needs and that the public interest supports continuing the Fresno County Transportation Authority so local transportation decisions can be made quickly.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142001. The Legislature hereby finds and declares all of the following: (a) In Fresno County, regional transportation improvements and local transportation improvements and services are an immediate high priority needed to resolve the county’s transportation problems that threaten the economic viability and development potential of the county and adversely impact the quality of life therein. (b) In order to deal in an expeditious manner with current and future transportation problems, the county needs to develop and implement a local funding program that goes significantly beyond current federal and state funding which is inadequate to resolve these problems. (c) It is in the public interest to allow the voters of Fresno County to continue the Fresno County Transportation Authority so that local transportation decisions can be implemented in a timely manner to provide regional transportation improvements and to meet local transportation needs. (Amended by Stats. 2001, Ch. 474, Sec. 1. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142002.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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The Legislature states that funds generated under this division should not replace property tax revenues used for roads and transportation.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142002. It is the intent of the Legislature that funds generated pursuant to this division not replace property tax revenues which would otherwise be expended for roads and transportation purposes. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142003.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This section says the division should be interpreted broadly, and that inadvertent procedural errors do not void or invalidate the proceeding or a levy, except in cases of fraud.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142003. This division shall be liberally construed in order to effectuate its purposes. No inadvertent error, irregularity, informality, or the inadvertent neglect or omission of any officer, in any procedure taken under this division, other than fraud, shall void or invalidate that proceeding or any levy imposed to finance highway improvements or local transportation needs. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142004.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This section defines “Authority” as the Fresno County Transportation Authority created under this division in Fresno County.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142004. “Authority” means the Fresno County Transportation Authority created pursuant to this division in the County of Fresno. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142005.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This section defines “Board of supervisors” as the Fresno County Board of Supervisors.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142005. “Board of supervisors” means the Fresno County Board of Supervisors. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142006.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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“County” means the County of Fresno.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142006. “County” means the County of Fresno. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142007.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This section defines “Fresno-Clovis Metropolitan Area” as the area within the adopted spheres of influence of Fresno and Clovis, as approved and amended by the local agency formation commission.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142007. “Fresno-Clovis Metropolitan Area” means that area within the adopted spheres of influence of the Cities of Fresno and Clovis, as approved and amended by the local agency formation commission. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142008.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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This section defines “transportation planning agency” for Fresno County.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142008. “Transportation planning agency” means the Council of Fresno County Governments or any other agency which may be designated by the Governor as responsible for regional transportation planning within the county to comply with federal and state requirements. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142010.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority ends two years after the last day the authorized transactions and use tax is collected, and this division is repealed on that date.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 1. General Provisions [142000 - 142010] ( Chapter 1 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142010. The authority is terminated two years from the last day on which the transactions and use tax authorized by this division is collected and as of that date this division is repealed. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed by its own provisions. Note: Repeal affects Division 15, comprising Sections 142000 to 142277.)
142050.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. )
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The Fresno County Transportation Authority is continued in the county, subject to being repealed on the date set in Section 142010.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142050. The Fresno County Transportation Authority is hereby continued in the county, as originally created by this section. (Amended by Stats. 2001, Ch. 474, Sec. 2. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142051.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must be made up of nine members chosen in the ways listed in this section.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142051. The authority shall consist of nine members selected as follows: (a) Two members of the board of supervisors appointed by the board, consisting of one member from rural district 1, 4, or 5 and one member from urban district 2 or 3. (b) Two members representing the City of Fresno, consisting of the mayor thereof and a member of the city council of that city appointed by the city council. (c) One member representing the City of Clovis appointed by the city council of that city. (d) Two members representing the other cities within the county, consisting of one westside member appointed by a committee comprised of the mayors of each of those cities west of State Highway Route 99, and one eastside member appointed by a committee comprised of the mayors of each of those cities east of State Highway Route 99. (e) Two members of the public at large, consisting of one member appointed by the board of supervisors with the appointee residing outside of the incorporated areas of Fresno and Clovis, and one member appointed jointly by the city councils of Fresno and Clovis with the appointee residing within the incorporated area of Fresno or Clovis. (Amended by Stats. 2005, Ch. 248, Sec. 1. Effective January 1, 2006. Repealed on date prescribed in Section 142010.)
