An act relating to governmental units known as districts, and providing a procedure for the organization, operation, government, consolidation and dissolution of such districts.
[Approved by the Governor June 12, 1933. In effect August 21, 1933.]
The people of the State of California do enact as follows:

    SECTION 1. This act shall be known as the "District Organization Act."
    Sec. 2. It is the purpose of this act to make available a procedure for the organization, operation, government, consolidation and dissolution of districts as herein defined.
    Sec. 3. This act does not repeal or otherwise affect any existing statute, nor does it affect any district now existing. Its provisions shall apply and become operative only as and when and to the extent that they are adopted or incorporated by reference in an act providing for a particular district or type of district.
Sec. 4. in this act, unless the context otherwise requires : (a) "District" means a tax or assessment district in the

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nature of a public agency or corporation, or quasi-municipal corporation of special or limited functions and powers;
(b) "Governing body" means that board or body in a district which bears to the district a relation equivalent to a board of directors thereof;
(c) "Principal act" means the act which provides for the creation of a particular district or type of district;
(d) "Supervising authority" means the board of super-visors of the county in which the land, or the greater portion of the land, in a district, is situated ; or that body which by law initiates or hears proceedings for the creation of a district ;
(e) "Project" means the work, improvement or acquisition, or any combination thereof undertaken by a district ;
(f) "Owner" includes joint owner, coowner, guardian, executor, administrator or other person holding property in a trust capacity under appointment of court.
DIVISION I. FORMATION OF DISTRICTS.


CHAPTER I. PETITION AND PRELIMINARY HEARING.
See. 101. Districts may be formed in the manner provided Formation by this division. of

See. 102. Proceedings for the formation of a district shall petition. be commenced by petition, when a petition is authorized or required by the principal act, addressed to and filed with the supervising authority, and signed by the requisite number of qualified petitioners as prescribed by the principal act.

Sec. 103. The petition may be filed in sections each of which must comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition.
See. 104. Signatures to the petition may be withdrawn at Withdrawal any time before the publication of the petition, by filing with the clerk of the supervising authority a declaration signed by the petitioner stating that it is the intention of the petitioner to withdraw his signature from the petition.
See. 105. The petition must
(a) State the proposed name for the district;
(b) Set forth the boundaries of the district or describe the lands situated therein ;
(c) Request that the district be formed under the terms of the principal act, citing it by name;
(d) Describe generally the nature of the proposed project; and
(e) Comply with such additional requirements as may be imposed by the principal act.
Sec. 106. Upon presentation and filing of the petition the Preliminary supervising authority shall fix a time and place for the hearing of the petition. The hearing shall not be less than twenty days nor more than forty days after such presentation and filing.
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Sec. 107. The hearing may be continued front time to time, not exceeding three months in all, to enable the project to be investigated and a report made thereon if such investigation and report is required under the provisions of the principal act or of any other act applicable to the formation of the district..

