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Section 38745 Of Article 5. Water From California Government Code >> Division 3. >> Title 4. >> Part 2. >> Chapter 10. >> Article 5.
38745
. Notwithstanding any other provision of law, the city council
of a city may, by resolution, establish zones or areas of benefit
within the city for purposes of restricting the imposition of the
water service standby or immediate availability charges authorized in
Section 38743 to lands within such zones according to the benefit
such land derives from the immediate availability of water, whether
such water is actually used or not.
Proceedings for establishment of such zones or areas of benefit by
resolution of the city council shall be initiated, conducted and
completed as follows:
(a) Such resolution shall:
(1) State that a zone or area of benefit within the city is proposed to be established for the purposes enumerated in this section, and describe the boundaries of the territory proposed for inclusion in the area.
(2) State the name proposed for the area in substantially the following form: "Water Service Zone (or Area of Benefit) No. ____."
(3) State the type or types of services already provided or proposed to be provided within the area pursuant to this section.
(4) Fix a time and place for a public hearing on the establishment of the area which shall be not less than 30 nor more than 60 days after the adoption of the resolution.
(b) The city council shall publish notice of the hearing in a newspaper of general circulation published in the city or if there is no newspaper published in the city then it shall be published in a newspaper of general circulation which is circulated in the area. Publication shall be complete at least seven days prior to the date of the hearing. The notice shall:
(1) Contain the text of the resolution.
(2) State the time and place for the hearing.
(3) State that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the area, the extent of the area or the furnishing of specified types of extended services will be heard.
(c) At the hearing protests against the establishment of the area, the extent of the area or the furnishing of specified types of services within the area may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. All written protests must be filed in the office of the city council on or before the time fixed for the hearing. The city council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing.
(a) Such resolution shall:
(1) State that a zone or area of benefit within the city is proposed to be established for the purposes enumerated in this section, and describe the boundaries of the territory proposed for inclusion in the area.
(2) State the name proposed for the area in substantially the following form: "Water Service Zone (or Area of Benefit) No. ____."
(3) State the type or types of services already provided or proposed to be provided within the area pursuant to this section.
(4) Fix a time and place for a public hearing on the establishment of the area which shall be not less than 30 nor more than 60 days after the adoption of the resolution.
(b) The city council shall publish notice of the hearing in a newspaper of general circulation published in the city or if there is no newspaper published in the city then it shall be published in a newspaper of general circulation which is circulated in the area. Publication shall be complete at least seven days prior to the date of the hearing. The notice shall:
(1) Contain the text of the resolution.
(2) State the time and place for the hearing.
(3) State that at the hearing the testimony of all interested persons or taxpayers for or against the establishment of the area, the extent of the area or the furnishing of specified types of extended services will be heard.
(c) At the hearing protests against the establishment of the area, the extent of the area or the furnishing of specified types of services within the area may be made orally or in writing by any interested persons or taxpayers. Any protests pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. All written protests must be filed in the office of the city council on or before the time fixed for the hearing. The city council may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. Written protests may be withdrawn in writing at any time before the conclusion of the hearing.
