Water Code — Part 39 | WAT — United States — California law | Esheria

Water Code

Part 39 of 51 · provisions 7,601–7,800

This section says the act is called the Water Code.

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Local custom is only one factor in judging the reasonableness of a water use, method of use, or diversion; it cannot by itself decide the issue. This section says the coordinated state water conservation, development, and utilization plan is called the “State Water Plan.” The American River Development is included in the State Water Plan. The State may not issue a water appropriation permit for a project that would flood any part of Gold Discovery Site State Park at Coloma unless the issuance is specifically authorized by law. This section gives the Georgetown Divide Public Utility District rights to pursue a federal permit and license, limits water-rights filings and permits for certain South Fork of the American River projects for set periods, and requires some applicants to evaluate alternatives or replace lost uses.

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Provisions of Water Code

Showing 200 of 10,024

  1. 71687.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    If the board decides to levy a replenishment assessment, it must levy it for groundwater production in the district, set it at a uniform rate per acre-foot, and producers must pay it to the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71687.2. If the board determines that a replenishment assessment should be levied upon the production of ground water from ground water supplies within the district during the ensuing fiscal year, then immediately following the making of such determination the board shall levy a replenishment assessment on the production of ground water from the ground water supplies within the district during the fiscal year commencing on July 1st next, and such replenishment assessment shall be fixed by the board at a uniform rate per acre-foot of ground water so produced. The producers of such ground water shall pay such replenishment assessment to the district at the times and in the manner hereinafter in this article provided. (Added by Stats. 1965, Ch. 1725.)
  2. 71688.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    After levying the replenishment assessment, the district must notify operators of all water-producing facilities in the district and state the assessment rate for each acre-foot of groundwater for the ensuing fiscal year.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71688. The district, after the levying of the replenishment assessment, shall give notice thereof to the operators of all water-producing facilities in the district as disclosed by the records of such district, which notice shall state the rate of replenishment assessment for each acre-foot of ground water to be produced during the ensuing fiscal year. The notice may be sent by postal card or by other first-class mail with postage prepaid by the district. (Added by Stats. 1965, Ch. 1725.)
  3. 71688.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    Operators of water-producing facilities in the district must file quarterly sworn statements with the district, and may also have to file additional reports if the board adopts and publishes a resolution.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71688.1. The operator of each water-producing facility within the district, on or before the last day of the month immediately following the respective quarterly periods ending March 31st, June 30th, September 30th, and December 31st of each year, shall file with the district a sworn statement setting forth the total production in acre-feet of ground water from such water-producing facility during the respective quarterly periods immediately preceding the filing of the respective statements, a general description or number locating such water-producing facility, and the method or basis of the computation of such ground water production. Each statement also shall contain such other information as the district may require. If the board by its resolution determines that additional reports or statements are necessary or useful to carry out the purposes of this article and to administer the replenishment of the ground water supplies and meet the makeup water requirements of the district, then the board shall by its resolution so declare and shall give notice of the adoption of the resolution by immediately publishing the same in each affected county pursuant to Section 6061 of the Government Code. Effective 30 days after such publication, the operator of each water-producing facility in such district shall file with the district the report or statement required by such resolution, at such times and in such manner and form as are provided in such resolution. (Added by Stats. 1965, Ch. 1725.)
  4. 71688.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    Each producer must pay the replenishment assessment to the district in quarterly installments, due on the filing deadline for the groundwater production statement.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71688.2. Any replenishment assessment levied pursuant to this article shall be due and payable to the district by each producer in quarterly installments on the last day for filing the statement of the production of ground water from the water-producing facility operated by such producer during the quarterly period required to be covered by such statement. The amount so due and payable shall be computed by multiplying the production in acre-feet of ground water so produced from such water-producing facility, as reported in such statement, by the rate of the replenishment assessment fixed and levied by the board for the fiscal year in which such production shall occur. (Added by Stats. 1965, Ch. 1725.)
  5. 71688.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    The board must authorize, and the district must make, refunds of replenishment assessments to qualifying producers, subject to the section’s procedure and deadlines.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71688.3. The board shall authorize, and the district shall make, refunds in whole or in part of replenishment assessments theretofore paid, to any producer who has erroneously overstated his production of ground water in any sworn statement for a quarterly period required under the provisions of Section 71688.1, and who has overpaid his replenishment assessment for that quarter, but only upon compliance by the producer with the procedure hereinafter set forth and within the time hereinafter provided. Any such producer, within one year of the last day for filing of the said sworn statement for the quarterly period in question, may file a verified application with the district on a form to be furnished by the district, containing such information as the district may require, requesting a refund of that portion of any replenishment assessment claimed to have been paid by reason of that producer’s erroneous overstatement of ground water production. If incomplete information is contained in said application, or if the board desires other or further information than called for by that application, the same shall also be furnished by a verified statement within 30 days of mailing of written notice of request therefor to the producer at his address as shown by the district’s records, or the application shall be deemed abandoned. Such request by the board shall not cause any application otherwise timely filed to be considered as not filed within said one-year period. The board may authorize, and the district may pay, any refund claimed without a hearing thereon, but no application shall be denied in whole or in part without a hearing being accorded to the applicant in which he shall have the burden of proof. Any determination by the board on any matter in connection with said application shall be final and conclusive upon the producer. Any refund authorized to be paid under the provisions of this section may be paid only out of moneys realized from replenishment assessments levied pursuant to Section 71687.2, then or thereafter raised. Upon election of the producer, any refund determined by the board to be owing may be credited to the producer against any subsequent replenishment assessments which might become due and owing from him. No refunds shall be made except as authorized by this section. (Added by Stats. 1965, Ch. 1725.)
  6. 71689.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    A producer who knowingly fails to pay a replenishment assessment within 30 days after it is due owes the district interest at 1% per month on the delinquent amount.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689. If any producer shall knowingly fail to pay a replenishment assessment within 30 days of when due, such producer shall become liable to the district for interest at the rate of 1 percent per month on the delinquent amount of the assessment. (Added by Stats. 1965, Ch. 1725.)
  7. 71689.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    An operator of a water-producing facility who knowingly fails to register or file required statements and reports is liable to the district for a $150 penalty, plus interest under Section 71689.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.1. Should any operator of a water-producing facility knowingly fail to register his water-producing facility or knowingly fail to file the ground water production statement, or knowingly fail to file and furnish any other reports or statements required by resolution of the board adopted pursuant to Section 71688.1, he shall, in addition to interest as provided in Section 71689, become liable to the district for a penalty of one hundred fifty dollars ($150). (Added by Stats. 1965, Ch. 1725.)
  8. 71689.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

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    The board may, by resolution when setting the replenishment assessment rate, require qualifying water producers to pay the assessment set in that resolution.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.2. The board, at the time of fixing the replenishment assessment rate, may provide by resolution that any producer operating a water-producing facility having a discharge opening not greater than two inches in diameter and providing ground water for domestic or irrigation uses on an area not exceeding one acre in extent, shall pay the amount fixed in such resolution as the replenishment assessment to be paid by such producer. No sworn statement as to the production of ground water from such water-producing facility need be filed. (Added by Stats. 1965, Ch. 1725.)
  9. 71689.20.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    A district may provide or contract for garbage, waste, and trash collection and disposal, but it may not do so in competition with an existing county franchise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.20. A district may acquire, construct, and operate facilities for, or may contract with others for, the collection and disposal of the garbage, waste, and trash of the district and its inhabitants. A district may not engage in, or contract with others for, the collection and disposal of garbage, waste, and trash in competition with any existing county franchise for the collection and disposal of garbage, waste, and trash. (Added by Stats. 1971, Ch. 310.)
  10. 71689.21.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    The district may set, change, and collect rates or other charges for services provided under this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.21. The district may prescribe, revise, and collect rates or other charges for the services furnished pursuant to this article. (Added by Stats. 1971, Ch. 310.)
  11. 71689.22.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    The district may combine these rates or charges with water or sewer bills and, if payment is missed, may stop any services covered by that bill.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.22. The district may provide that such rates or charges may be collected with the water or sewer rates, or both, of the district and that all rates shall be billed upon the same bill and collected as one item, and that in the event of failure to pay the whole or any part thereof, the district may discontinue any and all services for which such bill is rendered. (Added by Stats. 1971, Ch. 310.)
  12. 71689.23.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    The district may decide whether sanitary service is necessary or feasible for all residents or properties within the district, and must then find which type of customer or area will be excluded from service.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.23. The district may determine whether sanitary service is necessary or feasible for all residents or properties within the district and shall thereupon make a finding as to which type of customer or area shall be excluded from service. (Added by Stats. 1971, Ch. 310.)
  13. 71689.24.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    The district must determine which types of wastes are excluded from service.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.24. The district shall determine the types of wastes to be excluded from service. (Added by Stats. 1971, Ch. 310.)
  14. 71689.25.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    The district must award contracts for supplying this service by public bid, unless no suitable bid is received.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.25. Any contract with other parties for the supplying of this service for the district shall be granted by public bid for such periods as the district determines is in the best interests of the district. In the event of failure to receive a suitable bid, the district may negotiate a contract for service. (Added by Stats. 1971, Ch. 310.)
  15. 71689.26.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    A district may adopt sanitation-service ordinances, and those ordinances take effect immediately when adopted.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.26. A district may adopt ordinances relating to the provision of sanitation services and the regulation of such services. Every such ordinance shall be in full force and effect forthwith upon adoption, but shall be published once in full in a newpaper of general circulation, printed, published and circulated in the district within 10 days after adoption, or if there be no newspaper it shall be posted within such time in three public places within the district. (Added by Stats. 1971, Ch. 310.)
  16. 71689.27.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. )

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    After an ordinance is posted or published under Section 71689.26, anyone who violates it commits a misdemeanor.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Sanitation Service [71689.20 - 71689.27] ( Article 5 added by Stats. 1971, Ch. 310. ) ## 71689.27. From and after the posting or publication of any ordinance as provided in Section 71689.26, it shall be a misdemeanor for any person to violate any ordinance of the district adopted pursuant to Section 71689.26, and upon conviction thereof, such person shall be punished by being imprisoned in the county jail for not more than 30 days, or by fine of not more than six hundred dollars ($600), or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 419. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  17. 71689.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    A court may issue a temporary restraining order or injunction against a person who operates an unregistered water-producing facility or is delinquent on a replenishment assessment.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.3. (a) The superior court of the principal county may issue a temporary restraining order upon the filing by the district with the court of a verified petition or complaint setting forth that the person named therein as defendant is the operator of a water-producing facility which has not been registered with the district or that the defendant is delinquent in the payment of a replenishment assessment. The temporary restraining order shall be returnable to the court on or before 10 days after its issuance. (b) The court may issue and grant an injunction restraining and prohibiting the named defendant from the operation of any water-producing facility when it is established by the preponderance of the evidence at a hearing that the defendant has failed to register the water-producing facility with the district or that the defendant is delinquent in the payment of a replenishment assessment. The court may provide that the injunction so made and issued shall be stayed for a period not to exceed 10 days to permit the defendant to register the water-producing facility or to pay the delinquent replenishment assessment. (c) Service of process shall be made by posting a copy of the summons and complaint upon the water-producing facility or the parcel of land upon which the water-producing facility is located and by personal service of summons and complaint upon the named defendant. (d) The right to proceed for injunctive relief as provided in this section shall be in addition to any other right which may be provided elsewhere in this act or which may be otherwise allowed by law. The procedure provided in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure regarding injunctions shall be followed except insofar as it may be otherwise provided in this section. (Amended by Stats. 1982, Ch. 517, Sec. 410.)
  18. 71689.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    The board may investigate and fix groundwater production, then must notify the operator. The operator or producer may protest within 10 days, which triggers a hearing, and the producer must pay the assessment, interest, and penalties within 20 days after notice.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.4. If the board shall have probable cause to believe that the production of ground water from any water-producing facility is in excess of that disclosed by the sworn statements covering such water-producing facility, or if no statements are filed covering a water-producing facility, the board may cause an investigation and report to be made concerning the production of ground water from such water-producing facility. The board may fix the amount of ground water production from any such water-producing facility at an amount not to exceed the maximum production capacity of such water-producing facility; provided, however, where a water-measuring device is permanently attached thereto, the record of production as disclosed by such water-measuring device shall be presumed to be accurate and the burden is upon the district to establish to the contrary. After such determination has been made by the board, a written notice thereof shall be mailed to the operator of such water-producing facility at his address as shown by the district’s records. Any such determination made by the district shall be conclusive on the operator, and on any producer producing water from such water-producing facility, and the replenishment assessment based thereon, together with interest and penalties, shall be payable forthwith, unless such operator or producer shall file with the board of directors of the district within 10 days after the mailing of such notice a written protest setting forth the ground or grounds for protesting the amount of production so fixed or the replenishment assessment, interest, and penalties so levied thereon. Upon the filing of such protest, the board shall hold a hearing at which time the total amount of the ground water production and the replenishment assessment thereon shall be determined, and the interest and penalties fixed, which action shall be conclusive if based upon substantial evidence. A notice of such hearing shall be mailed to protestant at least 10 days before the date fixed for the hearing. Notice of the determination by the board shall be mailed to each protestant. The producer shall have 20 days from the date of mailing of such notice to pay the replenishment assessment, interest and penalties so fixed by the board. (Added by Stats. 1965, Ch. 1725.)
  19. 71689.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    The district may sue ground-water producers in court to collect delinquent replenishment assessments, interest, or penalties, and the court may also award interest and costs on a judgment as allowed by law.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.5. The district may bring a suit in the court having jurisdiction against any producer of ground water from the ground water supplies within the district for the collection of any delinquent replenishment assessment, interest, or penalties. The court having jurisdiction of the suit may, in addition to any judgment, award interest and costs on any judgment as allowed by law. (Amended by Stats. 1974, Ch. 1516.)
  20. 71689.6.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    After the specified resolution date, groundwater may not be produced from a water-producing facility in a district unless the facility has a water-measuring device that records the accumulated groundwater produced.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.6. It shall be unlawful to produce groundwater from any water-producing facility within any district from and after one year following the adoption of the resolution provided for in Section 71686 hereof, unless such water-producing facility shall have a water-measuring device affixed thereto capable of registering the accumulated amount of groundwater produced therefrom. The board by resolution may extend such date on a year-to-year basis upon its determination that availability, price of water-measuring devices, or other circumstances justify such extension. Should the date be extended, notice thereof shall be published in the district pursuant to Section 6066 of the Government Code, such publication to be completed not less than two months prior to the date so extended. This section shall not be applicable to any operator of a water-producing facility having a discharge opening two inches or less in diameter and providing groundwater for domestic or irrigation uses on an area not exceeding one acre in extent, who is required to pay a replenishment assessment in an amount fixed by resolution of the board of the district as hereinabove in this part provided. Violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. Each day of operation of a water-producing facility in violation hereof shall constitute a separate offense. (Amended by Stats. 1983, Ch. 1092, Sec. 418. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  21. 71689.7.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    After groundwater rights are finally adjudicated and safe yield is determined, the board must exempt qualifying pumping from replenishment assessments; any production above the adjudicated share is assessed.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.7. Following a final adjudication of all or substantially all of the rights to extract ground water and a determination of the natural safe yield of the ground water supplies within the district, and a determination of the amount or extent to which the rights to extract ground water so adjudicated may be exercised without exceeding the natural safe yield of such ground water supplies, the board shall recognize such judicial determination by exempting from replenishment assessments the amount of water pumped by each person whose rights have been so adjudicated which does not exceed his proportionate share of the natural safe yield of the ground water supplies of the district, as so adjudicated from time to time by the court having jurisdiction over such adjudication proceeding. The replenishment assessment shall thenceforth be levied on each producer by multiplying the production in acre-feet of ground water so produced by such producer’s water-producing facility in excess of his said adjudicated share of the natural safe yield by the rate of the replenishment assessment fixed and levied by the board for the fiscal year in which such production shall occur. (Added by Stats. 1965, Ch. 1725.)
  22. 71689.8.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    This section says a replenishment assessment shifted after adjudication is treated as benefiting the groundwater pumpers who exceed their adjudicated shares.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.8. To the extent that the replenishment assessment after adjudication hereunder shifts from all producers to those who extract water in excess of their respective shares of the natural safe yield of the ground water supplies within the district as so adjudicated, such replenishment assessment shall be deemed to benefit those persons who continue to pump and extract ground water in excess of their adjudicated shares of the natural safe yield. Inasmuch as such persons must buy supplemental water or be in contempt of the court’s order limiting their extraction of ground water, they shall be deemed to benefit by the payment of a replenishment assessment which is used to purchase water to supplement the natural supplies of ground water available for use. (Added by Stats. 1965, Ch. 1725.)
  23. 71689.9.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. )

