4806. As an alternative method of issuing bonds the district board
may, after the approval and adoption of an engineer's report for a
portion of the district, if it deems it necessary to incur a bonded
indebtedness to obtain funds with which to acquire the property and
do the work set forth in the report, by resolution so declare and
state: (a) the general objects and purposes for which the proposed
debt is to be incurred; provided, however, that such general
objectives and purposes shall not include the acquisition or
construction of new local street sewers or laterals as distinguished
from main trunk, interceptor and outfall sewers; (b) the amount of
debt to be incurred; (c) that the district board intends to form an
improvement district of that portion of the district which in the
opinion of said board will be benefited, the exterior boundaries of
which portion are set forth on a map on file with said board, which
map shall govern for all details as to the extent of the proposed
improvement district, and to call an election in such improvement
district on a date to be fixed, for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district;
(d) that taxes for the payment of said bonds and the interest
thereon shall be derived exclusively from an annual tax upon the real
property in the improvement district; (e) that the engineer's
report, together with a map showing the exterior boundaries of said
proposed improvement district with relation to the territory
immediately contiguous thereto and to the proposed improvement, are
on file with the district board and are available for inspection by
any person interested; (f) the time and place for a hearing by the
board on the questions of the formation of said proposed improvement
district, the extent thereof, the proposed improvement and the amount
of debt to be incurred; and (g) that at the time and place specified
in the resolution any person interested, including any persons
owning property in the district or in the proposed improvement
district, will be heard.
4806.5. As an alternative method of issuing bonds the district
board may, after the approval and adoption of an engineer's report
for a portion of the district, if it deems it necessary to incur a
bonded indebtedness to obtain funds with which to acquire the
property and do the work set forth in the report, by resolution so
declare and state: (a) the general objects and purposes for which the
proposed debt is to be incurred, including, but not limited to, the
acquisition or construction or reconstruction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers; (b) the amount of debt to be incurred; (c) that the
district board intends to form an improvement district of that
portion of the district which in the opinion of the board will be
benefited, the exterior boundaries of which portion are set forth on
a map on file with the board, which map shall govern for all details
as to the extent of the proposed improvement district, and to call an
election in such improvement district on a date to be fixed, for the
purpose of submitting to the qualified voters thereof the
proposition of incurring indebtedness by the issuance of bonds of the
district for said improvement district; (d) that taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district; (e) that special rates or charges to finance
the construction, reconstruction, maintenance, or operation of the
improvement may be collected within the improvement district where,
in the judgment of the board, the improvement will not be of
districtwide benefit; (f) that the engineer's report, together with a
map showing the exterior boundaries of such proposed improvement
district with relation to the territory immediately contiguous
thereto and to the proposed improvement, are on file with the
district board and are available for inspection by any person
interested; (g) the time and place for a hearing by the board on the
questions of the formation of such proposed improvement district, the
extent thereof, the proposed improvement and the amount of debt to
be incurred; and (h) that at the time and place specified in the
resolution any person interested, including all persons owning
property in the district or in the proposed improvement district,
will be heard.
This section shall only be applicable to a district within a
county of the 13th class as defined in Section 28036 of the
Government Code and Section 4806 shall not be applicable to a
district within a county of the 13th class.
4807. Notice of the hearing shall be given by publishing a copy of
the resolution pursuant to Section 6066 of the Government Code prior
to the time fixed for the hearing in a newspaper having general
circulation in the county sanitation district. Such notice shall also
be given by posting a copy of the resolution in three public places
within the proposed improvement district at least two weeks before
the time fixed for the hearing.
