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completed or not, shall be paid by the municipal corporation so annexing or attempting to annex such territory. In the event that a tax for road purposes has been levied by the board of supervisors of any county against property situated in territory which, subsequent to such levy, is annexed to any municipal corporation under the provisions of this act, but which, at the time of such annexation has not been collected, then all such taxes so uncollected shall be and become the property of the municipal corporation to which such 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 municipal corporation, upon proper warrant therefor. The town or city clerk, or other officer performing the duties of clerk of such municipal corporation, 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 municipal corporation, setting forth the facts, and the date of such annexation, and the amount in the hands of said county treasurer so due such municipal corporation. Such 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. This section shall apply to all such taxes not paid into the county treasury prior to the taking effect of this act.

§ 11. Act of 1889 not repealed. Alternative method provided. Title of act. This act shall not repeal an act entitled "An act to provide for the alteration of the boundaries of and for the annexation of territory to incorporated towns and cities, and for the incorporation of such annexed territory in and as a part of such municipalities, and for the districting, government, and municipal control of annexed territory," approved March 19, 1889, or acts amendatory to said act, but is intended and does provide an alternative method for the annexation of territory to municipal corporations. When any proceedings for the annexation of territory to any municipal corporation are menced under this act, the provisions of this act, and of such amendments thereof as may hereafter be adopted, and no other, shall apply to such proceedings. This act may be designated and referred to as the "annexation act of 1913." [Amendment of April 29, 1915. In effect August 8, 1915. Stats. 1915, p. 310.]

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

ACT 5160.

An act to provide for changing the boundaries of cities and municipal corporations, and to exclude territory therefrom.

[Approved March 20, 1889. Stats. 1889, p. 433.]

Amended 1905, p. 715.

See post, next act.

§ 1. Exclusion of territory and changing boundaries of municipal corporations.

§ 2. Act takes effect when.

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§ 1. Exclusion of territory and changing boundaries of municipal corporations. The boundaries of any city or municipal corporation may be altered, and territory excluded therefrom after proceeding had, as required in this section. The council, board of trustees, or other legislative body of such corporation, shall upon receiving a petition therefor, signed by not less than a majority of the qualified electors thereof, as shown by the vote cast at the last municipal election held therein, submit to the electors of such corporation the question whether such territory as is proposed by such petition shall be excluded from such municipal corporation and cease to be a part thereof. Such question shall be submitted at a special election to be held for that purpose, and such legislative body shall give notice thereof by publication in a newspaper printed and published in such corporation for a period of four weeks prior to such election. Such notice shall distinctly state the proposition to be so submitted, and shall designate specifically the boundaries of the territory so proposed to be excluded. And the electors shall be invited thereby to vote upon such proposition by placing upon their ballots the words "For exclusion" or "Against exclusion," or words equivalent thereto; such legislative body shall also designate the place or places at which the polls will be opened in such territory so proposed to be excluded, which place or places shall be that or those usually used for that purpose within such territory, if any such there be, and for the purposes of this act, the qualified electors residing in the territory proposed to be excluded shall be entitled to vote at the polls in such territory, and not elsewhere. Such legislative body shall also appoint and designate in such notice the names of the officers of election. Such legislative body shall meet on the Monday next succeeding the day of such election, and proceed to canvass the votes cast thereat. The votes cast in such territory so proposed to be excluded shall be canvassed sepa rately, and if it shall appear on such canvass that a majority of all the votes cast in such territory, and a majority of all the votes in such corporation, shall be for exclusion, such legislative body shall, by an order entered upon their minutes, cause their clerk, or other officer performing the duties of clerk, to make and transmit to the secretary of state a certified abstract of such vote, which abstract shall show the whole number of electors voting in such territory, the whole number of electors voting in such corporation, exclusive of such territory, the number of votes cast in each for exclusion, and the whole number of votes cast in each against exclusion. From and after the date of filing such abstract, such exclusion of territory from such municipal corporation shall be deemed complete, and thereafter such territory shall cease to be a part of such municipal corporation; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of such territory from any liability for any debt contracted by such municipal corporation prior to such exclusion; and provided further, that such municipal corporation is hereby authorized to levy and collect from any territory so excluded, from time to time, such sums of money as shall be found due from it on account of its just proportion of liability for any payment on the principal or interest of such debts. Such assessment and collection shall be made in the same manner and at the same time that such assessment and collection is levied and made upon the property

of such municipal corporation for any payment on account of such debts; and provided further, that any such territory so excluded from any municipal corporation may at any time tender to the legislative body of such municipal corporation the amount for which such territory is liable on account of such debts, and after such tender is made, such authority as is herein given such municipal corporation to levy and assess taxes on such excluded territory shall cease; provided, however, that after an election shall have been held for the exclusion of any portion of a municipal corporation, if the vote shall be against exclusion, no election for the exclusion of the same territory shall again be held within three years from the date of such former election. [Amended 1905, p. 715.]

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

The amending act of 1905, contained the following provision:
"All acts and parts of acts in conflict herewith are hereby repealed."
This act is general and constitutional: People ex rel. Connolly v.
Coronado, 100 Cal. 571, 572, 35 Pac. 162.

ACT 5161.

An act to provide for changing the boundaries of cities and municipal corporations, and to exclude uninhabited territory therefrom.

[Approved June 11, 1913. Stats. 1913, p. 703.]

See ante, Act 5160.

§ 1. Excluding uninhabited territory from cities.

§ 2. Legislative district not affected.

