13. Bonds: Resolution: Election: Posting map: Publication of election ordinance: Defects and irregularities: Favorable vote required
(1) Whenever the board determines that a bonded indebtedness should be incurred to pay the cost of any work or improvement in any zone or zones, the board may by resolution determine and declare the respective amounts of bonds necessary to be issued in each zone in order to raise the amount of money necessary for each work or improvement and the denomination and the maximum rate of interest of said bonds. The board shall cause a copy of the resolution, duly certified by the clerk, to be filed for record in the Office of the Recorder of Alameda County within five (5) days after its issuance. From and after said filling of said copy of said resolution the board shall be deemed vested with the authority to proceed with the bond election.
(2) After the filing for record of the resolution specified in subdivision (1) of this section, the board may call a special bond election in said zone or participating zones at which shall be submitted to the qualified electors of said zone or participating zones the question whether or not bonds shall be issued in the amount or amounts determined in said resolution and for the purpose or purposes therein stated. Said bonds and the interest thereon shall be paid from revenue derived from annual taxes or assessments levied as provided in this act.
(3) Said board shall call such special bond election by ordinance and not otherwise and submit to the qualified electors of said zone or participating zones the proposition of incurring a bonded debt in said zone or participating zones in the amount and for the purposes stated in said resolution and shall recite therein the objects and purposes for which the indebtedness is proposed to be incurred; provided, that it shall be sufficient to give a brief, general description of such objects and purposes, and refer to the recorded copy of such resolution adopted by said board, and on file for particulars; and said ordinance shall also state the estimated cost of the proposed work and improvements, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on said indebtedness, and shall fix the date on which such special election shall be held, and the form and contents of the ballot to be used.
The rate of interest to be paid on such indebtedness shall not exceed seven percent (7%) per annum. For the purposes of said election, said board shall in said ordinance establish special bond election precincts within the boundaries of each zone and participating zone and may form election precincts by consolidating the precincts established for general elections in said district to a number not exceeding six general precincts for each such special bond election precinct, and shall designate a polling place and appoint one inspector, one judge and one clerk for each of such special bond election precincts.
In all particulars not recited in said ordinance, such special bond election shall be held as nearly as practicable in conformity with the general laws of the state.
Said board shall cause a map or maps to be prepared covering a general description of the work to be done, which said map shall show the location of the proposed works and improvements and shall cause the said map to be posted in a prominent place in the county courthouse for public inspection for at least thirty (30) days before the date fixed for such election.
Said ordinance calling for such special bond election shall, prior to the date set for such election, be published pursuant to Section 6062 of the Government Code in a newspaper of general circulation circulated in each zone and participating zone affected. The last publication of such ordinance must be at least fourteen (14) days before said election, and if there be no such newspaper, then such ordinance shall be posted in five public places designated by the board, in each zone and participating zone for at least thirty (30) days before the date fixed for such election. No other notice of such election need be given nor need polling place cards be issued.
Any defect or irregularity in the proceedings prior to the calling of such special bond election shall not affect the validity of the bonds authorized by said election. Where a project affects a single zone only, if at such election a majority of the votes cast in said zone on the proposition of incurring a bonded indebtedness are in favor thereof, then bonds for such zone for the amount stated in such proceedings shall be issued and sold as in this act provided. Where the incurring of bonded indebtedness by participating zones is to be determined at such election, no bonds for any of such participating zones shall be issued or sold unless a majority of the votes cast on the proposition in each such participating zone are in favor of incurring the bonded indebtedness to be undertaken by such zone.
[Amended Stats 1970 ch 230 § 1, effective June 22, 1970, ch 1038 § 5, effective September 14, 1970.]
Note -— Stats 1970 ch 1038, effective September 14, 1970 provides:
SEC. 7. In the event that the case of Westbrook v Mihaly S.F. No. 22706 is reversed by the United States Supreme Court, the provisions of this act, except for Section 8 [Repealed Stats 1972 ch 122 § 1], shall have no further force or effect. The provisions of this section shall not operate to invalidate any bonds duly authorized subsequent to the effective date of this act and prior to a reversal of the case of Westbrook v Mihaly by the United States Supreme Court. [Westbrook v.Mihaly, see 29 L Ed 2d 692; 4 Pacific LJ 612]
Editor’s Notes -— The U.S. Supreme Court denied certiorari in Westbrook v Mihaly (1971) 403 US 922, 29 L Ed 2d 700, 91 S Ct 2225.