    Verify source ↗

    No person may acquire property or any other right in district-provided water used for replenishment, to the extent groundwater supplies are replenished under this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Other Functions [71660 - 71689.27] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Water Replenishment Assessment [71682 - 71689.9] ( Article 4 added by Stats. 1965, Ch. 1725. ) ## 71689.9. To the extent that ground water supplies are replenished under this article no person shall acquire any property or other right in the waters provided by the district for replenishment purposes. (Added by Stats. 1965, Ch. 1725.)
  24. 71690.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may, inside or outside its district, take, hold, use, lease, enjoy, or dispose of real and personal property.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71690. A district may, within or without the district: (a) Take real and personal property of every kind by grant, purchase, gift, device, or lease. (b) Hold, use, enjoy, lease, or dispose of real and personal property of every kind. (Added by Stats. 1963, Ch. 156.)
  25. 71691.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may acquire, build, operate, repair, and improve waterworks and related property, including property used for hydroelectric power.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71691. A district may: (a) Acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights, and privileges. (b) Construct, maintain, and operate conduits, pipelines, reservoirs, works, machinery, and other property useful or necessary to store, convey, supply, or otherwise make use of water for a waterworks plant or system for the benefit of the district. (c) Complete, extend, add to, repair, or otherwise improve any waterworks or waterworks system acquired by the district. (d) Carry on and conduct waterworks or a waterworks system. (e) Construct, maintain, and operate works, facilities improvements and property of the district useful or necessary for the provision, generation, and delivery of hydroelectric power pursuant to Sections 71662 and 71663. (Amended by Stats. 1977, Ch. 146.)
  26. 71692.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may lease water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system, and the lease may include an option to purchase or otherwise acquire them.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71692. A district may lease from any person, or public corporation or agency, with the privilege of purchasing or otherwise, all or any part of water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system. (Added by Stats. 1963, Ch. 156.)
  27. 71693.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may use eminent domain to take property needed to supply water, and must pay specified removal, reconstruction, relocation, and property damage costs when doing so.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71693. A district may exercise the right of eminent domain to take any property necessary to supply the district or any portion thereof with water. The district, in exercising such power, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location. (Amended by Stats. 1975, Ch. 582.)
  28. 71694.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may use eminent domain to take property needed for its powers, but it must pay certain public utility relocation costs and generally needs county supervisors’ consent to condemn property outside its boundaries.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71694. A district may exercise the right of eminent domain to take any property necessary to carry out any powers of the district. The district, in exercising such right, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which is required to be removed to a new location. A district shall not exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for any purpose, unless it first obtains the consent thereto of the board of supervisors of the county in which such property is located; provided, however, that a district may exercise the right of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county without obtaining the consent of the board of supervisors thereof. When a district proposes to exercise the power of eminent domain, under this section, for the condemnation of property outside the boundaries of the district for the acquisition of rights-of-way in any county in which territory of the district is located or in any county adjacent to such county, it shall give written notice, at least two weeks prior to condemning the property, to the board of supervisors of the county in which the property is located. Such written notice shall contain a description of the property to be condemned. (Amended by Stats. 1975, Ch. 582.)
  29. 71695.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may build works across or along certain waterways, roads, and railways, but must do so safely and restore any crossings or intersections as nearly as possible.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71695. A district may construct works along and across any stream of water, watercourse, street, avenue, highway, canal, ditch, or flume, or across any railway which the route of the works may intersect or cross. Such works shall be constructed in such manner as to afford security for life and property, and the district shall restore the crossings and intersections to their former state as near as may be, or in a manner so as not to have impaired unnecessarily their usefulness. (Added by Stats. 1963, Ch. 156.)
  30. 71696.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A company whose right-of-way is crossed or intersected by district works must cooperate with the district to form the crossing or intersection and grant the needed rights.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71696. Every company whose right-of-way is intersected or crossed by district works shall unite with the district in forming the intersections or crossings and grant the rights therefor. (Added by Stats. 1963, Ch. 156.)
  31. 71697.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A municipal water district may place, build, and maintain district works on or across streets, highways, and state-owned land, and it has the same related rights and privileges as cities. In certain redevelopment-area situations, local permitting, approval, building, and zoning rules do not apply to qualifying development-related facilities or services.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71697. (a) A district may locate, construct, and maintain district works along and across any street or public highway and on any lands that are now or hereafter owned by the state; and a district has the same rights and privileges appertaining thereto as have been or may be granted to cities within the state. For districts whose territory includes any portion of the redevelopment project area referenced in subdivision (e) of Section 33492.41 of the Health and Safety Code, the exercise of this right shall not be subject to any permitting and approval requirements of any local agency other than the municipal water district that is locating, constructing, or maintaining these district works to the extent that this right is exercised for the purpose of providing facilities or services related to development, as defined in subdivision (e) of Section 56426 of the Government Code, to or in that portion of the redevelopment project area that, as of January 1, 2000, meets all of the following requirements: (1) Is unincorporated territory. (2) Contains at least 100 acres. (3) Is surrounded or substantially surrounded by incorporated territory. (4) Contains at least 100 acres zoned for commercial or industrial uses or is designated on the applicable county general plan for commercial or industrial uses. (b) Facilities or services related to development may be provided by the district to all or any portion of the area defined in paragraphs (1) to (4), inclusive, of subdivision (a). Notwithstanding any other provision of the Government Code, building ordinances, zoning ordinances, and any other local ordinances, rules, and regulations of a city or other political subdivision of the state shall not apply to the location, construction, or maintenance of facilities or services related to development pursuant to this section. (Amended by Stats. 2000, Ch. 129, Sec. 5. Effective July 14, 2000.)
  32. 71698.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the district uses a public highway that is or becomes a state highway, that use must comply with Chapter 3 of Division 1 of the Streets and Highways Code.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71698. Any use by the district of a public highway now or hereafter constituted a state highway shall be subject to the provisions of Chapter 3 (commencing with Section 660) of Division 1 of the Streets and Highways Code. (Added by Stats. 1963, Ch. 156.)
  33. 71699.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A publicly owned utility generally may not start providing water service to land in a municipal water district subject to certain district or federal-related liens, unless the stated voter-approval and water-availability conditions are met. It may do so in two listed exception scenarios.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71699. No publicly owned utility shall commence to provide any water service for, on, or to any land within a municipal water district which is subject to (1) the lien of a bonded indebtedness incurred by the district for the purpose of providing a service similar to that which the utility proposes to provide or (2) a lien of an indebtedness arising under any contract between the district and the United States of America incurred or contracted by the district for the purpose of providing water service; provided, that a majority of the voters voting at an election within the district have approved the incurrence of the indebtedness and, provided further, that the district has water available and is ready, able, and willing to serve such land. However, a publicly owned utility may commence to provide service, otherwise prohibited, upon either of the following conditions: (a) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is less than 12, and in which the municipal water district (1) receives the written consent of at least a majority of the owners of real property holding at least a majority in value of the real property and (2) consents to the service by resolution. (b) In any portion of such a municipal water district proposed to be served by the publicly owned utility in which the total number of registered voters residing therein is 12 or more, and in which at least a majority of the voters voting on the proposition shall have voted at a special municipal water district election to permit such service within that portion of the district. The election shall be called and held within that portion of the district in the same manner as an initiative measure pursuant to Section 71530. (Added by Stats. 1970, Ch. 1272.)
  34. 71700.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. )

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    A publicly owned utility that starts providing water service to land in a municipal water district must reimburse the district under specified conditions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Property [71690 - 71700] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 71700. Any publicly owned utility which commences to provide any water service for, on, or to any land within a municipal water district which is providing service to the land and which land at the commencement of such service is subject to the lien of a bonded or contract indebtedness with revenues pledged for their payment, shall reimburse the district from the water revenues derived from charges made for service to such land, the amount which would have been paid by the district from water revenues for such bond or contract payments. (Added by Stats. 1970, Ch. 1272.)
  35. 71720.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    This section defines “public agency” and “private corporation” for this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71720. As used in this article: (a) “Public agency” means and includes the United States or any department or agency thereof, the State or any department or agency thereof, and a county, city, public corporation, or public district of the State. (b) “Private corporation” means and includes any private corporation organized under the laws of the United States or of this or any other state thereof. (Added by Stats. 1963, Ch. 156.)
  36. 71721.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

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    This section says which contracts count for this article: contracts with the United States under the Federal Reclamation Act, related amendatory or supplementary acts, and other federal acts allowing co-operation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71721. Contracts mentioned in this article include those made with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted permitting co-operation. (Added by Stats. 1963, Ch. 156.)
  37. 71722.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

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    A district may join and contract with public agencies, private corporations, or other persons to carry out district powers and finance acquisitions, construction, and operations.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71722. A district may join with one or more public agencies, private corporations, or other persons for the purpose of carrying out any of the powers of the district, and for that purpose may contract with such other public agencies, private corporations, or persons to finance acquisitions, constructions and operations. (Added by Stats. 1963, Ch. 156.)
  38. 71723.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Contracts with other agencies may set contributions, split costs and benefits, and include agency arrangements and other needed terms.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71723. The contracts with other public agencies, private corporations, or persons may provide for contributions to be made by each party thereto, for the division and apportionment of the expenses of the acquisitions and operations, and for the division and apportionment of the benefits, the services, and products therefrom. Such contracts may also provide for an agency to effect the acquisitions and to carry on the operations, and shall provide in the powers and methods of procedure for such agency the method by which the agency may contract. Such contracts may contain such other and further covenants and agreements as may be necessary or convenient to accomplish the purposes thereof. (Added by Stats. 1963, Ch. 156.)
  39. 71724.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district or improvement district may not execute certain federal or corporate contracts if the resulting debt or liability would exceed that year’s income and revenue unless approved by a majority of qualified electors voting at an election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71724. Any such contract with the United States or any department or agency thereof, or with any private corporation organized under the laws of the United States, by which the district or an improvement district thereof incurs an indebtedness or liability exceeding in any year the income and revenue for such year, shall not be executed without the assent of a majority of the qualified electors of the district or the improvement district voting at an election to be held for that purpose. Such election shall be called and held, so far as practicable, in the same manner as bond elections for the district or an improvement district. (Amended by Stats. 1975, Ch. 151.)
  40. 71725.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    For voter-approved contracts at a special election, the exact final contract form does not have to be ready, but the contract purpose, maximum debt amount, maximum repayment term, and maximum interest rate must be included in the proposition or measure.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71725. The exact final form of a proposed contract required to be approved by the voters of the district or an improvement district need not be available at the time of the special election, but the purpose of the contract, the maximum amount of the indebtedness created thereby, the maximum term of repayment, and the maximum interest rate on such indebtedness shall be known and included in the proposition or measure submitted to the voters of the district or the improvement district at the special election. (Added by Stats. 1963, Ch. 156.)
  41. 71726.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the Rainbow Municipal Water District’s proposed contract was approved by voters at a special election held before January 1, 1978, the district must enter into the contract even if the maximum interest rate was not known and was not included in the proposition.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Contracts With Other Agencies [71720 - 71726] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71726. Any proposed contract approved by the voters of the Rainbow Municipal Water District, as provided in this article, at a special election held prior to January 1, 1978, shall be an approved contract notwithstanding that the maximum interest rate on such indebtedness was not known at the time of the special election and was not included in the proposition submitted to the voters of the district at the special election. The provisions of this section are necessary because of special circumstances within the Rainbow Municipal Water District. A special election was held in the Rainbow Municipal Water District at which there was submitted to the voters of the district the proposition to approve a contract with the United States for a loan for the acquisition and construction of water facilities. At the time the proposed contract was submitted to the voters of the district the maximum interest rate on the indebtedness was not known and was not included in the proposition, although the voters were informed of the approximate rate of interest on the indebtedness. The proposed contract was approved by the voters and the district must enter into the contract in order to provide needed water to the inhabitants of the district. It is therefore hereby declared that a general law cannot be made applicable and that the enactment of this section as a special law is necessary for the solution of problems existing in the Rainbow Municipal Water District. (Added by Stats. 1978, Ch. 449.)
  42. 71730.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. )

    Verify source ↗

    This section defines “district” as the Central Basin Municipal Water District and states legislative intent about how the district should use funds and handle contract amendments.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. ) ## 71730. (a) For the purposes of this article, “district” means the Central Basin Municipal Water District. (b) It is the intent of the Legislature in enacting this article that the district make better use of the funds it spends on services, that it does not unnecessarily use amendments that limit competitive bidding for its contracts, and that its contract amendments reflect the authorization of the district’s board. (Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
  43. 71731.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. )

    Verify source ↗

    The district may use sole source contracts only if there is an emergency or only one vendor can meet its needs, and it must give written justification before doing so.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. ) ## 71731. (a) The district shall not use sole source contracts unless one of the following conditions is met: (1) The contract is limited to an emergency circumstance. (2) The circumstances are that only one vendor can meet the district’s needs. (b) Before executing a sole source contract, the district shall provide written justification demonstrating the reasons for not competitively bidding the services. The justification shall include all of the following information: (1) The background of the purchase. (2) A description of the vendor’s uniqueness. (3) An explanation of the consequences of not purchasing from the vendor. (4) Market research to substantiate a lack of competition. (5) An analysis of pricing and alternatives. (Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
  44. 71732.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. )

    Verify source ↗

    The district must rebid a contract if it significantly changes the contract’s scope of work.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. ) ## 71732. The district shall rebid a contract if the district significantly changes the scope of work of the contract. Significant changes include, but are not limited to, changes to the nature of the services or work products. (Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
  45. 71733.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. )

