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duties of clerk of such town or city, shall, at any regular meeting of the board of supervisors of said county, present, and file a verified claim for any money thus due such town or city, setting forth the fact, and the date of such annexation, and the amount in the hands of said county treasurer so due such town or city. Said claim shall be audited by the board of supervisors in the manner in which other claims against the county are audited, and if the amount thereof is correct, the same shall be allowed, and the county auditor instructed to draw his warrant for said amount against the road fund of the district in which such annexed territory is situated. The law shall apply to all such taxes not paid into the county treasury prior to the passage of this act. [Amended 1905, p. 551, took effect immediately.] § 412. Taxes of annexed territory become property of city. City clerk to file claim. Claim audited by supervisors. Claims against annexed territory. City clerk to act as redemption officer. All taxes levied by the board of supervisors of any county, or by the legislative body of any sanitary or other political district other than school districts, for the purpose or purposes of such sanitary or other political district, against property situated in territory which subsequent to such levy is annexed by any town or city under the provisions of this act, but which, at the time of such annexation, has not been collected, shall be and become the property of the town or city to which that territory is annexed, and the same shall, with other county taxes, be collected by the county tax collector, and by him paid into the county treasury of said county, after which the same shall, by the county treasurer, be paid to such town or city, upon proper warrant therefor, and all such taxes which are at the time of such annexation in the county treasury, shall be and become the property of the town or city to which such territory is annexed, and shall be by said county treasurer paid to such town or city, upon the proper warrant therefor, as hereinafter provided. The town or city clerk or other officer performing the duties of clerk of such town or city shall, at any regular meeting of the board of supervisors of said county, present and file a verified claim for any money thus due said town or city, setting forth the fact and the date of such annexation, and the amount in the hands of said county treasurer so due such town or city. Said claim shall be audited by the board of supervisors in the manner in which other claims against the county are audited, and if the amount thereof is correct, the same shall be allowed and the county auditor instructed to draw his warrant for said amount against the several funds of the several districts herein referred to, in which such annexed territory is situated, said funds upon such transfer shall not be used for any purpose other than that for which it was originally intended. The city or town to which such territory is annexed, shall have the power, and it is hereby authorized to adjust, settle and pay any and all lawful claim or claims outstanding against any part of the territory so annexed contracted for before said territory became annexed, of any such sanitary or other political district or districts within the territory so annexed. Provided, however, if any such taxes shall have been illegally collected within the meaning of section 3804 of the Political Code of the state of California, such illegally collected taxes shall remain in the county treasury until after the time for the repayment of such taxes as provided by section 3804 of the Political 1922

Code of the state of California shall hav

such taxes, if any remaining, shall be and town or city to which said territory is vided. The city or town clerk of the territory is annexed shall be and he is he redemption officer for the purpose of eff sold for delinquent sanitary taxes prio such sanitary districts within the territ with the provisions of section 12, Ac General Laws 1923], approved March 20 May 1, 1911. Stats. 1911, p. 1459.] § 5. Act takes effect when. This a force from and after its approval.

This act is not unconstitutional b People v. Town of Ontario, 148 Cal It is not special legislation: Un Education of Los Angeles, 125 Cal. The title is sufficiently broad: Id It is not unconstitutional as co tion of legislative power: People 84 Pac. 205.

Action to contest validity of an within three months after the co Civ. Proc., 83492.

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Code of the state of California shall have expired, after which time such taxes, if any remaining, shall be and become the property of the town or city to which said territory is annexed, as in this act provided. The city or town clerk of the city or town to which such territory is annexed shall be and he is hereby authorized to act as the redemption officer for the purpose of effecting redemption of property sold for delinquent sanitary taxes prior to such annexation in any such sanitary districts within the territory so annexed, in accordance with the provisions of section 12, Act 3349 [present number 7102, General Laws 1923], approved March 20, 1909. [New section approved May 1, 1911. Stats. 1911, p. 1459.]

