Bill Text: CA SB1090 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Local government: omnibus bill.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-14 - Chaptered by Secretary of State. Chapter 330, Statutes of 2012. [SB1090 Detail]
Download: California-2011-SB1090-Amended.html
Bill Title: Local government: omnibus bill.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-09-14 - Chaptered by Secretary of State. Chapter 330, Statutes of 2012. [SB1090 Detail]
Download: California-2011-SB1090-Amended.html
BILL NUMBER: SB 1090 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Committee on Governance and Finance (Senators Wolk
(Chair), Dutton, DeSaulnier, Fuller, Hancock, Hernandez,
Huff, Kehoe, La Malfa, and Liu))
FEBRUARY 15, 2012
An act to amend Section Sections 23110,
23124, 40471 , 51191, 51191.3, 51192.1, 51192.2, 53243.4,
66442, and 66450 of , and to add Section 54712 to,
the Government Code, and to amend Sections
5473.8, 5473.11, and 5474.6 of the Health and Safety Code, to
amend Sections 36622, 36629, and 36671 of the Streets and Highways
Code, to amend Section 37212 of the Water Code, and to amend
Sections 5, 8, 21, and 24 of, to add Sections 3.1 and 3.2 to, to
repeal Sections 19, 20, and 22 of, and to repeal and add Section 3
of, Chapter 931 of the Statutes of 1951, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1090, as amended, Committee on Governance and Finance. Local
government: omnibus bill.
(1) Existing law sets forth the boundary descriptions of every
county in the state, including the Counties of Fresno and Merced.
This bill would revise the boundary descriptions for the Counties
of Fresno and Merced.
(1)
(2) Existing law authorizes the legislative body of a
general law city to impose a sidewalk installation charge, as
specified, upon an affirmative vote of a majority of all of the
electors of the city voting on the proposition at an election called
for that purpose. The California Constitution conditions the
imposition of a special tax on a city, county, or special district
upon the approval of 2/3 of the voters of the city, county, or
special district voting on that tax. Existing law implements this
provision of the Constitution.
This bill would require the legislative body of a general law city
to submit a sidewalk installation charge to the voters and receive a
2/3 vote to approve the charge prior to imposing the charge, thereby
conforming these provisions to existing law.
(3) Existing law authorizes the parties to a Williamson Act
contract, after approval by the Department of Conservation, in
consultation with the Department of Food and Agriculture, to mutually
agree to rescind the contract entered into under the Williamson Act
in order to simultaneously enter into a solar-use easement that would
require that the land be used for solar photovoltaic facilities for
a term no less than 20 years, as specified.
This bill would make technical, nonsubstantive changes to these
provisions.
(4) Existing law, commencing January 1, 2012, requires any
contract executed or renewed between a local agency and an officer or
employee of the local agency to include a provision that requires an
officer or employee of a local agency who is convicted of a crime
involving an abuse of his or her office or position, as defined, to
fully reimburse the local agency for specified payments made by that
local agency to the officer or employee, as specified. Existing law
defines the term "abuse of office or position" to include, among
other things, a crime against public justice, including, but not
limited to, specified crimes related to bribery or corruption of any
judicial officer, juror, referee, arbitrator, or umpire, or to any
person who may be authorized by law to hear or determine any question
or controversy.
This bill would additionally include within that definition,
specified crimes related to bribery or corruption of any executive
officer in this state.
(5) The Benefit Assessment Act of 1982 authorizes local agencies,
as defined, to impose benefit assessments to finance the maintenance
and operation costs of drainage, flood control, street lighting, and
streets, roads, or highways, if that local agency is authorized to
provide those services.
This bill would authorize a local agency that has imposed an
assessment pursuant to these provisions to bring an action in
superior court to determine the validity of the assessment, as
specified.
(6) The Subdivision Map Act requires a certificate or statement by
the city engineer or surveyor, or county surveyor, for specified
maps, and requires the official to provide, among other things, his
or her registration or license number with expiration date, as
specified.
This bill would eliminate the requirement that the official
provide the expiration date of his or her registration number or
license.
(7) Existing law authorizes various local public entities to
prescribe fees or other charges for services and facilities furnished
by them in connection with their water, sanitation, storm drainage,
or sewerage system, as well as for the privilege of connecting to
these sanitation or sewerage facilities. These charges, under
specified circumstances, may be collected on the tax roll in the same
manner as property taxes and the amount of the charges constitutes a
lien against the lot or parcel against which the charge has been
imposed, unless the real property has been transferred or conveyed to
a bona fide purchaser for value, or a lien of a bona fide
encumbrancer for value has been created and attached prior to the
date upon which the first installment of the property taxes would
become delinquent.
This bill would instead require the transfer, conveyance, or
attachment to occur during the year prior to the date on which the
first installment of property taxes that evidence the charges appears
on the tax roll, in order to preclude the local public entity's lien
from attaching to the real property of the bona fide purchaser or
encumbrancer for value.
(8) Existing law requires the charges for the above-described
services and facilities to remain delinquent for 60 days and the
imposing entity to provide the assessee with notice of the
delinquency, in order for the charges to constitute a lien against
the lot or parcel of land for which the service was provided.
This bill would delete the 60-day delinquency and notice
requirements and, instead, authorize the amount of unpaid charges to
be secured at any time by filing a specified certificate in the
office of the county recorder. This bill would provide that the
amount required to be paid, with interest and a penalty, constitutes
a lien on all real property owned by the person or afterwards
acquired by him or her before the lien expires.
(9) Existing law provides procedures for the collection of unpaid
charges by a water district for water or other services. These unpaid
charges become a lien on the parcel of land upon which the water and
other services were used, unless the real property has been
transferred or conveyed to a bona fide purchaser for value, or a lien
of a bona fide encumbrancer for value has been created and attached
prior to the date of which the first installment of taxes would
become delinquent.
This bill would require the transfer, conveyance, or attachment to
occur during the year prior to the date on which the first
installment of real property taxes that evidence the charges appears
on the tax roll, in order for the water district's lien to not attach
to the real property of the bona fide purchaser or encumbrancer for
value.
(2)
(10) The Property and Business Improvement District Law
of 1994, requires a management district plan for a district to
include, among other things, the improvements and activities proposed
for each year of operation of the district and the maximum cost
thereof.
This bill would specify that, if the improvements and activities
proposed for each year of operation of the district are the same,
this requirement may be satisfied if the management plan includes a
description of the first year's proposed improvements and activities
and a statement that the same improvements and activities are
proposed for subsequent years.
The Property and Business Improvement District Law of 1994 also
requires a management district plan for a district to include, among
other things, the total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
The bill would provide that if the total annual amount proposed
to be expended in each year of operation of the district is not
significantly different, the amount proposed to be expended in the
initial year and a statement that a similar amount applies to
subsequent years may satisfy this requirement. This bill would also
authorize this amount to be based upon the assessment rate if the
assessment is levied on businesses.
This bill would also correct an erroneous reference within the
Property and Business Improvement District Law of 1994.
(3)
(11) The Property and Business Improvement District Law
of 1994 provides that a city council may adopt a resolution for the
disestablishment of a district under specified circumstances.
Existing law requires, upon the disestablishment of a district, any
specified remaining revenues to be refunded to the owners of the
property or businesses then located and operating within the district
in which assessments were levied, as specified.
This bill would additionally provide, upon the expiration without
renewal of the district for the refund of any specified remaining
revenues to the owners of property or businesses then located and
operating within the district in which assessments were levied, as
specified.
(12) The Kings River Conservation District Act establishes the
Kings River Conservation District, and authorizes the board of the
district to exclude specific territory within the district, as
specified. The act divides the district into divisions for purposes
of elections, and requires the board of the district to revise the
divisions upon adding or removing territory from the district, except
that the board is prohibited from revising the division of districts
within the 3 months immediately following the preceding general
district election. The act additionally defines the term "general
district election" to mean the election required to be held in the
district on the first Tuesday after the first Monday in November in
each odd-numbered year.
This bill would repeal this provision, and would additionally
require the district board to adopt a resoltion on or before May 1,
2013, that divides the district into 7 electoral districts, as
specified. The bill would also set forth the procedure by which the
directors of the board may be elected, and would require the board to
reveiew the boundaries of the 7 districts before November 1 of the
year following the year in which each decennial census is taken. The
bill would prohibit the board from making any changes to the division
of the district within the 180 days immediately proceeding a general
district election. The bill would revise the definition of the term
"general district election" to mean the election required to be held
in the district on the first Tuesday after the first Monday in
November in each even-numbered year. The bill would additionally make
conforming changes to the act. By increasing the duties of local
officials, this bill would impose a state-mandated local program.
(13) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known, and may be cited, as the
Local Government Omnibus Act of 2012.
(b) The Legislature finds and declares that Californians want
their governments to run efficiently and economically and that public
officials should avoid waste and duplication whenever possible. The
Legislature further finds and declares that it desires to control its
own costs by reducing the number of separate bills. Therefore, it is
the intent of the Legislature in enacting this act to combine into a
single measure several minor, noncontroversial statutory changes
relating to the common theme, purpose, and subject of local
government.
SEC. 2. Section 23110 of the Government
Code is amended to read:
23110. The boundaries of Fresno County are as follows:
Beginning on the south line of Merced at a point where said line
crosses the San Joaquin River; thence south, 45 degrees west, and on
the line of Merced, to the centerline of a drain in the Southwest
Quarter of the Southwest Quarter of Section 6, T. 11 S., R. 13 E.,
M.D.B.&M; thence along said centerline southeasterly to the
centerline of Colony East Ditch Canal; thence southerly along said
centerline to the south line of the north half of the Southeast
Quarter of Section 7, said Township and Range; thence westerly along
said south line to the northeast corner of the west half of the
Southwest Quarter of the Southeast Quarter of said
section; thence southerly along the east line of said west half to
the south line of said Section; thence westerly along said line to
the North Quarter corner of Section 18, said Township and Range;
thence southerly along the north-south centerline of Section 18 and
Section 19 to the south line of Section 19; thence westerly along
said south line and the south line of Sections 24 & 23 & 22 & 21 in
T. 11 S., R. 12 E. to a point that is south 45 degrees west from said
line of Merced; thence south 45 degrees west to the eastern boundary
line of San Benito; thence southeasterly along said boundary line to
the southeast corner of T. 16 S. R. 12 E.; thence easterly along the
south line of T. 16 S. to the northeast corner of T. 17 S., R. 12
east; thence southerly along the east line of R. 12 E. to the point
where the summit line of the Coast Range Mountains crosses the east
line of R. 12 east and continuing along said San Benito boundary
along the summit line to Monterey; thence continuing along the
Monterey boundary and said summit line in a southerly and
southeasterly direction, to a point in that boundary, which point is
south 45 degrees west from the point on Kings River where the
northern line of T. 16 S. crosses the Kings River; said point being
the common corner of Fresno, Monterey, and Kings; said corner point
defined by survey recorded in Book 42 of Record of Surveys at Pages
57 and 58, Fresno County Records; thence along the Fresno-Kings
boundary, as defined by said survey north 47o 12' 09" east, to the
northwest corner of Section 19, T. 20 S., R. 19 E.; thence north
along the west line of R. 19 E. to the north line of T. 18 S.; thence
east along the north line of T. 18 S. to the centerline of Kings
River; thence easterly along the centerline of Kings River to the
point that intersects the south 45 degrees west boundary, said
boundary is south 45 degrees west from the point on Kings River where
the northern line of T. 16 S. crosses the Kings River; thence north
45 degrees east to the point on the Kings River where the northern
line of T. 16 S. crosses the Kings River; thence east along the
northern line of T. 16 S. and continuing on said line to the
northwest corner of T. 16 S., R. 25 E.; thence north to the northwest
corner of T. 15 S., R. 25 E.; thence east to the northeast corner of
T. 15 S., R. 27 E.; thence north to the northeast corner of T. 14 S.
of R. 27 E.; thence east on the line between T. 13 and 14 S. to the
summit of the Sierra Nevada Mountains, being the western line of
Inyo; thence northwesterly, on the summit line and lines of Inyo and
Mono, to the common corner of Mono, Madera, and Fresno; thence
southwesterly along the boundary of Madera to the point where the San
Joaquin River crosses the south boundary line of T. 6 S., R. 24 E.;
thence southwesterly and northwesterly following the meanderings of
said river to a point on the southerly boundary of Merced, said point
being the common corner of Fresno, Madera, and Merced and the place
of beginning.
SEC. 3. Section 23124 of the Government
Code is amended to read:
23124. The boundaries of Merced County are as follows:
Beginning at the northwest corner, being the southwest corner of
Stanislaus as shown on the survey map of A. J. Stakes, 1868; thence
northeasterly, on southern line of Stanislaus to common corner of
Tuolumne, Mariposa, Merced, and Stanislaus; thence southeasterly, by
direct line, being western line of Mariposa, to Phillips' ferry, on
Merced River; thence southeasterly, on line of Mariposa, being line
shown on "map of Mariposa County," to Newton's crossing on Chowchilla
Creek, forming the southeast corner; thence down the northern side
and on highwater mark, being on line of Madera to the lower clump of
cottonwood timber at the sink of said creek; thence south, 45 degrees
west, to the centerline of a drain in the Southwest Quarter of the
Southwest Quarter of Section 6, Township 11 South, Range 13 east,
M.D.B.&M; thence along said centerline southeasterly to the
centerline of Colony East Ditch Canal; thence southerly along said
centerline to the south line of the Northwest Quarter
north half of the Southeast Quarter of Section
7, said Township and Range; thence westerly along said south line to
the northeast corner of the west half of the Southwest Quarter
of the Southeast Quarter of said section; thence southerly
along the east line of said west half to the south line of said
Section; thence westerly along said line to the North Quarter corner
of Section 18, said Township and Range; thence southerly along the
north-south centerline of said Section and Section 19 to the south
line of Section 19; thence westerly along said south line and the
south line of Sections 24 & 23 & 22 & 21 in Township 11 south, Range
12 East to a point that is south 45 degrees west from said clump of
cottonwood timber; thence south 45 degrees west to the eastern line
of San Benito, forming the southwest corner; thence northwesterly, by
said line of San Benito and Santa Clara, to the place of beginning.
SEC. 2. SEC. 4. Section 40471 of the
Government Code is amended to read:
40471. The special charge described in Section 40470 shall only
be imposed pursuant to Article 3.5 (commencing with Section 50075) of
Chapter 1 of Part 1 of Division 1 of Title 5. The charge shall be in
an amount and for a period not to exceed five years which shall be
stated on the ballot.