142052.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. )
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Most authority members serve two-year terms, except the Mayor of Fresno. If a non-public member stops being an elected official, they stop being a member and someone else is appointed for the rest of the term.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 2. Creation Of The Authority [142050 - 142052] ( Chapter 2 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142052. (a) Except for the Mayor of the City of Fresno, the members of the authority shall serve for a term of two years. (b) If any member other than the public member ceases to be an elected official, that member shall cease to be a member of the authority, and another member shall be appointed for the remainder of the term pursuant to Section 142051. (Amended by Stats. 2001, Ch. 474, Sec. 3. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
1421.
## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. )
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This chapter is an additional, nonexclusive procedure for acquiring utility property, and it does not repeal other state eminent-domain laws.

## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 8. Determination of Just Compensation for Acquisition of Utility Properties [1401 - 1421] ( Chapter 8 enacted by Stats. 1951, Ch. 764. ) ## 1421. The procedure provided in this chapter shall be alternative and cumulative and not exclusive, and the political subdivision shall continue to have the right to pursue any other procedure providing for the acquisition under eminent domain proceedings of the lands, property, and rights of any public utility. This chapter shall not be construed as repealing any law of this State providing for such eminent domain proceedings. (Enacted by Stats. 1951, Ch. 764.)
142100.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must elect a chairperson and vice chairperson at its first meeting and every January. The chairperson presides at meetings, the vice chairperson presides when the chairperson is absent, and members may choose a chairperson pro tempore if both are unavailable.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142100. The authority, at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairperson who shall preside at all meetings, and a vice chairperson who shall preside in his or her absence. In the event of their absence or inability to act, the members present, by an order entered into the minutes, shall select one of their members to act as chairperson pro tempore, who, while so acting, shall have all the authority of the chairperson. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142101.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must adopt rules for its proceedings, and those rules must be consistent with state law.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142101. The authority shall adopt rules for its proceedings consistent with the law of the state. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142102.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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A majority of the authority’s members is enough for a quorum, and official acts need an affirmative vote from a majority of the members.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142102. A majority of the members of the authority constitutes a quorum for the transaction of business, and all official acts of the authority require the affirmative vote of the majority of the members of the authority. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142103.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must express its acts by motion, resolution, or ordinance.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142103. The acts of the authority shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142104.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must conduct all of its meetings under Chapter 9 of the Government Code.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142104. All meetings of the authority shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142105.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must adopt a budget, create governance rules, arrange annual audits, appoint committees, and do what is needed to carry out the division.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142105. The authority shall do all the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority employees, and methods, procedures, and systems of operations and management of the authority. (c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (d) Appoint a policy advisory committee composed of one representative of each city in the county and one representative of the county. Each representative on the committee shall be an elected official. If a representative ceases to be an elected official, that representative shall cease to be a member of the committee, and another representative from that city or county, as the case may be, shall be appointed. No person shall serve on the authority and on the committee at the same time. (e) Establish a citizens oversight committee with membership, method of appointment, roles, and responsibilities in accordance with and as defined in the initial expenditure plan prepared for the purposes of the extension of the retail transactions and use tax. (f) Do any and all things necessary to carry out the purposes of this division. (Amended by Stats. 2005, Ch. 248, Sec. 2. Effective January 1, 2006. Repealed on date prescribed in Section 142010.)
