Section § 61110

Explanation

Every year, or every two years for certain districts, the board of directors has to adopt a preliminary budget by July 1. This budget should follow standard accounting practices and can be divided into various categories like maintenance, operation, and employee pay.

The board must notify the public by publishing a notice that either a preliminary budget has been adopted or a final budget proposal is ready for review. This notice should include details about when and where the final budget meeting will happen, and invite public comments.

This notice must be published at least two weeks before the meeting in a local newspaper. During the meeting, anyone interested can discuss items in the budget. The board needs to finalize the budget by September 1 and send it to the county auditor.

(a)CA Government Code § 61110(a) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors may adopt a preliminary budget that conforms to generally accepted accounting and budgeting procedures for special districts.
(b)CA Government Code § 61110(b) The board of directors may divide the preliminary budget into categories, including, but not limited to, the following:
(1)CA Government Code § 61110(b)(1) Maintenance and operation.
(2)CA Government Code § 61110(b)(2) Services and supplies.
(3)CA Government Code § 61110(b)(3) Employee compensation.
(4)CA Government Code § 61110(b)(4) Capital outlay.
(5)CA Government Code § 61110(b)(5) Interest and redemption for indebtedness.
(6)CA Government Code § 61110(b)(6) Designated reserve for capital outlay.
(7)CA Government Code § 61110(b)(7) Designated reserve for contingencies.
(c)CA Government Code § 61110(c) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors shall publish a notice stating all of the following:
(1)CA Government Code § 61110(c)(1) Either that it has adopted a preliminary budget or that the general manager has prepared a proposed final budget which is available for inspection at a time and place within the district specified in the notice.
(2)CA Government Code § 61110(c)(2) The date, time, and place when the board of directors will meet to adopt the final budget and that any person may appear and be heard regarding any item in the budget or regarding the addition of other items.
(d)CA Government Code § 61110(d) The board of directors shall publish the notice at least two weeks before the hearing in at least one newspaper of general circulation in the district pursuant to Section 6061.
(e)CA Government Code § 61110(e) At the time and place specified for the hearing, any person may appear and be heard regarding any item in the budget or regarding the addition of other items. The hearing on the budget may be continued from time to time.
(f)CA Government Code § 61110(f) On or before September 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors shall adopt a final budget that conforms to generally accepted accounting and budgeting procedures for special districts. The general manager shall forward a copy of the final budget to the auditor of each county in which the district is located.

Section § 61111

Explanation

This law allows a board of directors to change its budget by passing a resolution during regular or specially announced meetings. They can move funds between categories, but they cannot move money from reserves set aside for capital projects or emergencies. Additionally, the board can give the general manager permission to make similar fund transfers, but again, without touching those designated reserves.

(a)CA Government Code § 61111(a) At any regular meeting or properly noticed special meeting after the adoption of its final budget, the board of directors may adopt a resolution amending the budget and ordering the transfer of funds between categories, other than transfers from the designated reserve for capital outlay and the designated reserve for contingencies.
(b)CA Government Code § 61111(b) The board of directors may authorize the general manager to transfer funds between budget categories, other than transfers from the designated reserve for capital outlay and the designated reserve for contingencies.

Section § 61112

Explanation

This law allows a board of directors to set aside reserve funds for specific purposes in their budget, such as capital projects or emergencies. These reserves can only be used for their intended purposes and must follow standard accounting rules. The board can both add to these reserves and, by a significant vote, redirect unused funds to the general fund if they’re no longer needed in the reserve. In emergency situations, funds can be temporarily moved to the general fund, but must be returned when possible. Boards must also have a policy for managing these reserves and review it annually.

(a)CA Government Code § 61112(a) In its budget, the board of directors may establish a designated reserve for capital outlay and a designated reserve for contingencies. When the board of directors establishes a designated reserve, it shall declare the exclusive purposes for which the funds in the reserve may be spent. The funds in the designated reserve shall be spent only for the exclusive purposes for which the board of directors established the designated reserve. The reserves shall be maintained according to generally accepted accounting principles.
(b)CA Government Code § 61112(b) Any time after the establishment of a designated reserve, the board of directors may transfer any funds to that designated reserve.
(c)CA Government Code § 61112(c) If the board of directors finds that the funds in a designated reserve are no longer required for the purpose for which it established the designated reserve, the board of directors may, by a four-fifths vote of the total membership of the board of directors, discontinue the designated reserve or transfer any funds that are no longer required from the designated reserve to the district’s general fund.
(d)CA Government Code § 61112(d) Notwithstanding any other provision of this section, in a state of emergency or in a local emergency, as defined in Section 8558, a board of directors may temporarily transfer funds from the designated reserve for capital outlay or the designated reserve for contingencies to the district’s general fund. The board of directors shall restore these funds to the designated reserves when feasible.
(e)CA Government Code § 61112(e) The board of directors of each district that has designated an alternative depositary pursuant to Section 61053 and appointed a district treasurer shall adopt and annually review a policy for the management of reserves.

Section § 61113

Explanation

Every year by July 1, the board of directors must set a spending limit for the next fiscal year, following rules in the California Constitution and other laws. However, this rule does not apply to districts that existed before 1978 and didn't charge high property taxes at that time. It also doesn't apply to districts that have handed over their services and the related property tax revenues to another local agency.