SEC. 5. Section 51191 of the Government
Code is amended to read:
51191. (a) For purposes of this chapter, and for purposes of
Chapter 7 (commencing with Section 51200), the Department of
Conservation, in consultation with the Department of Food and
Agriculture, upon a request from a city or county, may determine,
based on substantial evidence, that a parcel or parcels is eligible
for rescission under Section 51255.1 for placement into a solar-use
easement if the following criteria are met:
(1) The land meets either of the following:
(A) The land consists predominately of soils with significantly
reduced agricultural productivity for agricultural activities due to
chemical or physical limitations, topography, drainage, flooding,
adverse soil conditions, or other physical reasons.
(B) The land has severely adverse soil conditions that are
detrimental to continued agricultural activities and production.
Severely adverse soil conditions may include, but are not limited to,
contamination by salts or selenium, or other naturally occurring
contaminants.
(2) The parcel or parcels are not located on lands designated as
prime farmland, unique farmland, or farmland of statewide importance,
as shown on the maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Natural Resources Agency, unless
the Department of Conservation, in consultation with the Department
of Food and Agriculture, determines that a parcel or parcels are
eligible to be placed in a solar-use easement based on the
information provided in subdivision (b) that demonstrates that
circumstances exist that limit the use of the parcel for agricultural
activities. For purposes of this section, the important farmland
designations shall not be changed solely due to irrigation status.
(b) To assist in the determination described in this section, the
city or county shall require the landowner to provide to the
Department of Conservation the following information to the extent
applicable:
(1) A written narrative demonstrating that even under the best
currently available management practices, continued agricultural
practices would be substantially limited due to the soil's reduced
agricultural productivity from chemical or physical limitations,
(2) A recent soil test demonstrating that the characteristics of
the soil significantly reduce its agricultural productively
productivity .
(3) An analysis of water availability demonstrating the
insufficiency of water supplies for continued agricultural
production.
(4) An analysis of water quality demonstrating that continued
agricultural production would, under the best currently available
management practices, be significantly reduced.
(5) Crop and yield information for the past six years.
(c) The landowner shall provide the Department of Conservation
with a proposed management plan describing how the soil will be
managed during the life of the easement, how impacts to adjacent
agricultural operations will be minimized, how the land will be
restored to its previous general condition, as it existed at the time
of project approval, upon the termination of the easement. If the
Department of Conservation determines, in consultation with the
Department of Food and Agriculture, pursuant to subdivision (a), that
lands are subject to this section, the city or county shall require
implementation of the management plan, which shall include any
recommendations provided by the Department of Conservation, as part
of any project approval.
(d) A determination by the Department of Conservation pursuant to
this section related to a project described in Section 21080.43 of
the Public Resources Code shall not be subject to Division 13 of the
Public Resources Code.
(e) The Department of Conservation may establish a fee to be paid
by the landowner to recover the estimated costs incurred by the
department in participating in the consultation described in this
section.
SEC. 6. Section 51191.3 of the
Government Code is amended to read:
51191.3. (a) A county or city may require a deed or other
instrument described in subdivision (c) of Section 51190 to contain
any restrictions, conditions, or covenants as are necessary or
desirable to restrict the use of the land to photovoltaic solar
facilities.
(b) The restrictions, conditions, or covenants may include, but
are not limited to, the following:
(1) Mitigation measures on the land that is subject to the
solar-use easement.
(2) Mitigation measures beyond the land that is subject to the
solar-use easement.
(3) If deemed necessary by the city or county to ensure that
decommissioning requirements are met, the provision for financial
assurances, such as performance bonds, letters of credit, a corporate
guarantee, or other securities to fund, upon the cessation of the
solar photovoltaic use, the restoration of the land that is subject
to the easement to the conditions that existed before the approval or
acceptance of that easement by the time that the easement
terminates.
(4) Provision for necessary amendments by the parties provided
that the amendments are consistent with the provisions of this
chapter.
(c) For term easements or self-renewing easements, the
restrictions, conditions, or covenants shall include a requirement
for the landowner to post a performance bond or other securities to
fund the restoration of the land that is subject to the easement to
the conditions that existed before the approval or acceptance of the
easement by the time the easement terminates
is extinguished . The Department of Conservation may adopt
regulations pursuant to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Division 3 of Title 2) to
implement this subdivision.
SEC. 7. Section 51192.1 of the
Government Code is amended to read:
51192.1. In the case of a solar-use easement that is extinguished
because of a notice of nonrenewal by the landowner or due to
termination, the landowner shall restore the land that is subject to
the easement to the conditions that existed before the approval of
the easement by the time the easement terminates
is extinguished .
SEC. 8. Section 51192.2 of the
Government Code is amended to read:
51192.2. (a) If all or a portion of the parcel held in a
solar-use easement will no longer be used for the purposes outlined
in the easement the landowner may petition the county or city to
approve termination of the easement.
(b) Prior to any action by the county or city giving tentative
approval to the termination of any easement, the county assessor of
the county in which the land is located shall determine the current
fair market value of the parcel or parcels to be terminated as though
the parcel or parcels were free of the easement restriction. The
assessor shall certify to the county or city the termination
valuation of the parcel or parcels for the purpose of determining the
termination fee. At the same time, the assessor shall send a notice
to the landowner and the Department of Conservation indicating the
current fair market value of the parcel or parcels as though the
parcel or parcels were free of the easement restriction and advise
the parties, that upon their request, the assessor shall provide all
information relevant to the valuation, excluding third-party
information. If any information is confidential or otherwise
protected from release, the department and the landowner shall hold
it as confidential and return or destroy any protected information
upon completion of all actions relating to valuation or termination
of the easement on the property. The notice shall also advise the
landowner and the department of the opportunity to request formal
review from the assessor.
(c) Prior to giving tentative approval to the termination of any
easement, the county or city shall determine and certify to the
county auditor the amount of the termination fee that the landowner
shall pay the county treasurer upon termination. That fee shall be an
amount equal to 121/2 percent of the termination valuation of the
property.
(d) If it finds that it is in the public interest to do so, the
county or city may waive any payment or any portion of a payment by
the landowner, or may extend the time for making the payment or a
portion of the payment contingent upon the future use made of the
parcel or parcels and the parcel or parcels economic return to the
landowner for a period of time not to exceed the unexpired period of
the easement, had it not been terminated, if both of the following
occur:
(1) The termination is caused by an involuntary transfer or change
in the use which may be made of the land and the land is not
immediately suitable, nor will be immediately used, for a purpose
which produces a greater economic return to the owner.
(2) The waiver or extension of time is approved by the Secretary
of the Natural Resources Agency. The secretary shall approve a waiver
or extension of time if the secretary finds that the granting of the
waiver or extension of time by the county or city is consistent with
the policies of this chapter and that the county or city complied
with this article. In evaluating a request for a waiver or extension
of time, the secretary shall review the findings of the county or
city, the evidence in the record of the county or city, and any other
evidence the secretary may receive concerning the
abandonment termination , waiver, or extension
of time.
(e) When termination fees required by this section are collected,
they shall be transmitted by the county treasurer to the Controller
and deposited in the General Fund, except as provided in subdivision
(b) of Section 51203 or subdivision (d) of Section 51283.
(f) It is the intent of the Legislature that fees paid to
terminate a contract do not constitute taxes but are payments that,
when made, provide a private benefit that tends to increase the value
of the property.
SEC. 9. Section 53243.4 of the
Government Code is amended to read:
53243.4. For purposes of this article, "abuse of office or
position" means either of the following:
(a) An abuse of public authority, including, but not limited to,
waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to,
a crime described in Title 5 (commencing with Section 67) or
Title 7 (commencing with Section 92) of Part 1 of the Penal
Code.
SEC. 10. Section 54712 is added to the
Government Code , to read:
54712. Any local agency levying a benefit assessment pursuant to
this chapter may bring an action to determine the validity of the
assessment pursuant to Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure upon adoption of
the assessment and for 60 days thereafter. If the agency does not
bring its own action under Chapter 9 (commencing with Section 860) of
Title 10 of Part 2 of the Code of Civil Procedure, then Sections 863
and 869 of the Code of Civil Procedure shall not apply.
SEC. 11. Section 66442 of the
Government Code is amended to read:
66442. (a) If a subdivision for which a final map is required
lies within an unincorporated area, a certificate or statement by the
county surveyor is required. If a subdivision lies within a city, a
certificate or statement by the city engineer or city surveyor is
required. The appropriate official shall sign, date, and, below or
immediately adjacent to the signature, indicate his or her
registration or license number with expiration date
and the stamp of his or her seal, state that:
(1) He or she has examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, and any approved alterations thereof.
(3) All provisions of this chapter and of any local ordinances
applicable at the time of approval of the tentative map have been
complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after
January 1, 1982, shall only be qualified to certify the statements of
paragraphs (1), (2), and (3) of subdivision (a). The statement
specified in paragraph (4) shall only be certified by a person
authorized to practice land surveying pursuant to the Professional
Land Surveyors' Act (Chapter 15 (commencing with Section 8700) of
Division 3 of the Business and Professions Code) or a person
registered as a civil engineer prior to January 1, 1982, pursuant to
the Professional Engineers' Act (Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code). The county
surveyor, the city surveyor, or the city engineer, as the case may
be, or other public official or employee qualified and authorized to
perform the functions of one of those officials, shall complete and
file with his or her legislative body his or her certificate or
statement, as required by this section, within 20 days from the time
the final map is submitted to him or her by the subdivider for
approval.
(c) As used in this section, "certificate," "certify," and
"certified" shall have the same meaning as provided in Sections
6735.5 and 8770.6 of the Business and Professions Code.
SEC. 12. Section 66450 of the Government
Code is amended to read:
66450. (a) If a subdivision for which a parcel map is required
lies within an unincorporated area, a certificate or statement by the
county surveyor is required. If a subdivision lies within a city, a
certificate or statement by the city engineer or city surveyor is
required. The appropriate official shall sign, date, and, below or
immediately adjacent to the signature, indicate his or her
registration or license number with expiration date
and the stamp of his or her seal and state that:
(1) He or she examined the map.
(2) The subdivision as shown is substantially the same as it
appeared on the tentative map, if required, and any approved
alterations thereof.
(3) All provisions of this chapter and of any local ordinances
applicable at the time of approval of the tentative map, if required,
have been complied with.
(4) He or she is satisfied that the map is technically correct.
(b) City or county engineers registered as civil engineers after
January 1, 1982, shall only be qualified to certify the statements of
paragraphs (1), (2), and (3) of subdivision (a). The statement
specified in paragraph (4) of subdivision (a) shall only be certified
by a person authorized to practice land surveying pursuant to the
Professional Land Surveyors' Act (Chapter 15 (commencing with Section
8700) of Division 3 of the Business and Professions Code) or a
person registered as a civil engineer prior to January 1, 1982,
pursuant to the Professional Engineers' Act (Chapter 7 (commencing
with Section 6700) of Division 3 of the Business and Professions
Code).
(c) The county surveyor, city engineer, or city surveyor, as the
case may be, or other public official or employee qualified and
authorized to perform the functions of one of those officials, shall
complete his or her certificate or statement, as required by this
section, within 20 days from the time the parcel map is submitted to
him or her by the subdivider for approval. The completed parcel map
shall be delivered to the county recorder or, if required by local
ordinance, filed with the legislative body prior to delivery to the
county recorder, within the same 20-day period.
SEC. 13. Section 5473.8 of the Health
and Safety Code is amended to read:
5473.8. All laws applicable to the levy, collection ,
and enforcement of general taxes of the entity, including, but not
limited to, those pertaining to the matters of delinquency,
correction, cancellation, refund , and redemption, are
applicable to such the charges
authorized pursuant to this article , except that if any real
property to which such these charges
relate has been transferred or conveyed to a bona fide purchaser for
value , or if or a lien of a bona fide
encumbracer encumbrancer for value has
been created and attaches thereon, thereon
during the year prior to the date on which the first
installment of such the general taxes
would become delinquent, that include the
charges appears on the assessment roll, then the lien which
would otherwise be imposed by Section 5473.5 shall not attach to
such the real property and the charges
relating to such that property shall be
transferred to the unsecured roll of collection.
SEC. 14. Section 5473.11 of the Health
and Safety Code is amended to read:
5473.11. (a) An entity shall notify the assessee shown on the
latest equalized assessment roll whenever delinquent and unpaid
charges for services which would become a lien on the property
pursuant to subdivision (b) remain delinquent and unpaid for 60 days.
(b) Notwithstanding any other provision of this article, charges
for services and facilities furnished by the entity shall constitute
a lien against the lot or parcel of land for which the service was
provided if the charges remain delinquent for a period of 60 days,
and the entity has notified the assessee of the property shown on the
latest equalized assessment roll of the delinquent charges pursuant
to subdivision (a) and the lien provided by this section.
(c) The lien provided herein shall have no force or effect until
a certificate specifying the amount of the unpaid charges is recorded
with the county recorder and when so recorded shall have the force,
effect and priority of a judgment lien and continue for three years
from the time of recording unless sooner released or otherwise
discharged.
(b) The amount of the unpaid charges may, in the discretion of the
entity, be secured at any time by filing for record in the office of
the county recorder of any county, a certificate specifying the
amount of the unpaid charges and the name and address of the person
liable for those unpaid charges. From the time of recordation of the
certificate, the amount required to be paid together with interest
and penalty constitutes a lien upon all real property in the county
owned by the person or afterwards, and before the lien expires,
acquired by him or her. The lien shall have the force, priority, and
effect of a judgment lien and shall continue for 10 years from the
date of the filing of the certificate unless sooner released or
otherwise discharged. The lien may, within 10 years from the filing
of the certificate or within 10 years from the date of the last
extension of the lien in the manner herein provided, be extended by
filing for record a new certificate in the office of the county
recorder of any county and from the time of this filing the lien
shall be extended to the real property in this county for 10 years
unless sooner released or otherwise discharged.
SEC. 15. Section 5474.6 of the Health
and Safety Code is amended to read:
5474.6. (a) The tax collector shall include
the amounts of the installments of fees or charges and the interest
on bills for taxes levied against the respective lots and parcels of
land. Thereafter, all laws applicable to the levy,
collection and enforcement of taxes of
the entity, including penalties and interest thereon and
cancellation or refund thereof, shall be applicable to such
those installments of fees or charges and
interest, except that , if any real property to which
such the fees or charges relate has
been transferred or conveyed to a bona fide purchaser for value
, or if a lien of a bona fide
encumbrancer for value has been created and attaches thereon
, during the year prior to the date on which
the first installment of such the general
taxes would become delinquent that
include the fees or charges appears on the assessment roll ,
then the lien which would otherwise be imposed by Section 5474.5
shall not attach to such the real
property and the fees or charges and interest shall be transferred to
the unsecured roll for collection.
(b) The amount of the unpaid installments of fees or charges and
interest may, in the discretion of the entity, be secured at any time
by filing for record in the office of the county recorder of any
county, a certificate specifying the amount of the fees or charges
and interest and the name and address of the person liable therefor.
