PART 10. CHANGES IN ORGANIZATION [75750. - 76061.]
Part 10 added by Stats. 1965, Ch. 75.
§§ 75750–76061 · 96 sections
CHAPTER 1. Exclusion §§ 75750–75835 · 25 sections
ARTICLE 1. In General §§ 75750–75751 · 2 sections
- § 75750 The boundaries of a district may be changed and tracts of land may be excluded therefrom, in the manner prescribed in this chapter. Neither such change of the…
- § 75751 A guardian, executor, or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or…
ARTICLE 2. Petition and Notice §§ 75760–75764 · 5 sections
- § 75760 The owner or owners in fee of one or more tracts of land which constitute a portion of a district and which severally or in their entirety are contiguous to…
- § 75761 The petition for exclusion of lands shall state the grounds and reasons upon which it is claimed that the lands should be excluded. The petition shall describe…
- § 75762 The petition for exclusion of lands shall be acknowledged in the manner and form as is required in the case of conveyance of land, and the acknowledgment shall…
- § 75763 The secretary shall cause a notice of the filing of the petition for exclusion of lands to be published for at least once a week for two weeks in some…
- § 75764 The notice of the filing of the petition for exclusion of lands shall state the filing of the petition, the names of the petitioners, a description of the…
ARTICLE 3. Hearing and Order §§ 75780–75784 · 5 sections
- § 75780 The board, at the time and place mentioned in the notice of the filing of the petition for exclusion of lands, or at the time or times to which the hearing of…
- § 75781 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 for…
- § 75782 The expenses of giving the notice of the filing of the petition for exclusion of lands and of the proceedings on the petition shall be paid by the person or…
- § 75783 If, upon the hearing of the petition for exclusion of lands, no evidence or proofs in support thereof are introduced, or if the evidence fails to sustain the…
- § 75784 If the board deems it for the best interest of the district that the lands mentioned in the petition for exclusion of lands, or some portion thereof, be…
ARTICLE 4. Recordation of Change of Boundaries and Filing of Certificate §§ 75800–75802 · 3 sections
- § 75800 If the board excludes any lands from the district, it shall make an entry in the minutes of the board describing the boundaries of the district, if the…
- § 75801 A certified copy of the entry in the minutes of the board excluding any land, certified by the president and secretary, shall be filed for record in the…
- § 75802 Upon exclusion of land from the district, the board shall file a certificate with the Secretary of State stating: (a) The name of the district. (b) The…
ARTICLE 5. Bondholders’ Assent to Exclusion §§ 75810–75813 · 4 sections
- § 75810 If there are outstanding bonds of the district at the time of the filing of the petition for exclusion of lands, the holders of such outstanding bonds may give…
- § 75811 The assent shall be acknowledged by the several holders of the outstanding bonds in the same manner and form as is required in case of a conveyance of land,…
- § 75812 The assent shall be filed with the board, and shall be recorded in the minutes of the board; and such minutes, or a copy thereof, certified by the secretary,…
- § 75813 If the holders of outstanding bonds of the district which are payable from assessments upon real property give their assent, as provided in Section 75810, to…
ARTICLE 6. Effect of Exclusion §§ 75830–75835 · 6 sections
- § 75830 A district, notwithstanding the exclusion of lands therefrom, shall be and remain a district as fully, to every intent and purpose, as it would be had no…
- § 75831 Nothing in this division shall, in any manner, operate to release any of the lands excluded from a district from any obligation to pay, or from any lien…
- § 75832 For the purpose of discharging the outstanding indebtedness at the time of the filing of the petition for exclusion of lands, the lands excluded shall be…
- § 75833 The provisions of Sections 75831 and 75832 shall not apply to any outstanding bonds, the holders of which have assented to the exclusion of the lands from the…
- § 75834 If any of the outstanding bonds are payable from assessments upon all real property in the district, any real property excluded from the district by virtue of…
- § 75835 If the land excluded from any district embraces the greater portion of any division or divisions of such district, the office of director for such division or…
CHAPTER 2. Inclusion §§ 75850–75939 · 42 sections
ARTICLE 1. In General §§ 75850–75852 · 3 sections
- § 75850 The boundaries of a district may be changed to include additional land within the district as provided in this chapter, and the inclusion within a district of…
- § 75851 When a district is the sole owner of any tract of land not within the boundaries of the district, the board, upon determining that the inclusion of that land…
- § 75852 A guardian, executor, or administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor, or…
ARTICLE 2. Petition and Notice §§ 75860–75864 · 5 sections
- § 75860 The holder of title or evidence of title, to any tract of land, or if there is more than one holder of title or evidence of title to such tract, the majority…
- § 75861 Each signature to the petition for inclusion of lands shall be acknowledged or proved as provided by law for signatures to an instrument to entitle it to be…
- § 75862 The secretary shall cause a notice of the filing of the petition for inclusion of lands to be given and published in the same manner and for the same time as…
- § 75863 The notice of the filing of the petition for inclusion of lands shall state the purpose of the petition, describe the boundaries of the tract of land proposed…
- § 75864 The petitioners shall advance to the secretary sufficient money to pay for the publication of the notice of the filing of the petition for the inclusion of…
ARTICLE 3. Hearing and Order §§ 75880–75887 · 8 sections
- § 75880 The board, at the time and place mentioned in the notice of the filing of the petition for inclusion of lands, or at the time or times to which the hearing of…
- § 75881 The failure of any person interested in the district, or in the matter of the proposed change of its boundaries, to show cause in writing why the proposed…
- § 75882 If the board, after the hearing, determines that the petition for inclusion of lands complies with the requirements of Article 2 (commencing with Section…
- § 75883 If the board determines that only a portion or certain portions of the tract of land described in the petition for inclusion of lands should be included, the…
- § 75884 The order changing the boundaries shall describe the boundaries of the land included within the district, and if such land adjoins any portion of the district,…
- § 75885 If more than one petition for the inclusion of land has been presented, the board may in one order include within the district any number of separate tracts of…
- § 75886 Any public land of the United States may be included within a district, except as may be provided otherwise by federal law.
