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Article 4. Powers Of A District of California Government Code >> Division 2. >> Title 5. >> Part 1. >> Chapter 2.7. >> Article 4.
The territorial jurisdiction of a district created by a
county may only include area within the unincorporated territory in
the county, and the territorial jurisdiction of a district created by
a city or a city and county is the territory within its territorial
limits.
The powers of each district are vested in the legislative
body which establishes the district.
A district may rehabilitate public capital facilities.
Public capital facilities include, but are not limited to, all of the
following:
(a) Streets and roads, including, but not limited to, ancillary equipment such as traffic control signals and signs.
(b) Sewer and water pipes, storm drains, and treatment plants.
(c) Sidewalks, curbs, and gutters.
(d) Bridges, overpasses, and viaducts.
(e) Street lights.
(f) Public buildings.
(g) Flood control works.
(h) Criminal justice facilities, including, but not limited to, jails and juvenile detention facilities.
(i) Libraries.
(j) Park and recreational facilities.
(a) Streets and roads, including, but not limited to, ancillary equipment such as traffic control signals and signs.
(b) Sewer and water pipes, storm drains, and treatment plants.
(c) Sidewalks, curbs, and gutters.
(d) Bridges, overpasses, and viaducts.
(e) Street lights.
(f) Public buildings.
(g) Flood control works.
(h) Criminal justice facilities, including, but not limited to, jails and juvenile detention facilities.
(i) Libraries.
(j) Park and recreational facilities.
A district may expand the capacity of existing public
capital facilities, replace existing public capital facilities with
alternative technologies that perform similar functions, reroute or
relocate public capital facilities, or construct new public capital
facilities which comprise a component of a program to rehabilitate
the public works of the district or to rehabilitate any related
system of public works within the district or contribute to the cost
of any project authorized by this section.
A district may not perform routine maintenance, except
when ancillary to, and supportive of, a rehabilitation project.
Whenever the legislative body determines that it is
economically sound and in the public interest for the district to
rehabilitate facilities that were not identified in the resolution of
intention to create the district, or to rehabilitate public
facilities located in territory that is not within the boundaries of
the district, or to levy an assessment, or impose a special tax, fee,
or charge that was not described in the resolution of intention to
create the district, it may grant that authority to the district. The
legislative body may grant that authority by adopting a resolution
of intention to change the authority of the district, publishing a
notice of that intention, holding a hearing, and adopting a
resolution to change the authority of the district in the same manner
as is required for the adoption of a resolution of intention to
establish the district pursuant to Section 53373.
A district may exercise all of the following powers:
(a) Acquire real or personal property of every kind within the district, by grant, purchase, gift, devise, lease, or eminent domain. The power of eminent domain shall be exercised in accordance with the requirements of Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. In exercising that power, the district shall, in addition to the damage for the taking, injury, or destruction of property, also pay for the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which are required to be relocated.
(b) Act as trustee under any trust incidental to the purposes of the district, and receive, hold, administer, and expend funds and property subject to the trust.
(c) Sell, assign, convey, exchange, lease, mortgage, encumber, transfer upon trust, or otherwise dispose of real or personal property.
(d) Invest and reinvest funds of the district in a prudent manner.
(e) Borrow money, contract debts, and issue bonds, notes, and debentures pursuant to Article 6 (commencing with Section 53387).
(f) Perform any work, construction, or operation under its own superintendence or contract for the performance of that work by others, as authorized by law.
(g) Make contracts for any and all purposes necessary or convenient for the full exercise of its powers.
(h) Exercise the right of perpetual succession.
(i) Adopt and affix a seal.
(j) Levy assessments and issue bonds pursuant to the Improvement Act of 1911, (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915, (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913, (Division 12 (commencing with Section 10000) of the Streets and Highways Code). The district may also impose a special tax and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, (Chapter 2.5 (commencing with Section 53311)), or impose fees or charges. The amount of any fee or charge shall not exceed the amount reasonably necessary to cover the cost of providing the service for which the fee or charge is imposed. The provisions of those principal acts shall govern all proceedings relating to the levy of the assessments, the issuance of bonds, and the retirement of the bonds under any of those principal acts.
(k) Issue senior obligation bonds as authorized by this chapter.
(l) Adopt regulations governing the use of district facilities and property.
(m) Enter into joint powers agreements in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1.
(a) Acquire real or personal property of every kind within the district, by grant, purchase, gift, devise, lease, or eminent domain. The power of eminent domain shall be exercised in accordance with the requirements of Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure. In exercising that power, the district shall, in addition to the damage for the taking, injury, or destruction of property, also pay for the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility which are required to be relocated.
(b) Act as trustee under any trust incidental to the purposes of the district, and receive, hold, administer, and expend funds and property subject to the trust.
(c) Sell, assign, convey, exchange, lease, mortgage, encumber, transfer upon trust, or otherwise dispose of real or personal property.
(d) Invest and reinvest funds of the district in a prudent manner.
(e) Borrow money, contract debts, and issue bonds, notes, and debentures pursuant to Article 6 (commencing with Section 53387).
(f) Perform any work, construction, or operation under its own superintendence or contract for the performance of that work by others, as authorized by law.
(g) Make contracts for any and all purposes necessary or convenient for the full exercise of its powers.
(h) Exercise the right of perpetual succession.
(i) Adopt and affix a seal.
(j) Levy assessments and issue bonds pursuant to the Improvement Act of 1911, (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915, (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913, (Division 12 (commencing with Section 10000) of the Streets and Highways Code). The district may also impose a special tax and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, (Chapter 2.5 (commencing with Section 53311)), or impose fees or charges. The amount of any fee or charge shall not exceed the amount reasonably necessary to cover the cost of providing the service for which the fee or charge is imposed. The provisions of those principal acts shall govern all proceedings relating to the levy of the assessments, the issuance of bonds, and the retirement of the bonds under any of those principal acts.
(k) Issue senior obligation bonds as authorized by this chapter.
(l) Adopt regulations governing the use of district facilities and property.
(m) Enter into joint powers agreements in accordance with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1.
All contracts for the rehabilitation of any public
facility estimated to cost in excess of five thousand dollars
($5,000) shall be let to the lowest responsible bidder after
competitive bidding. The legislative body may reject any and all bids
and may call for new bids. The legislative body may have the work
done by negotiated contract under any of the following circumstances:
(a) If no proposals are received.
(b) If the estimated cost of the work does not exceed the sum of five thousand dollars ($5,000).
(c) If the work consists only of architectural or engineering design services.
(d) If the work consists of emergency work necessary in order to protect life and property.
(a) If no proposals are received.
(b) If the estimated cost of the work does not exceed the sum of five thousand dollars ($5,000).
(c) If the work consists only of architectural or engineering design services.
(d) If the work consists of emergency work necessary in order to protect life and property.
The county shall, if requested by the legislative body of
a district created within the boundaries of a city, collect any
assessments, taxes, fees, or charges imposed pursuant to subdivision
(j) of Section 53382. If any of those assessments, taxes, fees, or
charges are collected by the county, the county may deduct the
reasonable costs incurred by the county in making those collections
and shall remit the balance to the district.