4808. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed with
the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district and/or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of said proposed improvement
district, or one or all of said matters; provided, however, that said
board shall not change such boundaries so as to include any
territory which will not, in its judgment, be benefited by said
improvement; and provided further, that said board shall exclude from
the proposed improvement district any territory which it finds will
not be benefited by inclusion therein. If the district board proposes
to change the purposes for which the proposed debt is to be
incurred, it shall cause appropriate changes to be made in the report
before giving notice of such change. The purpose, amount of bonded
debt and boundaries shall not be changed by said board except after
notice of its intention to do so, given pursuant to Section 6061 of
the Government Code in a newspaper having general circulation in said
county sanitation district, and by posting in three public places
within said proposed improvement district. Said notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by said board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of said
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, said board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which said proposed debt is to be incurred (which purpose shall
not include the acquisition or construction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers) the amount of the proposed debt, that the exterior
boundaries of the portion of the district which will be benefited are
set forth on a map on file with the district board, which map shall
govern for all details as to the extent of the improvement district,
and that said portion of the district set forth on said map shall
thereupon constitute and be known as "Improvement District No. __ of
____ (name of county sanitation district)," and the determination
made in said resolution shall be final and conclusive. After the
formation of such improvement district within a county sanitation
district, all proceedings for the purpose of a bond election shall be
limited and shall apply only to the improvement district, and taxes
for the payment of said bonds and the interest thereon shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4808.5. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed
with the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness, or do
both.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of the proposed improvement
district, or one or all of such matters; provided, however, that the
board shall not change such boundaries so as to include any territory
which will not, in its judgment, be benefited by such improvement;
and provided further, that the board shall exclude from the proposed
improvement district any territory which it finds will not be
benefited by inclusion therein. If the district board proposes to
change the purposes for which the proposed debt is to be incurred, it
shall cause appropriate changes to be made in the report before
giving notice of such change. The purpose, amount of bonded debt and
boundaries shall not be changed by the board except after notice of
its intention to do so, given pursuant to Section 6061 of the
Government Code in a newspaper having general circulation in such
county sanitation district, and by posting in three public places
within such proposed improvement district. Such notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by the board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of such
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing, the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which such proposed debt is to be incurred, the amount of the
proposed debt, that the exterior boundaries of the portion of the
district which will be benefited are set forth on a map on file with
the district board, which map shall govern for all details as to the
extent of the improvement district, and that such portion of the
district set forth on such map shall thereupon constitute and be
known as "Improvement District No. __ of ____ (name of county
sanitation district)," and the determination made in such resolution
shall be final and conclusive. After the formation of such
improvement district within a county sanitation district, all
proceedings for the purpose of a bond election shall be limited and
shall apply only to the improvement district, and taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district.
This section shall only be applicable to a district within a
county of the 15th class as defined in Section 28036 of the
Government Code and Section 4808 shall not be applicable to a
district within a county of the 15th class.
4809. When the board has made its determinations as provided in
Section 4808 and if the board deems it necessary to incur the bonded
indebtedness, the board shall by resolution call a special election
in said improvement district for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district.
Said resolution shall state: (a) that the board deems it necessary
to incur the bonded indebtedness; (b) the purpose for which the
bonded indebtedness will be incurred; (c) the amount of debt to be
incurred; (d) the name of the improvement district to be benefited by
said indebtedness, as set forth in the resolution making
determinations, and that a map showing the exterior boundaries of
said improvement district is on file with the district board, which
map shall govern for all details as to the extent of the improvement
district; (e) that taxes for the payment of such bonds and the
interest thereon shall be derived exclusively from an annual tax upon
the real property in said improvement district; (f) the maximum term
the bonds proposed to be issued shall run before maturity, which
shall not exceed 40 years; (g) the maximum rate of interest to be
paid, which shall not be more than the rate specified in this chapter
for bonds of the district, payable at the time specified in this
chapter for bonds of the district; (h) the measure to be submitted to
the voters; (i) the date of the election; and (j) the election
precincts, polling places and election officers.
4809.1. Except as otherwise provided in this article, notice of the
election shall be given and the election shall be held and conducted
in the same manner as elections for the authorization of bonds of
the entire county sanitation district, and if two-thirds of the votes
cast are in favor of incurring the bonded indebtedness as proposed,
bonds of the district, issued in the name of the district and
designated "Bonds of ____ (naming the county sanitation district) for
Improvement District No. __" shall be issued and sold for the amount
stated in the resolution calling the election in the same form and
manner as bonds of the entire county sanitation district. Each bond
of the district for an improvement district and all interest coupons
thereof shall state that taxes for the payment thereof shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4809.2. No irregularities or informalities in conducting such
election shall invalidate the same, if the election shall have
otherwise been fairly conducted. Any action or proceedings, wherein
the validity of the formation of the improvement district or of any
bonds issued for it or of the proceedings in relation thereto is
contested, questioned or denied, shall be commenced within three
months from the date of such election; otherwise, said bonds and all
proceedings in relation thereto, including the formation of the
improvement district, shall be held to be valid and in every respect
legal and incontestable.
