Enabling Act

BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT ACT

Statutes of California, 1960 First Extraordinary Session, Chapter 22
(as amended by Statutes in 1965, 1967, 1975, 1982, and 1989-90.)

An act to create the Bethel Island Municipal Improvement District and to prescribe its boundaries, organization, power, operation, management, financing, change of boundaries, and dissolution.

Article 1. General Provisions

Sec. 1. The Bethel Island Municipal Improvement District is hereby created to consist of the unincorporated territory in Contra Costa County; bounded and described as follows:

Beginning at the northwest comer of the bridge constructed in about the year 1915 across the dredge cut at or near the head of what is commonly called Taylor Slough and near the southwest corner of Sec. 15, T.2, N.R. 3 East, M.D.B. & M.; thence following the easterly bank of said Taylor Slough with its meanderings to the junction of said Taylor Slough with what is commonly called Piper Slough; thence following the southerly and westerly back of said Piper Slough to its junction with Sand Mound Slough; thence following the northerly bank of said Sand Mound Slough to its junction with the dredge cut near the large hay barn situate on the lands of E. A. Bridgford, in the northeast quarter of Section 22, Township 2, North Range, 3 East M.D.B.& M; thence following the northerly bank of said dredge cut running westerly to the place of beginning. The number of acres in said district is 3516.54, all in Contra Costa County, State of California.

Sec. 2. This act shall be known and may be cited as Bethel Island Municipal Improvement District Act.

Article 2. Definitions

Sec. 10. The terms defined in this article have the meaning set forth unless the context requires a different meaning.

Sec. 11. “District” means the Bethel Island Municipal Improvement District.

Sec. 12. “Board” means the board of directors of the district.

Sec. 13. “President” and “secretary” mean the president and secretary, respectively, of the district.

Sec. 14. “County” means the County of Contra Costa.

Sec. 15. “Board of Supervisors” means the board of supervisors of the county.

Sec. 16. “Charges” includes fees, tolls, rates and rentals.

Sec. 17. “Voter” means a registered elector in the district.

Sec. 18. “Officers of election” other than officers provided for elections conducted pursuant to the Uniform District Election Law consist of an inspector and two judges. They shall be persons appointed by the board of directors and need not be voters. (Amended Stats. 1967, Chapter 29, §47.3.)

Sec. 19. “Reclamation district” means Reclamation District No. 1619 of Bethel Island.

Sec. 20. In the application to the district of laws, the procedure of which is made applicable to proceedings of the district, terms used in those laws shall have the following meanings:

(a) “City council,” “council,” and “legislative body” mean board.
(b) “City,” “municipality,” and “local agency” mean district.
(c) “Clerk” and “city clerk” mean the| secretary of the district.
(d) “Superintendent of streets,” “street superintendent,” and “city engineer” mean the engineer of the district or other person appointed to perform such duties, to be called district engineer.
(e) “Tax collector” means the tax collector of the district.
(f) “Treasurer” and “city treasurer” mean the county treasurer or district finance officer.
(g) “Auditor” means the county auditor or district finance officer.
(h) “Budget law” means Chapter 1 (commencing with Section 29000) of Division 3 of Title 3 of the Government Code.
(I) “Uniform District Election Law” means Part 3 (commencing with Section 23500) of Division 12 of the Elections Code. (Amended Stats. 1967, Chapter 29, §48.)

Article 3. General Administrative Provisions

Sec. 26. The board is the governing body of the district and shall consist of five (5) members, one of whom shall be president. The officers of the district are the five members of the board and a secretary. The district may have a finance officer, and other officers as the board may from time to time create. (Amended, Stats. 1967, Chapter 29, §48.1.)

Sec. 27. Repealed. (Stats. 1967, Chapter 29, §48.2.)

Sec. 28. The directors, excepting the first board, shall be voters.

Sec. 29. Repealed. (Stats. 1967, Chapter 29, §48.3.)

Sec. 30. All vacancies occurring in the office of director shall be filled by appointment by the remaining directors.

Sec. 31. An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the qualification of his successor.

Sec. 32. Once each year, the board shall elect one of its members to serve as president, shall appoint a secretary and shall fill any other offices as it may from time to time create.

Sec. 33. The president shall be a member of the board and the secretary may be a member of the board.

Sec. 34. The board shall act only by ordinance, resolution, motion, or contract.

Sec. 35. A majority of the board shall constitute a quorum for the transaction of business.

