PART 10. CHANGES IN ORGANIZATION [48000. - 48401.]
Part 10 added by Stats. 1951, Ch. 391.
§§ 48000–48401 · 51 sections
CHAPTER 1. Exclusion §§ 48000–48087 · 23 sections
ARTICLE 1. Petition and Notice §§ 48000–48004 · 5 sections
- § 48000 The holder or holders of title to one or more tracts of land which constitute a portion of a district may jointly or severally file with the board a petition,…
- § 48001 The petition shall state the grounds and reasons upon which it is claimed that the land should be excluded and shall describe the boundaries thereof, and also…
- § 48002 The petition shall be acknowledged, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of a conveyance of real…
- § 48003 The board shall cause a notice of the filing of the petition to be published once a week for two successive weeks in some newspaper published in the office…
- § 48004 The notice shall state all of the following: (a) The filing of the petition. (b) The names of the petitioners. (c) A description of the land mentioned in the…
ARTICLE 2. Hearing and Order §§ 48025–48031 · 7 sections
- § 48025 At the time and place provided in the notice of hearing on the exclusion petition published pursuant to Article 1 of this chapter, or at the time to which the…
- § 48026 The failure of any person interested in the district, other than the holders of bonds thereof outstanding at the time of the filing of the petition with the…
- § 48027 The filing of the petition with the board constitutes an assent by each and all of the petitioners to the exclusion from the district of the land mentioned in…
- § 48028 The expenses of giving the notice provided for in Article 1 of this chapter and of the hearing on the exclusion petition shall be paid by the persons filing…
- § 48029 Upon the hearing of an exclusion petition the board shall order that the petition be denied: (a) Entirely when no evidence in support of the petition is…
- § 48030 The board, after the hearing of any exclusion petition, shall order the exclusion of all or any part of the land described in it when as to the land to be…
- § 48031 No exclusion of land from any district impairs its existence, its rights, including those in or to property, or its obligations.
ARTICLE 3. Bondholders’ Assent to Exclusion §§ 48055–48057 · 3 sections
- § 48055 If there are outstanding bonds of the district at the time of the filing of the exclusion petition, the holders of the outstanding bonds may give their assent,…
- § 48056 The assent shall be acknowledged by the several holders of the bonds, and the acknowledgment shall have the same force and effect as evidence as the…
- § 48057 The assent shall be filed with the board and be recorded in its minutes. The minutes, or a copy thereof, certified by the board, shall be admissible in…
ARTICLE 4. Liability of Excluded Land §§ 48080–48087 · 8 sections
- § 48080 In the event the board excludes any land from the district upon petition therefor, the board shall make an entry in its minutes describing the boundaries of…
- § 48081 A certified copy of the entry in the minutes of the board excluding any land shall be filed for record in the recorder’s office of each affected county.
- § 48082 Notwithstanding the exclusion of land, the district remains a district as fully to every intent and purpose as it would be had no change been made in its…
- § 48083 In case land is excluded from any district, the board may, not less than 60 days before any election in the district, re-establish the boundaries of the…
- § 48084 Nothing in this division shall operate to release any of the land excluded from the district from any obligation to pay, or any lien thereon of any valid…
- § 48085 All provisions which might be resorted to to compel the payment by the land of its quota or portion of outstanding district obligations, had the exclusion…
- § 48086 The land excluded shall not be held answerable or chargeable for any obligation incurred after the exclusion of the land from the district.
- § 48087 The provisions of this article shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the land from the district, as…
CHAPTER 2. Inclusion §§ 48200–48260 · 24 sections
ARTICLE 1. Petition and Notice §§ 48200–48205 · 6 sections
- § 48200 The holders of title representing one-half or more of any body of land within the same watershed as an existing district may file with the board a written…
- § 48201 The petition shall describe the boundaries of the parcel or tract of land and the boundaries of the several parcels owned by the petitioners, if the…
- § 48202 The petition shall be acknowledged, and shall contain the assent of the petitioners to the inclusion within the district of the land described in the petition…
- § 48203 The board shall cause a notice of the filing of the petition to be published in the same manner and for the same time that notices of special elections for the…
- § 48204 The notice shall state all the following: (a) The filing of the petition and the names of the petitioners. (b) A description of the land mentioned in the…
- § 48205 The petitioners shall advance to the board sufficient money to pay the estimated costs of all proceedings upon the petition.
ARTICLE 2. Hearing and Order §§ 48225–48231 · 7 sections
- § 48225 At the time and place mentioned in the notice of filing of the inclusion petition, or at such other time or times to which the hearing of the inclusion…
- § 48226 The failure of any interested person to show cause in writing as provided in this article shall be an assent on his part to a change of the boundaries of the…
- § 48227 The board shall order the boundaries of the district changed so as to include the land described in the inclusion petition, or such portion thereof as the…
- § 48228 The order of the board shall describe the boundaries as changed, and shall also describe the entire boundaries of the district as they will be after the change…
- § 48229 A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county in which land to be included is situated.…
- § 48230 If the board determines that it is not feasible and practicable to serve any of the land described in the petition or that it is not for the best interest of…
- § 48231 No inclusion of land into any district impairs its existence, its rights, including those in or to property, or its obligations.
ARTICLE 3. Inclusion Elections §§ 48250–48260 · 11 sections
- § 48250 If upon the inclusion hearing the board concludes that it is feasible to serve the land, or a portion thereof, described in the inclusion petition, and that it…
- § 48251 Upon the making of a finding by the board as provided in Section 48250, it shall order that an inclusion election be held within the district to determine…
- § 48252 The board shall fix the time at which the election shall be held and cause notice thereof to be published.
- § 48253 The notice shall be published and the election shall be held and conducted, returns thereof shall be made and canvassed, and the result of the election…
- § 48254 The notice of election shall state that the election is for the purpose of determining whether certain land, describing its boundaries, shall or shall not be…
- § 48255 To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets.
- § 48256 If at the election a majority of all the votes cast are against the change of the boundaries of the district, the petition is denied.
- § 48257 If a majority of the votes are in favor of the change of boundaries, the board shall make its order, as provided in Article 2 of this chapter, that the…
- § 48258 A certified copy of the inclusion order shall be recorded in the office of the county recorder of each county wherein land to be included is situated.…
- § 48259 In case land is included within any district as provided in this chapter, the board shall re-establish the boundaries of the divisions within the district so…
- § 48260 The board shall also re-establish the boundaries of the election precincts within the district, except that in the case of the inclusion of any land within…
CHAPTER 2.5. Notification of Secretary of State of Exclusion or Inclusion § 48300 · 1 section
- § 48300 Whenever land is excluded from the district or land is included in the district pursuant to this part, the board shall file a certificate with the Secretary of…
CHAPTER 2.6. Consolidation § 48350 · 1 section
- § 48350 A district may be consolidated in the same manner as is provided for the consolidation of county water districts in Chapter 3 (commencing with Section 32650)…
CHAPTER 3. Dissolution §§ 48400–48401 · 2 sections