From the time of recordation of the certificate, the amount required
to be paid together with interest and penalty constitutes a lien upon
all real property in the county owned by the person or afterwards,
and before the lien expires, acquired by him or her. The lien shall
have the force, priority, and effect of a judgment lien and shall
continue for 10 years from the date of the filing of the certificate
unless sooner released or otherwise discharged. The lien may, within
10 years from the filing of the certificate or within 10 years from
the date of the last extension of the lien in the manner herein
provided, be extended by filing for record a new certificate in the
office of the county recorder of any county and from the time of this
filing the lien shall be extended to the real property in this
county for 10 years unless sooner released or otherwise discharged.
SEC. 3. SEC. 16. Section 36622 of
the Streets and Highways Code is amended to read:
36622. The management district plan shall contain all of the
following:
(a) If the assessment will be levied on property, a map of the
district in sufficient detail to locate each parcel of property and,
if businesses are to be assessed, each business within the district.
If the assessment will be levied on businesses, a map that identifies
the district boundaries in sufficient detail to allow a business
owner to reasonably determine whether a business is located within
the district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate
each parcel of property and to allow a business owner to reasonably
determine whether a business is located within the district
boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or extension
in a manner sufficient to identify the affected lands and businesses
included. The boundaries of a proposed property assessment district
shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the boundaries of a
business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this
part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.
(d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof. If the
improvements and activities proposed for each year of operation are
the same, a description of the first year's proposed improvements and
activities and a statement that the same improvements and activities
are proposed for subsequent years shall satisfy the requirements of
this subdivision.
(e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district. If the assessment is levied on
businesses, this amount may be estimated based upon the assessment
rate. If the total annual amount proposed to be expended in each year
of operation of the district is not significantly different, the
amount proposed to be expended in the initial year and a statement
that a similar amount applies to subsequent years shall satisfy the
requirements of this subdivision.
(f) The proposed source or sources of financing, including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property or business owner to calculate the
amount of the assessment to be levied against his or her property or
business. The plan also shall state whether bonds will be issued to
finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be five.
Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding these limitations, a district created pursuant to
this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. The management
district plan may set forth specific increases in assessments for
each year of operation of the district.
(i) The proposed time for implementation and completion of the
management district plan.
(j) Any proposed rules and regulations to be applicable to the
district.
(k) A list of the properties or businesses to be assessed,
including the assessor's parcel numbers for properties to be
assessed, and a statement of the method or methods by which the
expenses of a district will be imposed upon benefited real property
or businesses, in proportion to the benefit received by the property
or business, to defray the cost thereof, including operation and
maintenance. The plan may provide that all or any class or category
of real property which is exempt by law from real property taxation
may nevertheless be included within the boundaries of the district
but shall not be subject to assessment on real property.
( l ) Any other item or matter required to be
incorporated therein by the city council.
SEC. 4. SEC. 17. Section 36629 of
the Streets and Highways Code is amended to read:
36629. All provisions of this part applicable to the
establishment, modification, or disestablishment of a property and
business improvement district apply to the establishment,
modification, or disestablishment of benefit zones or categories of
business. The city council shall, to establish, modify, or
disestablish a benefit zone or category of business, follow the
procedure to establish, modify, or disestablish a property and
business improvement district.
SEC. 5. SEC. 18. Section 36671 of
the Streets and Highways Code is amended to read:
36671. (a) Upon the disestablishment or expiration without
renewal of a district, any remaining revenues, after all outstanding
debts are paid, derived from the levy of assessments, or derived from
the sale of assets acquired with the revenues, or from bond reserve
or construction funds, shall be refunded to the owners of the
property or businesses then located and operating within the district
in which assessments were levied by applying the same method and
basis that was used to calculate the assessments levied in the fiscal
year in which the district is disestablished or expires. All
outstanding assessment revenue collected after disestablishment shall
be spent on improvements and activities specified in the management
district plan.
(b) If the disestablishment occurs before an assessment is levied
for the fiscal year, the method and basis that was used to calculate
the assessments levied in the immediate prior fiscal year shall be
used to calculate the amount of any refund.
SEC. 19 . Section 37212 of the
Water Code is amended to read:
37212. In case any charges for water or other services, or
either, remain unpaid:
(a) If unpaid for 60 days or more on July 1st, the district board
may, by resolution, order the secretary to do each of the following:
(1) Prepare a list of the parcels of land upon which water and
other services, or either, requested in writing by the owner of the
property, was used, and for which the charges remain unpaid.
(2) Certify that such the list is
true and correct.
(3) Submit such the list of unpaid
charges and parcels to the county auditor no later than five days
after the estimate of the district board was furnished pursuant to
Section 37206.
Upon receipt by the county auditor of such
the list and a certified copy of such
the resolution, the amount of the unpaid charges attributed to
each parcel mentioned in such the list
shall constitute a special assessment against such
the parcel, and shall be a lien on that property for
such that amount. Such
The lien attaches upon recordation in the office
of the county recorder of the county in which the property is
situated of a certified copy of such the
resolution of the district board accompanied by a certified
copy of such the list specifically
describing the real property by a legal description or reference to
an assessor's parcel number and specifying the amount applicable to
each parcel. The assessment shall be collected at the same time and
in the same manner as ordinary municipal ad valorem taxes are
collected, and shall be subject to the same penalties, and the same
procedure and sale in case of delinquency as provided for
such those taxes. All laws applicable to the
levy, collection and enforcement of municipal ad valorem taxes shall
be applicable to such the assessment,
except that , if any real property to which such
the lien would attach has been transferred or
conveyed to a bona fide purchaser for value , or
if a lien of a bona fide encumbrancer for value
has been created and attached thereon ,
during the year prior to the date on which the first
installment of such the taxes
would become delinquent that include the assessment
appears on the assessment roll , then the lien which would
otherwise be imposed by this section shall not attach to
such the real property and the delinquent and
unpaid charges, as certified, relating to such
the property shall be transferred to the unsecured roll
for collection.
The county shall deduct from the charges collected an amount
sufficient to compensate the county for costs incurred in collecting
such the delinquent and unpaid charges.
The amount of such this compensation
shall be fixed by agreement between the board of supervisors and the
district's board of directors.
(b) The amount of the unpaid charges may, in the discretion of the
district, be secured at any time by filing for record in the office
of the county recorder of any county, a certificate specifying the
amount of such the charges and the name
and address of the person liable therefor.
From the time of recordation of the certificate, the amount
required to be paid together with interest and penalty constitutes a
lien upon all real property in the county owned by the person or
afterwards, and before the lien expires, acquired by him or her
. The lien has the force, priority, and effect of a judgment
lien and shall continue for 10 years from the date of the filing of
the certificate unless sooner released or otherwise discharged. The
lien may, within 10 years from the filing of the certificate or
within 10 years from the date of the last extension of the lien in
the manner herein provided, be extended by filing for record a new
certificate in the office of the county recorder of any county and
from the time of such the filing the
lien shall be extended to the real property in such
this county for 10 years unless sooner released
or otherwise discharged.
SEC. 20. Section 3 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951), as amended by Section 2 of Chapter 1410 of the Statutes of
1955, is repealed.
Sec. 3. Division One shall comprise all that territory of the
district included within the following described boundaries:
Commencing in the middle of the Main Channel of Kings River on the
section line between Sections 17 and 18 in Township 13 South, Range
24 East, M. D. B. & M.; thence running south along said section line
to the left bank of said river; thence running downstream along the
said left bank of said river to the head of the ditch formerly known
as 76 Canal and now known as the Alta Main Canal; thence running
downstream along the left bank of said Alta Main Canal to the main
headgate in said Canal located in Section 2, Township 14 South, Range
23 East, M. D. B. & M., said Alta Main Canal down to this headgate
being sometimes known as the Back Channel of said River; thence
running downstream along the left bank of said Alta Main Canal and
along the left bank of the continuance of said Main Canal known as
the East Branch of said Alta Main Canal as said East Branch was
originally constructed, and along the left bank of the continuance of
said East Branch, known as the Sontag Ditch, as said Sontag Ditch
was originally constructed, to the east line of Section 35 in
Township 16 South, Range 25 East, M. D. B. & M.; thence running south
to the southeast corner of said Section 35 ; thence running east to
the quarter section corner on the north boundary line of Section 1 in
Township 17 South, Range 25 East, M. D. B. & M.; thence running
south to the southeast corner of the southwest quarter of said
Section 1; thence running west on section lines 3 miles to the
quarter section corner between Sections 4 and 9 in Township 17 South,
Range 25 East, M. D. B. & M.; thence running south to the quarter
section corner between Sections 21 and 28 in Township 17 South, Range
25 East, M. D. B. & M.; thence running west to the southeast corner
of Section 22 in Township 17 South, Range 24 East, M. D. B. & M.;
thence running north 27 chains and 50 links to the meander line
between swampland and highland; thence running in a northwesterly
direction on the said meander line to the quarter section corner on
the west boundary line of Section 22 in Township 17 South, Range 24
East, M. D. B. & M.; thence running west to the quarter section
corner between Sections 19 and 20 in Township 17 South, Range 24
East, M. D. B. & M.; thence running south to the southeast corner of
Section 19, Township 17 South, Range 24 East, M. D. B. & M.; thence
running west to the right bank of the slough used as part of the
ditch known as the Settlers Ditch; thence running downstream along
the right bank of said slough and said Settlers Ditch to the point
where it crosses the section line on the west boundary of Section 1
in Township 18 South, Range 22 East, M. D. B. & M.; thence running
north along the section lines to the left bank of the ditch known as
the Peoples Ditch near the southwest corner of Section 13 in Township
17 South, Range 22 East, M. D. B. & M.; thence running upstream
along the left bank of said Peoples Ditch to said Kings River; thence
running north to the center of the Main Channel of said river;
thence running upstream along the center of the Main Channel of said
river to the section line on the west side of the northwest quarter
of Section 10 in Township 15 South, Range 23 East, M. D. B. & M.;
thence running north on section lines to the center of the Main
Channel of Kings River where the same crosses the west line of
Section 3 in Township 14 South, Range 23 East, M. D. B. & M.; thence
running up and along said channel to the place of beginning.
Division Two shall comprise all that territory of the district
included within the following described boundaries:
Beginning at the center of Section 7, Township 14 South, Range 23
East, M. D. B. & M. ; thence east one-half mile more or less to the
bluff of Kings River bottom; thence northeasterly along the bluff of
said Kings River bottom through Sections 8, 5 and 4 to a point where
the county road runs along said bluff on the north side of said
section 4; thence into Township 13 South, Range 23 East, M. D. B. &
M., northeasterly along the center line of said county road through
Section 33, and 34 to a point 100 feet southerly from the outside
foot of the southerly bank of the Fresno Canal along that portion
known as the "Long Cut"; thence parallel with the said foot of bank
100 feet distant therefrom in a general northeasterly direction to
the intersection with a line 100 feet southerly from and parallel
with the southerly-most parts of the diverting dam across Kings River
near the headgate of the said Fresno Canal in the NW 1/4 of Sec. 35,
Township 13 South, Range 23 East, M. D. B. & M.; thence easterly to
the center of the Main Channel Kings River; thence running downstream
along the said center of the Main Channel of Kings River to west
line of Section 3, Township 14 South, Range 23 East, M. D. B. & M.;
thence south along section lines to the intersection of the west side
of the northwest quarter of Section 10, Township 15 South, Range 23
East, M. D. B. & M., and the said center of the Main Channel of Kings
River; thence running downstream along said center line of Main
Channel of Kings River to the intersection of a line along left bank
of Peoples Ditch produced, and the center line of Kings River; thence
southwesterly along said center line of Main Channel of Kings River
to Old River Channel; thence along center line of Old River Channel
through Sections 1, 12, 13, 14-, 15, 22, 21, 20, 29 and 30 in
Township 17 South, Range 22 East, M. D. B. & M. ; thence continuing
along the center line of said Old River Channel into Section 25,
Township 17 South, Range 21 East, M. D. B. & M., to its intersection
with the center line of the Main Channel of Kings River in the
northeast 1/4 of said Section 25; thence south and westerly through
Section 25 and 26 along the center line of said Kings River to a
point in the vicinity of the northwest corner of Section 26 where the
said center line intersects the southwesterly produced center line
of the Reynolds Cut Channel; thence northerly and easterly along the
center line of said Reynolds Cut Channel, and in the southwest 1/4 of
Section 23, to the point of intersection with the axis of the
Reynolds Weir; thence northeasterly along the center line of the
Reynolds Weir approach channel, known as the south branch of Cole
Slough, to the point of intersection of said center line produced
with the north bank of Cole Slough in the vicinity of the center of
Section 23; thence northeasterly along said north bank through said
Section 23 and Section 13 of the last above named township and range;
thence into Township 17 South, Range 22 East, M. D. B. & M., through
Sections 18, 17 to a point on the west line of Section 16; thence
north along section lines to the northwest corner of Section 4;
thence west along section lines to the southwest corner of Section
36, Township 16 South, Range 21 East, M. D. B. & M.; thence north
along section lines to the northwest corner of said Section 36;
thence west along section lines to the southwest corner of Section
27; thence north along section lines to the northwest corner of said
Section 27; thence west along section lines to the southwest corner
of Section 19 of the last named township and range; thence into
Township 16 South, Range 20 East, M. D. B. & M. west to southwest
corner Section 24; thence south to the southeast corner of Section
26; thence west along section lines to the southwest corner of
Section 28; thence north along section lines to the northwest corner
of said Section 28, thence west along section lines to the southwest
corner of Section 19 of the last named township and range; thence
into Township 16 South, Range 19 East, M. D. B. & M. west to the
southwest corner of Section 23; thence north along section lines to
the northwest corner of Section 14; thence east along section lines
to the northeast corner of said Section 14; thence north along
section lines to the northwest corner of Section 1 of the last named
township and range; thence into Township 15 South, Range 19 East, M.
D. B. & M. north to the west quarter corner of Section 24; thence
east along the east-west center line of said Section 24 to the east
quarter corner of said Section 24; thence north one and one-half
miles along section lines to the northeast corner of Section 13 of
last named township; thence into Township 15 South, Range 20 East, M.
