State Codes and Statutes

Statutes > California > Wat > 35520-35520.46

WATER CODE
SECTION 35520-35520.46



35520.  The provisions of this chapter shall apply only to the Lost
Hills Water District. The powers provided in this chapter shall be in
addition to any existing powers the district may have in relation to
drainage and disposal of drain water.



35520.1.  A district may acquire, construct, operate, and furnish
facilities for the control of waters to protect, maintain, and
enhance the quality of lands within the district, including drainage,
disposal of drainage water and water of deleterious quality, and
conservation and beneficial use of flood, storm, and other waste
waters occurring on the lands.



35520.2.  If a district determines to exercise the powers granted by
this chapter, the district shall prepare and adopt a plan of works
and an estimate of the amount of money necessary to be raised for the
implementation of the plan of works. The estimate shall include
contingencies, bond issuing expenses, provision for a reserve for
bond discount not in excess of 10 percent of the total amount of the
assessment, provision for a bond reserve not in excess of 15 percent
of the total amount of the assessment, all expenses estimated to be
incurred in complying with the procedures required by this chapter,
cost of acquisition of land and rights of way, construction costs,
provision for inflation, and all other costs properly chargeable to
the plan.



35520.3.  In order to carry out the powers and purposes granted
under this chapter, a district may exercise or use any of the powers
or procedures otherwise granted to a district under this division to
the extent the powers or procedures may be made applicable.



35520.4.  The powers or procedures referred to in Section 35520.3
includes, but are not limited to, the following:
   (a) Bonds issued pursuant to Chapter 2 (commencing with Section
35950), Chapter 3 (commencing with Section 36150), and Chapter 4
(commencing with Section 36300) of Part 6.
   (b) Warrants issued pursuant to Chapter 4.5 (commencing with
Section 36400) of Part 6.
   (c) The formation of improvement districts and bonds therefor
pursuant to Chapter 4.9 (commencing with Section 36410) and Chapter 5
(commencing with Section 36450) of Part 6.
   (d) The acquisition of property pursuant to Article 1 (commencing
with Section 35600) of Chapter 3.
   (e) Contracts with other agencies pursuant to Chapter 5
(commencing with Section 35850).



35520.5.  The powers and procedures referred to in Section 35520.3
shall include all powers or procedures necessary, useful, or
desirable to carry out the powers and purposes of this chapter.



35520.6.  Notwithstanding any other provision of this division, the
board may determine to issue bonds secured by benefit assessments, in
which event the board shall define and determine a drainage service
area which may be the entire district or any lesser portion thereof
that will be benefited by the project.
   The service area shall be designated "Drainage Service Area No.
____ of ____ Water District." The service area may be subdivided by
the board into separate zones or subareas that benefit solely from
separate components of the total project.


35520.7.  When the board has determined to issue bonds secured by
benefit assessments, it shall, by resolution, employ a civil
engineer, who shall have no interest, directly or indirectly, in any
land in the district, to apportion the cost of the plan, to which
shall be added the compensation to be paid the engineer, in
accordance with benefit to each tract of land within the service area
held in separate ownership.



35520.8.  Upon completion of the apportionment of costs, the
engineer shall prepare and certify to the board an assessment roll
which shall contain all of the following:
   (a) A description of the service area to be benefited by the plan
and of any zones or subareas into which the service area has been
divided.
   (b) A description of each tract held in separate ownership by
legal subdivision, governmental survey, or other boundary sufficient
to identify it. If any area composed of more than one tract held in
separate ownership is not assessed because the lands therein will not
be benefited by the expenditure of the funds to be raised by the
assessment, a description of the area as a whole without a
description of each tract is sufficient.
   (c) The number of acres in each tract.
   (d) The name and address of the owner of each tract, if known, and
if unknown, that fact. No mistake or error in the name of the owner
of the property assessed and no mistake in any other particular shall
render the assessment invalid.
   (e) The rate per acre of the assessment upon each tract assessed,
or if no assessment is made upon any tract or area composed of more
than one tract, a statement of that fact.
   (f) The total amount of the assessment as computed.



35520.9.  When completed, the roll, which shall be accompanied by
the written report of the engineer setting out with particularity the
exact nature and quantum of the benefits assessed, apportioned, and
allocated to each tract of land in the service area with respect to
each separable component of the proposed project, shall be certified
by the engineer and filed with the board.



35520.10.  The board shall file a copy of the roll and report in its
records and forthwith give notice of the filing of the report and
assessment roll by publication at least once a week for two
successive weeks in a newspaper of general circulation published in
each affected county, and by mailing copies of the notice to each
affected landowner, as shown on the last equalized assessment book of
the district or as is otherwise known to the district, stating
therein the time and place of a special meeting which shall be not
less than 15 days after the completion of publication and mailing at
which meeting all interested persons, including all persons owning
land in the district or in the affected drainage service area, may
appear and be heard concerning any matter set forth in the roll and
report.



35520.11.  If no objections are presented to the board with respect
to a particular assessment at the time and place noticed, the
secretary shall execute a certificate in which the secretary shall
certify that no objections were so presented and the assessment roll
and certificate shall be filed in the district records.




35520.12.  The board may continue the hearing on objections to
assessments from time to time.



35520.13.  At the hearing, the board shall hear any evidence that
may be offered on the correctness of the assessment and may modify,
amend, or approve the assessment in any particular and may
reapportion the whole or any part of it.


35520.14.  After the hearing of objections, the board shall, by
resolution, approve the assessment as finally fixed or modified. A
certified copy of the assessment roll as finally fixed shall be filed
in the district records.


35520.15.  When the secretary files the certificate as provided in
Section 35520.11 or, if objections are raised, when the board
approves the assessment as finally fixed as provided in Section
35520.14, the board shall call a special district election at which
there shall be submitted to the electors of the district the question
of whether or not the board shall be authorized to issue bonds
secured by the benefit assessment roll, which election shall be held
and conducted in the manner set forth in Section 35520.16. At the
election, the ballots shall contain the words "Benefit Assessment
Bonds - Yes" and "Benefit Assessment Bonds - No" or words equivalent
thereto.



35520.16.  The election required by Section 35520.15 shall be
called, noticed, and held in the manner provided for bond elections
by Chapter 2 (commencing with Section 35100) and Chapter 3
(commencing with Section 35150) of Part 4, except as follows:
   (a) The election shall be held on any Tuesday designated by the
board which is not an election day designated in Section 1000 of the
Elections Code and is not a state holiday or the day before or the
day after a state holiday.
   (b) Notwithstanding Section 35152.6, unless the voting procedure
of the district has been changed from a landowner voting district to
a resident voting district pursuant to Article 3 (commencing with
Section 35040) of Chapter 1 of Part 4, the qualified voters at the
election shall be determined according to Article 1 (commencing with
Section 35003) of Chapter 1 of Part 4.



35520.17.  The board may advance general funds of the district to
pay all costs and expenses incurred in preparation of the plan of
works and estimate of cost provided for by Section 35520.2, in the
preparation of the assessment roll and report provided for by
Sections 35520.7 and 35520.8, in noticing and calling the hearing
required by Section 35520.10, and in calling, noticing, and holding
the election provided by Section 35520.15. The advances shall be
repaid to the general funds of the district with the proceeds of the
call provided for in Section 35520.18 or from the proceeds of sale of
the first division of bonds called for sale pursuant to Section
35520.24.



35520.18.  If more than one-third of the votes cast are for "Benefit
Assessment Bonds - No," the board shall, by resolution, abandon the
project, make a call upon the assessment roll, certified as provided
for by Section 35520.11 or as finally fixed as provided for by
Section 35520.14, sufficient to pay all costs and expenses incurred
in preparation of the plan of works and estimate of cost provided for
by Section 35520.2, in the preparation of the assessment roll and
report provided for by Sections 35520.7 and 35520.8, in noticing and
holding the hearing required by Section 35520.10, and in calling,
noticing, and holding the election provided for by Section 35520.15
and, thereafter, cancel all the assessment remaining uncalled.