142106.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may hire its own independent staff or contract with U.S. departments or agencies, or with other public agencies, to carry out this division.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142106. The authority may hire an independent staff of its own or contract with any department or agency of the United States or with any public agency to implement this division. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142107.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must set the compensation of its officers and employees.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142107. The authority shall fix the compensation of its officers and employees. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142108.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
Verify source ↗

Before the annual budget hearing, notice must be published at least 15 days in advance, and the proposed annual budget must be available for public inspection at least 15 days before the hearing.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142108. (a) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not later than the 15th day prior to the day of the hearing. (b) The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142109.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must use existing transportation planning data and expertise where possible, and it must not spend more than 1% of division-generated funds in a year on staff salary and benefits.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 3. Administration [142100 - 142109] ( Chapter 3 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142109. (a) The authority shall rely, to the extent possible, on existing state, regional, and local transportation planning and programming data and expertise, rather than on a large duplicative staff and set of plans. (b) The authority shall not expend more than 1 percent of the funds generated pursuant to this division in any year for salary and benefits of its staff. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142150.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may adopt a seal and change it whenever it wants.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142150. The authority may adopt a seal and alter it at its pleasure. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142151.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may sue and be sued in courts and tribunals of competent jurisdiction, unless another law provides otherwise.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142151. The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142152.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
Verify source ↗

Claims for money or damages against the authority are governed by Government Code Division 3.6, unless that division or other expressly applicable laws say otherwise.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142152. All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided therein, or by other statutes or regulations expressly applicable thereto. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142153.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may make contracts and stipulations, including to indemnify and hold harmless and to employ labor.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142153. The authority may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and hold harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142154.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may enter into contracts with U.S. agencies, public agencies, or any person, on terms and conditions it finds in its best interest.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142154. The authority may contract with any department or agency of the United States, with any public agency, including, but not limited to, the Department of Transportation, the Council of Fresno County Governments, or any county, city, or district, or with any person upon any terms and conditions that the authority finds in its best interest. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142155.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must award purchase contracts over $10,000 to the lowest responsible bidder after competitive bidding, unless an emergency applies.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 4. Powers and Functions [142150 - 142155] ( Chapter 4 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142155. (a) Contracts for the purchase of services, supplies, equipment, and materials in excess of ten thousand dollars ($10,000) shall be awarded to the lowest responsible bidder after competitive bidding, except in an emergency declared by the authority or by an executive committee to which the authority has delegated responsibility to make that declaration. (b) If, after rejecting bids received under subdivision (a), the authority determines and declares that, in its opinion, the services, supplies, equipment, or materials may be purchased at a lower price on the open market, the authority may proceed to purchase these services, supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142200.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 5. Transportation Coordination [142200 - 142201] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must consult and coordinate with specified county and state transportation-related bodies when seeking funding for priority regional transportation improvements.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 5. Transportation Coordination [142200 - 142201] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142200. The authority shall consult with, and coordinate its actions to secure funding for the completion and improvement of the priority regional transportation improvements with the cities in the county, the board of supervisors, the Council of Fresno County Governments, and the Department of Transportation for the purpose of integrating its planned improvements with the other transportation improvement plans and operations of other transportation agencies impacting the county. (Amended by Stats. 2001, Ch. 474, Sec. 5. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142201.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 5. Transportation Coordination [142200 - 142201] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must prepare and adopt an annual report every year.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 5. Transportation Coordination [142200 - 142201] ( Chapter 5 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142201. The authority shall prepare and adopt an annual report each year on progress made to achieve the objective of improving transportation conditions related to priority regional transportation improvements and other local transportation needs. (Amended by Stats. 