4809.3. Bonds issued as bonds of the district for an improvement
district therein and the interest thereon shall be paid by revenue
derived exclusively from an annual tax upon the real property in the
improvement district of such county sanitation district, and all the
real property within the improvement district of such county
sanitation district shall be and remain liable to be taxed for such
payments. The board of supervisors of the county shall annually, at
the time and in the manner of levying other county taxes, levy and
cause to be collected a tax upon the taxable real property in the
improvement district, based upon the last equalized assessment roll
of the county sufficient to pay the interest on the bonds for that
year and such portion of the principal as is to become due before the
time for making the next general tax levy. Said bonds and the
interest thereon shall not be taxable in this State.
4806. As an alternative method of issuing bonds the district board
may, after the approval and adoption of an engineer's report for a
portion of the district, if it deems it necessary to incur a bonded
indebtedness to obtain funds with which to acquire the property and
do the work set forth in the report, by resolution so declare and
state: (a) the general objects and purposes for which the proposed
debt is to be incurred; provided, however, that such general
objectives and purposes shall not include the acquisition or
construction of new local street sewers or laterals as distinguished
from main trunk, interceptor and outfall sewers; (b) the amount of
debt to be incurred; (c) that the district board intends to form an
improvement district of that portion of the district which in the
opinion of said board will be benefited, the exterior boundaries of
which portion are set forth on a map on file with said board, which
map shall govern for all details as to the extent of the proposed
improvement district, and to call an election in such improvement
district on a date to be fixed, for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district;
(d) that taxes for the payment of said bonds and the interest
thereon shall be derived exclusively from an annual tax upon the real
property in the improvement district; (e) that the engineer's
report, together with a map showing the exterior boundaries of said
proposed improvement district with relation to the territory
immediately contiguous thereto and to the proposed improvement, are
on file with the district board and are available for inspection by
any person interested; (f) the time and place for a hearing by the
board on the questions of the formation of said proposed improvement
district, the extent thereof, the proposed improvement and the amount
of debt to be incurred; and (g) that at the time and place specified
in the resolution any person interested, including any persons
owning property in the district or in the proposed improvement
district, will be heard.
4806.5. As an alternative method of issuing bonds the district
board may, after the approval and adoption of an engineer's report
for a portion of the district, if it deems it necessary to incur a
bonded indebtedness to obtain funds with which to acquire the
property and do the work set forth in the report, by resolution so
declare and state: (a) the general objects and purposes for which the
proposed debt is to be incurred, including, but not limited to, the
acquisition or construction or reconstruction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers; (b) the amount of debt to be incurred; (c) that the
district board intends to form an improvement district of that
portion of the district which in the opinion of the board will be
benefited, the exterior boundaries of which portion are set forth on
a map on file with the board, which map shall govern for all details
as to the extent of the proposed improvement district, and to call an
election in such improvement district on a date to be fixed, for the
purpose of submitting to the qualified voters thereof the
proposition of incurring indebtedness by the issuance of bonds of the
district for said improvement district; (d) that taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district; (e) that special rates or charges to finance
the construction, reconstruction, maintenance, or operation of the
improvement may be collected within the improvement district where,
in the judgment of the board, the improvement will not be of
districtwide benefit; (f) that the engineer's report, together with a
map showing the exterior boundaries of such proposed improvement
district with relation to the territory immediately contiguous
thereto and to the proposed improvement, are on file with the
district board and are available for inspection by any person
interested; (g) the time and place for a hearing by the board on the
questions of the formation of such proposed improvement district, the
extent thereof, the proposed improvement and the amount of debt to
be incurred; and (h) that at the time and place specified in the
resolution any person interested, including all persons owning
property in the district or in the proposed improvement district,
will be heard.
This section shall only be applicable to a district within a
county of the 13th class as defined in Section 28036 of the
Government Code and Section 4806 shall not be applicable to a
district within a county of the 13th class.