35520.19.  If two-thirds or more of the votes are cast for "Benefit
Assessment Bonds - Yes," the board shall transmit a certified copy of
the roll to the district tax collector. The charges assessed by the
roll as certified as provided for by Section 35520.11, or as finally
fixed as provided for by Section 35520.14, shall, upon recordation of
a notice in each affected county in the manner specified in Section
3114 of the Streets and Highways Code, constitute a lien upon the
land in each county which is prior to all other liens except city,
county, and special district assessments or ad valorem taxes levied
or assessed by or under statutory authority. The notice recorded
pursuant to this section shall expressly provide that the lien is
prior to all other liens except city, county, and special district
assessments or ad valorem taxes.



35520.20.  The assessment roll as approved by the board shall be
conclusive evidence before any court or body that the assessment has
been made and levied according to law.



35520.21.  All unpaid assessments shall bear interest at the rate of
12 percent per annum. Interest shall commence to run 30 days after
the board has adopted a resolution calling for the sale of bonds
secured by the assessment.


35520.22.  The assessment list shall remain open for payment of any
unpaid balance of the assessment thereon at the office of the
district tax collector until such time as the board adopts a
resolution calling for the sale of bonds secured by the assessment.




35520.23.  Payments on assessments made to the district tax
collector prior to the adoption of a resolution of the board calling
for the sale of bonds secured by the assessment shall be transferred
by the tax collector to the district treasurer and placed in the
construction fund.



35520.24.  Any time after the filing of the assessment roll as
provided in Section 35520.19, the board may, by resolution, call for
the sale of bonds secured by the assessment. The form and substance
of the bonds and the sale thereof shall be governed by Sections
35520.35 and 35520.36. The total par value of bonds sold against any
benefit assessment shall not exceed the total assessment less any
collections against the assessment made prior to the first adoption
of a resolution for sale of bonds secured by the assessment.



35520.25.  Collection of assessments levied and called by the board
shall be made by the district tax collector.



35520.26.  Concurrently with the making of the annual estimate to be
filed with the board of supervisors pursuant to Section 36552, the
board shall designate and determine, by resolution, the percentage of
any assessment previously levied that shall be called and collected.
The interest due on unpaid assessments may be called without calling
any installment of the assessment.
   A certified copy of the call resolution shall be published once a
week for three successive weeks in a newspaper of general circulation
published in the principal county, commencing no more than 20 days
following the adoption of the call resolution. The secretary,
concurrently with the first publication of a certified copy of the
call resolution, shall deliver certified copies thereof, one to the
district assessor, one to the district tax collector, and one to the
district treasurer.


35520.27.  The district assessor, upon receipt of the assessment
call resolution from the secretary, shall compute the amount to be
collected from each parcel of land in separate ownership in the
service area established pursuant to Section 35520.6 and shall enter
in a separate space in the district's assessment book entitled
"Drainage Service Area No. ____ Assessment" the sums, in dollars and
cents, to be collected against the respective parcels of land.



35520.28.  Assessments called pursuant to this chapter shall be
collected at the same time and in the same manner as district
assessments. When collected, the entire amount collected shall be
transferred to the benefit assessment bond fund of the district.




35520.29.  The board shall levy an amendatory assessment in the
manner provided for original assessments if any of the following
occur:
   (a) Any land within the drainage service area is omitted from any
assessment roll.
   (b) Land appears on the assessment roll but is neither assessed or
stated not to be assessed.
   (c) A final judgment of a court of competent jurisdiction has held
that any assessment is not valid as to any part of the land
assessed. This amendatory assessment shall be based upon a
determination, as nearly as may be, of the amount the original
assessment upon the land would have been except for the omission or
invalidity.



35520.30.  When any tract of land upon which any assessment has been
levied is subdivided into smaller parcels, the board shall, upon its
own motion or upon written application therefor signed by a
landowner of record within the subdivided tract, after a hearing
noticed and held in the same fashion as provided in Section 35520.10,
reapportion the assessment upon the tract as will, in the judgment
of the board, charge each of the smaller parcels with a just portion
of the assessment. The reapportionment shall be entered in the
minutes of the board and, upon entry, shall become final.



35520.31.  The secretary shall file certified copies of any
amendatory or reapportioned assessment with the district assessor,
the district tax collector, and the district treasurer.



35520.32.  Upon the inclusion of any land within a drainage service
area, an assessment shall be levied upon the land so included. The
amount of the assessment against each tract or parcel is to be the
amount, as nearly as can be determined, of all the assessments which
would have been levied against the tract or parcel had it been
included in the drainage service area from the time of the original
levy of the assessment.



35520.33.  When a district has levied an assessment and it appears
to the board that the assessment or some part thereof, together with
the interest thereon, will provide an amount greater than is required
to meet all obligations incurred, or to be incurred for, the
purposes for which the assessment or part thereof was levied, and if
no bonds secured by the assessment are outstanding, the board may, by
resolution, declare its intention to cancel all or any portion of
the assessment, including any interest thereon, or all or any portion
of the interest.
   For the purposes of this section, the term "assessment balances"
means the assessment and the interest thereon, and the board, in the
manner and subject to the limitations provided in this chapter, may
cancel any part of the assessment balance, including all of the
assessment and the interest thereon, a part of the assessment and the
interest thereon, all of the interest on the assessment, or a part
of the interest on the assessment.



35520.34.  The board, pursuant to a resolution entered in its
minutes, may distribute among the landowners of a drainage service
area any funds in the treasury belonging to the service area which
were collected on an assessment on which no bonds are outstanding or
collected by way of interest or penalties on the assessment or by the
rental, sale, or redemption of delinquent land under the assessment
and which appear to the board to be greater than required to meet all
obligations incurred or to be incurred for the purposes for which
the assessment was levied. The distribution to the landowners shall
be made in the proportion that they were assessed on the assessment.



35520.35.  All bonds issued under this chapter shall be payable in
lawful money of the United States. Subject to the provisions of this
chapter, the board shall prescribe the form and the manner of
execution of the bonds.
   An issue of bonds is hereby defined to be all of the bonds to be
issued in accordance with a proposal approved by the electors of the
district. Each issue of the bonds of a district shall be numbered
consecutively, as authorized, and the bonds of each issue shall be
numbered consecutively.
   The board shall fix the date of the bonds, or may divide any issue
into two or more divisions and fix different dates and different
rates of interest for the bonds of the divisions. The date of any
bond shall be subsequent to the election at which its issuance was
authorized. The bonds shall be made payable at such times as the
board prescribes, but in no case shall the maturity of any bond be
more than 40 years from the date thereof. The bonds shall bear
interest at a rate or rates to be fixed by the board, not exceeding
12 percent per annum, payable semiannually on the first day of
January and the first day of July of each year. The principal and
interest shall be payable at a place to be designated by the board
and specified in each bond.
   The bonds shall express on their face that they were issued under
the authority of this chapter.



35520.36.  The board may sell the bonds, from time to time, in such
quantities as may be necessary and most advantageous to raise money
to carry out the objects and purposes of this chapter.
   Before making any sale, the board shall at a regular meeting, by
resolution, declare its intention to sell a specified amount of the
bonds and the day and hour and place of the sale and shall cause
notice of the sale to be given by publication of the resolution at
least once a week for two successive weeks in a newspaper of general
circulation published in each county in which any portion of the
district is located and, at its discretion, in other newspapers. The
publications shall be complete not less than 10 days prior to the
date of sale. The notice shall state that sealed proposals will be
received for the purchase of the bonds until the day and hour named
in the resolution.
   The board shall award the purchase of the bonds to the highest
responsible bidder. However, the board may reject all bids. The board
shall, in no event, sell any of the bonds for less than 90 percent
of the par value thereof.