CHAPTER H. FINAL HEARING AND FORMATION.
Sec. 151. The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk of the supervising authority to give notice of such final hearing.
Sec. 152. The notice of final hearing shall:
(a) State the name and nature of the district;
(b) State that the petition is available for inspection at the office of the clerk of the supervising authority;
(c) Designate the boundaries of proposed district;
(d) State the time and place for the final hearing;
(e) State that at said hearing protests will be considered by
the supervising authority ;
(f) State that requests in writing for exclusion from or inclusion of lands in the proposed district will be heard and considered by the supervising authority.
Sec. 153. Notice of such final hearing shall be given by the clerk of the supervising authority by publication as hereinafter provided.
Sec. 154. The supervising authority shall not be deprived of jurisdiction to proceed with the hearing, nor shall any action on the petition be invalidated for clerical error in the published notice.
Sec. 155. If it appears that the notice given has been defective in any material respect, the supervising authority shall set another time for the hearing and cause notice again to be published.
Sec. 156. If the supervising authority shall determine that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to the right to present a new petition covering the same matter. A finding by the supervising authority in favor of genuineness and sufficiency of the petition and notice is final and conclusive against all persons except the State of California in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district.
Sec. 157. At the hearing protest may be made orally or in writing by any person interested in the formation of the proposed district. Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. All written protests must be filed with the clerk of the supervising authority on or before the time fixed
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for the final hearing. The hearing may be continued from time to time not exceeding sixty days.
Sec. 158. At the hearing any owner of land in the proposed district may present to the supervising authority a request in writing for exclusion of such land, or any part thereof, and any owner of land outside the proposed district may present to the supervising authority a request in writing for inclusion of such land in the proposed district.
Sec. 159. The proceeding shall terminate, if prior to the time the supervising authority finally determines the district shall be formed, written protests against the formation of the district are filed with the clerk of the supervising authority by the requisite number of qualified protestants as prescribed in the principal act.
Sec. 160. The supervising authority shall order the proceedings terminated when such protests are received. No' petition the formation of the same year. district for the same project shall be considered by the supervising authority until after the expiration of one year from the date of the order of termination made pursuant to this section.
Sec. 161. If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the boundaries of the proposed district. In so doing it shall exclude from the district any land which it finds will not be benefited by the proposed project; and it may include in the district any land which it finds will be benefited, if it also finds it will be to the interest of the district to include the same. Such inclusion may be upon application of the owner, or, without such application, upon giving him notice thereof and hearing thereon. Notice of inclusion shall be published and Notice or shall be mailed, postage prepaid, by the clerk of the supervis- mc'usion. ing authority to the address of the owner of such land as shown by the last equalized county assessment roll, and to any person who has filed with him his name and address and description of land in which he has either a legal or equitable interest. Such notice shall describe the land proposed to be included and shall state the time and place at which objections to such inclusion will be heard.
Sec. 162. The supervising authority, if it determines that the district should be established, shall by resolution fix and and name. describe the boundaries of the district and designate a name therefor, which may be that proposed in the petition or such other name as the supervising authority may select.
Sec. 163. The supervising authority shall, within twenty days after the adoption of such resolution establishing the district boundaries, call and give notice of an election to be held in the proposed district for the purpose of determining whether or not the district shall be formed and for the selection of persons, if any, who shall serve as the elective officers of the district.
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Sec. 164. The election shall be called and conducted, and candidates, if any, shall be nominated in the manner hereinafter provided in respect to general district elections except that the supervising authority shall establish election precincts and designate the polling place or places for the election, publish notice thereof and appoint the election board or boards, and the returns of such election shall be forwarded to the supervising authority which shall canvass the returns and declare the results of the election at its next regular meeting following the election.
