Except as in this part expressly provided, the new Costa Mesa County Water District shall be in all respects operated, managed and governed, its directors and officers shall be elected or appointed, and its revenue shall be raised and expended, as provided by law for county water districts generally.
Costa Mesa MergerOperation of New District
Section § 33240
This law section states that the Costa Mesa County Water District will be operated and managed like any other county water district, except where this law specifically says otherwise. This means elections, appointments, and how it raises and spends money follow the general rules for county water districts.
Costa Mesa County Water District county water districts management
Section § 33241
If a water district in California is dissolved and merged into the new Costa Mesa County Water District, any ongoing legal cases involving the dissolved district can still continue. These cases can either proceed against the old district or include the new district as a party.
Any and all actions and proceedings pending by or against any of the districts dissolved hereby at the time of their dissolution and merger into the new district may be prosecuted to final judgment for or against said districts, or the new Costa Mesa County Water District may be substituted as a party.
dissolved district merger Costa Mesa County Water District
Section § 33242
Once the Costa Mesa County Water District is formed by merging other districts, any legal actions for or against the former districts, their directors, officers, or employees, must be directed to the new Costa Mesa County Water District instead. This means you cannot sue or be sued under the old district names anymore.
After the effective date of the dissolution and merger of the districts into the new Costa Mesa County Water District, no action or proceeding shall be brought for or against the dissolved and merged districts or their directors or officers or employees, but shall be prosecuted by or against the Costa Mesa County Water District.
Costa Mesa County Water District district merger dissolution
Section § 33243
The Costa Mesa County Water District takes on all debt, such as bonds, from the districts it absorbed. Creditors can pursue their claims against this new water district as if the original districts still existed. Properties will continue to be taxed to pay off these debts as though the original districts weren't merged. The same laws for enforcing tax collections on the old districts now apply to the Costa Mesa County Water District. Since the City of Costa Mesa doesn't have any current debt, the water district won't be responsible for any unrelated future debts of the city.
All outstanding bonded and other indebtednesses of the dissolved and merged districts are hereby assumed by the Costa Mesa County Water District, and all bondholders and creditors of such districts may enforce any rights they may have against the Costa Mesa County Water District in like manner as if the districts had not been dissolved and merged into the Costa Mesa County Water District. All property subject to taxation or assessment for the payment of the principal of or interest on any such outstanding bonded and other indebtedness shall, until such principal and interest is paid or provision is made for the payment thereof, continue to be subject to such taxation or assessment as fully as though said districts had not been merged or dissolved, and all provisions of law which could have been used against the legislative bodies and officers of the merged or dissolved districts to compel the levy and collection of such taxes or assessments had the merger or dissolution not occurred can be used against the board of directors and officers of the Costa Mesa County Water District. As the City of Costa Mesa has no present bonded indebtedness, the new Costa Mesa County Water District is not assuming any present or future indebtedness of the City of Costa Mesa.
Costa Mesa County Water District bonded indebtedness district merger
Section § 33244
This law explains what happens when certain districts are dissolved and merged into the Costa Mesa County Water District. For each water consumer connected to these districts, three dollars are transferred to the Costa Mesa County Water District's General Fund. Any remaining funds from these districts go to special accounts to pay off bond debts. If there's money left even after those debts are paid, it must be used for improvements in the district where the funds came from.
Upon the dissolution of the named districts, their merger into the Costa Mesa County Water District, and the transfer of the water system by the City of Costa Mesa to the Costa Mesa County Water District as in this part provided, there shall be transferred to the General Fund of the Costa Mesa County Water District a sum equal to three dollars ($3) for each connected consumer by each of the districts and the City of Costa Mesa. All other funds of the district shall be transferred to special accounts for the payment of bond principal and interest of the respective assessment districts as provided in this part. Any surplus remaining after the payment of all bonded indebtedness or after setting aside sufficient funds to pay all bonded indebtedness shall remain in the special fund for the benefit of the territory of the district from which the funds were collected, and shall be used from time to time, until expended, for capital improvements within such territory.
district dissolution Costa Mesa County Water District water consumer transfer
Section § 33245
This law section outlines the process for appointing directors to the Costa Mesa County Water District. The Irvine Heights Irrigation District, Fairview County Water District, Newport Mesa County Water District, and Costa Mesa City Council must each appoint a director within a specific timeframe. If they fail, the County of Orange's board of supervisors will do so. In case any entity fails to appoint a director, the remaining directors will fill the vacancy. These appointed directors must then organize the board, elect officers, and manage the district's affairs according to water district laws.
