Section 4808.5 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.
4808.5
. 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.