2001, Ch. 474, Sec. 6. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142250.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may impose a retail transactions and use tax ordinance if voters approve it at a called election.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142250. (a) A retail transactions and use tax ordinance, applicable in the incorporated and unincorporated territory of the county may be imposed by the authority in accordance with Section 142262 of this code and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, if two-thirds of the electors voting on the measure vote to approve the imposition of the tax at an election which shall be called for that purpose by resolution of the board of supervisors. (b) The election shall be held in the November 2002 or a subsequent general election. (c) The tax ordinance shall become operative as set forth in Section 142253.The tax ordinance shall specify the period, not to exceed 30 years, during which the tax is to be imposed. The tax may be terminated earlier if the conditions of Sections 142255, 142256, 142257, and 142260 have been met. (Amended by Stats. 2001, Ch. 474, Sec. 7. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142251.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority must include the tax’s nature, rate or maximum rate, and revenue purposes in the retail transactions and use tax ordinance, and it may set a tax term of up to 30 years.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142251. The authority, in the retail transactions and use tax ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or rates or the maximum tax rate or rates, shall specify the purposes for which the revenue derived from the tax will be used, and may set a term, not to exceed 30 years, during which the tax may be imposed. (Amended by Stats. 2001, Ch. 474, Sec. 8. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142252.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The county must conduct an election called by the board of supervisors, and the authority must reimburse the county’s election costs.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142252. (a) The county shall conduct an election called by the board of supervisors to implement this chapter pursuant to Section 142250, and the authority shall reimburse the county for the county’s costs in conducting the election. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142253.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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A retail transactions and use tax ordinance adopted under this chapter becomes operative on the first day of the first calendar quarter more than 120 days after adoption.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142253. Any retail transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 120 days after adoption of the ordinance. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142254.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may allocate the tax revenues for administering this division and for transportation improvement purposes.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142254. The revenues from the retail transactions and use taxes imposed pursuant to this chapter may be allocated by the authority for the administration of this division and for transportation improvement purposes, including administration of this division, legal actions related thereto, planning, environmental reviews, design, construction, and repair. (Amended by Stats. 2001, Ch. 474, Sec. 9. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142255.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The transportation planning agency must prepare a county transportation expenditure plan.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142255. A county transportation expenditure plan shall be prepared by the transportation planning agency for the expenditure of the revenues expected to be derived from the tax imposed pursuant to this chapter, together with other federal, state, and local funds expected to be available for transportation improvements, for the period during which the tax is to be imposed. (Repealed and added by Stats. 2001, Ch. 474, Sec. 11. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142256.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may not adopt a county transportation expenditure plan until it has been approved by the board of supervisors and by city councils meeting the stated majority requirements.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142256. (a) A county transportation expenditure plan shall not be adopted by the authority until it has received the approval of the board of supervisors and of the city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county. (b) The plan shall be adopted prior to the call of the election provided for in Section 142250. (Repealed and added by Stats. 2001, Ch. 474, Sec. 13. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142257.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The expenditure plan must state how the tax will be allocated, local governments must certify funds will not replace certain property tax funding, and the authority can require separate accounting and records.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142257. (a) The expenditure plan shall specify the amount and the formula by which the retail transactions and use tax shall be allocated to each city and the county for local transportation purposes determined to be priority projects by local governments to which funds are allocated. For purposes of this subdivision, the population of the county is the population of the unincorporated area of the county. (b) Prior to the authority allocating funds, each local government shall certify to the authority that the funds will not be substituted for property tax funds which are currently utilized to fund existing local transportation programs. If the local government is unable to segregate property tax revenues from other general fund revenues which cannot be so distinguished, substitution of funds from the authority for general funds is also prohibited. (c) The authority shall require that local governments to which funds are allocated to separately account for those funds and maintain records of expenditures in accordance with administrative code requirements adopted by the authority. (Amended by Stats. 2001, Ch. 474, Sec. 14. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142258.