D. B. & M., east 3 miles along section lines to the southeast corner
of Section 9; thence south one mile to the southwest corner of
Section 15 ; thence east 3 miles to the southeast corner of Section
13; thence into Township 15 South, Range 21 East, M. D. B. & M.,
north two miles to the southwest corner of Section 6; thence east one
and seven-eighths miles more or less to easterly boundary of right
of way of the Southern Pacific Railroad; thence southeasterly along
the said easterly right of way line of the Southern Pacific Railroad
to the east and west center line of Section 9; thence east to the
southwest corner of the southeast quarter of the northeast quarter of
said Section 9; thence north one-quarter mile; thence east
one-quarter mile; thence north one-quarter mile to the northeast
corner of Section 9; thence east one-half mile to the south quarter
corner of Section 3 ; thence north one-half mile to the center of
Section 3 ; thence west three-eighths of a mile; thence north
one-quarter of a mile; thence east one-eighth of a mile; thence north
one-eighth of a mile; thence west one-eighth of a mile; thence north
oneeighth of a mile; thence east three-eighths of a mile to the
north quarter corner of said Section 3; thence into Township 14
South, Range 21 East, M. D. B. & M., north two miles to the north
quarter corner of Section 27; thence east along the north line of
said Section 27 to the intersection with the east bank of Briggs
Ditch; thence northeasterly along said bank of Briggs Ditch to the
center line running east and west of Section 22; thence east along
said line and into Section 23 three-quarters of a mile; thence north
three-quarters of a mile; thence east one-quarter of a mile to east
line of Section 14; thence east three-quarters of a mile; thence
north one-quarter of a mile; thence east one-quarter of a mile to the
east quarter corner of Section 13; thence into Township 14 South,
Range 22 East, M. D. B. & M., east one mile to the east quarter
corner of Section 18; thence north one-half mile to northeast corner
of said Section 18; thence east along the south line of Sections 8, 9
and 10 to the south quarter corner of Section 10; thence north
one-quarter mile; thence east one-half mile; thence north one-quarter
mile; thence east three-quarters of a mile, more or less, to the
easterly bank of the Fowler Switch Oanal; thence northeasterly along
said easterly bank of Fowler Switch Canal one mile, more or less, to
its intersection with the north boundary line of Section 12; thence
east to the north quarter corner of Section 12; thence south one-half
mile to the center of Section 12; thence east one-half mile to the
east quarter corner of Section 12; thence into Township 14 South,
Range 23 East, M. D. B. & M., east one-half mile more or less, along
the eastwest center line to the point of beginning.
Division Three shall comprise all that territory of the district
included within the following described boundaries:
Oommencing at the point of intersection of the outside foot of the
north bank of the Gould Oanal and the center of the County Road in
Section 26, Township 13 South, Range 23 East, M. D. B. & M., thence
along said foot of bank
northwesterly through said Section 26; thence southwesterly through
Section 27 to the intersection with the Enterprise Oanal; thence
following the outside foot of the northerly or easterly bank of said
Enterprise Oanal, in a general northwesterly direction through
Sections 27, 28, 33, 32, 31, 30, 29, 20, 19 and 18 of said Township,
Sections 13, 14, 15, 10, 9, 16, 17, 8 and 7 of Township 13 South,
Range 22 East, M. D. B. & M., Sections 12, 1 and 2 of Township 13
South, Range 21 East, M. D. B. & M. and Sections 35, 34, 27 and 28 of
Township 12 South, Range 21 East, M. D. B. & M., to the west line of
Section 28 of last named township; thence leaving foot of said bank
north along section lines about five-eighths of a mile to the east
1/4 corner of Section 20; thence west 1/2 mile to the center of
Section 20; thence north one-half mile to the north quarter corner of
Section 20; thence west along the north line of Section 20 to the
intersection with the outside foot of the northerly or easterly bank
of the said Enterprise Oanal; thence following said foot of bank of
canal, in a general westerly direction through Sections 17 and 18 of
Township 12 South, Range 21 East, M. D. B. & M. and Sections 13 and
24 of Township 12 South, Range 20 East, M. D. B. & M., to the east
and west center line of Section 24 of the last named township; thence
leaving said foot of bank of canal, west to the center of Section 23
of last named township; thence south one-half mile to the south
quarter of said Section 23; thence west along section lines about one
and three-eighths miles to the easterly line of Blackstone A venue;
thence southwesterly along the easterly line of Blackstone Avenue to
the east and west center line of Section 28 of the last named
township; thence west along half section lines to the top of the
easterly bluff of the San Joaquin River; thence following down the
top of said bluff in a general westerly direction through Sec- tions
29, 32, and 31 of the last named township, Sections 36, 35, 34, 33,
32 and 31 of Township 12 South, Range 19 East, M. D. B. & M., Section
6 of Township 13 South, Range 19 East, M. D. B. & M., to the west
line of said Section 6; thence north along the west line of said
Section 6 to the intersection with the south bank of the San Joaquin
River; thence following down the said bank, in a general westerly
direction through Sections 1 and 2 of Township 13 South, Range 18
East, M. D. B. & M., Sections 35 and 34 of Township 12 South, Range
18 East, M. D. B. & M., Sections 3, 4, 9, 8 and 7 of Township 13
South, Range 18 East, M. D. B. & M., Sections 12, 1, 2, 11 and 10 of
Township 13 South, Range 17 East, M. D. B. & M. to the west line of
Section 10 of the last named township; thence south along section
lines to the southwest corner of Section 15; thence west along
section lines to the northwest corner of Section 20; thence south
along section lines to the southeast corner of Section 31; thence
into Township 14 South, Range 17 East, M. D. B. & M., east two miles
to the northwest corner of Section 3; thence south two miles to the
southwest corner of Section 10; thence east one mile to the northwest
corner of Section 14; thence south one mile to the southwest corner
of said Section 14; thence east one mile to the northwest corner of
Section 24; thence south one mile to the southwest corner of said
Section 24; thence east one mile to the northeast corner of Section
25; thence south two miles to the southeast corner of Section 36;
thence east along township lines nine miles to the northwest corner
of Section 3 of Township 15 South, Range 19 East, M. D. B. & M.;
thence in said township south three miles to the southwest corner of
Section 15; thence east one mile to the southeast corner of said
Section 15; thence south one-half mile to the west quarter corner of
Section 23; thence east two miles to the east quarter corner of
Section 24; thence north one and one-half miles along section lines
to the northeast corner of Section 13 of last named township; thence
into Township 15 South, Range 20 East, M. D. B. & M., east 3 miles
along section lines to the southeast corner of Section 9 ; thence
south one mile to the southwest corner of Section 15 ; thence east 3
miles to the southeast corner of Section 13; thence into Township 15
South, Range 21 East, M. D. B. & M., north two miles to the southwest
corner of Section 6; thence east one and seven-eighths miles more or
less to easterly boundary of right of way of the Southern Pacific
Railroad; thence southeasterly along the said easterly right of way
line of the Southern Pacific Railroad to the east and west center
line of Section 9; thence east to the southwest corner of the
southeast quarter of the northeast quarter of said Section 9; thence
north one-quarter mile; thence east one-quarter mile; thence north
one-quarter mile to the northeast corner of Section 9; thence east
one-half mile to the south quarter corner of Section 3; thence north
one-half mile to the center of Section 3; thence west three-eighths
of a mile; thence north one-quarter of a mile; thence east one-eighth
of a mile; thence north one-eighth of a mile; thence west one-eighth
of a mile; thence north one-eighth of a mile; thence east
three-eighths of a mile to the north quarter corner of said Section
3; thence into Township 14 South, Range 21 East, M. D. B. & M., north
two miles to the north quarter corner of Section 27; thence east
along the north line of said Section 27 to the intersection with the
east bank of Briggs Ditch; thence northeasterly along said bank of
Briggs Ditch to the center line running east and west of Section 22;
thence east along said line and into Section 23 three-quarters of a
-mile ; thence north three-quarters of a mile; thence east
one-quarter of a mile to east line of Section 14; thence east
three-quarters of a mile; thence north onequarter of a mile; thence
east one-quarter of a mile to the east quarter corner of Section 13;
thence into Township 14 South, Range 22 East, M. D. B. & M.; east one
mile to the east quarter corner of Section 18; thence north one-half
mile to northeast corner of said Section 18; thence east along the
south line of Sections 8, 9 and 10 to the south quarter corner of
Section 10; thence north one-quarter mile; thence east onehalf mile;
thence north one-quarter mile; thence east threequarters of a mile,
more or less, to the easterly bank of the Fowler Switch Canal; thence
northeasterly along said easterly bank of Fowler Switch Canal one
mile, more or less, to its intersection with the north boundary line
of Section 12 ; thence east to the north quarter corner of Section
12; thence south one-half mile to the center of Section 12; thence
east onehalf mile to the east quarter corner of Section 12; thence
into Township 14 South, Range 23 East, IVL D. B. & M., east one mile
more or less, through the center of Section 7 to the bluff of Kings
River bottom; thence northeasterly along the bluff of said Kings
River bottom through Sections 8, 5 and 4 to a point where the county
road runs along said bluff on the north side of said Section 4;
thence into Township 13 South, Range 23 East, M. D. B. & M.,
northeasterly along the center line of said county road through
Sections 33, and 34 to a point 100 feet southerly from the outside
foot of the southerly bank of the Fresno Canal along that portion
known as the "Long Cut," thence parallel with the said foot of bank
100 feet distant therefrom in a general northeasterly direction to
the intersection with a line 100 feet southerly from and parallel
with the southerly-most parts of the diverting dam across Kings River
near the headgate of the said Fresno Canal in the NW 1/4 of Section
35, Township 13 South, Range 23 East, M. D. B. & M.; thence easterly
across Kings River along said line to the intersection with a line
100 feet easterly from and parallel with the east side of said dam;
thence northerly along said line to the intersection with a line 300
feet distant from and parallel with the northerly-most parts of said
dam; thence westerly along said line to the center of the Main
Channel of the Kings River; thence northeasterly along the said
center of the Main Channel of the Kings River to the junction of the
West and East Channels of the Kings River; thence northeasterly along
the center of the said East Channel of the Kings River to the point
at which the Main Channel of the Kings River divides into the East
and West Channels of the Kings River in the southeast quarter of the
northeast quarter of Section 24, Township 13 South, Range 23 East, M.
D. B. & M.; thence southwesterly along the center of the said West
Channel to the point of intersection of the center of the said West
Channel of the Kings River with a line 200 feet northerly of and
parallel to the northerly-most part of the diverting dam across the
said West Channel of the Kings River near the headgate of the said
Gould Canal; thence westerly along said parallel line to the point of
intersection of the last above described parallel line with a line
100 feet northwesterly from and parallel with the outside foot of the
northwesterly bank of the said Gould Canal; thence parallel with
said foot of bank and 100 feet distant therefrom in a general
southwesterly direction to the intersection with the center of the
county road; thence southwesterly about 130 feet to the point of
beginning.
Division Four shall comprise all that territory of the district
included within the following described boundaries:
Commencing at the north bank abutment of the head gate at the
intake to the Liberty Canal in the north bank of that certain branch
of the Kings River known as the north branch of Cole Slough in
Section 23, Township 17 South, Range 21 East, M. D. B. & M. ; thence
running westerly along the north bank of said Liberty Canal through
Sections 23,22, 15, 16, 17, 8 and 7 all in Township 17 South, Range
21 East, M. D. B. & M. ; thence through Sections 12, 11, 2 and 3, all
in Township 17 South, Range 20 East, M. D. B. & M.; thence through
Sections 34, 33, 32 and 31 all in Township 16 South, Range 20 East,
M. D. B. & M.; thence through Sections 36, 25, 26, 27, 28,33,32,31
and 30, Township 16 South, Range 19 East, M. D. B. & M.; thence into
Township 16 South, Range 18 East, M. D. B. & M. through Section 25 to
a point on the westerly line thereof; thence northerly along said
line to the southeast corner of Section 23; thence westerly one mile
to southeast corner of Section 22; thence northerly one mile to the
northeast corner of said Section 22; thence westerly one mile to the
southeast corner of Section 16; thence northerly one mile to the
northeast corner of said Section 16; thence westerly two miles to the
southeast corner of Section 7; thence northerly one mile to the
northeast corner of said Section 7 ; thence westerly one mile to the
northwest corner of Section 7 of the last named township and range;
thence into Township 16 South, Range 17 East, M. D. B. & M. to the
southeast corner of Section 1; thence on a diagonal line to the
northwest corner of said Section 1; thence on a diagonal line to the
southwest corner of Section 2; thence north 46 deg. 28 min. east
along the center line of McMullen Grade 1479 feet; thence north 22
deg. 49 min. west on a line parallel to and 45 feet southwesterly of
the surveyed line of Levee No.1, 2048.44 feet to the point of
beginning of a curve to the left, having a radius of 5684.61 feet;
thence northwesterly along said curve 1577.51 feet to the end of said
curve; thence N. 38 deg. 43 min. W. on a line tangent to the
aforesaid curve 34,642.68 feet to the point of beginning of a curve
to the left, having a radius of 11,414.2 feet; thence northwesterly
along said curve 2347.44 feet to the end of said curve; thence N. 50
deg. 30 min. W. on a line tangent to aforesaid curve 17,956.29 feet
to the point of beginning of a curve to the left having a radius of
5684.61 feet; thence westerly along said curve 5412.16 feet to the
end of said curve; thence S. 74 deg. 53i min. W. on a line tangent to
aforesaid curve 5,209.13 feet to a point in the east line of the
right of way of the Hanford and Summit Lake Railway; thence S. 0 deg.
18! min. W. along said east line of said right of way 890.81 feet;
thence S. 31 deg. 05! min. E. along the west line of Reclamation
District No. 1606, 1323.23 feet to the point of beginning of a curve
to the left, having a radius of 2864.83 feet; thence southeasterly
along said curve 2050 feet to the point of beginning of a curve to
the right, having a radius of 5729.61 feet; thence southeasterly
along said curve 2516.66 feet to the end of said curve; thence S. 46
deg. 55 min. E. on a line tangent to said curve 1477.72 feet to the
point of beginning of a curve to the right, having a radius of
5729.61 feet; thence southeasterly along said curve 3146.67 feet to
the end of said curve; thence S. 15 deg. 27 min. E. on a line tangent
to said curve 10,360.68 feet; thence S. 15 deg. 26i min. E. 5499.37
feet to a point in the south line of Section 15, T. 15 S., R. 16 E.,
M. D. B. & M., distant 4482.75 feet westerly from the southeast
corner thereof; thence S. 88 deg. 39i min. W. 735.25 feet crossing
Fresno Slough along said south line of Section 15 to a point on the
said south line of Section 15, 216.0 feet east of the southwest
corner of said Section 15; thence N. 16 deg. 40 min. W. 1390.8 feet;
thence N. 16 deg. 45 min. W. 1391.6 feet; thence N. 15 deg. 43 min.
W. 701.4 feet; thence N. 15 deg. 21 min. E. 136.0 feet; thence N. 16
deg. 30 min. W. 814.0 feet; thence N. 17 deg. 03 min. W. 1123.5 feet,
to a point on the north line of Section 16, T. 15 S., R. 16 E., M.