35520.37.  All bonds of the same issue shall be equally and ratably
secured without priority by reason of number, date of bonds, date of
sale, date of execution, or date of delivery by the lien of the
benefit assessment roll recorded pursuant to Section 35520.19.




35520.38.  For the purpose of the care, operation, management, and
improvement of a project or projects, including payment of salaries
of officers and employees and all other expenses, and for the payment
of principal of and interest on any bonds issued under this chapter,
the board may, in lieu, either in part or in whole, of calling
assessments as provided for in this chapter, fix rates of tolls and
charges for drainage facilities or available drainage facilities and
other services rendered by the district and collect the tolls and
charges from all persons receiving the benefit of the drainage
facilities or other services. The tolls and charges shall be
proportional as nearly as possible to the services rendered.




35520.39.  Whenever any tolls or charges for the use of drainage
facilities or for other services rendered by the district provided
for in this chapter have been fixed by the board, they may be made
payable in advance.


35520.40.  In case any tolls or charges remain unpaid for a period
of 30 days after they become payable, they shall become delinquent
and a penalty of 10 percent shall be added thereto, and they bear
interest at the rate of 1 percent per month or fraction thereof.




35520.41.  After any toll or charge becomes delinquent, the board
may, by resolution, direct the assessor to add to the assessment of
the parcel of land to which it relates all delinquent tolls and
charges, penalties, and interest thereon.




35520.42.  In addition to and as an alternative to all other powers
contained in this chapter with respect to provision of funds for the
purpose of the care, operation, management, and improvement of a
project or projects undertaken under the authority of this chapter,
including the payment of salaries of officers and employees and all
other expenses, and for the payment of principal of and interest on
any bonds issued under this chapter, zones may be established within
the drainage service area for the purpose of fixing rates of
assessment in accordance with the extent of benefits derived, or to
be derived, by each zone from services to the land in each zone
arising from the service area's plan of works or any separately
identifiable part thereof.



35520.43.  No zone shall be established or varying rates of
assessment fixed under Section 35520.42, unless the board, by
resolution, declares that it intends to do so and that a public
hearing will be held thereon at a specified time and place where all
interested persons may appear and be heard.
   Notice of the hearing shall be given by publishing a copy of the
resolution in a newspaper of general circulation, published in each
affected county, pursuant to Section 6066 of the Government Code, the
first publication to be at least 14 days prior to the time fixed for
the hearing. A copy of the resolution shall be mailed, postage
prepaid, to each holder of title to land within the drainage service
area as shown upon the last equalized assessment book of the distict
at least 15 days prior to the time fixed for the hearing. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall determine the
zones of benefit established, if any, the share of benefits received
by each zone arising from the district's operation, expressed as a
percentage, the criteria for establishing each zone, and the
percentage expressed. A map of the drainage service area in such
detail as to delineate the geographical area of each zone shall be a
part of the resolution. The zones and the percentages may be amended
from time to time or abolished in the same manner required for
original adoption.



35520.44.  The board annually, concurrently with the making of the
estimate required by Section 36552, shall adopt a resolution setting
forth an estimate of the amount of money needed for the purposes of
the drainage service area for the next fiscal year. The amount shall
be sufficient to raise interest accruing and principal maturing
during the fiscal year on outstanding bonds of the district issued
for the drainage service area, incidental expenses of the service
area, and the cost of the care, operation, management, or improvement
of the works of the drainage service area, or that part of the costs
as the board determines is to be raised by assessment. The amount of
the assessment to be borne by each zone shall be computed by
multiplying the total amount to be raised by assessment by the
percentage of benefits accruing to each zone as declared by the
board.
   In the resolution to be adopted pursuant to this section, the
board shall provide for a public hearing upon the assessment to be
levied and shall specify a time and place when all interested persons
may appear and be heard. Notice of the hearing shall be given by
publishing a copy of the resolution in a newspaper of general
circulation, published in each affected county, pursuant to Section
6066 of the Government Code, the first publication to be at least 14
days prior to the time fixed for the hearing. A copy of the
resolution shall be mailed, postage prepaid, to each holder of title
to land within title within the drainage service area as shown upon
the last equalized assessment book of the district. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall, by resolution,
levy an assessment upon all lands within each zone sufficient to
raise the amount stated in the estimate of the board as revised, if
revised, at the hearing. Assessments made within each zone of benefit
established pursuant to this chapter shall be levied on all lands
within the zone of benefit on an acreage basis.



35520.45.  The secretary shall deliver certified copies of the
resolution levying the assessment pursuant to Section 35520.44, one
to the district assessor, one to the district tax collector, and one
to the district treasurer.
   The district assessor, upon receipt of a certified copy of the
resolution, shall compute the amount to be collected from each parcel
of land in separate ownership in the affected drainage service area
and shall enter in a separate space in the district's assessment book
entitled "Drainage Service Area No. ____ Annual Assessment," the
sums, in dollars and cents, to be collected against the respective
parcels of land.



35520.46.  Proceeds from assessments levied pursuant to this chapter
may be used to pay any lawful obligation of the district incurred in
the care, operation, or management of the works of the district for
the drainage service area for which the assessment is levied.


State Codes and Statutes

Statutes > California > Wat > 35520-35520.46

WATER CODE
SECTION 35520-35520.46



35520.  The provisions of this chapter shall apply only to the Lost
Hills Water District. The powers provided in this chapter shall be in
addition to any existing powers the district may have in relation to
drainage and disposal of drain water.



35520.1.  A district may acquire, construct, operate, and furnish
facilities for the control of waters to protect, maintain, and
enhance the quality of lands within the district, including drainage,
disposal of drainage water and water of deleterious quality, and
conservation and beneficial use of flood, storm, and other waste
waters occurring on the lands.



35520.2.  If a district determines to exercise the powers granted by
this chapter, the district shall prepare and adopt a plan of works
and an estimate of the amount of money necessary to be raised for the
implementation of the plan of works. The estimate shall include
contingencies, bond issuing expenses, provision for a reserve for
bond discount not in excess of 10 percent of the total amount of the
assessment, provision for a bond reserve not in excess of 15 percent
of the total amount of the assessment, all expenses estimated to be
incurred in complying with the procedures required by this chapter,
cost of acquisition of land and rights of way, construction costs,
provision for inflation, and all other costs properly chargeable to
the plan.



35520.3.  In order to carry out the powers and purposes granted
under this chapter, a district may exercise or use any of the powers
or procedures otherwise granted to a district under this division to
the extent the powers or procedures may be made applicable.



35520.4.  The powers or procedures referred to in Section 35520.3
includes, but are not limited to, the following:
   (a) Bonds issued pursuant to Chapter 2 (commencing with Section
35950), Chapter 3 (commencing with Section 36150), and Chapter 4
(commencing with Section 36300) of Part 6.
   (b) Warrants issued pursuant to Chapter 4.5 (commencing with
Section 36400) of Part 6.
   (c) The formation of improvement districts and bonds therefor
pursuant to Chapter 4.9 (commencing with Section 36410) and Chapter 5
(commencing with Section 36450) of Part 6.
   (d) The acquisition of property pursuant to Article 1 (commencing
with Section 35600) of Chapter 3.
   (e) Contracts with other agencies pursuant to Chapter 5
(commencing with Section 35850).



35520.5.  The powers and procedures referred to in Section 35520.3
shall include all powers or procedures necessary, useful, or
desirable to carry out the powers and purposes of this chapter.



35520.6.  Notwithstanding any other provision of this division, the
board may determine to issue bonds secured by benefit assessments, in
which event the board shall define and determine a drainage service
area which may be the entire district or any lesser portion thereof
that will be benefited by the project.
   The service area shall be designated "Drainage Service Area No.
____ of ____ Water District." The service area may be subdivided by
the board into separate zones or subareas that benefit solely from
separate components of the total project.