    Verify source ↗

    The district’s general manager must send the board a quarterly report listing all contracts, contract amendments, and their dollar amounts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Contracts [71720 - 71733] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Central Basin Municipal Water District [71730 - 71733] ( Article 2 added by Stats. 2016, Ch. 426, Sec. 1. ) ## 71733. The general manager of the district shall submit a quarterly report to the district’s board detailing all of the district’s contracts, contract amendments, and contract and amendment dollar amounts. (Added by Stats. 2016, Ch. 426, Sec. 1. (SB 953) Effective January 1, 2017.)
  46. 71750.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may sue and be sued in courts and tribunals of competent jurisdiction, unless this division or other law provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71750. A district may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction. (Added by Stats. 1963, Ch. 156.)
  47. 71751.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district may bring, join, or settle legal actions and proceedings involving water or water rights within the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71751. A district may commence, maintain, intervene in, and compromise, in the name of the district, any action or proceeding involving or affecting the ownership or use of water or water rights within the district, used or useful for any purpose of the district, or a common benefit to lands within the district or inhabitants of the district. (Added by Stats. 1963, Ch. 156.)
  48. 71752.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    An action may be brought to determine the validity of certain authorized contracts and debt instruments under the cited civil procedure chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71752. An action to determine the validity of any contract authorized by Article 1 (commencing with Section 71720) of Chapter 5 of this part and any bonds, notes or other evidences of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1963, Ch. 1151.)
  49. 71753.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code provisions, unless those provisions or other expressly applicable statutes or regulations provide otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71753. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to the district. (Amended by Stats. 1963, Ch. 1715.)
  50. 71757.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district has power to bring, defend, join, and settle certain water-rights and water-supply actions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71757. To carry out the purposes of this division, a district shall have the power to commence, maintain, intervene in, defend and compromise, in the name of the district, or as a class representative of the inhabitants, property owners, taxpayers, water producers or water users within the district, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to determine or adjudicate all or substantially all of the water rights of a basin or other hydrologic unit overlain, in whole or in part, by the district, as between owners of or claimants to such rights, to prevent any interference with water or water rights used or useful to the lands, inhabitants, owners, operators, or producers within the district, or to prevent the diminution of the quantity or quality of the water supply of the district or such basin, or to prevent unlawful exportation of water from the district or such basin. (Added by Stats. 1965, Ch. 1725.)
  51. 71758.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district may hire counsel to defend certain actions against it or its officers, agents, or employees, and the related fees and expenses are a lawful charge against the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71758. The district may employ counsel to defend any action brought against it or against any of its officers, agents or employees on account of any claimed action or inaction involving any claimed injury, taking, damage or destruction, and the fees and expenses involved therein shall be a lawful charge against the district. (Added by Stats. 1967, Ch. 83.)
  52. 71759.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district must pay a judgment against an officer, agent, or employee for an official-capacity act or omission, unless the case involves actual fraud or actual malice.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71759. If any officer, agent or employee of the district is held liable for any act or omission in his official capacity, except in case of actual fraud or actual malice, and any judgment is rendered thereon, the district shall pay the judgment without obligation for repayment by the officer, agent or employee. (Added by Stats. 1967, Ch. 83.)
  53. 71760.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. )

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    This section gives specified water districts liability protections for certain claims tied to interim operation and water supply work, but only if stated water-quality and operational conditions are met.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 5. POWERS AND PURPOSES [71590 - 71760] ( Part 5 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Controversies [71750 - 71760] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## 71760. (a) (1) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall not be held liable for claims by past or existing County Water Company of Riverside customers or those who consumed water provided through the County Water Company of Riverside water system concerning the operation and supply of water from the County Water Company of Riverside water system during the interim operation period specified in subdivision (c) for any good faith, reasonable effort using ordinary care to assume possession of, to operate, or to supply water to the County Water Company of Riverside water system. (2) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (c). (b) (1) (A) The Western Municipal Water District and the Metropolitan Water District of Southern California shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system concerning the provision of supplemental imported water supplies to the County Water Company of Riverside water system during the interim operation period specified in subdivision (c) for any good faith, reasonable effort using ordinary care to supply water to the County Water Company of Riverside water system. (B) The Western Municipal Water District and the Metropolitan Water District of Southern California shall not be held liable for claims by past or existing County Water Company of Riverside customers or by those who consumed water provided through the County Water Company of Riverside water system concerning the operation and supply of water from the County Water Company of Riverside water system for any injury that occurred prior to the commencement of the interim operation period specified in subdivision (c). (2) This subdivision shall only apply if the water supplied by the Western Municipal Water District and the Metropolitan Water District of Southern California through the temporary potable service pipeline to the County Water Company of Riverside water system meets or exceeds federal and state drinking water quality standards. (c) (1) The interim operation period shall commence upon the connection of a temporary potable service pipeline by either the Elsinore Valley Municipal Water District or the Eastern Municipal Water District to the County Water Company of Riverside water system, or upon the execution of an agreement between the Elsinore Valley Municipal Water District, the Eastern Municipal Water District, the County Water Company of Riverside, and any other signatories to provide service to the customers of the County Water Company of Riverside, whichever occurs first. (2) (A) Except as provided in subparagraph (B), the interim operation period shall last until permanent replacement facilities are accepted by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District with the concurrence of the State Department of Public Health or December 31, 2015, whichever occurs first. (B) Upon the showing of good cause, the interim operation period shall be extended by the State Department of Public Health for up to three successive one-year periods at the request of the Elsinore Valley Municipal Water District and the Eastern Municipal Water District. (3) The acceptance date of permanent replacement facilities shall be publicly noticed by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District. (d) Subdivision (a) shall only apply if the Elsinore Valley Municipal Water District and the Eastern Municipal Water District provide water to the County Water Company of Riverside water system in accordance with all of the following conditions: (1) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall comply with the special terms and conditions established by the State Department of Public Health for safe drinking water emergency funding pursuant to Section 75021 of the Public Resources Code for the interim operation period. (2) Water provided by the Elsinore Valley Municipal Water District and the Eastern Municipal Water District through the temporary potable service pipeline to the County Water Company of Riverside water system shall meet or exceed federal and state drinking water quality standards. (3) Reasonable water system flow and pressure through the temporary potable service pipeline shall be maintained during the interim operation period based upon the condition and integrity of the existing County Water Company of Riverside water system and any disruptions to water delivery resulting from construction related activities associated with the installation of permanent replacement facilities shall be minimal. (4) The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall notify Riverside County fire officials serving the County Water Company of Riverside service area of the condition and firefighting support capabilities of the existing County Water Company of Riverside water system and planned improvements with the installation of permanent replacement facilities thereto. The Elsinore Valley Municipal Water District and the Eastern Municipal Water District shall maintain or improve the condition and firefighting support capabilities of the existing County Water Company of Riverside water system during the interim operation period. (5) Customers of the County Water Company of Riverside shall receive written notice upon any change in possession, control, or operation of the water system. (e) Nothing in this section shall be construed to do any of the following: (1) Relieve any water district, water wholesaler, or any other entity from complying with any provision of federal or state law pertaining to drinking water quality. (2) Impair any cause of action by the Attorney General, a district attorney, a city attorney, or any other public prosecutor, or impair any other action or proceeding brought by or on behalf of a regulatory agency. (3) Impair any claim alleging the taking of property without compensation within the meaning of either the Fifth Amendment to the United States Constitution or Section 19 of Article I of the California Constitution. (Added by Stats. 2014, Ch. 173, Sec. 2. (SB 1130) Effective July 21, 2014.)
  54. 71800.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Warrants [71800 - 71801] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    A district may issue warrants to pay its formation expenses, and those warrants may earn interest up to 8% per year until funds are available to pay them.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Warrants [71800 - 71801] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71800. A district may issue warrants to pay the formation expenses of the district. The warrants may bear interest at a rate not exceeding 8 percent per year from the date of issue until funds are available to pay the warrants. (Amended by Stats. 1974, Ch. 721.)
  55. 71801.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Warrants [71800 - 71801] ( Chapter 1 added by Stats. 1963, Ch. 156. )

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    Formation expenses may include attorneys’ fees and similar costs for conducting formation proceedings, but not the costs of holding and conducting the formation election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Warrants [71800 - 71801] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 71801. Formation expenses may include the fees of attorneys and others employed to conduct the formation proceedings, but shall not include the expenses of holding and conducting the formation election. (Added by Stats. 1963, Ch. 156.)
  56. 71810.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    A district may issue negotiable promissory notes, and those notes may bear interest of up to 12 percent per year.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71810. A district may issue negotiable promissory notes pursuant to Sections 71811 and 71812. Such promissory notes shall bear interest at a rate not to exceed 12 percent per year. They shall be payable from revenues and taxes levied for purposes of the district other than the payment of principal and interest on any bonded debt of the district or of an improvement district therein. (Amended by Stats. 1981, Ch. 466, Sec. 1.)
  57. 71810.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    Otay Municipal Water District may issue promissory notes bearing up to 15% interest per year, but only for five years after the section’s effective date.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71810.5. Notwithstanding the provisions of Section 71810 which limit the rate of interest which promissory notes issued by a district may bear, the Otay Municipal Water District may issue promissory notes which bear interest at a rate not exceeding 15 percent per year. All other provisions of Section 71810 shall be applicable to the issuance of such notes. No promissory notes shall be issued by the Otay Municipal Water District pursuant to this section after five years following the effective date of this section, provided that this provision shall not affect the validity of any such notes issued prior to such date. (Added by Stats. 1980, Ch. 274, Sec. 1. Effective June 29, 1980.)
  58. 71811.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    A district may issue negotiable promissory notes for district purposes, but the notes must mature within 5 years and stay within the stated aggregate amount limits.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71811. A district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes shall not be later than five years from the date thereof. The total aggregate amount of the notes outstanding, at any one time, may be at least equal to seventy-five thousand dollars ($75,000) in any district but shall not exceed the lesser of either five million dollars ($5,000,000) or 3 percent of the assessed valuation of the taxable property in the district or, if the assessed valuation is not obtainable, 3 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate . Promissory notes issued pursuant to Section 71812 may be disregarded in computing the aggregate amount of notes that may be issued pursuant to this section. (Amended by Stats. 1981, Ch. 464, Sec. 1.)
  59. 71812.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    A district may issue negotiable promissory notes for specified district projects, but the notes must mature within 10 years and the total amount outstanding is capped.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71812. A district may issue negotiable promissory notes pursuant to this section for the purpose of acquiring funds to finance the construction or acquisition of administrative offices, construction headquarters, commercial offices, or facilities for similar district purposes and for the acquisition of land for district purposes. The maturity of such promissory notes shall not be later than 10 years from the date thereof. The total aggregate amount of such notes outstanding at any one time may be at least equal to fifty thousand dollars ($50,000) in any district, but shall not exceed the lesser of either three million dollars ($3,000,000) or 1 percent of the assessed valuation of the taxable property in the district, or, if the assessed valuation is not obtainable, 1 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate. Promissory notes issued pursuant to Section 71811 may be disregarded in computing the aggregate amount of notes that may be issued pursuant to this section. (Amended by Stats. 1981, Ch. 463, Sec. 1.)
  60. 71813.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    A district may issue bond anticipation notes, but the borrowing cannot exceed the principal amount of authorized but unsold bonds, and the notes must mature within five years (with only one renewal note allowed, maturing within three years).

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71813. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of an improvement district formed pursuant to Chapter 3 (commencing with Section 71870) or Chapter 4 (commencing with Section 71920) of Part 7 of this division which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes as provided in this section. Such notes may be issued in anticipation of the sale of all or any portion of the bonds which are duly authorized at the time the notes are issued. Such notes shall mature within a period not to exceed five years from the date of issuance. In the event that the sale of bonds shall not have occurred prior to the maturity of such notes, the district may issue renewal notes to meet the notes then maturing. There shall be only one renewal of any note issued pursuant to this section and such renewal note shall mature within a period not to exceed three years from the date of issuance. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the improvement district are payable. The principal of such notes may be paid from any moneys of the improvement district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the improvement district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the improvement district are not available for such payment, taxes shall be levied upon the taxable property in the improvement district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from a tax levy, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the improvement district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bond shall mature not later than the maximum permissible years for such bonds under Section 71951 from the date of such notes as originally issued. (Amended by Stats. 1975, Ch. 519.)
  61. 71814.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    A district may borrow against authorized bonds, issue and sell bond anticipation notes, and refund them, but only up to the unpaid principal amount of those bonds.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Promissory Notes [71810 - 71814] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71814. A district may borrow money in anticipation of the sale of, but not in excess of the principal amount of, authorized bonds of the district which have not yet been sold and delivered, and for that purpose may issue and sell negotiable bond anticipation notes, and may refund such notes from time to time, but the maximum maturity of any such notes, as originally issued or as refunded, shall not exceed five years from the date of the original notes. The notes shall be sold in such manner as the board may determine, and such notes and the resolution providing for the issuance of such notes may contain any provision, condition or limitation which a bond, or any resolution or ordinance providing for the issuance of bonds, may contain. The interest on bond anticipation notes shall be payable at the time or times provided in such notes and may be represented by interest coupons attached to the notes and shall be payable from the same funds from which the interest on bonds of the district are payable. The principal of such notes may be paid from any moneys of the district available for such purpose. If such notes, or any portion thereof, have not been previously paid, they shall be paid from the proceeds of the next sale of bonds in anticipation of which the notes were issued. The resolution providing for the issuance of bond anticipation notes may contain a provision that, if for any reason bonds of the district are not sold in time to provide funds to pay any unpaid note, and, if other funds of the district are not available for such payment, taxes shall be levied upon the taxable property in the district for such payment in the same manner provided for the payment of bonds in such amount each year for such period of years as may be set forth in such resolution. To the extent bond anticipation notes are paid from a tax levy, authorized bonds in a corresponding amount shall be canceled and not issued thereafter. When bonds of the district are issued and any portion of the proceeds of the sale are to be used to pay bond anticipation notes, such bonds shall mature not later than the maximum permissible years for such bonds under Section 71951 from the date of such notes as originally issued. (Amended by Stats. 1972, Ch. 618.)
  62. 71820.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. )

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    A district may use three specified improvement statutes to construct facilities it is authorized to build under this division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. ) ## 71820. A district may use the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 for the construction of any facilities authorized to be constructed by a district under the provisions of this division. (Amended by Stats. 1972, Ch. 378.)
  63. 71821.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. )

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    The district’s corresponding boards, officers, and agents must exercise the powers and duties that Section 71820 gives to city boards, officers, and agents.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. ) ## 71821. The powers and duties conferred pursuant to Section 71820 on the various boards, officers, and agents of cities shall be exercised by the corresponding boards, officers, and agents of the district. (Amended by Stats. 1972, Ch. 378.)
  64. 71822.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. )

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    This section defines several terms used when improvement acts are applied to proceedings brought by a district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. ) ## 71822. In the application of the improvement acts specified in Section 71820 to proceedings instituted by a district, the terms used in such improvement acts have the following meanings: (a) “City council,” “council,” or “legislative body” means the board of directors of the district. (b) “Municipality” or “city” means the district. (c) “Clerk” or “city clerk” means the secretary of the district. (d) “Superintendent of streets,” “street superintendent,” or “city engineer” means any person appointed by the board to perform such duties. (e) “Tax collector” means the county tax collector. (f) “Treasurer” or “city treasurer” means the person or officer who has charge of and makes payment of the funds of the district. (g) “Mayor” means the president of the board. (h) “Right-of-way” means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the district for the purpose of contructing and maintaining any district works or improvements. (i) “Auditor” means the county auditor. (Amended by Stats. 1972, Ch. 378.)
  65. 71823.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. )

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    Certificates or documents required under the specified improvement acts must be filed or recorded with the district secretary instead of the superintendent of streets or street superintendent.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 6. FINANCIAL PROVISIONS [71800 - 71823] ( Part 6 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Adoption of Improvement Acts [71820 - 71823] ( Heading of Chapter 3 amended by Stats. 1972, Ch. 378. ) ## 71823. Any certificates or documents required by the improvement acts specified in Section 71820 to be filed or recorded in the office of the superintendent of streets or street superintendent shall be filed or recorded in the office of the secretary of the district. (Amended by Stats. 1972, Ch. 378.)
  66. 71860.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Initiation of Proceedings for Issuance of Bonds for Entire District [71860 - 71861] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    If the board thinks bonded debt is necessary for certain district improvements or property, it must adopt a resolution and call a district election on issuing bonds.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Initiation of Proceedings for Issuance of Bonds for Entire District [71860 - 71861] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71860. Whenever the board deems it necessary for the district to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works, or property mentioned in this division, the board shall, by resolution, so declare and call an election to be held in the district for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district. (Added by Stats. 1963, Ch. 156.)
  67. 71861.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Initiation of Proceedings for Issuance of Bonds for Entire District [71860 - 71861] ( Chapter 2 added by Stats. 1963, Ch. 156. )