D. B. & M., 1356.9 feet east of the 1/4 corner on the north side of
Section 16; thence N. 15 deg. 32 min. W. 138].0 feet; thence N. 16
deg. 20 min. W. 1386.0 feet; thence N. 15 deg. 58 min. W. 792.0 feet;
thence N. 16 deg. 45 min. W. 593.0 feet; thence N. 20 deg. 36 min.
W. 1421.0 feet, to a point on the north line of Sec. 9, T. 15 S., R.
16 E., M. D. B. & M., 2350.2 feet east of the N.W. corner of Section
9; thence N. 16 deg. 39 min. W. 1442.6 feet; thence N. 24 deg. 57
min. W. 506.8 feet; thence N. 33 deg. 15 min. W. 174.4 feet; thence
N. 53 deg. 20 min. W. 831.3 feet; thence N. 19 deg. 05 min. W. 253.5
feet; thence N. 20 deg. 25 min. W. 951.2 feet; thence N. 56 deg. 55
min. W. 538.2 feet; thence N. 47 deg. 55 min. W. 607.8 feet; thence
N. 40 deg. 40 min. E. 1690.0 feet; thence N. 19 deg. 00 min. W. 600.0
feet; thence S. 71 deg. 00 min. W. 150.00 feet; thence S. 19 deg. 00
min. W. 514.6 feet; thence S. 40 deg. 40 min. W. 1604.0 feet; thence
N. 46 deg. 51 min. W. 1341.6 feet, to a point on the north line of
Section 5, T. ]5 S., R. 16 E., M. D. B. & M., 1192.6 feet east of the
1/4 corner on the north side of said Section 5 ; thence West 48.3
feet; thence N. 54 deg. 17 min. W. 1339.1 feet; thence N. 54 deg. 22
min. W. 436.4 feet; thence N. 65 deg. 15 min. W. 584.3 feet; thence
N. 82 deg. 04 min. W. 150.1 feet; thence N. 51 deg. 05 min. W. 761.6
feet; thence N. 63 deg. 57 min. W. 58.2 feet; thence N. 44 deg. 16
min. E. 47.4 feet; thence N. 75 deg. 00 min. E. 275.0 feet; thence N.
19 deg. 41 min. W. 456.5 feet; thence N. 6 deg. 11 min. E. 619.4
feet; thence N. 78 deg. 03 min. W. 359.5 feet; thence S. 16 deg. 40
min. W. 322.1 feet; thence S. 81 deg. 05 min. W. 216.4 feet; thence
N. 75 deg. 35 min. W. 567.0 feet; thence N. 77 deg. 25 min. W. 346.4
feet; thence S. 72 deg. 07 min. W. 183.9 feet; thence S. 56 deg. 32
min. W. 280.0 feet; thence N. 79 deg. 09 min. W. 792.4 feet; thence
N. 64 deg. 26 min. W. 1356.9 feet; thence N. 54 deg. 25 min. W. 487.8
feet; thence S. 82 deg. 19 min. W. 215.4 feet; thence N. 46 deg. 27
min. W. 265.7 feet; thence N. 5 deg. 29 min. W. 109.7 feet; thence N.
5 deg. 35 min. W. 1556.0 feet; thence N. 20 deg. 17 min. W. 183.7
feet; thence N. 55 deg. 34 min. W. 160.2 feet; thence S. 79 deg. 27
min. W. 199.2 feet; thence S. 69 deg. 25 min. W. 1504.0 feet; thence
S. 69 deg. 37 min. W. 1843.8 feet; thence S. 40 deg. 24 min. W. 133.0
feet; thence S. 25 deg. 35 min. W. 516.8 feet; thence S. 22 deg. 47
min. W. 655.2 feet; thence S. 10 deg. 29 min. W. 471.0 feet; thence
S. 14 deg. 54 min. W. 403.0 feet; thence west 165.6 feet to the
center of Section 36, T.14 S., R. 15 E., M. D. B. & M.; thence west
along the north side of the southwest -l of said Section 36 to the
1/4 corner on the west side of Section 36; thence south along the
west side of Section 36, 2642.0 feet to the southwest corner of
Section 36; thence west 132.7 feet; thence south 21 deg. 48 min. west
1377.6 feet; thence south 21 deg. 06 min. west 779.6 feet; thence
south 3 deg. 51 min. east 668.4 feet; thence south 2 deg. 42 min.
west 1370.6 feet; thence south 0 deg. 48 min. west 1321.5 feet;
thence south 13 deg. 55 min. west 1340.5 feet; thence south 13 deg.
40 min. west 1351.2 feet; thence south 14 deg. 07 min. west 1356.9
feet; thence south 12 deg. 50 min. west 354.0 feet; thence south 21
deg. 15 min. east 564.8 feet; thence south 34 deg. 00 min. east 563.7
feet to a point on the south line of Section 11, Township 15 South,
Range 15 East, M. D. B. & M., 1544.6 feet west of the southeast
corner of said Section 11; thence south 46 deg. 55 min. east 2114.8
feet to a point on the east line of Section 14, Township 15 South,
Range 15 East, M. D. B. & M., 1444.5 feet south of the northeast
corner of said Section 14; thence south along the west line of
Section 13, Township 15 South, Range 15 East, M. D. B. & M., 3856.3
feet to the southwest corner of said Section 13; thence east 3951.9
feet to the northwest corner of the east one-half of the northeast
1/4 of Section 24, Township 15 South, Range 15 East, M. D. B. & M.;
thence south 26 deg. 35 min. east 2968.8 feet to the 1/4 corner on
the east side of Section 24, Township 15 South, Range 15 East, M. D.
B. & M. ; thence south along the west line of the southwest 1/400 of
Section 19, Township 15 South, Range 16 East, M. D. B. & M., 2660.6
feet to the southwest corner of said Section 19; thence south 45 deg.
00 min. east 7536.0 feet to the southeast corner of Section 30,
Township 15 South, Range 16 East, M. D. B. & M., said corner being
also the northwest corner of Section 32 of the last named township;
thence south 0 deg. 46t min. west along the west line of said Section
32, 5343.62 feet to the southwest corner thereof; thence south 89
deg. 41 min. east along the south line of said Section 32, 5275.6
feet to the southeast corner thereof; thence south 89 deg. 38 min.
east along the south line of Section 33, Township 15 South, Range 16
East, M. D. B. & M., 5276.9 feet to the southeast corner thereof;
thence south 0 deg. 261 min. west along the west line of Section 3,
Township 16 South, Hange 16 East, M. D. B. & M., 2407 feet; thence
north 88 deg. 29 min. 45 sec. east 2722.08 feet; thence south 0 deg.
26! min. west 2632.1 feet to the south quarter corner of said Section
3; thence north 88 deg. 57 min. east 2721.65 feet to the southeast
corner thereof; thence north 88 deg. 57t min. east 5541.1 feet along
the south line of Section 2, Township 16 South, Range 16 East, M. D.
B. & M., to the southeast corner thereof; thence north 88 deg. 571
min. east along the south line of Section 1, Township 16 South, Range
16 East, M. D. B. & M., 2770.68 feet to the south quarter corner
thereof; thence south 0 deg. 6t min. west along the west line of the
north half of the northeast quarter of Section 12, Township 16 South,
Range 16 East, M. D. B. & M., 1319.88 feet j thence north 88 deg.
54t min. east along the south line of said north half of the
northeast 1/4, 2753.48 feet to a point in the east line of said
Section 12; thence south 0 deg. 46t min. west 3955.93 feet to the
southeast corner of said Section 12; thence north 89 deg. 54} min.
east along the southerly line of Section 7, Township 16 South, Range
17 East, 2651.07 feet more or less, to the southerly quarter corner
of said section; thence northerly along the east line of the
southwest quarter of said section to the center of said section;
thence easterly along the south line of the northeasterly quarter of
said section to the intersection of said line with the official swamp
and overflow survey line, said point of intersection being south 89
deg. 52 min. west 1997.45 feet, more or less, from the east quarter
corner of said section, measured along the south line of the
northeast quarter of said section; thence continuing along said
official swamp and overflow survey line south 39 deg. 43 min. east
488.11 feet; thence south 34 deg. 43 min. east, 1311.78 feet; thence
south 77 deg. 53 min. east 938.35 feet to a point in the east line of
said Section 7; thence continuing along said official swamp and
overflow line south 27 deg. 30 min. east 762.3 feet; thence south 58
deg. east 594 feet to the south line of Section 8, in 'I' ownship 16
South, Range 17 East, M. D. B. & M.; thence west along the south line
of said Section 8 to the southwest corner of said Section 8; thence
south one mile to the southwest corner of Section 17 ; thence east
one mile to the southeast corner of said Section 17 ; thence south
one mile to the southwest corner of Section 21; thence east one mile
to the southeast corner of said Section 21; thence south two miles to
the southwest corner of Section 34 of the last named township;
thence into Township 17 South, Range 17 East, lVI. D. B. & M. west to
the north- west corner of Section 3; thence south along section
lines to the west 1/4 corner of Section 10; thence east along the
north line of the south 1/2 of Section 10 to the east 1/4 corner of
said Section 10 ; thence south along the section line to the
southwest corner of Section 11; thence east along the section line to
the southeast corner of said Section 11; thence south along the
section line to the west 1/4 corner of Section 13 ; thence east along
the north line of the southwest 1/4 of said Section 13 to the center
of said Section 13; thence south along the east line of the
southwest 1/4 of said Section 13 to the south 1/4 corner of said
Section 13 ; thence east along the section line to the southeast
corner of said Section 13; thence in Township 17 South, Range 18
East, M. D. B. & M., east along the section line to the southwest
corner of Section 17 ; thence south along the section line to the
west 1/4 corner of Section 20; thence along the north line of the
southwest 1/4 of Section 20 to the center of said Section 20 ; thence
south along the east line of the southwest 1/4 of Section 20 to the
south 1/4 corner of said
Section 20; thence east along the section line to the southeast
corner of Section 20; thence south along the section line to the west
1/4 corner of Section 28; thence east along the north line of the
southwest 1/4 of Section 28 to the center of said Section 28; thence
south along the east line of the southwest 1/4 of Section 28 to the
south 1/4 corner of said Section 28; thence east along section lines
to the north 1/4 corner of Section 34; thence south along the west
line of the northeast 1/4 of Section 34 to the center of said Section
34; thence east along the south line of the northeast 1/4 of Section
34 to the east 1/4 corner of said Section 34; thence south along the
section line to the southwest corner of the north 1/2 of the
southwest 1/4 of Section 35; thence east along the south line of the
north 1/2 of the southwest 1/4 of Section 35 to the southeast corner
of the north 1/2 of the southwest 1/4 of said Section 35; thence
south along the east line of the south 1/2 of the southwest 1/4 of
Section 35 to the south 1/4 corner of Section 35; Township 17 South,
Range 18 East, M. D. B. & M.; thence into Township 18 South, Range 18
East, M. D. B. & M. to the north 1/4 corner of Section 2; thence
south along the west line of the east half of said Section 2 to the
south 1/4 corner of said Section 2; thence east along section lines
to the southeast corner of Section 1; thence into Township 18 South,
Range 19 East, M. D. B. & M. to the southwest corner of Section 6;
thence east along section lines to the south quarter corner of
Section 5; thence north along the north-south center line of said
Section 5 to the point of intersection of said center line with the
north foot of bank of the Crescent Canal; thence along the north foot
of bank of Crescent Canal, S. 56 deg. 00 min. E. 460 feet; S. 47
deg. 00 min. E. 1320 feet; S. 78 deg. 10 min. E. 900 feet; S. 37 deg.
50 min. E. 170 feet to a point in the center line of Boggy or Fish
Slough; thence southerly along the center of Boggy or Fish Slough
through Sections 5 and 8 to San Jose Slough; thence southeasterly
along the center of San Jose Slough through Sections 8, 9, 16, 21,
22, 27, 34 and 35 to a point in said Section 35 where the said San
Jose Slough intersects Clarks Fork of Kings River; thence
northeasterly along the north bank of Clarks Fork of Kings River
through Sections 35, 26, 25 and 24 to a point in the east line of
Section 24; thence in Township 18 South, Range 20 East, continuing
along the north bank of Clarks Fork of Kings River through Sections
19 and 20 to a point where said bank intersects the north bank of
South Fork of Kings River; thence northeasterly along the north bank
of South Fork of Kings River through Sections 20, 17, 16, 15, 10, 11
and 2 to a point where said bank intersects the north bank of Kings
River; thence northeasterly along the north bank of Kings River
through Sections 2 and 1 to a point in the north line of said Section
1; thence in Township 17 South, Range 20 East, M. D. B. & M., and
continuing northeasterly along the north bank of Kines River through
Sections 36 and 25 to a point in the cast line ~f said Section 25;
thence in Township 17 South, Range 21 East, M. D. B. & M., and
continuing upstream northeasterly along the north bank of Kings River
through Sections 30, 29, 28, 27 and 22 to a point in the vicinity of
the southeast corner of said Section 22 where the center line of the
Kings River produced in a northwesterly direction downstream
intersects the said north bank of Kings River and the north bank of
Reynolds Cut Channel; thence southeasterly along the said produced
center line to the intersection with the center line of the Reynolds
Cut Channel; thence northerly and easterly along the center line of
said Reynolds Cut Channel and in the southwest 1/4 of Section 23 to
the point of intersection with the axis of the Reynolds Weir; thence
northeasterly along the center line of the Reynolds Weir approach
channel, known as the South Branch of Cole Slough, to the point of
intersection of the said center line produced with the north bank of
Cole Slough in the vicinity of the center of Section 23; thence
southwesterly along the north bank of the north branch of Cole Slough
to the point of beginning at the Liberty Canal headgate.