4807. Notice of the hearing shall be given by publishing a copy of
the resolution pursuant to Section 6066 of the Government Code prior
to the time fixed for the hearing in a newspaper having general
circulation in the county sanitation district. Such notice shall also
be given by posting a copy of the resolution in three public places
within the proposed improvement district at least two weeks before
the time fixed for the hearing.
4808. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed with
the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district and/or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of said proposed improvement
district, or one or all of said matters; provided, however, that said
board shall not change such boundaries so as to include any
territory which will not, in its judgment, be benefited by said
improvement; and provided further, that said board shall exclude from
the proposed improvement district any territory which it finds will
not be benefited by inclusion therein. If the district board proposes
to change the purposes for which the proposed debt is to be
incurred, it shall cause appropriate changes to be made in the report
before giving notice of such change. The purpose, amount of bonded
debt and boundaries shall not be changed by said board except after
notice of its intention to do so, given pursuant to Section 6061 of
the Government Code in a newspaper having general circulation in said
county sanitation district, and by posting in three public places
within said proposed improvement district. Said notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by said board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of said
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, said board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which said proposed debt is to be incurred (which purpose shall
not include the acquisition or construction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers) the amount of the proposed debt, that the exterior
boundaries of the portion of the district which will be benefited are
set forth on a map on file with the district board, which map shall
govern for all details as to the extent of the improvement district,
and that said portion of the district set forth on said map shall
thereupon constitute and be known as "Improvement District No. __ of
____ (name of county sanitation district)," and the determination
made in said resolution shall be final and conclusive. After the
formation of such improvement district within a county sanitation
district, all proceedings for the purpose of a bond election shall be
limited and shall apply only to the improvement district, and taxes
for the payment of said bonds and the interest thereon shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4808.5. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed
with the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness, or do
both.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of the proposed improvement
district, or one or all of such matters; provided, however, that the
board shall not change such boundaries so as to include any territory
which will not, in its judgment, be benefited by such improvement;
and provided further, that the board shall exclude from the proposed
improvement district any territory which it finds will not be
benefited by inclusion therein. If the district board proposes to
change the purposes for which the proposed debt is to be incurred, it
shall cause appropriate changes to be made in the report before
giving notice of such change. The purpose, amount of bonded debt and
boundaries shall not be changed by the board except after notice of
its intention to do so, given pursuant to Section 6061 of the
Government Code in a newspaper having general circulation in such
county sanitation district, and by posting in three public places
within such proposed improvement district. Such notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by the board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of such
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing, the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which such proposed debt is to be incurred, the amount of the
proposed debt, that the exterior boundaries of the portion of the
district which will be benefited are set forth on a map on file with
the district board, which map shall govern for all details as to the
extent of the improvement district, and that such portion of the
district set forth on such map shall thereupon constitute and be
known as "Improvement District No. __ of ____ (name of county
sanitation district)," and the determination made in such resolution
shall be final and conclusive. After the formation of such
improvement district within a county sanitation district, all
proceedings for the purpose of a bond election shall be limited and
shall apply only to the improvement district, and taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district.
This section shall only be applicable to a district within a
county of the 15th class as defined in Section 28036 of the
Government Code and Section 4808 shall not be applicable to a
district within a county of the 15th class.
4809. When the board has made its determinations as provided in
Section 4808 and if the board deems it necessary to incur the bonded
indebtedness, the board shall by resolution call a special election
in said improvement district for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district.
Said resolution shall state: (a) that the board deems it necessary
to incur the bonded indebtedness; (b) the purpose for which the
bonded indebtedness will be incurred; (c) the amount of debt to be
incurred; (d) the name of the improvement district to be benefited by
said indebtedness, as set forth in the resolution making
determinations, and that a map showing the exterior boundaries of
said improvement district is on file with the district board, which
map shall govern for all details as to the extent of the improvement
district; (e) that taxes for the payment of such bonds and the
interest thereon shall be derived exclusively from an annual tax upon
the real property in said improvement district; (f) the maximum term
the bonds proposed to be issued shall run before maturity, which
shall not exceed 40 years; (g) the maximum rate of interest to be
paid, which shall not be more than the rate specified in this chapter
for bonds of the district, payable at the time specified in this
chapter for bonds of the district; (h) the measure to be submitted to
the voters; (i) the date of the election; and (j) the election
precincts, polling places and election officers.