Sec. 36. No ordinance, resolution, motion, or contract shall be passed or become effective without the affirmative vote of at least the majority of the members of the board.

Sec. 37. Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, motions, or contracts and entered upon the minutes of the board

Sec. 38. The enacting clause of all ordinances passed by the board shall be “Be it ordained by the Board of Directors of the Bethel Island Municipal Improvement District, as follows:”.

Sec. 39. All ordinances shall be signed by the president and attested by the secretary.

Sec. 40. All legislative sessions of the board shall be public.

Sec. 41. The board, by ordinance, shall provide for the time and place of holding its regular meetings, the manner of calling special meetings, and shall establish rules for its proceedings.

Sec. 42. Each officer shall receive such compensation as the board shall, by ordinance, establish.

Sec. 43. All contracts, deeds, warrants, releases, receipts, and documents shall be signed in the name of the district by the president and countersigned by the secretary.

Sec. 44. If allowed by the board, a director may receive traveling and other expenses incurred by him when acting for the board, and compensation for any other services rendered by him for the district.

Sec. 45. The finance officer shall serve at the pleasure of the board. He and the secretary shall receive such compensation as the board shall determine.

Sec. 46. The county treasurer, county auditor, and county tax collector shall be ex officio officers of the district, when acting.

Sec. 47. All county officers shall be liable under their several official bonds for the faithful discharge of the duties imposed upon them by this act.

Sec. 48. In addition to the duties prescribed herein the officers of the district shall have such duties as are prescribed by the board.

Article 4. Elections

Sec. 55. A general district election governed by the provisions of the Uniform District Election Law shall be held on the first Tuesday after the first Monday in November of each odd numbered year. (Amended, Stats.1967, Chapter 29, §49.)

Sec. 56. A special election may be called by the board to be held at any time.

Sec. 57. The hours during which the polls shall be opened at any special district election shall be as established by the board. (Amended Stats. 1967, Chapter 29, §50.)

Sec. 58. Notices of special elections shall be given as nearly as practicable in accordance with the general laws regarding notices of municipal elections. (Amended Stats. 1967, Chapter 29, §51.)

Sec. 59. Repealed. (Stats. 1967, Chapter 29, §52.)

Sec. 60. Repealed. (Stats. 1967, Chapter 29, §53.)

Sec. 61. Repealed. (Stats. 1967, Chapter 29, §54.)

Sec. 62. Repealed. (Stats. 1967, Chapter 29, §55.)

Sec. 63. Repealed. (Stats. 1967, Chapter 29, §56.)

Sec. 64. A majority of the votes cast shall be required to approve a proposition. (Amended, Stats. 1967, Chapter 29, §56.5.)

Sec. 65. Repealed. (Stats. 1967, Chapter 29, §57.)

Sec. 66. Repealed. (Stats. 1967, Chapter 29, §58.)

Sec. 67. Except as provided in this act, a special district election shall be conducted as nearly as practicable in accordance with the election laws for cities. (Amended Stats. 1967, Chapter 29, §59.)

Article 5. Powers

Sec. 75. The district may use a seal, alterable at the pleasure of the board.

Sec. 76. The district may sue and be sued by its name.

Sec. 77. The district may acquire, construct, reconstruct, alter, enlarge, lay, renew, replace, maintain and operate facilities for the collection, treatment, and disposal of sewage, industrial wastes, storm water, garbage, and refuse; the production, storage, treatment, and distribution of water for public and private purposes; parks and playgrounds; airports; and works to provide for the drainage of roads, streets, and public places, including, but not limited to, curbs, gutters, sidewalks, and grading and pavement.

Sec. 78. The district may acquire, construct, maintain, and operate works, improvements, and facilities for the reclamation of submerged or other lands by watering or dewatering, including grading, excavation, fill, levees, bulkheads, walls of rock or other materials, water pumping facilities and equipment, and all works and facilities incidental to or necessary or useful therefore.

Sec. 79. The district may take, acquire, hold, use, lease, and dispose of property of every kind within or without the district, necessary, expedient, or advantageous to the full exercise and economic enjoyment of its purposes and powers.

Sec. 80. The district may exercise the right of eminent domain for the condemnation of private property for public use, within but not without the county in which the district is located. The board has the same rights and powers with respect to the taking of property for public uses of the district as are now or may hereafter be conferred by general law on the legislative body of a city. The provisions of Title 7 (commencing at Section 1237) of Part 3 of the Code of Civil Procedure shall apply.