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    The bond-election resolution must include specified details, including the debt purpose, amount, bond term, interest rate cap, ballot measure, election date, and precinct/polling-place/election-officer information.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Initiation of Proceedings for Issuance of Bonds for Entire District [71860 - 71861] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 71861. The resolution calling the bond election shall state all of the following: (a) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds. (b) The amount of debt to be incurred. (c) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years. (d) The maximum rate of interest to be paid, which shall not exceed 8 percent per year, payable semiannually, except that interest for the first year may be payable at the end of that year. (e) The measure to be submitted to the voters. (f) The date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred. (g) The designation of precincts, the location of polling places, and the names of the officers selected to conduct the election, who shall consist of one judge, one inspector, and two clerks in each precinct. (Amended by Stats. 1975, Ch. 130.)
  68. 71870.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the board thinks bonded debt is needed for certain improvements and payable from taxes on less than all of the district, it must adopt a resolution stating its intent to form an improvement district and incur the debt.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71870. Whenever the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works, or property mentioned in this division and to provide for such bonded indebtedness to be payable from taxes levied upon less than all of the district, the board shall, by resolution, declare its intention to form an improvement district and to incur such indebtedness. (Added by Stats. 1963, Ch. 156.)
  69. 71871.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state that the board plans to form an improvement district and call an election on a date to be fixed.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71871. The resolution of intention shall state that the board intends to form an improvement district of a portion of the district which in the opinion of the board will be benefited, and to call an election in such proposed improvement district, on a date to be fixed, for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for such improvement district. (Added by Stats. 1963, Ch. 156.)
  70. 71872.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state the purpose and amount of the proposed debt, and it must say that bond-related taxes will be levied only on taxable property in the improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71872. The resolution of intention shall also state: (a) The purpose for which the proposed debt is to be incurred. (b) The amount of debt to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds. (c) That taxes for the payment of the bonds and the interest thereon will be levied exclusively upon the taxable property in the improvement district. (Added by Stats. 1963, Ch. 156.)
  71. 71873.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state that the project description and district map are on file with the secretary and open for inspection by interested persons.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71873. The resolution of intention shall also state that a general description of the proposed improvement, together with a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement is on file with the secretary and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. (Added by Stats. 1963, Ch. 156.)
  72. 71874.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A resolution of intention must state the hearing time and place, and it must say that interested persons, including property owners in the district or proposed district, will be heard.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71874. The resolution of intention shall also state: (a) The time and place for a hearing by the board on the questions of the formation and extent of the proposed improvement district, the proposed improvement, and the amount of debt to be incurred. (b) That at the time and place specified in the resolution any person interested, including all persons owning property in the district or in the proposed improvement district, will be heard. (Added by Stats. 1963, Ch. 156.)
  73. 71875.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Notice of the hearing must be given by publishing the resolution of intention before the hearing and by posting it in six public places at least two weeks before the hearing.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71870 - 71875] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71875. Notice of the hearing shall be given by publishing a copy of the resolution of intention pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper printed and published in the district, if there is a newspaper printed and published in the district. Such notice shall also be given by posting a copy of the resolution of intention in six public places within the proposed improvement district at least two weeks before the time fixed for the hearing. (Added by Stats. 1963, Ch. 156.)
  74. 71880.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must hold the hearing at the time and place set in the resolution of intention, or at any adjourned time and place. Interested persons, including property owners in the district or proposed improvement district, may appear and present relevant matters at the hearing.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71880. At the time and place fixed in the resolution of intention, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property within the district or within the proposed improvement district, may appear and present any matters material to the questions set forth in the resolution of intention. (Added by Stats. 1963, Ch. 156.)
  75. 71881.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may change the purpose or amount of proposed bonded debt, and may change the proposed district boundaries, but not to include territory it believes will not benefit from the improvement.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71881. The board may change the purpose for which the proposed debt is to be incurred or the amount of bonded debt to be incurred, or both. The board may also change the boundaries of the proposed improvement district, but not so as to include any territory that will not, in its judgment, be benefited by the proposed improvement. (Amended by Stats. 1995, Ch. 91, Sec. 182. Effective January 1, 1996.)
  76. 71882.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may not change the bonded debt purpose or amount, or the proposed district boundaries, unless it first gives notice and holds the required hearing process.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71882. The purpose or amount of bonded debt or the boundaries of the proposed improvement district shall not be changed by the board except after notice of its intention to do so, given by publication pursuant to Section 6061 of the Government Code in a newspaper printed and published in the district, if there is a newspaper printed and published in the district, and by posting in six public places within the proposed improvement district. The notice shall state the changed purpose and debt proposed and that the exterior boundaries as proposed to be changed are set forth on a map on file with the secretary which map shall govern for all details as to the extent of the proposed improvement district, and shall specify the time and place for hearing on such change, which time shall be at least 10 days after publication or posting of the notice. (Added by Stats. 1963, Ch. 156.)
  77. 71883.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must hold the hearing at the scheduled time and place, or at an adjourned hearing. Interested persons, including property owners in the district or proposed improvement district, may appear and present matters related to the changes in the notice.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Hearing and Changes [71880 - 71883] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71883. At the time and place fixed in the notice of intention, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property within the district or the proposed improvement district, may appear and present any matters material to the changes stated in the notice. (Added by Stats. 1963, Ch. 156.)
  78. 71890.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    After the hearing, the board must adopt a resolution deciding whether bonded indebtedness is necessary.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71890. At the conclusion of the hearing, the board shall by resolution determine whether it is deemed necessary to incur the bonded indebtedness. If so, the resolution shall also state: (a) The purpose for which the proposed debt is to be incurred. (b) The amount of the proposed debt. (c) That the exterior boundaries of the portion of the district which will be benefited are set forth on a map on file with the secretary, which map shall govern for all details as to the extent of the improvement district. (d) That such portion of the district set forth on the map shall thereupon constitute and be known as “Improvement District No. ____ of ____ Municipal Water District.” (Added by Stats. 1963, Ch. 156.)
  79. 71891.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Determinations made in the resolution of formation are final and conclusive.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71891. The determinations made in the resolution of formation shall be final and conclusive. (Added by Stats. 1963, Ch. 156.)
  80. 71892.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    After an improvement district is formed, bond-election proceedings are limited to that district, and taxes to pay the bonds and interest must be levied only on taxable property in the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Formation [71890 - 71892] ( Article 3 added by Stats. 1963, Ch. 156. ) ## 71892. After the formation of the improvement district pursuant to this chapter, all proceedings for the purpose of a bond election shall be limited, and shall apply only, to the improvement district, and taxes for the payment of the bonds and the interest thereon shall be levied exclusively upon the taxable property in the improvement district. (Added by Stats. 1963, Ch. 156.)
  81. 71900.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Calling on Bond Election [71900 - 71901] ( Article 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the board determines the required formation matters and decides bonded indebtedness is necessary, it must call a special election in the improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Calling on Bond Election [71900 - 71901] ( Article 4 added by Stats. 1963, Ch. 156. ) ## 71900. After the Board has made its determination of the matters required to be determined by the resolution of formation, and if the board deems it necessary to incur the bonded indebtedness, the board shall by a futher resolution call a special election in the improvement district for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for the improvement district. (Added by Stats. 1963, Ch. 156.)
  82. 71901.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Calling on Bond Election [71900 - 71901] ( Article 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A resolution calling the bond election must include the statements required by Section 71861 and three additional statements about necessity, the benefited improvement district, and how taxes for the bonds will be levied.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 4. Calling on Bond Election [71900 - 71901] ( Article 4 added by Stats. 1963, Ch. 156. ) ## 71901. The resolution calling the bond election shall contain all of the statements required by Section 71861 and, in addition, shall state: (a) That the board deems it necessary to incur the bonded indebtedness. (b) The improvement district to be benefited by the bonded indebtedness, as set forth in the resolution of formation of the improvement district, and that a map showing the exterior boundaries of the improvement district is on file with the secretary, which map shall govern for all details as to the extent of the improvement district. (c) That taxes for the payment of such bonds and the interest thereon shall be levied exclusively upon the taxable property in the improvement district. (Added by Stats. 1963, Ch. 156.)
  83. 71910.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Advance of Funds [71910 - 71911] ( Article 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may advance the district’s general funds to carry out the purposes of an improvement district formed under this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Advance of Funds [71910 - 71911] ( Article 5 added by Stats. 1963, Ch. 156. ) ## 71910. The board may advance general funds of the district to accomplish the purposes of an improvement district formed pursuant to this chapter. (Added by Stats. 1963, Ch. 156.)
  84. 71911.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Advance of Funds [71910 - 71911] ( Article 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may repay advances of funds from bond-sale proceeds or as provided in Section 71616, and the treasurer must keep records of those repayments and related bond balances.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation of Improvement Districts for Issuance of Bonds [71870 - 71911] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## ARTICLE 5. Advance of Funds [71910 - 71911] ( Article 5 added by Stats. 1963, Ch. 156. ) ## 71911. The board may repay the district for any advance of funds from the proceeds of the sale of bonds authorized for the purposes of the improvement district or as provided in Section 71616. To the extent that advances made for improvements for which such bonds were authorized are repaid from funds other than the proceeds of the sale of bonds of the improvement district, the authority of the board to issue bonds of the improvement district in a like amount or amounts shall terminate. The treasurer shall maintain proper records and accounts in which there shall be set forth all repayments of advances to the extent that advances are made for the improvements for which such bonds were authorized and, to the extent that such repayments reduce the amount of bonds which may be issued on behalf of any improvement district, the net principal amount of authorized but unissued bonds of such improvement district. (Amended by Stats. 1969, Ch. 708.)
  85. 71920.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the board decides bonded debt is necessary for certain district improvements and it will be paid from taxes on an uninhabited part of the district, the board must adopt a resolution stating its intent to form an uninhabited improvement district and incur the debt.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71920. Whenever the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works, or property mentioned in this division and to provide for such bonded indebtedness to be payable from taxes levied upon an uninhabited portion of the district, the board shall, by resolution, declare its intention to form an uninhabited improvement district in such portion of the district and to incur such indebtedness. (Added by Stats. 1963, Ch. 156.)
  86. 71921.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A district area is treated as uninhabited if fewer than 12 voters live there when it is formed.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71921. For the purposes of this chapter the portion of a district formed into an uninhabited improvement district shall be deemed uninhabited if less than 12 voters reside therein at the time of the formation thereof. (Added by Stats. 1963, Ch. 156.)
  87. 71922.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must say that the board plans to form an improvement district and call an election to submit bond indebtedness to the voters.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71922. The resolution of intention shall state that the board intends to form an improvement district of an uninhabited portion of the district which in the opinion of the board will be benefited, and to call an election in such proposed improvement district, on a date to be fixed, for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of bonds of the district for such uninhabited improvement district. (Amended by Stats. 1974, Ch. 385.)
  88. 71923.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state the purpose of the proposed debt, the amount of debt, and that bond taxes will be levied only on taxable property in the uninhabited improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71923. The resolution of intention shall also state: (a) The purpose for which the proposed debt is to be incurred. (b) The amount of debt to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds. (c) That taxes for the payment of the bonds and the interest thereon will be levied exclusively upon the taxable property in the uninhabited improvement district. (Added by Stats. 1963, Ch. 156.)
  89. 71924.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state a general description of the proposed improvement and note that the district map is on file with the secretary and open to inspection by interested persons.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Initiation of Proceedings [71920 - 71924] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71924. The resolution of intention shall also state that a general description of the proposed improvement, together with a map showing the exterior boundaries of the proposed uninhabited improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement is on file with the secretary and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed uninhabited improvement district. (Added by Stats. 1963, Ch. 156.)
  90. 71930.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    If the board decides it is necessary to form the improvement district and incur bonded indebtedness, it must call a special election in the proposed uninhabited improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71930. After the board has made its determination of the matters required to be determined by the resolution of intention, and if the board deems it necessary to form the improvement district and to incur the bonded indebtedness, the board shall by a formation resolution call a special election in the proposed uninhabited improvement district for the purpose of submitting to the voters thereof the proposition of forming the uninhabited improvement district and incurring indebtedness by the issuance of bonds of the district for the uninhabited improvement district. (Repealed and added by Stats. 1974, Ch. 385.)
  91. 71930.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    This article applies only to bond elections called under this chapter, and Elections Code Section 2502 on mandatory election consolidation does not apply here.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71930.5. The provisions of this article apply only to bond elections called pursuant to this chapter. The provisions of Section 2502 of the Elections Code, relating to mandatory consolidation of elections, shall not apply to this chapter. (Amended by Stats. 1994, Ch. 923, Sec. 265. Effective January 1, 1995.)
  92. 71931.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    A voter is a person who holds title, and each voter gets one vote for each dollar of assessed land value held in title.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71931. Voter means a person who is a holder of title. Each voter shall have one vote for each dollar’s worth of assessed value of land to which he holds title. The last equalized assessment roll of the county is conclusive evidence of ownership and of the value of the land so owned. Where title is held by two or more persons in undivided interests, the manner in which such interest may be voted shall be provided in the resolution calling the election. (Repealed and added by Stats. 1974, Ch. 385.)
  93. 71931.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    The board decides the form and type of ballot used in the election, and how it is distributed to voters.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71931.5. The form and type of ballot to be used in the election and the manner of distribution thereof, to the voters, will be determined by the board. (Added by Stats. 1974, Ch. 385.)
  94. 71932.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    Ballots must be returned to the district secretary at the district office by the board-set deadline.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71932. All ballots shall be returned to the secretary of the district at the office of the district on or before the last date established for the return of the ballots by the board. (Repealed and added by Stats. 1974, Ch. 385.)
  95. 71932.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    The board must canvass the votes and declare the result within 10 days after all ballots are received by the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71932.5. Within 10 days after the date on which all ballots must be received by the district, the board shall canvass the votes and declare the result. (Added by Stats. 1974, Ch. 385.)
  96. 71933.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    The ballot must let voters choose whether to support forming the improvement district and issuing bonds that create district indebtedness.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71933. Each ballot will give the voter the option of voting in favor of or in opposition to the formation of the improvement district and incurring indebtedness by the issuance of bonds of the district for the improvement district. (Repealed and added by Stats. 1974, Ch. 385.)
  97. 71933.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    If most votes favor forming the improvement district and taking on bond debt, the district is formed and bonds may be issued; if most votes oppose it, the district is not formed and no bonds may be issued.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71933.5. If a majority of the votes cast are in favor of the formation of the improvement district and incurring indebtedness by the issuance of bonds of the district for the improvement district, the improvement district shall be formed and bonds may be issued pursuant to Chapter 6 (commencing with Section 71950) of this part. If a majority of the votes cast are against the formation of the improvement district and incurring indebtedness by the issuance of bonds of the district for the improvement district, the improvement district shall not be formed and no bonds shall be issued. (Added by Stats. 1974, Ch. 385.)
  98. 71934.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. )

