Chapter 2a. Revenue Improvement Districts of California Water Code >> Division 11. >> Part 7. >> Chapter 2a.
As used in this chapter and in other chapters when applied
to an improvement district or proposed improvement district formed or
to be formed under this chapter,
(a) "Land" means land entitled to receive water from a district as
a matter of right but located outside the district, and land in the
district, or either of these.
(b) "Revenue" means all or any part of any source or sources of
payment excluding assessments.
Unless otherwise expressly provided in this chapter the
provisions of all sections of Part 7 of this division shall be
applicable to an improvement district formed pursuant to this
chapter.
Land may be formed into an improvement district for one or
more of the purposes provided for in Chapter 1 of this part.
The formation of an improvement district under this chapter
may be proposed and the petition therefor shall be signed by
two-thirds or more in number of the holders of title to the land in
the proposed improvement district and the signatures must include
those of two-thirds or more in number of the holders of title to the
land in the proposed improvement district located outside the
district and two-thirds or more in number of the holders of title to
the land in the proposed improvement district located in the district
if both classes of land are to be included.
Land, in the proposed improvement district, located outside
the district shall be described in the petition by each owner, which
shall be according to the next preceding equalized county assessment
roll.
No assessment shall be levied in the improvement district
and no statement thereof prepared, but in lieu thereof the cost of
the improvement and the improvement district warrants issued and
interest thereon shall be paid from revenue designated by the board
in its order forming the improvement district.
The notice provided for in Section 23645 shall also state
that the hearing is called to determine the allocation of revenue to
pay the costs of the proposed improvement.
Regardless of any findings made by the board if more than
one-third in number of the holders of title to land, in the proposed
improvement district, located outside the district or more than
one-third in number of the holders of title to land, in the proposed
improvement district, located inside the district, object at the
hearing to its formation or the allocation of revenue made to pay the
cost of the proposed improvement, the board shall deny the petition
and no further proceedings shall be had on it.
Until the payment or retirement of the warrants for the
benefit of which an allocation was made, the allocation shall be
irrevocable and the revenue allocated shall be applied solely to the
payment of the obligations specified in the allocating order.
Before April 1st of each year after the warrants are issued
the board shall fix charges for the use of water in the improvement
district sufficient, when added to other allocated revenue that will
be received during the current year, to provide funds adequate to pay
the amount of the improvement district warrants and interest thereon
then due and that will fall due during the current year plus an
amount equal to 10 percent more than such amount if the warrants
provide that such additional amount shall be charged to establish a
reserve fund to further assure payment of the warrants and interest.
Except as provided in Section 23811, the improvement
district warrants shall be made payable over not to exceed a period
of 10 years and shall specify a rate of interest fixed at the time of
their issuance not exceeding 8 percent per year.
Upon approval by two-thirds of the board, the improvement
district warrants shall be made payable over not to exceed a period
of 20 years and shall specify a rate of interest fixed at the time of
their issuance not exceeding 8 percent per year.