Section 4808 Of Article 5.6. Bonds For Improvement Of A Portion Of A District From California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 3. >> Article 5.6.
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.