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.
Part 8.5EXCLUSION OF TERRITORY FROM IMPROVEMENT DISTRICTS
Section § 72080
This law allows for a process to remove an area from an improvement district. The board can start this process on its own or must do so if they receive a petition. The petition must be signed by at least 10% of voters from the area to be removed and must explain why removing the area would be beneficial to either the district or the area itself.
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Section § 72081
This law outlines what a board must include in their resolution when deciding to exclude a certain territory from an improvement district. The resolution should mention how the exclusion process was started, whether by board motion or voter petition. It needs to clarify that taxes for improvement purposes won't apply to the area being excluded. It also should state whether taxes for existing bonds will still be assessed on this excluded territory. Finally, it must confirm that the remaining area's properties in the district will continue to be taxed to fund the district's needs.
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)CA Water Code § 72081(a) The method by which the exclusion proceedings were initiated; by motion of the board or by petition of voters.
(b)CA Water Code § 72081(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)CA Water Code § 72081(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)CA Water Code § 72081(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.
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Section § 72082
If a decision is made to exclude a certain area from a district, there must be an announcement explaining this. A map showing the boundaries of the area to be excluded, as well as how it relates to the remaining district, must be kept on file for anyone interested to view. This map will determine exactly what area is being excluded.
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.
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Section § 72083
This law section explains that when there is a proposal to exclude certain territory from a district, a resolution must outline when and where a hearing will take place. This hearing allows anyone with an interest, especially property owners in the district or the improvement district, to express their views on the exclusion and its impacts.
The resolution of intention shall also state:
(a)CA Water Code § 72083(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)CA Water Code § 72083(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.
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Section § 72084
This law requires that notice of a hearing about excluding a certain area from a municipal water district has to be given to the public. This is done by publishing the resolution of intention to exclude in a local newspaper if available. Additionally, the notice must also be publicly posted in three different places within the improvement district for at least two weeks before the hearing date.
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.
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Section § 72085
This law requires that during a specified hearing, set by prior resolution, the board must listen to any person interested in discussing the proposed exclusion of land from a district or improvement district. Property owners or anyone with a stake in the matter can share relevant concerns or information related to excluding certain land as outlined in the resolution.
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.
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Section § 72086
After a hearing, if the board decides it's necessary or desirable to exclude certain land from an improvement district, they must pass a resolution. This resolution needs to explain why the exclusion is needed or wanted. It must also reference a map that clearly shows the new boundaries of the district, available with the secretary.
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)CA Water Code § 72086(a) The reasons why such exclusion is necessary or desirable.
(b)CA Water Code § 72086(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.
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Section § 72087
This law states that once a decision has been made to exclude something, that decision cannot be challenged or overturned.
The determinations made in the resolution of exclusion shall be final and conclusive.
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Section § 72088
When a territory is removed from an improvement district, taxes for the district's projects will only be charged to the property within the new boundaries of the district. However, if there are still unpaid bonds for the district, taxes will continue to be collected from the excluded territory's properties to pay off those bonds, if the board decides so in the exclusion resolution.
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.
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Section § 72089
This law outlines the process for a district to publicly announce a decision, known as a 'resolution of exclusion', which involves removing an area from an improvement district. It requires the resolution to be published in a local newspaper if available and posted in three public places for at least two weeks.
The decision only takes effect 31 days after these postings are completed, unless all property owners in the area agree in writing, in which case immediate action can be taken based on their agreement.
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.
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Section § 72089.5
This law states that if someone wants to challenge the removal of an area from an improvement district, they must start a legal action within three months of the official decision to exclude that area. If no action is taken within this time, the removal is considered legal and cannot be contested later.
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.
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