2007 California Water Code Article 6. Alternative Provisions For Government Of Special Improvement Districts

CA Codes (wat:75165-75166.3)

75165.  Any special improvement district formed pursuant to this
chapter shall be under the supervision, direction and control of the
board of directors of the water conservation district, unless
proceedings are taken under this article for the election of a board
of trustees for such special improvement district, in which event
such special improvement district shall be under the supervision,
direction and control of such board of trustees.  Such directors or
trustees, as the case may be, shall have the same power, authority
and jurisdiction over and with reference to the special improvement
district that the board of directors possesses over and with
reference to the water conservation district and improvements made
within and chargeable to the entire conservation district provided
that any obligation created in behalf of a special improvement
district shall be a charge against only the properties situated
within such special improvement district.  All provisions of this
division, insofar as they are applicable, including all provisions
relating to bonds and assessments, shall apply to and govern special
improvement districts formed under this chapter.



75165.1.  A petition signed by holders of title or evidence of title
of land representing at least fifteen percent (15%) of the assessed
valuation of taxable land in the special improvement district may be
presented to the board of directors requesting that the special
improvement district be governed by a board of trustees to be elected
by qualified electors in the special improvement district in lieu of
the board of directors.  The last equalized county assessment roll
of the county in which the greater portion of the lands within the
special improvement district are situated shall be prima facie
evidence of ownership for purposes of this section, and a finding by
the board of directors as to the sufficiency of the signatures based
on certification by the secretary of the district shall be
conclusive.



75165.2.  Upon receiving the petition and determining its adequacy,
the board of directors shall set it for hearing and give notice of
the time and place of the hearing by causing notices to be posted in
3 public places in the special improvement district at least 10 days
before the date of hearing.  The board shall also cause a copy of the
notice to be published in a newspaper of general circulation printed
and published in the county in which the greater portion of the
district is situated, and circulated in the special improvement
district, once a week for at least 2 weeks prior to the date set for
hearing, with the first publication at least 10 days prior to such
date.


75165.3.  At the time fixed for the hearing, the board of directors
shall hear all persons appearing for and against the matter, and at
the conclusion of the hearing the board shall determine whether or
not it is for the best interests of the district and of the special
improvement district that the latter be governed by a board of
trustees.



75165.4.  In the event the board determines in favor of the
petition, it shall forthwith call a special election within the
boundaries of the special improvement district for the purpose of
electing a board of trustees to act as the governing body of the
special improvement district.



75165.5.  The resolution calling such election shall include an
order dividing the special improvement district into four
consecutively numbered divisions.  One trustee shall be elected from
each division by vote of the electors of the division, and one
trustee shall be elected at large by vote of the electors of the
entire special improvement district.



75165.6.  The special election shall be held and conducted,
candidates nominated, the results declared and the returns canvassed
in the same manner as the regular biennial election of officers of
the water conservation district, insofar as applicable.




75165.7.  The four persons receiving, respectively, the highest
number of votes for trustee in each division, plus the one person
receiving the highest number of votes for trustee at large, shall be
declared to be duly elected to such offices.




75165.8.  The trustees so elected shall immediately enter upon their
duties as such upon qualifying, and shall hold office, respectively,
until their successors are elected and qualified.  They shall meet,
classify themselves, and organize as a board, elect a president and
secretary, fix the amounts of bonds, in the same manner as the first
directors of a district under Part 3 (commencing with Section 74200).




75165.9.  Each trustee shall receive an amount to be fixed by the
board of trustees for each day's actual attendance at the meetings of
the trustees and actual and necessary expenses incurred while
engaged in official business under an order of the board of trustees.
  No trustee shall, however, receive more than twenty-five dollars
() for each meeting attended, nor more than twenty-five dollars
() in any calendar month for attendance of meetings.  The
secretary may but need not be one of the trustees or may be the
secretary of the district or any other person.



75166.  The salary of the secretary and the amount of the bond to be
given for the faithful performance of his duties shall be fixed by
the board of trustees.


75166.1.  The board of trustees shall meet regularly at least once
each month at a time and place to be fixed by resolution of the
trustees.


75166.2.  Except as otherwise provided in this article, all
provisions of this division relating to biennial elections,
vacancies, oaths, bonds, terms of office, appointments of sole
nominees without elections, meetings and changes in boundaries of
divisions which are applicable to the board of directors of the
district are applicable to the board of trustees of the special
improvement district, except that any vacancies on the board of
trustees shall be filled by appointment of the board of directors of
the district.  Each trustee must be a registered voter and a holder
of title, or evidence of title, of land in the special improvment
district, and of the division which he represents.



75166.3.  The board of trustees of any special improvement district,
the lands within which are obligated to repay a loan or loans from
the United States under any loan repayment contract made between the
district and the United States pursuant to Article 3 (commencing with
Section 74610) of Chapter 5 of Part 5, shall be charged with the
responsibility of performing or causing the performance of all
obligations of the district and of the special improvement district
under such contract.  If, in the opinion of the board of directors,
the board of trustees fails to adequately maintain and operate the
waterworks facilities of the special improvement district constructed
pursuant to such contract, or otherwise fails to perform or cause
the performance of the obligations under such contract, the board of
directors shall give the board of trustees written notice specifying
the respect in which the board of trustees has failed, and in the
event the board of trustees fails to cure such default within a
reasonable time fixed in the notice following the giving of such
notice, the board of directors may, upon giving at leasty thirty (30)
days' written notice to the board of trustees, take over the care,
operation and maintenance of such waterworks and thereafter care for
and operate and maintain the same and perform or cause the
performance of such obligations.