SECTIONS 60370-60388 - California Statutes

WATER CODE

SECTION 60370-60388

60370. Any territory including unincorporated territory or
incorporated territory or a part of either, and lying within one or
more counties of this State may be annexed to a water replenishment
district under the provisions of this part.

60371. A petition, which may consist of any number of separate
instruments, shall be filed with the secretary of the district,
signed by registered voters residing within the boundaries of the
area proposed to be annexed equal in number to at least 10 per centum
of the number of such voters residing within the area so proposed to
be annexed.

60372. Such petition shall set forth and describe the boundaries of
the area proposed to be annexed and shall contain a prayer that such
area be annexed to such district.

60373. The text of such petition and a notice stating the time of
the meeting at which the same will be presented shall be published in
the affected county pursuant to Section 6066 of the Government Code.
When contained upon one or more instruments, one copy only of such
petition need be published. No more than five of the names attached
to the petition need appear in the publication of the petition and
notice, but the number of signers shall be stated. Publication shall
be complete at least seven, but not more than 28, days before the
time at which the petition is to be presented to the board.

60374. Within 10 days of the date of filing of such petition the
secretary of the district shall examine the same and ascertain
whether or not such petition is signed by the requisite number of
voters.

60375. When the secretary of the district has completed his
examination of the petition, he shall attach to the same his
certificate, properly dated, showing the result of such examination,
and if from such examination he shall find that said petition is
signed by the requisite number of voters or is not so signed, he
shall certify that the same is sufficient or insufficient, as the
case may be.

60376. If, by the certificate of the secretary of the district, the
petition is found to be insufficient, he shall also certify to the
number of voters required to make such petition sufficient, and it
may be amended by filing a supplemental petition or petitions within
10 days of the date of such certificate.

60377. The secretary of the district shall, within 10 days after
the filing of such supplemental petition or petitions, make like
examination of the same and certify to the result of such examination
as hereinbefore provided.

60378. If his certificate shall show any such petition, or such
petition as amended, to be insufficient, it shall be filed by him
with the board of the district and kept as a public record, without
prejudice, however, to the filing of a new petition to the same
effect, but if, by the certificate of the secretary, such petition,
or petition as amended, is shown to be sufficient, the secretary
shall present the same to the board without delay.

60379. If any supplemental petition be filed, all the signatures
appended to the petition or to the supplemental petition or petitions
shall be considered in determining the number of voters signing the
petition.

60380. After an election for the annexation of such area to the
district the sufficiency of such petition in any respect shall not be
subject to judicial review or be otherwise questioned.

60381. Such petition may be granted by ordinance of the board of
such district. No petition for inclusion may be granted unless and
until the board finds that the persons and property within the
territory proposed to be included will benefit directly or indirectly
from the use of or right to use the ground water supplies within the
district and the replenishment thereof. The petition may be granted
in its entirety or only as to the part of the territory proposed to
be included for which such a finding of benefit is made. If the
petition be denied, either as to the whole or part of the territory
to be included, no new petition for the inclusion of such territory
shall be filed within six months after such denial. In granting such
petition, such board of directors may fix in said ordinance the terms
and conditions upon which such annexation may occur, and such terms
and conditions may provide, among other things, for the levy by such
district of special taxes upon the real property and improvements
thereon, but not on personal property within such annexed area or
areas in addition to the taxes elsewhere in this act authorized to be
levied by such district, and in case such terms and conditions shall
provide for the levy of such special taxes, the board, in fixing
such terms and conditions, shall specify the aggregate amount to be
so raised and the number of years prescribed for raising such
aggregate sum and that substantially equal annual levies will be made
for the purpose of raising such sum over the period so prescribed.

60382. If such petition is granted, the proposition of such
annexation subject to the terms and conditions so fixed, shall be
submitted to the vote of the voters in the proposed addition, at an
election called by the board and held, as herein provided, within 70
days after the effective date of such ordinance.

60383. Notice of such election shall be published in the affected
county pursuant to Section 6063 of the Government Code. Publication
shall be complete at least seven, but not more than 28, days prior to
the date fixed for such election. Such notice shall describe the
boundaries of the area or areas so proposed to be annexed and shall
designate such territory by some appropriate name, or other words of
identification, by which such territory may be referred to and
indicated upon the ballot to be used at any election at which the
question of such annexation is submitted, as in this act provided.

60384. Such notice also shall contain the substance of the terms
and conditions fixed by the board of directors, as herein provided.

60385. The measure so submitted at such election shall be stated on
the ballot substantially as follows: "Shall ____ (giving the name or
other designation of the territory proposed to be annexed, as stated
in the notice of election) be annexed to ____ (name of water
replenishment district) subject to the terms and conditions fixed by
the board of directors of said district " At the right of such
proposition there shall be printed the words "yes" and "no" with
voting squares.

60386. The board shall canvass the votes cast at such election and,
if such proposition is approved by a majority of the voters voting
thereon at such election, the president and secretary of the board of
directors shall certify that fact to the Secretary of State and
shall record a certificate stating that such proposition was adopted
with the county recorder of each affected county in which such
district is located.

60387. Upon receipt of such last-mentioned certificate, the
Secretary of State shall, within 10 days, issue his certificate
reciting the passage of said ordinance and the addition of said area
or areas to said district. A copy of said certificate shall be
transmitted to, and filed with, the county clerk of each affected
county in which such district is situated.

60388. From and after the date of such certificate, the area or
areas named therein shall be deemed added to, and shall form a part
of, said district, and the taxable property therein shall be subject
to taxation thereafter for the purposes of said district, including
the payment of bonds and other obligations of such district at the
time authorized or outstanding, and the board of the district shall
be empowered to do all things necessary to enforce and make effective
the terms and conditions of annexation fixed as hereinabove
authorized.