State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 9330-9345

WATER CODE
SECTION 9330-9345



9330.  Upon the expiration of the 30-day period mentioned in Chapter
4 of this part, an election shall be called and held by the board in
that part of the drainage district affected by the assessment or the
issuance of bonds, to determine whether the money necessary to pay
the cost of the works and other expenses to be paid out of the
assessment shall be raised by calls to be made upon the assessment in
such installments as may from time to time be determined by the
board, or whether bonds of the drainage district shall be issued in
an amount equal to the amount of the assessment then remaining
unpaid.


9331.  The unpaid amount shall be entered by the board in its
records and stated by the board in its order for the election and the
order for the election shall be entered upon the minutes of the
board.


9332.  At the election the owner of each tract of land assessed in
and by the assessment, upon which the assessment has not been paid as
provided in Chapter 4 of this part, may, in person or by proxy, cast
one vote for each one cent ($0.01) of the amount for which the tract
is assessed by the assessment.


9333.  In case there is more than one owner of any tract of land
separately assessed in and by the assessment, all of the owners shall
unite in the ballot to be cast at the election for and on behalf of
the tract, or shall authorize one or more of their number or some
other person to cast the vote for them by proxy.



9334.  Guardians, conservators, executors, administrators and other
persons holding land in a trust capacity under appointment of court
may vote at the election without obtaining special authority
therefor.


9335.  The vote of any public or private corporation or of any
reclamation district, levee district, drainage district or other
public agency entitled to vote at the election, may be cast by any
person authorized by the board of directors or trustees or other
managing body thereof.



9336.  The authorization shall be in writing and certified to by the
secretary or clerk of the district or public agency and attested by
its seal duly acknowledged and filed with the board of election.



9337.  No person shall vote by proxy at the election unless
authority to vote is evidenced by an instrument in writing duly
executed, acknowledged and certified in the same manner as grants of
real property and filed with the board of election.




9338.  In case of change of ownership of any tract of land, or in
case the name of the owner of any tract of land is not correctly
stated in the voting list, or in case the land is assessed to unknown
owners, the right to vote shall belong to the owner of the land at
the time of the holding of the election.



9339.  If the right of any person to vote as the owner of any such
tract of land is disputed or challenged, the question of his right to
vote shall be determined by the board of election after examining
him under oath.


9340.  The oath may be administered by any member of the board of
election.


9341.  Any person testifying falsely upon such examination is guilty
of perjury.



9342.  Any person voting or attempting to vote at the election who
is not entitled to vote at it, as provided in this part, is subject
to the same penalties and punishments as provided by the general
election laws of this State, for voting or attempting to vote
illegally.



9343.  For the purpose of determining the "reference number" of each
tract separately assessed upon the assessment lists, the board
shall, before preparing the voting lists, cause each tract of land
separately assessed upon the assessment lists, unless already done,
to be given a separate number designated as the "reference number" of
the tract. The reference numbers shall be entered upon the
assessment lists opposite the several tracts separately assessed.



9344.  If the result of the election provided for in this chapter is
against the issuance of bonds, then the assessment, or that portion
thereof involved in and affected by the election shall be ordered
paid and collected in such installments and as often as may in the
judgment of the board be necessary for the purpose for which the
assessment was originally levied as provided in Part 5 of this
division.



9345.  All subsequent proceedings in regard to the assessment shall
be conducted as provided in Part 4 of this division and without any
further reference to the provisions of this part.