35520.7.  When the board has determined to issue bonds secured by
benefit assessments, it shall, by resolution, employ a civil
engineer, who shall have no interest, directly or indirectly, in any
land in the district, to apportion the cost of the plan, to which
shall be added the compensation to be paid the engineer, in
accordance with benefit to each tract of land within the service area
held in separate ownership.



35520.8.  Upon completion of the apportionment of costs, the
engineer shall prepare and certify to the board an assessment roll
which shall contain all of the following:
   (a) A description of the service area to be benefited by the plan
and of any zones or subareas into which the service area has been
divided.
   (b) A description of each tract held in separate ownership by
legal subdivision, governmental survey, or other boundary sufficient
to identify it. If any area composed of more than one tract held in
separate ownership is not assessed because the lands therein will not
be benefited by the expenditure of the funds to be raised by the
assessment, a description of the area as a whole without a
description of each tract is sufficient.
   (c) The number of acres in each tract.
   (d) The name and address of the owner of each tract, if known, and
if unknown, that fact. No mistake or error in the name of the owner
of the property assessed and no mistake in any other particular shall
render the assessment invalid.
   (e) The rate per acre of the assessment upon each tract assessed,
or if no assessment is made upon any tract or area composed of more
than one tract, a statement of that fact.
   (f) The total amount of the assessment as computed.



35520.9.  When completed, the roll, which shall be accompanied by
the written report of the engineer setting out with particularity the
exact nature and quantum of the benefits assessed, apportioned, and
allocated to each tract of land in the service area with respect to
each separable component of the proposed project, shall be certified
by the engineer and filed with the board.



35520.10.  The board shall file a copy of the roll and report in its
records and forthwith give notice of the filing of the report and
assessment roll by publication at least once a week for two
successive weeks in a newspaper of general circulation published in
each affected county, and by mailing copies of the notice to each
affected landowner, as shown on the last equalized assessment book of
the district or as is otherwise known to the district, stating
therein the time and place of a special meeting which shall be not
less than 15 days after the completion of publication and mailing at
which meeting all interested persons, including all persons owning
land in the district or in the affected drainage service area, may
appear and be heard concerning any matter set forth in the roll and
report.



35520.11.  If no objections are presented to the board with respect
to a particular assessment at the time and place noticed, the
secretary shall execute a certificate in which the secretary shall
certify that no objections were so presented and the assessment roll
and certificate shall be filed in the district records.




35520.12.  The board may continue the hearing on objections to
assessments from time to time.



35520.13.  At the hearing, the board shall hear any evidence that
may be offered on the correctness of the assessment and may modify,
amend, or approve the assessment in any particular and may
reapportion the whole or any part of it.


35520.14.  After the hearing of objections, the board shall, by
resolution, approve the assessment as finally fixed or modified. A
certified copy of the assessment roll as finally fixed shall be filed
in the district records.


35520.15.  When the secretary files the certificate as provided in
Section 35520.11 or, if objections are raised, when the board
approves the assessment as finally fixed as provided in Section
35520.14, the board shall call a special district election at which
there shall be submitted to the electors of the district the question
of whether or not the board shall be authorized to issue bonds
secured by the benefit assessment roll, which election shall be held
and conducted in the manner set forth in Section 35520.16. At the
election, the ballots shall contain the words "Benefit Assessment
Bonds - Yes" and "Benefit Assessment Bonds - No" or words equivalent
thereto.



35520.16.  The election required by Section 35520.15 shall be
called, noticed, and held in the manner provided for bond elections
by Chapter 2 (commencing with Section 35100) and Chapter 3
(commencing with Section 35150) of Part 4, except as follows:
   (a) The election shall be held on any Tuesday designated by the
board which is not an election day designated in Section 1000 of the
Elections Code and is not a state holiday or the day before or the
day after a state holiday.
   (b) Notwithstanding Section 35152.6, unless the voting procedure
of the district has been changed from a landowner voting district to
a resident voting district pursuant to Article 3 (commencing with
Section 35040) of Chapter 1 of Part 4, the qualified voters at the
election shall be determined according to Article 1 (commencing with
Section 35003) of Chapter 1 of Part 4.



35520.17.  The board may advance general funds of the district to
pay all costs and expenses incurred in preparation of the plan of
works and estimate of cost provided for by Section 35520.2, in the
preparation of the assessment roll and report provided for by
Sections 35520.7 and 35520.8, in noticing and calling the hearing
required by Section 35520.10, and in calling, noticing, and holding
the election provided by Section 35520.15. The advances shall be
repaid to the general funds of the district with the proceeds of the
call provided for in Section 35520.18 or from the proceeds of sale of
the first division of bonds called for sale pursuant to Section
35520.24.



35520.18.  If more than one-third of the votes cast are for "Benefit
Assessment Bonds - No," the board shall, by resolution, abandon the
project, make a call upon the assessment roll, certified as provided
for by Section 35520.11 or as finally fixed as provided for by
Section 35520.14, sufficient to pay all costs and expenses incurred
in preparation of the plan of works and estimate of cost provided for
by Section 35520.2, in the preparation of the assessment roll and
report provided for by Sections 35520.7 and 35520.8, in noticing and
holding the hearing required by Section 35520.10, and in calling,
noticing, and holding the election provided for by Section 35520.15
and, thereafter, cancel all the assessment remaining uncalled.




35520.19.  If two-thirds or more of the votes are cast for "Benefit
Assessment Bonds - Yes," the board shall transmit a certified copy of
the roll to the district tax collector. The charges assessed by the
roll as certified as provided for by Section 35520.11, or as finally
fixed as provided for by Section 35520.14, shall, upon recordation of
a notice in each affected county in the manner specified in Section
3114 of the Streets and Highways Code, constitute a lien upon the
land in each county which is prior to all other liens except city,
county, and special district assessments or ad valorem taxes levied
or assessed by or under statutory authority. The notice recorded
pursuant to this section shall expressly provide that the lien is
prior to all other liens except city, county, and special district
assessments or ad valorem taxes.



35520.20.  The assessment roll as approved by the board shall be
conclusive evidence before any court or body that the assessment has
been made and levied according to law.



35520.21.  All unpaid assessments shall bear interest at the rate of
12 percent per annum. Interest shall commence to run 30 days after
the board has adopted a resolution calling for the sale of bonds
secured by the assessment.


35520.22.  The assessment list shall remain open for payment of any
unpaid balance of the assessment thereon at the office of the
district tax collector until such time as the board adopts a
resolution calling for the sale of bonds secured by the assessment.




35520.23.  Payments on assessments made to the district tax
collector prior to the adoption of a resolution of the board calling
for the sale of bonds secured by the assessment shall be transferred
by the tax collector to the district treasurer and placed in the
construction fund.



35520.24.  Any time after the filing of the assessment roll as
provided in Section 35520.19, the board may, by resolution, call for
the sale of bonds secured by the assessment. The form and substance
of the bonds and the sale thereof shall be governed by Sections
35520.35 and 35520.36. The total par value of bonds sold against any
benefit assessment shall not exceed the total assessment less any
collections against the assessment made prior to the first adoption
of a resolution for sale of bonds secured by the assessment.



35520.25.  Collection of assessments levied and called by the board
shall be made by the district tax collector.



35520.26.  Concurrently with the making of the annual estimate to be
filed with the board of supervisors pursuant to Section 36552, the
board shall designate and determine, by resolution, the percentage of
any assessment previously levied that shall be called and collected.
The interest due on unpaid assessments may be called without calling
any installment of the assessment.
   A certified copy of the call resolution shall be published once a
week for three successive weeks in a newspaper of general circulation
published in the principal county, commencing no more than 20 days
following the adoption of the call resolution. The secretary,
concurrently with the first publication of a certified copy of the
call resolution, shall deliver certified copies thereof, one to the
district assessor, one to the district tax collector, and one to the
district treasurer.


