HomeMy WebLinkAbout6 Broadband Issues Agenda Item # t0
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Memorandum
To: Board of Directors
From: Alan Harry, Director of Telecommunications Services
Date: December 25, 2002
Subject: Consideration of Broadband Issues; Approval of Master Services Element
Summary
Attached for Board review and action is the District's Master Services Element for Broadband
Telecommunications Services. This document, prepared by staff and Sauers Engineering, requires District
Board approval before being submitted to Nevada County LAFCo as one to the three conditions placed on
the District to be met prior to the provision of Broadband Services.
History
Truckee Donner Public Utility District received Conditional Approval from Nevada County LAFCo to provide
Broadband Services on January 18, 2001. At that time the Commission approved it's Resolution 01-01
specifying those conditions the District must meet prior to receiving a Certificate of Compliance to provide
Broadband Services within the District's service area. One of these conditions was that the District prepare
a Master Services Element for the provision of Broadband Telecommunications Services.
New Information
Staff and Sauers Engineering have prepared the Master Services Element for Broadband
Telecommunications Services, attached, for submission to Nevada County LAFCo. This MSE, like those
for the District's Electric and Water business units, provides an overview of what services will be provided
by the District's Broadband business unit, and how these services will reach District customers.
The MSE has as its basis the Broadband Proforma approved by the Board in late November of this year.
Recommendation
It is staff's recommendation that the Board approve the Master Services Element for Broadband Services,
and direct Telecommunications Director Alan Harry to submit same to Nevada County LAFCo for review
and approval.
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TRUCKEE DONNER
PUBLIC UTILITY DISTRICT
MASTER SERVICES ELEMENT
FOR
BROADBAND TELECOMMUNICATIONS
SERVICES
NEVADA COUNTY
LOCAL AGENCY FORMATION COMMISSION
December, 2002
Prepared by:
Sauers Engineering, Inc.
TABLE OF CONTENTS
I. INTRODUCTION ......................................................................................................................I
A. General Project Overview ............................................................................................I
B. District's Sphere of Influence .......................................................................................2
II. SPECIFIC ELEMENT REQUIREMENTS ..............................................................................2
A. Existing and Proposed Facilities ..................................................................................2
Passive Optical Network(PON)..............................................................................2
Network Operations Center(NOC).........................................................................4
B. Services To Be Provided ..............................................................................................4
DataTransfer Service .............................................................................................5
CableTV Service ...................................................................................................6
LocalTelephone Service ........................................................................................6
C. Present Service Level Capacity ....................................................................................6
D. Anticipated Service Level ............................................................................................6
E. Actions, Improvements, and Construction ...................................................................7
Actions ...................................................................................................................7
Improvements .........................................................................................................8
Construction ......................................................................................................
F. Projected Revenue and Expense ...................................................................................8
G. Cost of Services ...........................................................................................................9
H. District Enabling Legislation ......................................................................................10
FIGURES
1-I Broadband Telecommunications Unit Sphere of Influence .........................................3
APPENDICES
A. Projected Revenue and Expenditures...........................................................................I I
B. District Enabling Legislation........................................................................................12
1. INTRODUCTION
The Truckee Donner Public Utility District(the "District") intends to provide broadband
telecommunications services to customers within its existing service area and, as development
continues around the Truckee community, to future customers within its sphere of influence.
This Master Services Element will provide descriptions of the services to be provided, the
infrastructure improvements and facilities necessary to provide the services, and projections of
the costs and revenues generated by the provision of the new telecommunications services.
Projections will be made at the 1, 5, and 10 year planning intervals. All projections will be
consistent with the District's existing sphere of influence. Projections for time periods greater
than 10 years in the future were not available at the time this document was prepared. This
report is intended to satisfy the requirement of the Nevada County Local Agency Formation
Commission ("LAFCo") for subnvttanee of a Master Services Element that demonstrates the
District's ability to provide adequate and efficient broadband telecommunications services within
its sphere.
A. General Project Overview
The District intends to construct and operate a Passive Optical Network(PON), consisting
primarily of fiber optic cable and passive optical splatters in order to provide broadband
telecommunications services for the District's existing water and electric facilities and for
residential, commercial, and public agency customers. Generally speaking, the District will
provide three types of broadband telecommunication services. These services are as follows:
➢ Voice (ie. telephone service)
➢ Video (ie. cable television service)
Data (ie. high speed intemet access and ethernet connectivity)
The District has considered several different business models, of which include being the direct
service provider,partnering with another provider, and/or simply leasing bandwidth to an
independent provider. The District has decided that it is in its best interest to partner with an
already established provider for the particular service to be offered.
The result of adopting such a business model is that the District will be entitled to a portion of
the revenue share, typically around 20% of the gross revenue. There are numerous advantages to
this arrangement. The entire broadband telecommunications system will entail much more than
just constructing and operating the PON. There will also be a Network Operation Center(NOC)
to house the headend equipment used for creating and processing signals. In addition, there will
be various equipment installed in the customer's homes and businesses. One such example
would be the TV set top boxes that permit cable television subscribers to order pay per view
programs. Through a partnership, the District would accept responsibility for the maintenance
and operation of the PON, while the District's partner would assume all the costs associated with
building and operating the NOC. The partner would also own or rent the equipment located in
the customer's home and would be responsible for all programming costs and sale of advertising.
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Customer service related issues would be shared by the District and its partner. Although the
provision of services will be made through a partnership, all three services will be branded with
the Truckee Donner Public Utility District's name. The name and logo to be marketed to the
public are currently in the process of being developed.
B. District's Sphere of Influence
In 1998, the District completed an update of its "Sphere of Influence Report." The Sphere of
Influence Report was based on the District providing water and electric services. The report
describes the District's existing service area boundary along with projected spheres of influence
in five year planning periods over twenty years.
The telecommunications services to be provided by the District as described in this Master
Services Element are consistent with the District's existing sphere of influence as approved by
Nevada LAFCo. Figure I-1, found on the following page, depicts the proposed broadband
telecommunications service area, which is identical to the District's existing electric service
territory. Expansion of telecommunications services into outside sphere areas will occur as
development occurs and in a similar fashion to the expansion of water and electric facilities
described in the Sphere of Influence Report.
2. SPECIFIC ELEMENT REQUIREMENTS
A. Existing and Proposed Facilities
Construction of the Passive Optical Network will be similar in nature to the construction of other
wire utilities such as electricity and telephony. The fiber optic lines will consist of non-
conductive self supporting cables that will be mounted on existing electric poles. The cable will
be installed in parallel with the existing electricity fines. The majority of cable installation will
be done in this fashion, where there does not already exist overhead utilities, the fiber optic
cables will be buried in underground conduits. Customer service connections will also be similar
to other utility connections with fiber optic cable being connected directly to a termination box
located at the customer's point of service. The passive nature of PON's and the exclusive use of
fiber optic cable, as opposed to a hybrid system with coaxial cable, will minimize the use of
electronic equipment. In a PON system, active electronic components are only required at the
endpoints of the network, namely the Network Operations Center and the customer's point of
service.
Passive Optical Network
The District has selected a PON that involves extending tihcr-to-die-home 0`1711) instead
deploying a hybrid fiber/coax type of system architecture for numerous reasons. The PON and
PITH are relatively simple, reliable, and have low operating costs in comparison to their
counterpart technology, the hybrid fiber/coax system (HhC). Another sioilicant advantage is that
the PON oilers dramatically greater bandwidth than digital service lines (DSL) or HFC. The
greater bandwidth will allow the District the flexibility to provide a"bundle" of services while
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having additional bandwidth available for expansion and/or for leasing to competing providers.
The District is expecting that(lie bandwidth made available through the PON will not reach
capacity for at least 20 years; whereas, the use of IFC could require upgrading in the near future.
Passive Optical Networks use hair-thin filaments of transparent glass or plastic to allow the passage
of light pulses that transmit voice, video, and data signals. In the case of television signals, satellite
transmissions are collected at the NOC through the headend equipment and then relayed through
the PON to the subscribing customers. The non-conductive nature of'die fiber optic cables will
enable die District to pull the new cable, near overhead conductors and through energized conduits
all the way to the point of service.
The Passive Optical Network will stretch approximately 152.2 miles. hnitially the network will be
utilized to complement the District's existing Supervisory Control and Data Acquisition System
(SCADA) that connects electric substations, water pumping stations, and other District facilities.
The District's Broadband Business l-nit has estimated that a capital expenditure of approximately
$10 million will be required to instill the PON and the associated components.
Within the first year of the project, broadband service should be available to all of the District's
current customers. This would translate to approximately 10,290 households and roughly 1,710
businesses for a total 12,000 potential subscribers. By the tenth year the total number of potential
subscribers is expected to increase to a total of 18,616,
Network Operations Center
As previously stated, the District's partner(s) will be responsible for the installation, operation,
and maintenance of the headend equipment associated with the particular service(ie. cable
television, telephone, or internet service). The District will contribute the physical space needed
for the Nework Operations Center. The NOC, or headend, will house all [lie electronics
responsible for receiving signals from the channels and for combining them and modulating diem
into a form that can be transmitted over fiber. The lacility/roots will be in the range of 1,200-
1,500 square feet with most of the floor space being occupied by racks of elcctrotuc equipment.
One significant cost of providing the NOC will be the need to install a substantial air conditioning
system to offset the heat generated from all of the electronics. The NOC will be centrally located
at the District's headquarters oft of*Donner Pass Road in"Truckee.
B. Services To Be Provided
The District, in partnership with other providers, will offer three classes of telecommunications
services: voice, video, and data transfer. All of the aforementioned scrviccs are classified and will
be marketed as being"digital".
As mentioned, one of the advantages of a PON with a FJ-111 architecture is that a variety of'
services can be delivered though a single fiber. The District plans on marketing all three scr7rices
together as a"bundled" package. The intent is to convince customers to that there are several
advantages to subscribe to all three services as it package. Some of the benelits will be that the
installation is simpler, the quality of service will be as equal or better to what is currently locally
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available, billing can be done on onee invoice, and customer service representatives can respond to
all of a subscriber's concerns, from electricity and water to telecommunications. The "bundle" of
services, as well as each individual service, will be marketcd under the District's branded name.
Preliminaty estimates assume that approximately 90% of customers will be subscribing to a
"bundled" service package. The remaining 10%will subscribe to services on an "a-la-carte" basis.
Data Transfer Service
1. Internet Access Service
High speed internet access be provided in conjunction with the District's partner. The
internet provider(IP) will build the beadend at its own cost and will subsequently own
and operate its portion of the NOC. The IP will also purchase its own programming and
will be in charge of selling local advertising. Connection to the worldwide web will be
in the form of a fiber link to a Point of Presence, or POP. Projections for data
transmission rates are not available at this time.
Following the first year of service the District will open up its platform to other interact
service providers (ISPs). These ISPs will have the option to lease bandwidth from the
District. This will permit some customers to continue using their existing ISP. These
ISPs will still be responsible to address any service issues their customers may have and
to take care of day-to-day operations of their system. The revenue projections presented
in this document do not reflect any revenue that may be generated through the leasing of
unused bandwidth.
b. Business to Business Ethernet Connectivity
The District has identified several businesses that may be interested in ethernet
connections. An ethernet is essentially a local area network that is used for connecting
computers,printers, workstations, terminals, servers, etc. within the same building or
within a campus. Some candidates for this type of service include, schools,hospitals,
government offices, or large companies that are located in a business complex
encompassing several buildings. Installation of such a system would be billed on a case-
by-case basis to the client. Revenue estimates included in this Master Services Element
do not include potential ethernet connections.
C. Supervisory Control and Data Acquisition(SCADA)
Although this isn't a service, the provision of broadband telecommunications services
within the District will greatly enhance the utility of the District's current SCADA
system. SCADA systems are used by most water and electric utilities as tools to help
manage the system efficiently. The subsequent improvement to the operation of the water
and electric systems will save the District an estimated $140,000 annually starting after
the first year. Data transfer services would be made available to other customers with
similar needs involving data communication between remote sites within the service area.
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Cable TV Service
Cable television will also be provided through a partnership arrangement. The number of
channels to be offered to customers remains to be determined; however, customers will be able to
choose between a basic service, a premium service, or any combination of premium channels
added on to their basic channel lineup. As part of the cable TV service provision the District will
offer subscribers access to pay-per-view programming and video on demand.
Local'I'elcnhonc Service
The provision of local telephone service will be accomplished by tearing up with another
telephone company which is a licenscd competitive local exchange carrier in die State of
California. Due to die legal intricacies involved in operating a telephone s}°stem (e.g. Emergency
911) the competitive local exchange carrier would be responsible for all the operational and service
issues, while the District would provide the fiber optic cable bandwidth. It should be clarified that
the service to be provided only pertains to local calling. All long distance telephone service will
continue to be oficred by the carrier which was chosen by the customer.
