SECTIONS 38730-38745 - California Statutes

GOVERNMENT CODE

SECTION 38730-38745

38730. A city may acquire by gift, purchase, or condemnation,
water, water rights, reservoir sites, rights of way for pipes,
aqueducts, flumes, or other conduits, and all other property and
appliances suitable and proper to supply water for the use of the
city and its inhabitants.

38731. Two or more cities may jointly acquire and develop a source
of water supply for municipal and domestic purposes and construct the
works necessary for their joint and several purposes and needs.

38732. When a city legislative body deems it advisable to
investigate the desirability of joint action with any other city for
acquiring and maintaining a water supply, the legislative body shall
pass a resolution so stating. With the consent and advice of the
legislative body, the mayor shall appoint three commissioners to
confer with like commissioners from the other city.

38733. The commissioners from the several cities shall meet and
consider the desirability of the joint acquisition and development of
a water supply and the plans and terms they deem feasible and
equitable. If they agree upon the plans and terms, they shall report
them to their legislative bodies.

38734. If the legislative bodies approve the plans and terms
reported by the commissioners, they shall declare their approval by
resolution and submit them to the qualified voters of their
respective cities for approval or rejection at the next city election
or at a special election called for that purpose.

38735. If the terms and plans are approved by a majority of the
voters voting on the proposition at the election, the cities may
begin developing or acquiring the water supply in accordance with the
plans and terms.

38736. Any city may issue bonds to complete the acquisition of a
water supply jointly with other cities. All proceedings relating to
the issue of such bonds shall be taken pursuant to law for the issue
of bonds to acquire a water supply.

38737. Joint ownership and costs shall be restricted to those
portions of the sources and works which are common to all the cities
served. Each city shall exclusively own, construct, and operate those
sources and works which are for its exclusive use.

38738. The apportionment of all costs of acquisition, construction,
operation, and maintenance of the joint properties shall be made
upon the basis of the amount of water proposed to be apportioned to
the several cities, unless a different apportionment of costs is
agreed upon.

38739. The total costs of works which exclusively serve one city
shall be borne by that city exclusively.

38740. The plans and terms or other agreement for acquiring the
water supply may be modified by agreement between the cities, as
declared by the legislative bodies.

38741. Before a resolution or ordinance relating to the joint
acquisition of a water supply is binding upon a city, it shall be
approved by the mayor or passed over his veto pursuant to the charter
provision or general law for the passage of ordinances.

38742. The legislative body of any city may:
(a) Contract for supplying the city with water for municipal
purposes.
(b) Acquire, construct, repair, and manage pumps, aqueducts,
reservoirs, or other works necessary or proper for supplying water
for the use of the city or its inhabitants or for irrigating purposes
in the city.
(c) Use any portion of the revenues from any water works or water
supply or distribution facilities, including but not limited to water
works or water supply or distribution facilities acquired or
constructed with funds from bonds issued under an act entitled "An
act to provide for the formation of districts within municipalities
for the acquisition or construction of public improvements, works and
public utilities; for the issuance, sale and payment of bonds of
such districts to meet the cost of such improvements; and for the
acquisition or construction of such improvements," approved April 20,
1915, the Municipal Improvement District Act of 1927, an act
entitled "An act to provide for the formation of districts within
municipalities for the acquisition, construction or extension of
water works, water systems or water distribution systems; for the
issuance, sale and payment of bonds of such districts to meet the
cost of such water works, water systems or water distribution
systems; and for the acquisition, construction or extension of such
water works, water systems or water distribution systems" approved
April 26, 1935, or from general obligation bonds of the city, for the
payment of principal and interest of any of such bonds or any other
bonds authorized by vote of electors and issued to acquire or
construct any water works or water supply or distribution facilities
within the city.
(d) Enter into agreements with, and accept financial or other
assistance from, the United States or a federal department or agency,
for the acquisition, construction, maintenance, and operation of the
city water system and the sale and distribution of water from the
system.