- § 75887 The board may require, as a condition precedent to the granting of the petition for inclusion of lands, that the petitioners severally pay to the district such…
ARTICLE 4. Election §§ 75900–75907 · 8 sections
- § 75900 If a protest against the inclusion of lands, signed by not less than 3 percent of the holders of title or evidence of title to lands within the district who…
- § 75901 Upon the adoption of the resolution pursuant to Section 75900, the board shall order that an election be held within the district to determine whether the…
- § 75902 Before calling the election, the board may require an undertaking from the petitioners for the inclusion of the land, conditioned that the petitioners or the…
- § 75903 Notice of the election shall be given and published, the election shall be held and conducted, the returns thereof shall be made and canvassed, and the result…
- § 75904 The notice of election shall describe the proposed change of the boundaries in such manner and terms that it can readily be traced.
- § 75905 The ballots cast at the election shall contain the words “For change of boundaries,” or “Against change of boundaries,” or words equivalent thereto.
- § 75906 If a majority of all the votes cast at the election are against change of the boundaries of the district, the board shall order that the petition for inclusion…
- § 75907 If a majority of the votes cast at the election are in favor of the change of the boundaries of the district, the board shall order that the boundaries be…
ARTICLE 5. Recordation of Order and Petition and Filing of Certificate §§ 75920–75922 · 3 sections
- § 75920 A copy of the order of the board ordering the change of the boundaries of the district, certified by the president and secretary, shall be filed for record in…
- § 75921 Upon the filing of the copies of the order pursuant to Section 75920, the secretary shall record the petition for inclusion of lands in the minutes of the…
- § 75922 Upon a change of the boundaries of a district being made pursuant to this chapter, the board shall file a certificate with the Secretary of State listing: (a)…
ARTICLE 6. Alternate Procedure §§ 75925–75939 · 15 sections
- § 75925 The following annexation procedures may be used for annexation of land to any water conservation district as an alternative to the procedures set forth in…
- § 75926 A petition which may consist of any number of separate instruments, shall be filed with the secretary of the district, signed by 20 percent or 500 electors…
- § 75927 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 affected county pursuant…
- § 75928 Within 10 days of the date of filing of such petition the secretary of the district shall examine the same and ascertain whether or not such petition is signed…
- § 75929 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…
- § 75930 The secretary of the district shall, within 10 days after the filing of such supplemental petition or petitions, make like examination of the same and certify…
- § 75931 If any supplemental petition be filed, all the signatures appended to the petition or to the supplemental petition or petitions shall be considered in…
- § 75932 After an election for the annexation of such area to the district the sufficiency of such petition in any respect shall not be subject to judicial review or be…
- § 75933 Such petition may be granted by ordinance of the board of such district after hearing thereon held at the time the petition is presented to the board as…
- § 75934 If such petition is granted, the proposition of such annexation subject to the terms and conditions so fixed, shall be submitted to the vote of the voters in…
- § 75935 Notice of such election shall be published in the affected county pursuant to Section 6063 of the Government Code. Publication shall be complete at least 7,…
- § 75936 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…
- § 75937 The board shall canvass the votes cast at such election and, if such proposition is approved by a majority of the voters voting thereon at such election, the…
- § 75938 Upon receipt of such certificate, the Secretary of State shall, within 10 days, issue his certificate reciting the passage of said ordinance and the addition…
- § 75939 From and after the date of such certificate, the area or areas named therein shall be deemed added to, and shall form a part of, said district, and the taxable…
CHAPTER 3. Annexation of Districts §§ 75940–76010 · 17 sections
ARTICLE 1. Definitions § 75940 · 1 section
- § 75940 As used in this chapter: (a) “Petitioning district” means a water conservation district which proposes to petition or which has petitioned another water…
ARTICLE 2. Procedure in Petitioning District §§ 75950–75954 · 5 sections
- § 75950 Proceedings by the petitioning district are initiated: (a) When the board of the district determines that it would be for the best interests of the district to…