14. Form of bonds
The board shall, subject to the provisions of this act, prescribe by resolution the form of said bonds, which must include a designation of the zone or participating zone affected, and of the interest coupons attached thereto. Said bonds shall be payable annually or semiannually at the discretion of the board each and every year on a day and date, and at a place to be fixed by said board, and designated in such bonds, together with the interest on all sums unpaid on such date until the whole or said indebtedness shall have been paid. 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 may be made payable at different times from those of any other series. The maturity of each series shall comply with this section.The board may fix a date, not more than two years from the date of issuance, for the earliest maturity of each issue or series of bonds. Beginning with the date of the earliest maturity of each issue or series, not less than one-fortieth of the indebtedness of such issue or series shall be paid every year. The final maturity date shall not exceed 40 years from the time of incurring the indebtedness evidenced by each issue or series. The bonds shall be issued in such denomination as the board may determine, except that no bonds shall be of a less denomination than one hundred dollars ($100), nor of a greater denomination than one thousand dollars ($1,000), and shall be payable on the days and at the place fixed in said bonds, and with interest at the rate specified in such bonds,which rate shall not be in excess of seven per centum (7%) per annum, and shall be made payable annually or semiannually, and said bonds shall be numbered consecutively and shall be signed by the chairman of the board, and countersigned by the auditor of said district, and the seal of said district shall be affixed thereto by the clerk of the board. Either or both such signatures may be printed, engraved or lithographed. The interest coupons of said bonds shall be numbered consecutively and signed by the said auditor by his printed, engraved or lithographed signature. In case any such officers whose signatures or countersignatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds to the purchaser, such bonds and coupons, and signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if such officers had remained in office until the delivery of the bonds.
[Amended by Stats 1953 ch 149 § 3 p 923, effective April 9, 1953; Stats 1970 ch 230 § 2, effective June 22, 1970.]
15. Same: Sale of bonds
The board may issue and sell the bonds of any such zones authorized as hereinbefore provided at not less than par value, and the proceeds of the sale of such bonds shall be placed in the treasury of the County of Alameda to the credit of said district and the respective participating zones thereof, for the uses and purposes of the zone or zones voting said bonds; and the proper record of such transactions shall be placed upon the books of said county treasurer, and said respective zone funds shall be applied exclusively to the purposes and objects mentioned in the ordinance calling for such special bond election as aforesaid, subject to the provisions in this act contained. Payments from said zone funds shall be made upon demands prepared, presented, allowed and audited in the same manner as demands upon the funds of the County of Alameda.
16. Same: Payment: Liability of zones for indebtedness
Any bonds issued under the provisions of this act, and the interest thereon, shall be paid by revenue derived from an annual tax or assessment levied as provided in clause (a) or (b) of subdivision 2 of Section 12 of this act.No zone nor the property therein shall be liable for the bonded indebtedness of any other zone, nor shall any moneys derived from taxation or assessments in any of the several zones be used in payment of principal or interest or otherwise of the bonded indebtedness chargeable to any other zone.
[Amended by Stats 1953 ch 149 § 4 p 924, effective April 9, 1953.]
17. Same: Levy and collection of taxes or assessment to pay principal and interest The board shall levy a tax or assessment each year sufficient to pay the interest and such portion of the principal of said bonds as is due or to become due before the time for making the next general tax levy. Such taxes or assessments shall be levied and collected in the respective zones of issuance together with and not separately from taxes for county purposes, and when collected shall be paid into the county treasury of said Alameda County to the credit of the zone of issuance, and be used for the payment of the principal and interest on said bonds, and for no other purpose.The principal and interest on said bonds shall be paid by the county treasurer of said Alameda County in the manner provided by law for the payment of principal and interest on bonds of said county.
[Amended by Stats 1953 ch 149 § 5 p 924, effective April 9, 1953.]
