SECTIONS 35040-35060 - California Statutes

WATER CODE

SECTION 35040-35060

35040. The voting procedure within a district shall be changed from
that of a landowner voting district to that of a resident voting
district at such time as the board of directors shall determine by a
resolution adopted in conformity with the provisions of this article.

35041. Between January 1 and March 30 of each year, the secretary
of the district shall inspect the assessable area within the
district. At such time as at least 50 percent of the assessable area
within the district is devoted to and developed for residential,
industrial, or nonagricultural commercial use, or any combination
thereof, such fact shall be certified to the board of directors by
the secretary of the district. Any time after such certification the
registered voters residing within the district may petition for a
change in the voting procedure from a landowner voting district to a
resident voting district.

35042. The petition shall be signed by not less than 25 percent of
the registered voters who reside within the district, but shall
contain a minimum of 25 signatures.

35043. The petition shall be substantially in the following form:

The secretary of the ____ Water District having heretofore
certified to the board of directors of the district that at least 50
percent of the assessable area within the district is devoted to and
developed for residential, industrial, or nonagricultural commercial
use, or any combination thereof, the undersigned voters who reside
within the boundaries of ____ Water District hereby petition the
board of directors thereof to hold all elections on the basis of
resident voting district, rather than a landowner voting district.

Date Signature Address
____________ ___________________ _________________
____________ ___________________ _________________
____________ ___________________ _________________

35044. Duplicate copies of the petition form shall constitute one
petition when filed. If the district is in more than one county,
signatures shall be obtained on separate copies of the petition in
each county so that such petitions shall contain the signature only
of residents of the county in which the copy was circulated.

35045. Each petition shall be signed and dated by registered voters
who reside within the district and shall show their residence
address.

35046. Each page of the petition which contains the signature of
one or more registered voters shall show thereon the affidavit of the
circulator in the following form:
The undersigned circulator of the above petition hereby declares
under penalty of perjury that the circulator of this petition was
over the age of 18 years, and that the signatures hereon are the
signatures of the persons named and were signed in the presence of
the circulator.

35047. All signatures on the petition shall be obtained within the
six-month period immediately preceding the filing thereof.

35048. The petition shall be filed with the county elections
official of the principal county at least six months prior to the
date of the next general district election.

35049. The signatures to the petition shall be verified as follows:
(a) If the district is wholly in one county, the county elections
official shall examine the signatures and from the records of
registration ascertain whether or not the petition is signed by the
requisite number of registered voters.
(b) If the district is situated in more than one county, each
county elections official shall examine that portion of the petition
bearing signatures obtained in that county and from the records of
registration ascertain the number of signatures of registered voters
in that portion of the district lying in that county. The county
elections official of a county other than the principal county shall
prepare a certificate, and file the same with the county elections
official of the principal county, showing the number of valid
signatures of registered voters in that county who signed the
petition, and shall also show the total number of registered voters
in that county within the district on the date of filing the
petition.
(c) The county elections official of the principal county shall
attach to the petition a certificate showing the total number of
valid signatures thereon, and the total number of registered voters
within the district as of the date of filing the petition.

35050. If the number of signatures is not sufficient, a
supplemental petition, in the form of a duplicate petition, but
bearing additional signatures, may be filed with the county elections
official of the principal county within 10 days from the date on
which the county elections official of the principal county certified
the results of the examination. The supplemental petition shall be
verified in the same manner as the original petition. If the
signatures on the petition are still insufficient, no action shall be
taken thereon. The petition shall remain on file as a public record
and failure to secure sufficient signatures shall not prejudice the
later filing of an entirely new petition.

35051. If the petition contains at least 25 valid signatures and if
the total number of valid signatures on the petition constitutes 25
percent or more of the registered voters within the district as of
the date of filing the petition, the county elections official of the
principal county shall prepare a certificate to that effect, attach
the same to the petition, and deliver, by mail or personal delivery,
the petition and the certificate to the secretary of the district.

35052. At the next regular meeting following the delivery by the
county elections official of the petition and the certificate to the
secretary of the district, the board of directors shall adopt a
resolution reciting the delivery of the petition and certificate and
specifying that all future elections in the district shall be
conducted as a resident voting district, rather than a landowner
voting district.

35053. The secretary of the district shall file with the county
elections official of each county in which any portion of the
district is located, a certified copy of the resolution. The
secretary shall cause a copy of the resolution to be published once a
week for three successive weeks in a newspaper of general
circulation used for the publication of district notices.

35054. After adoption of the resolution by the board of directors,
all elections within the district for elective offices, bonds, or
other purposes shall be conducted under laws relating to resident
voting districts and all provisions of this article shall prevail
over any contrary provisions in this division relating to landowner
voting districts.

35055. All directors thereafter elected shall be residents of the
district, and shall be registered voters at the time of their
election and during their term of office. Such directors need not be
landowners.

35056. (a) After the establishment of a resident voting district,
the provisions set forth in Article 2 (commencing with Section 35025)
of this chapter are no longer applicable. The board of directors may
at any time establish divisions within the district.
(b) Notwithstanding any other provision of law, subdivision (c)
applies to districts in which directors are elected by divisions.
(c) 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.

35057. At the first election of directors following the adoption of
the resolution by the board establishing a resident voting district,
the number of directors to be elected shall correspond with the
number of directors whose terms expire. The directors whose terms
have not expired shall serve their unexpired terms under the
qualifications to hold office that existed prior to the adoption of
the resolution establishing a resident voting district. In such first
election and in all subsequent elections, the form of the ballot and
the conduct of the election shall be governed by the Uniform
District Election Law for resident voting districts.

35058. The adoption, in accordance with the provisions of this
article, of a resolution changing the method of voting shall in no
way invalidate any act of the district, its directors, officers, and
employees, made or performed while the district was operating as a
landowner voting district.

35059. Any bonds of the district, authorized or issued in any
manner provided by law, and any proceedings taken by the district in
connection therewith, prior to the adoption of the resolution
changing the method of voting, shall not be affected by such
resolution, and the bonds shall continue to be legally authorized or
issued bonds. Bonds of the district to which this section is
applicable shall include, but not be limited to, any of the
following:
(a) Bonds authorized pursuant to Chapter 3 (commencing with
Section 35150) of this part.
(b) Bonds authorized on behalf of an improvement district pursuant
to Chapter 4.9 (commencing with Section 36410) of Part 6 of this
division.
(c) Bonds authorized pursuant to Chapter 3.5 (commencing with
Section 36250) of Part 6 of this division.
(d) Bonds, including additional bonds, authorized pursuant to
Chapter 2 (commencing with Section 35950) of Part 6 of this division.

35060. After establishment of a resident voting district, the
provisions of Sections 35305 and 35306 shall no longer be applicable.
The board of directors may at any time alter, repeal, or amend the
bylaws by a majority vote. Any alteration, repeal, or amendment to
the bylaws shall be recorded with the county recorder of each
affected county.