Division Five shall comprise all that territory of the district
included within the following described boundaries:
Beginning at the southwest corner of Section 6, Township 18 South,
Range 19 East, M. D. B. & M.; thence south along the section line to
the southwest corner of Section 7; thence east along the section
line to the southeast corner of said Section 7; thence south along
the section line to the southwest corner of Section 17; thence east
along the section line to the southeast corner of said Section 17;
thence south along the section line to the southwest corner of
Section 21; thence east along the south section line of Section 21 to
the point of intersection of said section line and the Government
Swamp and Overflow Meander Line; thence southeasterly along the
Government Swamp and Overflow Meander Line through Section 28 to the
intersection of said meander line and the east section line of said
Section 28 ; thence south along section lines for approximately one
and three-fourths miles to the southwest corner of Section 34,
Township 18 South, Range 19 East, M. D. B. & M.; thence in Town- ship
19 South, Range 19 East, M. D. B. & M. to the northwest corner of
Section 3; thence south along the section line to the southwest
corner of Section 3; thence east along the south line of said Section
3, one mile to the southeast corner of said Section 3; thence
easterly three-quarters of a mile along the south line of Section 2
of the last named township and range, to the southwest corner of the
southeast one-quarter of the southeast one-quarter of said Section 2;
thence southerly one-half mile to the southwest corner of the
southeast quarter of the northeast quarter of Section 11; thence
southerly along the west line of the east 1/2 of the southeast 1/4 of
said Section 11, also being the west line of Lot 5 of said Section
11, to the Southern Pacific Company Railroad line; thence
southeasterly along the westerly line of said Lot 5 of said Section
11 to the southeast corner of said Section 11 ; thence south 2i miles
along the west lines of Sections 13, 24, and 25, Township 19 South,
Range 19 East, M. D. B. & M., to the west 1/2 corner of said Section
25; thence east 2056 feet along the east-west center line of said
Section 25 to a point along the west bank of South Fork of Kings
River; thence south 252 feet along said west bank of said South Fork
of Kings River to a point which is the junction of the said west bank
of South Fork of Kings River and the westerly bank of the Empire
West Side Irrigation District's Upper Ditch; thence south 47 degrees
and 39 minutes west 2734 feet along the westerly bank of said Empire
West Side Irrigation District's Upper Ditch to a point on the west
line of said Section 25, which point is 548 feet north of the
southwest corner of said Section 25; thence south 47 deg. 39 min.
west 320 feet along said westerly bank of said Upper Ditch, in
Section 26, Township 19 South, Range 19 East, M. D. B. & M. ; thence
south 8 deg. 29 min. west 1990.6 feet in Section 26 and 35 of the
last named township and range; thence south 18 deg. 40 min. east 1250
feet along the said westerly bank of said Upper Ditch in Section 35,
Township 19 South, Range 19 East, M. D. B. & M., to a point; thence
south from this point 59 deg. 13 min. east 142 feet along said
westerly bank of Upper Ditch to a point which point lies on the east
line of said Section 35 and being 224 feet south of the east 1/4
corner of said Section 35; thence southerly 2403 feet along the east
line of said Section 35 to the southeast corner of said Section 35;
also being along the said westerly bank of Upper Ditch; thence
southerly 10,723.7 feet along the west lines of Section 1 and 12,
Township 20 South, Range 19 East, M. D. B. & lVI:., also along the
west bank of said Upper Ditch to the southwest corner of said Section
12; thence westerly 700 feet along the north line of Section 14,
last named township and range, to a point on the said westerly bank
of Upper Ditch; thence southerly 2680.9 feet along said westerly bank
of Upper Ditch; thence easterly 700 feet to the east 1/4 corner of
said Section 14; thence southerly 6702.2 feet along the west lines of
Sections 13 and 24 to the southwest corner of the northwest quarter
of the southwest quarter of Section 24, last named township and
range; thence easterly 1322.8 feet to the southeast corner of the
northwest quarter of the southwest quarter of said Section 24, thence
southerly 670.3 feet to the southwest corner of the northwest
quarter of the southeast quarter of the southwest quarter of said
Section 24; thence easterly 1322.8 feet to the southeast corner of
the northeast quarter of the southeast quarter of the southwest
quarter of said Section 24; thence southerly 670.3 feet to the south
quarter corner of said Section 24; thence southerly 207 feet along
the westerly bank of the Upper Ditch of the Empire West Side
Irrigation District in Section 25, last named township and range;
thence south 34 deg. 10 min. west 284 feet along said westerly bank
of Upper Ditch; thence south 45 deg. 20 min. west 3400 feet along
said westerly bank of Upper Ditch to the west quarter corner of said
Section 25; thence easterly 982 feet to a point on the westerly bank
of Ditch of Empire West Side Irrigation District; thence south 48
deg. 30 min. west 2770 feet along said westerly bank of Ditch through
portions of Sections 25 and 26, Township 20 South, Range 19 East, M.
D. B. & M. ; thence south 36 deg. 30 min. west 2700 feet through
portions of Section 26 and 35 along said westerly bank of Ditch;
thence southerly 1340.4 feet to center of said Section 35; thence
westerly 1320 feet to the northwest corner of the northeast quarter
of the southwest quarter of Section 35, Township 20 South, Range 19
East, M. D. B. & M.; thence southerly 2681 feet to the southwest
corner of the southeast quarter of the southwest quarter of said
Section 35, also being the southwest corner of Lot 9 of said Section
35; thence easterly along the south line of said Section 35 to the
intersection of said line with the northwesterly bank of the West
Side Canal, said point of intersection also being a point on the
north line of Section 1, Township 21 South, Range 19 East, M. D. B. &
M. where said line intersects the northwesterly bank of said West
Side Canal; thence east along the north line of said Section 1 to the
northeast corner of said Section 1 last named township and range;
thence east along northern lines of Sections 6 and 5, Township 21
South, Range 20 East, M. D. B. & M. to the northwest corner of
Section 4 last named township and range; thence southerly along the
western lines of Sections 4 and 9 one and one-half miles more or less
to the west one-quarter corner of Section 9 last named township and
range; thence east along the east and west center lines of Sections
9, 10, 11 and 12, last named township and range 4 miles more or less
to the east one-quarter corner of Section 12; thence northerly one
and one-half miles to the northeast corner of Section 1 last named
township and range; thence easterly along the northern lines of
Section 6, Township 21 South, Range 21 East, lVL D. B. & M., 39.66
chains more or less to a point on northern line of said Section 6,
said point being at the northwest corner of 154 acre tract of land in
said Section 6 now or formerly belonging to S. J. Hill; thence
southerly along the westerly line of said 154 acre tract 33.16 chains
more or less to the southwest corner of said 154 acre tract; thence
easterly along southern line of said tract 46.44 chains more or less
to the southeast corner of said tract also being a point on east line
of said Section 6; thence southerly along east line of said Section
6 a distance of 21.84 chains more or less to a point on said east
line of Section 6, last named township and range, said point being
26.05 chains northerly from the southeast corner of said Section 6;
thence south 72 deg. E. 42.06 chains to a point on the west line of
the east half of Section 5, last named township and range; thence
northerly along the west line of the east half of said Section 5 a
distance of 68.00 chains to the north one-quarter corner of said
Section 5; thence easterly along northern line of said Section 5 a
distance of 27.20 chains to point of intersection of the northern
line of said Section 5 and the meander or shore line of Tulare Lake
surveyed May 17, 1884 and shown on township plat of Township 21
South, Range 21 East, M. D. B. & M., approved by the United States
Surveyor General of California on October 14, 1884, said point of
intersection being 12.80 chains westerly from the northeast corner of
said Section 5; thence easterly and southeasterly along last said
meander line through Sections 5 and 4 to the point of intersection of
last said meander line and the west line of the east half of the
east half of Section 4, last named township and range; thence
northerly along said west line of the east half of the east half to
the northwest corner of the southeast onequarter of the northeast
one-quarter of said Section 4; thence easterly one-quarter of a mile
to the northeast corner of the southeast one-quarter of the northeast
quarter of said Section 4; thence southerly three-quarters of a mile
to the northwest corner of Section 10, Township 21 South, Range 21
East, M. D. B. & M.; thence easterly one mile to the northeast corner
of last said Section 10; thence southerly 2 miles to the southwest
corner of Section 14, last said township and range; thence easterly
one-half mile to the south one-quarter corner of said Section 14;
thence northerly one-half mile to center of said Section 14; thence
easterly one-half mile to the east one-quarter corner of said Section
14; thence southerly one-half mile to the northwest corner of
Section 24, last named township and range; thence easterly one-half
mile to the north onc-quarter corner of said Section 24; thence
southerly one-half mile to the center of last said Section 24; thence
easterly one-half mile to the east one-quarter corner of said
Section 24; thence southerly 21 miles along the eastern boundary line
or Township 21 South, Range 21 East to the southeast corner of last
said township and range; thence southerly one-half mile, more or
less, to the west quarter corner of Section 6, Township 22 South,
Range 22 East, M. D. B. & M.; thence easterly along east and west
center lines of Sections 6 and 5, last named township and range to
the center of last said Section 5; thence southerly 3t miles along
north and south center lines of Sections 5, 8, 17 and 20 last named
township and range to the south quarter corner of last said Section
20; thence easterly along the northern lines of Sections 29 and 28
last named township and range, to the north quarter corner of said
Section 28; thence southerly one mile to the south quar- tel' corner
of said Section 28; thence easterly one-half mile to the northeast
corner of Section 33 last named township and range; thence southerly
one mile to southeast corner of said Section 33; thence easterly
along the northern line of Section 3, Township 23 South, Range 22
East, M. D. B. & M., 73.15 chains more or less to the northeast
corner of last said Section 3; thence southerly one mile to the
southeast corner of last said Section 3; thence easterly 2 miles more
or less along the northern lines of Sections 11 and 12, Township 23
South, Range 22 East to the northeast corner of last said Section 12;
thence north along range line 12 miles to the northeast corner of
Section 12, Township 21 South, Range 22 East, M. D. B. & M.; thence
west two and one-half miles along section lines to the south
one-quarter corner of Section 3, last named township and range;
thence northerly one-half mile to the center of said Section 3;
thence westerly one-half mile to the west one-quarter corner of said
Section :3; thence north one-half mile to the northwest corner of
said Section 3; thence east 3 miles along township line to the
northeast corner of Section 1, Township 21 South, Range 22 East, M.
D. B. & M.; thence east 383 feet along said township correction line
to a point on the south line of Section 36, Township 20 South, Range
22 East, M. D. B. & M. which point is also on center line of
Lakelands Canal and Irrigation Company Canal; thence N. 21 deg. 45
min. W. a distance of 6388 feet along center line of said canal;
thence N. 62 deg. 45 min. W. a distance of 711 feet along center line
of said canal to a point on the west line of Section 25 last named
township and range, said point being 1278 feet north of the southwest
corner of said Section 25; thence north on section line to the west
one-quarter corner of said Section 25; thence east to the southeast
corner of the southwest one-quarter of the northwest one-quarter of
said Section 25; thence north to the southeast corner of the
northwest one-quarter of the northwest one-quarter of said Section
25; thence east to the southeast corner of the northeast onequarter
of the northwest one-quarter of said Section 25; thence north to the
north one-quarter corner of said Section 25; thence east to the
northeast corner of said Section 25; thence north along range line to
the northeast corner of southeast onequarter of the southeast
one-quarter of Section 12, Township 20 South, Range 22 East, M. D. B.
& M.; thence west to the northwest corner of the southeast
one-quarter of the southwest one-quarter of said Section 12; thence
south to the southwest corner of the southeast one-quarter of the
southwest one-quarter of said Section 12; thence west along the
section lines to the northeast corner of Section 16, Township 20
South, Range 22 East, M. D. B. & M.; thence west three miles along
the north line of Sections 16, 17 and 18 to the northwest corner of
Section 18 last named township and range; thence west one-half mile
along section line to the south one-quarter corner of Section 12,
Township 20 South, Range 21 East, M. D. B. & M.; thence northerly
along the north-south center line of last named Section 12 to the
north one-quarter corner of said Section 12: thence west one and
one-half miles along section lines to the northwest corner of Section
11 last named township and range; thence northerly one mile along
section line to the northwest corner of Section 2 last named township
and range; thence northerly three miles along the west lines of
Sections 35, 26 and 23, Township 19 South, Range 21 East, M. D. B. &
M. to the northwest corner of Section 23 ; thence east one mile along
section line to the northeast corner of said Section 23; thence
northerly one mile along section line to the northwest corner of
Section 13 last named township and range; thence east one mile along
section line to the northeast corner of said Section 13; thence east
four miles along section lines to the northeast corner of Section 15,
Township 19 South, Range 22 East, M. D. B. & M.; thence north one
mile along section line to the northwest corner of Section 11 last
named township and range; thence east one mile along section line to
the southeast corner of Section 2 last named township and range;
thence north one mile to the northeast corner of said Section 2 ;
thence north two miles along section lines to the northwest corner of
Section 25, Township 18 South, Range 22 East, M. D. B. & M.; thence
onehalf mile east along section line to the south one-quarter corner
of Section 24, last named township and range; thence north one mile
along north-south center line of Section 24 last named township and
range to the north one-quarter corner of said Section 24; thence west
one-half mile along section line to the northwest corner of said
Section 24; thence north two miles along section lines to the
northwest corner of Section 12 last named township and range; thence
northerly along the west line of Section 1, Township 18 South, Range
22 East, M. D. B. & M., to the point of intersection of the said west
line with the north bank of the slough used as part of the ditch
known as the Settlers Ditch; thence running north along the section
lines to the left bank of the ditch known as the Peoples Ditch near
the southwest corner of Section 13 in Township 17 South, Range 22
East, M. D. B. & M.; thence running north along the said left bank of
Peoples Ditch through Sections 13, 12 and 1, and in Section 1 to a
point where the line of said left bank produced intersects the center
line of the Main Channel of Kings River; thence southwesterly along
said center line of Kings River to its intersection with the center
line of Old River Channel in the west 1/2 of Section 1; thence south
and westerly along the center line of said Old River Channel through
Sections 1, 12, 13, 14, 15, 22, 21, 20, 29 and 30 in Township 17
South, Range 22 East, M. D. B. & M.; thence continuing along the
center line of said Old River Channel into Section 25, Township 17
South, Range 21 East, M. D. B. & M., to its intersection with the
center line of the Main Channel of Kings River in the northeast 1/4
of the said Section 25; thence south and westerly through Sections 25
and 26 along the center line of said Kings River to a point in the
vicinity of the northwest corner of Section 26 where the said center
line produced intersects the north bank of the said Kings River and
the north bank of the Reynolds Out Channel; thence along said north
bank of the main Kings River in a southwesterly direction through
Sections 27, 28, 29 and 30 in Township 17 South, Range 21 East, M. D.
B. & M.; thence into Township 17 South, Range 20 East, M. D. B. &
M., continuing southwesterly along said north bank through Sections
25 and 36; thence into Township 18 South, Range 20 East, M. D. B. &
M., continuing southwesterly along said north bank through Sections 1
and 2 to a point where said north bank projected intersects the
north bank of the South Fork of Kings River; thence along said north
bank of the South Fork of Kings River in a southwesterly direction
through Sections 2, 11, 10, 15, 16, 17 and 20 in the last named
township and range to a point where said north bank joins the north
bank of Olark's Fork of Kings River; thence continuing southwesterly
along the north bank of Clark's Fork of Kings River through Sections
20 and 19 of the last named township and range; thence into Township
18 South, Range 19 East, M. D. B. & M., along said north bank
southwesterly through Sections 24, 25, 26 and 35 to a point where
said north bank projected intersects the
center of San Jose Slough; thence along the center
line of said San Jose Slough in a westerly and northwesterly
direction through Sections 35, 34, 27, 22, 21, 16, 9 and 8 to a point
where said center line intersects the center line of Boggy or Fish
Slough; thence northwcsterly along the center line of Boggy or Fish
Slough through Sections 8 and 5 to a point where said center line is
intersected by a line commencing at the point of intersection of the
north-south center line of Section 5, Township 18 South, Range 19
East, IVL D. B. & M. with the north foot of bank of the Crescent
Oanal and running thence south 56 deg. 00 min. E. 460 feet; S. 47
deg. 00 min. E. 1320 feet; S. 78 deg. 10 min. E. 900 feet; S. 37 deg.
