SECTIONS 60400-60417 - California Statutes

WATER CODE

SECTION 60400-60417

60400. Territory included within any district may be excluded from
such district and the parcels so to be excluded need not be
contiguous one with the other.

60401. A petition, which may consist of any number of separate
instruments, shall be filed with the secretary of the district,
signed by voters residing within the boundaries of the area proposed
to be excluded equal in number to at least ten (10) per centum of the
number of such voters voting for all candidates for the Office of
Governor of this State at the last general election prior to the
filing of such petition.

60402. Such petition shall set forth and describe the boundaries of
the area proposed to be excluded, shall state the reason for
proposing such exclusion, and shall contain a prayer that such area
be excluded from the district.

60403. Within ten (10) days of the date of the filing of such
petition the secretary of the district shall examine the same and
ascertain whether or not such petition is signed by the requisite
number of voters.

60404. When the secretary of the district has completed his
examination of the petition, he shall attach to the same his
certificate, properly dated, showing the result of such examination;
and if from such examination he shall find that said petition is
signed by the requisite number of voters, or is not so signed, he
shall certify that the same is sufficient or insufficient, as the
case may be.

60405. If, by the certificate of the secretary of the district, the
petition is found to be insufficient, he shall also certify to the
number of voters required to make such petition sufficient, and it
may be amended by filing a supplemental petition or petitions within
ten (10) days of the date of such certificate. The secretary of the
district shall, within ten (10) days after the filing of such
supplemental petition or petitions, make like examination of the same
and certify to the result of such examination as hereinbefore
provided.

60406. If any supplemental petition be filed, all the signatures
appended to the petition or to the supplemental petition or petitions
shall be considered in determining the number of voters signing the
petition.

60407. If his certificate shall show any such petition, or such
petition as amended, to be insufficient, it shall be filed by him
with the board of the district and kept as a public record, without
prejudice, however, to the filing of a new petition to the same
effect, but if, by the certificate of the secretary, such petition,
or petition as amended, is shown to be sufficient, the secretary
shall present the same to the board without delay.

60408. The text of such petition and a notice stating the time of
the meeting at which the same will be presented shall be published in
the district pursuant to Section 6066 of the Government Code. When
contained upon more than one instrument, one copy only of such
petition need be published. No more than five of the names attached
to the petition need appear in such publication of the petition and
notice, but the number of signers shall be stated. Publication shall
be complete at least seven, but not more than 28, days before the
time at which the petition is to be presented to the board.

60409. After an election for the exclusion of such area from the
district the sufficiency of such petition in any respect shall not be
subject to judicial review or be otherwise questioned.

60410. The board of any district, by resolution, may initiate
proceedings for the exclusion of territory from such district. Such
resolution shall describe the boundaries of the area proposed to be
excluded, shall state that neither the persons nor property within
the area proposed to be excluded benefit directly or indirectly from
the use of or right to use the ground water supplies within the
district and the replenishment thereof, shall require all persons
interested in the proposed exclusion to appear before the board and
be heard as to why said area should not be so excluded, shall fix the
time of the meeting of the board at which the persons so interested
will be heard, and shall direct the secretary of the district to give
notice thereof. The secretary thereupon shall cause the text of said
resolution and a notice of the time and place of said hearing to be
published in the district pursuant to Section 6066 of the Government
Code. Publication shall be complete at least seven, but not more than
28, days before the time so fixed for the hearing.

60411. After an election for the exclusion of such area from the
district the sufficiency of such resolution shall not be subject to
judicial review or be otherwise questioned.

60412. If the proceedings for exclusion have been initiated by
petition, such petition may be granted by ordinance of the board of
directors of such district. If such proceedings have been initiated
by resolution, the board shall hear all persons interested in the
proposed exclusion who appear at the hearing, which may be adjourned
from time to time, and after the conclusion of the hearing, the board
may determine by ordinance that such area should be excluded from
the district. No petition for exclusion may be granted and no
ordinance of exclusion adopted by the board if such proceedings have
been initiated by resolution unless and until the board finds that
neither the persons nor property within the area proposed to be
excluded benefit directly or indirectly from the use of or right to
use the ground water supplies within the district and the
replenishment thereof.

60413. If such petition is granted, or if such determination is
made, the proposition of such exclusion shall be submitted to the
vote of the voters within the area proposed to be excluded, at an
election called by the board and held, as herein provided, within 70
days after the effective date of such ordinance.

60414. Notice of such election shall be published in the district
pursuant to Section 6063 of the Government Code. Publication shall be
complete at least seven, but not more than 28, days prior to the
date fixed for such election. Such notice shall describe the
boundaries of the area so proposed to be excluded and shall deignate
such area by some appropriate name, or other words of identification,
by which such area may be referred to and indicated upon the ballot
to be used at any election at which the question of such exclusion is
submitted, as in this act provided. The measure so submitted at such
election shall be stated on the ballot substantially as follows:
"Shall ____ (giving the name or other designation of the area
proposed to be excluded, as stated in the notice of election) be
excluded from ____ (name of water replenishment district) " At the
right of such proposition there shall be printed the words "yes" and
"no" with voting squares.

60415. The board shall canvass the votes cast at such election and,
if the proposition is approved by a majority of the voters voting
thereon at such election, the president and secretary of the board of
directors shall certify that fact to the Secretary of State and
shall record a certificate stating that such proposition was adopted
with the county recorder of each affected county in which the
district is located.

60416. Upon receipt of such last-mentioned certificate, the
Secretary of State shall, within 10 days, issue his certificate
reciting the passage of said ordinance and the exclusion of said area
from the district. A copy of said certificate shall be transmitted
to, and filed with, the county clerk of each affected county in which
such district is situated.

60417. From and after the date of such certificate, the area named
therein shall be deemed excluded from, and shall no longer form a
part of, said district, but the taxable property within such excluded
area shall continue taxable by such district for the purpose of
paying the bonded or other indebtedness of such district outstanding
or contracted for at the time of such exclusion and until such bonded
or other indebtedness shall have been satisfied, to the same extent
that such property would be taxable for such purpose if such
exclusion had not occurred.