18. Application of other laws: Liability of officers upon bonds: Exemption of property from taxation and assessment
The provisions of law of this State, prescribing the time and manner of levying, assessing, equalizing and collecting county property taxes, including the sale of property for delinquency, and the redemption from such sale, and the duties of the several county officers with respect thereto, are, so far as they are applicable, and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. All property exempt from taxation for county purposes under the provisions of the Revenue and Taxation Code of the State of California is exempt from taxation for the purposes of this act. Property used for free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to this State, or to any county, city and county, or municipal corporation within this State shall be exempt from assessment, except such lands and the improvements thereon located outside of the county, city and county or municipal corporation owning the same as were subject to taxation at the time of the acquisition of the same by said county, city and county, or municipal corporation; provided, that no improvements of any character whatever constructed by any county, city and county or municipal corporation shall be subject to assessment. All property of a municipal utility district located within the boundaries of the Alameda County Flood Control and Water Conservation District is exempt from both taxation and assessment under this act.
[Amended by Stats 1953 ch 149 § 6 p 925, effective April 9, 1953.]
19. District validly created:When creation of zones effective: Assessment and equalization of property for 1949-1950
Notwithstanding Section 3720 of the Political Code, the Alameda County Flood Control and Water Conservation District is validly created for the purposes of assessment and taxation. The creation of any zone in the Alameda County Flood Control and Water Conservation District shall not be effective for purposes of assessment or taxation for the Fiscal Year 1949-1950 and shall not be effective for such purposes for any fiscal year thereafter unless the statement and map or plat required by Section 3720 of the Political Code are filed with the county assessor and the State Board of Equalization on or before the first of February of the year in which the assessments or taxes are to be levied. Until such time as the creation of any zone shall be effective for purposes of assessment or taxation, any tax or assessment levied by the board shall be levied at a uniform rate on all property in the Alameda County Flood Control and Water Conservation District.
For the Fiscal Year 1949-1950, but for no other fiscal year, notwithstanding Section 18 of this act, the assessment and equalization of property for the purpose of district taxation shall be effected as provided in this section.
Assessments of the district for the Fiscal Year 1949-1950 are liens on the property the same as if they were county taxes, except that the district assessment liens attach as of noon on the day after this act becomes effective.
It is presumed that the assessments of property made by the county assessor and by the State Board of Equalization for county taxation purposes for the Fiscal Year 1949-1950 are the correct assessments for purposes of assessment by the district and the rolls prepared by the county assessor and the State Board of Equalization shall be used for purposes of levying and collecting the assessments for the district.
If the ownership or taxable situs or value of any property changes between noon on the first Monday in March, 1949, and the date on which attaches the lien for assessments of the district for the Fiscal Year 1949-1950, then, on petition of the taxpayer affected to the assessing authority, suitable entry shall be made on the assessment roll, in the manner prescribed by the State Board of Equalization, to indicate such change in the ownership or taxability or value of the property for purposes of assessment by the district.
In equalizing the assessments made by the county assessor, the Board of Supervisors of Alameda County, sitting as the county board of equalization, in addition to its regular equalization duties, shall also, in the same manner and under the same rules, equalize the valuation of property for purposes of assessment by the district in accordance with the requirements of this section and any such changes made by the county board of equalization in the assessment role shall be entered in the manner prescribed by the State Board of Equalization.
If, for purposes of assessments by the district, a change in the assessment for county taxation purposes is not sought under this section before the end of the period during which such assessment may be equalized, or corrected on a petition for reassessment, such assessment, if valid for county taxation purposes, is conclusively presumed to be the correct assessment for assessment purposes of the district.
The board may prescribe by ordinance any necessary procedure, in accordance with the policy of this act, for the purpose of assessing, equalizing, levying, and collecting taxes or assessments for the district for the Fiscal Year 1949-1950. Except as provided in this section, Section 18 of this act is applicable to the assessment and equalization of property for the purpose of district assessments for the Fiscal Year 1949-1950.
Note -–Pol C § 3720 was repealed by Stats 1949 ch 81 and re-enacted as Gov C § § 54900-54903.