Sec. 81. Notwithstanding the provisions of Sections 79 and 80 of this act, the district shall not acquire property located outside the district boundaries without first obtaining the consent of the board of supervisors of the county in which the property to be acquired is located.

Sec. 82. The district may make and accept contracts, deeds, releases, and documents that, in the judgment of the board, are necessary or proper in the exercise of any of the powers of the district.

Sec. 83. The district may co-operate and contract with the federal government of the United States and with the State of California, or with any county, municipal corporation, district, or other public corporation, or with any person, firm, or corporation, for the joint acquisition, construction, or use or aid in the cost of any facilities which the district has the power to acquire or construct under this act or for the providing of any service within the powers of the district.

Sec. 84. The district may borrow money and provide for its repayment in the manner provided in Article 7 (commencing at Section 53820) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.

Sec. 85. The district may guarantee the performance of any of its transactions.

Sec. 86. The district may incur bonded indebtedness and issue bonds in the manner herein provided.

Sec. 87. Bonds issued by the district shall be of the form and executed in the manner provided by the board.

Sec. 88. If any officer whose signature or countersignature appears on bonds or coupons ceases to be such officer before delivery of the bonds, his signature shall be as effective as if he had remained in office.

Sec. 89. Any bonds issued by the district are given the same force, value and use as bonds issued by any municipality and shall be exempt from all taxation within the State.

Sec. 90. The district may refund or retire any public indebtedness or lien that may exist or be created against the district or any property therein which shall have arisen out of the transaction of the affairs of the district.

Sec. 91. The district may issue warrants on any moneys in the district treasury in payment of district obligations. The warrants shall be registerable as provided for county warrants when not paid for want of funds. Demands allowed by the board shall be prepared, presented, and audited in the same manner as demands upon the funds of the county, but free of the limitation of any budget law.

Sec. 92. The district may cause special assessments to be levied and collected and issue bonds to represent unpaid assessments on the basis of benefit to the properties assessed for the purpose of financing the acquisition and construction of public improvements.

Sec. 93. The district may appoint, employ, and fix the compensation of engineers, attorneys, assistants, and other employees as it deems proper. The district may also appoint, employ, and fix the compensation of police officers who shall have the powers specified in Section 830.36 of the Penal Code. (Amended Stats. 1975, Chapter 1113, §1.)1

1Penal Code Section 630.36:

(a) Police officers appointed by the Bethel Island Municipal Improvement District pursuant to Section 93 of Chapter 22 of the Statutes of 1960, First Extraordinary Session, are peace officers; provided, that the primary duty of any such peace officer shall be the enforcement of laws relating to the district and ordinances of the district.

(b) The authority of any such peace officer extends to any place in the state; provided, that except as otherwise provided in this section, Section 830.6, or Section 1509.7 of the Military and Veterans Code, any such peace officer shall be deemed a peace officer only for purposes of his primary duty, and shall not act as a peace officer in enforcing any other law except:

(1) When in pursuit of any offender or suspected offender; or

(2) To make arrests for crimes committed, or which there is probable cause to believe have been committed, in his presence while he is in the course of his employment; or [end of statute] (Added by Stats. 1975, Chapter 1113, §2.)

Sec. 94. The district may sell any effluent or other product resulting from the operation of any treatment or disposal plant or facility constructed or acquired by or for the district.

Sec. 95. The district may take out insurance in the form and in the amounts as the board may deem necessary for the adequate protection of the district’s property, officers, employees, and interests.

Sec. 96. The district may make and enforce all necessary and proper regulations, not in conflict with the laws of this State, for the removal of garbage and refuse and the supplying of sewage, water, storm water and reclamation service. A violation of a regulation of the district is an infraction punishable as provided in Sections 19c and 19d of the Penal Code and as provided in subdivision (b) of Section 36900 of the Government Code. A violation of a regulation of the district governing the supplying of storm water or reclamation service shall also constitute a public nuisance and may be summarily abated by the district pursuant to Article 6 (commencing with Section 38771) of Chapter 10 of Part 2 of Division 3 of Title 4 of the Government Code, or as provided by Title 2 (commencing with Section 3479) of Part 3 of Division 4 of the Civil Code. A regulation of the board shall be adopted by ordinance and shall be posted for one week in three public places in the district and shall take effect upon expiration of the week of such posting. A subsequent finding of the board, entered in its minutes, that posting has been made is conclusive evidence that the posting has been properly made. (Amended Stats. 1982, Chapter 336, §1; Stats. 1989-90, Chapter 789, §24.)

