CALIFORNIA ENABLING ACT CREATING ESTERO MUNICIPAL IMPROVEMENT DISTRICT
Senate Bill No. 51
CHAPTER 82
An act to create the Estero Municipal Improvement District and to prescribe its boundaries, organization, powers, operation, management, financing, change of boundaries, and dissolution.
[Approved by Governor May 11, 1960. Filed with Secretary of State May 11, 1960.]
The people of the State of California do enact as follows:
Article 1. General Provisions
Sec. 1. The Estero Municipal Improvement District is hereby created to consist of the territory described as follows:
All that certain real property situate in the County of San Mateo, State of California, being a portion of the lands of the Schilling Estate Company, and being more particularly described as follows:
Beginning at a point on the northerly boundary line of lands described in Parcel One of the Deed from Arden Investment Company, a corporation, to Schilling Estate Company, a corporation, dated February 7, 1939, and recorded February 21, 1939, in Book 821 of Official Records of San Mateo County at page 446 (53131-D), from which point the Guano Island Triangulation Station of the United States Coast and Geodetic Survey, marked by a brass tablet, bears N 34°33'30" W 154.78 feet; thence from said point of beginning along said northerly boundary line of Parcel One N 41°09'30" E 355.40 feet; thence continuing along the northeasterly boundary of said Parcel One S 52°19'30" E 1037.90 feet, and S 54°59'30" E 450 feet to a point thereon; thence leaving said boundary of Parcel One of said Deed, S 35°30'00" W 5584.80 feet; thence at right angles N 54°30'00" W 3794.93 feet to an angle point in the easterly line of lands described in Deed from Schilling Estate Company, a corporation, to Thomas Therkeldsen, also known as Thomas Therkildsen, dated January 26, 1955, and recorded May 24, 1955, in Book 2803 of Official Records of San Mateo County at page 366, said point being described as being "500 feet North of and 200 feet West of the section corner common to Sections 22, 23, 26, and 27" in said Deed; thence leaving the boundary of lands described in said last mentioned Deed, N 0°09'30" W 2086.18 feet to a point on said northerly boundary of Parcel One of the Deed first above described, distant on said boundary S 83°08'00" E 124.10 feet from the westerly terminus of the course described therein as "S 83°08' E 1662.10 feet"; thence along said northerly boundary of Parcel One the following courses: S 83°08'00" E 1538.00 feet, thence tangent to the preceding course on the arc of a curve to the left having a radius of 1582.70 feet and a central angle of 27°08'30" an arc distance of 749.75 feet, thence tangent to the preceding curve N 69°43'30" E 2824.80 feet to the point of beginning, and containing 418.55 acres of land, more or less.
Excepting therefrom that certain parcel described as Exception One to Parcel One of the above described Deed from Arden Investment Company to Schilling Estate Company, and containing 18.42 acres of land, more or less.
Sec. 2. This act shall be known and may be cited as Estero Municipal Improvement District Act.
Article 2. Definitions
Sec. 10. The terms defined in this article have the meaning set forth unless the context requires a different meaning.
Sec. 11. "District" means the Estero Municipal Improvement District.
Sec. 12. "Board" means the board of directors of the district.
Sec. 13. "President" and "secretary" mean the president and secretary, respectively, of the district.
Sec. 14. "County" means the County of San Mateo.
Sec. 15. "Board of supervisors" means the board of supervisors of the county.
Sec. 16. "Charges" includes fees, tolls, rates and rentals.
Sec. 17. "Land" means land in the district and does not include improvements or personal or utility property.
Sec. 18. "Legal representative" means an officer or other person or persons appointed to serve as such by the board of directors of a corporation owner.
Sec. 19. "Owner" means the owner of land as shown on the last equalized county assessment roll.
Sec. 20. "Voter," except as otherwise provided herein, means an owner, or the officer appointed therefor by the board of directors of a corporation owner, or the legal representative of the owner. (Amended by Sec. 1 of Chapter 1511, California State Statutes, 1976).
Sec. 21. "Officers of election," other than officers provided for elections conducted pursuant to the Uniform District Election Law, consist of an inspector and two judges. They shall be persons appointed by the board of directors and need not be voters. (Amended by Sec. 59.1 of Chapter 29, California State Statutes, 1967: 500.2(part) of Chapter 1511, California State Statutes, 1967).
Sec. 22. In the application to the district of laws, the procedure of which is made applicable to proceedings of the district, terms used in those laws shall have the following meanings:
(a) "City council," "council" and "legislative body" mean board.
(b) "City," "municipality" and "local agency" mean district.
(c) "Clerk" and "city clerk" mean the secretary of the district.
(d) "Superintendent of streets," "street superintendent" and "city engineer" mean the engineer of the district or other person appointed to perform such duties, to be called district engineer.
(e) "Tax collector" means the tax collector of the district.
(f) "Treasurer" and "city treasurer" mean the county treasurer or district finance officer.