38743. A city may, pursuant to the notice, protest, and hearing
procedures in Section 53753, fix, on or before the first day of July
in each calendar year, an annual water service standby or immediate
availability charge to be applied on an area or frontage or parcel
basis, or a combination thereof, within the city to be charged to
such areas to which water service is made available for any purpose
by the city, whether the water service is actually used or not. If
the procedures set forth in this section as it read at the time a
standby charge was established were followed, the city council may,
by resolution, continue the charge pursuant to this section in
successive years at the same rate. If new, increased, or extended
assessments are proposed, the city council shall comply with the
notice, protest, and hearing procedures in Section 53753. The city
council of a city which fixes such a charge may establish schedules
varying such charge according to the land uses and the degree of
availability or quantity of use of such water service to the affected
lands, and may restrict such charge to lands lying within one or
more zones or areas of benefits established within such city. The
council may not, however, fix a monthly charge in excess of ten
dollars ($10) per acre, either on an area or frontage basis, or in
excess of five dollars ($5) for a parcel or frontage of less than an
acre unless the standby charge is imposed pursuant to the Uniform
Standby Charge Procedures Act (Chapter 12.4 (commencing with Section
54984) of Part 1 of Division 2 of Title 5).
A city may collect the standby or availability charge by billing
the charged lands on a monthly or fiscal year basis.
A city may collect the standby or availability charge as a part of
the annual general county tax bill provided the city furnishes, on
or before August 10, in writing to the board of supervisors and to
the county auditor the description of each parcel for which a charge
is to be billed together with the amount of the charge applicable to
each parcel. The parcel description may be the parcel number assigned
by the county assessor to the parcel.
If the city collects standby charges through the county general
tax bill, the amount of the standby charge and any applicable penalty
shall be stated on the tax bill separately from all other taxes, if
practicable.

38744. If any water standby charge authorized to be collected
pursuant to Section 38743 remains unpaid on the first day of the
month before the month in which the board of supervisors of the
county in which the city is located is required by law to levy county
general taxes, a 6-percent penalty shall accrue upon the amount
unpaid. The amount of the unpaid standby charge, plus the penalty,
shall constitute a lien upon the land for which the standby charge is
unpaid and shall be collected in the same manner and at the same
time as that applicable for the collection of unpaid or delinquent
county general taxes. The amount of tax attributable to unpaid water
standby charges, and the penalty thereon, shall be stated on the
county tax bill separately from all other taxes. All laws applicable
to the levy, collection and enforcement of municipal ad valorem taxes
shall be applicable to the charges appearing on the tax bill, except
that if any real property to which such lien would attach has been
transferred or conveyed to a bona fide purchaser for value, or if a
lien of a bona fide encumbrancer for value has been created and
attaches thereon, prior to the date on which the first installment of
such taxes would become delinquent, then the lien which would
otherwise be imposed by this section shall not attach to such real
property and the unpaid water standby charges, and any penalty
thereon, relating to such property shall be transferred to the
unsecured roll for collection.
On or before August 10, the city council shall furnish in writing
to the board of supervisors and to the county auditor, respectively,
a description of each and every parcel of land within the city upon
which a standby charge remains unpaid, together with the amount of
the unpaid charge, plus the penalty on each parcel of land.

38745. Notwithstanding any other provision of law, the city council
of a city may, by resolution, establish zones or areas of benefit
within the city for purposes of restricting the imposition of the
water service standby or immediate availability charges authorized in
Section 38743 to lands within such zones according to the benefit
such land derives from the immediate availability of water, whether
such water is actually used or not.
Proceedings for establishment of such zones or areas of benefit by
resolution of the city council shall be initiated, conducted and
completed as follows:
(a) Such resolution shall:
(1) State that a zone or area of benefit within the city is
proposed to be established for the purposes enumerated in this
section, and describe the boundaries of the territory proposed for
inclusion in the area.
(2) State the name proposed for the area in substantially the
following form: "Water Service Zone (or Area of Benefit) No. ____."
(3) State the type or types of services already provided or
proposed to be provided within the area pursuant to this section.
(4) Fix a time and place for a public hearing on the establishment
of the area which shall be not less than 30 nor more than 60 days
after the adoption of the resolution.
(b) The city council shall publish notice of the hearing in a
newspaper of general circulation published in the city or if there is
no newspaper published in the city then it shall be published in a
newspaper of general circulation which is circulated in the area.
Publication shall be complete at least seven days prior to the date
of the hearing.
The notice shall:
(1) Contain the text of the resolution.
(2) State the time and place for the hearing.
(3) State that at the hearing the testimony of all interested
persons or taxpayers for or against the establishment of the area,
the extent of the area or the furnishing of specified types of
extended services will be heard.
(c) At the hearing protests against the establishment of the area,
the extent of the area or the furnishing of specified types of
services within the area may be made orally or in writing by any
interested persons or taxpayers. Any protests pertaining to the
regularity or sufficiency of the proceedings must be in writing and
must clearly set forth the irregularities and defects to which
objection is made. All written protests must be filed in the office
of the city council on or before the time fixed for the hearing. The
city council may waive any irregularities in the form or content of
any written protest and at the hearing may correct minor defects in
the proceedings.
Written protests may be withdrawn in writing at any time before
the conclusion of the hearing.