Sec. 97. The district may compel all residents and property owners in the district to connect their houses, habitations, and structures requiring sewage or drainage disposal service with the sewer and storm drains of the district, and to use district garbage and refuse removal service and facilities.

Sec. 98. The district may prescribe, revise, and collect charges for services and facilities furnished by it for the regulation thereof and for revenue. Charges may be collected either singly or collectively, and the board may establish rules governing their levy and collection.

Sec. 99. In the application of any law to this district, said law shall be as then amended.

Sec. 100. The reclamation district is merged with the district and the title to all property held by or for it is vested in the district and all of its obligations are obligations of the district.

Article 6. General Obligation Bonds

Sec. 105. The district may issue bonds as provided in this article for any of the purposes stated in Sections 77, 78, 79, and 80.

Sec. 106. By resolution, when in its judgment it is advisable, the board may call an election and submit to the voters of the district the question of whether bonds shall be issued.

Sec. 107. The resolution calling the election may submit as one proposal the question of issuing bonds to make all the outlays or so many of them as may be selected, or the resolution may submit at the election as separate questions the issuance of bonds for any of the outlays singly or in combination.

Sec. 108. Notices of bond elections shall be given as nearly as practicable in accordance with the general laws regarding notices of municipal elections.

Sec. 109. The vote shall be by ballot, without reference to the general law in regard to the form of ballot. The ballot shall contain the words “Bonds—Yes” and “Bonds—No,” and the person voting at the election shall put a cross (+) upon his ballot after the “Yes” or “No” to indicate whether he has voted for or against the bonds.

Sec. 110. Following the close of the polls the officers of election shall canvass the ballots. The ballots and returns shall be sealed and delivered to the secretary or president. The board shall meet and canvass the returns and enter the returns in its minutes.
The entry is conclusive evidence of the fact and regularity of all prior proceedings, and of the facts stated in the entry. No informality shall affect the validity of said bonds.

Sec. 111. Except as herein provided, the election shall be conducted as nearly as practicable in accordance with the general laws for cities.

Sec. 112. If, at the election, two-thirds of the votes cast are in favor of the issuance of bonds, the board may issue and dispose of the bonds.

Sec. 113. Bonds issued by the district under the provisions of this article shall be of such denomination as the board determined except that no bonds shall be of a denomination less than one hundred dollars ($100) or greater than one thousand dollars ($1000).

Sec. 114. The bonds shall be payable in lawful money of the United States at the office of the treasurer or at such other place, depositary, paying agent or fiscal agent within or without the State of California as may be designated by the board, and bear interest at a rate not exceeding six percent (6 %) per annum, payable semiannually in like lawful money, except the first year which may be for more or less than one year.

Sec. 115. No bonds shall be payable in installments, but each shall be payable in full on the date specified therein by the board. The board may provide that all bonds issued by the district may be subject to retirement at anytime prior to maturity, in which event they shall so state on their face.

Sec. 116. Each bond shall be signed by the president and countersigned by the secretary. The signature of the president on the bonds and of the secretary on the coupons may be printed, lithographed, or engraved and such shall constitute due execution.

Sec. 117. The bonds shall be numbered consecutively, beginning with number one, and shall have coupons attached referring to the number of the bond.

Sec. 118. Before selling the bonds, or any part thereof, the legislative body shall give notice inviting sealed bids in such manner as the legislative body may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received, or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, the legislative body may reject all bids received, if any, and their readvertise or sell the bonds at private sale.

Sec. 119. The term of bonds issued shall not exceed forty (40) years.

Sec. 120. The resolution providing for the issuance of the bonds, by its adoption, shall be conclusive evidence of the regularity of said bond proceedings.

Sec. 121. The board may, in its, discretion, before or after issuance, commence in the superior court of the county, a special proceeding to determine its right to issue the bonds and their validity, similar to the proceedings in relation to irrigation bonds, provided for by the Irrigation District Law, Division 11 (commencing at Section 20500) of the Water Code and all supplementary acts, and all their provisions apply to and govern the proceedings to be commenced by the board, so far as applicable. The judgment has the same effect as a judgment in relation to irrigation bonds under the provisions of that law. The board may use the same procedure to validate the creation of the district and any annexation thereto.

