DIVISION 16. COUNTY WATERWORKS DISTRICTS [55000. - 55991.]
Division 16 added by Stats. 1953, Ch. 155.
§§ 55000–55991 · 184 sections
PART 1. INTRODUCTORY PROVISIONS §§ 55000–55031 · 8 sections
CHAPTER 1. Short Title § 55000 · 1 section
- § 55000 This division shall be known and may be cited as the County Waterworks District Law.
CHAPTER 2. Definitions §§ 55010–55014 · 5 sections
- § 55010 Unless the context otherwise requires, the provisions of this chapter shall govern the construction of this division.
- § 55011 The definition of a word applies to any of its variants.
- § 55012 “District” means any county irrigation district or county waterworks district formed pursuant to the County Waterworks District Act or any county waterworks…
- § 55013 “Board” means the governing body of a district.
- § 55014 “County” means the county within which the district or proposed district is located.
CHAPTER 3. Applicability of Division §§ 55030–55031 · 2 sections
PART 2. FORMATION §§ 55100–55203 · 45 sections
CHAPTER 1. Petition §§ 55100–55109 · 10 sections
- § 55100 Any portion of a county, containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities and contiguous…
- § 55101 A district may be formed of two or more parcels of noncontiguous territory within the same county if the board of supervisors determines that the single…
- § 55102 A petition for the formation of a district may be presented to the board of supervisors.
- § 55103 The petition shall be presented at a regular meeting of the board of supervisors and shall be signed by not less than 25 percent of the freeholders resident…
- § 55104 The formation petition shall contain: (a) The name and boundaries of the proposed district to be benefited by the improvement. (b) A general description of the…
- § 55105 The petition shall be accompanied by a map showing the exterior boundaries of the proposed district, with relation to the territory immediately contiguous…
- § 55106 There shall also be filed with the petition a good and sufficient undertaking, to be approved by the board of supervisors, in double the amount of the probable…
- § 55107 The failure of the petition to contain any of the matters required to be contained therein shall not affect the legality of the organization of the district if…
- § 55108 If the petitioners so desire, the petition may also contain a statement that the taxes provided for in this division shall be levied upon the land within the…
- § 55109 Upon the request of 25 or more freeholders, or a majority of the freeholders, if less than 50 in number, needing water service within a given area, the board…
CHAPTER 2. Notice of Hearing §§ 55130–55134 · 5 sections
- § 55130 Upon the presentation of a formative petition the board of supervisors shall fix a time for hearing thereon, and protests of interested parties, not less than…
- § 55131 The clerk of the board of supervisors shall cause notices of the filing and hearing of the petition to be posted in three of the most public places in the…
- § 55132 The notice shall be headed “Notice of the formation of __________ County Waterworks District No. __________” (stating name of county in which the district is…
- § 55133 The clerk shall also cause a notice, similar in substance, to be published pursuant to Section 6066 of the Government Code in a newspaper of general…
- § 55134 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.
CHAPTER 3. Hearing §§ 55150–55162 · 13 sections
- § 55150 Any person interested, including any freeholder or qualified voter resident within the proposed district or the owner of any real or personal property located…
- § 55151 The clerk of the board of supervisors shall endorse on each protest the date of its receipt and, at the time appointed for the hearing, shall present to the…
- § 55152 The board shall hear and pass upon the petition and protests at the time appointed, or at any time to which the hearing may be adjourned, and its decision…
- § 55153 If any of the protests against the formation of the district or against the proposed improvement is sustained, no further proceedings shall be had or taken…
- § 55154 If any of the protests are against the extent of the district or against the inclusion of property in the district, the board of supervisors may make such…
- § 55155 The board of supervisors shall not modify the boundaries so as to exclude from the proposed district any territory which will be benefited by the improvement,…
- § 55156 The board of supervisors shall not modify the boundaries except after notice of such intention is published pursuant to Section 6061 of the Government Code in…
- § 55157 Written objections to the proposed modification may be filed with the clerk of the board of supervisors by any interested person at or before the time set for…
- § 55158 The board of supervisors shall hear and pass upon the objections to the proposed modification at the time appointed, or at any time to which the hearing may be…
- § 55159 If any objection is sustained, no further proceedings pursuant to the petition shall be taken, but a new petition for the same or a similar purpose may be…
- § 55160 The board of supervisors shall be deemed to have acquired jurisdiction to proceed further with respect to the formation of a district under any of the…
- § 55161 If the board of supervisors determines that the formation petition was signed by all of the owners of the real property in the proposed district and if…
- § 55162 Notwithstanding anything in this division to the contrary, if the board of supervisors finds that protests have been made, prior to the close of the hearing…
CHAPTER 4. Election §§ 55180–55187 · 13 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
CHAPTER 5. Formation of Zones With Formation of District §§ 55200–55203 · 4 sections
- § 55200 A separate petition for the formation of a zone or zones within a proposed district for any of the purposes specified in Section 55650 may be presented to the…
- § 55201 The petition for the formation of a zone or zones and the proceedings thereon shall be in conformity with and subject to the provisions of Article 6, Chapter…
- § 55202 The board of supervisors may direct that notice of hearing, hearing, notice of election, or election upon the formation and zone petitions shall be…
- § 55203 The formation of a zone or zones pursuant to this chapter shall in no event be effective for any purpose unless and until the district is established; but the…
PART 3. POWERS AND PURPOSES §§ 55300–55408 · 43 sections
CHAPTER 1. Governing Body §§ 55300–55311 · 10 sections
- § 55300 The powers of the district enumerated in this division shall, except as therein otherwise provided, be exercised by the board.