C. Present Service Level Capacity
The broadband telecommunications services being proposed by the District are not currently
available within the District's service area nor are they being provided by any other overlapping
service provider. The facilities needed to provide the telecommunication services are also non-
existent. Although some communication services are available such as telephone, cable TV, and
traditional internet access through phone lines, the level of service of these systems does not
compare with that of the broadband network proposed by the District. The broadband
telecommunications service addressed in this Master Services Element is considered a new
service to the District's service area.
D. Anticipated Service Level
It is anticipated that all of the telecommunication services offered by the District will be available
to customers throughout the District's service area within 10 months of a decision by the District
to proceed. This will likely result in telecommunications services being available to all existing
residences and businesses within the District's service area between the years 2003 and 2004. As
the construction progresses and systems become operational, subscribers will be added so that
the District may begin to generate revenue prior to finalizing construction.
Upon final completion of the passive optical network, the telecommunication system will be
comparable to the District's water and electric systems in that it will be available to all existing
customers within the current service area. Expansion of telecommunications service into the
District's spheres of influence will occur as development continues around the Truckee
community following the same patterns described in the Sphere of Influence Report for water
and for electric service. However, unlike water and electric service where it is expected that
virtually every residence and business will connect, it is not anticipated that every potential
customer will desire telecommunications services. The District has made projections of the
number of customers that will utilize each of the services based on the total number of homes
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passed by the network and the penetration rate, or anticipated percentage of homes utilizing the
services.
Table 1
PROJECTED CUSTOMERS'
Year 1 Year 5 Year 10
Total homes passed by PON 10,290 12,508 15,963
Total businesses passed by PON 1,710 2,079 2,653
Total potential subscribers 12,000 14,586 18,616
Cable TV penetration rate 23.7% 35.7% 31.4%
Cable TV customers 2,437 4,461 5,018
Internet penetration rate 10.8% 17.6% 15.5%
Internet customers 1,112 2,195 2,469
Telephone penetration rate 0% 22.3% 22.3%
Telephone customers 0 3,248 4,146
"Bundled" service penetration rate 23.8% 35.7% 31.4%
"Bundled" service customers 2,452 4,462 5,019
Note: 1.These estimates are based on"end of the year"projections.
2. "Bundled"service customers refers to those households subscribing to all three
services(i.e. cable television,telephone, internet)
E. Actions, Improvements, and Construction
Actions
There will be additional actions required by the District prior to implementation of the
telecommunications service project. First and foremost, the District must make the
determination to move ahead with the telecommunications services plan. If the District
determines that it is in the best interest of its customers to provide the proposed
telecommunications services, the District, through its Board of Directors, will take action to
approve the plan. Following approval of the plan, the District will take a number of other actions
leading up to implementation of the project. These actions include authorization for financing
the construction of the network, approval of network design, authorization of construction
contracts, and authorization of service agreements with service providers for internet, cable
television, and telephone services.
Improvements
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None of the improvements needed to provide the telecommunications services are currently in
existence. All of the infrastructure including fiber optic cable,passive optical splitters, and
electronic equipment needed to create the broadband network will have to be installed in order to
provide the proposed Level of services.
Construction
In order to provide the proposed broadband telecommunications services, the District will have
to construct the passive optical network (PON) and prepare a space for the installation of the
network operations center(NOC)_ Construction of the passive optical network will involve
installing fiber optic cable along existing poles or in buried conduits depending on the type of
electric service (overhead or underground) that is already existing in a particular area. The
preparation of the physical space required for the NOC will primarily involve installation of an
air conditioning unit and doing some minor renovations to the room. The NOC will be located
within the District's existing office on Donner Pass Road in Truckee.
The majority of the construction will focus on the approximately 152 miles of fiber optic cable
that will be hung on existing poles or pulled through existing underground conduits. The District
does not foresee there being significant costs associated with readying and preparing the poles to
accept the fiber optic cable. Due to the fact that the cable is non-conductive and self supporting,
most of the cable will be able to be installed in parallel to the electrical lines and oftentimes
utilizing the same support brackets. The District has budgeted $10 million for the construction
and installation costs.
F. Projected Revenue and Expenses
The revenue and expense projections presented in this document are based on a projected launch
date for the TDPUD Broadband Business Unit of the 2"`' or 3`d quarter of 2003. The District
plans to finance the project through a$10 million dollar loan to be paid over 12 years with an
interest rate of 7.0%. The primary revenue generating pathways will be through residential and
business subscriptions for cable TV, telephone, and internet service. The projections do not
include revenue that could be generated from"point to point" services such as ethernet
connections or from leasing of"dark fiber" (unused bandwidth).
The District has prepared revenue and expense projections for a ten year period. The projections
indicate that operating expenses will exceed operating income the first year. In all subsequent
years the operating income will exceed the operating expenses; however, the District will not
have positive net income (on an accrual basis) until the second year. According to the
projections, in the second year of operation the District will be taking in more money than it pays
out. The payback time for the total investment,including principle and interest payments on the
$10 million loan, will occur sometime between the 8"' and the 91h years of operation. Table 2,
found on the following page, summarizes the total revenue, total expenses, operating income, net
income, and the running cash flow. A more detailed breakdown of the revenue and expense
projections is included in Appendix A.
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Table 2
REVENUE AND EXPENSE PROJECTIONS
Year I Year 5 Year 10
Total Revenue $1,307,526 $2,985,224 S3,362,994
Total Expenses $1,861,052 S2,800,465 $3,000,052
Operating Income S(528,526) $ 384,758 $ 362,942
Net Income (accrual basis) S(224,314) $ 735,806 S 1,395,350
G. Cost of Services
The District has estimated the cost of services for a ten year period. Because telecommunications
services are not considered essential services such as water and electric services, costs will only
be incurred by consumers who choose to take advantage of the services provided. Residences
and businesses may choose to utilize some or all of the services offered and will be billed only
for the services provided.
The District has assumed that 90% of their residential customers will subscribe to a"bundled"
service package which would include all three of the services previously mentioned. The
remaining 10% of residential customers would subscribe to just one or two of the District's
services. Table 3. reveals the anticipated subscription rates for each service and for the
"bundled"package. Airing on the conservative side, the District has assumed that subscription
rates will remain constant over the first 10 years.
Table 3
SUBSCRIPTION RATES
SERVICE Rate TDPUD Revenue
per Subscription
Internet Service $49.95/mo. $9.99/mo.
Cable TV Service $38.95/mo.' $7.79/mo.
Pay-Per-View $2.68/movie 2 $0.54/movie
Telephone Service $25.00/mo 3 $n/a 4
"Bundled" Service Package $94.56/mo.5 $18.91/mo.
Business Internet Service $249.50/mo.5 S49.90/mo.
Notes: 1. The monthly subscription rate for cable TV is a broad average that takes into account
basic and premium cable customers.
2.The pay-per-view rate is an average cost per movie.
3.The rate for telephone service does not include long distance service and reflects
a monthly average.
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4.The TDPU'D revenue from telephone subscribers is based on the details of the
partnership being established with the local competitive exchange carrier. Preliminary
estimates indicate that the District can expect revenue from$12.04 to$14.68 per subscription.
5. The sum of the individual monthly subscription rates is greater than the monthly rate for the
"bundled"service package because a discount will be given to customers subscribe to all
three services.
H. District Enabling Legislation
The enabling legislation for the District is the California Public Utility Code, Division 7 - Public
Utility District Act. Of particular pertinence to this Master Services Element is Chapter 4,
Powers and Functions of Districts, Article 3, Utility Works and Services, Section 16462,
Acquisition, construction, and operation of utility works and services which states the following:
"A district may acquire, construct, own, operate, control, or use,
within or without or partly within and partly without the district,
works for supplying its inhabitants with light, water, power,heat,
transportation, telephone service, or other means of
communication, or means for the disposition of garbage, sewage,
or refuse matter, and may do all things necessary or convenient to
the full exercise of the powers granted in this article."
*emphasis added by author
Appendix B includes a copy of Articles 1, 2, and 3 in their entirety.
I1
Appendix A
Projected Revenue and Expenditures
12
Appendix A.
PROJECTED REVENUE AND EXPENDITURES
REVENUE
Service Program Year 2002 2007 2012
Advertising $8,828 $16,062 $18,068
Business Installation Fees 14,865 1,329 -761
Cable Installation 81,026 89,234 100,379
Cable Television:Basic and Digital Packages 556,496 1,012,499 1,138,959
Cable Television:Premium Package 129,318 236,728 266,295
Cable Television: Pay-Per-View 15,271 27,784 31,254
Equipment Rental:Cable Television Settop Box 6,592 11,993 13,491
Hosting, Email,and Ancillary Services 5,871 10,681 12,015
ISP: Business 118,824 239,106 295,980
ISP: High Speed Residential and Small Business 133,289 263,169 296,039
Late Fees and NOC Rental Fees to I Provider 71,471 377,458 424,603
PEG Revenue(Hospital,Schools,and Government) 5,219 18,420 18,420
SCADA(savings to District's Electric and Water Units) 94,537 140,000 140,000
Security and SCADA(AMR)Monitoring 108,731 371,622 418,038
Telephony 0 199,292 224,183
In-Lieu-of-Franchise Fees 39,106 68,312 76,844
Gross Income 1,350,388 3.015,377 3,396,964
Less Bad Debt and Collections Pilot Program 42,812 30,154 33,970
Total Income $1,307,526 $2,985,224 $3,362,994
EXPENDITURES
Expense Program Year 2002 2007 2012
Access to WWW $78,000 $144,000 $144,000
Capital Expenditures/Installation Costs
Amoritized over 10 years 919,517 1,058,737 1,236,747
General and Administrative
Auto mileage program for employees 18,959 27,758 44,705
Employee benefits(all) 131,250 176,530 204,647
Freight and postage 3,792 4,436 5,397
Insurance:liability,WC,fire 18,000 26,354 42,443
Legal&accounting 35,004 42,548 54,303
Management&administrative personnel 226,500 297,987 345,448
Miscellaneous 22,751 27,654 35,294
Office supply 7,584 9,218 11,765
Phone,cell phone,long distance 18,959 15,442 11,949
Professional&outside services 147,000 11,500 11,505
Tax, licenses, permits 11,375 11,375 11,375
Travel&entertainment 15,167 19,881 27,884
In-Lieu-of-Franchise Fees 39,106 68,312 76,844
ISP:Back Office 0 395,149 444,503
ISP:Equipment Share 0 87,723 98,680
Operations
Plant Maintenance(techs) 36,000 55,073 63,846
Facility Rental 18,000 18,000 18,000
Transportation Overhead 40,118 49,788 57,718
Utilities(elec,water,tel) 18,000 18,000 18,000
Sales and Marketing 30,970 35,000 35,000
Operating Expenses 1,836,052 2,600,465 3,000,053
Repayment of Startup Costs 25,000 200,000 0
Total Expenses $1,861,052 $2,800,465 $3,000,053
Operating Income ($553,526) $184,759 $362,941
Add-back of non-cash items(Depreciation+Amoritization) $919,516 $1,058,736 $1,236,748
Subtract and Interest Payments ($590,304) ($507,689) ($204,339)
Net Income(accrual basis) ($224,314) $735,806 $1,395,350
Appendix B
District Enabling Legislation
13
DISTRICT POWERS, FUNCTIONS § 16404
Crae Refereocm:
Powers and functions of municipal utility disuien:Pub Unit C§§ 12701 in seq.
taw governing contracts by public utility districts: Pub Con C§§20202.1 a seq.
N
Canaveral References: C
Cal Jur 3d Public Utilities §§ 133 et seq. A
to
§ 16401. Perpetual succession In
CHAPTER 4 A district has perpetual succession. z�z
Added Seats 1953 eh 72 §2. III
and Functions of Districts Historical Dedradow State 1921 ch 560§30 tat par p 918, as amended by Stars 1933 ch 999 ZI
§4 p 2562;Stan 1941 ch 1079§ 1 p 2773. Z
Article Codauril Reference: 'n
I. Corporate Powers. § 16401 Cal Jur 3d Public Unhucs § 133,
2. Property. § 16431
1. Utility Works and Services. § 16461 § 16402. Actions
4. Repairs and Other Work. [Repealed] ' N Except as otherwise provided, a district may sue and be sued in all m
5, Purchase of ess and Fusancing. § J6571 Supplies and Advertising. § 16531
6 lortchtcdncs actions and proceedings, in all courts and tribunals of competent N
. m
7. Receipts, Accounts, and Audits. § 16601 jurisdiction.
8. Taxation. § 16641 Added Stars 1953 ch 72 §I Ul
01
9. Payment of Claims Against Districts. § 16681 Hlstcrics! Deri,adon:Stan 1921 ch 560§30 2d par p 918, as amended by Stan 1933 ch 999 W
Coaanvat References:
§4 p 2562,Sum 1941 ch 1079§ I p 2773. wp
Cal Isar 3d Public Untin s §§ 133 ct seq. Nore—See Rezommendarion and Study by California taw Revision Commission,
Rules isf practice and procedure of Pubhe Utilities Commission: 20 Cal Cade Reg dated January 1963, relating m sovereign immunity.
