SECTIONS 55650-55679 - California Statutes

WATER CODE

SECTION 55650-55679

55650. Zones may be established within a district for any of the
following purposes:
(a) Incurring a bonded indebtedness within the zone sufficient to
pay the cost of constructing a water system and any other necessary
improvements incidental thereto for the purpose of supplying the
inhabitants of the zone with water, where the water system and the
improvements, in the judgment of the board, will not be of
district-wide benefit, and levying a special tax within the zone for
the payment of the principal and interest on the bonds.
(b) Fixing and collecting special rates or charges for the use and
supply of water furnished by the system of the district within the
zone, and applying the receipts from the special rates or charges to
the expense of constructing a water system, replacing a water system,
acquiring an existing water system, or extending or enlarging the
mains of an existing water system, where, in the judgment of the
board, the improvement will not be of district-wide benefit.
(c) Incurring a bonded indebtedness and levying a special tax
within the zone for payment of the principal and interest on the
bonds or fixing and collecting special rates or charges to finance
the construction, maintenance, and operation of sewage collection and
treatment facilities and disposal of effluent therefrom, where, in
the judgment of the board, the improvement will not be of
district-wide benefit.

55651. Zones may be established within the district by either of
the following methods:
(1) A petition for the formation of a zone within a district may
be presented to the board, signed by owners representing at least 25
percent of the total assessed valuation of the real property within
the proposed zone as shown by the last equalized assessment roll of
the county, or by not less than 25 percent of the taxpayers residing
within the proposed zone.
(2) A resolution may be adopted by the board containing the
matters required by Section 55652. If bonds are proposed to be issued
under the authority of Section 55677, the resolution shall state the
amount of the proposed indebtedness, the maximum maturity date, and
the maximum interest rate.

55652. The petition shall contain:
(a) The boundaries of the proposed zone.
(b) A general description of the improvement desired.
(c) An estimate of the cost of the proposed improvement and of the
incidental expenses in connection therewith.
(d) Either:
(1) A request that an election be called in the proposed zone for
the purpose of submitting to the qualified voters thereof the
proposition of establishing the zone and incurring a bonded
indebtedness therein, the principal and interest of which shall be
paid by special taxes levied on the taxable property in the zone, to
pay the cost and expense of the proposed improvement; or
(2) A request that an election be called in the proposed zone for
the purpose of submitting to the qualified voters thereof the
proposition of establishing the zone and fixing and collecting
special rates or charges therein for the use and supply of water and
applying the receipts therefrom to the cost and expense of the
proposed improvement. If the petition contains such a request, it
shall specify the maximum rate or charge permissible and the length
of time during which the special rates or charges may be made.

55653. The petition shall be accompanied by a map showing the
exterior boundaries of the district and of the proposed zone and
containing a general description of the proposed improvement.

55654. The failure of the petition to contain any of the matters
specified in Sections 55651 and 55652 shall not affect the legality
of the establishment of the zone if it is thereafter established.

55655. The petition shall be presented at a regular meeting of the
board, and the board shall thereupon set a time for hearing the
petition, which time shall be not less than 21 days nor more than 30
days after the date of presentation of the petition.

55656. Notice of the filing and hearing of the petition shall be
given by the clerk of the board by publishing in the county pursuant
to Section 6066 of the Government Code a notice containing a copy of
the petition, stating when the petition was filed, and specifying the
time set for the hearing of the petition and protests of interested
parties.

55657. The clerk shall also cause a notice, similar in substance,
to be posted in three of the most public places within the proposed
zone.

55658. The date set for the hearing shall be at least 13 days after
the date of the posting and the date of last publication of the
notice.

55659. A copy of the petition shall be filed with the county
engineer of waterworks districts, or district engineer if one has
been appointed, at least two weeks before the petition is presented
to the board. The county engineer of waterworks districts or district
engineer, as the case may be, shall prepare and file with the board,
at least one week before the date set for the hearing on the
petition, a report containing cost estimates and preliminary plans
and specifications for the proposed improvements, together with any
recommendations as to the boundaries of the proposed zone, and any
other pertinent information relating to the feasibility of the
proposed improvements or proposed zone. The engineer's report shall
be available in the office of the board for public inspection, and
may be considered by the board at the hearing on the petition.

55660. At the time fixed for the hearing, the board shall hear and
pass upon the petition and any protests in writing that have been
filed with the clerk before or at the time set for the hearing, and
its decision thereon shall be final and conclusive.

55661. If the board determines that the proposed improvement will
be of district-wide benefit, the proceedings shall terminate, and the
proposed zone shall not be established.

55662. If the board determines that the proposed improvement will
not be of district-wide benefit, the board may make such changes in
the boundaries of the proposed zone as may be deemed advisable and
shall define and establish the boundaries, but shall not modify the
boundaries so as to exclude from the proposed zone any territory
which will be benefited by the improvement, nor to include in the
proposed zone any territory which, in its judgment, will not be
benefited by the proposed improvement.

55663. The board shall not modify the boundaries except after
notice of its intention has been published pursuant to Section 6061
of the Government Code in a newspaper of general circulation printed
and published in the county and designated by the board for that
purpose, describing the proposed modification, and specifying a time
for hearing objections to the modification, which time shall be at
least 10 days after the publication of the notice.