- § 55301 The board of supervisors of the county is the governing board of the district unless a board of directors has been appointed under the provisions of this…
- § 55302 The board of supervisors of the county may, at any time, dissolve any board of directors governing any district, and thereafter the board of supervisors shall…
- § 55305 (a) The board of directors may fix the compensation of its members for their services as directors not to exceed ten dollars ($10) for each meeting attended,…
- § 55307 Any board of directors in existence on the effective date of the amendment of this section at the 1967 Regular Session of the Legislature succeeds to and has…
- § 55308 The board of directors shall appoint a clerk who shall perform all of the duties pertaining to the district required to be performed by the clerk of the board…
- § 55309 The board of a district in existence on the effective date of this section shall file a certificate with the Secretary of State on or before January 1, 1964,…
- § 55310 Notwithstanding the provisions of Section 55301, the Board of Supervisors of Madera County may appoint a board of directors to serve as the governing board of…
- § 55310.2 (a) Notwithstanding Section 55301, the Board of Directors of the Mendocino County Waterworks District #2 shall be elected. The elected board of directors shall…
- § 55311 When a district is a subsidiary district of a city, the city council may, by resolution, change the name of the district. The change of name shall be effective…
CHAPTER 2. General Powers §§ 55330–55339 · 12 sections
- § 55330 A district may provide for the supplying of the inhabitants of the district with water for irrigation, domestic, industrial, or fire protection purposes,…
- § 55331 The district may do all things necessary or proper to accomplish the purposes of this division.
- § 55332 The district may appoint or employ and prescribe the authorities and duties of a general manager, auditor, treasurer, and other officers, employees, attorneys,…
- § 55333 The district may adopt and enforce all rules, regulations and ordinances which may be necessary and proper for: (a) The administration and government of the…
- § 55333.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 55334 Any violation of a regulation or ordinance of a district is a misdemeanor punishable by fine not to exceed one thousand dollars ($1,000), or imprisonment not…
- § 55335 A district may acquire and conserve water supplies from any available source, including underground water basins within the same county, imported supplies,…
- § 55335.5 A district may construct, maintain, and operate sewage collection and treatment facilities and dispose of the effluent therefrom in any lawful manner and also…
- § 55336 Subject to Section 56133 of the Government Code, a district may sell water to any person, firm, public or private corporation, public agency, or other consumer…
- § 55337 A district may construct, maintain, improve, and operate recreational facilities in connection with any dams, reservoirs, or other works owned or controlled by…
- § 55338 (a) The Department of Corrections and the Los Angeles County Waterworks District No. 4 shall enter into a contract for the district to meet the operational…
- § 55339 A district may contract with any state agency to finance any district improvement if the term of the contract does not exceed 30 years. A contract between the…
CHAPTER 4. Property §§ 55370–55378 · 10 sections
- § 55370 A district may acquire property by purchase, gift, devise, exchange, descent, and eminent domain. The title to all property which may have been acquired for a…
- § 55371 The board may sell, exchange, or lease any property, or any interest in property, of the district, real or personal, if the board determines that the property…
- § 55371.5 If the board determines that the property is needed for the uses of another county waterworks district governed by the same board or another public agency with…
- § 55372 If the board determines the value of the property, or interest in the property, to be of a value of five thousand dollars ($5,000) or less, or is being leased…
- § 55373 If the board determines the property, or interest in the property, to have a value of more than five thousand dollars ($5,000) or is being leased for more than…
- § 55374 Whenever any portion of the territory of a district shall be annexed to, or otherwise included within any one municipal corporation which owns works for…
- § 55375 The municipal corporation may use the leased distributing system for the purpose of distributing water directly to individual consumers, with the same power of…
- § 55376 The board shall, in the lease, reserve the right to use the leased distributing system, for the benefit of that portion of the district not annexed to or…
- § 55377 Any improvement provided for in this division may be located, constructed and maintained in, along, or across any public road or highway, or publicly owned…
- § 55378 The board of supervisors of any county which employs a purchasing agent may authorize the purchasing agent to sell or dispose of any personal property of the…
CHAPTER 5. Use of the Improvement Act of 1911 §§ 55385–55408 · 11 sections
ARTICLE 1. Authorization to Use Improvement Act of 1911 §§ 55385–55386 · 2 sections
- § 55385 Whenever in the opinion of the governing body of a county waterworks district the public interest and necessity require, it may order the formation of an…
- § 55386 The district shall be formed, the work or improvement done, and the cost thereof assessed and collected in accordance with the provisions of the Improvement…
ARTICLE 2. Terms and Definitions §§ 55400–55408 · 9 sections
- § 55400 For the purposes of this chapter the following terms used in the Improvement Act of 1911 shall mean and include that which this article states each means and…
- § 55401 “City” means and includes county waterworks district.
