If the board determines, by resolution, that it would be inequitable to secure all or any portion of the money necessary for any project of the district (including obligations of the district arising from contracts with local, state, or federal agencies, bureaus, or authorities for the furnishing of a water supply to the district, or the construction of works for the district, where the actual construction is undertaken and financed in the first instance by such agency, bureau, or authority, subject to later repayment in whole or in part by the district), through the levy of assessments on land or real property in accordance with the assessed value thereof, the board may levy a project assessment in the manner prescribed in this chapter.
Project AssessmentsInitiation of Proceedings
Section § 75410
This section allows a water district board to decide if it's unfair to fund a project by taxing local land based on its value. If so, they can choose a different way to charge for the project. This is especially relevant for projects managed and initially paid for by government agencies, where the district later needs to reimburse part or all of the costs.
water district board inequitable funding project assessment
Section § 75411
This law section allows a board to decide how to fund a specific project in a district. The board can charge landowners with an extra cost based on their property's value, to be paid over up to 40 years with interest up to 7%. Alternatively, the board may use general funds already collected through existing assessments. This decision must be stated clearly in a resolution and will not involve voter approval.
The resolution of the board shall also designate that portion of the cost of the project, if any, that the board determines can be secured equitably by means of an assessment on all lands in the district, or if so determined by the board, on all real property within the district, in accordance with the assessed value of the land (or real property) as it appears on the county assessment roll, payable in not to exceed 40 annual installments at an annual rate not to exceed 7 percent.
In lieu of securing such portion of the cost through a separate assessment levied on the land (or real property), the board may elect to pay such portion of the cost from funds secured for general purposes by assessments levied on all of the land within the district pursuant to the provisions of Chapters 1 (commencing with Section 75350) and 2 (commencing with Section 75370) of this part and subject to the limitations contained therein. If the board so elects, it shall so state in the resolution and the amount of money so paid shall not be considered by the electors in the election provided in this chapter.
district project funding property assessment board resolution
Section § 75412
Once the board has approved a project, they must prepare detailed plans and cost estimates. They also need to figure out how much each tract of land in the district should pay based on the benefits they will receive from the project or any repayment obligations under a contract.
After the adoption of the resolution, the board shall cause to be prepared any necessary plans and specifications of the project, and estimates of the repayment obligations of the district, together with an assessment of the amount of the cost, or portion thereof as determined by the board, apportioned to the various tracts of land in the district according to the benefits that will accrue to each such tract by reason of the expenditures of the money for the project, or for the repayment obligations of a contract.
project plans cost estimates repayment obligations
Section § 75413
This law section explains that the assessment, which is likely a fee or charge, can be paid over a period of up to 40 years. During this time, the interest rate applied to the unpaid balance cannot exceed 7% per year.
The assessment shall be payable in not to exceed 40 annual installments, with interest at an annual rate not to exceed 7 percent.
assessment payment terms annual installments interest rate cap
Section § 75414
This section establishes that a board of commissioners is responsible for determining and distributing the assessment, which is likely a financial evaluation or levy, for certain unspecified purposes.
The board constitutes a board of commissioners to levy and apportion the assessment.
board of commissioners levy apportionment
Section § 75415
This section states that certain documents related to a proposed assessment, such as the resolution, plans, specifications, and estimate, must be filed at the district office. These documents should be available for public inspection, meaning anyone interested can look at them.
The resolution, plans, specifications, estimate, and proposed assessment shall be filed in the district office and shall be subject to public inspection.
public inspection district office proposed assessment