(a)CA Government Code § 61113(a) On or before July 1 of each year, the board of directors shall adopt a resolution establishing its appropriations limit, if any, and make other necessary determinations for the following fiscal year pursuant to Article XIII B of the California Constitution and Division 9 (commencing with Section 7900).
(b)CA Government Code § 61113(b) Pursuant to subdivision (c) of Section 9 of Article XIII B of the California Constitution, this section shall not apply to a district which existed on January 1, 1978, and which did not as of the 1977-78 fiscal year levy an ad valorem tax on property in excess of 121/2 cents per one hundred dollars ($100) of assessed value.
(c)CA Government Code § 61113(c) This section shall not apply to any district that has previously transferred services and all of the property tax revenue allocation associated with those services to another local agency.

Section § 61114

Explanation

This law states that the county auditor is responsible for giving each district its portion of property tax revenue according to specific rules in the Revenue and Taxation Code.

The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code.

Section § 61115

Explanation

This law allows the board of directors of a district to set prices for services and make sure they're paid. They can collect payments by combining charges for different services on one bill. If bills aren't paid, they can stop services, impose fines, or apply penalties. Unpaid charges can be added to property tax bills. They can also become a legal claim against the property owner's real estate in the county, like a court judgment. If the charges are paid, the district must remove the claim. The district has to pay the county for costs of handling unpaid charges, and they can use different methods to make sure they get paid.

(a)CA Government Code § 61115(a) The board of directors may, by resolution or ordinance, do the following:
(1)CA Government Code § 61115(a)(1) Establish rates or other charges for services and facilities that the district provides.
(2)CA Government Code § 61115(a)(2) Provide for the collection and enforcement of those rates or other charges.
(3)CA Government Code § 61115(a)(3) Among the permissible methods for collection and enforcement are:
(A)CA Government Code § 61115(a)(3)(A) To provide that the charges for any of these services and facilities may be collected with the rates or charges for any other services and facilities provided by the district, and that all charges may be billed on the same bill and collected as one item.
(B)CA Government Code § 61115(a)(3)(B) To provide that if all or part of a bill is not paid, the district may discontinue any or all services.
(C)CA Government Code § 61115(a)(3)(C) To provide for a basic penalty for the nonpayment of charges of not more than 10 percent, plus an additional penalty of not more than 1 percent per month for the nonpayment of the charges and the basic penalty. The board of directors may provide for the collection of these penalties.
(b)CA Government Code § 61115(b) The board of directors may provide that any charges and penalties may be collected on the tax roll in the same manner as property taxes. The general manager shall prepare and file with the board of directors a report that describes each affected parcel of real property and the amount of charges and delinquencies for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time and place for a public hearing by publishing the notice pursuant to Section 6066 in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel. At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the charges and penalties. The board of directors shall make its determination on each affected parcel and its determinations shall be final. On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the charges and penalties against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the charges and penalties on the tax bills for each affected parcel of real property and collect the charges and penalties in the same manner as property taxes.
(c)CA Government Code § 61115(c) The board of directors may recover any charges and penalties by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the charges and penalties due, the name and last known address of the person liable for those charges and penalties. From the time of recordation of the certificate, the amount of the charges and penalties constitutes a lien against all real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment for all amounts due, including the recordation fees paid by the district, the district shall record a release of the lien. In filing any instrument for recordation, the district shall pay the fees required by Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Title 3.
(d)CA Government Code § 61115(d) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section.
(e)CA Government Code § 61115(e) Any remedies for the collection and enforcement of rates or other charges are cumulative and the district may pursue remedies alternatively or consecutively.

Section § 61116

Explanation

This law allows a district to receive money, goods, or services from various government levels or individuals for any legal purpose. Additionally, the district can borrow money and take on debt according to specific existing legal procedures.

(a)CA Government Code § 61116(a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district.
(b)CA Government Code § 61116(b) In addition to any other existing authority, a district may borrow money and incur indebtedness pursuant to Article 7 (commencing with Section 53820), Article 7.4 (commencing with Section 53835),Article 7.5 (commencing with Section 53840), Article 7.6 (commencing with Section 53850), and Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5.

Section § 61117

Explanation

This law allows the board of directors to create a revolving fund. The rules for setting up this fund are outlined in another part of the law, specifically starting at Section 53950.

The board of directors may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5.

Section § 61118

Explanation

The board of directors of a district must regularly audit the district's accounts and records to ensure financial accuracy and compliance. They are also required to prepare and send annual financial reports to the state Controller.

(a)CA Government Code § 61118(a) The board of directors shall provide for regular audits of the district’s accounts and records pursuant to Section 26909.
(b)CA Government Code § 61118(b) The board of directors shall provide for the annual financial reports to the Controller pursuant to Article 9 (commencing with Section 53890) of Chapter 4 of Part 1 of Division 2 of Title 5.

Section § 61119

Explanation

Any claims seeking money or compensation from a district must follow the rules set out in Parts 3 and 4 of Division 3.6 in Title 1. These parts detail the procedures and requirements for filing such claims.

All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1.