35520.27.  The district assessor, upon receipt of the assessment
call resolution from the secretary, shall compute the amount to be
collected from each parcel of land in separate ownership in the
service area established pursuant to Section 35520.6 and shall enter
in a separate space in the district's assessment book entitled
"Drainage Service Area No. ____ Assessment" the sums, in dollars and
cents, to be collected against the respective parcels of land.



35520.28.  Assessments called pursuant to this chapter shall be
collected at the same time and in the same manner as district
assessments. When collected, the entire amount collected shall be
transferred to the benefit assessment bond fund of the district.




35520.29.  The board shall levy an amendatory assessment in the
manner provided for original assessments if any of the following
occur:
   (a) Any land within the drainage service area is omitted from any
assessment roll.
   (b) Land appears on the assessment roll but is neither assessed or
stated not to be assessed.
   (c) A final judgment of a court of competent jurisdiction has held
that any assessment is not valid as to any part of the land
assessed. This amendatory assessment shall be based upon a
determination, as nearly as may be, of the amount the original
assessment upon the land would have been except for the omission or
invalidity.



35520.30.  When any tract of land upon which any assessment has been
levied is subdivided into smaller parcels, the board shall, upon its
own motion or upon written application therefor signed by a
landowner of record within the subdivided tract, after a hearing
noticed and held in the same fashion as provided in Section 35520.10,
reapportion the assessment upon the tract as will, in the judgment
of the board, charge each of the smaller parcels with a just portion
of the assessment. The reapportionment shall be entered in the
minutes of the board and, upon entry, shall become final.



35520.31.  The secretary shall file certified copies of any
amendatory or reapportioned assessment with the district assessor,
the district tax collector, and the district treasurer.



35520.32.  Upon the inclusion of any land within a drainage service
area, an assessment shall be levied upon the land so included. The
amount of the assessment against each tract or parcel is to be the
amount, as nearly as can be determined, of all the assessments which
would have been levied against the tract or parcel had it been
included in the drainage service area from the time of the original
levy of the assessment.



35520.33.  When a district has levied an assessment and it appears
to the board that the assessment or some part thereof, together with
the interest thereon, will provide an amount greater than is required
to meet all obligations incurred, or to be incurred for, the
purposes for which the assessment or part thereof was levied, and if
no bonds secured by the assessment are outstanding, the board may, by
resolution, declare its intention to cancel all or any portion of
the assessment, including any interest thereon, or all or any portion
of the interest.
   For the purposes of this section, the term "assessment balances"
means the assessment and the interest thereon, and the board, in the
manner and subject to the limitations provided in this chapter, may
cancel any part of the assessment balance, including all of the
assessment and the interest thereon, a part of the assessment and the
interest thereon, all of the interest on the assessment, or a part
of the interest on the assessment.



35520.34.  The board, pursuant to a resolution entered in its
minutes, may distribute among the landowners of a drainage service
area any funds in the treasury belonging to the service area which
were collected on an assessment on which no bonds are outstanding or
collected by way of interest or penalties on the assessment or by the
rental, sale, or redemption of delinquent land under the assessment
and which appear to the board to be greater than required to meet all
obligations incurred or to be incurred for the purposes for which
the assessment was levied. The distribution to the landowners shall
be made in the proportion that they were assessed on the assessment.



35520.35.  All bonds issued under this chapter shall be payable in
lawful money of the United States. Subject to the provisions of this
chapter, the board shall prescribe the form and the manner of
execution of the bonds.
   An issue of bonds is hereby defined to be all of the bonds to be
issued in accordance with a proposal approved by the electors of the
district. Each issue of the bonds of a district shall be numbered
consecutively, as authorized, and the bonds of each issue shall be
numbered consecutively.
   The board shall fix the date of the bonds, or may divide any issue
into two or more divisions and fix different dates and different
rates of interest for the bonds of the divisions. The date of any
bond shall be subsequent to the election at which its issuance was
authorized. The bonds shall be made payable at such times as the
board prescribes, but in no case shall the maturity of any bond be
more than 40 years from the date thereof. The bonds shall bear
interest at a rate or rates to be fixed by the board, not exceeding
12 percent per annum, payable semiannually on the first day of
January and the first day of July of each year. The principal and
interest shall be payable at a place to be designated by the board
and specified in each bond.
   The bonds shall express on their face that they were issued under
the authority of this chapter.



35520.36.  The board may sell the bonds, from time to time, in such
quantities as may be necessary and most advantageous to raise money
to carry out the objects and purposes of this chapter.
   Before making any sale, the board shall at a regular meeting, by
resolution, declare its intention to sell a specified amount of the
bonds and the day and hour and place of the sale and shall cause
notice of the sale to be given by publication of the resolution at
least once a week for two successive weeks in a newspaper of general
circulation published in each county in which any portion of the
district is located and, at its discretion, in other newspapers. The
publications shall be complete not less than 10 days prior to the
date of sale. The notice shall state that sealed proposals will be
received for the purchase of the bonds until the day and hour named
in the resolution.
   The board shall award the purchase of the bonds to the highest
responsible bidder. However, the board may reject all bids. The board
shall, in no event, sell any of the bonds for less than 90 percent
of the par value thereof.


35520.37.  All bonds of the same issue shall be equally and ratably
secured without priority by reason of number, date of bonds, date of
sale, date of execution, or date of delivery by the lien of the
benefit assessment roll recorded pursuant to Section 35520.19.




35520.38.  For the purpose of the care, operation, management, and
improvement of a project or projects, including payment of salaries
of officers and employees and all other expenses, and for the payment
of principal of and interest on any bonds issued under this chapter,
the board may, in lieu, either in part or in whole, of calling
assessments as provided for in this chapter, fix rates of tolls and
charges for drainage facilities or available drainage facilities and
other services rendered by the district and collect the tolls and
charges from all persons receiving the benefit of the drainage
facilities or other services. The tolls and charges shall be
proportional as nearly as possible to the services rendered.




35520.39.  Whenever any tolls or charges for the use of drainage
facilities or for other services rendered by the district provided
for in this chapter have been fixed by the board, they may be made
payable in advance.


35520.40.  In case any tolls or charges remain unpaid for a period
of 30 days after they become payable, they shall become delinquent
and a penalty of 10 percent shall be added thereto, and they bear
interest at the rate of 1 percent per month or fraction thereof.




35520.41.  After any toll or charge becomes delinquent, the board
may, by resolution, direct the assessor to add to the assessment of
the parcel of land to which it relates all delinquent tolls and
charges, penalties, and interest thereon.




35520.42.  In addition to and as an alternative to all other powers
contained in this chapter with respect to provision of funds for the
purpose of the care, operation, management, and improvement of a
project or projects undertaken under the authority of this chapter,
including the payment of salaries of officers and employees and all
other expenses, and for the payment of principal of and interest on
any bonds issued under this chapter, zones may be established within
the drainage service area for the purpose of fixing rates of
assessment in accordance with the extent of benefits derived, or to
be derived, by each zone from services to the land in each zone
arising from the service area's plan of works or any separately
identifiable part thereof.



35520.43.  No zone shall be established or varying rates of
assessment fixed under Section 35520.42, unless the board, by
resolution, declares that it intends to do so and that a public
hearing will be held thereon at a specified time and place where all
interested persons may appear and be heard.
   Notice of the hearing shall be given by publishing a copy of the
resolution in a newspaper of general circulation, published in each
affected county, pursuant to Section 6066 of the Government Code, the
first publication to be at least 14 days prior to the time fixed for
the hearing. A copy of the resolution shall be mailed, postage
prepaid, to each holder of title to land within the drainage service
area as shown upon the last equalized assessment book of the distict
at least 15 days prior to the time fixed for the hearing. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall determine the
zones of benefit established, if any, the share of benefits received
by each zone arising from the district's operation, expressed as a
percentage, the criteria for establishing each zone, and the
percentage expressed. A map of the drainage service area in such
detail as to delineate the geographical area of each zone shall be a
part of the resolution. The zones and the percentages may be amended
from time to time or abolished in the same manner required for
original adoption.



