State Codes and Statutes

Statutes > California > Wat > 72740-72741.2

WATER CODE
SECTION 72740-72741.2



72740.  Two or more improvement districts formed for a purpose other
than the incurring of bonded indebtedness, whose powers and purposes
are limited to those specified in Article 3 (commencing with Section
71680) of Chapter 3 of Part 5, and which are portions of the same
district, may be consolidated for a purpose other than the incurring
of bonded indebtedness, as provided in this chapter, whether their
boundaries are contiguous or not.



72740.1.  Whenever the board intends to consolidate two or more
improvement districts in accordance with this chapter, the board
shall adopt a resolution of intention which states all of the
following:
   (a) The board intends to consolidate the improvement districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation did not occur.
   (g) A map showing the exterior boundaries of the proposed
consolidated 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.
   (h) The time and place for a hearing by the board on the questions
of the consolidation and extent of the proposed consolidated
improvement district, the purpose for which the improvement districts
is to be consolidated, the estimated expense of carrying out that
purpose, and the board's determination as to the apportionment of any
outstanding indebtedness and liabilities in the respective
improvement districts to be consolidated.
   (i) The fact that at the hearing any person interested, including
all persons owning property in the district or in the proposed
consolidated improvement district, may be heard.



72740.2.  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 improvement districts to be consolidated.
The notice shall also be given by posting a copy of the resolution
of intention in three public places within each of the improvement
districts to be consolidated for at least two weeks before the time
fixed for the hearing.



72740.3.  At the time and place 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 each improvement
district or in the proposed consolidated improvement district, may
appear and present any matters material to the questions set forth in
the resolution of intention.



72740.4.  At the conclusion of the hearing, if the board determines
that it is necessary to consolidate the improvement districts, the
board shall adopt a resolution of consolidation which states all of
the following:
   (a) The board deems it necessary to consolidate the improvement
districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district, to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation had not occurred.
   (g) The exterior boundaries of the consolidated improvement
district are set forth on a map on file with the secretary, which map
shall govern all details as to the extent of the consolidated
improvement district.
   (h) The 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."



72740.5.  A copy of the resolution of consolidation shall be
published, pursuant to Section 6066 of the Government Code, in a
newspaper circulated in the improvement districts being consolidated.
A copy of the resolution shall also be posted in three public places
within each of the improvement districts being consolidated for at
least two weeks.



72740.6.  The determinations made in the resolution of consolidation
shall be final and conclusive, and the resolution of consolidation
shall be effective on the 91st day after completion of the
publication and posting.


72740.7.  Upon completion of the consolidation, a statement of
consolidation, certified by the secretary of the district, shall be
filed with the Secretary of State.



72740.8.  After the consolidation of the improvement districts
pursuant to this chapter, all taxes levied for the carrying out of
its purpose shall be levied exclusively upon the taxable property in
the consolidated improvement district. The taxable property within
the boundaries of each participating improvement district shall
continue to be taxed for any indebtedness and liabilities of the
district contracted for that participating improvement district, to
the same extent that the property would be taxable for that purpose
if the consolidation had not occurred.



72740.9.  When consolidated, the consolidated improvement district,
under the name specified for it in the resolution of consolidation,
succeeds to all of the rights, privileges, functions, and properties
of all of the improvement districts participating in the
consolidation, is subject to all of their indebtedness as
respectively apportioned, and is subject to the same limitations that
are applicable to each participating improvement district to levy
taxes and to impose fees and assessments, within their respective
areas.


72741.  When consolidated, the consolidated improvement district
possesses all of the powers of, is governed by, and is subject to all
of the provisions of this division, except as otherwise provided in
this chapter, as though originally formed pursuant to Part 8
(commencing with Section 75350).



72741.1.  Nothing contained in this chapter shall impair the rights
of creditors of an improvement district participating in the
consolidation, and each creditor may enforce against and through the
consolidated improvement district all the creditor's rights against
any improvement district participating in the consolidation in the
same manner and with the same effect, except for the substitution of
the consolidated improvement district for the improvement district
participating in the consolidation, as if the consolidation had never
been effected.


72741.2.  Any action or proceeding in which the validity of the
consolidation of the improvement districts, 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 consolidation; otherwise, the consolidation of the
improvement districts and all proceedings in relation thereto, shall
be held to be valid and in every respect legal and incontestable.