(g) "Auditor" means the county controller or district finance officer.
(h) "Budget Law" means Chapter 1 (commencing at Section 29000) of Division 3 of Title 3 of the Government Code.
(i) "Uniform District Election Law" means Part 3 (commencing with Section 23500) of Division 12 of the Elections Code. (Amended by Sec. 60 of Chapter 29, California State Statutes, 1967: Sec. 2(part) of Chapter 1511, California State Statutes, 1967).
Sec. 23. In the application of any law to this district, said law shall be as then amended.
Article 3. General Administrative Provisions
Sec. 26. The board is the governing body of the district and, commencing with the last Friday in December, 1967, shall consist of five (5) members, one of whom shall be president. The officers of the district are the five members of the board and a secretary. The district may have a finance officer, and other officers as the board may from time to time create. (Amended by Sec. 60.1 of Chapter 29, California State Statutes, 1967: Sec. 3 of Chapter 1511, California State Statutes, 1967).
Sec. 27. There is no incompatibility of office between city council membership and board membership. (Added by Sec. 1 of Chapter 494, California State Statutes, 1971).
Sec. 28. Except as otherwise provided in this section, two directors shall be owners or officers or legal representatives of owners, two shall be registered voters resident within the district, and one shall be a public member designated and appointed by the county board of supervisors. The term of the public member commencing in March, 1968, shall expire on the last Friday of December, 1969, and succeeding terms shall thereafter be filled by nomination and election or appointment pursuant to the Uniform District Election Law by registered voters resident within the district.
Landowner-directors shall be nominated and shall be elected or appointed pursuant to Article 4 (commencing with Section 55) of this act at elections to be held on the fourth Tuesday in March of 1968 and 1970. The terms of the directors elected or appointed at such times shall run until the last Friday in December, 1971. Thereafter, said offices shall be filled by nomination and election or appointment pursuant to the Uniform District Election Law by registered voters resident within the district.
A general district election shall be held on the first Tuesday after the first Monday in November, 1967, pursuant to the Uniform District Election Law for the purpose of filling two offices of director. Such offices shall be filled by and voted upon by registered voters resident within the district and qualified to vote on said date. The two candidates receiving the highest number of votes shall be deemed elected, the one with the highest votes to serve for four years and the one with the next highest number of votes to serve for two years. All subsequent terms of office filled pursuant to the Uniform District Election Law shall be for four years.
Commencing with the election to be held on the first Tuesday after the first Monday in November, 1971, no person shall be qualified to be elected or appointed to the office of director nor to vote at any district election who is not a registered voter resident within the district. (Amended by Sec. 3 of Chapter 995, California State Statutes, 1963: Sec. 5 of Chapter 1511, California State Statutes, 1967).
Sec. 29. Except as otherwise provided in Section 28, the term of each director, after the first board, shall be four years, or until the election or appointment, and qualification of his successor. (Sec. 6 of Chapter 1511, California State Statutes, 1967).
Sec. 30. All vacancies occurring in the office of director shall be filled by appointment by the remaining directors.
Sec. 31. An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the election or appointment of his successor.
Sec. 32. Once each year, the board shall elect one of its members to serve as president, shall appoint a secretary and shall fill any other offices as it may from time to time create.
Sec. 33. The president shall be a member of the board and the secretary and other officers and employees may be members of the board.
Sec. 34. The board shall act only by ordinance, resolution, motion or contract. (Amended by Sec. 4 of Chapter 995, California State Statutes, 1963).
Sec. 35. A majority of the board shall constitute a quorum for the transaction of business.
Sec. 36. No ordinance, resolution, motion or contract shall be passed or become effective without the affirmative vote of at least the majority of the members of the board.
Sec. 37. Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, motions or contracts and entered upon the minutes of the board.
Sec. 38. The enacting clause of all ordinances passed by the board shall be "Be it ordained by the Board of Directors of the Estero Municipal Improvement District, as follows:"
Sec. 39. All ordinances shall be signed by the president and attested by the secretary.
Sec. 40. All legislative sessions of the board shall be public.
Sec. 41. The board, by ordinance, shall provide for the time and place of holding its regular meetings, the manner of calling special meetings, and shall establish rules for its proceedings.
Sec. 42. Each officer shall receive such compensation as the board shall, by ordinance, establish; provided, however, that compensation of each director for attendance at meetings shall not exceed twenty-five dollars for each meeting of the board attended by him, not exceeding three meetings in any calendar month.
Sec. 43. All contracts, deeds, warrants, releases, receipts and documents shall be signed in the name of the district by the president and countersigned by the secretary.
Sec. 44. If allowed by the board a director may receive traveling and other expenses incurred by him when acting for the board, and compensation for any other services rendered by him for the district.
Sec. 45. The finance officer shall serve at the pleasure of the board. He and the secretary shall receive such compensation as the board shall determine.