§ 5. Act takes effect when. This act shall take effect and be in force from and after its approval.

This act is not unconstitutional because the notice is insufficient: People v. Town of Ontario, 148 Cal. 625, 84 Pac. 205.

It is not special legislation: Union School District v. Board of Education of Los Angeles, 125 Cal. 593, 58 Pac. 175.

The title is sufficiently broad: Idem.

It is not unconstitutional as comprising an unwarranted delegation of legislative power: People v. City of Ontario, 148 Cal. 625, 84 Pac. 205.

Action to contest validity of annexation proceedings to be brought within three months after the completion of the proceedings: Code Civ. Proc., § 3492.

ACT 5159.

An act to provide for the alteration of the boundaries of and for the annexation of territory to municipal corporations, for the incorporation of such annexed territory in and as a part thereof, and for the districting, government and municipal control of such annexed territory.

§ 1.

§ 2.

§ 3.

§ 4.

§ 5.

[Approved June 11, 1913. Stats. 1913, p. 587.]

Amended 1915, p. 305; 1917, p. 26.

See prior act.

Municipal corporations may annex contiguous territory.
City council to call election. Petition. Notice of election. Date
and proposition. Voting precincts. Election officers. Ballots.
Count of ballots. Canvass of returns.

Should majority in outside territory favor. Question submitted
in city.

Record of votes cast. Should majority favor. Annexation com-
plete. Territory of a city may not be annexed.
Question of taxing annexed territory to pay indebtedness of
city. Proposition submitted. Notice to specify improvements,
etc. Should majority favor. Annexation complete. When
property subject to taxation.

§ 6. Propositions to annex two or more bodies of territory may be voted on at one time. Failure of one proposition does not affect others. Case of territory not contiguous; exception. Questions deemed adopted. Record of canvass of returns. Records not to include propositions that failed.

87. Petition for annexation to be made to only one municipality. Five electors may file notice of intention to circulate petition for annexation. Adverse result of election.

§ 8. Adding territory to wards of city.

§ 9. Legislative districts not affected.

§ 10. Expenses. Road tax uncollected to belong to city. Applies to all taxes.

§ 11. Act of 1889 not repealed. Alternative method provided. Title of act.

§ 1. Municipal corporations may annex contiguous territory. The boundaries of any municipal corporation may be altered and new territory annexed thereto, incorporated and included therein, and made a part thereof, upon proceedings being had and taken as in this act provided. Any such new territory so proposed to be annexed to a municipal corporation must be contiguous thereto, or contiguous to territory that is contiguous to said municipal corporation, and which the voters of the territory have voted in favor of annexation to said municipal corporation but the proceedings upon the annexation of said last named territory have not yet been determined by the vote thereon of said municipal corporation. [Amendment of April 29, 1915. In effect August 8, 1915. Stats. 1915, p. 305.]

§ 2. City council to call election. Petition. Notice of election. Date and proposition. Voting precincts. Election officers. Ballots. Count of ballots. Canvass of returns. The legislative body of any municipal corporation, upon receiving a written petition therefor, signed as hereinafter provided, containing a description of the new territory proposed to be annexed to such municipal corporation, and asking that such territory be annexed thereto, must, without delay, call a special election, and submit to the electors residing in the territory proposed by such petition to be annexed to such municipal corporation the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation.

Petition. Such petition shall be signed by not less than one fourth in number of the qualified electors residing within the territory described therein, as shown by the registration of voters of the county in which such territory is situated.

Notice of election. Such legislative body is hereby empowered to, and it shall be its duty to cause notice to be given of such election by the publication of a notice thereof in a newspaper of general circulation, if any such there be, printed and published outside of such municipal corporation, but in the county in which the territory so proposed to be annexed is situated, at least once a week for a period of four successive weeks next preceding the date of such election. If there be no such newspaper, then such legislative body shall cause such notice of such election to be given by the posting thereof in three public places within the territory so proposed to be annexed at least four weeks next preceding the date of such election.