    Verify source ↗

    Voting may be done by proxy, and a proxy appointment can be revoked before the proxy casts a ballot.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Bond Election [71930 - 71934] ( Article 2 repealed and added by Stats. 1974, Ch. 385. ) ## 71934. Voting may be by proxy and every appointment of a proxy is revocable at the pleasure of the person executing it by giving written notice to the district any time before the person appointed as proxy shall cast a ballot representing the votes for which the proxy was given. (Repealed and added by Stats. 1974, Ch. 385.)
  99. 71936.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Advance of Funds [71936 - 71937] ( Article 3 added by Stats. 1963, Ch. 1151. )

    Verify source ↗

    The board may advance the district’s general funds to carry out an improvement district’s purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Advance of Funds [71936 - 71937] ( Article 3 added by Stats. 1963, Ch. 1151. ) ## 71936. The board may advance general funds of the district to accomplish the purposes of an improvement district formed pursuant to this chapter. (Added by Stats. 1963, Ch. 1151.)
  100. 71937.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Advance of Funds [71936 - 71937] ( Article 3 added by Stats. 1963, Ch. 1151. )

    Verify source ↗

    The board may repay district advances from bond-sale proceeds or as allowed by Section 71616, and the treasurer must keep records of repayments and remaining authorized bond amounts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Formation of Uninhabited Improvement Districts for Issuance of Bonds [71920 - 71937] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## ARTICLE 3. Advance of Funds [71936 - 71937] ( Article 3 added by Stats. 1963, Ch. 1151. ) ## 71937. The board may repay the district for any advance of funds from the proceeds of the sale of bonds authorized for the purposes of the improvement district or as provided in Section 71616. To the extent that advances made for improvements for which such bonds were authorized are repaid from the funds other than the proceeds of the sale of bonds of the improvement district, the authority of the board to issue bonds of the improvement district in a like amount or amounts shall terminate. The treasurer shall maintain proper records and accounts in which there shall be set forth all repayments of advances to the extent that advances are made for the improvements for which such bonds were authorized and, to the extent that such repayments reduce the amount of bonds which may be issued on behalf of any improvement district, the net principal amount of authorized but unissued bonds of such improvement district. (Amended by Stats. 1969, Ch. 708.)
  101. 71940.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must arrange for the bond election to be held on the date set in the election resolution and follow the Elections Code as applicable, unless this division provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71940. The board shall provide for holding the bond election on the day fixed in the resolution calling the election and in accordance with the provisions of the Elections Code, so far as they shall be applicable, except as otherwise provided in this division. (Added by Stats. 1963, Ch. 156.)
  102. 71941.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Bond election notice must be published in a local newspaper, or posted in three public places if no local newspaper exists.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71941. Notice of the holding of the bond election shall be given by publishing, pursuant to Section 6066 of the Government Code, the resolution calling the election in at least one newspaper published in the district. The last publication shall be made not less than two weeks prior to the date of the proposed election. If there is no newspaper published in the district, then the resolution shall be posted in three public places in the district not less than two weeks prior to the date of the proposed election. No other notice of the election need be given. (Added by Stats. 1963, Ch. 156.)
  103. 71942.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a bond election will be held in an improvement district, the resolution calling the election must be published and posted before the election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71942. If the bond election is to be held in an improvement district, notice of the holding of such election shall be given by publishing, pursuant to Section 6066 of the Government Code, the resolution calling the election prior to the date of the proposed election in at least one newspaper printed and published in the municipal water district, if there is a newspaper printed and published in the district. Such resolution shall also be posted in three public places in the improvement district not less than two weeks prior to the date of the proposed election. No other notice of the election need be given. (Added by Stats. 1963, Ch. 156.)
  104. 71943.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must canvass and declare the bond election results within seven days after the election, following the Elections Code where applicable and any contrary rule in this division.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71943. The returns of the bond election shall be made, the votes canvassed by the board within seven days following the election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as otherwise provided in this division. (Added by Stats. 1963, Ch. 156.)
  105. 71944.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The secretary must record a statement of the bond election results in the board’s records once the result is declared.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71944. The secretary, as soon as the result of the bond election is declared, shall enter in the records of the board a statement of such results. (Added by Stats. 1963, Ch. 156.)
  106. 71945.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Minor irregularities or informalities in a bond election do not invalidate the election if it was otherwise fairly conducted.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71945. No irregularities or informalities in conducting the bond election shall invalidate it, if the election has otherwise been fairly conducted. (Added by Stats. 1963, Ch. 156.)
  107. 71946.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Challenges to the validity of bonds or related proceedings must be started within three months after the bond election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71946. Any action or proceeding in which the validity of any bonds or of the proceedings in relation thereto (including the formation of an improvement district for which bonds are authorized to be issued by the voters thereof at a bond election) is contested, questioned, or denied shall be commenced within three months from the date of the bond election; otherwise the bonds and all proceedings in relation thereto (including the formation of the improvement district) shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.)
  108. 71947.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may, by resolution and after notice and hearing, modify an improvement and authorize up to the unissued bond amount for the modified project if the original bond sale would not be enough, and the resolution is adopted before January 1, 1972.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 5. Bond Election [71940 - 71947] ( Chapter 5 added by Stats. 1963, Ch. 156. ) ## 71947. If bonds have been authorized at an election held pursuant to this chapter prior to January 1, 1960, a portion of which bonds have not yet been issued, and the board determines that the sale of such unissued portion would be insufficient to finance the completion of the improvement for which the bonds were authorized, the board by resolution adopted prior to January 1, 1972, may modify the improvement and may authorize the issuance of bonds in an amount not exceeding the amount of such unissued portion for the purpose of paying the cost of the improvement as modified, without any further election, but only after notice and hearing in the same manner as provided in Article 2 (commencing with Section 71880) of Chapter 3 of this part and Article 6 (commencing with Section 53520) of Chapter 3, Part 1, Division 2, Title 5 of the Government Code, and provided that at the conclusion of the hearing the board shall by resolution determine that the territory within the district or improvement district will be benefited by the improvement as modified. Bonds so authorized may be issued and sold in the same manner as bonds authorized by an election under this chapter. (Added by Stats. 1971, Ch. 790.)
  109. 71950.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may issue district bonds by resolution if more than two-thirds of votes cast in the bond election favor the indebtedness.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71950. If from the bond election returns it appears that more than two-thirds of the votes cast in such election were in favor of and assented to the incurring of the indebtedness, the board may, by resolution, at such time or times as it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized, and may from time to time provide for the issuance of such amounts as the necessity thereof may appear, until the full amount of such bonds authorized has been issued. (Added by Stats. 1963, Ch. 156.)
  110. 71951.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Authorized bonds may be split into two or more series, and each series may have different dates. A series’ maximum term before maturity cannot exceed 40 years from the series date.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71951. The full amount of the authorized bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series. (Added by Stats. 1963, Ch. 156.)
  111. 71952.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must set bond and coupon forms by resolution and fix when principal becomes due. It may delay the first principal installment for up to five years.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71952. The board shall, by resolution, prescribe the form of the bonds and of the coupons attached thereto and fix the time when the whole or any part of the principal shall become due and payable. The payment of the first installment of principal may be deferred for a period of not more than five years from the date of the bonds or the date of the bonds of each series respectively. (Added by Stats. 1963, Ch. 156.)
  112. 71953.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The bonds must bear interest at no more than 8% per year, paid semiannually.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71953. The bonds shall bear interest at a rate or rates not to exceed 8 percent per year, payable semiannually, except that interest for the first year may be payable at the end of that year. (Amended by Stats. 1975, Ch. 130.)
  113. 71954.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may authorize bonds to be called and redeemed before maturity, on terms it specifies. A bond cannot be called or redeemed before maturity unless it says so in a recital or the statement is printed on it.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71954. The board may provide for the call and redemption of bonds prior to maturity at such times and prices and upon such other terms as it may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon. (Added by Stats. 1963, Ch. 156.)
  114. 71955.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The bond issuance resolution must state the bonds’ denomination, and the denomination cannot be less than $100.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71955. The denomination of the bonds shall be stated in the resolution providing for their issuance but shall not be less than one hundred dollars ($100). (Added by Stats. 1963, Ch. 156.)
  115. 71956.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Bond principal and interest must be payable in lawful U.S. money at the district treasurer’s office or another designated place, and the bondholder may choose either place.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71956. The principal and interest on the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or such other place or places as may be designated, or at either place or places at the option of the holder of the bond. (Added by Stats. 1963, Ch. 156.)
  116. 71957.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    District bonds must be dated, numbered consecutively, signed and countersigned as specified, sealed with the district’s official seal, and the interest coupons must be signed by the district treasurer.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71957. The bonds shall be dated, numbered consecutively, signed by the president and treasurer of the district, countersigned by the secretary, and the official seal of the district attached. The interest coupons of the bonds shall be signed by the treasurer of the district. All such signatures and countersignatures may be printed, lithographed, or mechanically reproduced, except that one of the signatures or countersignatures to the bonds shall be manually affixed. (Added by Stats. 1963, Ch. 156.)
  117. 71958.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    When bond election proceedings apply only to an improvement district, the bonds are treated as district bonds and must be issued in the district’s name with the specified designation. The bonds and coupons must state that repayment taxes are levied only on taxable property in the improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71958. If the bond election proceedings have been limited to and have applied only to an improvement district, the bonds are bonds of the district, shall be issued in the name of the district, and shall be designated “Bonds of ____ Municipal Water District for Improvement District No. ____.” Each bond and all interest coupons thereof shall state that taxes levied for the payment thereof will be levied exclusively upon the taxable property in the improvement district. (Added by Stats. 1963, Ch. 156.)
  118. 71959.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    District bonds have the same force, value, and use as city bonds, and they are exempt from all state taxation.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71959. Any bonds issued by a district have the same force, value, and use as bonds issued by a city and are exempt from all taxation within the State. (Added by Stats. 1963, Ch. 156.)
  119. 71960.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may issue general obligation bonds without a vote if stated conditions are met, the bonds may carry interest up to 8% per year, and matching unissued bonds must be canceled when bonds are issued under this section.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 1. Issuance and Terms [71950 - 71960] ( Article 1 added by Stats. 1963, Ch. 156. ) ## 71960. The board may, without a vote of the electors, provide for the issuance of, and issue, general obligation bonds of the district or for an improvement district thereof if: (a) The principal amount of such bonds do not exceed the then unissued balance of the principal amount of bonds authorized at an election held in the district, or in such improvement district, prior to May 9, 1967; (b) The bonds are issued for the same purpose as that for which said unissued bonds were authorized; and (c) The bonds are issued in accordance with the provisions of this article, except for the requirement of a bond election. Bonds issued pursuant to this section may bear interest at a rate or rates not to exceed 8 percent per year, payable semiannually, except that interest for the first year may be payable at the end of that year. When bonds are issued pursuant to this section, unissued bonds as referred to in (a) and (b) above in a principal amount at least equal to the principal amount of bonds issued pursuant to this section, shall be canceled by order of the board and shall not be issued. (Amended by Stats. 1975, Ch. 130.)
  120. 71970.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Before selling bonds, the board must invite sealed bids. If bids are satisfactory, the bonds go to the highest responsible bidder. If no bids are received or the bids are unsatisfactory, the board may reject them and either readvertise or sell privately.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71970. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in such manner as it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, it may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1963, Ch. 156.)
  121. 71971.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Bond sale proceeds must be deposited into the district treasury, credited to a special improvement fund, and used only for the purpose that created the debt.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71971. The proceeds from the sale of bonds shall be paid into the treasury of the district, placed to the credit of a special improvement fund, and expended only for the purpose for which the indebtedness was created. When such purpose has been accomplished, any moneys remaining in the special improvement fund may be transferred to the fund to be used for the payment of principal of and interest on the bonds. (Added by Stats. 1963, Ch. 156.)
  122. 71972.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Leftover bond-sale money in the special improvement fund may be reused for certain district purposes, but not until two-thirds of qualified voters consent at a special election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71972. Any moneys remaining in the special improvement fund from the sale of bonds of the district after the purpose for which the indebtedness was created has been accomplished may also be used for any other municipal water district purpose. Such moneys remaining from the sale of bonds of the district for an improvement district therein may also be used for any purpose which will benefit the property in the improvement district. Such moneys may not be used for such other municipal water district purpose or improvement district purpose until two-thirds of the qualified voters of the district or improvement district have consented thereto at a special election called in the district or improvement district by the board. Notice of the election shall be given in the manner provided for bond elections in the district or improvement district, as the case may be, and in other respects the election shall be conducted as are other district elections. (Added by Stats. 1963, Ch. 156.)
  123. 71973.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district may pay bond interest from bond-sale proceeds if the interest comes due before certain tax proceeds are available or before one year after completion of the related works.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71973. Interest on any bonds issued by the district coming due before the proceeds of a tax levied at the next general tax levy after the sale of the bonds are available, and interest on any bonds issued by the district coming due before the expiration of one year following completion of the acquisition and construction of the works and improvements for which the bonds were issued may be paid from the proceeds of the sale of the bonds. (Amended by Stats. 1967, Ch. 105.)
  124. 71974.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The district may spend bond-sale proceeds on the purpose for which the debt was created, including in territory annexed after the bonds were authorized.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71974. The proceeds from the sale of bonds of the district issued for an improvement district thereof may be expended for the purpose for which the indebtedness was created in any territory annexed to the improvement district after the authorization of the bonds. (Added by Stats. 1963, Ch. 156.)
  125. 71975.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may modify a bond-financed improvement, issue unissued bonds, or spend bond proceeds for the modified project if required conditions are met.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance and Sale of Bonds [71950 - 71975] ( Chapter 6 added by Stats. 1963, Ch. 156. ) ## ARTICLE 2. Sale of Bonds and Use of Proceeds [71970 - 71975] ( Article 2 added by Stats. 1963, Ch. 156. ) ## 71975. Notwithstanding any other provision of law, within the Rainbow Municipal Water District, if bonds have been authorized or issued pursuant to Chapter 4 (commencing with Section 71920) of this part, and thereafter, due to a change in conditions or circumstances, the board determines that the improvement, generally described in the resolution of intention No. 438, adopted October 27, 1969, pursuant to Section 71924, should be significantly modified, the board by resolution may so modify such improvement and may issue authorized but unissued bonds or, to the extent the rights of bondholders are not impaired, expend the proceeds of bonds issued for the purpose of paying the cost of the improvement as modified, without any further election or without taking proceedings pursuant to Chapter 4 (commencing with Section 71920) of this part, provided that such modification shall not change the purpose for which the sale of bonds was originally authorized, and only after notice and hearing in the same manner as provided in Article 2 (commencing with Section 71880) of Chapter 3 of this part and Article 6 (commencing with Section 53520) of Chapter 3, Part 1, Division 2, Title 5 of the Government Code, and provided that at the conclusion of the hearing the board, four-fifths of the members concurring, shall by resolution determine that the territory within the improvement district will be benefited by the improvement as modified. Notwithstanding the foregoing, the board, by resolution, may make minor modifications in the plans for the acquisition and construction of improvements and the determination made in such resolution shall be final and conclusive. (Added by Stats. 1972, Ch. 285.)
  126. 71980.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    When the board decides bonded debt is necessary for certain improvements, it must declare by resolution that it intends to form a revenue improvement district and incur the debt.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71980. Whenever the board deems it necessary to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works or property mentioned in this division, and to provide for such bonded indebtedness payable exclusively from the revenues of an enterprise acquired, constructed, improved or financed for the benefit of an area less than all of the district, the board shall, by resolution, declare its intention to form a revenue improvement district and to incur such indebtedness. (Added by Stats. 1975, Ch. 229.)
  127. 71981.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The board must use the resolution of intention to state that it plans to form a benefited revenue improvement district and call an election in that proposed district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71981. The resolution of intention shall state that the board intends to form a revenue improvement district of a portion of the district which in the opinion of the board will be benefited, and to call an election in such proposed revenue improvement district, on a date to be fixed, for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of revenue bonds of the district for such revenue improvement district. (Added by Stats. 1975, Ch. 229.)
  128. 71982.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    A resolution of intention must state the purpose of the proposed debt, describe the enterprise generally, specify the estimated debt amount, and say the bonds are revenue bonds payable only from enterprise revenues, not from the district’s taxing power.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71982. The resolution of intention shall also state: (a) The purpose for which the proposed debt is to be incurred and a general description of the enterprise. (b) The estimated amount of debt to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds. (c) That the bonds are to be revenue bonds, and shall be payable exclusively from the revenues of the enterprise within such revenue improvement district and that the bonds are not to be secured by the taxing power of the district. (Added by Stats. 1975, Ch. 229.)
  129. 71983.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The resolution of intention must state where the general description and map of the proposed enterprise and district boundaries are filed and that they are available for inspection by interested persons.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71983. The resolution of intention shall also state that a general description of the proposed enterprise, together with a map showing the exterior boundaries of the proposed revenue improvement district with relation to the territory immediately contiguous thereto and to the proposed enterprise is on file with the secretary and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed revenue improvement district. (Added by Stats. 1975, Ch. 229.)
  130. 71984.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The resolution of intention must state the time and place for a board hearing and say that interested people, including property owners in the district, will be heard.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71984. The resolution of intention shall also state: (a) The time and place for a hearing by the board on the questions of the formation and extent of the proposed revenue improvement district and the proposed enterprise. (b) That at the time and place specified in the resolution any person interested including all persons owning property in the district or in the proposed revenue improvement district, will be heard. (Added by Stats. 1975, Ch. 229.)
  131. 71985.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    Notice of the hearing must be published and posted before the hearing date.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 1. Initiation of Proceedings [71980 - 71985] ( Article 1 added by Stats. 1975, Ch. 229. ) ## 71985. Notice of the hearing shall be given by publishing a copy of the resolution of intention pursuant to Section 6066 of the Government Code prior to the time fixed for the hearing in a newspaper printed and published in the district, if there is a newspaper printed and published in the district. Such notice shall also be given by posting a copy of the resolution of intention in six public places within the proposed revenue improvement district at least two weeks before the time fixed for the hearing. (Added by Stats. 1975, Ch. 229.)
  132. 71986.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 2. Hearing and Changes [71986- 71986.] ( Article 2 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The board must proceed with and conduct the hearing, make changes to the enterprise or proposed debt amount, and hold hearings on those changes, unless this article provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 2. Hearing and Changes [71986- 71986.] ( Article 2 added by Stats. 1975, Ch. 229. ) ## 71986. Except as otherwise provided in this article, the board shall proceed with the hearing, conduct the hearing, make changes to the enterprise or the estimated amount of the proposed debt and hold hearings on the changes pursuant to Sections 71880 to 71883, inclusive. (Added by Stats. 1975, Ch. 229.)
  133. 71987.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    After the hearing, the board must decide by resolution whether to form the proposed revenue improvement district and take on the bonded debt.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. ) ## 71987. At the conclusion of the hearing, the board shall by resolution determine whether it is deemed necessary to form the proposed revenue improvement district and to incur the bonded indebtedness. If so, the resolution shall state: (a) The purpose for which the proposed debt is to be incurred. (b) The estimated amount of the proposed debt. (c) That the exterior boundaries of the portion of the district which will be benefited are set forth on a map on file with the secretary, which map shall govern for all details as to the extent of the revenue improvement district. (d) That such portion of the district set forth on the map shall thereupon be formed and be known as “Revenue Improvement District No. ____ of ____ Municipal Water District.” (Added by Stats. 1975, Ch. 229.)
  134. 71988.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The determinations made in the resolution of formation are final and conclusive.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. ) ## 71988. The determinations made in the resolution of formation shall be final and conclusive. (Added by Stats. 1975, Ch. 229.)
  135. 71989.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    After the district is formed, any proceedings for a revenue bond election must be limited to that revenue improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. ) ## 71989. After the formation of the revenue improvement district pursuant to this chapter, all proceedings for the purpose of a revenue bond election by the revenue improvement district shall be limited, and shall apply only to the revenue improvement district. (Added by Stats. 1975, Ch. 229.)
  136. 71990.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    After an improvement district is formed under this chapter, it is treated as a local agency for the Revenue Bond Law of 1941, unless this chapter says otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 3. Formation of Revenue Improvement District [71987 - 71990] ( Article 3 added by Stats. 1975, Ch. 229. ) ## 71990. Except as otherwise provided by this chapter, after the formation of the improvement district pursuant to this chapter, the improvement district shall be a local agency for the purposes of the Revenue Bond Law of 1941 and the terms defined in the Revenue Bond Law of 1941 shall have the meaning therein set forth unless the context requires a different meaning. (Added by Stats. 1975, Ch. 229.)
  137. 71991.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    If the board decides it is necessary to incur bonded indebtedness, it must call a special election in the revenue improvement district to submit the bond question to voters.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. ) ## 71991. After the board has made its determination of the matters required to be determined by the resolution of formation, and if the board deems it necessary to incur the bonded indebtedness, the board shall, by a further resolution, call a special election in the revenue improvement district for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of revenue bonds of the district for the revenue improvement district. The election shall be held and the votes canvassed pursuant to law for municipal water district elections. (Added by Stats. 1975, Ch. 229.)
  138. 71992.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The resolution for a revenue bond election must include required statements and be published, and bond issuance must follow the Revenue Bond Law of 1941 except as otherwise required by law and this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. ) ## 71992. The resolution calling the revenue bond election shall be adopted, contain the statement, be published and provide for issuance of the revenue bonds in accordance with Article 3 (commencing with Section 54380 of the Government Code) of the Revenue Bond Law of 1941, except as otherwise required by law and this chapter, and, in addition, the resolution shall state: (a) That the board deems it necessary to incur the bonded indebtedness. (b) The revenue improvement district to be benefited by the bonded indebtedness, as set forth in the resolution of formation of the revenue improvement district, and that a map showing the exterior boundaries of the revenue improvement district is on file with the secretary, which map shall govern for all details as to the extent of the revenue improvement district. (c) That the votes of a majority of all voters voting on the proposition are required to authorize the issuance of the revenue bond. (Added by Stats. 1975, Ch. 229.)
  139. 71993.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    If the revenue bond election authorizes issuance, the board must arrange the bonds’ issuance, sale, authentication, form, and redemption under the Revenue Bond Law of 1941.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. ) ## 71993. If the issuance of the revenue bonds is authorized at the election, the board shall provide for their issuance, sale, authentication, form and redemption in the manner provided in the Revenue Bond Law of 1941. (Added by Stats. 1975, Ch. 229.)
  140. 71994.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    This section says the article adds to, and does not replace, the district’s powers and duties under the Revenue Bond Law of 1941, unless there is a conflict; in that case, the Revenue Bond Law of 1941 controls.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 4. Calling of Revenue Bond Election [71991 - 71994] ( Article 4 added by Stats. 1975, Ch. 229. ) ## 71994. It is the intent of the Legislature that the provisions of this article shall be in addition to, and not exclusive of, the powers and duties of the revenue improvement district as a local agency under the Revenue Bond Law of 1941, except that where this chapter is inconsistent with the Revenue Bond Law of 1941, the Revenue Bond Law of 1941 is controlling. The municipal water district may do any act for or on behalf of the revenue improvement district authorized by law and the Revenue Bond Law of 1941 not inconsistent with the provisions of this chapter or in derogation of the security of the bondholders. (Added by Stats. 1975, Ch. 229.)
  141. 71995.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 5. Advance of Funds [71995 - 71996] ( Article 5 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The board may advance district general funds to support a revenue improvement district created under this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 5. Advance of Funds [71995 - 71996] ( Article 5 added by Stats. 1975, Ch. 229. ) ## 71995. The board may advance general funds of the district to accomplish the purposes of a revenue improvement district formed pursuant to this chapter. (Added by Stats. 1975, Ch. 229.)
  142. 71996.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 5. Advance of Funds [71995 - 71996] ( Article 5 added by Stats. 1975, Ch. 229. )