35520.44.  The board annually, concurrently with the making of the
estimate required by Section 36552, shall adopt a resolution setting
forth an estimate of the amount of money needed for the purposes of
the drainage service area for the next fiscal year. The amount shall
be sufficient to raise interest accruing and principal maturing
during the fiscal year on outstanding bonds of the district issued
for the drainage service area, incidental expenses of the service
area, and the cost of the care, operation, management, or improvement
of the works of the drainage service area, or that part of the costs
as the board determines is to be raised by assessment. The amount of
the assessment to be borne by each zone shall be computed by
multiplying the total amount to be raised by assessment by the
percentage of benefits accruing to each zone as declared by the
board.
   In the resolution to be adopted pursuant to this section, the
board shall provide for a public hearing upon the assessment to be
levied and shall specify a time and place when all interested persons
may appear and be heard. Notice of the hearing shall be given by
publishing a copy of the resolution in a newspaper of general
circulation, published in each affected county, pursuant to Section
6066 of the Government Code, the first publication to be at least 14
days prior to the time fixed for the hearing. A copy of the
resolution shall be mailed, postage prepaid, to each holder of title
to land within title within the drainage service area as shown upon
the last equalized assessment book of the district. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall, by resolution,
levy an assessment upon all lands within each zone sufficient to
raise the amount stated in the estimate of the board as revised, if
revised, at the hearing. Assessments made within each zone of benefit
established pursuant to this chapter shall be levied on all lands
within the zone of benefit on an acreage basis.



35520.45.  The secretary shall deliver certified copies of the
resolution levying the assessment pursuant to Section 35520.44, one
to the district assessor, one to the district tax collector, and one
to the district treasurer.
   The district assessor, upon receipt of a certified copy of the
resolution, shall compute the amount to be collected from each parcel
of land in separate ownership in the affected drainage service area
and shall enter in a separate space in the district's assessment book
entitled "Drainage Service Area No. ____ Annual Assessment," the
sums, in dollars and cents, to be collected against the respective
parcels of land.



35520.46.  Proceeds from assessments levied pursuant to this chapter
may be used to pay any lawful obligation of the district incurred in
the care, operation, or management of the works of the district for
the drainage service area for which the assessment is levied.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 35520-35520.46

WATER CODE
SECTION 35520-35520.46



35520.  The provisions of this chapter shall apply only to the Lost
Hills Water District. The powers provided in this chapter shall be in
addition to any existing powers the district may have in relation to
drainage and disposal of drain water.



35520.1.  A district may acquire, construct, operate, and furnish
facilities for the control of waters to protect, maintain, and
enhance the quality of lands within the district, including drainage,
disposal of drainage water and water of deleterious quality, and
conservation and beneficial use of flood, storm, and other waste
waters occurring on the lands.



35520.2.  If a district determines to exercise the powers granted by
this chapter, the district shall prepare and adopt a plan of works
and an estimate of the amount of money necessary to be raised for the
implementation of the plan of works. The estimate shall include
contingencies, bond issuing expenses, provision for a reserve for
bond discount not in excess of 10 percent of the total amount of the
assessment, provision for a bond reserve not in excess of 15 percent
of the total amount of the assessment, all expenses estimated to be
incurred in complying with the procedures required by this chapter,
cost of acquisition of land and rights of way, construction costs,
provision for inflation, and all other costs properly chargeable to
the plan.



35520.3.  In order to carry out the powers and purposes granted
under this chapter, a district may exercise or use any of the powers
or procedures otherwise granted to a district under this division to
the extent the powers or procedures may be made applicable.



35520.4.  The powers or procedures referred to in Section 35520.3
includes, but are not limited to, the following:
   (a) Bonds issued pursuant to Chapter 2 (commencing with Section
35950), Chapter 3 (commencing with Section 36150), and Chapter 4
(commencing with Section 36300) of Part 6.
   (b) Warrants issued pursuant to Chapter 4.5 (commencing with
Section 36400) of Part 6.
   (c) The formation of improvement districts and bonds therefor
pursuant to Chapter 4.9 (commencing with Section 36410) and Chapter 5
(commencing with Section 36450) of Part 6.
   (d) The acquisition of property pursuant to Article 1 (commencing
with Section 35600) of Chapter 3.
   (e) Contracts with other agencies pursuant to Chapter 5
(commencing with Section 35850).



35520.5.  The powers and procedures referred to in Section 35520.3
shall include all powers or procedures necessary, useful, or
desirable to carry out the powers and purposes of this chapter.



35520.6.  Notwithstanding any other provision of this division, the
board may determine to issue bonds secured by benefit assessments, in
which event the board shall define and determine a drainage service
area which may be the entire district or any lesser portion thereof
that will be benefited by the project.
   The service area shall be designated "Drainage Service Area No.
____ of ____ Water District." The service area may be subdivided by
the board into separate zones or subareas that benefit solely from
separate components of the total project.


35520.7.  When the board has determined to issue bonds secured by
benefit assessments, it shall, by resolution, employ a civil
engineer, who shall have no interest, directly or indirectly, in any
land in the district, to apportion the cost of the plan, to which
shall be added the compensation to be paid the engineer, in
accordance with benefit to each tract of land within the service area
held in separate ownership.



35520.8.  Upon completion of the apportionment of costs, the
engineer shall prepare and certify to the board an assessment roll
which shall contain all of the following:
   (a) A description of the service area to be benefited by the plan
and of any zones or subareas into which the service area has been
divided.
   (b) A description of each tract held in separate ownership by
legal subdivision, governmental survey, or other boundary sufficient
to identify it. If any area composed of more than one tract held in
separate ownership is not assessed because the lands therein will not
be benefited by the expenditure of the funds to be raised by the
assessment, a description of the area as a whole without a
description of each tract is sufficient.
   (c) The number of acres in each tract.
   (d) The name and address of the owner of each tract, if known, and
if unknown, that fact. No mistake or error in the name of the owner
of the property assessed and no mistake in any other particular shall
render the assessment invalid.
   (e) The rate per acre of the assessment upon each tract assessed,
or if no assessment is made upon any tract or area composed of more
than one tract, a statement of that fact.
   (f) The total amount of the assessment as computed.



35520.9.  When completed, the roll, which shall be accompanied by
the written report of the engineer setting out with particularity the
exact nature and quantum of the benefits assessed, apportioned, and
allocated to each tract of land in the service area with respect to
each separable component of the proposed project, shall be certified
by the engineer and filed with the board.



35520.10.  The board shall file a copy of the roll and report in its
records and forthwith give notice of the filing of the report and
assessment roll by publication at least once a week for two
successive weeks in a newspaper of general circulation published in
each affected county, and by mailing copies of the notice to each
affected landowner, as shown on the last equalized assessment book of
the district or as is otherwise known to the district, stating
therein the time and place of a special meeting which shall be not
less than 15 days after the completion of publication and mailing at
which meeting all interested persons, including all persons owning
land in the district or in the affected drainage service area, may
appear and be heard concerning any matter set forth in the roll and
report.



35520.11.  If no objections are presented to the board with respect
to a particular assessment at the time and place noticed, the
secretary shall execute a certificate in which the secretary shall
certify that no objections were so presented and the assessment roll
and certificate shall be filed in the district records.




35520.12.  The board may continue the hearing on objections to
assessments from time to time.



35520.13.  At the hearing, the board shall hear any evidence that
may be offered on the correctness of the assessment and may modify,
amend, or approve the assessment in any particular and may
reapportion the whole or any part of it.


