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Section § 13070

This law section outlines the various powers and responsibilities that a district can undertake. A district can provide water for multiple uses, manage sewage and waste, and perform tasks like fire protection with consent from local fire agencies. It can engage in urban planning, garbage disposal, and public recreation, including parks and golf courses. The district can also handle street lighting, mosquito control, and police protection. Furthermore, it can work on street improvements, transportation infrastructure, and parking facilities, with required approvals for state or local road projects.

The district may acquire, construct, maintain, and operate property, works, and facilities for any one or more of the following purposes:

(a) To supply the inhabitants of the district with water for domestic use, irrigation, sanitation, industrial use, fire protection, and recreation.

(b) The collection, treatment, or disposal of sewage, waste, and storm water of the district and its inhabitants.

(c) To exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code.

If the district includes any part of any local agency which provides fire protection service to any territory in the district, the district shall have no authority regarding the prevention or suppression of fires in that territory unless the district has obtained the consent of the local agency.

(d) Comprehensive planning for the physical growth of the area within the district.

(e) The collection or disposal of garbage or refuse matter.

(f) Public recreation by means of parks, including, but not limited to, acquatic parks and recreational harbors, playgrounds, golf courses, swimming pools, or recreation buildings for all-year recreation, including, but not limited to, facilities for public and private meetings, and other public squares and places.

(g) Street lighting.

(h) Mosquito abatement.

(i) The equipment and maintenance of a police department or other police protection to protect and safeguard life and property.

(j) The opening, widening, extending, straightening, and surfacing, in whole or part, of any street in the district, subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction.

(k) The construction and improvement of bridges, culverts, curbs, gutters, drains, and works incidental to the purposes specified in subdivision (j), subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction.

(l) The construction and maintenance of parking facilities and other transportation facilities.

district responsibilities water supply waste management fire protection urban planning garbage disposal public recreation street lighting mosquito control police protection street improvements transportation facilities parking facilities infrastructure development sewage treatment

(Amended by Stats. 1989, Ch. 45, Sec. 2. Effective June 15, 1989.)

Section § 13070.1

In this section, the term "acquire" means getting something in different ways like buying, renting, taking it forcibly through legal means, or receiving it as a gift or set aside for a specific purpose.

As used in this chapter, “acquire” includes, but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication.

acquire definition condemnation purchase lease donation dedication property acquisition legal acquisition methods California condemnation acquisition through dedication

(Added by Stats. 1975, Ch. 582.)

Section § 13071

This law allows the district the flexibility to manage its own property. The district can keep, use, enjoy, lease out, or sell any property it owns.

The district may hold, use, enjoy, lease or dispose of any of its property.

district property management lease property dispose of property property use property enjoyment district leasing rights district property rights property disposal property holding manage district property

(Added by Stats. 1968, Ch. 302.)

Section § 13072

This law section allows a district board to propose new purposes for a district, beyond what was initially established, if they find it feasible, economically viable, and in the public interest. The board can then call a special election or wait for the next general election to let voters decide on adopting these new purposes. If a majority of voters agree, the district can start working on these additional purposes.

Whenever the board determines by resolution that it is feasible, economically sound, and in the public interest, for the district to exercise its powers for any of the purposes specified in Section 13070, and not specified in the resolution establishing the district, the board may call a special district election and submit to the voters of the district, or submit to them at the next general district election, the question of whether the district should adopt such additional purpose or purposes. If a majority of the votes cast at the election upon such proposition shall be in favor of the adoption of such additional purpose or purposes, then the powers of the district may be exercised therefor.

special district election voter approval additional district purposes district board resolution general district election district powers public interest feasibility study economic consideration proposition voting

(Added by Stats. 1961, Ch. 2069.)

Section § 13073

This law section states that a district can take on debt by issuing bonds, following the specified procedures.

Bonded indebtedness may be incurred within the district in the manner herein provided.

bonded indebtedness incur debt district bonds issuing bonds bond procedures debt issuance municipal bonds public finance district financial management bond approval process

(Added by Stats. 1961, Ch. 2069.)

Section § 13074

This law allows the board governing a district to require that all residents and property owners connect to the district's sewage, storm drain, water services, and garbage removal services. This means any buildings needing these services must use the district’s systems. The board can also charge fees for these services, as long as they are reasonable and necessary.

The board may compel all residents and property owners in the district to connect their houses, habitations and structures requiring sewage or drainage disposal service or a joint water system with the sewer and storm drains or water facilities of the district, and to use district garbage and refuse removal service and facilities. The board may charge reasonable and necessary fees for these services.

compel residents district services sewage connection drainage disposal water facilities garbage removal property owners service fees storm drains water system connection district board habitations structure requirements reasonable fees necessary fees

(Amended by Stats. 1989, Ch. 789, Sec. 22.)

Section § 13075

This law states that districts in operation as of July 1, 1970, cannot start new activities or offer new services beyond what they already did or planned to do by that date. If an activity or service is stopped, it can't be restarted.

However, if a district has existing obligations as of the effective date of this law, those obligations can still be fulfilled, and this law won't affect any contractual rights already established.

By January 1, 1972, district boards must officially document and notify the Secretary of State about their activities and services as of July 1, 1970. They also need to list any remaining obligations as of the effective date of the law and send this information to the State Controller. This documentation confirms what activities the district is permitted to perform.

(a) No district shall engage in any activity or provide any service not already engaged in or provided, or budgeted for, as of July 1, 1970. Whenever any activity or service of a district is terminated, it shall not be reactivated.

(b) Notwithstanding the provisions of subdivision (a), any obligations of a district which are outstanding as of the effective date of this section shall be considered exceptions to subdivision (a) and may be fully performed, and the provisions of this section shall not be construed in any manner so as to impair the contractual rights of any person.

(c) On or before January 1, 1972 the district board shall certify in writing to the Secretary of State any and all activities and services being engaged in or provided, or budgeted for, as of July 1, 1970, and all outstanding obligations of the district as of the effective date of this section, and shall transmit a copy of such certification to the State Controller, which shall be presumptive evidence of the activities authorized to be performed by the district.

district activities service restrictions obligations exception contractual rights certification requirement Secretary of State notification State Controller transmission 1970 service limitation service authorization activity termination outstanding obligations district board responsibilities presumptive evidence existing obligations effective date exceptions

(Added by Stats. 1971, Ch. 301.)

Section § 13076

This law allows Resort Improvement District Number 1 in Humboldt County to produce, purchase, and sell electricity within its area. If someone wants to challenge, change, or void the rates or charges for electricity set by the district after July 1, 2000, they must do so within 120 days of the decision. However, this 120-day limit doesn't apply if the legal challenge is about a rate, charge, or capital facilities fee that didn't meet certain notice and disclosure requirements.

(a) Notwithstanding any other provision of this chapter, and in addition to any other powers conferred thereby, Resort Improvement District Number 1, in the County of Humboldt, may produce, purchase, and sell electrical power within the boundaries of the district.

(b) Except as provided in subdivision (c), any judicial action or proceeding against the district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.

(c) The statute of limitations set forth in subdivision (b) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.

Resort Improvement District Number 1 Humboldt County electric power production electricity sales judicial action 120-day limit rate challenge charge challenge capital facilities fee notice requirements disclosure requirements statute of limitations electric commodity electric service rates ordinance challenge

(Amended by Stats. 2000, Ch. 146, Sec. 4. Effective July 21, 2000.)