§§ 1 a seq. codaurid RUereun:
Cal Digest of official Reports 3d Sena, Public Utilities §4. i Cal Jur 3d Public Utilities 1133.
Am Jur 2d Public UtiGhn §234. I
Fonns I
Am Jsu § 16403. Seal Legal Forms 2d. Public Utilities §§215:1I e[ seq. '
Am Jur PI& Pr Forms(Rev ed) public Utilities Forms I el seq. A district may adopt a Seal and alter it at pleasure. N
Added Stan 1953 ch 72 §2. 00)i
ARTICLE I Historial Derivadow Sus 1921 ch 560 §30 A par p 918, as amended by Stan 1933 ch 999 N
§4 p 2562. Stan 1941 ch 1079 11 p 2773.
Corporate Powers i m.
(Division 7, Public Utility District Act--Chapter 4, Powers and Functions I § 16404. Eminent domain
a Districts—Article I. Corporate Powers; Added Sims 1953 ch 72 §2,1 ON
A district may exercise the right of eminent domain. to take any
§ 16401, Perpetual succession property necessary or convenient to the exercise of the powers granted a
§ 16402. Actions in this division.
§ 16403. Seal Added Stan 1933 ch 72 §2. Amended Scats 1975 ch 582 § 14, cr£ective July 1, 1976. '
m
§ 16404. Eminent domain Amuidmeno:
§§ It:t05, t6406. [Repealed]
§ Ibill7. Powers with reference to improvement districts 19di .act may e c Subextreme
the rig the section for the former section which read: " A
district may exercise the right of eminent domain in the manner provided by law
§ 16-108. Formation of districts with lands proposed to be annexed for the wodcmnadon of pnvate property for public use and may take any
§ 16409. Contracts with and borrowing from United Stares for purpose of obtain property necessary or convenient to the excmiac of the powers granted in this
rig water divsion. whether such propeny is already devoted to the same use or otherwise.
to the proceedings, venue, and trial «la rive to the exercise of the right m
372 373
1
6404 PUBLIC UTILITY DISTRICT ACT { DISTRICT POWERS, FUNCTIONS § 16409
condemn property the district has the sums rights, powers, and privilege as a
municipal corporation.'• shall refer to public utility districts and all words relating to irrigation
and matters refer to the colic-
Editor's Nores—Th m e 1975 amendment to this section became operative on the ' of municipal water district officers (0
s ndin officers of a public utility district and matters under this C
operative date of Slats end ch ch such date being July 1, 1976, order terms of PII, g
Su" 1976 ch 22, as amended by cb 393. , division. t
torical Derivation: Stats 1921 ch 560 §30 6th par p 918. as amended by Sues 1933 eb Added Suits 1953 cb 72 §2- Amended Stau 1965 cb"I § 1. N
§4 p 2362,Stan 1941 ch 1079 § I It 2773. - to
Aw Rerision Commlaaion Comment Amepdmenu: part m 8 ' 7 Water Code' to the 6
3965 Amendment Added all that n fo0owmPan of the
1975 Amendment—Swtion 16404 is amended to delete portions made muuec, sary section,
by the euaetmernt of the Eminent Domains Law. See Code Civ. Pro¢. §§ 1230.020 fiiatortd Dematioa:Stars 1921 ch 360§30.01 1st par, as added by Stars 1951 ch 692 §t p m
(uniform procedure), 1240.510 et seq. (compatible use), 1240.610 ct seq. (more m
necessary public use). - 14' d
roea References: § 16408. Formation of districts with lands proposed to be annexed czi
Acquisition, operation and We of utilities owned by municipal corporations: Pub
Um C§§ 10001 et aeq. Improvement districts also may be formed of land proposed to
be
Eminent domain:CCP§§ 1230-010 o seq. annexed to the district, contingent upon the annexation being com-
The petition for annexation may request that the land to be
olLteral References: pleted.
WitJtin Procedure pd oil)Actions §633. annexed shall be included in and form a part of any improvement W
Cal I"3d Public Utilities § 133. district existing within the district 0[ shall constitute a new improve- m
Am Sur 2d Eminent Domain §§ 19, 375 et seq. ment district within the district when annexed, or the board of m
directors of the district may determine, as one of the terms and N
NOTES OF DECISIONS conditions for the annexation, that the land shall be included in and
form a part of any improvement district then existing within the W
on does our give public utility diancts same out in this section and m enter sections of code district or shall constitute a new improvement district when annexed.
n m anemic by condemnation as "municipal Georgnosve Divide Public Utility resat. v li c hi '
audom" have under §§10001.10213, since (1962)204 CA2d 194,22 Ca!Rpt 27. Added Stets t953 eh 72 §2.
ns of public utility district are clearly spelled Ildn rieal Derivadow Stan 1921 ch 560§30,01 2d par, as added by Steu 1951 eh 692 § 1 P
1904.
6405, [Section repealed 1975.1
cd Sus 1953 ch 72§2 p 766.Repeated Sus 1975 ch $82 § 15, effective July 1, 1976, § se of raining with and borrowing from United States for pun-
Editor's Nores---The 1975 reseal of this section became operative on the operative p0a8 of obtaining water N
date of Sets 1975 ch 1275, such date being July 1, 1976. under terms or Stan For the purpose of obtaining and supplying water for domestic, N
1976 ch 22,as amended by ch 393. irrigation, and fire protection purposes, a district may cooperate and
aw Revision Cossummioo Comment contract with the United States and borrow or procure money from
1975 Repeal---Section I6405 is unnecessary. See Code Civ. Pros. § 1250.210 and the United States in the same manner and under the same procedures N
Comment dnerctu. as irrigation districts under Division 11, Part 6, Chapter 2 of the
Water Code. Any district, in order to make payments to the United N
$406, [Section repealed 1983.1 States under any contract between the district and the United States,
ad Stan 1951 ch 72 §2 p 766. Repealed Sun 1993 ch 256 § 104. See Pub Con C may, in lieu, in whole or in part of levying assessments, fix and collect a
202.2. _ charges for the service of water by the district to any land- A district 9
may charge higher rates for service of water to any landowner in the v
5407. Powers with reference to improvement districts i amount required to pay any interest costs charged to the district on
district has the same powers with reference to improvement any United States Bureau of Reclamation loan by reason of land held m
ricts as are conferred upon irrigation districts by Division 11, Pan by such owner in excess of 160 acres. m
if the Water Code and as are conferred upon municipal water Added Snu 1953 cb 72 §2- Amcodcd Stan 1969 ch 388 § i.
fists by Part 7 (commencing with Section 71851) and Part 8 '
mmencing with Section 72000) of Division 20 of the Water Code. A1%9mAmendesent Added the last two sentenees.
used in this section, all references to districts in the adopted acts ttlarodcal Derivation:Slats 1921 ch 560§30.06,as added by Stars 1951 ch 731 § i P 1999
374 375
D
C
m
as
rn
m
z
ARTICLE 2 ARTICLE 3 z
m
m
Property Utility works and Services z
[Division 7, Public Utility District Act—Chapter 4, Powen and Functions [Division 7, Public Utility District Act—Chapter 4, Powers and Functions
G
of Districts--Article 2, Property: Added Suss 1933 ch 72 4 2.) of Districts—Anicic 3, Utility Works and Scrvtccs; Added $uss 1953 ch
72 §2-1
6431. Authority to acquire, hold, least or dispose of property
6432, Title to property § 16461, Acquisition, construction, and optrauon of utility works and scrnces
:7aaa Reterwces § 16462. Purchase of utility works and services t9
Public work and purchases,generally: Gov C§§4000 et seq. § 16463, Additional public utility works
m
:oaateral Re(erenus: § 16463.5.Authority to exercise power of fire protection district; Exception in
Cal lur 3d Public Utilities§§ 133 et seq. § 16464, Construction along streets and land or watercourse W
§ 16465. Construction of works across stream 0mO
4moutioos: highwayA
§ 16466. Duty to restore street or
Damage resulting from temporary ConditionsRo6 incident w public improvements or 16467. Revenue-producing utilities; Expenses to be Paid.
repairs as compenaa6le Wring. 23 ALR4ut 67t 16467.1.Facilities not operated on revenue producing basis
§ 16468. Advance payment for commodities or services tenants
16431. Authority to acquire, hold, lease or dispose of property § 16469. Unpaid charges as part of annual assessment Unpaid charges by'
district may take by grant, purchase, gift, devise, or lease, or § 16470. Lien for added charges
herwise acquire, hold and enjoy, and lease or dispose of, real and § 16471, Unpaid charges added to assessment payable in installments
:rsonal property of every kind within or without the district, when § 16472. Charges included in tax rate; to county auditor
the judgment of the board it is for the best interests of the district § 16472-1.Lien for delinquent water charges N
to do. § 16412.5. Enforcement;, Injunctions
idcd Suu 1951 ch 72 §2. § 16473. Sale of surplus utilities ti
16474. Use of surplus facilities 10 supply public utility services outside district N
tactical Dedndua: Suits 1921 ch 560 §30 4m par p 918, as amended by Scats 1933 ch � 16475 water standby or immediate availability charge; Fixing oI charges;
9 §4 p 2562,Suss 1941 ch 1079 § I p 2773. Exemption; Use of funds _ g
aaursl References: N
Gil lur 3d Public Utilities§ 133. § 16476. Charges for Tahoe City public utility district; Charges for South Ta a
Co t0
public utility district N
§ 16477. Charge for Failbrook Public Utility' District 3
16432. Title to property § 16479. Annual charge for sewage service for Tahoe City Public Utility District,
South Tahoe Public Utility District, and North Tahoe Public Utility
he legal title to all property acquired under this division vests District
unediately and by operation of law in the district, and is held by the
§ 1ba79. Transfer of surplus improvemcm funds for Tahoe City Public Utility
strict in trust, and is dedicated and set apart to the uses and District for North Tahoe Public Utility District m
1 oses set forth in this division,rp i § 16480. Limitation on advtnising expenditures
lded Scats 1953 ch 72§2. § 16481, services m nonsubscriber residential users
licorice!Dertrsdoo:Scats 1921 ch 560 §50 p 933. § 16481.1. Services to residential occupants through master meter
CoWurai Refereaces: § 16491.6.Creditwonhmcss as basis for requiring deposit
Cal lot 3d Public Utilities§ 133. § 16482. Limitation on termmation of er'ices
377
376
61 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16463.5
82.1.Termination procedure, Notice { § 16462. Purchase of utility works and services
of such commodities or services to
83. Prohibited cessation of services during non-business boors - A district may also purchase any
85, Collection of standby or immediate availability charges '. from any other utility district, municipality, person, or private com- m
86, Kirkwood Meadows Public Utility District; Snow removal, public park. pany, and distribute them.
,
ing, and cable television Added Scats 1951 ch 72 §2.
87. Kirkwood Meadows Public Utility District; Indebtedness for gas and Ilytnrical Derivation: Scats 7921 cb 560 §30 Sth par p 918, as amended by Scats 1933 ch Z
electricity services 0
999§4 p 2562, 5tau 1941 ch 1079 § 1 p 2773.
88. Compliance with provisions regarding polychlorinated biphenyls Z
Collateral References: m
Ova References: Cal Jur 3d public Utilities§ 133. in
ltility works and service: Pub Uld C§§ 12801 et seq.
