36454. This chapter provides an alternative method for the
consolidation of coterminous improvement districts formed pursuant to
Chapter 4.9 (commencing with Section 36410) of this part. This
chapter shall not apply to or affect any other provisions of this
division.
36454.1. Pursuant to the procedure set forth in this chapter, two
or more existing coterminous improvement districts formed pursuant to
the provisions of Chapter 4.9 (commencing with Section 36410) of
this part may be consolidated into one improvement district. In such
instance the consolidated improvement district may be designated in
such manner as the board may designate. Any authorized but unissued
bonds of any of the coterminous improvement districts may be issued
and sold as the bonds of the consolidated improvement district. Such
bonds, as well as any funds on hand from bonds previously issued by
any of the improvement districts consolidated into one improvement
district as hereinafter provided or any other funds of any such
improvement districts, shall be used in the manner provided by law
for the original authorized purposes. However, any such use of funds
shall be to accomplish the plan of works originally established or as
subsequently amended.
Any bonds which were issued by any of the coterminous improvement
districts prior to their consolidation and which remain outstanding
at the time of consolidation shall be assumed by and become the
liability of the consolidated improvement district.
To the extent assessment, standby charges, or other charges are
necessary to be levied or collected by reason of any such improvement
districts consolidated hereunder into one improvement district, such
assessment, standby charges, or other charges may be collected by
the consolidated improvement district provided for hereunder.
Thereafter, the amount so collected shall be utilized to satisfy the
obligations for which such assessments or standby charges were levied
and collected, except that any amount over and above that necessary
to satisfy said obligations may be used for any of the purposes of
the consolidated improvement district.
36454.2. For purposes of Section 2270 of the Revenue and Taxation
Code, bonds authorized by any of the coterminous improvement
districts which remain outstanding or unissued at the time the
districts are consolidated shall be treated as having been authorized
by the consolidated district. Further, for purposes of Section 2270
of the Revenue and Taxation Code, bonds authorized by the voters of
the coterminous improvement districts which remain outstanding or
unissued at the time the districts are consolidated shall be treated
as having been authorized by the voters of the consolidated
improvement district.
36454.3. In the event that the board determines it to be in the
best interests of the district to consolidate any two or more
existing coterminous improvement districts formed under Chapter 4.9
(commencing with Section 36410) of this part, it may, by resolution
adopted by a four-fifths vote, declare its intention to consolidate
such improvement districts. The resolution so adopted shall identify
the improvement districts to be consolidated and shall set forth the
total amount of authorized bonds, as well as the amount of
outstanding bonds, of each of the improvement districts proposed to
be consolidated, the purposes of each such improvement district, and
the designation of the proposed consolidated improvement district.
The resolution of intention shall set forth a legal description of
the existing coterminous improvement districts to be consolidated and
provide that notice be given in a manner provided in Section 36414.
Additionally, the resolution shall fix a date, time, and place for a
public hearing on the proposed consolidation.
36454.4. At the conclusion of the hearing on the resolution of
intention provided for in Section 36454.3, the board may adopt a
resolution declaring the existing coterminous improvement districts
described in the resolution of intention to be consolidated in one
improvement district which shall be designated therein. The
resolution shall contain the legal description thereof as well as a
statement of the purposes of the consolidated improvement district.
If the parent district has adopted the alternative method for the
levy, collection and enforcement of district assessment by the county
and is operating under the provisions of Part 7.5 (commencing with
Section 37200) of this division, it shall file a statement as
required by Chapter 8 (commencing with Section 54900) of Part 1,
Division 2, Title 5 of the Government Code. The resolution shall
contain a determination that such consolidation is in the best
interests of the present and future property owners and taxpayers.
Any such resolution shall be subject to referendum held within the
boundaries described in the resolution adopted as provided for
herein.
36454. This chapter provides an alternative method for the
consolidation of coterminous improvement districts formed pursuant to
Chapter 4.9 (commencing with Section 36410) of this part. This
chapter shall not apply to or affect any other provisions of this
division.
36454.1. Pursuant to the procedure set forth in this chapter, two
or more existing coterminous improvement districts formed pursuant to
the provisions of Chapter 4.9 (commencing with Section 36410) of
this part may be consolidated into one improvement district. In such
instance the consolidated improvement district may be designated in
such manner as the board may designate. Any authorized but unissued
bonds of any of the coterminous improvement districts may be issued
and sold as the bonds of the consolidated improvement district. Such
bonds, as well as any funds on hand from bonds previously issued by
any of the improvement districts consolidated into one improvement
district as hereinafter provided or any other funds of any such
improvement districts, shall be used in the manner provided by law
for the original authorized purposes. However, any such use of funds
shall be to accomplish the plan of works originally established or as
subsequently amended.
Any bonds which were issued by any of the coterminous improvement
districts prior to their consolidation and which remain outstanding
at the time of consolidation shall be assumed by and become the
liability of the consolidated improvement district.
To the extent assessment, standby charges, or other charges are
necessary to be levied or collected by reason of any such improvement
districts consolidated hereunder into one improvement district, such
assessment, standby charges, or other charges may be collected by
the consolidated improvement district provided for hereunder.
Thereafter, the amount so collected shall be utilized to satisfy the
obligations for which such assessments or standby charges were levied
and collected, except that any amount over and above that necessary
to satisfy said obligations may be used for any of the purposes of
the consolidated improvement district.
36454.2. For purposes of Section 2270 of the Revenue and Taxation
Code, bonds authorized by any of the coterminous improvement
districts which remain outstanding or unissued at the time the
districts are consolidated shall be treated as having been authorized
by the consolidated district. Further, for purposes of Section 2270
of the Revenue and Taxation Code, bonds authorized by the voters of
the coterminous improvement districts which remain outstanding or
unissued at the time the districts are consolidated shall be treated
as having been authorized by the voters of the consolidated
improvement district.