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§ 1. Excluding uninhabited territory from cities. The boundaries of any city or municipal corporation may be altered, and uninhabited territory excluded therefrom, after proceedings had, as required in this section. The legislative body of any municipal corporation, upon receiving a written petition therefor, containing a description of the uninhabited territory proposed to be excluded from said corporation, and signed by not less than one-tenth in number of the qualified electors of such municipal corporation, computed on the number of votes cast at the last general municipal election held therein, must, without delay, notify the board of supervisors of the county in which said town or city is located of the fact of filing such petition.

Notice to be published. Upon receipt of such notification it shall be the duty of said board of supervisors to cause a notice to be published in said county for a period of five successive days in case there is a daily newspaper therein, or in case where there is only a weekly or semi-weekly newspaper published therein then, for two successive weekly or semi-weekly publications, setting forth by general description the land sought to be excluded from the said municipality and announcing the time and place when and where objections to said exclusion will be heard.

Objection to exclusion. Any person owning any land so sought to be excluded may object to said exclusion by filing a written remonstrance with the said board of supervisors. At the time specified in

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said notice, or at such other time as may be fixed by postponement, the said board of supervisors shall hear the said protestations, and unless the remonstrances are filed by the owners of more than onehalf of the land sought to be excluded, the decision of said board of supervisors upon said protestations shall be final and conclusive.

When more than half of owners remonstrate. In the event that the owners of more than one-half of the land sought to be excluded, or the owners of any single tract of land exceeding five acres in area, file remonstrances against such exclusion, said protestations shall be sustained by the board of supervisors and shall be a bar to any further proceedings under the provisions of this act for the period of one year. In the event that there are no protestations filed or if filed, if the same are overruled by said board of supervisors, and the said board shall by resolution consent to the exclusion of said uninhabited territory by the municipality, it shall then be the duty of the legis lative branch of said municipality to submit to the electors of such municipality the question whether or not said territory proposed to be excluded shall be excluded from said municipal corporation.

Election. Such question shall be submitted at a special election to be held for that purpose, or at any municipal election. Notice of said election shall be published in a newspaper, printed in such city or town, at least once a week for a period of two weeks next preceding such election. Said notices shall state that it is proposed to exclude the territory sought to be excluded from said municipal corporation and invite the electors of said city or town to vote upon such proposition by placing a cross (X) opposite the words "For exclusion" or the words "Against exclusion" to indicate whether they vote for or against the exclusion of such territory. In said notice the territory sought to be excluded may be generally described in such manner as to apprise the voters of the particular land or territory sought to be excluded.

Voting plans, etc. Said legislative body is hereby empowered and it shall be its duty to establish and in such notice of election designate the voting precinct or precincts, or places at which the polls will be opened in said city or town, and said elective body is empowered to appoint the officers of such election, who shall be for each voting place at least two judges and one inspector, each of whom shall be a qualified elector of said city or town.

Election returns. The judges and inspectors of such election shall immediately upon the closing of the polls, count the ballots, make up and certify the returns of the ballots cast at their respective polling places, as quickly as possible, in the manner provided in the laws of this state, and deposit all said returns with the clerk of said city or town. Said legislative body shall, at the time provided for its regular meeting next after said returns are filed with the clerk of said city or town, meet and proceed to open and canvass said returns, and immediately upon the completion of such canvass cause a report thereof to be made and entered upon its minutes, showing the whole number of votes cast and the number cast in favor of exclusion and the number cast against exclusion; and if it shall appear from such canvass that a majority of votes cast is in favor of exclusion, the clerk or other officer performing the duties of the clerk of such legis

lative body shall make and certify, under the seal of such municipal corporation, and transmit to the secretary of state and to the board of supervisors of the county in which said city or town is located, a copy of said report so entered upon its minutes, together with a statement showing the date of said election and the time and result of said canvass, which document shall be filed by the secretary of state and the clerk of said board of supervisors.

Exclusion deemed complete. From and after the date of filing of said document in the office of the secretary of state, the exclusion of such territory so proposed to be excluded shall be deemed and shall be complete and thenceforth such extended territory shall cease to be a part of such municipal corporation, for all intents and purposes; provided, that nothing contained in this act shall be held to relieve in any manner whatsoever any part of said territory from any liability for any debt contracted by such municipal corporation prior to such exclusion; and provided, further, that such municipal corporation is hereby authorized to levy and collect from any territory so excluded from time to time such sums of money as shall be found due from it on account of its just proportion of liability for any payment on the principal or interest of such debts.

§ 2. Legislative district not affected. Nothing in this act shall alter or affect the boundaries of any senatorial or assembly district. § 3. Expenses. All proper expenses of proceedings for exclusion of uninhabited territory under this act, whether such exclusion shall be made and completed or not, shall be paid by the municipal corporation so excluding or attempting to exclude such territory.

АСТ 5162.

An act providing for the adjustment, settlement, and payment of any indebtedness existing against any city or municipal corporation at the time of exclusion of territory therefrom, and the division of the property thereof. [Approved March 25, 1893. Stats. 1893, p. 536.] Codified by §§ 1822c-1822f, Code of Civil Procedure.

Proceedings for adjustment of indebtedness on exclusion of territory from city: See Code Civ. Proc., § 1822e et seq.

ACT 5163.

To provide for the alteration of the boundaries of incorporated towns and cities by the annexation of uninhabited territory thereto, and for the incorporation of such annexed territory in and as a part of such municipality, and for the districting, government and municipal control of annexed territory.

[Stats. 1899, p. 37.]

Petition, notice, hearing, protest. Election. Annexation, when complete. Indebtedness.

§ 1.

§ 2.

Altering boundaries of wards on annexation.

§ 3.

Senatorial and assembly districts not affected.

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