Sec. 122. An issue of bonds is the aggregate principal amount of all bonds authorized to be issued in accordance with proposals submitted to and approved by the voters of the district, but no indebtedness will be deemed to have been contracted until bonds shall have been sold and delivered and then only to the extent of the principal amount of bonds sold and delivered.

Sec. 123. The board may, in its discretion, divide the aggregate principal amount of an issue into two or more divisions or series and fix different dates for the bonds of each separate division or series. In the event any authorized issue is divided into two or more divisions or series, the bonds of each division or series may be made payable at the time or times as may be fixed by the board separate and distinct from the time or times of payment of bonds of any other division or series of the same issue.

Article 7. Improvement District Bonds

Sec. 130. Bonds of a portion of the district may be authorized and proceedings therefor shall be had in the manner now or hereafter provided for the issuance of bonds for a portion of a county water district. When revenue bonds of a portion of the district are issued under Article 8 hereof, the election shall be held in such portion only.

Article 8. Revenue Bonds

Sec. 135. The district may create revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within its powers.

Sec. 136. Proceedings for the authorization, issuance, sale, security, and payment of revenue bonds shall be had, the board shall have the powers and duties, and the bondholders shall have the rights and remedies, all in substantial accordance with and with like legal effect as provided in the Revenue Bond Law of 1941, Chapter 6 (commencing at Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code; provided, however, that qualified voters at the election therein provided shall be voters as defined in this act, and the method of voting shall be as herein provided. As used therein the word “resolution” shall mean ordinance, the words “local agency” shall mean district, and the words “legislative body” shall mean board.

Article 9. Assessment Bonds

Sec. 150. The Municipal Improvement Act of 1913, Division 12 (commencing at Section 10000) of the Streets and Highways Code, the Improvement Act of 1911, Division 7 (commencing at Section 5000) of the Streets and Highways Code, the Street Opening Act of 1903, Part 1 (commencing at Section 4000) of Division 6 of the Streets and Highways Code, and die Improvement Bond Act of 1915, Division 10 (commencing at Section 8500) of the Streets and Highways Code, as now or hereafter provided, are applicable to the district.
Sec. 151. The provisions of any act to the contrary, it shall not be necessary to obtain the consent of the county to conduct assessment proceedings. No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of the assessment and the diagram attached thereto shall be recorded in the office of the district engineer and in the office of the county surveyor of the county.

Article 10. Refunding

Sec. 160. An outstanding indebtedness of the district or of an improvement district therein, heretofore or hereafter incurred, may be funded or refunded in the manner provided for cities in Article 3 (commencing at Section 43720), Chapter 4, Division 4, Title 4 of the Government Code.

Sec. 161. An outstanding indebtedness of the district or of an improvement district therein, heretofore or hereafter incurred, may be funded or refunded in the manner provided in Article 11 (commencing at Section 54660), Chapter 6, Part 1, Division 2, Title 5 of the Government Code.

Sec. 162. When the obligation to be funded or refunded is an obligation of an improvement district, and is to be funded or refunded under Section 160 or 161 as an obligation of the improvement district or of a special fund thereof, the election to authorize the funding or refunding, when required, shall be held only in the improvement district. No election shall be required to refund bonds formerly authorized by electoral vote of the district or of an improvement district therein.

Sec. 163. All funding or refunding bonds issued under Section 160 or 161 may be made to mature at such amount per year as the board shall determine, and may be issued and sold at the prices and in the manner provided in Article 6 hereof.

Sec. 164. An outstanding indebtedness of the district or an improvement district therein, heretofore or hereafter incurred, may be refunded in the manner provided in Chapter 5 (commencing at Section 59100), Division 1, Title 6 of the Government Code, and the provisions thereof, as supplemented by the following provisions of this article, shall apply.

Sec. 165. The words and phrases defined in the Improvement Act of 1911 and the Improvement Bond Act of 1915 shall be construed to have the same meaning when used in this article as is ascribed to them in such acts so far as property applicable.

Sec. 166. “Bonds” includes warrants, demand or time, whether payable from fixed lien or ad valorem assessments which have been or may be levied therefore, and any fixed lien assessments which have been levied therefore, and accrued interest and penalties on the warrants and the assessments.

Sec. 167. “Improvement” includes any lawful purpose for which warrants have been or may be issued.

Sec. 168. When no newspaper is published in the local agency, publication shall be had in a newspaper published in the county in which it or the major portion of it is located.