State Codes and Statutes

Statutes > California > Wat > 72740-72741.2

WATER CODE
SECTION 72740-72741.2



72740.  Two or more improvement districts formed for a purpose other
than the incurring of bonded indebtedness, whose powers and purposes
are limited to those specified in Article 3 (commencing with Section
71680) of Chapter 3 of Part 5, and which are portions of the same
district, may be consolidated for a purpose other than the incurring
of bonded indebtedness, as provided in this chapter, whether their
boundaries are contiguous or not.



72740.1.  Whenever the board intends to consolidate two or more
improvement districts in accordance with this chapter, the board
shall adopt a resolution of intention which states all of the
following:
   (a) The board intends to consolidate the improvement districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation did not occur.
   (g) A map showing the exterior boundaries of the proposed
consolidated 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.
   (h) The time and place for a hearing by the board on the questions
of the consolidation and extent of the proposed consolidated
improvement district, the purpose for which the improvement districts
is to be consolidated, the estimated expense of carrying out that
purpose, and the board's determination as to the apportionment of any
outstanding indebtedness and liabilities in the respective
improvement districts to be consolidated.
   (i) The fact that at the hearing any person interested, including
all persons owning property in the district or in the proposed
consolidated improvement district, may be heard.



72740.2.  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 improvement districts to be consolidated.
The notice shall also be given by posting a copy of the resolution
of intention in three public places within each of the improvement
districts to be consolidated for at least two weeks before the time
fixed for the hearing.



72740.3.  At the time and place 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 each improvement
district or in the proposed consolidated improvement district, may
appear and present any matters material to the questions set forth in
the resolution of intention.



72740.4.  At the conclusion of the hearing, if the board determines
that it is necessary to consolidate the improvement districts, the
board shall adopt a resolution of consolidation which states all of
the following:
   (a) The board deems it necessary to consolidate the improvement
districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district, to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation had not occurred.
   (g) The exterior boundaries of the consolidated improvement
district are set forth on a map on file with the secretary, which map
shall govern all details as to the extent of the consolidated
improvement district.
   (h) The 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."



72740.5.  A copy of the resolution of consolidation shall be
published, pursuant to Section 6066 of the Government Code, in a
newspaper circulated in the improvement districts being consolidated.
A copy of the resolution shall also be posted in three public places
within each of the improvement districts being consolidated for at
least two weeks.



72740.6.  The determinations made in the resolution of consolidation
shall be final and conclusive, and the resolution of consolidation
shall be effective on the 91st day after completion of the
publication and posting.


72740.7.  Upon completion of the consolidation, a statement of
consolidation, certified by the secretary of the district, shall be
filed with the Secretary of State.



72740.8.  After the consolidation of the improvement districts
pursuant to this chapter, all taxes levied for the carrying out of
its purpose shall be levied exclusively upon the taxable property in
the consolidated improvement district. The taxable property within
the boundaries of each participating improvement district shall
continue to be taxed for any indebtedness and liabilities of the
district contracted for that participating improvement district, to
the same extent that the property would be taxable for that purpose
if the consolidation had not occurred.



72740.9.  When consolidated, the consolidated improvement district,
under the name specified for it in the resolution of consolidation,
succeeds to all of the rights, privileges, functions, and properties
of all of the improvement districts participating in the
consolidation, is subject to all of their indebtedness as
respectively apportioned, and is subject to the same limitations that
are applicable to each participating improvement district to levy
taxes and to impose fees and assessments, within their respective
areas.


72741.  When consolidated, the consolidated improvement district
possesses all of the powers of, is governed by, and is subject to all
of the provisions of this division, except as otherwise provided in
this chapter, as though originally formed pursuant to Part 8
(commencing with Section 75350).



72741.1.  Nothing contained in this chapter shall impair the rights
of creditors of an improvement district participating in the
consolidation, and each creditor may enforce against and through the
consolidated improvement district all the creditor's rights against
any improvement district participating in the consolidation in the
same manner and with the same effect, except for the substitution of
the consolidated improvement district for the improvement district
participating in the consolidation, as if the consolidation had never
been effected.


72741.2.  Any action or proceeding in which the validity of the
consolidation of the improvement districts, 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 consolidation; otherwise, the consolidation of the
improvement districts and all proceedings in relation thereto, shall
be held to be valid and in every respect legal and incontestable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 72740-72741.2

WATER CODE
SECTION 72740-72741.2



72740.  Two or more improvement districts formed for a purpose other
than the incurring of bonded indebtedness, whose powers and purposes
are limited to those specified in Article 3 (commencing with Section
71680) of Chapter 3 of Part 5, and which are portions of the same
district, may be consolidated for a purpose other than the incurring
of bonded indebtedness, as provided in this chapter, whether their
boundaries are contiguous or not.