Sec. 46. The county treasurer, county controller and county tax collector shall be ex officio officers of the district.
Sec. 47. All county officers shall be liable under their several official bonds for the faithful discharge of the duties imposed upon them by this act.
Sec. 48. In addition to the duties prescribed herein the officers of the district shall have such duties as are prescribed by the board.
Article 4. Elections
Sec. 55. A general district election governed by the provisions of the Uniform District Election Law, shall be held on the first Tuesday after the first Monday in November of each odd-numbered year. A district election for the purpose of electing landowner-directors shall be held on the fourth Tuesday in March of 1968 and 1970. (Amended by Sec. 61 of Chapter 29, California State Statutes, 1967: Sec. 7 of Chapter 1511, California State Statutes, 1967).
Sec. 56. A special election may be called by the board to be held at any time.
Sec. 57. The hours during which the polls shall be opened at any special district election shall be as established by the board. (Amended by Sec. 62 of Chapter 29, California State Statutes, 1967: Sec. 8 of Chapter 1511, California State Statutes, 1967).
Sec. 58. Notices of special elections shall be given as nearly as practicable in accordance with the general laws regarding notices of municipal elections. (Amended by Sec. 63 of Chapter 29, California State Statutes, 1967: Sec. 9 of Chapter 1511, California State Statutes, 1967).
Sec. 59. Nominations for the position of landowner-di-rector shall be in writing, shall be signed by voters representing at least 10 percent of the assessed valuation of land in the district as shown by the last equalized assessment roll, shall be filed with the secretary of the district, not more than 45 nor less than 25 days before the election. (Amended by Sec. 10 of Chapter 1511, California State Statutes, 1967).
Sec. 61. If on the 24th day prior to a landowner district election pursuant to this article, only one person has been nominated for each of the positions to be filled at that election, or no person has been nominated for any such office, or offices, an election shall not be held. (Amended by Sec. 12 of Chapter 1511, California State Statutes, 1967).
Sec. 63. If, pursuant to Section 62, an election is not held, the Board of Supervisors of the County of San Mateo, at a meeting held prior to the day fixed for the election shall appoint to the positions of directors those persons nominated, or, if no persons are nominated, any qualified persons, who shall qualify and serve as if elected at a general district election. (Amended by Sec. 14 of Chapter 1511, California State Statutes, 1967).
Sec. 64. Except as herein otherwise provided, each voter shall have one vote for one dollar ($1) in assessed valuation of land owned by him as shown by the last equalized assessment roll. (Amended by Sec. 15 of Chapter 1511, California State Statutes, 1967).
Sec. 65. A majority of the votes cast shall be required to approve a proposition. (Amended by Sec. 69 of Chapter 29, California State Statutes, 1967: Sec. 16 of Chapter 1511, California State Statutes, 1967).
Sec. 68. Except as provided in this act a special election shall be conducted as nearly as practicable in accordance with the general laws for cities. (Amended by Sec. 72 of Chapter 29, California State Statutes, 1967: Sec. 19 of Chapter 1511, California State Statutes, 1967).
Article 5. Powers
Sec. 75. The district may use a seal, alterable at the pleasure of the board.
Sec. 76. The district may sue and be sued by its name.
Sec. 77. The district may acquire, construct, reconstruct, alter, enlarge, lay, renew, replace, maintain and operate street and highway lighting facilities; facilities for the collection, treatment and disposal of sewage, industrial wastes, storm waters, garbage and refuse; the production, storage, treatment and distribution of water for public and private purposes, parks, playgrounds including recreational facilities and buildings for the public generally, and works to provide for the drainage of roads, streets and public places, including, but not limited to curbs, gutters, sidewalks and grading and pavement; and the reclamation of submerged or other land by watering or dewatering. (Amended by Sec. 1 of Chapter 236, California State Statutes, 1969).
Sec. 77a. Except where expressly limited by the terms of the dedication, grant or deed, the construction of enclosed recreational buildings on land acquired by the district for park purposes is not inconsistent with such purposes if no more than fifty percent (50%) of the area of the parcel is so used. (Added by Sec. 2 of Chapter 237, California State Statutes, 1969).
Sec. 78. The district may acquire or construct the reclamation of land for small craft harbor purposes, by grading, excavation and fill, and acquire or construct therein or in connection therewith breakwaters, levees, jetties, bulkheads, walls of rock or other materials, wharves, piers, docks, slips, quays, moles, launching facilities, and roadways, walkways, parking places, drainage facilities, sewer, water, lighting, garbage and refuse disposal, and all works or utilities incidental to or necessary or useful in the operation of such harbor; and finance the costs thereof through an improvement district of the area of said facilities. (Amended by Sec. 1 of Chapter 668, California State Statutes, 1970).
Sec. 79. The district may acquire, construct, maintain and operate facilities for providing fire protection to the district and its occupants or inhabitants, including buildings, engines, hose, hose carts, or carriages, and other appliances and supplies for the full equipment of fire companies or departments and a police department, to protect and safeguard life and property.
