SECTIONS 55180-55187 - California Statutes

WATER CODE

SECTION 55180-55187

55180. Unless the board of supervisors proceeds pursuant to Section
55161, the board of supervisors shall, by ordinance or resolution
adopted at a regular or special meeting after having acquired
jurisdiction to proceed in the formation of a district, provide for
and order the holding of a special election in the proposed district
to submit to the qualified voters thereof the proposition of forming
the district and incurring a debt by the issuance of bonds of the
district for the purposes set forth in the petition for the formation
of the district, if a bonded indebtedness is to be incurred.

55181. The ordinance or resolution calling the special election
shall also recite the objects and purposes for which any proposed
indebtedness is to be incurred, the estimated cost of the proposed
improvement, the amount of the principal of the indebtedness to be
incurred therefor, and the rate of interest to be paid on the
indebtedness, and shall fix the date on which the special election
shall be held, the manner of holding it, and the manner of voting for
or against the proposition.

55182. If a statement is made in the formation petition that taxes
shall be levied upon the land within the district and upon no other
property, the board of supervisors shall recite the statement in any
resolution, ordinance, or order adopted or entered pursuant to this
chapter.

55183. For the purposes of the election, the board of supervisors
shall, in the ordinance or resolution, establish one or more
precincts within the boundaries of the proposed district, designate a
polling place, and appoint one inspector, one judge and one clerk
for each precinct.

55184. The ordinance or resolution ordering the holding of the
election shall, prior to the date set for the election, be published
pursuant to Section 6066 of the Government Code in a newspaper of
general circulation printed and published in the county and
designated by the board of supervisors for that purpose, and shall be
posted in three of the most public places in the proposed district
at least 10 days prior to the date set for the election. No other
notice of the election need be given.

55184.1. Within five days after the district formation election has
been called, the legislative body which has called the election
shall transmit, by registered mail, a written notification of the
election call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.

55184.2. The board of supervisors or any member or members of the
board authorized by the board, or any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.

55184.3. If more than one argument for or more than one argument
against the proposed district formation is filed with the election
officials within the time prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.

55184.4. The officials in charge of conducting the election shall
cause a ballot pamphlet concerning the district formation proposition
to be voted on to be printed and mailed to each voter entitled to
vote on the district formation question.
The ballot pamphlet shall contain the following in the order
prescribed:
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The election officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.

55185. In all particulars not recited in the ordinance or
resolution, the election shall be held as provided by law for holding
general elections in the county.

55186. If at the election a majority of the votes cast are in favor
of the formation of the district and the incurring of the bonded
indebtedness, if any is proposed, the board of supervisors shall
enter an order to that effect upon its minutes, declaring the
district formed, and the board may thereupon issue bonds of said
district for the amount specified in the proceedings, payable out of
funds of the district, provided as prescribed in this division.

55186.5. The county clerk of the county shall immediately file with
the Secretary of State a certificate listing:
(a) The name of the district.
(b) The date of formation.
(c) The county in which the district is located, and a description
of the boundaries of the district, or reference to a map showing
such boundaries, which map shall be attached to the certificate, or
reference to the county recorder's office where a description of such
boundaries has been recorded.
If the order declaring the district formed contains all of the
information required to be in the certificate, the county clerk may
file a copy of the order in lieu of the certificate.

55187. All acts and proceedings heretofore or hereafter taken by or
on behalf of a county waterworks district for the formation of a
district or for the annexation to an existing district and for the
authorization, issuance, sale, or exchange of bonds of the district
or for the annexed territory may be confirmed, validated, and
declared legally effective in the manner provided in this section.
The board may instruct the clerk of the board to mail a notice to
all owners of property within the county waterworks district, as
their names and addresses appear on the last equalized county
assessment roll, or as known to the clerk. Such notice shall include
the name of the district, the date the district was ordered formed or
the date of the annexation to an existing district, the amount of
bonds authorized, and a statement that, commencing with the date of
mailing of said notice there shall be a 60-calendar-day period during
which period any property owner may file an action contesting the
validity of the district's formation, the annexation to an existing
district or the bond authorization. The clerk shall make and file,
with the board a certificate of mailing of the notices. The board may
order the clerk to include such other additional information that it
deems pertinent.
If no action is filed during the 60-day period, the district's
formation or the annexation to an existing district and the bond
authorization are valid and uncontestable.