4809.1. Except as otherwise provided in this article, notice of the
election shall be given and the election shall be held and conducted
in the same manner as elections for the authorization of bonds of
the entire county sanitation district, and if two-thirds of the votes
cast are in favor of incurring the bonded indebtedness as proposed,
bonds of the district, issued in the name of the district and
designated "Bonds of ____ (naming the county sanitation district) for
Improvement District No. __" shall be issued and sold for the amount
stated in the resolution calling the election in the same form and
manner as bonds of the entire county sanitation district. Each bond
of the district for an improvement district and all interest coupons
thereof shall state that taxes for the payment thereof shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4809.2. No irregularities or informalities in conducting such
election shall invalidate the same, if the election shall have
otherwise been fairly conducted. Any action or proceedings, wherein
the validity of the formation of the improvement district or of any
bonds issued for it or of the proceedings in relation thereto is
contested, questioned or denied, shall be commenced within three
months from the date of such election; otherwise, said bonds and all
proceedings in relation thereto, including the formation of the
improvement district, shall be held to be valid and in every respect
legal and incontestable.
4809.3. Bonds issued as bonds of the district for an improvement
district therein and the interest thereon shall be paid by revenue
derived exclusively from an annual tax upon the real property in the
improvement district of such county sanitation district, and all the
real property within the improvement district of such county
sanitation district shall be and remain liable to be taxed for such
payments. The board of supervisors of the county shall annually, at
the time and in the manner of levying other county taxes, levy and
cause to be collected a tax upon the taxable real property in the
improvement district, based upon the last equalized assessment roll
of the county sufficient to pay the interest on the bonds for that
year and such portion of the principal as is to become due before the
time for making the next general tax levy. Said bonds and the
interest thereon shall not be taxable in this State.
4806. As an alternative method of issuing bonds the district board
may, after the approval and adoption of an engineer's report for a
portion of the district, if it deems it necessary to incur a bonded
indebtedness to obtain funds with which to acquire the property and
do the work set forth in the report, by resolution so declare and
state: (a) the general objects and purposes for which the proposed
debt is to be incurred; provided, however, that such general
objectives and purposes shall not include the acquisition or
construction of new local street sewers or laterals as distinguished
from main trunk, interceptor and outfall sewers; (b) the amount of
debt to be incurred; (c) that the district board intends to form an
improvement district of that portion of the district which in the
opinion of said board will be benefited, the exterior boundaries of
which portion are set forth on a map on file with said board, which
map shall govern for all details as to the extent of the proposed
improvement district, and to call an election in such improvement
district on a date to be fixed, for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district;
(d) that taxes for the payment of said bonds and the interest
thereon shall be derived exclusively from an annual tax upon the real
property in the improvement district; (e) that the engineer's
report, together with a map showing the exterior boundaries of said
proposed improvement district with relation to the territory
immediately contiguous thereto and to the proposed improvement, are
on file with the district board and are available for inspection by
any person interested; (f) the time and place for a hearing by the
board on the questions of the formation of said proposed improvement
district, the extent thereof, the proposed improvement and the amount
of debt to be incurred; and (g) that at the time and place specified
in the resolution any person interested, including any persons
owning property in the district or in the proposed improvement
district, will be heard.
4806.5. As an alternative method of issuing bonds the district
board may, after the approval and adoption of an engineer's report
for a portion of the district, if it deems it necessary to incur a
bonded indebtedness to obtain funds with which to acquire the
property and do the work set forth in the report, by resolution so
declare and state: (a) the general objects and purposes for which the
proposed debt is to be incurred, including, but not limited to, the
acquisition or construction or reconstruction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers; (b) the amount of debt to be incurred; (c) that the
district board intends to form an improvement district of that
portion of the district which in the opinion of the board will be
benefited, the exterior boundaries of which portion are set forth on
a map on file with the board, which map shall govern for all details
as to the extent of the proposed improvement district, and to call an
election in such improvement district on a date to be fixed, for the
purpose of submitting to the qualified voters thereof the
proposition of incurring indebtedness by the issuance of bonds of the
district for said improvement district; (d) that taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district; (e) that special rates or charges to finance
the construction, reconstruction, maintenance, or operation of the
improvement may be collected within the improvement district where,
in the judgment of the board, the improvement will not be of
districtwide benefit; (f) that the engineer's report, together with a
map showing the exterior boundaries of such proposed improvement
district with relation to the territory immediately contiguous
thereto and to the proposed improvement, are on file with the
district board and are available for inspection by any person
interested; (g) the time and place for a hearing by the board on the
questions of the formation of such proposed improvement district, the
extent thereof, the proposed improvement and the amount of debt to
be incurred; and (h) that at the time and place specified in the
resolution any person interested, including all persons owning
property in the district or in the proposed improvement district,
will be heard.
