SECTIONS 35240-35249 - California Statutes

WATER CODE

SECTION 35240-35249

35240. This chapter shall apply only to the Santa Margarita Water
District. For purposes of this chapter, "district" means the Santa
Margarita Water District.

35241. Notwithstanding any other provision of law, or the bylaws of
the district, all elections within the district, including elections
for director and elections that are required by law to authorize any
special taxes or bonded indebtedness, shall be conducted as resident
voter elections in accordance with this chapter. Nothing in this
chapter shall be construed to require resident voter approval of
bonds where voter approval is not required under the statutory or
constitutional provisions in effect prior to January 1, 1994.

35242. Qualified voters within the district shall be residents of,
and registered voters in, the district.

35243. All directors elected after January 1, 1994, shall be
residents of the district and shall be registered at the time of
their election and during their term of office.

35244. Directors of the district shall be elected on an at-large
basis unless the board of directors determines that directors shall
be elected by divisions. The term "by divisions" as used in this
chapter means the election of directors by voters of the division
alone.

35245. Notwithstanding any other provision of law, the board of
directors may at any time establish divisions within the district in
accordance with the provisions of this chapter. If the board of
directors decides to establish divisions, all of the following shall
apply:
(a) The board of directors shall, by resolution, divide the
district into as many divisions as there are directors and assign a
number to each division. Divisions shall be as nearly equal in
population as practicable.
(b) After approving the election of directors by divisions, the
board of directors shall, by resolution, not less than 120 days prior
to the next general district election, designate which divisions
shall elect directors at that election to succeed the directors whose
terms then expire. The remaining divisions shall elect directors at
the general district election next following that election.
(c) Each director elected by division shall be a resident of that
division.
(d) The board of directors may, by resolution, at any time after
initially dividing the district into divisions, but not less than 120
days before a general district election, change the boundaries of
the divisions to keep them as nearly equal in population as
practicable.

35246. (a) At the first general district election following January
1, 1996, all directors shall be elected. The terms of office of
those directors who are in office on January 1, 1996, shall be
shortened and shall expire upon the election and qualification of
their successors at that first general district election described in
this subdivision. In that first district election and in all
subsequent elections, except as specified in subdivision (b), the
form of the ballot and the conduct of the election shall be governed
by the Uniform District Election Law (Part 4 (commencing with Section
10500) of Division 10 of the Elections Code) for resident voting
elections.
(b) Notwithstanding Section 1304 of the Elections Code, the
general district election shall be held on the first Tuesday after
the first Monday in November of every even-numbered year to choose a
successor for each director whose term of office will expire on the
following first Friday in December, and shall be consolidated with
the statewide general election in accordance with Part 3 (commencing
with Section 10400) of Division 10 of the Elections Code.
(c) Those directors whose four-year terms of office would, prior
to the amendment of this section during the 1995-96 session of the
Legislature, have expired on the first Friday in December of 1995
shall, instead, continue in their offices until not later than the
fourth Tuesday after the day of the general district election held in
1996 pursuant to this section.
(d) Immediately following the general district election described
in subdivision (a), the directors so elected at that election shall
determine by lot as to those two directors who shall serve two-year
terms and as to the three directors who shall serve four-year terms.
Except as provided in this subdivision, all directors shall serve
four-year terms.

35247. This chapter does not in any way invalidate any act of the
district, its directors, or its officers and employees made or
performed while the district was operating as a landowner voting
district.

35248. This chapter does not affect any acts or proceedings
heretofore taken for the authorization, issuance, or sale of any
bonds of the district in any manner provided by law prior to January
1, 1994, or affect the ability of the district to sell and issue any
bond heretofore authorized. For the purposes of this chapter, "bonds"
includes notes and any other evidences of indebtedness.

35249. Notwithstanding any other provision of law, the board of
directors may at any time alter, repeal, or amend the district's
bylaws by a majority vote. Any alteration, repeal, or amendment to
the bylaws shall be recorded with the county recorder of each
affected county.