2009 California Health and Safety Code - Section 4614.1-4614.15 :: Article 2a. Formation Of Districts In Two Or More Municipal Corporations And Also In Unincorporated Territory

HEALTH AND SAFETY CODE
SECTION 4614.1-4614.15

4614.1.  Districts may be formed pursuant to this article for the
purpose of making any improvement which will be of benefit to
territory partially within the initiating city and partially within
any other city or within unincorporated area of the same county, or
both.

4614.2.  Any city may initiate proceedings for the formation of a
district and the making of improvements pursuant to this article
whenever the governing body of such city determines that it is
desirable that a district be organized pursuant to this article.
Except as otherwise provided in this article, the procedure for the
formation of a district pursuant to this article shall be the same as
the procedure which is provided in this chapter where the district
is within a single city.

4614.3.  If the proposed district includes any part of any other
incorporated city, the governing body of the initiating city shall
file with the governing body of each such other city a certified copy
of its resolution adopted pursuant to Section 4607, which resolution
shall contain a request that the governing body of each such other
city consent to the formation of such district. The governing body of
the initiating city shall not form the district unless prior to the
conclusion of the hearing which is provided for by Section 4611 the
governing body of each city, any part of which is proposed to be
included in the district, by resolution, consents to the formation of
the district.

4614.4.  If any part of the district includes any unincorporated
territory of the county, the governing body of the initiating city
shall file with the board of supervisors of the county in which such
unincorporated territory is situated a certified copy of its
resolution adopted pursuant to Section 4607, which resolution shall
contain a request that the board of supervisors consent to the
formation of such district. The governing body of the initiating city
shall not form the district unless prior to the conclusion of the
hearing which is provided for by Section 4611 the board of
supervisors of the county in which such unincorporated territory is
located, by resolution, consents to the formation of the district
which will include such unincorporated territory within its
boundaries.

4614.5.  Whenever the governing body of each city which is included
in whole or in part within the district which is to be organized, and
the board of supervisors if the district includes any unincorporated
territory, has consented to the formation of the district by filing
a resolution of concurrence with the governing body of the initiating
city, the governing body of the initiating city has full
jurisdiction to proceed with the formation of the proposed district.
Upon the filing with the governing body of the initiating city of all
necessary concurring resolutions of the governing body of any city
or of the board of supervisors of the county, as the case may be, the
governing body of the initiating city has the sole and exclusive
jurisdiction to proceed with the formation of the district, to
conduct all hearings on the formation of the district, to make all
necessary changes in the boundaries of the proposed district or
improvement, to conduct all proceedings on the formation of the
district and to take any other action permitted by this chapter with
like force and effect as though such district were wholly within the
boundaries of the initiating city. The governing body of the
initiating city shall not, however, add to the district at the
hearing which is provided for by Section 4611 any territory within
another city or within unincorporated territory unless it first
obtains a consent to such addition which is expressed by a resolution
adopted by the governing body of such other city or by the board of
supervisors, as the case may be.

4614.11.  Upon the formation of any district pursuant to this
article, the district shall be governed by and under the jurisdiction
of the governing body of the initiating city. The governing body of
the initiating city may conduct all of the affairs of the district,
call and hold bond elections in the district, construct all
improvements in the district, cause taxes to be levied and collected
upon all taxable property in the district, and pass such necessary
legislation as may be required for such improvements, with the same
force and effect as though all of the area in the district were
included within the boundaries of the initiating city.

4614.13.  If bonds are authorized and are issued or are expected to
be issued on behalf of any district which is organized pursuant to
this article, the governing body of the initiating city shall, on or
before the 15th day of July of each year, certify to the board of
supervisors of the county in which the district is located, the
amount to be raised for the payment of the principal of and interest
on the bonds in accordance with Section 4638 and, if applicable,
Section 4639.5. The county auditor shall determine the rate of
taxation which shall be clearly sufficient to raise such amount. The
county auditor shall compute and enter in a separate column in the
county assessment roll the respective sums to be paid as the district
tax on the taxable property in the district. The board of
supervisors of the county in which the district is located shall, at
the time of fixing the general county tax levy and in the manner
which is provided for such tax levy, levy and collect each year upon
all of the taxable property in the district a tax in accordance with
Section 4638 and, if applicable, Section 4639.5. The taxes so levied
shall be in addition to all other taxes levied for county or city
purposes and in addition to taxes levied pursuant to Section 4614.14
and shall be collected at the same time and in the same manner as
county taxes are collected. When such taxes are collected they shall
be paid to the county treasurer who shall forthwith remit them to the
city treasurer of the initiating city. The taxes are a lien on all
taxable property in the district and shall be of the same force and
effect as the lien for county taxes. Their collection shall be
enforced by the same means as provided for the enforcement of the
lien of county taxes. The city treasurer of the initiating city shall
hold such taxes in trust, separate and apart from all other city
funds and use and apply them solely to the payment of bond principal
and interest.

4614.15.  This chapter does not prevent two or more cities or the
board of supervisors of any county from entering into co-operation
agreements for the joint acquisition, construction, or use of joint
sanitary sewage facilities, flood control works, and storm water
drainage systems.

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