This section shall only be applicable to a district within a
county of the 13th class as defined in Section 28036 of the
Government Code and Section 4806 shall not be applicable to a
district within a county of the 13th class.
4807. Notice of the hearing shall be given by publishing a copy of
the resolution pursuant to Section 6066 of the Government Code prior
to the time fixed for the hearing in a newspaper having general
circulation in the county sanitation district. Such notice shall also
be given by posting a copy of the resolution in three public places
within the proposed improvement district at least two weeks before
the time fixed for the hearing.
4808. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed with
the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district and/or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of said proposed improvement
district, or one or all of said matters; provided, however, that said
board shall not change such boundaries so as to include any
territory which will not, in its judgment, be benefited by said
improvement; and provided further, that said board shall exclude from
the proposed improvement district any territory which it finds will
not be benefited by inclusion therein. If the district board proposes
to change the purposes for which the proposed debt is to be
incurred, it shall cause appropriate changes to be made in the report
before giving notice of such change. The purpose, amount of bonded
debt and boundaries shall not be changed by said board except after
notice of its intention to do so, given pursuant to Section 6061 of
the Government Code in a newspaper having general circulation in said
county sanitation district, and by posting in three public places
within said proposed improvement district. Said notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by said board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of said
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, said board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which said proposed debt is to be incurred (which purpose shall
not include the acquisition or construction of new local street
sewers or laterals as distinguished from main trunk, interceptor and
outfall sewers) the amount of the proposed debt, that the exterior
boundaries of the portion of the district which will be benefited are
set forth on a map on file with the district board, which map shall
govern for all details as to the extent of the improvement district,
and that said portion of the district set forth on said map shall
thereupon constitute and be known as "Improvement District No. __ of
____ (name of county sanitation district)," and the determination
made in said resolution shall be final and conclusive. After the
formation of such improvement district within a county sanitation
district, all proceedings for the purpose of a bond election shall be
limited and shall apply only to the improvement district, and taxes
for the payment of said bonds and the interest thereon shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4808.5. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the district board shall proceed
with the hearing. At the hearing any person interested, including any
person owning property within the district or within the proposed
improvement district, may appear and protest the inclusion of his
property within the proposed improvement district or present any
other matters material to the questions set forth in the resolution
declaring the necessity for incurring the bonded indebtedness, or do
both.
The district board shall have power to change the purpose for
which the proposed debt is to be incurred, or the amount of bonded
debt to be incurred, or the boundaries of the proposed improvement
district, or one or all of such matters; provided, however, that the
board shall not change such boundaries so as to include any territory
which will not, in its judgment, be benefited by such improvement;
and provided further, that the board shall exclude from the proposed
improvement district any territory which it finds will not be
benefited by inclusion therein. If the district board proposes to
change the purposes for which the proposed debt is to be incurred, it
shall cause appropriate changes to be made in the report before
giving notice of such change. The purpose, amount of bonded debt and
boundaries shall not be changed by the board except after notice of
its intention to do so, given pursuant to Section 6061 of the
Government Code in a newspaper having general circulation in such
county sanitation district, and by posting in three public places
within such proposed improvement district. Such notice shall state
the changed purpose and debt proposed and that the engineer's report
as changed by the board, together with a map showing exterior
boundaries as proposed to be changed, are on file with the district
board and are available for inspection by any person interested, and
specify the time and place for hearing on such change, which time
shall be at least 10 days after publication or posting of such
notice. At the time and place so fixed, or at any time and place to
which the hearing is adjourned, the board shall continue with the
hearing. At the hearing any person interested, including any person
owning property within the district or the proposed improvement
district, may appear and present any matters material to the changes
stated in the notice.