Lzinctioo on right to fix and collect charges for water standby or immediate Z
availability charge:Pub Util C § 16475. § 16463. Additional public utility works 'n
'ublic work and purchases, generally: Gov C§§4"et seq. p
enteral References: A district may acquire, construct, own, complete, use, an operate a
fire department, street lighting system, public parks, public play-
Vitkin Summary(9th ed)Constitutional Law ¢§905 et seq. P pools, public recreation
:al Jur 3d Public Unbtics §§ 133 et seq. grounds, golf courses, public swimming p P N d works to
Ins buildings, buildings to be used for public purposes, an w
ten Jur Legal Forms 2d,Public Utibtks§§215:11 et seq. provide for the drainage of roads, streets, and public places, including, m
Un Jur PI& Pr Forms(Rev cd)Public Utilities Farms 1 et seq. but not limited to, curbs, tiers, sidewalks, and pavement of streets.
gutters, t0
nowtioru: - For purposes of this division, all of those projects shall be considered a)
Light of public utility to deny service at one address because of failure to pay for a public utility or public utility works. ce
past service rendered at another. 73 ALR3d 1292. Added scar 1986 cb 195§ 134. ois
f
)amage5 resulting from temporary conditions incident to public improvements or
repairs as compensable taking. 23 ALR41h 674. Former Sections: Former § 16463, similar to the present section. was added by Scats 1953 ch
72 §2, amended by Sun 1st a Solis 1956 ch 13 §3, Staffs 1963 ch 2067•§ M Sw1s 1967 ch
226§ 1.and repeated by Suits 1993 ch 256 § 105,
461. Acquisition, construction, and operation of utility works and Hlatoria l Derivation:
ices (a)Fortner Pub Con C§20202.4,as added by Scats 1993 ch 256 § I.
listrlct may acquire, construct, own, operate, control, Or use, (b) Fomer Pub Util C §16463. as added by Swu 1953 ch 12 §2, amended by Slats 1st Ex
.in or without or partly within and partly without the district, less 1956 ch 13 § 1.Scats 1963 ch 2067 § 10, Swu 1967 ch 226 § I.
Ls for supplying its inhabitants with light, water, power, heat, (c)Swu 1921 ch 560§30 p 918, as amended by Scats 1933 ch 999 §4 p 2562, Sca s 1941 ch N
sportation, telephone service, or other means of communication, 1079 § 1 p 2773. N
leans for the disposition of garbage, sewage, or refuse matter, and Collateral Reference:
do all things necessary or convenient to the full exercise of the CA))or 3d Parks, Playgrounds, and Recreation Districts §8- N
ers granted in this article. s Anarney General's opinions:
§ i 40 Ops Airy- Gen 25 (authonly of public utility district to acquire, construct, own. N
d suits 1986 ch 195 133.
1 and operate translator television installation). „
er Sections: Former §16461. similar 10 the present section, was added by Swu 1953 ch
I and repealed by Sulu 1983 eh 256§ 105
,rival Derivation: § 16463.5. Authority to exercise power of fire protection district; 3
armer Pub Con C§202023,as added by suits 1993 ch 256§83. 1 Exception and duties
armor Pub U1il C§ 16461.as added by Stars 1953 ch 72§2. {i! a A district may exercise any of the powers, functions,
au 1921 <tt 560§30 p 9I8,az amended by Slats 1933 ch 999 §i p 2562, Suits 1941 ch which are vested in, or imposed upon, a fire protection district B
¢i p 2773. pursuant to the Fire Protection Distract Law of t98e Pan 3 (tom- N
p
llateral Rerermceso mencing with Section 13800) of Division 12 of the Health and Safety
a Review Articles: Code'
(b) If the district includes any Par' of a local agency which provides
4 rnw), is of right to use water previously used. 15 Cal LA 595. the district shall
torneJ-Genenhs Opinions: fire protection service to any tern[ory in the district,
supp
40 Ops Ally Gen 25 (authority of public utility district 10 acquire, construct, own have no authority regarding the prevention and suppression of fires in
and operate translator television installation). 379
s�o
463.5 PUBLIC UTILITY DISTRICT ACT I DISTRICT POWERS. FUNCTIONS § 16467.1
"r
t territory, unless the district has obtained the consent of the local Former Sections: Former § 16466. similar to the present smtioo, was added by suits 1953 ch
ncy, 12 §2 and repealed by Stars 1993 ch 256§ 109.
cd Suits 1968 ch 249 § 1. Amended Suu 1987 ch 1013 § 16. Historical Derivation: D
-
sentiments: (b)
Former Pub Con C §20201.J, as added by Slats 1983 cb 256 §83. C
(b)Former Pub U61 C § 16466, as cdded by Suits 1953 ch 72 §2. M
1987 Amendment: (1) Substituted "1987, Part 3 (commencing with Section 13800)" to
tar "1961, Pan 2 m-1 (comencing with Section 13801)" in subd (1); and (2) {e)Suits 1921 ch 560 §30 p 918, as amended by Suits 1933 eh 999 §4 p 2562, Suits 1941 ch
amended subd (b) by (a) deleting "city, fire protection dainet, or other" before 1079 § I p 2773. Z
"local agency'; and(b)substituting "regarding the prevention and suppression of 47
Gres in that territory, unless the district has obtained the consent of the local
agency" for "pursuant to this section regarding the prevention and suppression of § 16467. Revenue-producing utilities; Expenses to be paid m
fires in such territories, unless such dutrict has obtained the consent of such city, 1 only revenue producing utilities shall be acquired, owned, or operated M
fire protection district,or other local agency"at the end- y p g
by a district. So far as possible the board shall fix such charges for z
5464. Construction along streets and land commodities or service furnished by any revenue producing utility as a7
will pay all of the expenses of the government of the district, or such
iistrict may construct works across or along any street or public portion as the board determines justly apportionable to such utility.
hway, or over any land which is the property of the state, and has The expenses to be paid include:
same rights and privileges appertaining thereto as are granted to (a) Salaries, office expenses, and other necessary disbursements.
es within the state. 1
(b) The operating expenses of the utility.
cd Suu 1986 ch 195 § 135, (c) The interest on any indebtedness incurred for the acquisition, m
aer Sections; Former § 16464,similar to the present section, was added by suits 1953 ch
2 and repeated by Su" 1983 cb 256 § 107. construction, and completion Of the utility.
odnl Derivation: (d) Provisions For a sinking or other appropriate fund for the payment GO
loaner Pub Con C§20203.1,as added by stets 1983 ch 256§83- of the principal of such debt as it becomes due.
'ormer Pub Util C§ 16464,as added by Sots 1953 ch 72 §2. (e) Provisions for an appropriate fund for repairs, replacements, and
cats 1921 eh 560 §30 p 918, as amended by Suits 1933 ch 999 §4 p 2562, Suits 1941 ch betterments.
§ I p 2773. it is the intention of this section that a district pay all of such charges
oss References: and expenditures and the interest and principal of its debt from the
Works on highway devoted to public use:Gov C §61625. revenues derived by the district from the operation of its public
utilities, and that each public utility owned and operated by a district
i465. Construction of works across stream or watercourse shall be self-sustaining. v
ti
district may construct its works across any stream of water of Added Suits 1953 ch : §2.
ercourse. Historical Derisatio¢ Suits 1921 <h 360 §38 p 925, as amended by Suits 1933 ch 949 §8 p
2568. N
ad Suits 1986 ch 195 § 136. Crowe References:
oar SetYi¢ru: Former§ 16465, similar to the presml section, was added by Suss 1953 ch Ne lect or refusal to comply with scatutory provisions:Pub Util C § 16042. 119
2 and repealed by Suts 1983 ch 256 § 108, 8 ••
oriral Derindoo: Contacted References: OJ
Ca)Jut 3d Public Utilities §§133, 135. t9
'omer Pub Con C§20203.2.as added by Suits 1983 ch 256 §83. 3
'ormer Pub Utii C§ 16465,as added by Slats 1953 ch 72 §2. Attorney Op General's G Opinions: public utility distract of translator tcicvysioo
uu 1921 ch 560 30 918,as amended b y Suits 1933 eh 999 4 + 40 Ops Aon Grn 25 (operationtapro by p .o
§ p y § p.562, Stars 1941 ch installation other than at a profit)
§ 1 p 2773.
► An heritable m
j Charitable contributions by public utility as pan of operating expense 59 ALR3d m
5466. Duty to restore street or highway ' 941.
listrict using a street or highway shalt restore it to its former state 1
yearly as possible and shall not unnecessarily impair its usefulness. § 16467.1. Facilities not operated on revenue producing basis
ed Suits 1986 ch 195 §137. Notwithstanding the provisions of Section 16467 of this code, fire
380 381
s
16467.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16470
:parlments, street lighting systems, public parks, public playgrounds, Amendments:
Iblie swimming pools, public recreation buildings, buildings used for 1985 Amendment: (1) Added subdivision designation (a): (2) amended subd (a) by
public purpose, and works to provide for the drainage of roads, (a) adding "Except as provided in subdivision (b),'; (b) deleting the cammx after
"was, used'; and (c) substituting"the" for "such" after"the time" and after "the !n
reets, and public places, including, but not limited to, curbs, gutters, date"; and (3)added subd(b).
Iewalks, and pavement of streets need not be operated on a self- C
staining, revenue-producing basis. Revenue to defray the cost of HIstorical Derivation: stars 1921 ch 560 §38A Ist par, 20 still, as added by Stars 1941 ch X
uirin constructing, 1252 §2 p 3138. (0
q g, g, installing, maintaining, improving, and oper-
ing such utilities and to pay the principal and interest and to create Cross References: Z
serve and sinking funds on any indebtedness incurred in connection Recovery of arreanges from subsequent tenant. Pub Uni C §§2714, I0016, w
erewtt , may be raised in any Z any manner authorized by this division. m
Ided by Stars 1953 ch 1852 §2. Amended Stars Ist Ex Seas 1956 eh 13 §2. ed'ative April Collateral References: .Tee)
1956; Stau 1967 c6 226§2. Miller&start, Cal Real Estate 2d §9:138.
Amendments:
1956 Amendment Amended the rill sentence by deleting (1) "and" after "recrc- NOTES OF DECISIONS
&Iron buddings";and(2)"and works to provide for the drainage of roads, streets,
and public places, including, but not limited to, curbs, gutters, sidewalks, and -
pavement of streets"before "mood not be'. In as action by a rmirit m enjoin a public utility. addd m and Aaome pan of the he lan utility
1967 Amendment:Added "street fighting systems;' after"fare depanments.".
dutrim from disrontinuing sewage service m a district tax asseam<nt levied upon the )and upon N
mobilbome park due to deanqumt and unpaid which the commodity or service was used. and Q3
Collateral References: ' a,vic, charges forlM and 1979, in which the notwithstanding the lien otherwise crmtd by Pub. m
Cal Jut 3d Public Utilities §§ 133, 135, property had horn encumbered in 1974 with a Uf U.Code, § 16470, providing last c6arrea added h)
dent of trust to secure so indebtedness, and in in an assessment are alien upon the land, such 03
which the property bad Later been purchased .1cx
a rdinquen,us were within the ecpuon to En
Ismite's sale in 1979 and conveyed m those who § ,6i70, which provides that the lien which would 0)
16468. Advance payment for commodities or services
boame fn etivMos m the muntY's action, the trial otherwise be trimmed does not attach to socb 03
aarges fixed by the board for commodities or services furnished may wan Properly gramd relief to the imt rventrt property waere a lien or a bon.fide rncumbrao er
made payable in advance. qu tang tide he property as against the utility for value has been created and atuchd prior to
district and declaring void the delinquent service the date for which the first installment of such
dcd Slats 1953 ch 72 §2. charges as they appeared on the sawed our roils,
norfeal Deriaatiun: SLals 1921 eh 560 38.1 Ist since the delinquent service changes did not carmI- charges hceawc delinquent. tosu, due to do Gen
§ par, Ist sent, as added by Scots 1941 ch of the o It= trace crated in the t974, dad hof
e
12 §2 p 3138. ate a lien that attached to the property w as mdue
mtiue such to priority over the preexisting won- oust, no lien attached m the property acquisition
to she
j gage Gen m areordmee with Rev. &Tax. Code, delinquency and thus the inmrvenm' acgtuntioo
16469. Unpaid charges as part Of annual assessment Unpaid #2192.1, nor could such b considered a rot from the purchaser.1 the fmaloswc sett was free
property tea on a public improvementassessment and clear of liability
for such sccrued servrce
erges by tenants within the timmng of§2192.1, so as to be enti- charge delinqueneia. County or Bunt v North H
Ud to priority. Notwithstanding Pub. (Ail.Code, Burbank Public Utility Dist. (1981. 3d out) 124 N
Except as provided in subdivision (b), charges unpaid at the time p
ecified for the fixing of the rate of taxes may be added to and §1b 69, prn ding that unpaid charges may b Cal App sa 342, 1n Cal R u tea
come part of the annual assessment levied upon the land upon N
arch the commodity or service was used if the property is owned, § 164'70. Lien for added charges
ntrolled, or in the possession of the same person who owned, j Charges added to an assessment are a lien on the land, except that if, N
ntrolled, or was in possession of it during the time the service during the year preceding the date on which the first installment of
arges were incurred or if the only transfers made of the property real property taxes which evidence the charges appears on the roll,
ice the date the charges were incurred have been transfers by gift, i any real property to which such lien would attach has been trans- a
scent, bequest, or devise. (erred or conveyed to a bona fide purchaser for value, or if a lien of a
No district furnishing water for residential use to a tenant shall bona fide encumbrancer for value has been created and attaches v
:k to recover any charges or penalties for the furnishing of water to j thereon, then the lien which would otherwise be imposed by this m
for the tenant's residential use from any subsequent tenant on section shall not attach to such property and the district shall within a
count of nonpayment of charges by a previous tenant. The district three years after the amount is due file for record in the office of any
1y, however, require that service to subsequent tenants be furnished county recorder a certificate specifying the amount, interest, and
the account of the landlord or property owner. penalty due, the name and address as it appears on the records of the
did $tars 1953 ch 72 §2. Amended Stars 1985 ch 1251 §5. district of the person liable for the same, and the fact that the district
3g2 383
T
7
s
16470 PUBLIC UTILITY DISTRICT ACT ' DISTRICT POWERS, FUNCTIONS § 16472.1
1s complied with all provisions of this part in the determination of charges blame delinquent Thus, due to the It.. and ales, of liability for such accrued s once
to amount required to be paid. From the time of recordation of the or the encumbrance, Created in the 1974. dew of Charge ddYnquene'. County of awte a Nunn
:rtificate, the amount required to be paid together with interest and
trust no lien etuehed 11 the property due 10 the Burbank Public Utility Dice. (1981. 3d Dot) IN U
delinquency and thus the inurv<ncrs acquisition Cal App)d 342. 177 Cal Rp 292
:natty constitutes a lien upon all real property in the county owned from the purehase,et the fo,celosure sale we,free
f the person or afterwards and before the Iien expires acquired by m
,in. The lien has the force, effect, and priority of a judgment lien and § 16471. Unpaid charges added to assessment payable in installments z
[all continue for 10 years from the time of the filing of the certificate a7
Mess sooner released or otherwise discharged. The lien may, within If the assessment is divided and made payable in two installments, the
z
years from the date of the filing of the certificate or within 10 unpaid charges may be added to and become a part of the first m
mrs from the date of the last extension of the lien in the manner installment of the assessment. A
:rein provided, be extended by filing for record a new certificate in Added Sun 1953 cb 72 §2. 66)
,e office of the county recorder of any county and from the time of Jlistmiad Demotion: Sian 1921 ch 560 §38.1 Ist par, 2d sent, as added by Stars 1941 cb
ich filing the lien shall be extended to the real property in such 1252 §2 p3138,
)unty for 10 years unless sooner released or otherwise discharged.