Sec. 79a. The district may acquire or construct conduits and other underground gas, telephone and electrical facilities required under any rules and regulations adopted by any public utility pursuant to the rules, regulations and orders of the Public Utilities Commission, and may sell such facilities in the manner provided by Article 9 (commencing at Section 50550), Chapter 2, Part l, Division 1, Title 5 of the Government Code; and bridges, culverts, underpasses and viaducts. (Added by Senate Bill No. 1165, May 10, 1963).
Sec. 80 The district may take, acquire, hold, use, lease and dispose of property of every kind within or without the district, necessary, expedient or advantageous to the full exercise and economic enjoyment of its purposes and powers.
Sec. 81. The district may exercise the right of eminent domain for the condemnation of private property for public use within but not without the district. The board has the same rights and powers with respect to the taking of property for the public uses of the district as are now or may hereafter be conferred by general law on the legislative body of a city. The provisions of Title 7 (commencing at Section 1237) of Part 3 of the Code of Civil Procedure shall apply.
Sec. 82. Notwithstanding the provisions of Sections 80 and 81 of this act, the district shall not acquire property located outside the district boundaries without first obtaining the consent of the board of supervisors of the county in which the property to be acquired is located.
Sec. 83. The district may make and accept contracts, deeds, releases and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district.
Sec. 84. The district may cooperate and contract with the federal government of the United States and with the State of California, or with any county, municipal corporation, district, or other public corporation, or with any person, firm or corporation, for the joint acquisition, construction, or use or aid in the construction of any facilities which the district has the power to acquire or construct under this act or for the providing of any service within the powers of the district.
Sec. 85. The district may borrow money and provide for its repayment in the manner provided in Article 7 (commencing at Section 53820) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
Sec. 86. The district may guarantee the performance of any of its transactions.
Sec. 87. The district may incur bonded indebtedness and issue bonds in the manner herein provided.
Sec. 88. Bonds issued by the district shall be of the form and executed in the manner provided by the board.
Sec. 89. If any officer whose signature or counter-signature appears on bonds or coupons ceases to be such officer before delivery of the bonds, his signature shall be as effective as if he had remained in office.
Sec. 90. Any bonds issued by the district organized under the provisions of this act are given the same force, value and use as bonds issued by any municipality and shall be exempt from all taxation within the State.
Sec. 91. The district may refund or retire any public indebtedness or lien that may exist or be created against the district or any property therein which shall have arisen out of the transaction of the affairs of the district.
Sec. 92. The district may issue warrants on any moneys with the county treasurer in payment of district obligations. The warrants shall be registerable as provided for county warrants when not paid for want of funds. Demands allowed by the board shall be prepared, presented and audited in the same manner as demands upon the funds of the county, but free of the limitation of any budget law.
Sec. 93. The district may cause special assessments to be levied and collected and issue bonds to represent unpaid assessments on the basis of benefit to the properties assessed for the purpose of financing the acquisition and construction of public improvements.
Sec. 94. The district may appoint, employ and fix the compensation of engineers, attorneys, assistants and other employees as it deems proper.
Sec. 95. The district may sell any effluent or other product resulting from the operation of any treatment or disposal plant or facility constructed or acquired by or for the district.
Sec. 96. The district may take out insurance in the form and in the amounts as the board may deem necessary for the adequate protection of the district's property, officers, employees and interests.
Sec. 97. The district may make and enforce all necessary and proper regulations, not in conflict with the laws of this State, for the removal of garbage and refuse and the supplying of sewage, light, water, storm water and fire and police protection service. A violation of a regulation of the district is a misdemeanor punishable as such. A regulation of the board shall be adopted by ordinance and shall be posted for one week in three public places in the district and shall take effect upon expiration of the week of such posting. A subsequent finding of the board, entered in its minutes, that posting has been made is conclusive evidence that the posting has been properly made.
Sec. 98. The district may compel all residents and property owners in the district to connect their houses, habitations and structures requiring sewage or drainage disposal service with the sewer and storm drains of the district, and to use district garbage and refuse removal service and facilities.
Sec. 99. The district may prescribe, revise and collect charges for services and facilities furnished by it, for the regulation thereof and for revenue. Charges may be collected either singly or collectively, and the board may establish rules governing their levy and collection.
Article 6. General Obligation Bonds
Sec. 105. The district may issue bonds as provided in this article for any of the purposes stated in Sections 77, 78, 79 and 80.
Sec. 106. By resolution adopted by a four-fifths' vote of all its members, when in its judgment it is advisable, the board may call an election and submit to the voters of the district the question of whether bonds shall be issued. (Amended by Sec. 19.1 of Chapter 1511, California State Statutes, 1967).
