SECTIONS 98397-98399 - California Statutes

PUBLIC UTILITIES CODE

SECTION 98397-98399

98397. Territory within the district may be excluded from the
district in the manner provided in this chapter. Proceedings for the
exclusion of such territory may be initiated by the filing of a
petition with the board of supervisors signed by not less than 10
percent of the registered voters in the territory proposed to be
excluded. The petition shall:
(a) Describe the boundaries of the territory to be excluded.
(b) Declare that the area to be excluded from the district is not
benefited by remaining in the district.
(c) Request exclusion of the territory.

98398. After the petition is filed with the board of supervisors,
the board of supervisors shall determine whether the petition is
signed by a sufficient number of voters and if the petition is
sufficient, the board of supervisors shall refer the question to the
local agency formation commission, which shall hold a hearing on the
question.
The notice shall contain the following:
(a) That a petition for exclusion has been filed with the board of
supervisors.
(b) That a public hearing will be held upon the said petition and
the proposed exclusion by the local agency formation commission,
stating the time and place of such public hearing.
(c) That any interested person may appear and be heard at said
public hearing.
(d) Describe the boundaries of the territory proposed to be
excluded.

98399. On the day fixed for the hearing, or any day to which the
hearing may be adjourned, the local agency formation commission shall
hear persons interested, and shall hear and consider any objections
to the proposed exclusion. After the hearing, if it should be
determined by a majority of all of the members on the local agency
formation commission that the territory proposed to be excluded will
not be benefited by remaining in the district, the commission shall
recommend to the board of supervisors that the said territory be
excluded. The exclusion shall be effective immediately upon
resolution by the board of supervisors, provided, however, that the
excluded territory shall not be relieved by such exclusion from
liability for taxation for the payment of any bonded indebtedness
existing at the time of the exclusion. Notice of the exclusion shall
be given pursuant to Government Code Sections 54900 et seq.