Ided Stan 1953 ch 72 §2.Amended stars 1975 cb 911 §4; Sun 1992 ch 1137 §2. § 16472. Charges included in tax rate statement to county auditor to
When the board declares that charges are to be added to the annual o
Amendments:
1975 Ameadmene Added (1) 01 that part Asher -on the land" in the has sentence; assessment and the district is availing itself of assessments made by N
and(2)the second. third,and fourth s msesces. the assessor of any county in which the district is situated, the board N
1982 Amendmcne Amended the first sentence by (1) adding ", durutg the year shall include in the statement of the tax rate to be transmitted to the
preceding the date on which the first insudm<nt of real property taxes h of the charges to be levied, andTO
which county auditor the amount of each
enders" the charges appears on the roll."; and(2)deleting "prior to the date for the auditor shall make the charges apart of the assessment in p
which the first installment of such charges would become delinquent," slier f accordance with the statement.
"created and attaches[hueon;'.
Musical Derivation: Sun 1921 ch 560 §37.1 Ist par, 2d sent, as added by Stan 1941 ch Added Stan 1953 ch 72§2.
52 §2 p 3138. Historicist Derivation: Sun 1921 ch 560 §38.1 2d par, as added by Scats 1941 cb 1252 §2 p
Note-8un 1975 ch 911 also provides: 3138.
SEC. 9. The provisions of this act shall apply to the transfer or conveyance of real
property made or on after January 1, 1976.
Collateral References: � § 16472.1. Lien for delinquent water charges
CollateralWitartera Summary(9th d)Security Transactions in Real Property§48. (a) Notwithstanding Sections 16469 to 16472, inclusive, and as an N
Miner s start, Cal Read Estate 2d §ease. alternative to the procedures specified in those sections, a district may m
provide by resolution or ordinance that delinquent water charges and a
NOTES OF DECISIONS interest and penalties thereon constitute a lien on the real property N
served to the extent that the property is owned by the person or o
an action by a county, inquiry a public utility §2192.1, nor could such be considered a real entity receiving the service, when a certificate is recorded pursuant CO
us N
trier frum discontinuing sewage service to a property not on a public improvement assessment
,bilhome park due m delinquent and unpaid within the mating of§2192-1, so this to he end- this section, which shall continue In effect until the amount O
vice charges. fo,1978 and 1979, inwhich .the ded u to priority. Nomiltsnding Pub. U61 Code, r charges, interest, and penalties are paid or the property is sold to a
,perry had been encumbered in 1974 mLb a 116469, providing that unpaid charges may be satisfy the charges, interest, and penalties. No lien may be created 3
W of trust to secure an indebtedness, and in added to and ber:ome pan of the annual utility
ecb the property bad late, been purchased at a sax men district assesst levity upon the land upon under this section On any publicly owned property. .o
dine sal s e in 1979 and eo w as nvey to those who which the commodity or service w used, and (b) A lien pursuant to this section attaches when the district files for
sine inmrvenrn to the couoty's action.the trill notwithsunding the ben giherwiu created by Pub, - record in the office of the county recorder a certificate specifying the a
inproperly granted relief to the imwcnem Util.Code, § 16470, prodding that charges added amount of charges, interest and penalties due; the name of the owner m
iuing title to the propeny a agam9 the utility to m sasasmem are a lien upon the land. inch ,
trim and dsolsring void the delinquent service delinquencies were within the ca,ep,,.n to of record of the property who received the water service; the legs
a,gra as they appeared on the secured us rolls. §16 7(l, which provides the,the hen which would description of the property served; and the fact that the district has
e.the dcanqu<n,service ch.g.did not coruss- otherwise he imposed it. not ouch to s.b ;
1. . lien that ruched to the property so as to property where a hen of a bon. fide encumbrancer , complied with all provisions of this part in the determination oft e
tide such to priority over the preexisting moo- for value has been created and arraehed pram to charges, interest, and penalties due. From the time of recordation of
ge hen in .Cco,d.nee wi,h Rev. m T... eme, the date foe wh,rh the grs, ro,esamen, of such ' the certificate, the charges, interest, and penalties constitute a lien on
191 385
r
6472.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16475
e property. Within 30 days of receipt of payment of all costs Collateral Reference.:
ecified in subdivision (a), or within 30 days of a demand by an Cal Sur 3d Public utilities § 133. (n
:row agent in the event of a voluntary sale, the district shall record D
the office of the county recorder a release of the lien created by this § 16474. Use of surplus facilities to supply public utility services A
:tion.
outside district �
i The county recorder shall charge the district the fees specified in Whenever any of the facilities, works, or utilities of all or part of a to
ctions 27361 and 27361.4 of the Government Code for recording district is not used or employed to its fullest capacity for the benefit z
y certificate pursuant to subdivision (b), which certificate shall be or requirements of the district or its inhabitants, the district may
sexed to the name of the property owner as grantor and the district employ such surplus facilities to supply any of its public utility M
grantee. services outside the boundaries of the district upon such terms and A
I This section is in addition to any other remedies available to a
conditions and under such agreement as its board determines is for
;trict. the best interests of the district. Any public utility service supplied by
Jed Slats 1995 ch 479 § 1. Amended Slats 1989 ch 1217 sec S. a district outside its boundaries shall not exceed in amount the same
type of public utility service supplied by the district within its
tmeodmests: boundaries. m
1989 Amendment(1)added "to the extent that the Property Added Slats 1953 ch 72§2. N
p perry is owned by the person B
or entity receiving the service," after "real property served" in subd (a); (2) - Historical Derivation: Stets 1921 ch 560 §30 5[h pat 3d sent p 918, as amended by Stass fJ substituted the legal description or the property served for "who rw ivcd the 1933 ch 999 §4 p 2562,Scats 1941 ch 1079 § I p 2773.
wafer service; the legal description of the property served" eher 'of the property' al
in subd (b); and(3)added ", which oenificate shall be indexed to the name of the Croas References:
Property owner m grantor and the district as ants" Sher "to subdivision 1 Co§t 879 under § 16873 not subject to limitations of this section: Pub Util C
in subd(c).
8 @).,
! coilaterai References:
Cal Sur M Public Utibtics § 133.
6472.5. Enforcement; Injunctions
order to enforce the provisions of any ordinance of the district, § 16475. Water standby or immediate availability charge; Fixing of
luding an ordinance fixing charges for the furnishing of commodi- charges; Exemption; Use of funds
or services, the district may correct any violation of an ordinance
the district. The district may also petition the superior court for (a) tr public utility district which acquires, constructs, owns, operates,
Pe controls or uses works for supplying its inhabitants with water, may ril
issuance of a preliminary or permanent injunction, or both, as fix and collect charges in the manner provided in Articles 3 and 8, N
y be appropriate, restraining any person from the continued Chapter 4, Division 7 of the Public Utilities Code, for a water m
lation of any ordinance of the district or for the issuance of an standby or immediate availability charge on all land within its G
er stopping or disconnecting a service if the charges for that boundaries to which water is made available for any purpose by the
vice are unpaid at the time specified in the ordinance. district, whether the water is actually used or not, except that such N
ed suits 1984 ch 561 §I. charge shall not apply to lands permanently dedicated exclusively to
transportation of persons or property. R
973. Sale of surplus utilities (b) The board of directors of the district which fixes such a charge 3
may establish schedules varying the charges in different months and
enever there is a surplus of available water, light, heat, or power in different localities within a public utility district depending upon
ve that which is required by the inhabitants or municipalities factors such as the uses to which the land is put, the cost of
tin the district, the district may sell or otherwise dispose of such transporting the water to the land, the degree of availability or
plus outside of the district to persons, firms, and public or private quantity of use of such water to the affected lands. The board may
porations. not, however, fix an annual charge in excess of ten dollars (b1O) per
ed stats 1953 ch 72 §2 acre or in excess of five dollars (SS) for a parcel of less than one acre.
uricei Dertsadon: Suits 1921 ch 560 §30 Sth par 2d sent p 9Ia. as amended by stats (c) If a person for more than one year obtains substantially all of his
ch 999 §4 p 2562, suss 1941 cb 1079§ I p 2773, water requirements for the contiguous parcels of land which he
387
16475 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16418
tccupies from rainfall, springs, streams, lakes, rivers or wells, and if i brook Public Utility District may fix and collect an annual water
he person's primary economic activity on such land is the commer- t standby or immediate availability charge not to exceed thirty dollars
ial extraction or processing of minerals, such land shall be exempt ($30) per acre or any parcel of less than one acre.
rom any water standby or availability charges- The Legislature hereby finds and declares that this section, applicable D
d) Any funds derived from the charges levied pursuant to this section only to the Fallbrook Public Utility District, is necessary because of A
aay be used by the district for all purposes which a public utility the unique and special water management problems within that cn
istrict is authorized to expend funds insofar as said purposes relate district. m
) the acquisition, construction, operation, control or use of works for Added Suits 1985 ch 125 § 1. 53
applying its inhabitants with water. Farmer Seedona, Former § 16477. similar to present § 16486. was added by Stats 1973 ch
tided Stets 1969 ch 3T7§ 1,elective July 3, 1969. 223 §2.edecrive July 12, 1973, and repealed by Stars 1981 ch $52 §3. Z
Editor's Nore--There were two other sections of this number. Section 16477 as mX
added Stars 1973 ch 301 § 1, amended Stets 1975 ch 263 § 1, effective July It.