20. Bonds of district as legal investments
The bonds of the district issued for any zone thereof pursuant to this act, shall be legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the state school funds, and whenever any money or funds may by law now or hereafter enacted be invested in bonds of cities, cities and counties, counties, school districts or municipalities in the State of California, such money or funds may be invested in the said bonds of said district issued in accordance with the provisions of this act, and whenever bonds of cities, cities and counties, counties, school districts or municipalities, may by any law now or hereafter enacted be used as security for the performance of any act, such bonds of said district may be so used.
This section of this act is intended to be and shall be considered the latest enactment with respect to the matters herein contained and any and all acts or parts of acts in conflict with the provisions hereof are hereby repealed.
21. Bonds exempt from taxation: District declared a reclamation and irrigation district
All bonds issued by said district under the provisions of this act shall be free and exempt from all taxation within the State of California. It is hereby declared that the district organized by this act is a reclamation district and an irrigation district within the meaning of Section 1 _ of Article XIII and Section 13 of Article XI of the Constitution of this State.
22. [Section repealed 1984.]
[Amended by Stats 1955 ch 484 § 1 p 954; Stats 1957 ch 480 § 1 p 1512; Stats 1959 ch 1281 § 1 p 3432; Stats 1961 ch 1204 § 1 p 2939; Stats 1982 ch 311 § 1. Repealed Stats 1984 ch 1128 § 105. See Pub Con C §§ 21151, 21152. Repealed section concerned contracts for improvements.]
23. Improvement for which bonds voted to be made in conformity with report, etc.
Any improvement for which bonds are voted under the provisions of this act, shall be made in conformity with the report, plans, specifications and map theretofore adopted, as above specified, unless the doing of any of such work described in said report, shall be prohibited by law, or be rendered contrary to the best interests of the district by some change of conditions in relation thereto, subsequent to the date of filing the report, plans, specifications and map theretofore adopted, in which event the board of supervisors may order necessary changes made in such proposed work or improvements and may cause any plans and specifications to be made and adopted therefor.
24. Issuance of additional bonds
Whenever bonds have been authorized by any zone or participating zone of said district and said bonds have been issued as in this act authorized, and the board shall by resolution determine that additional bonds should be issued for carrying out the work of flood control, or for any of the purposes of this act, the board may again proceed as in this act provided, and submit to the qualified voters of said zone or participating zone, the question of issuing additional bonds in the same manner and with like procedure as hereinbefore provided, and all the above provisions of this act for the issuing and sale of such bonds, and for the expenditure of the proceeds thereof, shall be deemed to apply to such issue of additional bonds.
24.1. Issuance of revenue bonds; Election in zone(s); Prior approval by zone board
In addition to proceedings authorized under Sections 13, 14, 15, 16, 17, 18 and 24 of this act,whenever the board determines that it is in the public interest, it may borrow money to provide funds to pay the cost of any work or improvement in the district or in any zone or zones thereof by the issuance of revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1, Division 2, Title 5 of the Government Code). If the work or improvement is determined by the board to be for a zone or zones comprising less than all of the district, the election at which the proposition to issue such revenue bonds is submitted shall be held only in such zone or zones. In the case of any conflict between the provisions of this act and the provisions of the Revenue Bond Law of 1941, the provisions of the Revenue Bond Law of 1941 shall control.
No proceeding shall be commenced or taken by the board under this section for the issuance of revenue bonds to pay the cost of any work or improvement in any zone in which a board of directors has been elected, until the board has first received the approval or concurrence of such zone board to the issuance of such revenue bonds. Revenue bonds shall not be considered in determining the limitation contained in the last paragraph of subparagraph 8 of Section 36 of this act nor in the application of Section 20 of this act.
[Added by Stats 1972 ch 121 § 1, effective June 1, 1972.]
25. Failure of proposition to issue bonds to receive requisite number of votes: Subsequent election
Should a proposition for issuing bonds for any zone or participating zones submitted at any election under this act fail to receive the requisite number of votes of the qualified electors voting at such election to incur the indebtedness for the purpose specified, the board shall not for six months after such election call or order another election in such zone or participating zone for incurring indebtedness and issuing bonds under the terms of this act for the same objects and purposes.
