The sufficiency or insufficiency of such petition shall not be subject to review by the board of supervisors. Sufficiency of petition not subject to review after election. After an election for the disincorporation of a water district hereunder the sufficiency of such petition in any respect shall not be subject to judicial review or be otherwise questioned. Notice of election. If by the certificate of the county clerk such petition, or such petition as amended or supplemented, is shown to be sufficient, the county clerk shall present the same to the board of supervisors without delay. When such petition is presented by the county clerk as aforesaid, the board of supervisors shall give notice of an election to be held in said proposed water district for the purpose of determining whether or not the same shall be disincorporated and dissolved; provided, however, that in the event the said district shall have issued bonds, the board of supervisors shall not consider said petition or take any action hereunder until evidence shall be furnished showing said bonds to have been fully satisfied. Publication. Said notice of election shall be published in a newspaper published in said district and determined by said board most likely to give notice to those interested in said hearing, at least once a week for a period of three weeks; said notice shall state that the question of disincorporating said corporation shall be submitted to the legal voters of said district at the time appointed for such election, and electors shall be invited thereby to vote upon such proposition by placing upon their ballots the cross as provided by law after the words "for disincorporation" or "against disincorporation." Mailed to electors. The board of supervisors shall cause a copy of said notice to be mailed by the clerk of said board to each of the directors of said municipal water district, within five days after the date of the first publication thereof, and no election shall be had until proof of such mailing is furnished by affidavit of the clerk of said board. Manner of holding election. Such election shall be held and conducted in the same manner as the election on the organization of said district, as nearly as practicable in conformity with the general election laws of the state of California, in so far as said general laws may be applicable, except as in this act otherwise provided. Canvass of vote. At the first regular meeting next after the date of said election, the board of supervisors shall proceed to canvass the vote cast thereat; if it be found by the canvass of said votes that less than a majority of the votes cast were in favor of disincorporation, said board of supervisors shall declare the petition for disincorporation denied. Order of disincorporation. In case it shall appear from said canvass that a majority of all the votes cast were in favor of disincorporation, said board of supervisors shall under their hands make and file in their office, and cause to be entered upon the records of their proceedings an order that the petition for such 'disincorporation be granted, and declaring that such municipal water district be disincorporated; said order to take effect at the time hereinafter provided. Said board of supervisors shall in case said municipal water district is so disin corporated, forthwith cause its clerk, or other officer performing the duties of clerk, by an order entered in its minutes, to make and transmit to the secretary of state a certified copy of the notice of election herein before provided for, the whole number of electors voting for said disincorporation and the number of electors voting against said disincorporation. Time of taking effect. Twenty days from and after the holding of the election, in case a majority of said votes were cast in favor of said disincorporation, said municipal water district shall be forever disincorporated. [New section added May 29, 1915. Stats. 1915, p. 921.] § 27b. Settlement of indebtedness. Property turned over to supervisors. Insufficiency of surplus. Procedure if directors fail to act. Upon the disincorporation of any water district in the manner hereinbefore provided for, the board of supervisors shall forthwith, after ascertaining by said canvass that the disincorporation has been carried, determine the amount of the indebtedness of said municipal corporation, the amount of money in the treasury thereof and all indebtedness due or coming due the said municipal water district, and the directors of said district shall furnish the said board of supervisors with a statement showing said amount of indebtedness, the said amount of money in the treasury and all indebtedness due or coming due said district, and said municipal water district shall before the expiration of thirty days turn over to the treasurer of said county all moneys of said water district in his possession, and said county treasurer shall place said money in a special fund to be drawn upon as hereinafter provided for. Property turned over to supervisors. Upon the disincorporation of said district every public officer of said district shall immediately turn over to the board of supervisors of the county in which said district is situated, all public property of every nature and description in their possession, and including all public records and data of every nature and description. Nothing contained in this act shall be held to relieve said municipal water district, or the territory included within it, from any liability or any debt contracted by said district prior to its disincorporation. Warrants for indebtedness. All warrants for said indebtedness shall be drawn on order of the board of supervisors of the county in which said municipal water district is situated, on the fund hereinabove provided for in the county treasury. Moneys paid into special fund. All moneys paid into the county treasury under the provisions of this act shall be placed in the special fund herein before provided for. If funds insufficient to pay indebtedness. If at any time after the disincorporation of said district it shall be found that there is not sufficient money in the treasury to the credit of the fund herein before provided, with which to pay any indebtedness of said water district, said board of supervisors shall have the power, and it shall be their duty, to levy and there shall be collected from the territory formerly included within said district, a tax or taxes sufficient in amount to pay the said indebtedness as the same shall become due; such tax or taxes, assessments and collections shall be made in the same manner and at the same time that other taxes of the county are levied and collected, and they shall be an additional tax within said territory for the payment of said debts. If funds show surplus. If after payment of all debts of said district there shall remain any surplus in the hands of said county treasurer to the credit of the fund herein before mentioned, the board of supervisors shall appropriate said surplus and declare a dividend pro rata to the taxpayers of said district duly paid, and said taxpayers shall have the right to have the amount of such pro rata dividends refunded to them on demand, and the said board of supervisors shall refund such pro rata to said taxpayers and each thereof. Supervisors may ascertain indebtedness, etc., if directors fail to act. The board of supervisors of the county