Sec. 107. The resolution calling the election may submit as one proposal the question of issuing bonds to make all the outlays or so many of them as may be selected, or the resolution may submit at the election as separate questions the issuance of bonds for any of the outlays singly or in combination.
Sec. 108. Notices of bond elections shall be given as nearly as practicable in accordance with the general laws regarding notices of municipal election.
Sec. 109. The vote shall be by ballot, without reference to the general law in regard to the form of ballot.
The ballot shall contain the words "Bonds--Yes" and "Bonds--No," and the person voting at the election shall put a cross (+) upon his ballot after the "Yes" or "No" to indicate whether he has voted for or against the bonds.
Sec. 110. Following the close of the polls the officers of election shall canvass the ballots. The ballots and returns shall be sealed and delivered to the secretary or president. The board shall meet and canvass the returns and enter the returns in its minutes.
The entry is conclusive evidence of the fact and regularity of all prior proceedings, and of the facts stated in the entry. No informality shall affect the validity of said bonds.
Sec. 111. Except as herein provided, the election shall be conducted as nearly as practicable in accordance with the general laws for cities.
Sec. 112. If, at the election, two-thirds of the votes cast are in favor of the issuance of bonds, the board may issue and dispose of the bonds.
Sec. 113. Bonds issued by the district under the provisions of this article shall be of such denomination as the board determines except that no bonds shall be of a denomination less than one hundred dollars or greater than one thousand dollars.
Sec. 114. The bonds shall be payable in lawful money of the United States at the office of the treasurer or at such other place, depositary, paying agent or fiscal agent within or without the State of California as may be designated by the board, and bear interest at a rate not exceeding six percent per annum, payable semiannually in like lawful money, except the first year which may be for more or less than one year.
Sec. 115. No bonds shall be payable in installments, but each shall be payable in full on the date specified therein by the board. The board may provide that all bonds issued by the district may be subject to retirement at any time prior to maturity, in which event they shall so state on their face.
Sec. 116. Each bond shall be signed by the president and countersigned by the secretary. The signature of the president on the bonds and of the secretary on the coupons may be printed, lithographed or engraved and such shall constitute due execution.
Sec. 117. The bonds shall be numbered consecutively, beginning with number one, and shall have coupons attached referring to the number of the bond.
Sec. 118. Before selling the bonds, or any part thereof, the legislative body shall give notice inviting sealed bids in such manner as the legislative body may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the legislative body may reject all bids received, if any, and either readvertise or sell the bonds at private sale.
Sec. 119. The term of bonds issued shall not exceed forty years.
Sec. 120. The resolution providing for the issuance of the bonds, by its adoption, shall be conclusive evidence of the regularity of said bond proceedings.
Sec. 121. The board may, in its discretion, before or after issuance, commence, in the superior court of the county, a special proceeding to determine its right to issue the bonds and their validity, similar to the proceedings in relation to irrigation bonds provided for by the Irrigation District Law, Division 11 (commencing at Section 20500) of the Water Code, and all supplementary acts, and all their provisions apply to and govern the proceedings to be commenced by the board, so far as applicable. The judgment has the same effect as a judgment in relation to irrigation bonds under the provisions of that law. The board may use the same procedure to validate the creation of the district and any annexations thereto.
Sec. 122. An issue of bonds is the aggregate principal amount of all bonds authorized to be issued in accordance with a proposal submitted to and approved by the voters of the district, but no indebtedness will be deemed to have been contracted until bonds shall have been sold and delivered and then only to the extent of the principal amount of bonds sold and delivered.
Sec. 123. The board may, in its discretion, divide the aggregate principal amount of an issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. In the event any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at the time or times as may be fixed by the board separate and distinct from the time or times of payment of bonds of any other division or series of the same issue.
Article 7. Improvement District Bonds
Sec. 130. Bonds of a portion of the district may be authorized and proceedings therefor shall be had in the manner now or hereafter provided for the issuance of bonds for a portion of a county water district.
Sec. 131. If the board deems it appropriate, the resolution declaring necessity for incurring the bonded indebtedness may include an additional question which shall be subject to hearing, to wit:
If only a portion of the district will be benefited, is that portion uninhabited as defined by the District Reorganization Act of 1965?
If at the conclusion of the hearing the board, by ordinance adopted by a four-fifths vote, determines that the portion is uninhabited and that written protests have not been made by the owners of either more than one-half of the area subject to taxation for the payment of the bonds and interest or more than one-half of the assessed value of land within such area, the board may thereafter proceed with issuance of the bonds without the necessity of an election. The determinations made by such ordinance are final and conclusive.
The principal amount of such bonds shall not exceed the then unissued balance of the principal amount of bonds of the same type and for the same purpose authorized at an election theretofore held in the district as a whole. When bonds are issued pursuant to this section, unissued bonds referred to herein in a principal amount at least equal to the principal amount of bonds issued pursuant to this section shall be cancelled by order of the legislative body and shall not be issued. (Added by Sec. 2 of Chapter 494, California State Statutes, 1971).
