Section 72077 Of Article 7. Determination Of And Alternative Methods Of Payment Of Debt Service And Costs Of Maintenance And Operation From California Water Code >> Division 20. >> Part 8. >> Chapter 6. >> Article 7.
72077
. The amount of such debt service and maintenance and
operation costs to be raised in each improvement district established
under this chapter shall be paid by an ad valorem tax, to the extent
that such payment is not paid by one or more of the following
alternative methods:
(a) Payment of funds to the district from water revenues or other
income of the retail water purveyors within each such improvement
district pursuant to a contract therefor, which shall constitute a
lien upon such revenues and income. Notwithstanding the foregoing,
such payment shall not be used unless and until a declaration of a
majority of purveyors, stating their intention to use a specified
amount of water service revenues or other income as such an
alternative method of payment is filed with the board and there is
shown to the satisfaction of the board that the financial condition
of such purveyor reasonably will assure such payment. Such payment
shall be made to the district on or before the date on which it would
have received funds if it levied an ad valorem tax in lieu of such
alternative method of payment.
If any such purveyor fails to make any or all of such payment, the
amount of such delinquency, plus a penalty of 8 percent per annum,
shall be paid by such defaulting purveyor through appropriate
proceedings brought by the district.
(b) Collection of the utility tax pursuant to Sections 72072 to
72072.12, inclusive.
(c) Water standby or availability charges in any such improvement
district fixed pursuant to Article 2 (commencing with Section 71630)
of Chapter 2 of Part 5 of this division.
(d) Water revenues of the district derived from sales of water
within each such improvement district pursuant to Article 1
(commencing with Section 71610) of Chapter 2 of Part 5 of this
division.
The board shall not use any of such alternative methods of payment
if a written protest against such use is filed with the board, prior
to the conclusion of the hearing held pursuant to this chapter, by
the retail water purveyors within each such improvement district
providing the majority of retail water service within such
improvement district by volume and number of services.
Notwithstanding the foregoing, if such a written protest is filed,
the board may nonetheless use any such alternative means of payment,
other than that specified in subdivision (a), upon the affirmative
vote of four directors.