in which any such water district has been disincorporated, shall have the power and it shall be the duty of said board, if the board of directors of such municipal water district shall fail or refuse to return to said board the statement of said amounts as herein before in this act provided, to ascertain the indebtedness, other than the bonded indebtedness, of said district at the time of its disincorporation, the amount of money in its treasury and the amount due it at the said time; said board of supervisors shall make provision for the collection of the amounts due to said district, for the closing up of its affairs, and any act or acts necessary for said purposes not otherwise herein provided for, shall upon the order of said board of supervisors directing the same, be as fully done and performed and with as full effect as if the same had been performed by the proper officers of said district before disincorporation, and said county shall succeed to and possess all the right of said district in and to said indebtedness, and shall have the power to sue for or otherwise collect any such debts in the name of said county, and all costs and expenses of ascertaining the facts hereinbefore mentioned, and all other costs and expenses incurred by the board of supervisors in the execu tion of the orders and duties of said board of supervisors provided for in this act, shall be paid out of the special fund in this act provided for. Intention of act. It is the intention that no municipal water district shall be disincorporated until all bonded indebtedness shall have been fully paid, and by the word "indebtedness" as used herein is meant all indebtedness other than said bonded indebtedness unless the latter is expressly used. [New section added May 29, 1915. Stats. 1915, p. 923.] § 28. Application to act. Definitions. Nothing in this act shall be so construed as repealing or in any wise modifying the provisions of any other act relating to water or the supply of water to, or the acquisition thereof, by municipalities within this state. The term "municipality," as used in this act, shall include a consolidated city and county, city or town, and shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing and those hereafter organized for municipal purposes within such water districts. In municipalities in which there is no mayor the duty imposed upon said officer by the provisions of this act shall be performed by the president of the board of trustees or other chief executive of the municipality. The word "district" shall apply, unless otherwise expressed or used, to a water district formed under the provi sions of this act, and the word "board" and the words "board of di rectors" shall apply to the board of directors of such district. [Amend ment approved December 24, 1911; Stats. Ex. Sess. 1911, p. 106.] § 29. Duty of registrar of voters. If there shall be a registrar of voters, other than the county clerk, in any county or city and county in which any water district proposed to be incorporated, or incorporated under the provisions of this act, is situated, the duties required by this act to be performed by the county clerk respecting the nomination of candidates for offices of such water district, and the holding of elec tions in such water district shall be performed by such registrar of voters. [New section approved December 24, 1911; Stats. Ex. Sess. 1911, p. 106.] § 30. Continuance of proceedings under former act. Any and all proceedings had or taken under the provisions of the act of which this act is amendatory, already commenced and pending at the time this act takes effect, may be continued under the provisions of the act of which this act is amendatory with the same force and effect as if this act had not been enacted. [New section approved December 24, 1911; Stats. Ex. Sess 1911, p. 107.] Old section 31 repealed and new section 31 added as follows: § 31. Amendment to title of former act. The title of said act is hereby amended so as to read as follows: An act to provide for the incorporation and organization and management of municipal water districts, and to provide for the acquisition or construction by said districts of waterworks and for the acquisition of all property necessary therefor, and also to provide for the distribution and sale of water by said districts. [New section approved December 24, 1911; Stats. Ex. Sess. 1911, p. 107.] This act is constitutional: Henshaw v. Foster, 176 Cal. 507, 169 Pac. 82. There was another act relating to this subject entitled "An act to provide for the incorporation, organization and management of munici pal water districts," approved April 26, 1909, Stats. 1909, p. 1097, which was probably superseded by the foregoing act. ACT 5244. An act legalizing and validating the formation and organization of Marin municipal water district in the county of Marin, state of California; declaring the same created; fixing, defining and estab lishing the boundaries thereof; providing for its management and control subject to the provisions of the laws of the state of California relative to municipal water districts; and repealing all acts and parts of acts inconsistent therewith. [Approved April 16, 1915. Stats. 1915, p. 84.] ACT 5245. An act to validate bonds of Marin municipal water district of Marin county, California, and all proceedings relating thereto. [Approved March 31, 1921. Stats. 1921, p. 31. In effect July 29, 1921.] Former act: Stats. 1915, p. 84. TITLE 383. NAMES. ACT 5255. An act to provide for the registration of farm, ranch and villa names in California. [Approved March 1, 1911. Stats. 1911, p. 255.] § 1. Registration of farm, ranch and villa names. § 2. Penalty for registering name of another. § 1. Registration of farm, ranch and villa names. Any farm, ranch, or villa owner in this state, may upon the payment of one dollar to secretary of state, have the name of his farm, ranch or villa duly registered in a register which the secretary of state shall keep for said purpose, and shall be furnished a certificate, issued under seal, and setting forth the name and location of the farm, ranch or villa, and name of the owner; provided, that when any name shall have been recorded as the name of any farm, ranch or villa, such name shall not be recorded as the name of any other farm, ranch or villa in this state, except by prefixing or adding of designating words thereto. The secretary of state shall register such name only for the person entitled thereto. § 2. Penalty for registering name of another. Any person who shall register as his own, any such name already in use in this state, knowing such name to be adopted as the name of a farm, ranch or villa therein, or shall make use of such name when regularly registered and in use by any other person entitled thereto under the provisions of this act shall be guilty of a misdemeanor. Registration of farm names: See Pol. Code, § 3196a. ACT 5265. TITLE 384. NAPA CITY. Act to incorporate. [Stats. 1871-72, p. 542.] Reincorporated under statute of 1873-74, p. 140, which must operate as a repeal of the earlier statute. See next act. ACT 5266. Reincorporating. [Stats. 1873-74, p. 140.] Amended 1875-76, p. 550; 1877-78, p. 1011. Superseded by charter, 1893, p. 641. See Act 5268. ACT 5267. Water supply for. [Stats. 1875-76, p. 595.] ACT 5268. Charter of Napa. [Stats. 1893, p. 641.] Amended 1903, p. 689. See charter of 1914, next act. |