Sec. 165. If it appears that a majority of all the votes cast at the election are in favor of the organization of the district, the supervising authority by resolution entered on its minutes shall declare the district duly organized under the principal act, citing it by name, and shall give the name of the district as theretofore designated, and shall describe the boundaries of such district.
Sec. 166. Immediately after the passing of the resolution declaring the organization of the district, the clerk of the supervising authority shall file for record in the office of the county recorder of each county in which any portion of the lands in the district is situated, a certified copy of such resolution and shall file a certified copy of the same with the Secretary of State. Thereupon the organization of the district shall be complete.
See. 167. The governing body of the district may institute and maintain a proceeding, in the superior court in and for the county where the greater portion of the land of the district is situated, to determine the legality of the existence of such district.
Sec. 168. The complaint in such proceeding shall set forth the name of the district, its boundaries, the date of its organization, and shall contain a prayer that it be adjudged a legal district formed under the provisions of the principal act (citing it).
Sec. 169. The summons in such proceeding shall be served by publishing a copy thereof for three weeks in a newspaper of general circulation, published in each county where any part of the land of said district is situated.
Sec. 170. Within thirty days after the last publication of the summons any person who may be interested may appear and answer the complaint. The answer must set forth the facts relied upon to show the asserted invalidity of the district.
Sec. 171. If no answer is filed the court must render judgment as prayed for in the complaint. If an answer is filed the court shall proceed as in any civil case.
Sec. 172. This proceeding is hereby declared to be a proceeding in rem and the judgment rendered therein shall be conclusive against all persons whomsoever and against the State of California.
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DIVISION II. NOTICES AND ELECTIONS.
CHAPTER I. NOTICES.
Sec. 201. Whenever publication of a notice is required by Publication the provisions of this or the principal act, such publication of ponce. shall be in a newspaper of general circulation published and circulated within the district, or if there is no such newspaper of general circulation published in the district, then in the newspaper of general circulation published nearest thereto.
Sec. 202. Unless otherwise expressly provided, each notice shall be published three times, to wit, once a week for three successive weeks prior to the date set for the happening of the event of which notice is given.
Sec. 203. Proof of such publication may be by affidavit of Prod of the owner, publisher, printer or clerk of the newspaper. Such affidavit shall be prima facie evidence of the facts therein stated regarding such publication.
Sec. 204. If a district is situated in a county in which no Notice by newspaper of general circulation is published, the notice shall be posted in three public places in the district for the same period and with the same effect as if published. Proof of posting may be by affidavit of the person who posts the notice and such affidavit shall have the same effect as evidence as an affidavit of publication.
CHAPTER II. ELECTIONS.
Sec. 225. All elections in a district for any purpose shall be called and conducted and the results thereof canvassed, returned and declared in the manner herein provided.
See. 226. The governing body of a district shall establish a Election convenient number of election precincts in the district and define the boundaries thereof, and, whenever it is deemed advisable for the best interests of the district and the convenience of the voters, may at any time, but not less than thirty days before an election is to be held in the district, change the boundaries of any such election precinct, which change when made must be entered on the minutes of the board.
See. 227. The governing body must, by order made more than ten days before the time for election designate a convenient place within each precinct as the polling place of such precinct.
Sec. 228. Where a governing body is required to be elected General by the principal act, an election, which shall be known as the general district election, shall be held in the district on the same day as the State general election is held unless other-wise provided in the principal act. At such general district election a successor shall be chosen to each officer whose term is about to expire, and any matters requiring a vote of the people of the district shall be submitted to the electors.
Sec. 229. The elective officers of a district shall be such as are prescribed by the principal act and the person receiving
body.
¬ of electors.
Resolution calling election.
Posting of resolution.
Appointment of election board.
General laws applicable.


