Article 2. Inclusion Of Cities of California Water Code >> Division 20. >> Part 2. >> Chapter 2. >> Article 2.
As used in this article, "territory of a city" means the
corporate area of the city and all territory as to which proceedings
for annexation to the city have been commenced by a valid petition
filed with the governing body of the city.
Except as otherwise provided in this article, if an
application includes any portion of a city, the entire territory of
the city, at the time of filing the application, shall be included
within the boundaries of the proposed district.
If an application includes any territory within the
boundaries of a proposed city for which a valid petition for
incorporation has been filed with the board of supervisors of the
affected county, the entire area of the proposed city, at the time of
filing the application, shall be included within the boundaries of
the proposed district.
If an application is filed, and proceedings for the
formation of the district are commenced and prosecuted, in the manner
and within the time specified by this part, the inclusion within the
boundaries of the proposed district of any city to which territory
is annexed, pursuant to proceedings which were not commenced by the
filing of a valid petition prior to the approval of the application,
shall not prevent or invalidate the formation of the district even
though the territory annexed to the city pursuant to the annexation
proceedings is not included in the district.
If an application is filed, and proceedings for the
formation of the district are commenced and prosecuted, in the manner
and within the time specified by this part, the inclusion within the
boundaries of the proposed district of territory formed into a new
city or annexed to an existing city, pursuant to proceedings which
were not commenced by the filing of a valid petition prior to the
approval of the application, shall not prevent or invalidate the
formation of the district even though the remainder of the corporate
area of the city is not included in the district.
The inclusion within the boundaries of a proposed district
of territory formed into a new city or annexed to an existing city,
pursuant to proceedings which were not commenced by the filing of a
valid petition prior to the filing of the formation petition, shall
not prevent or invalidate the formation of the district even though
the remainder of the corporate area of the city is not included in
the district.
Notwithstanding any other provision of this article, if,
prior to the filing of a formation petition, any portion of the
corporate area of a city is included within an existing municipal
water district, a district may be formed pursuant to this division to
include the remainder of the corporate area of the city.
If, subsequent to the approval of an application which
includes a portion of the corporate area of a city, but prior to the
filing of the formation petition, such portion of the corporate area
of the city is included within an existing municipal water district
so that the entire corporate area of the city is included within such
existing district, such portion of the corporate area of the city
shall be omitted from the formation petition. Such omission shall not
invalidate the approval of the application as to the remaining area
of the proposed district.
If, subsequent to the approval of an application of
intention, but prior to circulating the formation petition, a valid
petition is filed with, or a resolution is adopted by, the governing
body of a city, the corporate area of which is included in a
metropolitan water district organized under the Metropolitan Water
District Act, to initiate formal proceedings for the annexation to
the city of territory within the proposed municipal water district,
in a manner which would result in automatic annexation to the
metropolitan water district of the territory annexed to the city, the
proponents of the formation of the municipal water district may omit
from the proposed municipal water district all territory included in
the petition or resolution for annexation. If such territory is
omitted, no part of the city shall be included within the proposed
municipal water district.