BlackletterCalifornia law

PART 2. FORMATION [55100. - 55203.]

Part 2 added by Stats. 1953, Ch. 155.

§§ 55100–55203 · 45 sections

  1. 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…
  2. 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.
  3. 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…
  4. 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…
  5. 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…