    Verify source ↗

    The board may repay the district for advances of funds using proceeds from authorized revenue bond sales.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 7. BONDS [71852 - 71996] ( Part 7 added by Stats. 1963, Ch. 156. ) ## CHAPTER 7. Formation of Improvement Districts for Issuance of Revenue Bonds [71980 - 71996] ( Chapter 7 added by Stats. 1975, Ch. 229. ) ## ARTICLE 5. Advance of Funds [71995 - 71996] ( Article 5 added by Stats. 1975, Ch. 229. ) ## 71996. The board may repay the district for any advance of funds from the proceeds of the sale of revenue bonds authorized for the purposes of the improvement district. (Added by Stats. 1975, Ch. 229.)
  143. 72000.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the board thinks it is necessary, it must adopt a resolution stating that it intends to form an improvement district of part of the district for a non-bond purpose.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72000. Whenever the board deems it necessary to form an improvement district of a portion of the district for a purpose other than the incurring of bonded indebtedness, the board shall by resolution declare that it intends to form an improvement district of a portion of the district which in its opinion will be benefited. (Added by Stats. 1963, Ch. 156.)
  144. 72001.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state the district’s purpose, the estimated cost, and that taxes for the purpose will be levied only on taxable property in the proposed improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72001. The resolution of intention shall also state: (a) The purpose for which the proposed improvement district is to be formed. (b) The estimated expense of carrying out such purpose. (c) That taxes for carrying out such purpose will be levied exclusively upon the taxable property in the proposed improvement district. (Added by Stats. 1963, Ch. 156.)
  145. 72002.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state that a map of the proposed improvement district boundaries is on file with the secretary and open for inspection by interested persons.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72002. The resolution of intention shall also state that a map showing the exterior boundaries of the proposed improvement district, with relation to the territory immediately contiguous thereto, is on file with the secretary and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. (Added by Stats. 1963, Ch. 156.)
  146. 72003.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The resolution of intention must state the time and place of a board hearing, and interested persons must be allowed to be heard.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72003. The resolution of intention shall also state: (a) The time and place for a hearing by the board on the questions of the formation and extent of the proposed improvement district, the purpose for which it is to be formed, and the estimated expense of carrying out such purpose. (b) That at such time and place any person interested, including all persons owning property in the district or in the proposed improvement district, will be heard. (Added by Stats. 1963, Ch. 156.)
  147. 72004.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Notice of the hearing must be given by publishing the resolution of intention in a newspaper in the municipal water district, if one exists, and by posting it in three public places in the proposed improvement district for at least two weeks before the hearing.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 1. Initiation of Proceedings [72000 - 72004] ( Chapter 1 added by Stats. 1963, Ch. 156. ) ## 72004. Notice of the hearing shall be given by publishing a copy of the resolution of intention, pursuant to Section 6066 of the Government Code, prior to the time fixed for the hearing in a newspaper circulated in the municipal water district, if there is a newspaper circulated in the district. Such notice shall also be given by posting a copy of the resolution of intention, in three public places within the proposed improvement district for at least two weeks before the time fixed for the hearing. (Added by Stats. 1963, Ch. 156.)
  148. 72010.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must hold the hearing at the scheduled time and place, or at an adjourned hearing, and interested persons may appear and present material matters.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72010. At the time and place so fixed in the resolution of intention, or at any time or place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing any person interested, including any person owning property in the district, or in the proposed improvement district, may appear and present any matters material to the questions set forth in the resolution of intention. (Added by Stats. 1963, Ch. 156.)
  149. 72011.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    After the hearing, the board must decide by resolution whether the improvement district should be formed, and if it does, the resolution must state the district’s purpose, estimated expense, mapped boundaries, and the district name.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72011. At the conclusion of the hearing, the board shall by resolution determine whether it is necessary to form the improvement district. If so, the resolution shall also state: (a) The purpose for which the proposed improvement district is to be formed. (b) The estimated expense of carrying out such purpose. (c) That the exterior boundaries of the portion of the district which will be benefited are set forth on a map on file with the secretary, which map shall govern for all details as to the extent of the improvement district. (d) That such portion of the district set forth on the map, shall thereupon constitute and be known as “Improvement District (A, B, C, or other letter designation)____ of ____ Municipal Water District.” (Added by Stats. 1963, Ch. 156.)
  150. 72012.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The determinations made in the resolution of formation are final and conclusive.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72012. The determinations made in the resolution of formation shall be final and conclusive. (Added by Stats. 1963, Ch. 156.)
  151. 72013.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    After an improvement district is formed under this part, taxes for its purpose must be levied only on taxable property in the improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72013. After the formation of the improvement district pursuant to this part, all taxes levied for the carrying out of its purpose shall be levied exclusively upon the taxable property in the improvement district. (Added by Stats. 1963, Ch. 156.)
  152. 72014.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A resolution of formation must be published and posted, and it does not take effect until 31 days after publication and posting are completed.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 2. Hearing and Adoption of Resolution of Formation [72010 - 72014] ( Chapter 2 added by Stats. 1963, Ch. 156. ) ## 72014. A copy of the resolution of formation shall be published pursuant to Section 6066 of the Government Code in a newspaper printed and published in the district, if there is a newspaper printed and published in the district. A copy of the resolution shall also be posted in three public places within the proposed improvement district for at least two weeks. The resolution of formation shall not be effective until the 31st day after completion of the publication and posting. (Added by Stats. 1963, Ch. 156.)
  153. 72020.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If a petition signed by at least 10% of the proposed improvement district’s voters is presented before the formation resolution takes effect, the board must call a special election on forming the district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72020. If a petition signed by not less than 10 percent of the voters of the proposed improvement district requesting that an election be held on the formation thereof is presented to the board before the effective date of the resolution of formation, the board shall by resolution call a special election in the proposed improvement district for the purpose of submitting the question of the formation of the improvement district to the voters of the proposed improvement district. (Added by Stats. 1963, Ch. 156.)
  154. 72020.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    In the Casitas Municipal Water District, the board may call a special election by resolution to ask voters whether to form an improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72020.5. In addition to the provisions of Section 72020, in the Casitas Municipal Water District, the board may by resolution call a special election in the proposed improvement district for the purpose of submitting the question of the formation of the improvement district to the voters of the proposed improvement district. This special provision for Casitas Municipal Water District is necessary because the Legislature recognizes that certain proposed improvement districts in the Casitas Municipal Water District are controversial, that an election should be called, and that to require a petition to be circulated for recognized controversial improvement districts would constitute an unnecessary hardship. This problem is not common to all districts formed under this division. It is therefore hereby declared that a general law cannot be made applicable and that the enactment of this section as a special law is necessary for the solution of problems existing in the Casitas Municipal Water District. (Added by Stats. 1976, Ch. 1273.)
  155. 72021.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must arrange the special election for the day set in the resolution and follow the Elections Code as applicable, unless this division provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72021. The board shall provide for holding the special election on the day fixed in the resolution calling the election and in accordance with the provisions of the Elections Code so far as they shall be applicable, except as otherwise provided in this division. (Added by Stats. 1963, Ch. 156.)
  156. 72022.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Notice of a special election must be given by publishing the calling resolution before the election date, and by posting the resolution in three public places at least two weeks before the election.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72022. Notice of the holding of the special election shall be given by publishing the resolution calling the election, pursuant to Section 6066 of the Government Code, prior to the date of the proposed election in at least one newspaper printed and published in the municipal water district, if there is a newspaper printed and published in the district. The resolution shall also be posted in three public places in the proposed improvement district not less than two weeks prior to the date of the proposed election. No other notice of the election need be given. (Added by Stats. 1963, Ch. 156.)
  157. 72023.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board must canvass the votes from the special election within seven days after the election, following the Elections Code as applicable unless this division says otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72023. The returns of the special election shall be made, the votes canvassed by the board within seven days following the election, and the results thereof ascertained and declared in accordance with the provisions of the Elections Code, so far as they may be applicable, except as otherwise provided in this division. (Added by Stats. 1963, Ch. 156.)
  158. 72024.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The secretary must record the special election results in the board’s records as soon as the result is declared.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72024. The secretary, as soon as the result of the special election is declared, shall enter in the records of the board a statement of such results. (Added by Stats. 1963, Ch. 156.)
  159. 72025.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    If the special election returns show a majority in favor, the improvement district’s formation is complete.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72025. If from the special election returns it appears that a majority of the votes cast at such election were in favor of the formation of the improvement district, the formation of the improvement district shall be complete. (Added by Stats. 1963, Ch. 156.)
  160. 72026.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    Irregularities or informalities in a special election do not invalidate the election if it was otherwise fairly conducted.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72026. No irregularities or informalities in conducting the special election shall invalidate it, if the election has otherwise been fairly conducted. (Added by Stats. 1963, Ch. 156.)
  161. 72027.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    A legal challenge to the formation of an improvement district, or related proceedings, must be started within three months, or the formation and proceedings are treated as valid and incontestable.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3. Formation Election [72020 - 72027] ( Chapter 3 added by Stats. 1963, Ch. 156. ) ## 72027. Any action or proceeding in which the validity of the formation of the improvement district or of any of the proceedings in relation thereto is contested, questioned, or denied shall be commenced within three months from the effective date of the resolution of formation, or, if an election is held, within three months from the date of such election; otherwise the formation of the improvement district and all proceedings in relation thereto shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 1963, Ch. 156.)
  162. 72028.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. )

