State Codes and Statutes

Statutes > California > Prc > 26567.1-26567.3

PUBLIC RESOURCES CODE
SECTION 26567.1-26567.3



26567.1.  (a) The legislative body may, by resolution, order the
dissolution of a district formed under this division. Any resolution
ordering a dissolution is valid only if the legislative body, based
on substantial evidence on the record, makes one or more of the
following findings:
   (1) The corporate powers have not been used, there is a reasonable
probability that those powers will not be used in the future, and
the district holds no significant liquid assets.
   (2) The board of directors, by resolution passed by unanimous vote
of the directors, or by a vote of the owners of more than 50 percent
of the assessed valuation of the real property in the district,
approved the dissolution of the district.
   (3) The district has not levied or collected any assessments and
holds no significant liquid assets.
   (4) The district has not substantially complied with a material
condition of the resolution of formation adopted by the legislative
body.
   (b) If the board of directors is comprised of members of the
legislative body, the decision of the board to dissolve a district
shall be approved by the owners of more than 50 percent of the
assessed valuation of the real property in the district within 90
days after a valid resolution ordering dissolution.
   (c) A legislative body or a board of directors shall adopt a
resolution setting a public hearing on the proposed dissolution and
directing that notice shall be sent to the last known address of each
homeowner within the district. The notice shall include the date,
time, and place of the hearing and include a copy of the proposed
resolution ordering dissolution. The notice shall be mailed
first-class, postage prepaid, in the United States mail and be
postmarked no later than 30 days prior to the date of the hearing.
The notice shall also set forth the address where written objections
to the dissolution of the district may be mailed or otherwise
delivered up to and including the time of the hearing.



26567.2.  In dissolution proceedings, the legislative body may
dispense with the resolution and plan of control required by Sections
26553, 26558, and 26562. After the dissolution of the district, the
legislative body shall assume all remaining responsibilities and
obligations of the district.



26567.3.  Within 90 days after a dissolution, the board of directors
shall return any liquid assets of the district to the landowners and
local agencies in the same proportion that they have contributed to
the revenue of the district, and shall provide by resolution for the
distribution for ownership of any capital improvements and assets of
the district. Within 90 days of a valid resolution ordering
dissolution, any property owner within the district may offer an
alternative plan for the distribution for ownership of any capital
improvements and real assets of the district which shall be adopted
if approved by the owners of more than 50 percent of the assessed
valuation of the real property in the district.

State Codes and Statutes

Statutes > California > Prc > 26567.1-26567.3

PUBLIC RESOURCES CODE
SECTION 26567.1-26567.3



26567.1.  (a) The legislative body may, by resolution, order the
dissolution of a district formed under this division. Any resolution
ordering a dissolution is valid only if the legislative body, based
on substantial evidence on the record, makes one or more of the
following findings:
   (1) The corporate powers have not been used, there is a reasonable
probability that those powers will not be used in the future, and
the district holds no significant liquid assets.
   (2) The board of directors, by resolution passed by unanimous vote
of the directors, or by a vote of the owners of more than 50 percent
of the assessed valuation of the real property in the district,
approved the dissolution of the district.
   (3) The district has not levied or collected any assessments and
holds no significant liquid assets.
   (4) The district has not substantially complied with a material
condition of the resolution of formation adopted by the legislative
body.
   (b) If the board of directors is comprised of members of the
legislative body, the decision of the board to dissolve a district
shall be approved by the owners of more than 50 percent of the
assessed valuation of the real property in the district within 90
days after a valid resolution ordering dissolution.
   (c) A legislative body or a board of directors shall adopt a
resolution setting a public hearing on the proposed dissolution and
directing that notice shall be sent to the last known address of each
homeowner within the district. The notice shall include the date,
time, and place of the hearing and include a copy of the proposed
resolution ordering dissolution. The notice shall be mailed
first-class, postage prepaid, in the United States mail and be
postmarked no later than 30 days prior to the date of the hearing.
The notice shall also set forth the address where written objections
to the dissolution of the district may be mailed or otherwise
delivered up to and including the time of the hearing.



26567.2.  In dissolution proceedings, the legislative body may
dispense with the resolution and plan of control required by Sections
26553, 26558, and 26562. After the dissolution of the district, the
legislative body shall assume all remaining responsibilities and
obligations of the district.



26567.3.  Within 90 days after a dissolution, the board of directors
shall return any liquid assets of the district to the landowners and
local agencies in the same proportion that they have contributed to
the revenue of the district, and shall provide by resolution for the
distribution for ownership of any capital improvements and assets of
the district. Within 90 days of a valid resolution ordering
dissolution, any property owner within the district may offer an
alternative plan for the distribution for ownership of any capital
improvements and real assets of the district which shall be adopted
if approved by the owners of more than 50 percent of the assessed
valuation of the real property in the district.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 26567.1-26567.3

PUBLIC RESOURCES CODE
SECTION 26567.1-26567.3



26567.1.  (a) The legislative body may, by resolution, order the
dissolution of a district formed under this division. Any resolution
ordering a dissolution is valid only if the legislative body, based
on substantial evidence on the record, makes one or more of the
following findings:
   (1) The corporate powers have not been used, there is a reasonable
probability that those powers will not be used in the future, and
the district holds no significant liquid assets.
   (2) The board of directors, by resolution passed by unanimous vote
of the directors, or by a vote of the owners of more than 50 percent
of the assessed valuation of the real property in the district,
approved the dissolution of the district.
   (3) The district has not levied or collected any assessments and
holds no significant liquid assets.
   (4) The district has not substantially complied with a material
condition of the resolution of formation adopted by the legislative
body.
   (b) If the board of directors is comprised of members of the
legislative body, the decision of the board to dissolve a district
shall be approved by the owners of more than 50 percent of the
assessed valuation of the real property in the district within 90
days after a valid resolution ordering dissolution.
   (c) A legislative body or a board of directors shall adopt a
resolution setting a public hearing on the proposed dissolution and
directing that notice shall be sent to the last known address of each
homeowner within the district. The notice shall include the date,
time, and place of the hearing and include a copy of the proposed
resolution ordering dissolution. The notice shall be mailed
first-class, postage prepaid, in the United States mail and be
postmarked no later than 30 days prior to the date of the hearing.
The notice shall also set forth the address where written objections
to the dissolution of the district may be mailed or otherwise
delivered up to and including the time of the hearing.



26567.2.  In dissolution proceedings, the legislative body may
dispense with the resolution and plan of control required by Sections
26553, 26558, and 26562. After the dissolution of the district, the
legislative body shall assume all remaining responsibilities and
obligations of the district.



26567.3.  Within 90 days after a dissolution, the board of directors
shall return any liquid assets of the district to the landowners and
local agencies in the same proportion that they have contributed to
the revenue of the district, and shall provide by resolution for the
distribution for ownership of any capital improvements and assets of
the district. Within 90 days of a valid resolution ordering
dissolution, any property owner within the district may offer an
alternative plan for the distribution for ownership of any capital
improvements and real assets of the district which shall be adopted
if approved by the owners of more than 50 percent of the assessed
valuation of the real property in the district.

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