Exclusion - Santa Cruz Metropolitan Transit District - Public Utilities - CA

Section § 98397

If a group wants to remove a specific area from a district, they can start the process by submitting a petition to the board of supervisors. This petition must be signed by at least 10% of the registered voters in that area. The petition needs to clearly outline the area's boundaries, explain why the area doesn't benefit from being in the district, and formally request its removal.

Territory within the district may be excluded from the district in the manner provided in this chapter. Proceedings for the exclusion of such territory may be initiated by the filing of a petition with the board of supervisors signed by not less than 10 percent of the registered voters in the territory proposed to be excluded. The petition shall:

(a) Describe the boundaries of the territory to be excluded.

(b) Declare that the area to be excluded from the district is not benefited by remaining in the district.

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Section § 98398

When a petition is filed to exclude an area from a jurisdiction, the board of supervisors checks if enough voters signed it. If so, they send it to the local agency formation commission for a public hearing. The notice for this hearing must explain that a petition was filed, give details about the hearing's time and place, and invite people to attend and speak. It should also describe the area that might be excluded.

After the petition is filed with the board of supervisors, the board of supervisors shall determine whether the petition is signed by a sufficient number of voters and if the petition is sufficient, the board of supervisors shall refer the question to the local agency formation commission, which shall hold a hearing on the question.

The notice shall contain the following:

(a) That a petition for exclusion has been filed with the board of supervisors.

(b) That a public hearing will be held upon the said petition and the proposed exclusion by the local agency formation commission, stating the time and place of such public hearing.

(d) Describe the boundaries of the territory proposed to be excluded.

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Section § 98399

On the day set for a hearing, or any subsequent date, a local agency formation commission listens to those who are interested and considers objections to a proposed exclusion of territory from a district.

If most commission members agree that the territory won't benefit by staying, they'll suggest its exclusion to the board of supervisors.

The area can be immediately removed if the board agrees, but it still has to pay for any existing debts. The exclusion notice is provided as per certain government code sections.

On the day fixed for the hearing, or any day to which the hearing may be adjourned, the local agency formation commission shall hear persons interested, and shall hear and consider any objections to the proposed exclusion. After the hearing, if it should be determined by a majority of all of the members on the local agency formation commission that the territory proposed to be excluded will not be benefited by remaining in the district, the commission shall recommend to the board of supervisors that the said territory be excluded. The exclusion shall be effective immediately upon resolution by the board of supervisors, provided, however, that the excluded territory shall not be relieved by such exclusion from liability for taxation for the payment of any bonded indebtedness existing at the time of the exclusion. Notice of the exclusion shall be given pursuant to Government Code Sections 54900 et seq.

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