Article 8. Revenue Bonds
Sec. 135. The district may create revenue bond indebtedness for the acquisition and construction, or acquisition or construction, of any improvements or property of facilities contained within its powers.
Sec. 136. Proceedings for the authorization, issuance, sale, security and payment of revenue bonds shall be had, the board shall have the powers and duties, and the bondholders shall have the rights and remedies, all in substantial accordance with and with like legal effect as provided in the Revenue Bond Law of 1941, Chapter 6 (commencing at Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code; provided, however, that qualified voters at the election therein provided shall be voters as defined in this act, and the method of voting shall be as herein provided. As used therein the word "resolution" shall mean ordinance, the words "local agency" shall mean district, and the words "legislative body" shall mean board.
Article 9. Assessment Bonds
Sec. 150. The Municipal Improvement Act of 1913, Division 12 (commencing at Section 10000) of the Streets and Highways Code, the Improvement Act of 1911, Division 7 (commencing at Section 5000) of the Streets and Highways Code, the Street Opening Act of 1903, Part 1 (commencing at Section 4000) of Division 6 of the Streets and Highways Code, and the Improvement Bond Act of 1915, Division 10 (commencing at Section 8500) of the Streets and Highways Code, as now or hereafter provided, are applicable to the district.
Sec. 151. The provisions of any act to the contrary, it shall not be necessary to obtain the consent of the county to conduct assessment proceedings. No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of the assessment and the diagram attached thereto shall be recorded in the office of the district engineer and in the office of the county engineer of the county.
Article 10. Taxation--County Roll
Sec. 160. The lien for taxes for the first fiscal year after the district is formed shall attach on the first Monday in March or on the date the district is created, whichever is later. It shall not be necessary to make or file a notice of the creation of this district.
Sec. 161. Annually, at least fifteen (15) days before the first day of the month in which the board of supervisors is required by law to levy the amount of taxes required by law for county purposes, the board shall furnish to the board of supervisors a written statement of the following:
(1) The amount necessary to pay the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy. Said statement shall separately set forth the amounts required for each issue of bonds as defined in Section 122. If a zone or zones have been established pursuant to Article 10.5 (commencing with Section 167.1), the statement shall separately set forth the amounts required within each zone. The statement shall also state for each zone whether the tax base is to be land, land and improvements, or all taxable property.
(2) The amount necessary to maintain, operate, extend or repair any work or improvements of the district, and to defray all other expenses incidental to the exercise of any of the district powers or to pay any existing obligations of the district. (Amended by Sec. 19.2 of Chapter 1511, California State Statutes, 1967).
Sec. 162. Except as set forth in Article 10.5 (commencing with Section 167.1), the board of supervisors shall, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real and personal property in the district, based upon the last equalized assessment roll of the county, sufficient to pay the amounts set forth in the statement of the board. The aggregate taxes levied for any one fiscal year, other than those levied to pay the principal and interest on bonds, shall not exceed five dollars ($5) on each one hundred dollars ($100) of the assessed valuation of taxable real and personal property in the district. (Amended by Sec. 19.3 of Chapter 1511, California State Statutes, 1967).
Sec. 163. If the board fails to furnish the written statement, the board of supervisors shall ascertain the amount necessary to pay the interest on the bonds for that year and the portion of the principal that is to become due before the proceeds of the next general tax levy shall become available, and shall levy and cause to be collected the amount.
Sec. 164. The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and, when collected, shall be paid into the county treasury to the credit of the proper district fund, as provided in Article 12. The board shall control and order its expenditure.
Sec. 165. The principal and interest on district bonds shall be paid by the treasurer, if payable at his office, in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county, unless said bonds shall be made payable elsewhere.
Sec. 166. Compensation to the county for the performance of services described in this article shall be fixed by the parties.
Article 10.5. Zones
Sec. 167.1. From and after the effective date of this section, if, in the judgment of the board of directors, varying benefits are or will be derived by the different parcels of land lying within the district from the expenditure of land proceeds for any one or more of the purposes authorized by Article 5 (commencing with Section 75), the district may be divided into a zone or zones according to such benefits. After the establishment of such a zone or zones, any tax levied to pay the principal of and interest on bonds heretofore or hereafter authorized to be issued by the voters of the district for such purposes may be levied and collected upon the taxable property within each zone in accordance with the percentage of the sum to be raised each year in such zone by the levy and collection of said tax.
Sec. 167.2. The district may be divided into as many zones, up to the total number of parcels of land in the district, as may be deemed proper for each bond purpose, and each zone may be composed of and include all of the lands within the district which will be benefited in like measure for such purpose. A parcel of land may be included in as many zones as may be necessary in order to reflect the relative benefits derived by it from various bond issues.