Date and proposition. Such notice shall distinctly state the date of such election, and the proposition to be submitted, to wit, that it is proposed to annex to, incorporate in, and make a part of such municipal corporation the territory sought to be annexed, specifically describ ing the boundaries thereof. In addition to said description, such territory shall also be designated in such notice by some appropriate name or other words of identification, by which such territory may be referred to and indicated upon the ballots to be used at any elee1924

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Election officers. The le
is empowered to, and it
who shall be, for each vo
one inspector, each of who
precinct in which he is ap

Ballots. Upon the ballot
printed the words "shall (
territory proposed to be a
be annexed to the city of
(giving the name or other
annexed, as stated in the
of (stating name of city)-
to the right of and opposit
stamp a cross (X) in the
the vote of such elector sh
of the territory referred to
poration named therein; and
the voting square after th
elector shall be counted aga

Count of ballots. The bal
closing of the polls, and th
shall be in conformity, as n
concerning general elections,
judges and inspector of such
diately
on the closing of the

and seal the ballots and ta
spective polling places, doing
ner provided in the laws of
they shall thereupon deliver
and deposit the same with
municipal corporation.

Canvass of returns. Such vided for its regular meeting from and after the date of st said returns; and such canvas practicable, and in any event, ment or adjournments, until sa

Record of result. Immediate said legislative body shall caus tered upon its minutes, stating the whole number of votes eas

tion at which the question of such annexation is submitted as in this act provided. The electors in such territory shall be directed by such notice to vote upon such question in the manner hereinafter set forth in this section.

Voting precincts. Such legislative body is hereby empowered, and it shall be its duty to establish, and in such notice of election to designate, the voting precinct or precincts and the place or places at which the polls will be open for such election in such territory so proposed to be annexed, which said place or places shall be that or those commonly used as voting places within such territory, if any such there be.

Election officers. The legislative body of such municipal corporation is empowered to, and it shall, appoint the officers of such election, who shall be, for each voting place in such territory, two judges and one inspector, each of whom shall be a qualified elector of the voting precinct in which he is appointed to act as an officer of such election. Ballots. Upon the ballots to be used at such election, there shall be printed the words "shall (giving the name or other designation of the territory proposed to be annexed, as stated in the notice of election) be annexed to the city of (stating name of city)-Yes," and "shall (giving the name or other designation of the territory proposed to be annexed, as stated in the notice of election) be annexed to the city of (stating name of city)—No," and there shall be a voting square to the right of and opposite each such proposition. If an elector shall stamp a cross (X) in the voting square after the printed word "Yes," the vote of such elector shall be counted in favor of the annexation of the territory referred to in such proposition to the municipal corporation named therein; and if an elector shall stamp a cross (X) in the voting square after the printed word "No," the vote of such elector shall be counted against such annexation.

Count of ballots. The ballots used at such election, the opening and closing of the polls, and the holding and conducting of such election, shall be in conformity, as near as may be, with the laws of this state concerning general elections, except as herein otherwise provided. The judges and inspector of such election for each polling place shall immediately on the closing of the polls, count the ballots, make up, certify and seal the ballots and tally sheets of the ballots cast at their respective polling places, doing so, as nearly as practicable, in the manner provided in the laws of this state relating to general elections, and they shall thereupon deliver the ballots, tally sheets, and returns to and deposit the same with the clerk of the legislative body of such municipal corporation.

Canvass of returns. Such legislative body shall, at the time provided for its regular meeting next after the expiration of three days from and after the date of said election, meet and proceed to canvass said returns; and such canvass shall be completed at such meeting, if practicable, and in any event, as soon as practicable, avoiding adjourn ment or adjournments, until said canvass is completed.