50 min. E. 170 feet to its intersection with the aforesaid center
line of Boggy or Fish Slough; thence retracing the above described
line to its point of beginning at the intersection of the north-south
center line of said Section 5 and the north foot of bank of the
Orescent Oanal; thence south along the northsouth center line of
Section 5 to the south quarter corner of Section 5; thence west along
section lines to the southwest corner of Section 6 which is the
point of beginning.
Division Six shall comprise all that territory of the district
included within the following described boundaries:
Beginning at the northeast corner of Section 1, Township 21 South,
Range 19 East, M. D. B. & M., and running thence westerly along the
north line of said Section 1 to its intersection with the
northwesterly bank of the West Side Oanal; thence southwesterly
following the meanderings of said bank of said canal to its
intersection with the northern line of Section 15, same township and
range; thence westerly along said line of said Section 15 to the
north quarter corner of Section 15 in said Township 21 South, Range
19 East; thence southerly one-half mile to the center of said Section
15; thence westerly one-quarter of a mile to the northwest corner of
the east half of the southwest quarter of said Section 15; thence
southerly one-half of a mile to the southwest corner of the east half
of the southwest quarter of said Section 15; thence westerly along
the southern line of said Section 15 and along the southern line of
Section 16, same township and range, to the south quarter corner of
said Section 16, last said quarter corner being a point on the
meander line of Tulare Lake as established by the United States
Surveyor General of California in the year 1855; thence along said
meander line south 31 degrees 10 minutes west 77.10 chains, south 35
degrees 45 minutes west 17.12 chains, south 39 degrees 30 minutes
west 72.00 chains, south 9 degrees 30 minutes west 25.00 chains,
south 44 degrees 35 minutes west 28.30 chains and south 28 degrees
west 68.15 chains to a point on the southern line of Section 31 of
said Township 21 South, Range 19 East, M. D. B. & M., last said point
being distant south 89 degrees 26 minutes east 48.00 chains from the
southwest corner of said Section 31; thence, leaving said meander
line, and along the line between Township 21 South, Range 19 East,
and Township 22 South, Range 19 East, M. D. B. & M., north 89 degrees
26 minutes west 8.06 chains to the north quarter corner of Section 6
of said Township 22 South, Range 19 East, M. D. B. & M.; thence
southerly along the line dividing the east half and the west half of
said Section 6 and along the line dividing the east one-half and the
west one-half of Section 7, last said township and range, two miles,
more or less, to the south quarter corner of said Section 7 ; thence
easterly along the southern line of said Section 7 one-half of a
mile, more or less, to the northwest corner of Section 17, last said
township and range; thence southerly three-eighths of a mile to the
southwest corner of the north one-half of the south one-half of the
northwest onequarter of said Section 17; thence easterly one-half of
a mile to the southeast corner of the north one-half of the south
onehalf of the northwest quarter of said Section 17; thence southerly
five-eighths of a mile to the south quarter corner of said Section
17; thence easterly one-quarter of a mile to the northwest corner of
the northeast quarter of the northeast quarter of Section 20, last
said township and range; thence southerly three-quarters of a mile to
the southwest corner of the northeast one-quarter of the southeast
one-quarter of said Section 20; thence easterly one-quarter of a mile
to the southeast corner of the northeast one-quarter of the
southeast one-quarter of said Section 20; thence southerly
one-quarter of a mile to the northwest corner of Section 28, last
said township and range; thence east one-half of a mile to the north
one-quarter corner of said Section 28; thence southerly one mile to
the south onequarter corner of said Section 28; thence east one-half
of a mile to the northwest corner of Section 34, last said township
and range; thence southerly along the western line of last said
Section 34 and continuing along the western line of Section 3,
Township 23 South, Range 19 East, M. D. B. & M., 11/2 miles, more or
less, to the west quarter corner of last said Section 3; thence
easterly one-quarter of a mile to the northwest corner of the
northeast quarter of the southwest quarter of last said Section 3;
thence southerly one-quarter of a mile to the southwest corner of the
northeast one-quarter of the southwest onequarter of last said
Section 3; thence easterly three-quarters of a mile to the northeast
corner of the southeast one-quarter of the southeast one-quarter of
last said Section 3; thence southerly one-quarter of a mile to the
southeast corner of last said Section 3; thence easterly along the
southern line of Sections 2 and 1, last said township and range, 2
miles, more or less, to the northwest corner of Section 7, Township
23 South, Range 20 East, M. D. B. & M., thence southerly one-half of
a mile to the west quarter corner of last said Section 7; thence
easterly one-half of a mile, more or less, to the center of last said
Section 7; thence southerly one-quarter of a mile to the southwest
corner of the northwest one-quarter of the southeast one-quarter of
last said Section 7; thence easterly one mile to the northwest corner
of the southwest one-quarter of the southeast one-quarter of Section
8, last said township and range; thence southerly one-quarter of a
mile to the south quarter corner of last said Section 8; thence
easterly along the southern lines of Sections 8, 9, 10, and 11, last
said township and range, 31 miles, more or less, to the northwest
corner of Section 13, Township 23 South, Range 20 East, M. D. B. & M.
; thence southerly along the western lines of Sections 13, 24, 25,
and 36, last said township and range, 4 miles to the southwest corner
of last said Section 36; thence easterly one mile to the northwest
corner of Section 6, Township 24 South, Range 21 East, M. D. B. & M.
; thence southerly one mile to the southwest corner of last said
Section 6; thence easterly 85.81 chains, more or less, to the
northwest corner of Section 8, last said township and range; thence
southerly three-quarters of a mile to the southwest corner of the
northwest one-quarter of the southwest one-quarter of last said
Section 8; thence easterly along the southern lines of the north half
of the south half of Sections 8, 9, and 10, last said township and
range, 3 miles, more or less, to the southeast corner of the
northeast quarter of the southeast quarter of last said Section 10;
thence northerly three-quarters of a mile to the southwest corner of
Section 2, last said township and range; thence easterly along the
southern lines of Sections 2 and 1, last said township and range, 2
miles, more or less, to the southeast corner of last said Section 1;
thence southerly one-half of a mile to the east onequarter corner of
Section 12, last township and range; thence easterly along the east
and west center lines of Sections 7 and 8, Township 24 South, Range
22 East, M. D. B. & M.; one and one-half miles more or less to the
center of last said Section 8 ; thence northerly one-half of a mile
to the south quarter corner of Section 5 last said township and
range; thence easterly along the southern lines of 5, 4, and 3, last
said township and range, two and one-half miles more or less to the
southwest corner of Section 2, Township 24 South, Range 22 East, M.
D. 13. & M. ; thence east, along the southern line of last said
Section 2, 11.94 chains to its intersection with the meander line of
Tulare Lake as surveyed in 1880 and shown on the township plat of
last said township approved by the United States Survevor General of
California on February 9, 1881; thence along last said meander line
north 55 degrees east 55.00 chains, north 60 degrees east 15.00
chains; north 56 degrees 30 minutes east 31.62 chains and north 56
degrees 30 minutes east 61.86 chains to a point on the north line of
Section 1, Township 24 South, Range 22 East, :LVI:. D. B. & M.,
distance thereon west 29.00 chains from the northeast corner of last
said Section 1; thence northeasterly along the meander or shore line
in 1880 of Tulare Lake through Section 36, Township 23 South, Range
22 East, M. D. B. & M., to a point on the western line of Section 31,
Township 23 South, Range 23 East, M. D. B. & M., distant thereon,
north 21.00 chains from the southwest corner of last said Section 31;
thence continuing along the meander or shore line of Tulare Lake as
surveyed in 1880 and shown on the township plat of last said township
approved by the United States Surveyor General of California on
February 9, 1881, the following courses and distances: North 52
degrees east 50.00 chains, north 56 degrees east 17.00 chains, north
52 degrees east 30.20 chains, north 52 degrees 30 minutes east 11.40
chains, north 43 degrees east 23.00 chains, north 44 degrees east
35.00 chains, north 49 degrees east 45.06 chains, north 45 degrees
east 5.65 chains, north 41 degrees east 52.00 chains, north 35
degrees east 10.00 chains, north 38 degrees east 36.24 chains, north
22 degrees east 22.00 chains, north 26 degrees east 8.00 chains,
north 23 degrees east 16.10 chains and north 15 degrees 30 minutes
east 40.00 chains to a point on the north line of Section 15,
Township 23 South, Range 23 East, M. D. B. & M., distant thereon west
68.00 chains from the northeast corner of said Section 15 ; thence
leaving last said meander line, and along the northern lines of
Sections 15, 16, last said township and range, westerly 91.78 chains
to the southeast corner of Section 8, last said township and range;
thence northerly one-half mile to the east quarter corner of said
Section 8; thence westerly one mile to the west quarter corner of
said Section 8; thence southerly one-half mile to the southwest
corner of said Section 8; thence westerly 86.17 chains to the
northwest corner of Section 18, last said township and range, said
corner of said Section 18 being also the southeast corner of Section
12, Township 23 South, Range 22 East, M. D. B. & M.; thence north one
mile to the northeast corner of Section 12, last named township and
range; thence westerly along the northern lines of Sections 12 and
11, last said township and range, 2 miles, more or less to the
southeast corner of Section 3, last said township and range; thence
northerly one mile, more or less, to the northeast corner of last
said Section 3; thence westerly, along the northern line of last said
Section 3, 73.15 chains, more or less, to the southeast corner of
Section 33, Township 22 South, Range 22 East, M. D. B. & M.; thence
northerly one mile to the northeast corner of last said Section 33;
thence westerly one-half mile to the south quarter corner of Section
28, last said township and range; thence northerly one mile to the
north quarter corner of last said Section 28; thence westerly along
the northern lines of Sections 28 and 29, last said township and
range, one mile to the south quarter corner of Section 20, Township
22 South, Range 22 East, M. D. B. & M.; thence northerly along the
north and south center lines of the Sections 20, 17, 8 and 5, last
said township and range, 3~ miles to the center of last said Section
5; thence westerly along the east and west center lines of Sections 5
and 6, last said township and range, to the west quarter corner of
last said Section 6; thence northerly one-half of a mile, more or
less, to the southeast corner of Township 21 South, Range 21 East, M.
D. B. & M.; thence northerly along the eastern boundary line of last
said township and range 2t miles to the east quarter corner of
Section 24, Township 21 South, Range 21 East, M. D. B. & M.; thence
westerly one-half of a mile to the center of last said Section 24,
thence northerly one-half of a mile to the north quarter corner of
said Section 24; thence westerly one-half of a mile to the northwest
corner of said Section 24; thence northerly one-half of a mile to the
east quarter corner of Section 14, last said township and range;
thence westerly one-half of a mile to the center of said Section 14;
thence southerly one-half mile to the south quarter corner of said
Section 14; thence westerly one-half mile to the southwest corner of
said Section 14; thence northerly 2 miles to the northeast corner of
Section 10, last said township and range; thence westerly one mile to
the northwest corner of last said Section 10; thence northerly
three-quarters of a mile to the northeast corner of the southeast
one-quarter of the northeast quarter of Section 4, last said township
and range; thence westerly one-quarter of a mile to the northwest
corner of the southeast one-quarter of the northeast one-quarter of
said Section 4; thence southerly along the west line of the east half
of the east half of said Section 4 to its intersection with the
meander or shore line of Tulare Lake surveyed May 17, 1884, and shown
on the township plat of Township 21 South, Range 21 East, M. D. B. &
M., approved by the United States Surveyor General of California on
October J4, 1884; thence westerly and northwesterly along last said
meander line through Sections 4 and 5, last said township and range,
to its intersection with the northern line of said Section 5 at a
point distant thereon 12.80 chains westerly from the northeast corner
of said Section 5; thence westerly along said northern line of said
Section 5 a distance of 27.20 chains, more or less, to the north
quarter corner of said Section 5; thence southerly along the west
line of the east half of said Section 5, a distance of 68.00 chains;
thence North 72 degrees West 42.06 chains to a point on the east line
of Section 6, last said township and range, distant thereon 26.05
chains northerly from the southeast corner of said Section 6; thence
northerly along said east line of said Section 6, a distance of 2] .
84 chains, more or less, to the southeast corner of the 154.0 acre
tract of land in said Section 6 now or formerly belonging to S. J.
Hill; thence westerly along the southerly line of said tract 46.44
chains, more or less, to the southwest corner of said 154.0 acre
tract; thence northerly along the westerly line of said tract 33.16
chains, more or less, to a point on the northern line of said Section
6, said point being at the northwest corner of said 154.0 acre
tract; thence westerly along the northern line of said Section 6,
39.66 chains, more or less, to the northeast corner of Section 1,
Township 21 South, Range 20 East, M. D. B. & M.; thence southerly one
and one-half miles to the east quarter corner of Section 12, last
said township and range; thence westerly along the east and west
center lines of Sections 12, 11, 10 and 9, last said township and
range, 4 miles, more or less, to the west quarter corner of last said
Section 9; thence northerly along the western lines of Sections 9
and 4, last said township and range, one and onehalf miles, more or
less, to the northwest corner of last said Section 4; thence westerly
along the northern lines of Sections 5 and 6, last said township and
range, 2 miles, more or less, to the northeast corner of Section 1,
Township 21 South, Range 19 East, M. D. B. & M., and the point of
beginning.