- § 55402 “City council” or “legislative body” means and includes the governing body of the county waterworks district.
- § 55403 “Clerk” means and includes the secretary of the governing body of the county waterworks district.
- § 55404 “Council chambers” means and includes the place designated by the governing body of the county waterworks district for holding its regular meetings.
- § 55405 “Treasurer” means and includes the county treasurer.
- § 55406 “Superintendent of streets” or “streets superintendent” means and includes the county surveyor.
- § 55407 “Right of way” means and includes any parcel of land through which a right of way has been granted to the county waterworks district for any purpose.
- § 55408 All references to municipal officers and matters mean and include the corresponding officers of county waterworks districts and matters under this division.
PART 4. FINANCIAL PROVISIONS §§ 55500–55720 · 84 sections
CHAPTER 1. General Provisions §§ 55500–55507 · 13 sections
- § 55500 The board may control and order the expenditure of tax revenues, secured to pay the cost and expenses of maintaining, operating, extending and repairing the…
- § 55501 The board may fix and collect rates or charges for the use and supply of water furnished by the system, and to apply the receipts from the rates or charges to…
- § 55501.1 Any water service standby or immediate availability charge which remains unpaid for a period of 60 or more days after the date upon which they were billed may…
- § 55501.5 A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix a water service standby or immediate…
- § 55502 The receipts from the rates or charges may also be used to reduce the principal or interest of any bonded indebtedness that the waterworks district may have.
- § 55502.1 Notwithstanding any other provisions of law, the board may establish and include in the annual budget for a district a general unappropriated reserve not to…
- § 55503 The board may borrow funds from the county, other waterworks districts, and, where the district is a subsidiary district, the city, not to exceed 85 percent of…
- § 55503.5 Notwithstanding any other provisions of law, such funds, when so borrowed by a waterworks district, shall forthwith increase the appropriations of the district…
- § 55503.6 The district shall pay interest on all funds borrowed from the county, at the same rate that the county applies to funds of the district on deposit with the…
- § 55504 Where a district has an assessed valuation of less than one hundred thousand dollars ($100,000), the board of supervisors of the county may loan county funds,…
- § 55505 The board may by resolution establish a revolving fund for any officer or employee of the district in the same manner revolving funds for county officers are…
- § 55506 Any money belonging to the district or paid into the county treasury to the credit of the district may be deposited by the officer of the district who has…
- § 55507 A district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix a sewer service standby or immediate…
CHAPTER 2. Bonds §§ 55520–55679 · 65 sections
ARTICLE 1. Issuance and Sale §§ 55520–55534 · 15 sections
- § 55520 The board may issue and sell the bonds of the district, when authorized, at not less than par value, and the proceeds of the sale shall be placed in the county…
- § 55521 The board by an order entered upon its minutes, shall, subject to the provisions of this division, prescribe the form of bonds issued and of the interest…
- § 55522 The board shall designate an amount, not less than one-fortieth of the principal amount of the indebtedness, or series thereof, which shall be paid annually at…
- § 55523 The board may determine and fix a date for the earliest maturity of the principal of the bonds, or series thereof, not more than 10 years from the date of…
- § 55524 The bonds shall be issued in such denomination or denominations as the board may determine.
- § 55525 The bonds shall be signed by the chairman of the board and countersigned by the auditor of the district, or if one has not been appointed, the auditor of the…
- § 55526 The interest coupons of the bonds shall be numbered consecutively and signed by the auditor of the county by his engraved or lithographed signature.
