Any portion of a district that will not be benefited by remaining in the district may be excluded as provided in this article.
Sewer Maintenance DistrictsExclusion
Section § 4905
If a part of a district isn't going to benefit from staying in the district, this law allows it to be excluded following specific rules outlined elsewhere.
district exclusion benefit exclusion district modification
Section § 4906
If people want to have a part of their area removed from a district, at least 50 property owners in that part must sign a petition, or if there are fewer than 100 property owners, a majority must sign. The petition should state that the area won't benefit from staying in the district.
A petition to exclude territory shall be signed by 50 or more freeholders in the portion proposed to be excluded from the district, or by a majority of the freeholders, if there are less than one hundred freeholders in the portion proposed to be excluded. The petition shall request the exclusion of that territory from the district on the ground that it will not be benefited by remaining in the district.
petition to exclude territory freeholders district exclusion
Section § 4906.1
This law allows a governing board to schedule a public hearing about whether to remove a part of a district that no longer benefits from being included. The hearing must be set at least 15 days but no more than 30 days after they officially decide to have it.
As an alternative to the procedure outlined in Section 4906, the board may by resolution entered in its minutes fix a time for a hearing on the question of the exclusion of any portion of a district which will not be benefited by remaining in the district. The time fixed for the hearing shall not be less than 15 or more than 30 days from and after passage of the resolution.
district exclusion public hearing procedure benefit assessment
Section § 4907
When a petition is submitted to remove an area from a district, the board has to set a hearing date to discuss the petition and any objections. This hearing must happen between 15 to 30 days after they get the petition.
Upon receiving a petition to exclude territory the board shall fix a time for hearing it and for hearing protests to the continuance of the remaining territory as a district. The time of hearing shall not be less than fifteen nor more than thirty days after the receipt of the petition.
exclude territory petition hearing district modification
Section § 4908
The board must publish a notice about an upcoming hearing regarding proposed exclusion at least ten days before it happens. This notice needs to be published once in a newspaper that circulates within the district and is most likely to inform the district's residents.
At least ten days prior to the time fixed, the board shall publish a notice of the hearing by one insertion in the newspaper circulated in the district that the board deems most likely to give notice to the district’s inhabitants of the proposed exclusion.
notice of hearing proposed exclusion newspaper publication
Section § 4909
This law allows individuals to attend a hearing and express objections either to the removal of an area from a district or to the continuation of the rest of the area as a district. The board is required to listen to these objections and make decisions about them.
Any person interested may appear at the hearing and object to the exclusion of the territory from the district, or may object to the continuance of the remaining territory as a district, and the board shall consider all objections and shall pass upon them.
hearing participation territory exclusion district continuation
Section § 4910
This law allows for the reorganization of a district if it's determined that a certain area would not benefit from being part of it. If the board decides an area won't gain anything by staying, and the remaining area will continue to benefit, the board can officially redefine the district boundaries to exclude the non-benefiting area.
If the board finds that the territory proposed to be excluded will not be benefited by remaining in the district, and that the territory not proposed to be excluded will be benefited by continuing as a district, it shall by resolution declare the district re-established excluding therefrom the territory found not benefited by remaining in the district.
district reorganization exclude territory board decision
Section § 4911
If a certain area is removed from the district, any property bought for the district stays property of the county and will continue to be used for district purposes.
Upon the exclusion of any territory from the district all property acquired for the district shall remain vested in the county and be used for the purposes of the district.
territory exclusion property acquisition county ownership