36454.3. In the event that the board determines it to be in the
best interests of the district to consolidate any two or more
existing coterminous improvement districts formed under Chapter 4.9
(commencing with Section 36410) of this part, it may, by resolution
adopted by a four-fifths vote, declare its intention to consolidate
such improvement districts. The resolution so adopted shall identify
the improvement districts to be consolidated and shall set forth the
total amount of authorized bonds, as well as the amount of
outstanding bonds, of each of the improvement districts proposed to
be consolidated, the purposes of each such improvement district, and
the designation of the proposed consolidated improvement district.
The resolution of intention shall set forth a legal description of
the existing coterminous improvement districts to be consolidated and
provide that notice be given in a manner provided in Section 36414.
Additionally, the resolution shall fix a date, time, and place for a
public hearing on the proposed consolidation.
36454.4. At the conclusion of the hearing on the resolution of
intention provided for in Section 36454.3, the board may adopt a
resolution declaring the existing coterminous improvement districts
described in the resolution of intention to be consolidated in one
improvement district which shall be designated therein. The
resolution shall contain the legal description thereof as well as a
statement of the purposes of the consolidated improvement district.
If the parent district has adopted the alternative method for the
levy, collection and enforcement of district assessment by the county
and is operating under the provisions of Part 7.5 (commencing with
Section 37200) of this division, it shall file a statement as
required by Chapter 8 (commencing with Section 54900) of Part 1,
Division 2, Title 5 of the Government Code. The resolution shall
contain a determination that such consolidation is in the best
interests of the present and future property owners and taxpayers.
Any such resolution shall be subject to referendum held within the
boundaries described in the resolution adopted as provided for
herein.
36454. This chapter provides an alternative method for the
consolidation of coterminous improvement districts formed pursuant to
Chapter 4.9 (commencing with Section 36410) of this part. This
chapter shall not apply to or affect any other provisions of this
division.
36454.1. Pursuant to the procedure set forth in this chapter, two
or more existing coterminous improvement districts formed pursuant to
the provisions of Chapter 4.9 (commencing with Section 36410) of
this part may be consolidated into one improvement district. In such
instance the consolidated improvement district may be designated in
such manner as the board may designate. Any authorized but unissued
bonds of any of the coterminous improvement districts may be issued
and sold as the bonds of the consolidated improvement district. Such
bonds, as well as any funds on hand from bonds previously issued by
any of the improvement districts consolidated into one improvement
district as hereinafter provided or any other funds of any such
improvement districts, shall be used in the manner provided by law
for the original authorized purposes. However, any such use of funds
shall be to accomplish the plan of works originally established or as
subsequently amended.
Any bonds which were issued by any of the coterminous improvement
districts prior to their consolidation and which remain outstanding
at the time of consolidation shall be assumed by and become the
liability of the consolidated improvement district.
To the extent assessment, standby charges, or other charges are
necessary to be levied or collected by reason of any such improvement
districts consolidated hereunder into one improvement district, such
assessment, standby charges, or other charges may be collected by
the consolidated improvement district provided for hereunder.
Thereafter, the amount so collected shall be utilized to satisfy the
obligations for which such assessments or standby charges were levied
and collected, except that any amount over and above that necessary
to satisfy said obligations may be used for any of the purposes of
the consolidated improvement district.
36454.2. For purposes of Section 2270 of the Revenue and Taxation
Code, bonds authorized by any of the coterminous improvement
districts which remain outstanding or unissued at the time the
districts are consolidated shall be treated as having been authorized
by the consolidated district. Further, for purposes of Section 2270
of the Revenue and Taxation Code, bonds authorized by the voters of
the coterminous improvement districts which remain outstanding or
unissued at the time the districts are consolidated shall be treated
as having been authorized by the voters of the consolidated
improvement district.
36454.3. In the event that the board determines it to be in the
best interests of the district to consolidate any two or more
existing coterminous improvement districts formed under Chapter 4.9
(commencing with Section 36410) of this part, it may, by resolution
adopted by a four-fifths vote, declare its intention to consolidate
such improvement districts. The resolution so adopted shall identify
the improvement districts to be consolidated and shall set forth the
total amount of authorized bonds, as well as the amount of
outstanding bonds, of each of the improvement districts proposed to
be consolidated, the purposes of each such improvement district, and
the designation of the proposed consolidated improvement district.
The resolution of intention shall set forth a legal description of
the existing coterminous improvement districts to be consolidated and
provide that notice be given in a manner provided in Section 36414.
Additionally, the resolution shall fix a date, time, and place for a
public hearing on the proposed consolidation.
36454.4. At the conclusion of the hearing on the resolution of
intention provided for in Section 36454.3, the board may adopt a
resolution declaring the existing coterminous improvement districts
described in the resolution of intention to be consolidated in one
improvement district which shall be designated therein. The
resolution shall contain the legal description thereof as well as a
statement of the purposes of the consolidated improvement district.
If the parent district has adopted the alternative method for the
levy, collection and enforcement of district assessment by the county
and is operating under the provisions of Part 7.5 (commencing with
Section 37200) of this division, it shall file a statement as
required by Chapter 8 (commencing with Section 54900) of Part 1,
Division 2, Title 5 of the Government Code. The resolution shall
contain a determination that such consolidation is in the best
interests of the present and future property owners and taxpayers.
Any such resolution shall be subject to referendum held within the
boundaries described in the resolution adopted as provided for
herein.