- § 55527 In case any officer whose signature or countersignature appears on the bonds or coupons shall cease to be an officer before the delivery of the bonds to the…
- § 55528 The principal and interest on the bonds shall be paid by the district treasurer, or if one has not been appointed, the county treasurer, in the manner provided…
- § 55529 The board may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series…
- § 55530 Notwithstanding any other provision of the law, the board may determine that the public economy so requires, and order that less than one-fortieth of the whole…
- § 55531 District or zone bonds may be made payable on July 1st subsequent to the time fixed for the collection of the second installment of general district taxes with…
- § 55532 The proceeds of such bonds may be used for the following purposes: (a) All costs or estimated costs incidental to or connected with the acquisition,…
- § 55533 Any bonds issued by the district may be subject to call and redemption prior to maturity at such times and prices and upon such other terms as the board may…
- § 55534 When bonds are made callable, a statement to that effect shall be set forth on the face of the bond.
ARTICLE 2. Additional Bond Issues §§ 55550–55553 · 4 sections
- § 55550 Whenever the board deems it necessary for the district to incur a bonded indebtedness in addition to that incurred at the time of the formation of the district…
- § 55551 The board shall then fix a date upon which an election shall be held for the purpose of authorizing the bonded indebtedness to be incurred, and shall proceed…
- § 55552 If at the election a majority of the votes cast are in favor of the incurring of the bonded indebtedness, then the board shall enter an order to that effect…
- § 55553 The provisions contained in Articles 1 and 5 of Chapter 2 of this part and Sections 55701, 55703, and 55704, relating to the form of bonds, the issuance and…
ARTICLE 3. Refunding Bonds §§ 55580–55591 · 12 sections
- § 55580 The board may issue refunding bonds of the district for the purpose of refunding any or all outstanding bonds of the district.
- § 55581 The board shall by resolution determine the amount of the outstanding bonds to be refunded, fix the maximum amount of refunding bonds to be issued, the maximum…
- § 55582 In the resolution the board shall call an election and submit to the qualified voters of the district the question whether the refunding bonds should be issued.
- § 55583 The resolution shall fix the time of the election, establish one or more voting precincts, designate the polling place or places, appoint an inspector, judge,…
- § 55584 In all particulars not set forth in this article the election shall be held and conducted as provided in Chapter 4 of Part 2 of this division.
- § 55585 The resolution shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation in the county designated by the board…
- § 55586 If at the election a majority of the votes cast are in favor of the issuance of the refunding bonds, the board shall be authorized to issue refunding bonds of…
- § 55587 The board shall, by order entered in its minutes, prescribe the form of the refunding bonds and of the interest coupons to be attached, and fix the date of the…
- § 55588 Refunding bonds may be exchanged at par value for any outstanding bonds to be refunded at their par value or less, upon such terms as may be agreed upon by the…
- § 55589 In lieu of the exchange for outstanding bonds, the refunding bonds may be sold by the board for cash at not less than par and accrued interest, and the…
- § 55590 Any bonds refunded and all interest coupons appurtenant thereto shall be canceled immediately by the county treasurer. Expenses of the refunding proceedings…
- § 55591 Taxes for the payment of principal and interest of refunding bonds shall be levied as provided in Chapter 3 of this part except that if the bonds refunded were…
ARTICLE 4. Adoption of the Revenue Bond Law of 1941 § 55610 · 1 section
- § 55610 The Revenue Bond Law of 1941 is applicable to districts for the purpose of financing the production, transmission and distribution of water for public or…
ARTICLE 5. Validating Proceedings § 55630 · 1 section
- § 55630 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
ARTICLE 5.5. Bonds as Legal Investments § 55640 · 1 section
- § 55640 The bonds of the district or those issued for any zone pursuant to this act are entitled to the same force or value or use as bonds issued by any municipality.
ARTICLE 6. Zones §§ 55650–55679 · 31 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3. Taxes §§ 55700–55704 · 5 sections
- § 55700 The board of supervisors may in any year levy a tax upon the taxable property in the district, sufficient to pay the cost and expenses of maintaining,…
- § 55701 The board of supervisors shall levy a tax, each year, upon the taxable property in the district, sufficient to pay the interest on the bonds for that year…
- § 55702 Where the petition for formation contained a statement that taxes shall be levied only upon the land within the district, all taxes levied under the provisions…
- § 55703 If the maturity of the indebtedness created by the issue of the bonds is made to begin more than one year after the date of issue, the tax shall be levied and…
- § 55704 All taxes pursuant to this chapter shall be levied and collected at the time and in the same manner as the general tax levy for county purposes, and when…
CHAPTER 4. Claims § 55720 · 1 section
- § 55720 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
PART 5. CHANGES IN ORGANIZATION §§ 55800–55801 · 2 sections
CHAPTER 1. Inclusion Generally §§ 55800–55801 · 2 sections
- § 55800 Any portion or portions of a county containing unincorporated territory, or containing the whole or any portion of one or more incorporated cities, and not…
- § 55801 Territory within the same county but not contiguous with the district may be annexed to the district if the board determines that the district resulting from…
PART 6. REPEALS §§ 55990–55991 · 2 sections