72740.1.  Whenever the board intends to consolidate two or more
improvement districts in accordance with this chapter, the board
shall adopt a resolution of intention which states all of the
following:
   (a) The board intends to consolidate the improvement districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation did not occur.
   (g) A map showing the exterior boundaries of the proposed
consolidated 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.
   (h) The time and place for a hearing by the board on the questions
of the consolidation and extent of the proposed consolidated
improvement district, the purpose for which the improvement districts
is to be consolidated, the estimated expense of carrying out that
purpose, and the board's determination as to the apportionment of any
outstanding indebtedness and liabilities in the respective
improvement districts to be consolidated.
   (i) The fact that at the hearing any person interested, including
all persons owning property in the district or in the proposed
consolidated improvement district, may be heard.



72740.2.  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 improvement districts to be consolidated.
The notice shall also be given by posting a copy of the resolution
of intention in three public places within each of the improvement
districts to be consolidated for at least two weeks before the time
fixed for the hearing.



72740.3.  At the time and place 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 each improvement
district or in the proposed consolidated improvement district, may
appear and present any matters material to the questions set forth in
the resolution of intention.



72740.4.  At the conclusion of the hearing, if the board determines
that it is necessary to consolidate the improvement districts, the
board shall adopt a resolution of consolidation which states all of
the following:
   (a) The board deems it necessary to consolidate the improvement
districts.
   (b) The purpose for which the improvement districts are to be
consolidated.
   (c) The estimated expense of carrying out that purpose.
   (d) Taxes for carrying out that purpose will be levied exclusively
upon the taxable property in the consolidated improvement district.
   (e) The board's determination as to the apportionment to the land
in the respective improvement districts to be consolidated of any
outstanding indebtedness and liabilities as it deems equitable.
   (f) The taxable property within the boundaries of each
participating improvement district shall continue to be taxed and
assessed for any indebtedness and liabilities of the district
contracted for that participating improvement district, to the same
extent that the property would be taxable and assessable for that
purpose if the consolidation had not occurred.
   (g) The exterior boundaries of the consolidated improvement
district are set forth on a map on file with the secretary, which map
shall govern all details as to the extent of the consolidated
improvement district.
   (h) The 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."



72740.5.  A copy of the resolution of consolidation shall be
published, pursuant to Section 6066 of the Government Code, in a
newspaper circulated in the improvement districts being consolidated.
A copy of the resolution shall also be posted in three public places
within each of the improvement districts being consolidated for at
least two weeks.



72740.6.  The determinations made in the resolution of consolidation
shall be final and conclusive, and the resolution of consolidation
shall be effective on the 91st day after completion of the
publication and posting.


72740.7.  Upon completion of the consolidation, a statement of
consolidation, certified by the secretary of the district, shall be
filed with the Secretary of State.



72740.8.  After the consolidation of the improvement districts
pursuant to this chapter, all taxes levied for the carrying out of
its purpose shall be levied exclusively upon the taxable property in
the consolidated improvement district. The taxable property within
the boundaries of each participating improvement district shall
continue to be taxed for any indebtedness and liabilities of the
district contracted for that participating improvement district, to
the same extent that the property would be taxable for that purpose
if the consolidation had not occurred.



72740.9.  When consolidated, the consolidated improvement district,
under the name specified for it in the resolution of consolidation,
succeeds to all of the rights, privileges, functions, and properties
of all of the improvement districts participating in the
consolidation, is subject to all of their indebtedness as
respectively apportioned, and is subject to the same limitations that
are applicable to each participating improvement district to levy
taxes and to impose fees and assessments, within their respective
areas.


72741.  When consolidated, the consolidated improvement district
possesses all of the powers of, is governed by, and is subject to all
of the provisions of this division, except as otherwise provided in
this chapter, as though originally formed pursuant to Part 8
(commencing with Section 75350).



72741.1.  Nothing contained in this chapter shall impair the rights
of creditors of an improvement district participating in the
consolidation, and each creditor may enforce against and through the
consolidated improvement district all the creditor's rights against
any improvement district participating in the consolidation in the
same manner and with the same effect, except for the substitution of
the consolidated improvement district for the improvement district
participating in the consolidation, as if the consolidation had never
been effected.


72741.2.  Any action or proceeding in which the validity of the
consolidation of the improvement districts, 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 consolidation; otherwise, the consolidation of the
improvement districts and all proceedings in relation thereto, shall
be held to be valid and in every respect legal and incontestable.