The boards of directors of the Newport Heights Irrigation District, the Fairview County Water District, and the Newport Mesa County Water District, and the city council of the City of Costa Mesa, shall, on or before the first day of the first month following the sixty-first day after this part becomes effective, appoint by resolution a director to serve as a director of the Costa Mesa County Water District. The four directors so appointed shall, within 60 days thereafter, appoint the fifth director. If they for any reason should fail to appoint such a director within the time allowed, the board of supervisors of the County of Orange shall appoint such director. If any of the districts or the city fail to appoint a director as herein provided, the directors who are appointed as herein provided shall consider such office vacant and make an appointment therefor. The directors so appointed shall proceed as provided in Water Code Sections 30520 and following, to organize the board, elect officers, and proceed to govern the affairs of the Costa Mesa County Water District. Any director so appointed must qualify as provided by county water district law, and the first directors shall classify themselves by lot as provided in Water Code Section 30501.
Costa Mesa County Water District director appointment vacancy filling
Section § 33246
The Costa Mesa County Water District's board of directors must, right after the district is formed, assess the value of all its assets. They need to keep the necessary operating assets for the water system and sell off any surplus operating assets. The same goes for non-operating assets which should also be sold quickly. The money made from these sales should be credited back to the original city or district that supplied those assets. The idea is to fairly balance the value of assets kept for operating the district.
The board of directors of the Costa Mesa County Water District shall, as soon as possible after the formation of the district, cause an appraisal to be made of all operating (other than pipelines, wells, reservoirs and appurtenances) and non-operating assets acquired from each district and the city. The non-operating assets shall be sold as soon as practicable and the proceeds therefrom credited to the district or city from which received. The operating assets necessary for the proper functioning of the integrated system shall be retained and all surplus operating property shall be sold and the proceeds therefrom credited to the agency from which received. It is the intention of the Legislature that the Costa Mesa County Water District equalize as much as reasonably possible the contribution of retained operating property (other than pipelines, wells, reservoirs and appurtenances) by each of the agencies.
Costa Mesa County Water District board of directors asset appraisal
Section § 33247
By January 1, 1977, the Board of Directors of the Costa Mesa County Water District must create a resolution to divide the district into five areas with similar population numbers. This is to ensure that future directors are elected from each specific area. The process for this election will follow certain established rules.
The Board of Directors of the Costa Mesa County Water District shall, by January 1, 1977, adopt a resolution dividing the Costa Mesa County Water District into five divisions as nearly equal in population as practicable for the purpose of electing directors thereafter by divisions, as provided in Article 1 (commencing at Section 30730) of Chapter 2, Part 4, Division 12 of the Water Code.
Costa Mesa County Water District board of directors division of district
Section § 33248
This law section requires districts and the city to complete the transfer of assets by signing all necessary documents.
The districts and the city shall, pursuant to this part, execute any and all documents necessary to complete the transfer of assets as herein provided.
asset transfer districts city
Section § 33249
The Board of Directors of the Costa Mesa County Water District must follow rules similar to those in Costa Mesa's Ordinance No. 122 when extending water mains. This includes covering costs and requiring areas to join Costa Mesa to receive water service. These rules apply until all funds loaned by the city for projects like mainline extensions, reservoirs, or wells are paid back to the city.
The Board of Directors of the Costa Mesa County Water District shall enforce the same or similar provisions as Ordinance No. 122 of the City of Costa Mesa, respecting extension of water mains and costs thereof and the requirement of annexation to the City of Costa Mesa for water service in the area formerly served by the city system and the contiguous area northerly and easterly thereof, until the full amount of the funds advanced or hereafter advanced by the city for mainline extension, reservoir or well purposes has been collected and refunded to the city.
Costa Mesa County Water District Ordinance No. 122 water mains extension
