Section § 56070

Explanation

This California water district law states that once an engineer's report is approved and adopted, but before precise plans are made, the district board can propose to the district's voters the idea of taking on debt (through bonds) to raise funds for acquiring property or completing projects outlined in the report. To do this, the board must call a special election by passing a resolution.

After the approval and adoption of an engineer’s report and before ordering the engineer to prepare precise plans and specifications as provided in Chapter 5, the district board may submit to the voters of the district the proposition of incurring a bonded indebtedness to obtain funds with which to acquire the property and to do the work in whole or in part set forth in the report. For that purpose a special election shall be called by resolution.

Section § 56071

Explanation

This law section explains what needs to be included in a resolution when a district wants to incur debt by issuing bonds. It must outline why the debt is needed, refer to a report for specifics, and state the bond amount which cannot exceed 15% of the district's taxable property value. The resolution also needs to mention how long the bonds will last, the interest rate, and details about the election, including its date, polling places, and officials.

The resolution shall state all of the following:
(a)CA Water Code § 56071(a) The general objects and purposes for which it is proposed to incur an indebtedness.
(b)CA Water Code § 56071(b) A reference to the report filed with the district board for particulars.
(c)CA Water Code § 56071(c) The amount of the bonds proposed to be issued; provided, that the district shall not incur any indebtedness which exceeds fifteen percent (15%) of the assessed value of all taxable real property in the district.
(d)CA Water Code § 56071(d) The number of years not to exceed which the whole of the bonds are to run.
(e)CA Water Code § 56071(e) The rate of interest or a maximum rate of interest to be paid, which rate shall not be more than the rate specified in this chapter, payable at the time specified in this chapter.
(f)CA Water Code § 56071(f) The date of the election.
(g)CA Water Code § 56071(g) The election precincts, polling places, and election officers.

Section § 56072

Explanation

This law allows a district board to combine several voting precincts, which are set up for general elections, into a single precinct specifically for a bond election. They can do this by referencing the general election precincts when describing the new precinct.

For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and describe the precinct by reference to the general election precincts.

Section § 56073

Explanation
Each voting precinct must have an election board made up of three officials: an inspector, a judge, and a clerk, all appointed by the district board.
An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct.

Section § 56074

Explanation

If you want to vote in a bond election for a district, you must be registered as a voter in that district.

Only voters registered in the district are eligible to vote at the bond election.

Section § 56075

Explanation

This law requires that when an election is called, the announcement must be published in a widely-read newspaper chosen by the district board. According to another section of the law, Section 6063, this publication method is the only notification needed for the election.

The resolution calling the election shall be published pursuant to Section 6063 of the Government Code in a newspaper having a general circulation in the district and designated by the district board. No other notice of the election need be given.

Section § 56076

Explanation

If at least two-thirds of the voters approve, the district can issue and sell bonds for the amount specified in the election resolution.

If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution calling the election shall be issued and sold.

Section § 56077

Explanation

Once bonds are issued, their legality can only be challenged in court for two reasons: if the rules allowing for their issuance are unconstitutional; or if there was a legal issue with how the district was formed, such as an improperly held hearing or lack of proper notification.

The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing their issuance are unconstitutional, or that the required hearing regarding the formation of the district was not legally held or proper notice of it was not given.

Section § 56078

Explanation

This law allows the district board to decide the details of bonds, like their form and where they are payable, through a formal decision called a resolution. The bonds can last up to 40 years and will continue to earn interest until fully paid off.

The board can split any bond issue into multiple parts, called series, with each part having different payoff dates. However, all bonds or series must be paid off completely within 40 years from their issuance date.

The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be fixed by the board, and designated in the bonds, together with interest on all sums unpaid on that date until the whole of the indebtedness has been paid. The term of bonds issued shall not exceed 40 years.
The district board may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The term of bonds of each issue or series shall not exceed 40 years from the date of the bonds.

Section § 56079

Explanation

This law specifies that the district board decides the value of bonds, which must be between $100 and $1,000. The bonds will be paid back on a specified date and place with an interest rate not exceeding 8% per year. After the first year, this interest is paid every six months.

The bonds shall be issued in such denominations as the district board determines, except that no bonds shall be of a denomination less than one hundred dollars ($100) or greater than one thousand dollars ($1,000). They shall be payable on the day and at the place fixed in the bonds, and with interest at the rate specified in the bonds, which rate shall not be in excess of 8 percent per annum, and shall, after the first year, be payable semiannually.

Section § 56080

Explanation

This law specifies that bonds must be signed by the chairman of the district board and the district's auditor, with the district's seal on them. The interest coupons attached to the bonds are to be numbered and signed by the auditor. These signatures can be mechanically produced except one signature on the bonds must be done by hand. The district's auditor is the county auditor where the district is located.

The bonds shall be signed by the chairman of the district board, and countersigned by the auditor of the district, and the seal of the district board shall be affixed. The interest coupons of the bonds shall be numbered consecutively and signed by the auditor of the district. All such signatures and countersignatures may be printed, lithographed, engraved, or otherwise mechanically reproduced, except that one of said signatures or countersignatures to said bonds shall be manually affixed. The auditor of the district under this section shall be the county auditor of the county in which the district is formed.