55664. Written objections to the proposed modification may be filed
with the clerk of the board by any interested person at or before
the time set for hearing the objections.

55665. The board shall hear and pass upon the objections at the
time appointed, or at any time to which the hearing may be adjourned,
and its decision thereon shall be final and conclusive.

55666. If the objections, or any of them, be sustained, no further
proceedings pursuant to the petition shall be taken, but a new
petition for the same or a similar purpose may be filed at any time.

55667. If no protests are filed, or if all protests filed are heard
and denied, or if authorized modifications are made in the
boundaries of the proposed zone and the boundaries are finally
established, the board shall have jurisdiction to proceed.

55668. If the board determines that the petition is signed by
owners representing at least 60 percent of the total assessed
valuation of the real property within the proposed zone as shown by
the last equalized assessment roll of the county, or by at least 60
percent of the taxpayers resident within the proposed zone, as its
boundaries shall have been established upon the hearing on the
petition, the board may by resolution reciting the finding declare
that an election is unnecessary and that the zone is established.

55668.5. Notwithstanding Chapter 3 (commencing with Section 2201)
of Part 4 of Division 1 of the Revenue and Taxation code, or any
other provisions of law to the contrary, the board may levy, without
an election, a tax rate within a zone to pay the cost of interest and
redemption charges on bonded indebtedness incurred prior to July 1,
1974, where a valid petition is presented pursuant to Section 55668.
This section shall only apply the Ventura County Waterworks
District No. 1. It is hereby declared to be necessary to enact this
special law with respect to such district because of special facts
and circumstances existing therein:
It has recently been discovered that due to the lowering of the
water table, ranchers in certain areas of Ventura County are
threatened with drought and a loss of crops. In order to expedite the
provision of water to the areas, the landowners in the areas
petitioned for annexation to Ventura County Waterworks District No.
1, for the formation of improvement zones, and for authorization of
bonded indebtedness. Registered voters and owners of land approved
such actions, and the Board of Supervisors of Ventura County
approves. In order to insure, however, that the bonds may be
immediately sold without the requirement of an election, it is
necessary to exempt the district from the provisions of Chapter 3
(commencing with Section 2201) of Part 4 of Division 1 of the Revenue
and Taxation Code with respect to such bonded indebtedness. Thus,
this special law is necessary in order to permit bonds to be sold and
water to be provided to the affected areas in time to avoid severe
crop losses in the area.

55669. The board shall thereupon be authorized to issue bonds of
the zone, to fix and collect special rates or charges, as prayed for
in the petition, and proceed with the proposed improvement.

55670. If the petition for formation of the zone is signed by
owners representing less than 60 percent of the total assessed
valuation of the real property within the proposed zone as shown by
the last equalized assessment roll of the county, and by less than 60
percent of the taxpayers resident within the proposed zone, as its
boundaries shall have been established upon the hearing on the
petition, or if for any other reason the board deems it advisable to
conduct an election, the board shall by resolution order that a
special election be held in the proposed zone to determine whether or
not the zone shall be established.

55671. The board shall appoint three qualified electors residing in
the proposed zone to conduct the election.

55672. The election shall be called by posting in three of the most
public places in the proposed zone, and by publishing in the county
pursuant to Section 6066 of the Government Code, a notice specifying
the time, place and purposes of the election, and giving the purposes
and boundaries of the proposed zone.

55673. The date set for the election shall be at least 13 days
after the date of the posting and the date of last publication of the
notice. No other notice of the election need be given.

55674. The election shall be conducted in accordance with the
general election laws of this State, where applicable.

55675. The proposition submitted shall be in accordance with the
petition and shall be either:
(a) "Shall the proposed zone described in the resolution of the
board of ________ adopted on the ________ day of ________, 19___, be
established within County Waterworks District No. ___, and shall the
zone incur a bonded indebtedness in the sum of ________ dollars
($________) for the purpose of (stating the purpose for which the
amount so raised is to be used) " or
(b) "Shall the proposed zone described in the resolution of the
board of ________ adopted on the ___ day of ________, 19___, be
established within County Waterworks District No. ____, and shall
special rates or charges for (the use and supply of water or sewage
facilities, as the case may be), not to exceed ________, be fixed and
collected in the zone for the period of time not to exceed ________,
to pay the cost and expense of (describing generally the proposed
improvement) "

55676. If 60 percent of the votes cast at the election are in favor
of the zone, and of incurring the bonded indebtedness, or fixing and
collecting the special rates or charges, as the case may be, the
board shall by resolution establish the zone.

55677. Upon the establishment of the zone the board shall be
authorized and empowered to issue bonds of the zone, or to fix and
collect special rates and charges, as voted on at the election, and
to proceed with the proposed improvement.

55678. The provisions in this division for the form, issuance, and
sale of bonds, the levying and collecting of taxes for the payment
thereof and of other matters relating to bonds of the district shall
govern in the case of bonds authorized by proceedings under this
article except that all taxes for payment of interest and principal
on the bonds shall be levied solely upon the taxable property within
the zone.

55679. The taxes and special rates or charges authorized by this
article are in addition to all other taxes and rates or charges
authorized by this division, and shall be subject to the provisions
of Sections 55108, 55182, and 55702.