At the conclusion of the hearing, the board shall by resolution
determine whether it is deemed necessary to incur the bonded
indebtedness, and, if so, the resolution shall also state the purpose
for which such proposed debt is to be incurred, the amount of the
proposed debt, that the exterior boundaries of the portion of the
district which will be benefited are set forth on a map on file with
the district board, which map shall govern for all details as to the
extent of the improvement district, and that such portion of the
district set forth on such map shall thereupon constitute and be
known as "Improvement District No. __ of ____ (name of county
sanitation district)," and the determination made in such resolution
shall be final and conclusive. After the formation of such
improvement district within a county sanitation district, all
proceedings for the purpose of a bond election shall be limited and
shall apply only to the improvement district, and taxes for the
payment of such bonds and the interest thereon shall be derived
exclusively from an annual tax upon the real property in the
improvement district.
This section shall only be applicable to a district within a
county of the 15th class as defined in Section 28036 of the
Government Code and Section 4808 shall not be applicable to a
district within a county of the 15th class.
4809. When the board has made its determinations as provided in
Section 4808 and if the board deems it necessary to incur the bonded
indebtedness, the board shall by resolution call a special election
in said improvement district for the purpose of submitting to the
qualified voters thereof the proposition of incurring indebtedness by
the issuance of bonds of the district for said improvement district.
Said resolution shall state: (a) that the board deems it necessary
to incur the bonded indebtedness; (b) the purpose for which the
bonded indebtedness will be incurred; (c) the amount of debt to be
incurred; (d) the name of the improvement district to be benefited by
said indebtedness, as set forth in the resolution making
determinations, and that a map showing the exterior boundaries of
said improvement district is on file with the district board, which
map shall govern for all details as to the extent of the improvement
district; (e) that taxes for the payment of such bonds and the
interest thereon shall be derived exclusively from an annual tax upon
the real property in said improvement district; (f) the maximum term
the bonds proposed to be issued shall run before maturity, which
shall not exceed 40 years; (g) the maximum rate of interest to be
paid, which shall not be more than the rate specified in this chapter
for bonds of the district, payable at the time specified in this
chapter for bonds of the district; (h) the measure to be submitted to
the voters; (i) the date of the election; and (j) the election
precincts, polling places and election officers.
4809.1. Except as otherwise provided in this article, notice of the
election shall be given and the election shall be held and conducted
in the same manner as elections for the authorization of bonds of
the entire county sanitation district, and if two-thirds of the votes
cast are in favor of incurring the bonded indebtedness as proposed,
bonds of the district, issued in the name of the district and
designated "Bonds of ____ (naming the county sanitation district) for
Improvement District No. __" shall be issued and sold for the amount
stated in the resolution calling the election in the same form and
manner as bonds of the entire county sanitation district. Each bond
of the district for an improvement district and all interest coupons
thereof shall state that taxes for the payment thereof shall be
derived exclusively from an annual tax upon the real property in the
improvement district.
4809.2. No irregularities or informalities in conducting such
election shall invalidate the same, if the election shall have
otherwise been fairly conducted. Any action or proceedings, wherein
the validity of the formation of the improvement district or of any
bonds issued for it or of the proceedings in relation thereto is
contested, questioned or denied, shall be commenced within three
months from the date of such election; otherwise, said bonds and all
proceedings in relation thereto, including the formation of the
improvement district, shall be held to be valid and in every respect
legal and incontestable.
4809.3. Bonds issued as bonds of the district for an improvement
district therein and the interest thereon shall be paid by revenue
derived exclusively from an annual tax upon the real property in the
improvement district of such county sanitation district, and all the
real property within the improvement district of such county
sanitation district shall be and remain liable to be taxed for such
payments. The board of supervisors of the county shall annually, at
the time and in the manner of levying other county taxes, levy and
cause to be collected a tax upon the taxable real property in the
improvement district, based upon the last equalized assessment roll
of the county sufficient to pay the interest on the bonds for that
year and such portion of the principal as is to become due before the
time for making the next general tax levy. Said bonds and the
interest thereon shall not be taxable in this State.