Also beginning at a point on the east bank of La Hacienda spillway
in Section 13, Township 24 South, Range 21 East, M. D. B. & M., said
point being one-half mile south of the north line of said Section
13, and running thence northeasterly in a direct line to the
northwest corner of the southwest quarter of the northwest quarter of
Section 18, Township 24 South, Range 22 East, M. D. B. & M., thence
easterly one and threequarters miles, more or less, to the northeast
corner of the southwest quarter of the northeast quarter of Section
17, last said township and range; thence southerly one-quarter of a
mile to the southeast corner of the southwest quarter of the
northeast quarter of said Section 17, thence easterly one-half of a
mile to the southwest corner of the southeast quarter of the
northwest quarter of Section 16, last said township and range; thence
northerly one-half of a mile to the northwest corner of the
northeast quarter of the northwest quarter of said Section 16; thence
easterly three-quarters of a mile to the southwest corner of Section
10, last said township and range; thence northerly one-quarter of a
mile to the northwest corner of the south half of the southwest
quarter of said Section 10; thence easterly one-half of a mile to the
northeast corner of the south one-half of the southwest quarter of
said Section 10; thence southerly one-eighth of a mile to the
southeast corner of the north one-half of the southeast quarter of
the southwest quarter of said Section 10; thence westerly onequarter
of a mile to the southwest corner of the north half of the southeast
quarter of the southwest quarter of said Section 10; thence southerly
one-eighth of a mile to the southeast corner of the southwest
quarter of the southwest quarter of said Section 10; thence westerly
one-quarter of a mile to the northeast corner of Section 16, last
said township and range; thence southerly one-quarter of a mile to
the southeast corner of the northeast quarter of the northeast
quarter of said Section 16 ; thence westerly one-quarter of a mile to
the southwest corner of the northeast quarter of the northeast
quarter of said Section 16; thence southerly one-half of a mile to
the northwest corner of the southeast quarter of the southeast
quarter of said Section 16; thence easterly one-half of a mile to the
northeast corner of the southwest quarter of the southwest quarter
of Section 15, last said township and range; thence northerly
one-half of a mile to the northwest corner of the southeast quarter
of the northwest quarter of said Section 15; thence easterly
one-quarter of a mile to the northeast corner of the southeast
quarter of the northwest quarter of said Section 15; thence northerly
one-eighth of a mile to the northwest corner of the south half of
the northwest quarter of the northeast quarter of said Section 15 ;
thence easterly one-quarter of a mile to the northeast corner of the
south half of the northwest quarter of the northeast quarter of said
Section 15; thence northerly one-eighth of a mile to the northwest
corner of the northeast quarter of the northeast quarter of said
Section 15; thence easterly one-quarter of a mile to the northeast
corner of said Section 15; thence southerly one mile to the southeast
corner of said Section 15; thence westerly along the southern
boundary lines of said Sections 15 and 16, two miles to the northeast
corner of Section 20 last said township and range; thence southerly
one-half of a mile to the east quarter corner of said Section 20;
thence westerly along the east and west center lines of Sections 20
and 19, last said township and range, and continuing along the east
and west center line of Section 24, Township 24 South, Range 21 East,
M. D. B. & M., a distance of two and three-quarters miles, more or
less, to a point on the east bank of La Haci.enda spillway in said
Section 24; thence northerly along said bank of said spillway one
mile to the point of beginning.
SEC. 21. Section 3 is added to the
Kings River Conservation District Act (Chapter 931 of the
Statutes of 1951), to read:
Sec. 3. (a) On or before May 1, 2013, the board
shall adopt a resolution that divides the district into seven
electoral divisions, which shall be numbered and denominated Division
One, Division Two, Division Three, Division Four, Division Five,
Division Six, and Division Seven.
(b) Using the most recent federal census data as a basis, the
electoral divisions shall be as far as practicable, equal in
population as required by law.
(c) In establishing the boundaries of the electoral divisions, the
board may give consideration to the topography, geography,
cohesiveness, contiguity, integrity, compactness of territory, and
the community of interests of the electoral divisions.
(e) The establishment of seven divisions pursuant to this section
shall not affect the term of office of any director holding office on
January 1, 2013.
SEC. 22 . Section 3.1 is added to the
Kings River Conservation District Act (Chapter
931 of the Statutes of 1951), to read:
Sec. 3.1. (a) (1) One director shall be elected
in accordance with this section by the voters of each electoral
division.
(2) A candidate for the board of directors shall be a resident in
the electoral division for which he or she is a candidate.
(3) A director shall continue to reside within the electoral
division during his or her term of office, except that no change in
boundaries of an electoral division shall affect the term of office
of an incumbent director.
(b) Consistent with the requirements of Section 10404 of the
Elections Code, the first elections for Division One, Division Three,
and Division Five established pursuant to Section 3 shall be
conducted at the November 4, 2014, general district election.
(c) Consistent with the requirements of Section 10404 of the
Elections Code, the first elections for Division Two, Division Four,
Division Six, and Division Seven established pursuant to Section 3
shall be conducted at the November 8, 2016, general district
election.
(d) Except as otherwise provided by this act, the term of office
for each director elected pursuant to subdivisions (b) and (c) shall
be four years and the director shall hold office until his or her
successor qualifies and takes office.
(e) Elections pursuant to this section shall be conducted in
accordance with the Uniform District Election Law (Part 4 (commencing
with Section 10500) of Division 10 of the Elections Code).
SEC. 23. Section 3.2 is added to the
Kings River Conservation District Act (Chapter 931 of the
Statutes of 1951), to read:
Sec. 3.2. The
board shall review the boundaries of the seven electoral divisions
established pursuant to Section 3 before November 1 of the year
following the year in which each decennial census is taken. If
necessary, the board of directors shall, by resolution, adjust the
boundaries of any divisions pursuant to Chapter 8 (commencing with
Section 22000) of Division 21 of the Elections Code, except as
otherwise provided in this act.
SEC. 24. Section 5 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951), as amended by Section 174 of Chapter 2019 of the Statutes of
1965, is amended to read:
Sec. 5. As used in this act the following words shall have the
following meanings unless by the context otherwise indicated, and the
definition of a word applies to any of its variants:
(a) "District" means Kings River Conservation District.
(b) "Board" means the board of directors of the district.
(c) "President" means the president of the board.
(d) "Secretary" means the secretary of the board.
(e) "General district election" means the election required to be
held in the district on the first Tuesday after the first Monday in
November in each odd-numbered even-numbered
year.
(f) "Special district election" means any district election other
than a general district election.
(g) "Elector," "voter," and "precinct board" have, respectively,
the same meanings as in the Elections Code, but an elector or voter
shall also be a resident of the district and, when required, of a
division thereof.
(h) "Property" embraces all real and personal property.
(i) "Works" includes conduits, canals, embankments, dams,
reservoirs, wells, pumps, tunnels, powerhouses, power generating
equipment, powerlines, and other appliances and other facilities
useful in the control, conservation, drainage, diversion and
transmission of waters and in the generation, control and
transmission of electrical power, and all land, property, franchises,
easements, rights-of-way and privileges necessary or useful to
maintain any of the foregoing.
(j) "Conduits" includes canals, laterals, ditches, flumes, pipes
and their appurtenances.
(k) "Operate" includes use, maintenance and repair.
(l) "Street" includes road, alley, avenue, highway and public way.
(m) "United States" includes the United States of America and all
bureaus, commissions, divisions, departments, boards, agencies and
officers of the United States of America.
(n) "State of California" includes the State of California and all
bureaus, commissions, divisions, departments, agencies and officers
of the State of California.
SEC. 25. Section 8 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is amended to read:
Sec. 8. The powers of the district shall, except as otherwise
provided, be exercised by a board of seven directors , six
of whom shall reside respectively in each of the six divisions but
shall be elected by the entire district, and one shall be elected at
large by the entire district; provided, however, that the first
directors shall be appointed as herein provided .
SEC. 26. Section 19 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is repealed.
Sec. 19. Within 30 days after the organization of the board
appointed by the Governor, it shall by resolution provide for the
holding of a special district election for the purpose of submitting
to the voters the question of whether the organization of the
district as provided herein shall be ratified and confirmed, and
shall fix a date upon which such special district election shall be
held, which date shall be not less than 30 nor more than 40 days
after the adoption of such resolution. Such special district election
shall be called and held in accordance with the provisions of
Section 24 hereof insofar as the same may be applicable, but in
addition to the matters and things required to be set forth in the
proclamation therein provided for, such proclamation shall likewise
set forth the proposition to be submitted to the voters. The
proposition shall be submitted in substantially the following form:
"Shall the organization of Kings River Conservation District as
provided in the act adopted by the Legislature at its last regular
session, known as Kings River Conservation District Act, be ratified
and confirmed?" Opposite shall be the word "Yes" followed by a square
wherein to mark the cross, and also opposite shall be the word "No"
followed by a square wherein to mark the cross. The returns of the
election shall be made to and the votes canvassed by the board on the
first Tuesday which is six or more days after the election, aud the
results of the election shall be ascertained and declared in
accordance with the provisions of Section 24 hereof. If such
proposition is approved by a majority of the voters voting thereon at
such election, the president and secretary of the board shall file,
or cause to be filed, with the Secretary of State, and shall record,
or cause to be recorded in the office of the county recorder of each
county within which any portion of the district lies, a certificate
stating the result of snch election, the formation of the district
under the provisions thereof, and its boundaries. Upon receipt of the
certificate, the Secretary of State shall, within 10 days, issue his
certificate reciting's that the district has been duly incorporated.
A copy of this certificate shall be transmitted to and filed with
the county clerk of each county within which any portion of the
district lies.
In the event a majority of the votes cast on the proposition are
against the proposition, then the board appointed by the Governor
shall wind up the affairs of the district and enter an order
dissolving the same, as hereinafter provided, but shall not exercise
any powers herein granted except to the extent required to wind up
such affairs and dissolve the district, nor shall any general or
special district elections be called or held. The board shall dispose
of and sell any property belonging to the district and shall,
pursuant to Sections 37, 38, and 39, cause a tax to be levied
sufficient to pay the expenses and claims against the district,
including the estimated cost and expense of winding up the affairs of
the district. When all the obligations of the district have been
paid, the board by resolution shall so declare and shall also declare
that the district is dissolved, and thereupon the district shall be
deemed duly and regularly dissolved. Any funds remaining on hand at
the time of the dissolution shall be paid by the board into the
general funds of each county in which any portion of the district
lies in the proportion that the assessed valuation of lands within
the district within each county bears to the total assessed valuation
of the lands within the district. Any delinquent taxes from any levy
made by the board and not collected prior to the dissolution of the
district shall be retained by the county collecting the same and paid
into its general funds.
SEC. 27. Section 20 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is repealed.
Sec. 20. In the event the formation of the district is ratified
and confirmed at the election, as soon thereafter as practicable and
at least three months prior to the first general election the
secretary shall file with the county recorder of each county within
which any portion of the district lies a description of the
boundaries of the divisions of the district, designating each by its
number as provided in Section 3 hereof, together with a plat or map
showing the boundaries of such divisions.
SEC. 28. Section 21 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is amended to read:
Sec. 21. Whenever any land is added to the district, the board, by
resolution, shall include it or any part thereof in such division or
divisions as the board may determine, giving consideration to the
location thereof and the interests of its inhabitants with respect to
power and water and the sources of water supply therein; and the
board shall relocate the boundary lines of the division or divisions
to which such territory is added accordingly. Whenever any territory
is excluded from the district, the board, by resolution, shall
relocate the boundary lines of the division or divisions within which
such territory lies so as to exclude it from such division or
divisions. No such change in a division or divisions may be made
within three months 180 days
immediately preceding a general district election, nor
shall such change work a forfeiture of office of any director. A
certified copy of such resolution, together with a map or plat
showing the boundaries of such division or divisions as relocated
thereby shall be filed with the county recorder of each county within
which any portion of the district lies.
SEC. 29. Section 22 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is repealed.
Sec. 22. The board appointed by the Governor shall also, by lot,
divide the divisions into two groups, the first group to consist of
three divisions and the second group to consist of three divisions.
Each director elected at the first general district election from the
divisions in the first group and the director elected at large from
the entire district shall serve four years or until the election and
qualification of his successor, and each director elected from
divisions constituting the second group shall serve two years or
until the election and qualification of his successor. The term of
office of each director elected after the first general district
election shall be four years or until the election and qualification
of his successor.
SEC. 30. Section 24 of the Kings River
Conservation District Act (Chapter 931 of the Statutes of
1951) is amended to read:
Sec. 24. Except as herein otherwise provided, the
provisions of the Elections Code relating to the qualifications of
voters, the manner of voting, the duties of election officers, the
canvassing of returns and all other particulars with respect to the
management of general elections so far as may be applicable shall
govern all district elections; provided, however, that to the extent
that the provisions of the Elections Code pertaining to the conduct
of local elections are inconsistent with the provisions of that code
pertaining to general elections, the provisions of the Elections Code
pertaining to local elections shall control; provided further, that
to the extent the provisions of the Uniform District Election Law are
inconsistent with the provisions of the Elections Code pertaining to
general or local elections, the provisions of the Uniform District
Election Law shall control. Consistent with the requirement
heretofore imposed by the District pursuant to Elections Code
Section 10404, the election of directors shall be held on the first
Tuesday after the first Monday in November in each even-numbered
year, and each director must be an elector and resident of the
division for which he is elected , except the director
elected at large who may be an elector and resident of any division
.
The candidate receiving the highest number of votes cast for the
office of director for a specific division shall be declared elected.
The candidates for the office of director at large
receiving the highest number of votes cast in the district shall be
declared elected.
FORM OF APPOINTMENT
The undersigned hereby appoint ________ the
following voters of Kings River Conservation
District as verification deputies to obtain
signatures to a certificate of nomination
nominating ________as a candidate for the office
of director of said district at an election to
be held in said district on the ________ day of
________ , 19___.
Name Address
________________________ ________________________
________________________ ________________________
________________________ ________________________
Dated this ________ day of ________, 19___.
___________ ___________
Residence Signature
(2) The certificate of nomination shall be
signed by not less than 25 voters of the
division from which the candidate is to be
elected, or in the event any division shall have
less than 100 voters resident therein, such
certificate shall be signed by not less than 25
percent of the voters of such division. In the
case of the director at large, the certificate
of nomination shall be signed by not less than
25 voters of the district. The certificate of
nomination may consist of one or more parts and
shall read substantially as follows:
CERTIFICATE OF NOMINATION
We, the undersigned, certify that we do hereby
join in a certificate of nomination of ________,
whose residence is at ________ , for the office of
director of Kings River Conservation District from
Division ________, (or at large) to be voted for
at the election to be held in said district on the
________ day of ________ , 19 ___, and each of us
further certifies that he is a voter residing
within said Division ________ (or said district)
and is not at this time a signer of any other
certificate nominating any other candidate for the
above-named office and that his residence and
occupation are as hereinafter stated.
Signatures Residence Occupation Date
Verification Deputy's Affidavit
State of California ) SS.
County of ________ )
I, ________, solemnly swear that I have been
appointed according to the provisions of the Kings
River Conservation District Act as a verification
deputy to secure signatures to a certificate of
nomination of ________ as a candidate for election
to the office of director of Kings River
Conservation District; that all the signatures on
this section of the certificate were made in my
presence and that to my knowledge and belief each
of the signatures is a genuine signature of the
person whose name it purports to be.
_____________________
Verification Deputy
Subscribed and sworn to before me this ________
day of ________, 19___.
___________________________________
Notary Public (or other officer)
The certificate of nomination of which this
section forms a part shall, if found insufficient,
be returned to the verification deputy at
________(address), California.
SEC. 31. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.