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The transportation planning agency may amend the expenditure plan, but it must review and assess transportation needs at least every two years, adopt a proposal-evaluation procedure, prepare an updated spending plan, include the first five years in its annual submission to the California Transportation Commission, and hold public hearings before adopting the plan.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142258. (a) Except as otherwise provided by Section 142260, the transportation planning agency may amend the expenditure plan. The transportation planning agency, at a minimum, shall review biennially and assess the needs for transportation improvements contained in the expenditure plan as specified in Section 142255. As part of this review and assessment, the transportation planning agency may solicit proposals for transportation improvements from the Department of Transportation and the cities and the county. The transportation planning agency shall adopt a procedure for evaluating these proposals in consultation with the Department of Transportation and the cities and the county. (b) Based on the evaluation, the transportation planning agency shall prepare an updated plan for the expenditure of the revenues expected to be derived from the retail transactions and use tax imposed pursuant to this chapter, together with other federal, state, and local improvements, for the period during which the tax is imposed. The first five years of the plan shall be incorporated into the transportation planning agency’s annual submission to the California Transportation Commission for the state transportation improvement program pursuant to Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code. (c) The expenditure plan shall also include projections of revenues likely to be available from other federal, state, and local funds expected to be available for expenditure plan transportation improvements for the period during which the tax is imposed. (d) Before adoption of an expenditure plan, the transportation planning agency shall conduct public hearings on the plan. (Amended by Stats. 2001, Ch. 474, Sec. 15. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142259.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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Amendments to the expenditure plan must support added funds or unexpected changes, and the transportation planning agency must prioritize initial projects.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142259. Amendments to the expenditure plan adopted pursuant to Section 142255 are to provide for the use of additional federal, state, and local funds, to account for unexpected revenues, or to take into consideration unforeseen circumstances. The transportation planning agency shall take all appropriate actions to give highest priority to the projects in the initial expenditure plan, and any amendments shall not delay or delete any project in the initial plan without the transportation planning agency holding a public hearing and documenting within the plan the reason why the amendments are being recommended to the authority and are necessary relative to conditions beyond control of the authority. (Repealed and added by Stats. 2001, Ch. 474, Sec. 17. Effective January 1, 2002. Repealed on date prescribed in Section 142010.)
142260.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may approve or amend the updated expenditure plan, but amendments must meet listed notice, hearing, reason-giving, and approval conditions.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142260. (a) The authority may, by the affirmative vote of a majority of the members, approve the updated expenditure plan adopted pursuant to Section 142258. (b) The authority may amend the expenditure plan adopted pursuant to Section 142258, if required, subject to all of the following conditions: (1) The authority shall take all appropriate actions to give highest priority to the projects in the initial expenditure plan, and if any amendments delay or delete any project in the initial plan, the authority shall hold a public hearing and adopt a resolution initiating the amendments that specifically detail the reason why the amendments are necessary relative to conditions beyond the control of the authority. (2) The authority shall notify the transportation planning agency, the board of supervisors, and the city council of each city in the county and provide them with a copy of the proposed amendments. (3) The amendment is approved by the board of supervisors. (4) The amendment is approved by a majority of the cities constituting a majority of the population residing in the incorporated areas of the county. (c) The proposed amendments shall become effective immediately upon completion of the approval process in subdivision (b). (Amended by Stats. 2005, Ch. 248, Sec. 3. Effective January 1, 2006. Repealed on date prescribed in Section 142010.)
142261.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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If the tax is adopted, the authority must prepare and submit an annual report by January 1 to several local and state recipients.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142261. If a retail transactions and use tax is adopted pursuant to this chapter, the authority shall prepare and submit a report to the Department of Transportation, to the board of supervisors, to the city council of each city in the county, and to the transportation planning agency, on or before each January 1 after taxes are imposed pursuant to this chapter. The report shall evaluate and report the progress made in implementing the expenditure plan during the preceding fiscal year. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)
142262.
## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. )
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The authority may impose a retail transactions and use tax, but only with voter approval, and the rate cannot exceed one-half of 1 percent.

## Public Utilities Code - PUC ## DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000 - 142277] ( Division 15 added by Stats. 1986, Ch. 301, Sec. 4. ) ## CHAPTER 6. Transactions and Use Taxes [142250 - 142277] ( Chapter 6 added by Stats. 1986, Ch. 301, Sec. 4. ) ## 142262. The authority, subject to the approval of the voters, may impose the retail transactions and use tax at a maximum rate of one-half of 1 percent under this chapter and Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, and may state the maximum tax rate in terms of not to exceed one-half of 1 percent. (Added by Stats. 1986, Ch. 301, Sec. 4. Effective July 14, 1986. Repealed on date prescribed in Section 142010.)

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