Sec. 167.3. Before establishing any zones or changing a parcel of land from one zone to another, the board of directors shall by resolution direct the preparation of a report in writing by a qualified registered civil engineer employed by the district for the purpose. Such report shall be filed with the district secretary and shall contain:
(a) The percentages or other method of apportionment to be used to determine the amounts to be raised from the lands in each zone; and
(b) A map or plat of the district showing the parcels of land within the district existing at the time of the report, as nearly as may be, and designating each zone by a different letter or number and by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. If deemed advisable, a separate map or plat may be prepared for each bond purpose for which zones are created or several purposes may be combined. Such map or plat shall also refer to the parcels of land by their respective county assessor's parcel numbers.
Sec. 167.4. When the report is filed, it shall be considered by the board of directors who may modify it in any respect. After passing upon the report, the board by resolution shall appoint a time and place for hearing protests to the proposed zone or zones and the method of allocation and shall direct the district secretary to give notice of the hearing by publication pursuant to Section 6062a of the Government Code in a newspaper of general circulation within the district. The hearing shall be held not less than 14 days after the passage of the resolution. The secretary shall also cause notice of the hearing to be posted conspicuously in at least three public places within the district. Such posting shall be completed at least 10 days before the date set for hearing protests.
Sec. 167.5. At least 10 days before the date set for hearing of protests, the secretary shall mail, postage prepaid, notice of the hearing to all persons owning taxable property proposed to be included within a zone whose names and addresses appear on the last equalized assessment roll for county taxes or who are known to the secretary. The failure of the secretary to mail the notice to any property owner or the failure of any property owner to receive the notice shall not affect the validity of any proceedings taken under this article. If property assessed by the state under Section 14 of Article XIII of the Constitution is proposed to be included within a zone, such notice shall be mailed to every owner of such property at the address thereof shown on the last board roll transmitted to the county auditor.
Sec. 167.6. Any interested person may object to the proposed zones or to the method of allocation by filing a written protest with the secretary at or before the time set for hearing. Such protest must contain a description of the property in which each signer thereof is interested sufficient to identify the same, and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property or are obligated to pay the taxes thereon. The secretary shall endorse on each protest the date of its receipt, and at the time appointed for the hearing shall present to the board of directors all protests filed with him.
Sec. 167.7. At the time fixed for hearing, the board of directors shall consider the protests and either conform, modify or correct the zones and the method of apportionment. It shall thereafter by resolution order the establishment of the zones and declare its action upon the report. The resolution shall be final and conclusive as to all persons, and thereafter any levies required to be made for the payment of principal of and interest on bonds shall be made in accordance therewith and not on the present district wide annual ad valorem basis.
Sec. 167.8. After the adoption of the resolution ordering the establishment of zones, a certified copy thereof, together with a certified copy of the report as confirmed, modified or corrected, shall be filed with the county assessor. The secretary shall also make such filings as may be required with the State Board of Equalization pursuant to Chapter 8 (commencing with Section 54900) of Part 1, Division 2, Title 5 of the Government Code. The filing with the county assessor required by this section shall be deemed a filing pursuant to said Chapter 8 and no further filings need be made.
Sec. 167.9. In the event that the board of directors may deem it advisable to divide an existing zone or to change or modify one or more zones, it shall order a report and hold hearings thereon in the same manner as provided for the establishment of zones by this article, but the report and the notice and hearing thereon shall be limited to the area and zones affected by the proposed changes. From and after the approval of such change as determined by the board of directors, and following the making of the filings required by Section 167.8, all subsequent tax levies shall be in accordance with such changes.
Sec. 167.10. If, in the judgment of the board of directors, at the time it makes a determination as provided in Section 167.1, as to bonds issued, heretofore authorized but unissued, or hereafter authorized to be issued for the purposes of acquiring, constructing, reconstructing, altering, enlarging, laying, renewing, replacing, maintaining or operating street and highway lighting facilities; works to provide for the drainage of roads, streets and public places, including, but not limited to curbs, gutters, sidewalks, grading, paving; culverts, bridges, underpasses or viaducts; facilities for the collection, treatment and disposal of sewage, industrial wastes, storm waters, garbage and refuse; the production, storage, treatment and distribution of water for public purposes and reclamation purposes, varying benefits will be more equitably apportioned among the several lots or parcels of land within a zone by the levy of taxes, to pay the principal and interest of said bonds, upon the taxable land and improvements or taxable land only within the zone, for a particular issue of bonds, it shall preliminarily so determine. In such event, the report prepared pursuant to Section 167.3 shall contain such information as will present the comparative difference between such tax base and the basis of all taxable property. The notices shall contain a statement of the preliminary determination and proposed action and the matter shall be heard and finally determined as provided in Sections 167.1 to 167.9, inclusive. (Added by Sec. 19.4 of Chapter 1511, California State Statutes, 1967; Amended by Sec. 1 of Chapter 567, California State Statutes, 1972).