35520.14.  After the hearing of objections, the board shall, by
resolution, approve the assessment as finally fixed or modified. A
certified copy of the assessment roll as finally fixed shall be filed
in the district records.


35520.15.  When the secretary files the certificate as provided in
Section 35520.11 or, if objections are raised, when the board
approves the assessment as finally fixed as provided in Section
35520.14, the board shall call a special district election at which
there shall be submitted to the electors of the district the question
of whether or not the board shall be authorized to issue bonds
secured by the benefit assessment roll, which election shall be held
and conducted in the manner set forth in Section 35520.16. At the
election, the ballots shall contain the words "Benefit Assessment
Bonds - Yes" and "Benefit Assessment Bonds - No" or words equivalent
thereto.



35520.16.  The election required by Section 35520.15 shall be
called, noticed, and held in the manner provided for bond elections
by Chapter 2 (commencing with Section 35100) and Chapter 3
(commencing with Section 35150) of Part 4, except as follows:
   (a) The election shall be held on any Tuesday designated by the
board which is not an election day designated in Section 1000 of the
Elections Code and is not a state holiday or the day before or the
day after a state holiday.
   (b) Notwithstanding Section 35152.6, unless the voting procedure
of the district has been changed from a landowner voting district to
a resident voting district pursuant to Article 3 (commencing with
Section 35040) of Chapter 1 of Part 4, the qualified voters at the
election shall be determined according to Article 1 (commencing with
Section 35003) of Chapter 1 of Part 4.



35520.17.  The board may advance general funds of the district to
pay all costs and expenses incurred in preparation of the plan of
works and estimate of cost provided for by Section 35520.2, in the
preparation of the assessment roll and report provided for by
Sections 35520.7 and 35520.8, in noticing and calling the hearing
required by Section 35520.10, and in calling, noticing, and holding
the election provided by Section 35520.15. The advances shall be
repaid to the general funds of the district with the proceeds of the
call provided for in Section 35520.18 or from the proceeds of sale of
the first division of bonds called for sale pursuant to Section
35520.24.



35520.18.  If more than one-third of the votes cast are for "Benefit
Assessment Bonds - No," the board shall, by resolution, abandon the
project, make a call upon the assessment roll, certified as provided
for by Section 35520.11 or as finally fixed as provided for by
Section 35520.14, sufficient to pay all costs and expenses incurred
in preparation of the plan of works and estimate of cost provided for
by Section 35520.2, in the preparation of the assessment roll and
report provided for by Sections 35520.7 and 35520.8, in noticing and
holding the hearing required by Section 35520.10, and in calling,
noticing, and holding the election provided for by Section 35520.15
and, thereafter, cancel all the assessment remaining uncalled.




35520.19.  If two-thirds or more of the votes are cast for "Benefit
Assessment Bonds - Yes," the board shall transmit a certified copy of
the roll to the district tax collector. The charges assessed by the
roll as certified as provided for by Section 35520.11, or as finally
fixed as provided for by Section 35520.14, shall, upon recordation of
a notice in each affected county in the manner specified in Section
3114 of the Streets and Highways Code, constitute a lien upon the
land in each county which is prior to all other liens except city,
county, and special district assessments or ad valorem taxes levied
or assessed by or under statutory authority. The notice recorded
pursuant to this section shall expressly provide that the lien is
prior to all other liens except city, county, and special district
assessments or ad valorem taxes.



35520.20.  The assessment roll as approved by the board shall be
conclusive evidence before any court or body that the assessment has
been made and levied according to law.



35520.21.  All unpaid assessments shall bear interest at the rate of
12 percent per annum. Interest shall commence to run 30 days after
the board has adopted a resolution calling for the sale of bonds
secured by the assessment.


35520.22.  The assessment list shall remain open for payment of any
unpaid balance of the assessment thereon at the office of the
district tax collector until such time as the board adopts a
resolution calling for the sale of bonds secured by the assessment.




35520.23.  Payments on assessments made to the district tax
collector prior to the adoption of a resolution of the board calling
for the sale of bonds secured by the assessment shall be transferred
by the tax collector to the district treasurer and placed in the
construction fund.



35520.24.  Any time after the filing of the assessment roll as
provided in Section 35520.19, the board may, by resolution, call for
the sale of bonds secured by the assessment. The form and substance
of the bonds and the sale thereof shall be governed by Sections
35520.35 and 35520.36. The total par value of bonds sold against any
benefit assessment shall not exceed the total assessment less any
collections against the assessment made prior to the first adoption
of a resolution for sale of bonds secured by the assessment.



35520.25.  Collection of assessments levied and called by the board
shall be made by the district tax collector.



35520.26.  Concurrently with the making of the annual estimate to be
filed with the board of supervisors pursuant to Section 36552, the
board shall designate and determine, by resolution, the percentage of
any assessment previously levied that shall be called and collected.
The interest due on unpaid assessments may be called without calling
any installment of the assessment.
   A certified copy of the call resolution shall be published once a
week for three successive weeks in a newspaper of general circulation
published in the principal county, commencing no more than 20 days
following the adoption of the call resolution. The secretary,
concurrently with the first publication of a certified copy of the
call resolution, shall deliver certified copies thereof, one to the
district assessor, one to the district tax collector, and one to the
district treasurer.


35520.27.  The district assessor, upon receipt of the assessment
call resolution from the secretary, shall compute the amount to be
collected from each parcel of land in separate ownership in the
service area established pursuant to Section 35520.6 and shall enter
in a separate space in the district's assessment book entitled
"Drainage Service Area No. ____ Assessment" the sums, in dollars and
cents, to be collected against the respective parcels of land.



35520.28.  Assessments called pursuant to this chapter shall be
collected at the same time and in the same manner as district
assessments. When collected, the entire amount collected shall be
transferred to the benefit assessment bond fund of the district.




35520.29.  The board shall levy an amendatory assessment in the
manner provided for original assessments if any of the following
occur:
   (a) Any land within the drainage service area is omitted from any
assessment roll.
   (b) Land appears on the assessment roll but is neither assessed or
stated not to be assessed.
   (c) A final judgment of a court of competent jurisdiction has held
that any assessment is not valid as to any part of the land
assessed. This amendatory assessment shall be based upon a
determination, as nearly as may be, of the amount the original
assessment upon the land would have been except for the omission or
invalidity.



35520.30.  When any tract of land upon which any assessment has been
levied is subdivided into smaller parcels, the board shall, upon its
own motion or upon written application therefor signed by a
landowner of record within the subdivided tract, after a hearing
noticed and held in the same fashion as provided in Section 35520.10,
reapportion the assessment upon the tract as will, in the judgment
of the board, charge each of the smaller parcels with a just portion
of the assessment. The reapportionment shall be entered in the
minutes of the board and, upon entry, shall become final.



35520.31.  The secretary shall file certified copies of any
amendatory or reapportioned assessment with the district assessor,
the district tax collector, and the district treasurer.



35520.32.  Upon the inclusion of any land within a drainage service
area, an assessment shall be levied upon the land so included. The
amount of the assessment against each tract or parcel is to be the
amount, as nearly as can be determined, of all the assessments which
would have been levied against the tract or parcel had it been
included in the drainage service area from the time of the original
levy of the assessment.



35520.33.  When a district has levied an assessment and it appears
to the board that the assessment or some part thereof, together with
the interest thereon, will provide an amount greater than is required
to meet all obligations incurred, or to be incurred for, the
purposes for which the assessment or part thereof was levied, and if
no bonds secured by the assessment are outstanding, the board may, by
resolution, declare its intention to cancel all or any portion of
the assessment, including any interest thereon, or all or any portion
of the interest.
   For the purposes of this section, the term "assessment balances"
means the assessment and the interest thereon, and the board, in the
manner and subject to the limitations provided in this chapter, may
cancel any part of the assessment balance, including all of the
assessment and the interest thereon, a part of the assessment and the
interest thereon, all of the interest on the assessment, or a part
of the interest on the assessment.