Record of result. Immediately upon the completion of such canvass, said legislative body shall cause a record thereof to be made and entered upon its minutes, stating the proposition submitted and showing the whole number of votes cast thereon in the territory proposed to

be annexed, the number of votes cast therein in favor of annexation, and the number of votes cast therein against annexation.

§ 3. Should majority in outside territory favor. Question submitted in city. If it shall appear from the canvass of the returns of the election held in the territory proposed to be annexed to any municipal corporation, as provided in section two of this act, that a majority of all the votes cast in such outside territory on the question of such annexation are in favor of annexation, such legislative body may, by ordinance, approve such annexation, or, in case of failure to so approve, by ordinance, such annexation, shall then submit to the electors of such municipal corporation the question whether such territory shall be annexed to, incorporated in and made a part of such municipal corporation. Such question may be so submitted at the next general municipal election to be held in such municipal corporation, or it may be so submitted prior to such general election, either at a special election called therein for that purpose, or at any other special municipal election therein, except an election at which the submission of such question is prohibited by law. Whenever such question is submitted at any election in such municipal corporation, such question shall be stated in the notice of such election and on the ballots to be used at such election, and the electors shall vote thereon, in the same manner as herein before provided in the case of the election in the territory proposed to be annexed. And whenever such question is submitted at any such municipal election, general or special, as above provided, it shall be submitted and voted upon as other questions are required by law to be submitted and voted upon at such elections, except in particulars otherwise in this act set forth; and the laws applicable to and governing the time and manner of giving notice, conducting, holding, canvassing the returns, and declaring the result of any such election shall apply to and govern the submission of such question to the electors of such municipal corporation at any such election. [Amendment of April 2, 1917. In effect July 27, 1917. Stats. 1917, p. 26.]

§ 4. Record of votes cast. Should majority favor. Annexation complete. Territory of a city may not be annexed. Immediately upon the completion of the canvass of the returns of any election in any municipal corporation at which the question of annexation of new territory thereto was submitted, as in this act provided, the legislative body of such municipal corporation shall cause a record to be made, and entered upon its minutes, showing the total number of votes cast in such municipal corporation upon such question at such election, the number thereof cast in favor of annexation, and the number thereof cast against annexation. If it shall appear from the canvass of the returns of such election, that a majority of the qualified electors of such municipal corporation voting on the question of such annexation are in favor thereof, the clerk or other officer performing the duties of clerk of the legislative body of such municipal corporation shall make and certify, under the seal thereof, and transmit to the secretary of state, a copy of the record of the canvass of the returns of the election in such new territory and of the election in such municipal corporation at which the question of the annexation of the said new territory was submitted and entered upon its minutes as aforesaid, together with a statement showing the dates of such elections in said new territory

and in said municipal cor
canvass of the returns of
of such territory. If such

of such legislative body, a
ordinance, giving the date
document in place of the
returns of the election in
case such annexation was
in either case, shall be file
the receipt thereof. From
document in the office of t
territory so proposed to
deemed to be and shall be
ritory shall be, to all inte
corporation, except only the
shall ever be taxed to pay
of such municipal corpora
time of such annexation,
ritory which, at the time of
lative body of any munici
territory thereto forms an
be annexed under the provi
1917. In effect July 27, 19

§ 5. Question of taxing
city. Proposition submitte
Should majority favor. A
ject to taxation. Whenever
proposed to annex territory
incurred, or authorized the
the acquisition, construction
ment or improvements, the p
such municipal corporation,
contain a request that the
residing in the territory pr
such municipal corporation,
be annexed to, incorporated
corporation, and the property
to taxation, equally with th
tion, to pay any specified po
municipal corporation, outstan
tion or theretofore authorized
Proposition submitted. If
proceedings shall be had the
held in the territory proposed
as upon a petition presented
this act, excepting that the n
proposition to be submitted t
incorporate in, and make a
territory sought to be annexe
thereof, and that the property
be subject to taxation, equally
corporation, to pay such specifi

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