Municipal Code, Complete - City of Santa Barbara

10.68.540 Determination and Order.
At the conclusion of the hearing, the Council shall adopt a resolution either disapproving the proposed
consolidation or ordering the consolidation. (Ord. 3475 §7, 1971.)
10.68.550 Filings.
If the resolution orders the consolidation, certified copies thereof, together with a map showing the boundaries of
the consolidated district, shall be filed in the offices of the County Assessor of the County of Santa Barbara and the
State Board of Equalization, pursuant to Section 54900 and following of the Government Code of the State of
California. (Ord. 3475 §8, 1971.)
10.68.560 Effect of Consolidation.
From and after the effective date of the order of consolidation, all properties in the consolidated district shall be
entitled to all of the benefits and shall be subject to all of the liabilities, including bonds, contracts, and other
obligations, of each of the two (2) pre-existing districts. All revenues appropriated or pledged to the payment of
bonds of either district shall be consolidated and applied to the payment of principal and interest on the bonds of both
districts and a uniform rate of ad valorem assessment shall be applied against all properties in the consolidated district
subject to such assessment, to pay such portion of said principal and interest which is not paid from said revenues or
other sources. (Ord. 3475 §9, 1971.)
10.68.570 Nature of Consolidated District.
The consolidated district shall have all of the powers, characteristics, and features of each of the pre-existing
districts consolidated. Bonds, contracts, or other obligations of either of said pre-existing districts shall continue to be
valid and subsisting legal obligations of said consolidated district in accordance with their tenor. (Ord. 3475 §10,
1971.)
10.68.580 Rights of Creditors and Bondholders - Enforcement - Districts Liable.
No consolidation proceeding, or any provision thereof, shall impair the rights of any bondholder or other creditor
of the City or either pre-existing district. Notwithstanding any provision of Sections 10.68.480 through 10.68.620, or
of any consolidation proceeding, or any provision thereof, each and every bondholder or other creditor may enforce
all his rights in the same manner and to the same extent as if such consolidation or provision had not been made.
(Ord. 3475 §11, 1971.)
10.68.590 Limitation of Actions.
No action, suit, proceeding or defense to set aside, cancel, void or otherwise attack the validity of proceedings for
consolidation of districts under Sections 10.68.480 through 10.68.620 shall be maintained by any person unless such
action, suit, proceeding or defense is commenced or made within thirty (30) days after the date of adoption of the
resolution ordering the consolidation. Unless such action, suit, proceeding, or defense is commenced or made
within the period provided in this section, said consolidation proceedings and the resulting consolidated district shall
thereafter be deemed valid and incontestable. (Ord. 3475 §12, 1971.)
10.68.600 Construction.
Sections 10.68.480 through 10.68.620 shall be liberally construed to effectuate their purposes. No consolidation
proceeding under Sections 10.68.480 through 10.68.620 shall be invalidated by any defect, error, irregularity or
omission in any act, determination or procedure which does not adversely and substantially affect the rights of any
person, city, county, district, the State or any agency or subdivision of the State. All determinations made by the
Council under and pursuant to the provisions of Sections 10.68.480 through 10.68.620 shall be final and conclusive in
the absence of fraud or prejudicial abuse of discretion. In any action or proceeding to review any quasi-judicial
determination made by the Council the sole inquiry shall be whether there was fraud or prejudicial abuse of
discretion. (Ord. 3475 §13, 1971.)
10.68.610 Validating Proceeding.
An action to determine the validity of any consolidated district or proceeding therefor under Sections 10.68.480
through 10.68.620 may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure. (Ord. 3475 §14, 1971.)
269 rev. 12/31/95