SECTIONS 60430-60449 - California Statutes

WATER CODE

SECTION 60430-60449

60430. A petition may be filed with the county elections official
of the principal county in which the district is located, signed by
at least 25 percent of the voters of the district applying for
disorganization and disincorporation of the district, and briefly
stating the reasons therefor.

60431. Upon the filing of a petition the county elections official
shall examine the petition within 30 days and ascertain whether or
not the petition is signed by the requisite number of voters.

60432. When the county clerk 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 residing within the boundaries of such district, or is not so
signed, he shall certify that the same is sufficient or
insufficient, as the case may be.

60433. After an election for the disincorporation of a district
hereunder the sufficiency of such petition in any respect shall not
be subject to judicial review or be otherwise questioned.

60434. If by the certificate of the county elections official the
petition is shown to be sufficient, the county elections official of
the principal county shall present the petition to the board of
supervisors of the principal county without delay. When the petition
is presented by the county elections official, the board of
supervisors shall give notice of an election to be held in the
district for the purpose of determining whether or not the petition
shall be disincorporated and dissolved; provided, however, that in
the event the district shall have issued bonds, the board of
supervisors shall not consider the petition or take any action
hereunder until evidence shall be furnished showing the bonds to have
been fully satisfied.

60435. Said notice of election shall be published pursuant to
Section 6063 of the Government Code in a newspaper published in said
district and determined by said board most likely to give notice to
those interested in said hearing. Publication shall be complete at
least seven, but not more than 28, days prior to the date fixed for
the election. The notice shall state that the question of
disincorporating said corporation shall be submitted to the voters of
said district at the time appointed for such election, and voters
shall be invited thereby to vote upon the proposition by placing upon
their ballots the cross as provided by law after the words "for
disincorporation" or "against disincorporation."

60436. The board of supervisors shall cause a copy of said notice
to be mailed by the clerk of said board to each of the directors of
said district, within five days after the date of the first
publication thereof, and no election shall be had until proof of such
mailing is furnished by affidavit of the clerk of said board.

60437. Such election shall be held and conducted in the same manner
as the election on the organization of said district, as nearly as
practicable.

60438. Within seven days after the date of said election, the board
of supervisors shall proceed to canvass the vote cast thereat; if it
be found by the canvass of said votes that less than a majority of
the votes cast were in favor of disincorporation, said board of
supervisors shall declare the petition for disincorporation denied.

60439. In case it should appear from said canvass of said votes
that a majority of all the votes cast were in favor of
disincorporation, said board of supervisors shall make and cause to
be entered upon the records of their proceedings an order that the
petition for such disincorporation be granted, and declaring that
such water replenishment district be disincorporated; said order to
take effect at the time hereinafter provided.

60440. The board of supervisors shall in case the district is
disincorporated, forthwith cause its county elections official to
make and transmit to the Secretary of State a certified copy of the
notice of election hereinbefore provided for, and a statement of the
number of voters voting against the disincorporation.

60441. Twenty days from and after the holding of the election, in
case a majority of said votes were cast in favor of said
disincorporation, said district shall be forever disincorporated.

60442. Upon the disincorporation of any district in the manner
hereinbefore provided for, the board of supervisors shall forthwith,
after ascertaining by said canvass that the disincorporation has been
carried, determine the amount of the indebtedness of said district,
the amount of money in the treasury thereof and all indebtedness due
or coming due the said district, and the directors of said district
shall furnish the said board of supervisors with a statement showing
said amount of indebtedness, the said amount of money in the treasury
and all indebtedness due or coming due said district, and said
district shall before the expiration of 30 days turn over to the
treasurer of said county all moneys of said district in his
possession, and said county treasurer shall place said money in a
special fund to be drawn upon as hereinafter provided for.

60443. Upon the disincorporation of said district every public
officer of said district shall immediately turn over to the board of
supervisors of the principal county in which said district is
situated, all public property of every nature and description in
their possession, and including all public records and data of every
nature and description.

60444. Nothing contained in this act shall be held to relieve said
district, or the territory included within it, from any liability or
any debt contracted by said district prior to its disincorporation.

60445. All warrants for said indebtedness shall be drawn on order
of the board of supervisors of the principal county in which said
district is situated, on the fund hereinabove provided for in the
county treasury.

60446. All moneys paid into the county treasury under the
provisions of this act shall be placed in the special fund
hereinbefore provided for. If at any time after the disincorporation
of said district it shall be found that there is not sufficient money
in the treasury to the credit of the fund hereinbefore provided,
with which to pay any indebtedness of said district, said board of
supervisors shall have the power, and it shall be their duty, to levy
upon, and there shall be collected from, the property within the
territory formerly included within said district subject to taxation
for the indebtedness, a tax or taxes sufficient in amount to pay the
said indebtedness as the same shall become due; such tax or taxes,
assessments and collections shall be made in the same manner and at
the same time that other taxes of each affected county are levied and
collected, and they shall be an additional tax within said territory
for the payment of said debts.

60447. If after payment of all debts of said district there shall
remain any surplus in the hands of said county treasurer to the
credit of the fund hereinbefore mentioned, the board of supervisors
shall appropriate said surplus and declare a dividend pro rata to the
taxpayers of said district duly paid, and said taxpayers shall have
the right to have the amount of such pro rata dividends refunded to
them on demand, and the said board of supervisors shall refund such
pro rata to said taxpayers and each thereof.

60448. The board of supervisors of the principal county in which
any such district has been disincorporated, shall have the power and
it shall be the duty of said board, if the board of directors of such
district shall fail or refuse to return to said board the statement
of said amounts as hereinbefore in this act provided, to ascertain
the indebtedness, other than the bonded indebtedness, of said
district at the time of its disincorporation, the amount of money in
its treasury and the amount due it at the said time; said board of
supervisors shall make provision for the collection of the amounts
due to said district, for the closing up of its affairs, and any act
or acts necessary for said purposes not otherwise herein provided
for, shall upon the order of said board of supervisors directing the
same, be as fully done and performed and with as full effect as if
the same had been performed by the proper officers of said district
before disincorporation, and said county shall succeed to and possess
all the right of said district in and to said indebtedness, and
shall have the power to sue for or otherwise collect any such debts
in the name of said county, and all costs and expenses of
ascertaining the facts hereinbefore mentioned, and all other costs
and expenses incurred by the board of supervisors in the execution of
the orders and duties of said board of supervisors provided for in
this act, shall be paid out of the special fund in this act provided
for.

60449. It is the intent of the Legislature that no district shall
be disincorporated until all bonded indebtedness shall have been
fully paid, and by the word "indebtedness" as used herein is meant
all indebtedness other than said bonded indebtedness unless the
latter is expressly used.