26. Repeal or amendment of act: Effect
The repeal or amendment of this act shall not in any way affect or release any of the property in said district or any zone thereof from the obligations of any outstanding bonds or indebtedness until all such bonds and outstanding indebtedness have been fully paid and discharged.
26.1. Withdrawal of area within chartered or incorporated city
Notwithstanding any provisions of this act to the contrary, the withdrawal of all the area lying within the exterior boundaries of any chartered or incorporated city from the district may be effected by the vote of a majority of the qualified electors of said city voting at any regular or special election on the proposition to withdraw the area lying within such city from the district. Said election shall in all particulars be held as provided by law for holding a municipal election in said city and the cost thereof shall be a city charge.The city council shall cause the results of the election to be certified to the board of supervisors of the district and if a majority of the votes cast on the proposition to withdraw such area from the district are in favor thereof, thereupon the area lying within the exterior boundaries of such city shall no longer be a part of the district; provided, however, that the withdrawal of the area lying within the exterior boundaries of such city from the district shall not release the area so withdrawn from debts and obligations for or upon which it was liable or chargeable at the time such withdrawal was made.
27. Rights of way
There is hereby granted to Alameda County Flood Control and Water Conservation District the right of way for the location, construction and maintenance of flood control channels, ditches, waterways, conduits, canals, storm dikes, embankments, and protective works in, over and across public lands of the State of California, not otherwise disposed of or in use, not in any case exceeding in length or width that which is necessary for the construction of such works and adjuncts or for the protection thereof.Whenever any selection of a right of way for such works or adjuncts thereto is made by the district the board thereof must transmit to the State Lands Commission, the Controller of the State and the recorder of the county in which the selected lands are situated, a plat of the lands so selected, giving the extent thereof and the uses for which the same is claimed or desired, duly verified to be correct. If the State Lands Commission shall approve the selections so made it shall endorse its approval upon the plat and issue to the district a permit to use such right of way and lands.
28. [Section repealed 1975.]
Repealed Stats 1975 ch 585 § 1, operative July 1, 1976. The repealed section related to relocation of streets.
28.1. [Section repealed 1975.]
Repealed Stats 1975 ch 584 § 2, operative July 1, 1976. The repealed section related to condemnation of land.
29. Claims against district
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 3.6 of Title 1 of the Government Code, except as provided therein. Claims not governed thereby or by other statutes or by ordinances or regulations authorized by law and expressly applicable to such claims shall be prepared and presented to the governing body, and all claims shall be audited and paid, in the same manner and with the same effect as are similar claims against the county.
[Added by Stats 1959 ch 1728 § 48 p 4167; Amended by Stats 1963 ch 1715 § 93 p 3409.]
Note -– Stats 1963 ch 1715 also provides: § 152.
The legal title to all property acquired under the provisions of this act shall immediately and by operation of law vest in said district, and shall be held by said district, in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this act.The board is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property, as herein provided; and said board may determine, by resolution duly entered in their minutes that any property, real or personal, held by said district is no longer necessary to be retained for the uses and purposes thereof, and may thereafter sell, lease or otherwise dispose of said property in the manner prescribed by law for such action by counties; provided, however, that notwithstanding any other provision of law, the board may grant an easement or permit for use of any real property of the district to the State, or to any county, city, district, or public agency or corporation, or to any public utility corporation, upon such terms and conditions as the board sees fit, upon a finding by the board that the interest in land conveyed is in the public interest and will not substantially conflict or interfere with the use of said property by the district for the purpose for which it was acquired.
[Amended by Stats 1959 ch 646 § 1 p 2625.]