Sec. 169. Where, under the law pursuant to which the bonds to be refunded were issued, said bonds and the interest thereon are provided to be payable from assessments, levied of to be levied, that are ad valorem in nature or an assessment valuation per acre, the consents shall be by the owners owning taxable land and improvements thereon in the district having an assessed valuation equal to a majority of the assessed valuation of all taxable lands and improvements in the district as shown on the last equalized county tax roll.

Sec. 170. Owners of land are those who appear to be such as shown on said roll, or their successor in interest. If any person signing a consent is a joint tenant or a tenant in common the property shall be counted as if all of the owners thereof had signed. The signature of a husband or wife shall be sufficient in the case of community property.

Sec. 171. The assessment shall be recorded by the engineer of the district and he shall perform all services herein otherwise provided to be performed by the superintendent of streets or county surveyor. A copy of the assessment shall also be recorded by the county surveyor.

Sec. 172. The board may, by resolution, provide that payments shall be made to the auditor or tax collector of the district, in which case he shall act in lieu of the person herein otherwise provided, and his official bond shall apply.

Sec. 173. The board may contract with a bank that payments be made to it as a fiscal agent, in which case it shall act in lieu of the person herein otherwise provided.

Sec. 174. When the reassessment has been recorded, the board shall cause to be canceled all fixed lien assessments which have been levied, the proceeds of which were to be used to pay the principal and interest of the bonds to be refunded.

Sec. 175. Bond Plan A bonds shall be payable to bearer.

Article 11. Taxation-County Roll

Sec. 180. The lien for taxes for the first fiscal.year in which a district tax may be levied shall attach on the first Monday in March or on the date the district is created, whichever is later. It shall not be necessary to make or file a notice of the creation of this district.

Sec. 181. Annually, at least fifteen (15) days before the first day of the month in which the board of supervisors is required by law to levy the amount of taxes required by law for county purposes, the board shall furnish to the board of supervisors a written statement of the following:

1. The amount necessary to pay the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy.

2. The amount necessary to maintain, operate, extend, or repair any work or improvements of the district, and to defray all other expenses incidental to the exercise of any of the district powers or to pay any existing obligations of the district, not to exceed two dollars ($2) per one hundred dollars ($100) assessed valuation of taxable property in the district.

Sec. 182. The board of supervisors shall at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real and personal property in the district, based upon the last equalized assessment roll of the county, sufficient to-pay the amounts set forth in the statement of the board.

Sec. 183. If the board fails to furnish the written statement, the board of supervisors shall ascertain the amount necessary to pay the interest on the bonds for that year and the portion of the principal that is to become due before the proceeds of the next general tax levy shall become available, and shall levy and cause to be collected the amount.

Sec. 184. The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected, shall be paid into the county treasury to the credit of the proper district fund, as provided in Article 13. The board shall control and order its expenditure.

Sec. 185. The principal and interest on district bonds shall be paid by the treasurer, if payable at his office, in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county, unless said bonds shall be made payable elsewhere.

Sec. 186. Compensation to the county for the performance of services described in this article shall be fixed by the parties.
Article 12. Alternative Tax Procedure

Sec. 190. The alternative procedure of the County Water District Law for the Levy and collection of district taxes shall apply.

Article 13. Funds

Sec. 195. In a fund called the “Bethel Island Municipal Improvement District General Fund,” the treasurer shall place and keep the money levied by the board for that fund.

Sec. 196. The proceeds of the sale of revenue bonds or general obligation bonds or proceeds or special assessments levied by the board shall be deposited with the treasurer and shall be placed in a fund to be called the “Bethel Island Municipal Improvement District Construction Fund No. __” (inserting number).

Sec. 197. The money in any construction fund shall be used for the purpose indicated in the resolution calling the election upon the question of the issuance/ bonds, or for the purpose described in the resolution of intention in the assessment proceedings, or for repayment of money borrowed for the purpose of financing the improvement for which bonds were subsequently issued or the assessment levied.

Sec. 198. The bond moneys may also be used for interest and working capital for the period of construction and for twelve (12) months thereafter, and also to pay the costs of their authorization and issuance including fees for legal, engineering, fiscal, economic or other service.

Sec. 199. Any money in the construction fund determined by resolution of the board to be in excess of the amounts required for completion of the improvement authorized may, by the resolution so determining, be transferred to any; other fund of the district and be used for any lawful purpose.