- § 75951 A proposed annexation petition shall contain: (a) A request addressed to the annexing district, petitioning the annexing district to annex the petitioning…
- § 75952 Within 30 days after annexation proceedings have been initiated, the board of the petitioning district shall call and provide for the holding of a special…
- § 75953 The manner of holding and conducting the election, the selection of officers to conduct it, the designation of precincts and polling places, the preparation,…
- § 75954 Upon the canvassing of the votes cast in the election, if it appears that a majority of all votes cast are in favor of the annexation petition, the board of…
ARTICLE 3. Procedure in Annexing District §§ 75970–75975 · 6 sections
- § 75970 Within 30 days after the receipt of an annexation petition from a petitioning district, the board of the annexing district shall, if it favors the annexation,…
- § 75971 If, on the date set by the board for the final action on the annexation petition, there is presented to the board of the annexing district written protests…
- § 75972 If the question of annexation is submitted to the electors of the annexing district, the election shall be held in the same manner as provided in this chapter…
- § 75973 If a majority of all votes cast at the election are against the proposed annexation, the annexation petition shall be denied. If a majority of all votes cast…
- § 75974 The order annexing the petitioning district shall describe the boundaries of the land to be annexed to the annexing district, and if such land adjoins any…
- § 75975 Upon the annexation of a district as provided in this chapter, the annexation order and the annexation petition shall be recorded.
ARTICLE 4. Conditions to Annexation §§ 75990–75991 · 2 sections
- § 75990 As a condition to annexation, the petitioning district and the annexing district may agree to any financial adjustments and may provide for the payment by the…
- § 75991 Bonds of the petitioning district may be voted upon and issued in the manner provided for the incurring of bonded indebtedness of the district and may…
ARTICLE 5. Effect of Annexation Upon Petitioning District §§ 76000–76001 · 2 sections
- § 76000 Upon the adoption of an order of annexation, the petitioning district shall be deemed dissolved, except that if there is any outstanding indebtedness of the…
- § 76001 Upon receipt of the estimates furnished pursuant to Section 76000, the board or boards of supervisors shall levy an assessment on the lands comprising the…
ARTICLE 6. Filing of Certificate § 76010 · 1 section
- § 76010 Upon the annexation of the petitioning district to the annexing district, the board of the annexing district shall file with the Secretary of State a…
CHAPTER 4. Consolidation § 76020 · 1 section
- § 76020 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 5. Dissolution §§ 76030–76061 · 11 sections
ARTICLE 1. Petition and Hearing §§ 76030–76032 · 3 sections
- § 76030 A district may be dissolved by the board of supervisors of the principal county in the manner provided in this chapter.
- § 76031 Upon receiving a petition signed by 10 percent of the electors of the district, or by the owners of one-half of the lands comprising the district, requesting…
- § 76032 At the time appointed for the hearing, or at any time to which the hearing may be adjourned, the board of supervisors shall hear and pass upon the petition,…
ARTICLE 2. Election §§ 76040–76042 · 3 sections
- § 76040 If the petition for dissolution is granted, the board of supervisors shall, by resolution, provide for and order the holding of a special election in the…
- § 76041 The resolution calling the election shall recite the filing of the petition for dissolution and the approval thereof by the board of supervisors, and shall fix…
- § 76042 The election shall be noticed and conducted, and the returns of the election made and canvassed, in the same manner as is provided for the formation election.…
ARTICLE 3. Order of Dissolution and Filing of Certificate §§ 76050–76052 · 3 sections
- § 76050 If votes representing 60 percent of the total number of votes cast are cast in favor of the dissolution of the district, the board of supervisors shall enter…
- § 76051 If there is any outstanding indebtedness of the district, at the time of the dissolution thereof, the board of supervisors shall levy assessments for the…
- § 76052 Upon dissolution of a district, the clerk of the board of supervisors shall file a certificate with the Secretary of State listing: (a) The name of the…
ARTICLE 4. Vesting of Property Upon Dissolution §§ 76060–76061 · 2 sections
- § 76060 Upon the dissolution of a district, any and all real property belonging to the district shall become and be the property of the county in which the real…
- § 76061 The personal property belonging to a district upon its dissolution shall be sold by the board of supervisors of the principal county, and the proceeds from…