State Codes and Statutes

State Codes and Statutes

Statutes > California > Wat > 72080-72089.5

WATER CODE
SECTION 72080-72089.5



72080.  Proceedings to exclude territory from an improvement
district, formed pursuant to this division, may be initiated by the
board upon its own motion, or shall be initiated by the board upon
receipt of a petition for exclusion signed by not less than 10
percent of the voters of the area proposed to be excluded, which
states reasons such exclusion will be beneficial to the district or
the improvement district or the territory to be excluded.



72081.  Upon adoption of a motion to initiate exclusion proceedings
or upon receipt of a petition for exclusion, the board shall adopt a
resolution of intention to exclude which shall state:
   (a) The method by which the exclusion proceedings were initiated;
by motion of the board or by petition of voters.
   (b) That taxes for carrying out the purpose of an improvement
district formed pursuant to Part 8 (commencing with Section 72000)
will not be levied upon taxable property in the excluded territory
following such exclusion.
   (c) That taxes for the payment of principal and interest on any
outstanding bonds of an improvement district will not be levied upon
taxable property in the excluded territory following such exclusion,
or, at the option of the board, that taxes for the payment of
principal and interest on any outstanding bonds of an improvement
district will continue to be levied upon taxable property in the
excluded territory following such exclusion.
   (d) That following such exclusion, the taxable property in the
territory remaining in the improvement district shall continue to be
levied upon and taxed to provide funds for the purposes of the
improvement district.


72082.  The resolution of intention to exclude shall also state that
a map showing the exterior boundaries of the proposed territory to
be excluded, with relation to the territory remaining in the
improvement district, is on file with the secretary and is available
for inspection by any person or persons interested. The map shall
govern for all details as to the extent of the proposed exclusion.



72083.  The resolution of intention shall also state:
   (a) The time and place for a hearing by the board on the questions
of the proposed exclusion and the effect of such exclusion upon the
district, the improvement district and the territory to be excluded.
   (b) That at such time and place any person interested, including
all persons owning property in the district or in the improvement
district, will be heard.



72084.  Notice of the hearing shall be given by publishing a copy of
the resolution of intention to exclude, pursuant to Section 6066 of
the Government Code, prior to the time fixed for the hearing in a
newspaper circulated in the municipal water district, if there is a
newspaper circulated in the district. Such notice shall also be given
by posting a copy of the resolution of intention to exclude in three
public places within the affected improvement district for at least
two weeks before the time fixed for the hearing.



72085.  At the time and place so fixed in the resolution of
intention to exclude, or at any time or place to which the hearing is
adjourned, the board shall proceed with the hearing.
   At the hearing any person interested, including any person owning
property in the district, or in the improvement district may appear
and present any matters material to the questions set forth in the
resolution of intention to exclude.



72086.  At the conclusion of the hearing, the board shall by
resolution determine whether it is necessary or desirable to exclude
the territory. If so, the resolution shall also state:
   (a) The reasons why such exclusion is necessary or desirable.
   (b) That the exterior boundaries of the improvement district
following such exclusion are set forth on a map on file with the
secretary, which map shall govern all details as to the extent of the
then existing improvement district.



72087.  The determinations made in the resolution of exclusion shall
be final and conclusive.



72088.  After the exclusion of territory from the improvement
district pursuant to this division, all taxes levied for the carrying
out of the improvement district's purpose shall be levied
exclusively upon the taxable property in the improvement district as
then constituted, except that taxes shall continue to be levied upon
the taxable property in the territory excluded for the payment of
principal and interest on any outstanding bonds of the improvement
district, if the board so determines in the resolution of exclusion.



72089.  A copy of the resolution of exclusion shall be published
pursuant to Section 6066 of the Government Code in a newspaper
printed and published in the district, if there is a newspaper
printed and published in the district. A copy of the resolution shall
also be posted in three public places within the improvement
district for at least two weeks.
   The resolution of exclusion shall not be effective until the 31st
day after completion of the publication and posting.
   This section shall not apply if the board has received the written
consent of the owners of all the territory to be excluded therefrom.
The written consent shall include the terms and conditions of
exclusion, if any.


72089.5.  Any action or proceeding in which the validity of the
exclusion of territory from the improvement district or of any of the
proceedings in relation thereto is contested, questioned, or denied
shall be commenced within three months from the effective date of the
resolution of exclusion; otherwise, the exclusion and all
proceedings in relation thereto shall be held to be valid and in
every respect legal and incontestable.