31. Determination of legality of existence of district
The district formed under this act in order to determine the legality of its existence, may institute a proceeding therefor in the superior court of this State, in and for the County of Alameda, by filing with the clerk of said county a complaint setting forth the name of the district, its exterior boundaries, the date of its organization and a prayer that it be adjudged a legal flood control district formed under the provisions of this act. The summons in such proceeding shall be served by publishing a copy thereof once a week for four weeks in a newspaper of general circulation published in said county. Within thirty (30) days after proof of publication of said summons shall have been filed in said proceeding, the State, any property owner or resident in said district, or any person interested may appear as a defendant in said action by serving and filing an answer to said complaint, in which case said answer shall set forth the facts relied upon to show the invalidity of the district and shall be served upon the district attorney before being filed in such proceeding. Such proceeding is hereby declared to be a proceeding in rem and the final judgment rendered therein shall be conclusive against all persons whomsoever, including the district and the State of California.
32. Bonds of officers and employees
The board may require any officer or employee to give bond for the faithful performance of the duties of his office, in such penal sum as may be fixed by the board.When deemed expedient by the board, a master bond may be used which shall provide coverage on more than one officer, employee or agent of the district who is required by the district to give bond. Such bond shall be in the form and for the term which is approved by the board.The premium for such bond shall be paid by the district.
33. Temporary investment of proceeds of sale of bonds of zone
Notwithstanding any provisions of this act to the contrary, in the event the proceeds from the sale of bonds of any zone are invested temporarily in United States bonds, notes, or certificates of indebtedness, or in other legal investments, pending the expenditure of said funds for the purpose or purposes for which said indebtedness was incurred, any revenue or interest received or accruing therefrom may be used to pay the annual or semiannual installments of principal and/or interest on said bonds as same become due.
34. Construction of act
This act, and every part thereof, shall be liberally construed to promote the object thereof, and to carry out its intents and purposes.
35. Separability provision
If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, or the application of such provision to other persons or circumstances, shall not be affected thereby.
36. Provisions applicable to establishment, government, operation and financing of zone in Pleasanton or Murray Townships
37. Annexation of new territory to zone: Petition, hearing, etc.
Notwithstanding any other provisions of this act, the following shall apply with respect to the annexation of new territory to any zone:
1. A petition for annexation by election signed by 25 percent of the freeholders residing in the territory proposed to be annexed as shown by the last equalized assessment roll of the county, shall be presented to the board. The petition shall designate specifically the boundaries of the territory proposed to be annexed, and its assessed valuation as shown by the last equalized assessment roll; shall state that the territory is not within the limits of any other zone; and shall ask that the territory be annexed to the zone. The petition shall be accompanied by a bond in the sum of not less than one hundred dollars ($100), to be approved by the board and filed with the clerk of the board as security for the payment by the petitioners of the reasonable cost of the election on annexation, in the event that at the election, less than a majority of the votes cast are in favor of annexation. The petition shall be verified by the affidavit of one of the petitioners. The petition shall be published by the petitioners for at least two weeks preceding its hearing in a newspaper of general circulation published in the zone, if there is one, and if not, in a newspaper of general circulation published in the district, together with a notice stating the number of signers of the petition, the time when the petition will be presented to the board, and that all persons interested may appear and be heard. It shall not be necessary to publish the names of the signers. At the time specified for the hearing, the board shall hear the petition and may adjourn the hearing from time to time. Upon final hearing of the petition, the board, if it approves the petition as originally presented, or in a modified form, shall make an order describing the exterior boundaries of the territory proposed to be annexed and ordering that an election be held for the purpose of determining whether or not he territory shall be annexed to the zone. The order shall fix the day of the election, which shall be within 60 days from the date of the order, and shall show the boundaries of the territory proposed to be annexed to the zone.This order shall be entered in the minutes and is conclusive evidence of a due presentation of a proper petition, and of the fact that each of the petitioners was, at the time of the signing and presentation of the petition, qualified to sign. If a majority of the votes in the territory proposed to be annexed and an election called therein by the board for that purpose are in favor of the annexation the clerk of the board shall make and cause to be entered in the minutes and endorsed on the petition an order approving the petition and the petition shall be filed. The entry is conclusive evidence of the fact and regularity of all prior proceedings of every kind required by law and of the facts stated in the entry. The board at its next regular meeting after the entry shall, by an order, alter the boundaries of the zone and annex to it the territory described in the petition. The order of the board is conclusive evidence of the validity of all prior proceedings leading up to the annexation and recited in the order, and from and after the order the territory is part of the zone. If, at the election, less than a majority of the votes in a territory proposed to be annexed are in favor of the annexation of the territory to the zone, the signers of the petition shall, within 10 days after the canvassing of the votes of the election, pay to the board the reasonable cost of the election and if not paid within 10 days, the board may sue on the bond to recover the cost of the election. If the result of the election is against annexation, the board shall, by order, disapprove the petition and enter the order in its minutes. No other proceeding shall be taken in relation thereto until the expiration of six months from the presentation of the petition, except to collect the costs of the election.
