PART 2. FORMATION [71050. - 71196.]
Part 2 added by Stats. 1963, Ch. 156.
§§ 71050–71196 · 53 sections
CHAPTER 1. General Provisions §§ 71050–71052 · 3 sections
- § 71050 Unless the context otherwise requires, as used in this part, “county clerk” means the county clerk of the principal county.
- § 71051 Unless the context otherwise requires, as used in this part, “board of supervisors” means the board of supervisors of the principal county.
- § 71052 As used in this part, “application” means an application for the initiation of proceedings for the formation of a district under the provisions of the…
CHAPTER 2. Territory §§ 71060–71081 · 11 sections
ARTICLE 1. In General §§ 71060–71061 · 2 sections
- § 71060 The people of any county or counties, or of any portions thereof, whether such portions include unincorporated territory only or incorporated territory of any…
- § 71061 The cities proposed to be included in the district need not be contiguous, and the unincorporated territory may consist of one or more parcels which need not…
ARTICLE 2. Inclusion of Cities §§ 71070–71081 · 9 sections
- § 71070 As used in this article, “territory of a city” means the corporate area of the city and all territory as to which proceedings for annexation to the city have…
- § 71071 Except as otherwise provided in this article, if an application includes any portion of a city, the entire territory of the city, at the time of filing the…
- § 71072 If an application includes any territory within the boundaries of a proposed city for which a valid petition for incorporation has been filed with the board of…
- § 71073 If an application is filed, and proceedings for the formation of the district are commenced and prosecuted, in the manner and within the time specified by this…
- § 71074 If an application is filed, and proceedings for the formation of the district are commenced and prosecuted, in the manner and within the time specified by this…
- § 71078 The inclusion within the boundaries of a proposed district of territory formed into a new city or annexed to an existing city, pursuant to proceedings which…
- § 71079 Notwithstanding any other provision of this article, if, prior to the filing of a formation petition, any portion of the corporate area of a city is included…
- § 71080 If, subsequent to the approval of an application which includes a portion of the corporate area of a city, but prior to the filing of the formation petition,…
- § 71081 If, subsequent to the approval of an application of intention, but prior to circulating the formation petition, a valid petition is filed with, or a resolution…
CHAPTER 4. Formation Petition §§ 71120–71134 · 15 sections
- § 71120 A petition for the formation of a district, which may consist of any number of separate instruments, shall be filed with the county elections official.
- § 71121 The formation petition shall be signed by voters equal in number to at least 10 per centum of the voters registered within the boundaries of the proposed…
- § 71122 If only a portion of the corporate area of a city is included within a proposed district, and 12 or more registered voters reside within such portion of the…
- § 71123 The formation petition shall describe the boundaries of the proposed district and shall contain a prayer that the proposed district be formed pursuant to this…
- § 71124 Except as otherwise authorized in this part, the boundaries of the proposed district shall be described in the formation petition in the same manner as in the…
- § 71125 The circulation of a formation petition shall be commenced by the proponents within 30 days from the date of the filing of the declaration of intention with…
- § 71126 Within 30 days of the date of the filing of the formation petition, the county elections official shall examine the petition and determine whether it is signed…
- § 71127 When the county elections official has completed the examination of the formation petition, he or she shall attach to it the certificate, properly dated,…
- § 71128 If the county elections official finds from the examination that the formation petition is signed by the requisite number of voters residing within the…
- § 71129 If the county elections official certifies in the certificate that the formation petition is insufficient, he or she shall also certify therein to the number…
- § 71130 Within 30 days after the filing of any supplemental petition or petitions, the county elections official shall examine them and certify to the result of the…
- § 71131 If any supplemental petition is filed, all the signatures on the original and supplemental petitions shall be considered in determining the number of voters…
- § 71132 After the time for filing supplemental petitions has expired and all supplemental petitions have been examined, if the county elections official’s certificate…
- § 71133 If the county elections official’s certificate shows that the formation petition is sufficient, the county elections official shall present the petition to the…
- § 71134 After an election for the formation of a proposed district, the sufficiency of the formation petition shall not be subject to judicial review or be otherwise…
CHAPTER 5. Formation Election §§ 71160–71172 · 17 sections
- § 71160 When a formation petition is presented to it, the board of supervisors shall make an order dividing the proposed district into five divisions in such manner as…
- § 71161 When the order dividing the proposed district into five divisions is made, the board of supervisors shall by resolution or ordinance call and provide for the…
- § 71162 The formation election shall be held on the next established election date not less than 74 days from the date of adoption of the resolution or ordinance…
- § 71163 Notice of the formation election shall be published once, not less than one week nor more than four weeks prior to the election, in at least one newspaper but…
- § 71163.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 71163.2 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…
- § 71163.3 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…
- § 71163.4 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…
- § 71164 The notice of the formation election shall contain the following: (a) A description of the boundaries of the proposed district and its divisions. (b) The name…
- § 71165 The following measure shall be submitted at the formation election: “Shall the proposition to form the ____ Municipal Water District under the Municipal Water…
- § 71166 No person may vote at any formation election unless he is a voter.
- § 71167 Within seven days after the formation election the board of supervisors shall canvass the vote.
- § 71168 If less than a majority of the votes cast in any affected county are in favor of the proposition, the formation of the district fails, but without prejudice to…
- § 71169 The first directors shall be elected at the formation election.
- § 71170 One director shall be elected for each division by the voters of the division. Each director shall be a resident of the division for which he is elected.
- § 71171 Except as otherwise provided in this division, the candidates shall declare their candidacy and shall be nominated, the election shall be held and conducted,…
- § 71172 If a majority of the votes cast in each affected county at the formation election favor the formation of the district, each candidate for director who receives…
CHAPTER 6. Establishment of District §§ 71190–71196 · 7 sections
- § 71190 If a majority of the votes cast in each affected county at the formation election favor the formation of the district, the board of supervisors shall, by an…
- § 71191 The county clerk shall immediately cause to be recorded in the office of the county recorder of each affected county, a certificate stating that the…
- § 71192 Upon the receipt of the county clerk’s certificate, or a copy of the order declaring the district organized, the Secretary of State shall, within 10 days,…
- § 71193 A copy of the Secretary of State’s certificate shall be transmitted to and filed with the county clerk of each affected county.
- § 71194 From and after the date of filing the county clerk’s certificate with the Secretary of State, the district named therein is incorporated as a municipal water…
- § 71195 No informality in any proceeding, or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall invalidate…
- § 71196 Any proceeding wherein the validity of the incorporation of a district is denied shall be commenced within three months from the date of the Secretary of…