55300-55311
WATER CODE
SECTION 55300-55311
55300. The powers of the district enumerated in this division
shall, except as therein otherwise provided, be exercised by the
board.
55301. The board of supervisors of the county is the governing
board of the district unless a board of directors has been appointed
under the provisions of this chapter as they existed prior to their
repeal at the 1967 Regular Session of the Legislature. Each member of
an appointed board of directors in existence on the effective date
of the amendment of this section at the 1967 Regular Session of the
Legislature shall continue to serve at the pleasure of the board of
supervisors of the county, rather than for the term for which he was
appointed.
Where the district becomes a subsidiary district of a city
pursuant to the District Reorganization Act of 1965, the city council
of such city is the governing board of the district, as provided in
Section 56539 of the Government Code. If, on the date the district
becomes a subsidiary district of a city, there is an appointed board
of directors, such appointed board of directors is automatically
dissolved as of that date. The term "board of supervisors," as used
in this division, shall in regard to any such district which has
become a subsidiary district of a city, refer to the city council of
such city.
55302. The board of supervisors of the county may, at any time,
dissolve any board of directors governing any district, and
thereafter the board of supervisors shall serve as the governing
board of the district.
55305. (a) The board of directors may fix the compensation of its
members for their services as directors not to exceed ten dollars
($10) for each meeting attended, not exceeding two meetings in any
calendar month. If allowed by the board, a director shall also
receive for performing duties for the district other than attending
board meetings the following:
(1) An amount not to exceed one hundred dollars ($100) for each
day performing such duties.
(2) Traveling and other expenses incurred by him or her in
performing his duties.
(b) For purposes of this section, the determination of whether a
director's activities on any specific day are compensable shall be
made pursuant to Article 2.3 (commencing with Section 53232) of
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
55307. Any board of directors in existence on the effective date of
the amendment of this section at the 1967 Regular Session of the
Legislature succeeds to and has all the powers conferred upon the
board of supervisors in reference to the waterworks district. Except
as provided in Section 55302, the board of supervisors shall have no
further jurisdiction except the appointment of the board of
directors.
55308. The board of directors shall appoint a clerk who shall
perform all of the duties pertaining to the district required to be
performed by the clerk of the board of supervisors and such other
duties as may be imposed upon him by the board of directors. The
clerk shall receive such compensation as the board of directors shall
determine and shall serve at the pleasure of the board. No director
shall be eligible to the position of clerk.
55309. The board of a district in existence on the effective date
of this section shall file a certificate with the Secretary of State
on or before January 1, 1964, listing:
(a) The name of the district.
(b) The date of formation.
(c) The county in which the district is located, and a description
of the boundaries of the district, or reference to a map showing
such boundaries, which map shall be attached to the certificate, or
reference to the county recorder's office where a description of such
boundaries has been recorded.
If the order declaring the district formed contains all of the
information required to be in the certificate, the board may file a
copy of the order in lieu of the certificate.
55310. Notwithstanding the provisions of Section 55301, the Board
of Supervisors of Madera County may appoint a board of directors to
serve as the governing board of Madera County Waterworks District #2.
A determination by the board of supervisors to appoint a board of
directors shall be made following a public hearing at a regular
meeting of the board. In the event the board of supervisors
determines to appoint a board of directors, it shall appoint five
directors for the district, and each director shall serve at the
pleasure of the board of supervisors. Any appointed board of
directors succeeds to and has all the powers conferred upon the board
of supervisors in reference to the Madera County Waterworks District
#2. Except as provided in Section 55302, the board of supervisors
shall have no further jurisdiction except for the appointment of
directors.
55310.2. (a) Notwithstanding Section 55301, the Board of Directors
of the Mendocino County Waterworks District #2 shall be elected. The
elected board of directors shall act as the governing board of the
district.
(b) There shall be five members of the board who shall be elected
at large throughout the district. The directors shall be residents of
the district at the time of election and shall remain residents
throughout their term. Failure to maintain residency shall cause the
director to vacate the office. The directors shall serve four-year
terms. The election of directors shall be held by the all-mailed
ballot procedure pursuant to Division 4 (commencing with Section
4000) of the Elections Code on the date described in Section 1501 of
the Elections Code.
(c) Elections for the directors shall be conducted by the county
clerk or by another election officer designated by the Mendocino
Board of Supervisors. The district shall be responsible for the cost
of the district elections.
(d) Unless otherwise provided or required by this section, Part 4
(commencing with Section 10500) of Division 10 of the Elections Code
shall apply to the conduct of the district election.
(e) Any vacancy on the board, other than upon the expiration of a
term, shall be filled by a majority vote of the directors. However,
no vacancy shall be filled by less than three members' affirmative
votes. If the board fails to fill a vacancy within 60 days of the
vacancy or if the membership of the board is less than four, the
Mendocino County Board of Supervisors may appoint members to fill the
vacancies. Appointed members shall serve until the next district
election at which time the remainder of the unexpired term shall be
filled at that election in the manner provided in this section.
(f) Directors shall be elected without reference to districts and,
except for the filling of unexpired terms, without reference to a
specific directorship. All candidates for open seats, except for the
filling of unexpired terms, shall appear on the same ballot. Voters
shall be allowed to vote for the number of candidates equal to the
open seats; that number of candidates equal to the number of open
seats that receive a plurality shall be elected. Write-in votes shall
be counted, provided that the write-in candidate shall have complied
with the requirements of subdivision (d) pertaining to the filing of
a nomination form and signatures with the county clerk no less than
14 days prior to the election.
(g) Directors duly elected and certified at the first election
shall assume office on July 1, 1996. The two-year terms shall expire
on June 30, 1998. The first four-year terms shall expire on June 30,
2000. All subsequent terms shall expire on the last day of June in
even-numbered years.
(h) Directors shall receive no compensation for service, except as
permitted under Section 55305, but may be reimbursed only for
necessary and actual expenses. Regulations governing reimbursement
may be adopted by the board.
(i) Effective July 1, 1996, the elected Mendocino County
Waterworks District #2 Board of Directors shall succeed to and have
all the powers previously conferred upon the board of supervisors and
the appointed board of directors in reference to this district.
55311. When a district is a subsidiary district of a city, the city
council may, by resolution, change the name of the district. The
change of name shall be effective upon the filing of a certified copy
of the resolution with the Secretary of State and the recording of a
certified copy in the office of the county recorder of the county or
counties in which the district is situated.