Chapter 2.2 - Provisions Pertaining Only to the Lost Hills Water District

California Water Code — §§ 35520-35520.46

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Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The provisions of this chapter shall apply only to the Lost Hills Water District. The powers provided in this chapter shall be in addition to any existing powers the district may have in relation to drainage and disposal of drain water.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

A district may acquire, construct, operate, and furnish facilities for the control of waters to protect, maintain, and enhance the quality of lands within the district, including drainage, disposal of drainage water and water of deleterious quality, and conservation and beneficial use of flood, storm, and other waste waters occurring on the lands.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The board shall file a copy of the roll and report in its records and forthwith give notice of the filing of the report and assessment roll by publication at least once a week for two successive weeks in a newspaper of general circulation published in each affected county, and by mailing copies of the notice to each affected landowner, as shown on the last equalized assessment book of the district or as is otherwise known to the district, stating therein the time and place of a special meeting which shall be not less than 15 days after the completion of publication and mailing at which meeting all interested persons, including all persons owning land in the district or in the affected drainage service area, may appear and be heard concerning any matter set forth in the roll and report.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

If no objections are presented to the board with respect to a particular assessment at the time and place noticed, the secretary shall execute a certificate in which the secretary shall certify that no objections were so presented and the assessment roll and certificate shall be filed in the district records.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The board may continue the hearing on objections to assessments from time to time.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

At the hearing, the board shall hear any evidence that may be offered on the correctness of the assessment and may modify, amend, or approve the assessment in any particular and may reapportion the whole or any part of it.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

After the hearing of objections, the board shall, by resolution, approve the assessment as finally fixed or modified. A certified copy of the assessment roll as finally fixed shall be filed in the district records.

Amended by Stats. 2025, Ch. 303, Sec. 51. (AB 1512) Effective January 1, 2026.

When the secretary files the certificate as provided in Section 35520.11 or, if objections are raised, when the board approves the assessment as finally fixed as provided in Section 35520.14, the board shall call a special district election at which there shall be submitted to the electors of the district the question of whether the board shall be authorized to issue bonds secured by the benefit assessment roll. The election shall be held and conducted in the manner set forth in Section 35520.16.

To the right of or below each bond proposition on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.

Amended by Stats. 1994, Ch. 923, Sec. 253. Effective January 1, 1995.

The election required by Section 35520.15 shall be called, noticed, and held in the manner provided for bond elections by Chapter 2 (commencing with Section 35100) and Chapter 3 (commencing with Section 35150) of Part 4, except as follows:

(a)The election shall be held on any Tuesday designated by the board which is not an election day designated in Section 1000 of the Elections Code and is not a state holiday or the day before or the day after a state holiday.
(b)Notwithstanding Section 35152.6, unless the voting procedure of the district has been changed from a landowner voting district to a resident voting district pursuant to Article 3 (commencing with Section 35040) of Chapter 1 of Part 4, the qualified voters at the election shall be determined according to Article 1 (commencing with Section 35003) of Chapter 1 of Part 4.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The board may advance general funds of the district to pay all costs and expenses incurred in preparation of the plan of works and estimate of cost provided for by Section 35520.2, in the preparation of the assessment roll and report provided for by Sections 35520.7 and 35520.8, in noticing and calling the hearing required by Section 35520.10, and in calling, noticing, and holding the election provided by Section 35520.15. The advances shall be repaid to the general funds of the district with the proceeds of the call provided for in Section 35520.18 or from the proceeds of sale of the first division of bonds called for sale pursuant to Section 35520.24.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

If more than one-third of the votes cast are for “Benefit Assessment Bonds - No,” the board shall, by resolution, abandon the project, make a call upon the assessment roll, certified as provided for by Section 35520.11 or as finally fixed as provided for by Section 35520.14, sufficient to pay all costs and expenses incurred in preparation of the plan of works and estimate of cost provided for by Section 35520.2, in the preparation of the assessment roll and report provided for by Sections 35520.7 and 35520.8, in noticing and holding the hearing required by Section 35520.10, and in calling, noticing, and holding the election provided for by Section 35520.15 and, thereafter, cancel all the assessment remaining uncalled.

Amended by Stats. 2025, Ch. 303, Sec. 52. (AB 1512) Effective January 1, 2026.

If two-thirds or more of the votes are cast in favor of the bonds, the board shall transmit a certified copy of the roll to the district tax collector. The charges assessed by the roll as certified as provided for by Section 35520.11, or as finally fixed as provided for by Section 35520.14, shall, upon recordation of a notice in each affected county in the manner specified in Section 3114 of the Streets and Highways Code, constitute a lien upon the land in each county which is prior to all other liens except city, county, and special district assessments or ad valorem taxes levied or assessed by or under statutory authority. The notice recorded pursuant to this section shall expressly provide that the lien is prior to all other liens except city, county,

and special district assessments or ad valorem taxes.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

If a district determines to exercise the powers granted by this chapter, the district shall prepare and adopt a plan of works and an estimate of the amount of money necessary to be raised for the implementation of the plan of works. The estimate shall include contingencies, bond issuing expenses, provision for a reserve for bond discount not in excess of 10 percent of the total amount of the assessment, provision for a bond reserve not in excess of 15 percent of the total amount of the assessment, all expenses estimated to be incurred in complying with the procedures required by this chapter, cost of acquisition of land and rights of way, construction costs, provision for inflation, and all other costs properly chargeable to the plan.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The assessment roll as approved by the board shall be conclusive evidence before any court or body that the assessment has been made and levied according to law.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

All unpaid assessments shall bear interest at the rate of 12 percent per annum. Interest shall commence to run 30 days after the board has adopted a resolution calling for the sale of bonds secured by the assessment.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

The assessment list shall remain open for payment of any unpaid balance of the assessment thereon at the office of the district tax collector until such time as the board adopts a resolution calling for the sale of bonds secured by the assessment.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

Payments on assessments made to the district tax collector prior to the adoption of a resolution of the board calling for the sale of bonds secured by the assessment shall be transferred by the tax collector to the district treasurer and placed in the construction fund.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

Any time after the filing of the assessment roll as provided in Section 35520.19, the board may, by resolution, call for the sale of bonds secured by the assessment. The form and substance of the bonds and the sale thereof shall be governed by Sections 35520.35 and 35520.36. The total par value of bonds sold against any benefit assessment shall not exceed the total assessment less any collections against the assessment made prior to the first adoption of a resolution for sale of bonds secured by the assessment.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

Collection of assessments levied and called by the board shall be made by the district tax collector.

Added by Stats. 1983, Ch. 57, Sec. 1. Effective May 31, 1983.

Concurrently with the making of the annual estimate to be filed with the board of supervisors pursuant to Section 36552, the board shall designate and determine, by resolution, the percentage of any assessment previously levied that shall be called and collected. The interest due on unpaid assessments may be called without calling any installment of the assessment.

A certified copy of the call resolution shall be published once a week for three successive weeks in a newspaper of general circulation published in the principal county, commencing no more than 20 days following the adoption of the call resolution. The secretary, concurrently with the first publication of a certified copy of the call resolution, shall deliver certified copies thereof, one to the district assessor, one to the district tax collector, and one to the district treasurer.

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