Section § 56081

Explanation

This law states that if an officer's signature is on a bond and they leave their position before the bond is delivered to the buyer, the signature is still valid as if the officer had stayed in their role until the bond was delivered.

If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature shall be as valid as if he had remained in office until the delivery of the bonds.

Section § 56082

Explanation

This law section explains how a board can issue and sell bonds of a district. Bonds must be sold at or above their face value, and the money earned goes into the county treasury. Before the sale, a public notice must be given at least 10 days in advance, inviting sealed bids. If suitable bids are received, the bonds are sold to the highest responsible bidder. If no acceptable bids are made, the board can reject all bids and either try again with a new advertisement or sell the bonds privately.

Any extra money from selling the bonds, like premiums and interest, should go into a fund for paying off the bond's principal and interest. Remaining proceeds go into a district construction fund, and all transactions should be recorded in the treasurer's books.

The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. Before selling the bonds, or any part thereof, the legislative body shall give notice not less than 10 days prior to the date of sale by publication pursuant to Section 6061 of the Government Code in a newspaper of general circulation circulating in the district inviting sealed bids in such manner as the legislative body shall 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.
All premiums and accrued interest received shall be paid into the fund to be used for the payment of principal and interest on the bonds and the remainder of the proceeds of the sale shall be paid into the construction fund of the district, and proper records of the transactions shall be placed upon the books of the treasurer.

Section § 56083

Explanation

Funds designated for construction must be used only for the specific purposes outlined when the bond election was called. Payments from these funds must be handled in the same way as county fund payments, requiring approval and auditing by the district board.

The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election.
Payments from the construction fund shall be made upon the demands allowed by the district board, and prepared, presented and audited in the same manner as demands upon the funds of the county.

Section § 56084

Explanation

Once the goals outlined in the bond election resolution are achieved, any leftover money from the construction fund must be moved to a fund dedicated to paying off the bond's principal and interest.

When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund shall be transferred to the fund to be used for the payment of principal and interest on the bonds.

Section § 56085

Explanation

If a vote to issue bonds fails because it doesn't get enough support, the district board has to wait six months before trying again. After that time, they can organize another election to propose the same idea or something else for the district.

If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of six months after that election, call or order another bond election, either for the same objects and purposes, or for any other object or purpose of the district.

Section § 56086

Explanation

If a district has already issued bonds and used up the proceeds, the district board can decide, with a four-fifths majority vote, that it needs to issue more bonds to support the district's projects. They have to make a report and ask the voters to approve the new bonds, following the same process as the original bond issue. All rules about issuing, selling, and spending bond proceeds apply to these additional bonds, just like the first time.

If bonds have been issued by the district and the proceeds of the sale have been expended, and the district board by resolution passed by a vote of four-fifths of all its members determines that the public interest or necessity of the district demands the issuance of additional bonds for carrying out any of the objects of the district, the district board may again have a report made, and submit to the voters the question of issuing additional bonds in the same manner as for a first issue. All the provisions of this chapter for the issuance and sale of bonds, and for the expenditure of the proceeds, apply to the issuance of additional bonds.

Section § 56087

Explanation

This section states that bonds and their interest will be paid through an annual property tax on all real estate within the district. The real estate in the district will continue to be subject to these taxes until the bonds are paid off. Additionally, the bonds and their interest will not be taxed in this state.

Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the district shall be and remain liable to be taxed for such payments. Said bonds and the interest thereon shall not be taxable in this State.

Section § 56088

Explanation

This law section explains how bonds can be issued by a district once voters have approved them. It states that no debt is considered contracted until the bonds are sold and delivered, and only up to the amount of those sold. Additionally, the district's board of directors can choose to split the total amount of authorized bonds into multiple parts, with each part having different dates for payment. These divisions or series can have separate payment schedules from each other.

(1)CA Water Code § 56088(1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal submitted to and approved by the electors 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 so sold and delivered.
(2)CA Water Code § 56088(2) The board of directors of any district issuing any bonds heretofore or hereafter authorized may, in its discretion, divide the aggregate principal amount of such 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 such time or times as may be fixed by the legislative body of the district separate and distinct from the time or times of payment of bonds of any other division or series of the same issue.

Section § 56089

Explanation

This law section allows bonds to have a payment date that comes after the due date for collecting the second installment of district taxes. When this happens, the first interest payments (or coupons) will cover interest from the bond issue date to when the interest is due.

Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first levy of taxes for the payment of the principal and interest of said bonds is to be collected. In such event, the first interest coupons shall be for interest from the date of said bonds of such issue or series or division to the maturity date of said coupons.

Section § 56090

Explanation

If voters approve the issuance of bonds in an election, the board can start a special legal process in the county's superior court to confirm their right to issue these bonds and check if they're legally valid. This process is similar to what's done for irrigation bonds under existing Irrigation District Law. The resulting court decision holds the same weight as it would for irrigation bonds.

If the result of any election upon the question of the issuance of bonds is in favor of issuance, the board may, in its discretion, 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 proceeding in relation to irrigation bonds, provided for by the “Irrigation District Law,” 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 act.