16476. Charges for Tahoe City public utility district; Charges for 1975, was renumbered § 16478 Stars 1976 ch 1019 §67; § 16477 as added Scats Z
outh Tahoe public utility district 1974 ch 194 §5, effective April 30, 1974, was renumbered § 16480 Stars 1976 ch
otwithstandin subdivision 1079 §68.
g (b) of Section I6475, the Board of
irectors of the Tahoe City Public Utility District, the Board of § 16478. Annual charge for sewage service for Tahoe City Public
irectors of the North Tahoe Public Utility District, and the Board Utility District, South Tahoe Public Utility District, and North co
Directors of the South Tahoe Public Utility District shall all have Tahoe Public Utility District m
e authority, until July 1, 1984, to fix, for each fiscal year, such
ater standby or immediate availability charges at not to exceed The Board of Directors of the Tahoe City Public Utility District, the m
,enty dollars ($20) per acre or any parcel of less than one acre; Board of Directors of the South Tahoe Public Utility District, and the (n
ovided, that any funds derived from a charge in excess of the Board of Directors of the North Tahoe Public Utility District shall m
aximum amount authorized by subdivision (b) of Section 16475 each have the authority to fix and collect an annual standby charge 0)
all only be used to pay for the acquisition of nonpublic domestic for sewage Service on all lands within the district under its jurisdic- ¢
lter supply systems, and the maintenance and operation of domestic don, in such amount as the board shall specify, provided that such
Iter supply systems owned by the respective districts on January1, standby charge for sewage service shall not exceed ten dollars (SIO)
76, or acquired on or after such date, per acre for parcels in excess of one acre or twenty dollars ($20) per
parcel for parcels less than one acre.
us section, applicable only to the Ttae City Public Utility District, The standby charge authorized by this section shall be imposed
North Tahoe Public Utility District, and the South Tahoe Public initially only after a public hearing thereon. In the event that the
ility District, is necessary because of the unique and special water board of directors proposes to impose such a standby charge, they n
magement problems of those areas of the Lake Tahoe Basin, shall call a public hearing on the proposal and shall give notice N
!cal Slats 1970 ch 1159¢1.5. Amended Suu 1974 ch t91 § 1;Suiu 1975 oh u4 ¢ i; Scars thereof as provided in Government Code Section 6062a. Such a m
8 ch l91 § 1.
charge may be levied in subsequent years without the requirement of m
meodmeom: a hearing, provided that a bearing shall be required in any year in
1974 Amendment; (1) Amended the first paragraph by (a) adding ", the Board of proposes p to a 0
which the board of directors p ro alter the rate of such charge. ra Directors of the North Tahoe Public Utility District,'% (b) substituting "all" for - The Legislature hereby finds and declares that this section, applicable in
both"eher"District shall":(c)substituting' 1979"for"1975"; (d)adding ", for only to the Tahoe City Public Utility District, the South Tahoe Public
each fiscal year,"; and (0 deleting "in existence on July 1, 1970" after "supply N
systems"; and (2) added ", the North Tahoe Public Utility District," is the Utility District, and the North Tahoe Public Utility District is 0
second paragraph. necessary because of the unique and special water management,
1975 Am<ndmnd Amended the first paragraph at r s adding the comma after "; pollution, and sewage disposal problems of the Lake Tahoe Basin.
Provided"; and (2)adding all [tut pan after"water supply systems" the first time
it appears. Added Sots 1971 ch 301 § 1 as § 16477. Amended Slats 1975 ch 263 § 1, effective July 11.
0
197E Amendment Substituted "July i, 1984" for "July 1. 1979" in the first 1975. Renumbered Slats 1976 ch 1079 §67. 0 paragraph. _
Amendmmu:
1975 Amendment: Added (1) " the Board of Directors of the South Tahoe Public
5477. Charge for Fallbrook Public Utility District Utility District," before "and the Board" in the first paragraph; (2) the second
paragraph; and (3) ". the South Tahoe Public Utility District," before "and the
twithstanding Section 16475, the Board of Directors of the Fall- North- in the third paragraph.
388 389
1
1"81.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16481.1
periodic payment each payment period all reasonable charges paid to
en Reasonable attorneys fees t the corporation incurred in the
he district for those services during the preceding payment period.
enforcement of this section or in the collection of delinquent charges,
e) Whenever a district furnishes residential service subject to subdivi- including, but not limited to, enforcement of a lien.
ion (a), the district may not terminate that service in any of the If the court finds that the owner, manager, or operator has paid the
)flowing situations: A
amount in arrears prior to termination, the court shall allow no
1) During the pendency of an investigation by the district of a recovery of any charges, costs, damages, expenses, or fees under this
ustomer dispute or complaint, subdivision from the owner, manager, or operator. m
'.) When the customer has been granted an extension of the period
An abstract of any money judgment entered pursuant to subdivision
tr payment of a bill. P z
(f) or (g) shall be recorded pursuant to Section 697.310 of the Code of rn
m
1) For an indebtedness owed by the customer to any other public Civil Procedure. A
;ency or when the obligation represented by the delinquent account (h) No termination of service subject to this section may be effected z
- other indebtedness was incurred with any public agency other than without compliance with this section, and any service wrongfully
e district.
terminated shall be restored without charge to the residential occu-
) When a delinquent account relates to another property owned, pants or customer for the restoration of the service. In the event of a
anaged, or operated by the customer. wrongful termination by the district, the district shall, in addition, be
} When a public health or building officer certifies that termination liable to the residential occupants or customer for actual damages w
)uldW result in a significant threat o the health or safe[ of the resulting from the termination and for the costs of enforcement of this D
sidential occupants or the public. y section, including, but not limited to, reasonable attorneys fees, if the m
Notwithstandingan other residential occupants or the representative of the residential occupants in
Y provision of law, and in addition to make a good faith effort to have the service continued without m
w
y other remedy provided by law, if the owner, operator, or interruption. a
wager, by any act or omission, directs, permits, or fails to prevent a (i) The district shall adopt rules and regulations necessary to imple-
mination of service while any residential unit is occupied, the ment this section and shall liberally construe this section to aecom-
[idential occupant or the representative of the residential occupants plisb its purpose of ensuring that service to the residential occupants
ry commence an action for the recovery of all of the following: is not terminated due to nonpayment by the customer unless the
Reasonable costs and expenses incurred by the residential occu- district has made every reasonable effort to continue service to the
it or the representative of the residential occupants related to residential occupants. The rules and regulations shall include, but are
toration of service. not limited to, guidelines for assistance to actual users in the enforce-
Actual damages related to the termination of service, ment of this section and requirements for the notice prescribed by N
Reasonable attorney's fees of the residential occu ants, the re re- subdivision (a), including, but not limited to, clear wording, large and m
bold face type, and comprehensive instructions to ensure full notice to %
P P
itative of the residential occupants, or each of them, incurred in the N
orcement of this section, including, but not limited to, enforcement the actual users.
a Gen. 0) Nothing in this section broadens or restricts any authority of a
Notwithstanding an other local agency that existed prior to January 1, 1989, to adopt an a
B Y provision of law, and in addition to ordinance protecting a residential occupant from the involuntary
other remedy provided by law, if the owner, manager, or n
:rotor, by any act or omission, directs, permits, or fails to prevent termination of residential public utility service. e
a (k) This section preempts any statute or ordinance permitting punitive
nination of service while any residential unit receiving that service
)ccupied, the corporation may commence an action for the recov- damages against any owner, manager, or operator on account of an
of all of the following. involuntary termination of public utility service or permitting the
Delinquent charges accruing p• recovery of costs associated with
Delin the formation, maintenance, and
9 8 g prior to the expiration of the notice termination of a tenant's association-
scribed by subdivision (a).
by the cor (7) For purposes of this section, "representative of the residential
Reasonable costs incurred poration related to the occupants" does not include a tenants' association.
oration of service. Addcd Swu 1988 ch 1533 uc 8.
394 395
§16481.6 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS. FUNCTIONS § 16482.1
§ 16481.6. Creditworthiness as basis for requiring deposit
subsequent appeal of the dispute or complaint to the board is not
The decision of a district to require a new residential applicant to ( subject to this section.
deposit a sum of money with the district prior to establishing an (e) Any customer meeting the requirements of paragraph (3) of c
account and furnishing service shall be based solely upon the credit subdivision (b) shall, upon request, be permitted to amortize, over a
worthiness Suns $9 the applicant as determined by the district. period not to exceed 12 months, the unpaid balance of any bill
Added Sots 1989 ch IOb6 sec 6_
asserted to be beyond the means of the customer to pay within the z
Note—For legislative Endings and declarations, See-the 1989 note (allowing Pub normal period for payment. Z
titer C§761.d.
Added Stets 1977 ch 1027§7.Amended Sun 1984 ch 561 §2;Stan 1985 cb $88 § 13, Z
rn
3 16482. Limitation on termination of services Amendment` m
3984 Amendment: to addition to making txhnica!changes. (ll amended subd (n)by
A
a) No district furnishing its inhabitants with light, water, power, (a)substituting "district runnshing its inhabitants with light, water, power, beat. 6ZI
)eat, or means for the disposition of garbage, sewage, or refuse matter or means for the disposition of garbage, sewage, or refuse matter may laminate
nay terminate residential service for nonpayment of a delinquent residential servic,- for "dcctrical. gas, beat, or water public utility district may
recount unless the district first gives notice of the delinquency and terminate in service e a he provisi dwelling"; and fb) deleting m"calendar nhcr
"oven"; anti<3)deleted "the Provisions of after "accordance nth" in aubd(d).
mpending termination, as provided in Section 16482.1. 1985 Amendment Substituted the section for the former section which read:
"(a) No district furnishing in inhabitants with light, water, power, hot, or means
b) No district shall terminate residential service for nonpayment in for the disposition of garbage, sewage, or refuse matter may rerminatc rmidennal 0
ny of the following situations:
sernec on account of nonpayment of a delinquent account unless the district first
1) During the pendency of an investigation by the district of a gives notice of the delinquency and impending termination, at least seven days fJ
prior to the proposed termination, by Erse-class mail addressed to the customer to N
ustomer dispute or complaint. whom the service is billed.
2) When a customer has been granted an extension of the period for "(b) No such district shall terminate service m any residence: for noapaymrnt M
ayment of a bill. p during the pendency of an investigation by the district of a customer dispute or W
rgmp)aint.
IT,
3) On the certification of a licensed physician and surgeon that to do "(c) Any customer who has initiated a complaint or requested an investigation
within five days of receiving the contested bill under subdivision(b)shall be given
Will be life threatening to the customer and the customer is an opportunity for review of the complaint or investigation by a review manager
nancially unable to pay for service within the normal payment
eriod and is willing to enter into an amortization agreement with the of the d s rct. The renew shag include consideration of whether the customer
sball be permitted to amortize the unpaid balance of .the account over a
ist om g
Pursuant IO subdivision (e) with respect to all char t:S that the reasonable period of time. No termination shall be elected for any customer
complying with an amortization a cemem if the customer also keeps the account
utoer is unable to pay prior to delinquency. B for utility service current as charge accrue in each subsequent billing period.
:) Any residential customer who has initiated 8 complaint Or re- "(d)Ira customer fails to comply with an amortization agreement. the district shall N
P not terminate service without giving notice to the customer, in accordan e with ti
.tested an investigation within five days of receiving the contested subdivision (a), of the conditions the customer must mat to avoid termination, N
11, or who has, within 13 days of mailing of the nonce required by but this notice shall not entitle the customs to funhu nvc tigarioa by the
district"lbdivision (a), made a request for extension of the payment period of N
bill asserted to be beyond the means of the customer to pay in full Jvha —See the 1985 note following § 16481.