Article 11. Alternative Tax Procedure
Sec. 170. The alternative procedure of the County Water District Law for the levy and collection of district taxes shall apply.
Article 12. Funds
Sec. 175. In a fund called the "Estero Municipal Improvement District General Fund," the treasurer shall place and keep the money levied by the board for that fund.
Sec. 176. The proceeds of the sale of revenue bonds or general obligation bonds or proceeds of special assessments levied by the board shall be deposited with the treasurer and shall be placed in a fund to be called the "Estero Municipal Improvement District Construction Fund No. " (inserting number).
Sec. 177. The money in any construction fund shall be used for the purpose indicated in the resolution calling the election upon the question of the issuance of bonds, or for the purpose described in the resolution of intention in the assessment proceedings, or for repayment of money borrowed for the purpose of financing the improvement for which bonds were subsequently issued or the assessment levied.
Sec. 178. The bond money may also be used for interest and working capital for the period of construction and for twelve months thereafter, and also to pay the costs of their authorization and issuance including fees for legal, engineering, fiscal, economic or other service.
Sec. 179. Any money in the construction fund determined by resolution of the board to be in excess of the amounts required for completion of the improvement authorized may, by the resolution so determining, be transferred to any other fund of the district and be used for any lawful purpose.
Sec. 180. In a fund called the "Estero Municipal Improvement District Bond Fund, " (inserting series number), the treasurer shall keep money levied or collected for that fund.
Sec. 181. No part of the money belonging in the bond fund may be transferred to any other fund or be used for any purpose other than the payment of principal and interest of the bonds of the district, or for repayment of money borrowed for the purpose of paying the principal and interest of the bonds of the district, until said bonds are fully paid, at which time it may be transferred to any other fund.
Sec. 182. The budget law shall not apply to the district.
Article 13. Alternative Depositary of District Money
Sec. 190. The provisions of this article are alternative or supplemental to those providing for the use of the county treasury.
Sec. 191. The board may by resolution designate a bank as depositary of any or all of its funds. No question of interest shall affect such appointment. If the depositary is not designated for all of its funds, it shall designate what funds are to be deposited with the depositary. The county treasurer shall be the depositary for all funds not so designated.
Sec. 192. The charges of any depositary selected shall be a proper expense of the district.
Sec. 193. If the board appoints a depositary, it shall appoint a person who shall be known as finance officer, who shall serve at its pleasure. It shall fix the amount of his compensation. It shall fix the amount of and approve his bond which in no event may be less than two hundred fifty thousand dollars. (Amended by Senate Bill No. 1165, May 10, 1963).
Sec. 194. Bond principal and interest and salaries shall be paid when due. All other claims and demands shall be approved in writing or in open meeting by a majority of the members of the board.
Sec. 195. Warrants shall be drawn by the finance officer and signed by the president and secretary, or one of them and one member of the board.
Sec. 196. The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district.
Sec. 197. The finance officer shall make annual or earlier written reports to the board, as it shall determine, as to the receipts and disbursements and balances in the several accounts under his control. The report shall be signed by him and filed with the secretary.
Article 14. Changes in Organization
Sec. 205. Territory may be annexed to or detached from the district, if such territory would qualify for annexation to or detachment from a county water district, and other changes of organization or reorganizations may be made, all in the manner and as provided in Division 1 (commencing at Section 56000) of Title 6, Government Code. (Amended by Sec. 641 of Chapter 2043, California State Statutes, 1965).
Article 15. Need for Special Act
Sec. 215. The purpose of this act is to form the Estero Municipal Improvement District in order that the area benefited may be provided with various municipal improvements. Special facts and circumstances, applicable to the general area within which the district lies and not generally, make the accomplishment of this purpose impossible under existing general laws and therefore special legislation is necessary. The special facts are as follows:
(a) The area has no facilities for the treatment and disposal of sewage and, in its development, will consequently contaminate the waters of the State;
(b) The area is without an adequate water supply, storage and distribution system for public and private purposes;
(c) There is need for small craft harbor facilities in the area and the public interest, economy and general welfare will be served by privately-owned facilities of such nature being expedited, and such action will conserve moneys made available by the State for public small craft harbors;
(d) There is urgent need for the improvements which the district is empowered to construct under this act, but other municipal powers which could be exercised by a city are not required, and would result in more government than the area needs or wants;
(e) There are no existing general laws under which the area could be provided with the facilities it needs short of incorporation as a city. Therefore, the only way in which the particular needs of the area can be provided is by special act;
(f) The land in the district is not owned by residents. The owners are the ones primarily concerned with the district and the ones who will be supporting the district. The owners should therefore hold the voting power. Since no general law district with the necessary powers provides for voting by owners, special legislation is necessary;
(g) The area is of strategic importance during times of war or threatened war. It is strategically located adjacent to the Bayshore industrial complex. Influx of military men and their families during times of war or threatened war greatly increases the necessity of providing municipal facilities.