2. A petition for annexation without election signed by the owners of real property in the territory proposed to be annexed, which real property represents at least 75 percent of the total assessed valuation of the territory as shown by the last equalized county assessment roll shall be presented to the board.The petition shall designate specifically the boundaries of the territory and its assessed valuation as shown by the last equalized county assessment roll and shall show the amount of real property owned by each of the petitioners and its assessed valuation as shown by the last equalized county assessment roll.The petition shall state that the territory is not in any other zone and shall ask that the territory be annexed to the zone. The petition shall be verified by the affidavit of one of the petitioners. It shall be published by petitioners at least two weeks preceding the hearing in a newspaper of general circulation published in the zone, if there is one, and if not, in a newspaper of general circulation published in the district.With the petition there shall be published a notice stating the number of signers of the petition, the time when the petition will be presented to the board and stating that all persons interested may appear and be heard. It shall not be necessary to publish the names of the signers. At the time designated the board shall hear the petition and any person interested, and may adjourn the hearing from time to time. Upon the hearing of the petition, the board shall determine whether or not it is for the best interests of the zone and the contiguous territory that the territory be annexed to the zone and the board may modify the boundaries of the territory proposed to be annexed as set forth in the petition. If the board upon final hearing determines that it is for the best interests of the zone and of the territory proposed to be annexed, that the territory be annexed it shall make an order describing the boundaries of the territory proposed to be annexed and shall alter the boundaries of the zone and annex to it the territory described in the petition and the territory is then a part of the zone.
3. The city council of any city within the County of Alameda may apply to the board for consent to annex the territory of the city, or any portion thereof, to an existing zone. Such application shall be in the form of an ordinance adopted by a majority of the members of the city council of said city, shall describe the boundaries of the city or that portion thereof desired to be annexed, and shall contain a declaration that the area to be annexed to the zone will be benefited by such annexation. Upon receipt of a certified copy thereof from the city council the board shall fix a time and place for public hearing of said ordinance and notice of such hearing shall be given by publication for at least two weeks in a newspaper of general circulation circulated in such zone, if there be such newspaper, and if there be no such newspaper then by publication in a newspaper of general circulation published in the district. Publication shall be completed at least seven days before the date of the hearing. Said notice shall contain a copy of the ordinance of the city council and state that all persons interested may appear and be heard. At the time fixed for the hearing or at any time to which it is continued the board shall hear and pass upon the proposal and any objections that may be filed to the inclusion of any property in the proposed annexation. The board shall determine whether or not annexation is in the best interests of the zone and the territory proposed to be annexed and the board may modify the boundaries of the territory proposed to be annexed. If the board upon final hearing determines that the territory proposed to be annexed, or any part thereof, and the zone, will be benefited by annexation, it may by resolution order that the boundaries of the zone be altered to include that territory and the territory is then a part of the zone.
4. No petition or application for annexation by any of the abovementioned methods shall be accepted by the board if a zone annexation petition or application involving any of the same territory is pending before it.
5. Whenever any new territory is annexed to a zone it thereupon becomes subject to all the liabilities and entitled to all the benefits of the zone; provided, further, that as a condition of annexation the board may by resolution determine that each parcel of the territory to be annexed should pay its proportionate share of all costs previously paid for by other properties within said zone and shall in said resolution fix the amount to be contributed by each parcel.
[Added by Stats 1957 ch 655 § 1 p 1853; Amended by Stats 1963 ch 247 § 1 p 1004.]
38. Operation and financing of zone in Washington Township
39. Replenishment assessments: Purpose: Levy: Applicable procedures and regulations