    Verify source ↗

    When the board decides it is necessary, it must adopt a resolution declaring its intent to impose the proportional share of extraordinary water delivery costs on benefited improvement districts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. ) ## 72028. Whenever the board determines that it is necessary to equitably apportion any extraordinary costs of water delivery, including, but not limited to, filtration costs, to the benefited improvement districts within the district, the board shall, by resolution, declare its intent to impose the proportional share of such costs on the improvement districts within the district. (Added by Stats. 1974, Ch. 830.)
  163. 72028.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. )

    Verify source ↗

    A resolution of intention must describe the extraordinary water-delivery costs, how much each benefited improvement district will bear, and call a combined election in the affected improvement districts.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. ) ## 72028.1. The resolution of intention shall include the nature of the extraordinary costs of water delivery, the amount of the cost which is to be borne by each benefited improvement district, and the calling of a combined election within all of the improvement districts affected on a date to be fixed for the purpose of submitting to the voters thereof the proposition of imposing additional debt on the improvement district. (Added by Stats. 1974, Ch. 830.)
  164. 72028.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. )

    Verify source ↗

    An election called by the resolution of intention must be held under the procedures for bond elections in Chapter 5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. ) ## 72028.2. The election called by the resolution of intention shall be held in accordance with the provisions of Chapter 5 (commencing with Section 71940) of Part 7 of this division for the holding of bond elections. (Added by Stats. 1974, Ch. 830.)
  165. 72028.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. )

    Verify source ↗

    If a majority of registered voters in the combined improvement districts vote for the proposition, the additional debt must be imposed; otherwise it must not.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. ) ## 72028.3. If the majority of the registered voters in all of the combined improvement districts in which the election is held voting on the proposition vote to impose the additional debt on the improvement districts, it shall be imposed; otherwise it shall not. (Added by Stats. 1974, Ch. 830.)
  166. 72028.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. )

    Verify source ↗

    If additional debt is imposed on an improvement district under this chapter, the board must act to require the board of supervisors to levy an additional tax on property in the affected improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 3.5. Apportionment of Extraordinary Costs of Water Delivery [72028 - 72028.4] ( Chapter 3.5 added by Stats. 1974, Ch. 830. ) ## 72028.4. When additional debt is imposed on improvement districts pursuant to this chapter, the board shall take action at the time and in the manner required by law to require the board of supervisors to levy, in addition to any other tax it levies, a tax upon the property within the affected improvement districts at a rate or rates fixed by the board. (Added by Stats. 1974, Ch. 830.)
  167. 72030.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Advance of Funds [72030 - 72031] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may advance the district’s general funds to carry out an improvement district’s purposes.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Advance of Funds [72030 - 72031] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 72030. The board may advance general funds of the district to accomplish the purposes of an improvement district formed pursuant to this part. (Added by Stats. 1963, Ch. 156.)
  168. 72031.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Advance of Funds [72030 - 72031] ( Chapter 4 added by Stats. 1963, Ch. 156. )

    Verify source ↗

    The board may require repayment of advances of funds, with interest capped at the interest value of money to the district, paid from taxes levied only on taxable property in the improvement district.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 4. Advance of Funds [72030 - 72031] ( Chapter 4 added by Stats. 1963, Ch. 156. ) ## 72031. The board may provide that the district shall be repaid for any advance of funds, with interest at a rate not to exceed the interest value of money to the district, from the taxes levied exclusively upon the taxable property in the improvement district. (Amended by Stats. 1969, Ch. 708.)
  169. 72060.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 1. General Provisions [72060 - 72061] ( Article 1 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    This chapter applies only to the Pomona Valley Municipal Water District.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 1. General Provisions [72060 - 72061] ( Article 1 added by Stats. 1974, Ch. 791. ) ## 72060. The provisions of this chapter apply only to the Pomona Valley Municipal Water District. (Added by Stats. 1974, Ch. 791.)
  170. 72061.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 1. General Provisions [72060 - 72061] ( Article 1 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    Within the Pomona Valley Municipal Water District, the district may issue bonds and pay the related debt service under this chapter, unless the chapter provides otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 1. General Provisions [72060 - 72061] ( Article 1 added by Stats. 1974, Ch. 791. ) ## 72061. Notwithstanding any other provisions of law, within the Pomona Valley Municipal Water District, bonds may be issued by such district and the debt service thereon paid in and for the purpose and in the manner provided in this chapter. Except as provided otherwise in this chapter, such bonds shall be issued and the debt service thereon paid in and for the purpose and in the manner otherwise provided by this division. (Added by Stats. 1974, Ch. 791.)
  171. 72062.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    If the board decides a bonded debt is needed for certain district improvements or property, it must adopt a resolution and call a district election to ask voters to approve issuing bonds.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. ) ## 72062. Whenever the board deems it necessary for the district to incur a bonded indebtedness for the acquisition, construction, completion, or repair of any or all improvements, works, or property mentioned in this division, the board shall, by resolution, so declare and call an election to be held in the district for the purpose of submitting to the voters thereof the proposition of incurring indebtedness by the issuance of the bonds of the district pursuant to the provisions of this chapter. (Added by Stats. 1974, Ch. 791.)
  172. 72063.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    The bond election resolution must state specified details about the proposed bonds, their repayment, and the election itself.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. ) ## 72063. The resolution calling the bond election shall state all of the following: (a) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of bonds. (b) The amount of debt to be incurred by the district, and the initial percentage of the debt service on the debt to be incurred which is to be paid by each improvement district, subject to annual adjustment of such amount pursuant to Water Code Sections 72073 through 72076 hereof. (c) The full amount of the authorized bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term, which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series. (d) The bonds shall bear interest at a rate or rates not to exceed 8 percent per year, payable semiannually, except that interest for the first year may be payable at the end of that year. (e) The measure to be submitted to the voters, which measure shall state that the bonds are to be issued and paid for in the manner set forth in this chapter and in the resolution calling the bond election. (f) The principal of, or interest on, the bonded debt shall be paid from taxes levied and collected in the entire district as provided in Part 9 (commencing with Section 72090) of this division, except to the extent revenues of the district, or revenues raised by the alternative methods provided by this chapter in the improvement districts established pursuant to Article 3 (commencing with Section 72065) of this chapter are sufficient to pay the amount of such principal and interest that will become due before the proceeds of a tax levied at the next general tax levy will be available. (g) The date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred. (h) The designation of precincts and the location of polling places. (Amended by Stats. 1975, Ch. 291.)
  173. 72064.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    The board may issue district bonds by resolution if the bond election returns show more than half of the votes supported the indebtedness.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. ) ## 72064. If, from the bond election returns, it appears that more than one-half of the votes cast in such election were in favor of, and assented to, the incurring of the indebtedness, the board may, by resolution, at such time or times as it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized, and may from time to time provide for the issuance of such amounts as the necessity therefor may appear, until the full amount of such bonds authorized has been issued. (Added by Stats. 1974, Ch. 791.)
  174. 72064.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    Bond elections, issuance, and sales are governed by this division unless this section says otherwise.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 2. Bond Election, Issuance, and Sale [72062 - 72064.1] ( Article 2 added by Stats. 1974, Ch. 791. ) ## 72064.1. Except as provided otherwise herein, such election, issuance, and sale of bonds shall be governed by the provisions of this division. (Added by Stats. 1974, Ch. 791.)
  175. 72065.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 3. Improvement Districts [72065- 72065.] ( Article 3 added by Stats. 1974, Ch. 791. )