Election board.
Canvass and certification of returns.

the highest number of votes for each office to be filled at such election shall be elected thereto.
Sec. 230. If the principal act makes no provision for a governing body, the supervising authority shall be, ex officio, the governing body of the district.
Sec. 231. Qualifications of electors shall be determined by the provisions of the principal act.
Sec. 232. The governing body of the district shall thirty days prior to the time of any district election, by resolution entered on its minutes:
(a) Appoint for each precinct an election board consisting of at least one inspector and two judges selected from the electors of the precinct;
(b) State the time of the election, the hours during which the polls will be open, and the purpose for which the election is held ; and
(c) Prescribe the manner of voting and the form of ballot to be used.
Sec. 233. Within ten days after the adoption of the resolution the secretary of the governing body shall cause copies of the resolution to be posted in three public places in each election precinct. The posting of the resolution shall be sufficient notice of the. election therein called.
Sec. 234. If the governing body fails to appoint a board of election in any precinct or if the members appointed in any precinct do not attend at the opening of the polls on the morning of the election, the voters of such precinct present at that hour may appoint the board or supply the place of any absent member.
Sec. 235. In all particulars not provided for in this and the principal act, the election shall be held in accordance with the general election laws of this State.
Sec. 236. The inspector shall be chairman of the election board and may appoint judges if during the progress of the election any judge ceases to act. Any member of the board of election may administer and certify oaths required to be administered during the progress of the election. Before opening the polls each member must take and subscribe an oath to faithfully perform the duties imposed upon him by law. Any of the electors of the precinct may administer and certify such oath.
Sec. 237. When the polls are closed, the board of election in each precinct shall canvass the votes thereat and make up and certify the returns thereof as near as practicable in accordance with the general election laws of this State. Such certificate shall immediately be delivered to the secretary of the governing body of the district.
Sec. 238. The governing body must meet at the usual place of meeting on the first Monday after such election to canvass the returns. If at the time of the meeting the returns from each precinct in the district in which polls were open have been received, the governing body must then and there
proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all returns have been received, or until six postponements have been had. The canvass must be made in public by opening the returns, estimating the vote of the district for each person voted for, and declaring the result thereof.
Sec. 239. Not less than twenty days before the election Nomination any ten or more qualified electors, as determined by the principal act, may file with the governing body a petition, requesting that certain persons, specified in such petition, be placed on the ballot as candidates for the office named in the petition. The names proposed by petition so filed, and no others, shall be printed on the ballot, but there shall be sufficient blank spaces provided in which electors may write other names if they so desire.
DIVISION III. ANNEXATION AND EXCLUSION OF TERRITORY.
Sec. 501. Any tract of land may be annexed to a district if Annexation the land will be benefited, and any tract of land within any district may be excluded therefrom if not benefited, in the
manner provided by this division.
Sec. 502. A petition shall be addressed to and filed with the Petition. governing body, signed by the requisite number of qualified petitioners as determined by the principal act, praying for annexation to, or exclusion from the district.
Sec. 503. The petition shall state the reason for annexation or exclusion of the tract of land, describe its boundaries and include the assent of the petitioners to such annexation or exclusion.
Sec. 504. Upon filing of the petition, the governing body shall fix a time and place for the hearing thereof and shall cause notice of the filing of the petition and of the time and place of the hearing to be published.
Sec. 505. The notice shall state : Notice.
(a) The date of filing of the petition; Contents.
(b) The names of the petitioners;
(c) The location and boundaries of land described in the
petition ;
(d) The prayer of the petition;
(e) The time and place fixed for the hearing thereof; and
(f) That all persons interested in or affected by such change in the boundaries of the district may appear and show cause why such change should not be made.
Sec. 506. At the hearing the governing body shall hear all relevant evidence in support of or in opposition to the petition. .t'
Sec. 507. The failure of any person interested or affected by the change to show cause shall be deemed an assent on his part to such change in the territory of the district as the governing body may make.
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tion of organization of the district, the governing body shall adopt a resolution reciting the filing of said petition and indicating its approval or disapproval thereof.
Sec. 603. A copy of the resolution shall be forwarded to copy of the supervising authority which formed the district, and to the governing body of each of the other districts with which consolidation is proposed.
Sec. 604. If each of such other governing bodies adopts a special resolution declaring its willingness to consolidate or reciting election. the filing of a petition for consolidation, and forwards a copy to the appropriate supervising authority, the governing body of each district shall make an order calling a special election at which shall be submitted to the qualified electors of such district the question whether or not consolidation shall be effected.
Sec. 605. At the election there shall be elected such directors and other officers, if any, of the consolidated district, as may be required by the terms of the principal act.
Sec. 606. The governing body of each district shall cause the results thereof to be certified to the supervising authority in control of that district and to the supervising authority in results. control of the greater portion of territory in the proposed consolidated district, if the consolidated district be situated within the jurisdiction of more than one supervising authority.
Sec. 607. If a majority of votes cast in each district is in favor of consolidation, the supervising authority or the supervising authority in control of the greater portion of territory in the consolidated district shall declare by resolution entered on its minutes that the districts are consolidated into one district, giving it a name. It shall cause a certified copy of said resolution to be recorded in the office of the county recorder of each of the counties in which any portion of the district is situated, and shall file a certified copy of the resolution with the Secretary of State. From and after the filing of such resolution the territory within such district shall be deemed consolidated into a single consolidated district with all the rights, privileges and powers of such a district.
CHAPTER II. DISSOLUTION.
Sec. 625. A district may be dissolved in the manner provided by this chapter.
Sec. 626. Upon the filing of a petition with the governing Petition-body signed by the number of qualified electors as is required to sign a petition for the formation of the district, the governing body must submit the question of dissolution of the district to the electors thereof.
Sec. 627. Such question may be submitted at the general district election or at a special election called for that purpose.
Sec. 628. The question of dissolution must be submitted not later than the ninetieth day after filing of the petition with the secretary of the governing body.  If two-thirds of those voting vote in favor of 2290 , the governing body shall by resolution dissolve the district.  The governing body shall cause a certified copy of the vote to be recorded in the office of the county recorder of each of the counties in which any portion of the district is situated and shall file a certified copy of the same with the Secretary of State. Thereupon the district shall be deemed dissolved for all purposes.
Sec. 631. Upon dissolution the right, title and interest to property owned or controlled by the district, situate within the corporate limits of any municipality, shall vest absolutely in such municipality, and if situate without the corporate limits of the municipality, it shall vest in the county in which the property is situated.
Sec. 632. The supervising authority is hereby constituted, ex officio, the governing body of any dissolved district, and it may levy such taxes and assessments and perform such other acts as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness.



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