35520.34.  The board, pursuant to a resolution entered in its
minutes, may distribute among the landowners of a drainage service
area any funds in the treasury belonging to the service area which
were collected on an assessment on which no bonds are outstanding or
collected by way of interest or penalties on the assessment or by the
rental, sale, or redemption of delinquent land under the assessment
and which appear to the board to be greater than required to meet all
obligations incurred or to be incurred for the purposes for which
the assessment was levied. The distribution to the landowners shall
be made in the proportion that they were assessed on the assessment.



35520.35.  All bonds issued under this chapter shall be payable in
lawful money of the United States. Subject to the provisions of this
chapter, the board shall prescribe the form and the manner of
execution of the bonds.
   An issue of bonds is hereby defined to be all of the bonds to be
issued in accordance with a proposal approved by the electors of the
district. Each issue of the bonds of a district shall be numbered
consecutively, as authorized, and the bonds of each issue shall be
numbered consecutively.
   The board shall fix the date of the bonds, or may divide any issue
into two or more divisions and fix different dates and different
rates of interest for the bonds of the divisions. The date of any
bond shall be subsequent to the election at which its issuance was
authorized. The bonds shall be made payable at such times as the
board prescribes, but in no case shall the maturity of any bond be
more than 40 years from the date thereof. The bonds shall bear
interest at a rate or rates to be fixed by the board, not exceeding
12 percent per annum, payable semiannually on the first day of
January and the first day of July of each year. The principal and
interest shall be payable at a place to be designated by the board
and specified in each bond.
   The bonds shall express on their face that they were issued under
the authority of this chapter.



35520.36.  The board may sell the bonds, from time to time, in such
quantities as may be necessary and most advantageous to raise money
to carry out the objects and purposes of this chapter.
   Before making any sale, the board shall at a regular meeting, by
resolution, declare its intention to sell a specified amount of the
bonds and the day and hour and place of the sale and shall cause
notice of the sale to be given by publication of the resolution at
least once a week for two successive weeks in a newspaper of general
circulation published in each county in which any portion of the
district is located and, at its discretion, in other newspapers. The
publications shall be complete not less than 10 days prior to the
date of sale. The notice shall state that sealed proposals will be
received for the purchase of the bonds until the day and hour named
in the resolution.
   The board shall award the purchase of the bonds to the highest
responsible bidder. However, the board may reject all bids. The board
shall, in no event, sell any of the bonds for less than 90 percent
of the par value thereof.


35520.37.  All bonds of the same issue shall be equally and ratably
secured without priority by reason of number, date of bonds, date of
sale, date of execution, or date of delivery by the lien of the
benefit assessment roll recorded pursuant to Section 35520.19.




35520.38.  For the purpose of the care, operation, management, and
improvement of a project or projects, including payment of salaries
of officers and employees and all other expenses, and for the payment
of principal of and interest on any bonds issued under this chapter,
the board may, in lieu, either in part or in whole, of calling
assessments as provided for in this chapter, fix rates of tolls and
charges for drainage facilities or available drainage facilities and
other services rendered by the district and collect the tolls and
charges from all persons receiving the benefit of the drainage
facilities or other services. The tolls and charges shall be
proportional as nearly as possible to the services rendered.




35520.39.  Whenever any tolls or charges for the use of drainage
facilities or for other services rendered by the district provided
for in this chapter have been fixed by the board, they may be made
payable in advance.


35520.40.  In case any tolls or charges remain unpaid for a period
of 30 days after they become payable, they shall become delinquent
and a penalty of 10 percent shall be added thereto, and they bear
interest at the rate of 1 percent per month or fraction thereof.




35520.41.  After any toll or charge becomes delinquent, the board
may, by resolution, direct the assessor to add to the assessment of
the parcel of land to which it relates all delinquent tolls and
charges, penalties, and interest thereon.




35520.42.  In addition to and as an alternative to all other powers
contained in this chapter with respect to provision of funds for the
purpose of the care, operation, management, and improvement of a
project or projects undertaken under the authority of this chapter,
including the payment of salaries of officers and employees and all
other expenses, and for the payment of principal of and interest on
any bonds issued under this chapter, zones may be established within
the drainage service area for the purpose of fixing rates of
assessment in accordance with the extent of benefits derived, or to
be derived, by each zone from services to the land in each zone
arising from the service area's plan of works or any separately
identifiable part thereof.



35520.43.  No zone shall be established or varying rates of
assessment fixed under Section 35520.42, unless the board, by
resolution, declares that it intends to do so and that a public
hearing will be held thereon at a specified time and place where all
interested persons may appear and be heard.
   Notice of the hearing shall be given by publishing a copy of the
resolution in a newspaper of general circulation, published in each
affected county, pursuant to Section 6066 of the Government Code, the
first publication to be at least 14 days prior to the time fixed for
the hearing. A copy of the resolution shall be mailed, postage
prepaid, to each holder of title to land within the drainage service
area as shown upon the last equalized assessment book of the distict
at least 15 days prior to the time fixed for the hearing. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall determine the
zones of benefit established, if any, the share of benefits received
by each zone arising from the district's operation, expressed as a
percentage, the criteria for establishing each zone, and the
percentage expressed. A map of the drainage service area in such
detail as to delineate the geographical area of each zone shall be a
part of the resolution. The zones and the percentages may be amended
from time to time or abolished in the same manner required for
original adoption.



35520.44.  The board annually, concurrently with the making of the
estimate required by Section 36552, shall adopt a resolution setting
forth an estimate of the amount of money needed for the purposes of
the drainage service area for the next fiscal year. The amount shall
be sufficient to raise interest accruing and principal maturing
during the fiscal year on outstanding bonds of the district issued
for the drainage service area, incidental expenses of the service
area, and the cost of the care, operation, management, or improvement
of the works of the drainage service area, or that part of the costs
as the board determines is to be raised by assessment. The amount of
the assessment to be borne by each zone shall be computed by
multiplying the total amount to be raised by assessment by the
percentage of benefits accruing to each zone as declared by the
board.
   In the resolution to be adopted pursuant to this section, the
board shall provide for a public hearing upon the assessment to be
levied and shall specify a time and place when all interested persons
may appear and be heard. Notice of the hearing shall be given by
publishing a copy of the resolution in a newspaper of general
circulation, published in each affected county, pursuant to Section
6066 of the Government Code, the first publication to be at least 14
days prior to the time fixed for the hearing. A copy of the
resolution shall be mailed, postage prepaid, to each holder of title
to land within title within the drainage service area as shown upon
the last equalized assessment book of the district. Any error,
omission, or mistake in the mailing, or any failure of any person to
receive a copy, shall not invalidate the proceedings pursuant to this
section.
   The hearing may be adjourned from time to time at the discretion
of the board, and, at its conclusion, the board shall, by resolution,
levy an assessment upon all lands within each zone sufficient to
raise the amount stated in the estimate of the board as revised, if
revised, at the hearing. Assessments made within each zone of benefit
established pursuant to this chapter shall be levied on all lands
within the zone of benefit on an acreage basis.



35520.45.  The secretary shall deliver certified copies of the
resolution levying the assessment pursuant to Section 35520.44, one
to the district assessor, one to the district tax collector, and one
to the district treasurer.
   The district assessor, upon receipt of a certified copy of the
resolution, shall compute the amount to be collected from each parcel
of land in separate ownership in the affected drainage service area
and shall enter in a separate space in the district's assessment book
entitled "Drainage Service Area No. ____ Annual Assessment," the
sums, in dollars and cents, to be collected against the respective
parcels of land.



35520.46.  Proceeds from assessments levied pursuant to this chapter
may be used to pay any lawful obligation of the district incurred in
the care, operation, or management of the works of the district for
the drainage service area for which the assessment is levied.