Sec. 200. In a fund called the “Bethel Island Municipal Improvement District Bond Fund, _____” (inserting series number), the treasurer shall keep money levied or collected for that fund.

Sec. 201. No part of the money belonging in the bond fund may be transferred to any other fund or be used for any purpose other than the payment of principal and interest of the bonds of the district, or for repayment of money borrowed for the purpose of paying the principal and interest of the bonds of the district, until said bonds are fully paid, at which time it may be transferred to any other fund.

Sec. 202. The budget law shall not apply to the district.

Article 14. Alternative Depositary of District Money

Sec. 210. The provisions of this article are alternative or supplemental to those providing for the use of the county treasury.

Sec. 211. The board may by resolution designate a bank as depositary of any or all of its funds. No question of interest shall affect such appointment. If the depositary is not designated for all of its funds, it shall designate what funds are to deposited with the depositary. The county treasurer shall be the depositary for all funds not so designated.

Sec. 212. The charges of any depositary selected shall be a proper expense of the district.

Sec. 213. If the board appoints a depositary, it shall appoint a person who shall be known as finance officer, who shall serve at its pleasure. It shall fix the amount of his compensation. It shall fix the amount of and approve his bond. He may, but need not be a member of the board, or his office may be consolidated with that of the secretary.

Sec. 214. Bond principal and interest and salaries shall be paid when due. All other claims and demands shall be approved in writing or in open meeting by a majority of the members of the board.

Sec. 215. Warrants shall be drawn by the finance officer and signed by the president and secretary, or one of them and one member of the board.

Sec. 216. The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district.

Sec 217. The finance officer shall make annual or earlier written reports to the board, as it shall determine, as to the receipts and disbursements and balances in the several accounts under his control. The report shall be signed by him and filed with the secretary.

Article 15. Changes in Organization

Sec. 220. Territory may be annexed to or detached from the district, if such territory would qualify for annexation to or detachment from a county water district, and other changes or reorganizations may be made, all in the manner and as provided in Division 1 (commencing at Section 56000) of Title 6, Government Code. (Amended Stats. 1965, Chapter 2043, §_.)

Sec. 221. Repealed. (Stats. 1965, Chapter 2043, §476.)

Sec . 222. Repealed. (Stats. 1965, Chapter 2043, §477.)

Sec. 223. Repealed. (Stats. 1965, Chapter 2043, §478.)

Sec. 224. Repealed. (Stats. 1965, Chapter 2043, §479.)

Sec. 225. Repealed. (Stats. 1965, Chapter 2043, §480.)

Sec. 226. Repealed. (Stats. 1965, Chapter 2043, §481.)

Sec. 227. Repealed. (Stats. 1965, Chapter 2043, §482.)

Article 16. When in Effect

Sec. 230. This act shall not become operative unless and until it has been ratified by a majority of the electors within the district voting on the proposition therefor at an election called and held in the district.

Sec. 231. Said election may be called and held at any time following the passing of this act and its filing with the Secretary of State. If it is ratified prior to 90 days after the adjournment of the session at which it was adopted, it shall be effective upon the expiration of said time. If it is not ratified until subsequent to said time it will be effective upon such ratification.

Sec. 232. The proposition to be submitted at such election shall read: “Shall the creation of the Bethel Island Municipal Improvement District by the State Legislature, and the merger of Reclamation District No. 1619 therein, be ratified?”

Sec. 233. The election at which said proposition shall be submitted shall be called and held as a special election in the manner provided in Article 4 hereof.

Article 17. Need for Special Act

Sec. 240. The purpose of this act is to form the Bethel Island Municipal Improvement District in order that the area benefited may be provided with various municipal improvements. Special facts and circumstances, applicable to the general area within which the district lies and not generally, make the accomplishment of this purpose impossible under existing general laws and therefore special legislation is necessary. The special facts are as follows:

(a) The area has no facilities for the treatment and disposal of sewage and, in its development, will consequently contaminate the waters of the State.

(b) The area is without an adequate water supply, storage and distribution system for public and private purposes.

(c) The area is protected by a system of levees from overflow by water. With a population of 2,500, there is urgent need to supplant the reclamation district with a popular vote form of district.

(d) There is urgent need for the improvements which the district is empowered to construct under this act, but other municipal powers which could be exercised by a city are not required, and would result in more government than the area needs or wants.

(e) There are not existing general laws under which the area could be provided with the facilities it needs short of incorporation as a city. Therefore, the only way in which the particular needs of the area can be provided is the special act.