)ring the normal period for payment, shall be given an opportunity collateral References: N
r review of the complaint, investigation, or request by a review law Renew Arucles u
anager of the district. Ile review shall include consideration of Review of Selected 1977 California Legislation. 9 PHOi6C U 416,
Nether the customer shall be permitted to amortize the unpaid a
lance of the account over a reasonable period of time, not to exceed § 16482.1. Termination procedure; Notice v
months. No termination of service shall be effected for any
stomer complying with an amortization agreement if the customer (a) No district furnishing light, heat, water, or power, or means for m
to keeps the account current as charges accrue in each subsequent the disposition of garbage, sewage, or refuse matter, may terminate
(ling period. residential service on account of nonpayment of a delinquent account N
) Any customer whose complaint or request for an investigation unless the district first gives notice of the delinquency and impending
B rsuant to subdivision (c) has resulted in an adverse determination termination, at least 10 days prior to the proposed termination, by
the district may appeal the determination to the board. An means of a notice mailed, postage prepaid, to the customer to whom
Y the service is billed, not earlier than 14 days from the date of mailing
396 397
16482.1 PUBLIC UTILITY DISTRICT ACT DISTRICT POWERS, FUNCTIONS § 16485
he district's bill for services, and the 10-day period shall not com- All written notices shall be in a clear and legible format. to
pence until five days after the mailing of the notice.
b) Every district shall make a reasonable, good faith effort to contact (e) If a residential customer fails to comply with an amortization C
g agreement, the district shall not terminate service without giving
n adult person residing at the premises of the customer by telephone - notice to the customer at feast 48 hours prior to termination of the
r personal contact, at least 48 hours prior to an termination of rn
y conditions the customer is required to meet to avoid termination, but m
erv[ce, except that, whenever telephone or personal contact cannot be this notice does not entitle the customer to further investigation by z
ecomphshed, the district shall give, by mail, in person, or by posting the district. z
1 a conspicuous location at the premises, a notice of termination of No termination of service may be effected without compliance m
ervice, at least 48 hours prior to termination. (0 A
with this section. Any service wrongfully terminated shall be restored �
:} Every district shall make available to its residential customers without charge for the restoration of the service, and a notation
tho are 65 years of age or older, or who are dependent adults as thereof shall be mailed to the customer at his or her billing address.
efined in paragraph (1) of subdivision (b) of Section 15610 of the
Added Stars 1985 eh 868 § 14. Amended Stacy 1986 ch 479 §4, eh 1396 §7; Stan 1487 ch
Jelfare and Institutions Code, a third-party notification service, 614§4.
thereby the district will attempt to notify a person designated by the m
ustomer to receive notification when the customer's account is past Amendments: m
ue and subject to termination. The notification shall include informa- 1986 Amendment (1) Amended s subd b)ntact, b )snubeast it ti hours "StIior m soy for ", good N
on on what is required to prevent termination of service. The faith service,
and t •at,so
of service, except that, whenever telephone or personal contact canna be (nsidential customer shall make a request for third-patty notification accomplished, the district shall give by mail, in person, or by posting in a
n a form provided by the district, and shall include the written conspicuous location at the premises, a notice of mrmiaation of service, ai icest p)
)nsent of the designated third party, The third-party notification 48 hours prior to termination" for "n person at Icasit 4B hours poor o any W
Des not obligate the third party to pay the overdue charges, nor shall ma termination of service'; (2) added the com after "utt tthat" in subd (cX4);
g (3)divider)subd (e) into two sentences by suboin the period for ",and"; and
prevent or delay termination of service. (4) added ", and a natation therm(shall be mailed to the customer at his or her
1) Every notice of termination of service pursuant to subdivision a billing address" m pa aid of the east n as
a of subd (_). 99 mended se io Stars
p O 1986, ch 1396, compared to the section as it read prior to 1986.This section was
tall include all of the following information: abo amended by an earlier chapter,ch 479. See Gov C§96054
1987 Amendment ell Added subd(c); and (Z) redesignated formersubds(c} - (e) to
The name and address of the customer whose account is Jelin- be subds(d)-(0.
vent.
Note—s
') The amount of the delinquency, «the 19g5 note following§ 16481. F,
N
ti
1) The date by which payment or arrangements for payment is N
:quired in order to avoid termination. § 16483. Prohibited cessation of services during non-business hours m
t) The procedure by which the customer may initiate a complaint or No electrical, gas, heat, or water public utility district shall, by reason 19
R(uest an investigation concerning service or charges, except that, if of delinquency in payment for any electric, gas, heat, or water
ie bill for service contains a description of that procedure, the notice services, cause cessation of any such services on any Saturday, 9
Drstiant to subdivision (a) is not required to contain that informs- 1
Sunday, legal holiday, or at any time during which the business offices
on.
of the district are not open to the public. N
The procedure by which the customer may request amortization Added Stan 1977 ch 1027 §8.
' the unpaid charges. Conataral References:
i) The procedure for the customer to obtain information on the Law Revica,Articles: a
eailability of financial assistance, including private, local, state, or Review of Selected 1977 California Legislation. 9 Pacific U 416 UJ
deral sources, if applicable.
') The telephone number of a representative of the district who can § 16485. Collection of standby or immediate availability charges
tovide additional information or institute arrangements for payment. (a) A public utility district which acquires, constructs, owns, operates,
very notice of termination of service pursuant to subdivision (b) controls or uses works for supplying its inhabitants with electricity,
call include the items of information in paragraphs (1), (2), (3), (6), j may fix collect charges in the manner provided in Article 3 (com-
❑d (7)� mencing with Section 16461) and Article 8 (commencing with Section
85 PUBLIC ITTILITY DISTRICT ACC DISTRICT POWERS.FUNCTIONS 116488
1), Chapter 4, Division 7 of the Public Utilities Code, for an § 16487. Kirkwood Meadows Public Utility District; indebtedness for
ricity standby or immediate availability charge on all lands within gas and electricity services
oundaries to which electricity is made available for any purpose Notwithstanding any other provision of law, the Kirkwood Meadows
it district, whether the electricity is actually used or not. Public Utility District may issue bonds and incur indebtedness pursu-
fhe board of directors of the districts which fixes such a charge ant to the Improvement Act of 1911 (Division 7 (commencing with D
exempt certain classes of users from such a charge and may Section 5000) of the Streets and Highways Code), the Municipal C
tlish schedules varying the charges in different months and in P N
Im rovemrnt Act of 1913 (Division 12 (commencng with Section
:ant localities within a public utility district depending upon 10000) of the Streets and Highways Code), the Improvement Bond Z
rs such as the uses to which the electricity is put, the cost of Act of 1915 (Division 10 (commencing with Section 8500) of the M
;mitting the electricity to the user, the degree of availability or Streets and Highways Code), or the Revenue Bond Law of 1941
city of use of such electricity. The board may not, however, 5x {Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 m
nnual charge in excess of twenty dollars ($20) per acre or in of Title 5 of the Government Code) for the purpose of acquiring. M
:s of ten dollars ($10) for a parcel of less than one acre. constructing, owning, and operating any revenue-producing improve- z
eration, production,
my funds derived from the charges levied pursuant to this section meat, building, system, plant, works, facilities, undertaking, ra other �
be used by the district for all purposes which a public utility enterprise used for or useful for the gen owe, or
ct is authorized to expend funds insofar as these purposes relate sion, or distribution of electricity or gas for light, heat, or power for
e acquisition, construction, operation, control, or use of works public or private uses.
ipplying its inhabitants with electricity. If the Kirkwood Meadows Public Utility District is not incorporated
Suits 1974 cb 467 11,effective July 11, 1974. on or before March 1, 1986, this section is repealed on that date. m
Added Stets 1981 ch$52 §5.Amended Stan 1993 eb 733 §4. m
(n
86, Kirkwood Meadows Public Utility District; Snow removal,
c parking, and cable television Amendments:
3983 Amendment Substituted "March 1, 1966 for "March i, 1984" in the second ¢
Idition to all other powers, excepting telephone service, autho- paragraph.
by this division, the Kirkwood Meadows Public Utility District Ed tors Norci_We have been inforoted that the district was formed before Match
acquire, construct, own, and operate public parking facilities and 1. 1996,and therefore the section is not teposled.
television facilities and may provide snow removal and road Tben was arouse, section of this number which was added by Stats 1992 ch 549 §4 and
:enance services for all roads open to the public, including, but renumbered 116498 by Suits 1994 ch 193 1104.
mited to, public roads and roads offered for dedication but not
ted, within the district. Prior to providing any snow removal or
maintenance services, the district shall obtain the consent of any § 1608. Compliance with provisions regarding polychlorinated biphe- N
agency owning the roads. Notwithstanding Section 16467, the j nyls v
ies and services provided in this subdivision need not be opeT- Every district shall comply with Section 8029.5.
on a self-sustaining, revenue-producing basis. Revenue to defray Ached s ar 1982 ch 549§4 as § 16487, Rrnumbe ed Sus 1984 ch 193 §104.
ost of the facilities and services may be raised in any manner m
rized by this division.
Kirkwood Meadows Public Utility District is not incorporated N
before March 1, 1986, this section is repealed on that date. u
Stan 1961 ch 652 14. Amended Stars 1963 eb 733 ¢3.
3
tdments:
U Amendment: (1) Amended the first pe,agraph by (a) substituting "the" for
.such"after"public agency owning"in the second sentence and after"defray the e
:oft or'in the last sentence; and (b)deleting"the provisions of" before "Section $'
16467" in the third sentence; and (2)substituted "Much 1, 1986" for"March 1,
1964"in the second paragraph.
ui Derivadonr Former 116477,as added by Sots 1973 ch 223 §2. 401
400
ANNEXATION § 17365
§ 17361. "Annexing district"
As used in this article, "annexing district" means any public utility
district to which land is to be annexed. N
Added Stars 1953 eb 72 §2. C
ra
n
§ 17362. Territory which may be annexed to
ARTICLE 2 Land not a part of and not contiguous to any district, containing at Z
least 10 privately owned acres, and lying within the exterior bounda- z
ries of any petitioning district, the nearest boundary of which is to
Annexation of Noncontiguous Territory within three miles of the nearest boundary of the annexing district A
[Division 7, public Utility District Act-Chapter 8, Annexation-Article may be annexed to the annexing district in the manner provided in z
2.Annexation of Noncontiguous Territory;Added Stas 1953 ch 72 §2.1 this article or in the District Reorganization Act of 1965 (comment- 0
ing at Section 56000, Government Code). When proceedings for such
§ 17360. "Petitioning district" annexation are taken pursuant to this article, only the provisions of
§ 17361. -Annexing district' this article shall apply thereto.
§ 17362. Territory which may be annexed Added Suits 1953 ch 72 §2. Amended Sus 1965 ch 2043 §619. 01
§ 17363. Petition; Contents e
§ 17364. Address on petition; Filing Amendments: tJ
§ 17365. Authorization by resolution; Filing of certified copy 1965 Amendment: Added an that pan following "this article' to the end of the W
section. 01
§ 17366. DetSpecific la Lion of terms and conditions of annexation Hfatorinl Derivation: Sus 1921 ch 560�§31b Ist. 2d pars, as added by Sus 1933 ch 994
§ 17367. Specific terms and conditions g 14 p 2575,amended by Sus 1951 ch 1130§I 2896. w
§ 17368. Other terms and conditions a
§ 17369. Effective date of terms and conditions
§ 17370. Resolution; Contents § 17363. Petition; Contents
§ 17370.1. Filing certified copy following adoption The board of directors or other governing body of the petitioning
§ 17370-2. Proceedings following filing district may request by petition that lands lying within its boundaries
§ 17371. Publication of resolution; Notice of hearing and described in the petition be annexed to the annexing district upon
117372. Time for hearing; Posting of notice and resolution such terms and conditions as are set forth in the petition.
§ 17373. Hearing; Procedures Sus 2 §2 1933 ch 7
§ 17374. Protest of proposed annexation; Filing Addedvat
§ 17375. Hearing by board on protest; Notice - Historical Derivadon: Slits 1921 ch 560 §51b 2d par, Ist sent, as added by Sus 1933 ch N
999 § 14 p 2575,amended by Sus 1951 ch 1130§ I p 2996. m
§ 17376. Determination by board to exclude property �
§ 17377. Failure to file protest t9
N
§ 17378. Resolution ordering and approving annexation § 17364. Address on petition; Filing
§ 17379. Contents of resolution and order The petition shall be addressed to the board of directors of the
§ 17380_ Filings required following adoption of resolution; Effective date of annex- annexing district and filed with the secretary of the annexing district. its
ation
§ 1738L Effect on legal existence of public corporation or public agency Added Suits 1953 ch 72 §2. 3
§ 17381 [Repeated] Himodcal Derivation: Sus 1921 ch 560 §5lb 2d par, 24 sent, as added by Sus 1933 ch
999 § 14 p 2575, amended by Stau 1951 ch 1130 § I p 2896.
v
§ 17360. "Petitioning district' § 17365. Authorization by resolution; Filing of certified copy N
As used in this article, "petitioning district" means any public utility The execution and tiling of the petition by the petitioning district shall
district, water et, or irrigation district containing land which is be authorized by resolution of its board of directors and a certified
to be annexed too a public utility district. copy of the resolution shall be filed with the petition.
Added Stas 1933 ch 72 §2.
Added Sus 1953 ch 72 ¢2.
448 449
§ 17365 PUBLIC UTILITY DISTRICT ACT
ANNEXATION § 17370.1
Histodeal Derivtdou: Stan 1921 ch 560 §51b 2d par, 3d sent, as added by State 1933 ch
999 § 14 p 2575, amended by Stau 1951 ch 1130 § I p 2896, lands from any and all agencies, authorities, and districts of which the
annexing district may be a member.