    Verify source ↗

    The section establishes nine improvement districts for bond issuance, but only if the district electorate authorizes the bonds.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 3. Improvement Districts [72065- 72065.] ( Article 3 added by Stats. 1974, Ch. 791. ) ## 72065. For the purpose of issuing bonds pursuant to the provisions of this chapter, nine improvement districts, the designations and boundaries of which are described as follows, are hereby established upon the authorization of such bonds by the electorate of such district pursuant to the provisions of this chapter: CLAREMONT IMPROVEMENT DISTRICT Beginning at a point in the Northerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974, said point also being the Southwest corner of the Northeast Quarter of Section 21, T.1N.—R.8W. S.B.B.M.; thence Easterly and Southerly along said District boundary to the point of intersection with the most Southerly boundary of the City of Claremont as same existed on July 1, 1974; thence Westerly and Northerly along said corporate boundary to a point of intersection with the center line of Towne Avenue as same existed on July 1, 1974; thence North along said center line to the point of intersection with the center line of Briarcroft Road; thence Westerly along said center line and its Westerly prolongation to its intersection with the center line of the Los Angeles County Flood Control District Thompson Creek Wash Right of Way as same existed on July 1, 1974; thence Northerly along said center line to the point of intersection with the center line of Baseline Road as same existed on July 1, 1974; thence Westerly along said center line of Baseline Road to the point of intersection with the center line of Webb Canyon Road as same existed on July 1, 1974; thence Northerly along the center line of Webb Canyon Road to the point of intersection with the North/South center line of Section 32 T.1N.—R.8W. S.B.B.M.; thence Northerly along said center line of Section 32 and Section 29 T.1N.—R.8W. S. B.B.M. to the Northwest corner of the Southwest Quarter of the Northeast Quarter of said Section 29; thence Easterly along the East/West center line of the said Northeast Quarter of Section 29 to the Easterly line of Section 29; thence North to the point of intersection with the Easterly boundary of the Marshall Canyon Regional Park as same existed on July 1, 1974; thence Northerly and Easterly along said boundary to the point of beginning. LA VERNE IMPROVEMENT DISTRICT Beginning at the most Northwesterly corner of the Claremont Improvement District, as described above; thence Southerly and Westerly along the Westerly edge of said Claremont Improvement District to the intersection with the center line of Briarcroft Road as same existed on July 1, 1974; thence Westerly along said center line and its Westerly prolongation to its intersection with the center line of Williams Avenue as same existed on July 1, 1974; thence Southerly along the center line of Williams Avenue to the intersection with the center line of Foothill Boulevard as same existed on July 1, 1974; thence Northwesterly along said center line of Foothill Boulevard to its intersection with the Easterly boundary of the City of La Verne as same existed on July 1, 1974; thence generally Southerly, Westerly, and Northerly along the said corporate city boundary to the center line of Puddingstone Drive as same existed on July 1, 1974; thence Westerly along the center line of Puddingstone Drive to its intersection with the Easterly boundary of the Los Angeles County Flood Control District Puddingstone Channel Right of Way as same existed on July 1, 1974; thence Northerly along said Right of Way boundary to its intersection with the Southeasterly boundary of the Los Angeles County Flood Control District San Dimas Wash Reservoir site; thence Northerly along said Reservoir site Easterly boundary and its Northeasterly prolongation to the center line of Section 36, T.1N., R.9W.; thence North along said center line to the Northerly line of said Section 36; thence West along said Northerly line to its intersection with the center line of San Dimas Canyon Road as same existed on July 1, 1974; thence Northerly on the centerline of San Dimas Canyon Road to its point of intersection with the Northerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974; thence Easterly along said Northerly boundary to the point of beginning. SAN DIMAS IMPROVEMENT DISTRICT Beginning at a point in the Northerly boundary of the Pomona Valley Municipal Water District, said point also being the center of Section 27, T.1N.—R.9W. S.B.B.M.; thence Easterly along said District boundary to the Northwesterly corner of the La Verne Improvement District as described above; thence Southerly along said Westerly La Verne Boundary and its Southeasterly prolongation to the Northerly Right of Way of Ganesha Boulevard as same existed on July 1, 1974; thence Southwesterly along said Northerly Right of Way of Ganesha Boulevard to the Northerly Right of Way of U.S. 10 (San Bernardino Freeway) as same existed on July 1, 1974; thence Southwesterly along said Northerly Right of Way to the Westerly boundary of the Rancho San Jose, said point also being the point of intersection with the Northerly prolongation of the Northwesterly property line of the California Polytechnic University (Kellogg Campus); thence Southeasterly along said prolongation to the most Northerly and Westerly corner of the California State Polytechnic University property as same existed on July 1, 1974; thence Southerly and Westerly along the Northwesterly property lines of the California Polytechnic University and Mt. San Antonio Junior College properties to its intersection with the Easterly Right of Way of Grand Avenue as same existed on July 1, 1974; thence Northerly along the Southerly prolongation of the Northwesterly corporate boundary of the City of Walnut as same existed on July 1, 1974; thence continuing Northwesterly and Northeasterly along said corporate boundary to the most Northerly point of the City of Walnut as same existed on July 1, 1974, said point also being the Westerly property line of the Forest Lawn Memorial Park as same existed on July 1, 1974; thence North along said Westerly property line and its prolongation to the intersection with the Northerly Right of Way of U.S. 10 (San Bernardino Freeway) as same existed on July 1, 1974; thence Easterly along said Right of Way to its intersection with the corporate boundary of the City of San Dimas as same existed on July 1, 1974; thence Northwesterly and Northeasterly along said corporate boundary to its intersection with the Covina corporate boundary as same existed on July 1, 1974; thence Northeasterly, Westerly, and North along said Covina boundary and its Northerly prolongation to the center line of Badillo Street as same existed on July 1, 1974; thence Westerly on the center line of Badillo Street to its intersection with the center line of Banna Avenue as same existed on July 1, 1974; thence North along the center line of Banna Avenue to the center line of Ruddock Street as same existed on July 1, 1974; thence Westerly along the center line of Ruddock Street to the intersection of the center line of Glendora Avenue as same existed on July 1, 1974; thence North on the center line of Glendora Avenue to the Northerly line of the Southern Pacific Railroad Right of Way as same existed on July 1, 1974; thence Southwesterly along said Right of Way to its intersection with the Westerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974; thence generally Northerly, Westerly, and Northerly along the District boundary to its intersection with the center line of Arrow Highway as same existed on July 1, 1974; thence East on the center line of Arrow Highway to its intersection with the corporate boundary of the City of San Dimas as same existed on July 1, 1974; thence generally Northerly, Easterly, and Northerly along said corporate boundary to the point of beginning. GLENDORA IMPROVEMENT DISTRICT Beginning at a point on the Northerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974, said point also being the center of Section 27, T.1N., R.9W. S.B.B.M; thence Southerly and Westerly along the Westerly boundary of the above mentioned San Dimas Improvement District to the Westerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974; thence Northerly and Easterly around said Pomona Valley Municipal Water District’s Westerly and Northerly boundary to the point of beginning. COVINA IMPROVEMENT DISTRICT Beginning at a point in the Westerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974, said point also being the center line of U.S. 10 (San Bernardino Freeway); thence North and East along said District boundary to its point of intersection with the Northerly Right of Way line of the Southern Pacific Railroad as same existed on July 1, 1974; thence Northerly and Southerly along the San Dimas Improvement District boundary as described above to the most Northerly point in the corporate boundary of the City of Walnut as same existed on July 1, 1974; thence Southerly and Westerly along said corporate boundary to the Westerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974; thence North along said Westerly boundary to the point of beginning. POMONA IMPROVEMENT DISTRICT Beginning at a point on the Easterly boundary of the Pomona Valley Municipal Water District, said point being the most Southeasterly corner of the Claremont Improvement District as herein described above; thence Southerly, Westerly, and Southerly along said Easterly District boundary and the Southerly and Westerly boundary of the city of Pomona to its point of intersection with the Easterly corporate boundary of the City of Walnut as same existed on July 1, 1974; thence Northerly along said corporate boundary to its point of intersection with the Southerly boundary of the San Dimas Improvement district as described above; thence Easterly along said above described Southerly San Dimas, La Verne, and Claremont Improvement District boundaries to the point of beginning. DIAMOND BAR IMPROVEMENT DISTRICT Beginning at a point in the Easterly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974, said point also being the intersection of the Southerly corporate boundary of the City of Pomona as same existed on July 1, 1974, with the Los Angeles County boundary; thence Southerly and Westerly along the Easterly and Southerly boundary of the District to its intersection with the center line of the California No. 57 Right of Way (Orange Freeway) as same existed on July 1, 1974; thence Northeasterly along said center line to the Westerly boundary of Sections 32, 29, and 20, T.2S.-R.9W. S.B.B.M.; thence North along said Westerly boundary lines to the North boundary line of Section 20, T.2S.-R.9W. S.B.B.M.; thence East along said North line to the center line of said mentioned California No. 57 Right of Way (Orange Freeway) as same existed on July 1, 1974; thence Northeasterly along said center line to the West boundary of Sections 10 and 3, T.2S.-R.9W. S.B.B.M.; thence North along said Westerly boundary to its intersection with the corporate boundary of the City of Pomona, said line also being a point in the Southerly boundary of Pomona Improvement District as same existed on July 1, 1974; thence Northeasterly and Southeasterly along said Southern boundary of Pomona Improvement District to the point of beginning. WALNUT IMPROVEMENT DISTRICT Beginning at the point on the Westerly boundary of the Pomona Valley Municipal Water District, said point also being the intersection of the corporate boundary of the City of Walnut as same existed on July 1, 1974, and the most Southwesterly point of Covina Improvement District as described above; thence Easterly along the Southerly and Westerly boundaries of the Covina, San Dimas, Pomona, and Diamond Bar Improvement Districts to the point of intersection with the Southerly boundary of the Walnut Valley Water District as same existed on July 1, 1974; thence Westerly and Northerly along the Southerly and Westerly boundary of said Walnut Valley Water District to the point of intersection with the Southerly projection of the center line of Nogales Avenue as same existed on July 1, 1974; thence North on said center line of Nogales Avenue and its Northerly prolongation to its intersection with the Easterly Corporate boundary of the City of West Covina as same existed on July 1, 1974; thence Northerly along said Easterly boundary to its intersection with the Westerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974; thence Northerly along said District boundary to the point of beginning. ROWLAND IMPROVEMENT DISTRICT Beginning at a point in the Southerly boundary of the Pomona Valley Municipal Water District as same existed on July 1, 1974, said point also being the center line of the California No. 57 Right of Way (Orange Freeway) and the Southwesterly corner of the Diamond Bar Improvement District as described above; thence Westerly, Northerly, and Easterly along said Southwesterly boundary of the Pomona Valley Municipal Water District to the point of intersection with the Walnut Improvement District as described above; thence Southerly along the Westerly boundary of the Walnut and Diamond Bar Improvement Districts to the point of beginning. (Amended by Stats. 1975, Ch. 291.)
  176. 72066.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    This section says the terms used in this chapter are defined in this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066. As used in this chapter, the following terms shall have the meaning described in this article: (Repealed and added by Stats. 1975, Ch. 291.)
  177. 72066.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    “Board” means the Board of Directors of the Pomona Valley Municipal Water District.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.1. “Board” shall mean the Board of Directors of the Pomona Valley Municipal Water District. (Added by Stats. 1975, Ch. 291.)
  178. 72066.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    This section defines “Charges” for this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.2. “Charges” shall mean charges made for metered water or for minimum charges for services, including customers’ charges, service charges, demand charges, and capacity charges, but shall not include charges made for water which is to be resold and delivered through mains or pipes. (Added by Stats. 1975, Ch. 291.)
  179. 72066.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    “Month” means a calendar month.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.3. “Month” shall mean a calendar month. (Added by Stats. 1975, Ch. 291.)
  180. 72066.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    This section defines “Person” broadly to include corporations, partnerships, trusts, individuals, municipal corporations, the state, and political subdivisions.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.4. “Person” shall mean any domestic or foreign corporation, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society, individual, municipal corporation, and the state and any political subdivision thereof. (Added by Stats. 1975, Ch. 291.)
  181. 72066.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    “Service user” means a person who must pay a tax imposed under this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.5. “Service user” shall mean any person required to pay a tax imposed under the provisions of this chapter. (Added by Stats. 1975, Ch. 291.)
  182. 72066.6.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. )

    Verify source ↗

    This section defines “service supplier” as a person required to collect a tax under this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 4. Definitions [72066 - 72066.6] ( Article 4 repealed and added by Stats. 1975, Ch. 291. ) ## 72066.6. “Service supplier” shall mean any person required to collect a tax under the provisions of this chapter. (Added by Stats. 1975, Ch. 291.)
  183. 72067.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board may exercise its powers and duties for improvement districts under this chapter in the same way as for other improvement districts under the division, and also in any other manner provided in this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72067. The board may exercise all of its powers and duties in regard to improvement districts established by this chapter in the same manner as to improvement districts otherwise formed under the provisions of this division, in addition to the manner otherwise provided in this chapter. (Repealed and added by Stats. 1975, Ch. 291.)
  184. 72068.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    Any portion of the district may be annexed to an improvement district under the procedure in the referenced chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72068. Any portion of the district, whether contiguous or not to an improvement district established by this chapter, may be annexed to such improvement district in the manner provided in Chapter 1 (commencing with Section 72670) of Part 11 of this division. (Repealed and added by Stats. 1975, Ch. 291.)
  185. 72069.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    Any portion of the district may be excluded from an improvement district, following the procedure in Chapter 5 starting at Section 72040.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72069. Any portion of the district may be excluded from an improvement district established by this chapter in the manner provided in Chapter 5 (commencing with Section 72040) of this part. (Added by Stats. 1975, Ch. 291.)
  186. 72070.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board may advance the district’s general funds to carry out improvement-district purposes under this chapter.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72070. The board may advance general funds of the district to accomplish the purposes of an improvement district performed pursuant to this chapter. (Added by Stats. 1975, Ch. 291.)
  187. 72071.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board may repay the district for advances of funds, plus interest, using specified revenue sources.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72071. The board may repay the district for any advance of funds, together with interest, at a rate not to exceed the interest value of money to the district, from any combination of the following sources: (a) The proceeds of the sale of bonds authorized for the purposes of the improvement district. (b) The taxes levied exclusively upon the taxable property in the improvement district. (c) Revenue derived from any source set forth in Section 72077 hereof. (Repealed and added by Stats. 1975, Ch. 291.)
  188. 72071.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board may levy an ad valorem property tax in each qualifying improvement district to pay maintenance and operation costs for bond-financed improvements.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 5. Powers—Generally [72067 - 72071.1] ( Article 5 added by Stats. 1975, Ch. 291. ) ## 72071.1. The board may levy an ad valorem property tax in each improvement district established pursuant to Article 3 (commencing with Section 72062) of this chapter, sufficient to pay the share of the maintenance and operation costs of any improvements constructed from the proceeds of bonds authorized pursuant to this chapter, for each such improvement district. The authorization of the bonds by the voters shall constitute authorization of the ad valorem property tax herein provided and no election need be held as provided in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 1975, Ch. 291.)
  189. 72072.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board has power to levy a utility tax under this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072. In addition to the powers otherwise provided for improvement districts under this division, the board shall have the power to levy a utility tax, as provided by this article, on every person using water within any of the improvement districts established by this chapter or on every person using water within the service area of any retail water purveyor within any such improvement district. (Repealed and added by Stats. 1975, Ch. 291.)
  190. 72072.1.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    This article must not be read to impose a tax if doing so would violate the U.S. Constitution or California Constitution.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.1. Nothing in this article shall be construed as imposing a tax upon any person when the imposition of such tax upon that person would be in violation of the Constitution of the United States or the Constitution of this state. (Added by Stats. 1975, Ch. 291.)
  191. 72072.10.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

    Verify source ↗

    The board must enforce this article and may adopt rules for administering and enforcing it, but it cannot use those rules to change service terms or conflict with a supplier’s billing, collecting, and accounting procedures.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.10. The board shall enforce the provisions of this article and may prescribe, adopt and enforce rules and regulations relating to the administration and enforcement of this article. The board shall not prescribe, adopt or enforce any rule or regulation which has the effect, directly or indirectly, of altering the terms and conditions of service of a service supplier serving the general public. Rules and regulations prescribed and adopted by the board shall not be inconsistent with procedures established from time to time by a service supplier serving the general public for the purpose of billing, collecting and accounting for charges in the conduct of its business. (Added by Stats. 1975, Ch. 291.)
  192. 72072.11.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    The board may refund certain taxes if a written claim is filed within two years of payment.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.11. Whenever the amount of any tax has been overpaid or paid more than once or had been erroneously or illegally collected or received by the board, it may be refunded, provided that a claim therefor in writing is filed with the board within two years of the date of payment. (Added by Stats. 1975, Ch. 291.)
  193. 72072.12.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    A service supplier may claim a refund or credit for certain taxes collected if the service user did not owe the tax and the board-prescribed proof requirement is met.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.12. Notwithstanding the provisions of Section 72072.11, a service supplier may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the board that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (Added by Stats. 1975, Ch. 291.)
  194. 72072.2.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    People subject to the Public Utilities Commission’s jurisdiction do not need commission authorization to comply with this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.2. Notwithstanding any other provision of law to the contrary, persons subject to the jurisdiction of the Public Utilities Commission need not obtain an authorization from the commission to comply with the provisions of this article. (Added by Stats. 1975, Ch. 291.)
  195. 72072.3.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    The board may impose a water-use tax in the specified improvement districts, and the person paying for the water must pay that tax.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.3. The board hereby is authorized to impose a tax upon every person using water within any of the improvement districts established by this chapter or on every person using water within the service area of any retail water purveyor within any such improvement district, at the rate and in the manner provided in this article. The tax imposed by this section shall be a percentage of the charges made for such use of water and shall be paid by the person paying for such water. (Added by Stats. 1975, Ch. 291.)
  196. 72072.4.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    The service supplier must collect the tax from the service user and remit the collected amount to the board by the last day of the following month.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.4. The tax imposed in this article shall be collected from the service user by the service supplier. The amount collected in one month shall be remitted to the board on or before the last day of the following month. (Added by Stats. 1975, Ch. 291.)
  197. 72072.5.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    The service supplier should collect the taxes at the same time as regular billing, as far as practicable. If a user pays less than the full bill, part of both the charge and the tax counts as paid.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.5. The taxes imposed by this article shall be collected, insofar as practicable, at the same time as, and along with, the charges made in accordance with the regular billing practice of the service supplier. If the amount paid by a service user to a service supplier is less than the full amount of the charge and the tax which has accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid. (Added by Stats. 1975, Ch. 291.)
  198. 72072.6.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    Taxes collected from the service user become delinquent if they are not remitted to the board by the due dates in this article.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.6. Taxes collected from the service user which are not remitted to the board on or before the due dates provided in this article are delinquent. (Added by Stats. 1975, Ch. 291.)
  199. 72072.7.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    A service supplier that does not remit the tax after notice must pay a 10% penalty; if the board finds the nonpayment was due to fraud, an extra 25% penalty applies, and interest accrues at 1% per month until paid.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.7. Interest and penalties for delinquency in remittance of any tax collected by a service supplier and not remitted to the board shall be assessed as follows: (a) Any service supplier who fails to remit any tax imposed by this article within 30 days after receipt of written notice from the board of such failure shall pay a penalty of 10 percent of the amount of the tax. (b) If the board determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalty stated in subdivision (a). (c) In addition to the penalties imposed in this section, any service supplier who fails to remit any tax imposed by this part, shall pay interest at the rate of 1 percent per month, or fraction thereof, on the amount of the tax exclusive of penalties, from the date on which the remittance first became delinquent until paid. (Added by Stats. 1975, Ch. 291.)
  200. 72072.8.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. )

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    If a service user does not pay a tax under this article, penalties, interest, and a collection charge apply, and the board collects them.

    ## Water Code - WAT ## DIVISION 20. MUNICIPAL WATER DISTRICTS [71000 - 73001] ( Division 20 added by Stats. 1963, Ch. 156. ) ## PART 8. FORMATION OF IMPROVEMENT DISTRICTS FOR PURPOSES OTHER THAN ISSUANCE OF BONDS [72000 - 72077] ( Part 8 added by Stats. 1963, Ch. 156. ) ## CHAPTER 6. Issuance of Bonds and Payment of Debt Service by the Pomona Valley Municipal Water District [72060 - 72077] ( Chapter 6 added by Stats. 1974, Ch. 791. ) ## ARTICLE 6. Powers—Utility Tax [72072 - 72072.12] ( Article 6 added by Stats. 1975, Ch. 291. ) ## 72072.8. Failure by a service user to pay any tax imposed by this article shall result in the following interest and penalties on the service user: (a) Any service user who fails to pay any tax imposed by this article within 90 days of the date of receipt of notice of the amount of tax due from the service supplier shall pay a penalty of 10 percent of the amount of the unpaid tax. (b) In addition to the penalty imposed in this section, any service user who fails to pay any tax imposed by this article, shall pay interest at the rate of 6 percent per annum, exclusive of penalties, from the date on which the remittance first became delinquent until paid, and a collection charge of five dollars ($5) for each delinquent account. (c) The penalties, interest, and collection charges imposed by this section shall not be billed or collected by the service supplier, but shall be determined and collected by the board. (Added by Stats. 1975, Ch. 291.)

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