§ 17366. Determination of terms and conditions of annexation; (c) That the annexed territory may be required to waive and will not n
be entitled to receive, use, or participate in any services, commodities, C
II the board of directors of the annexing a district determines that the or property or some specific part thereof which may be owned by the N
annexation of the territory will facilitate the acquisition, construction, annexing district, or to which it may be entitled.
completion, or operation of any public utilities works of the petition-
ing district, or the annexing district, and will not operate to the (d) Any other terms and conditions authorized by the District Z
disadvantage of the annexing district, and that the territory proposed Reorganization Act of 1965 (commencing at Section 56000, Govern- z
to be annexed will be benefited by the annexation, it shall determine ment Code), m
the terms and conditions upon which the annexation shall be made. Added stars 1953 ch 72 §2. Amended Stan 1965 ch 2043 §620. A
Added Stairs 1953 ch 72 §2. Z
Amendments: 'n 999 § )4 l 2575, don: Stets 1921 ch 560 §113 2d par, 96.sent, as added by Stan 1933 ch 1965 AmendmenC Substituted "authorized by the District Rwrganization Act of
999 § 14 p 2575, emend«3 by Stau !95! ch 1130§ i p 2896. 1965 (commencing at Section 56000, Go�cmmant Code)" for "which the board
of direction of either of the districts deems just" in subd (d).
§ 17367. Specific terms and conditions Historical Derintion: Stets 1921 cb 560 §Sib 2d par, 6th san6 as added by Stan 1933 ch (11
999 § 14 p 2575,amended by Scats 1951 cb 1130§ I p 2896. W
In the terms and conditions, the board may provide for any of the n
following: N
§ 17369. Effective date of terms and conditions N
(a) That the territory to be annexed shall not become liable by The terms and conditions shall become effective and binding upon the m
assessment or otherwise (1) for any of the outstanding obligations of a)
the annexing district; (2) for any expense incurred in acquiringannexing district and upon the territory to be annexed and the u
petitioning district when approved in the manner provided in this a property used or to be used for the servicing of any land within the
exterior boundaries of the annexing district as they then exist; (3) for anicle.
any costs or charges incurred in connection with the replacement or Added Ste I953 ch 72 §2.
construction of any utility system or for the delivery of any commod- Historical Derivation: Stan 1921 ch 560 §Sib 2d par, last sent, as added by Stan 1933 ch
ity or service within the annexing district. 999 § 14 p 2575,amended by Stau 1951 ch 1130§ I p 2896.
(b) That the land to be annexed shall be subject to such assessments
and charges as required to provide (1) for any utility system or § 17370, Resolution; Contents N
property necessary to serve the annexed land; (2) for the costs of The resolution of the board of directors of the annexing district shall N
maintaining, servicing, and operating such properties. describe the territory proposed to be annexed and set forth the terms m
(c) That the liability of the land to be annexed may be limited solely and conditions at length upon which the annexation is proposed to be N
to the fixing and collecting of charges for utilities or commodities made, and declare the board's intention of approving such annexation
actually supplied to the petitioning district by the annexing district. upon the terms and conditions therein specified. N Added Stars 1953 ch 72 §2. Added Stars 1953 ch 72 12.
Historical Deri•adon: Stets 1921 ch 560 §5ib 2d par, Sib sent, as added by Sian 1933 ch Historial Derivados: Stan 1921 ch 560 §5lb 4tb par, Ist sent, as added by Staits 1933 ch N
999 § 14 p 2575.amc tdod by Suu 1951 cb 1130§ I p 2896. 999 § 14 p 2575, amended by Smis 1951 ch 1130§ I p 2896. 3
§ 17368, Other terms and conditions § 11370.1. Filing certified copy following adoption
The terms and conditions may also provide for any of the following: After the board of directors of the annexing district shall have m
(a) That any and all property, services, or commodities may be adopted a resolution declaring its intention of approving an annex-
delivered directly the petitioning district. ation the secretary of such district shall file a certified copy of such
resolution with the executive officer of the local agency formation
(b) That the annexation may be made contingent upon the annexing commission.
district obtaining the necessary approval for the annexing of such Added Stan 1965 ch 2043 §656
450
451
e
6
ANNEXATION §17316
173701 PUBLIC UTILPIY DISTRICT ACT
1737D.2. Proceedings following filing § 17372. Time for hearing; Posting of notice and resolution
after said resolution has been filed with the executive officer, proceed- The time fixed for hearing shall not be less than 20 days nor more
than 60 days after the date of the first publication of the resolution.
7gs thereon shall be taken by the local agency formation commission and the notice and resolution shall be posted in three public places in
a the manner and subject to the provisions of Part 4 (commencing at the territory proposed to be annexed at least 15 days before the date to
lection 56250, Government Code) of the District Reorganization Act set for the hearing. m
d 1965. If the resolution and proposed annexation are approved by N
he commission, with or without amendment, wholly, partially or Added Sub 19s3 io 72 4 2.
:onditionall , it shall be mandate for the board of directors of the Historical 2575,atiue: Sub 1921 ch 560 §Sib 4th par, 3d sent, as added by Aau 1933 cb 9
Y mandatory 999 ¢ I4 p 2575, amended by Suu 1951 tb 1130§ 1 p 2896. �
annexing district to complete the proceedings for such annexation,
ubject to compliance with the commission's resolution making deter- Hearing; m
ninations. § 17373, Hi Procedures M
Wed Seats 1965 cb 2043 §657, At the hearing or any continuance thereof, the board oC directors of z
the annexing district shall hear all relevant evidence and shall deter-
j 17371. Publication of resolution; Notice of hearing mine whether the territory shall be annexed and upon what terms and
conditions, if any, such annexation shall be made.
Ikftet receipt of the resolution of the local agency formation commis- Added slats 1953 ch 72 §2.
.ion making determinations, the board of directors of the annexing ea
fistrict shall cause publication of its resolution declaring its intention 999 § 14 2575, me stab t921 ch 560 § 113 4th par, ath sent, as added by sub 1933 c
p 999 § 14 p 2575,amended by Sum 1951 ch 1130§7 P 2896. f3
yf approving such annexation and a notice fixing the time and place N
yf hearing thereon and notifying all persons interested in or that may ta'n
§ 17374. Protest of propose
x affected by the proposed annexation of territory to appear at the d annexation; Filing m
meeting and show cause in writing, if any they have, why the At the hearing or any prior time, any person interested may file with m
territory or any part of it should not be annexed as proposed in the the board of directors of the annexing district a written protest to the
resolution. The notice and resolution shall be published pursuant to proposed annexation or to the approval of the terms and conditions.
Section 6061 of the Government Code in a newspaper of general Added Seab 1953 ch 72 §2,
circulation printed and published in the annexing district, or if there t{anoriral nerinnon: SeatS 1921 ch 560 §Sib 4th par, 4th sent, as added by Suu 1933 ch
is no such newspaper, in a newspaper of general circulation printed 999 §14 p 2575, amended by Sots 1951 cb 1130§ I p 2896_
and published in the county where all or a part of the annexing
district is situated. § 17375. Hearing by board on protest; Notice
Added Seats 1953 ch 12 12.Amended Start 1951 cb 357 § 144;Suu 1965 ch 2043 §621. property in the
If written protests are filed by the owners of taxable ro rty N
Amwdmeau: territory proposed to be annexed, the board of directors shall refer the
t957 Amendment: Added "pursuant to section 606i of the Government Code" in protests to the board of supervisors of the county in which the district m
the second sentence. is situated. The board of supervisors shall thereupon hold a hearing N
t%S Amendment Substituting "After r=ipt of the resolution of the local agency on the protests after notice given in the manner provided in Article
formation commission making determinations, the board of dirators of the ter 2 of this is division. N
amexing district shall cause publication of itsrmoiutioo dwianng its intention ofto
P ••
approving such annexation" for "The board shall cause the publication of the Added Suu 1953 cb 72 §2. N
resolution"at the b<gianing of the first sentence. Historical ch ch 9999 4p 2575.wnmde4 b21 Suu 560
951 cb 1130§I Sib, 6tb
2896. srnu, added by Suu 19:3 9
Fitatoriral Derivation; Suu 1921 ch 560 §510 4th per, 2d Sen6 as added 6y' Stars 1933 ch y § P
999§ 14 p 2575,amended by Stars 1951 eh I130¢ 1 to 2896. '
Cre,sc References: § 17376. Determination by board to exclude property
Publications and official advertising:Gov C ¢¢6000 et seq. 0
Publications m newspaper of general circulation.Gov C§6040. If the board of supervisors finds and determines at the hearing that J
"notions: ; the property described in the protests will not be substantiallc
What wnstouics newspaper of "general circulation" within meaning of $tau ( benefited by annexation to the district, it may notify the board of
rututes requiring publication of official notices end the like in such newspaper.24 4 directors of the annexing district that such property shall not be
ALR41h $22. 453
452
1
§ 17376 PUBLIC UTILITY DISTRICT ACT ANNE�CATION § 17382
annexed to the district, and the board of directors shall take the Historical Deri"doe; Stan 1921 cb 560 § 511, nth par, 10th. Iltb sons, z added by 5uu
necessary steps to exclude the property from the territory proposed to 193J ch 999 § Is p 2575, amended by Suu 1451 ch 1130§ I p 2396.
be annexed.
Added suits 1953 CA 72 §2. I7380. Film p§ Filings required following adoption of resolution; Effective
Hutunul Denndon: Suu 1921 ch 560 §51b su par. 7th s L. U added by Suu 1933 ch date of annexation
999 § 14 p 2575,ammded by Suu 1911 cb 1130 § I p 2396.
71
After adoption of the resolution ordering the annexation, the secre-
§ 17377. Failure to file protest tary of the annexing distract shall make the filings provided for in m
Chapter 8 (commencing at Section 56450, Government Code) of Pan 6)
.any person who is interested in any land located within the annexing5 of the District Reorganization .act of 1965. A certified copy of the z
district or the territory to be annexed and who does not file a wrirte resolution provided for by Section 17379 shall accompany and be m
protest is deemed to have assented to the annexation of the territory made a part of such filings. The annexation shall be completed and 71
set forth in the petition of the petitioning district, and upon the terms effective on the dares specified in said Chapter 8. z
and conditions set forth therein. ) Added sacs 1965 c4 '_Qal ;bsa.
Added Sus 1953 ch 72 §2.
Huto
Former Sections; Forma§ 17380 tones added Suu 1951 ch 72 12 and repealed Suu 1965 ch
n9j 14 thrira tna 5uu 1921 ch 560 § 113 nth par. 91b ymt. as added by Suu 1933 ch 1 2043 § M.
999 § lap .37 J,ammded by Suu I931 des 13]0§ i p 2396.
!P
¢ 17378. Resolution ordering and approving annexation § 173$1. Effect on legal existence of public corporation or public
0
after the hearing, the board of directors of the annexingdistrict ma agency 0)
tdopt a resolution ordering and approving the annexation. y The inclusion in, or annexation or addition to, a public utility district 11
Sddcd Suu 1953 ch 72 §2- Amended Suu 1965 ch 2 of the corporate area of any public corporation or public agency shall m
oa3 §622 not destroy the identity or legal existence or impair the powers of any
Aasandmentc j such public corporation or public agency, notwithstanding the identity
IIt68 Amendmsae (1) Deleted "if" aA, 'brariog"., (2) subsuruted "may adopt a � of purpose, or substantial identity of purpose, of such public utility
resolution ordering and" for"approves by rewtuoon the proposed an tcasuon of district.
The temtory described to the petition upon the terms and canditioro sa forth Added Suu 1437 ch '2 §thaein an or upon. y other tams and conditions, and a rewlu fa noo" afar Added
district", and (3) drlctrd "{s adopted by tee board of director, of the Historical Deri.adou; Suu 1921 ch 160 §51b 3d par, as added by Suu 1933 ch 999 § 14 p
peuuonmg dfaut" and Ilan wins the secretary a he t
f tmeamg boar4 We 2575, ammdan by Suu 1951 to I130§ I p 2896.
anneaing board mall declare that the aaneaanon o
a he an" after F,
the anneaanon" at the end of the section. "approving
ilooritai Derfndoo:Suu 1921 ch 560 §51b nth par, IOth sent• as added by Suu 1933 ch t § 17382. (Section repealed 1965.1 N
99 § 14 p 2575, amended by Suu 1951 ch 1130 11 p 2896, ! m
Added Suu 1953 ch 72 §2. Repealed Sus t965 ch 2043 §322.
t N
17379. Contents of resolution and order o
,be annexing board shall by resolution describe the territory ordered ^
o be annexed, and set forth the boundaries of the district as they will N
xist after the annexation. The order shall also set forth in detail the 3
urns and conditions, if any, of the annexation; and if the annexation j
i for limited purposes only, the land which is being annexed shall be t
escribed as one parcel and the land of the annexing district shall be i escribed as a separate and distinct parcel. ca,a
.ddrd Suu 1953 c4 72 12. Amrndttl Suu 1963 ch 2043 §623.
to
.Ameodmsns: t
1965 Amsodmeac Substituted "ordered" for "propoxd" after "temory" in the first
smirnce.
454 � jt5