A. Any person or legal entity seeking to exclude real property from the municipal irrigation system must file with the city clerk a petition therefor on a form approved by the city council and pay the fee for the processing of the petition as established by resolution.
B. Upon the filing of a petition to exclude real property from the municipal irrigation system, the city clerk shall:
1. Transmit a copy of the petition to the city engineer, the public works director or water master, and the King Hill irrigation district.
2. Set the matter for hearing.
3. Publish a notice of public hearing not less than seven (7) days in advance of the hearing and provide a copy to the petitioner, the city engineer, the public works director or water master, and the King Hill irrigation district.
4. Obtain a copy of the then current ad valorem tax notice for the subject property.
C. A public hearing shall be held at which time the city council shall receive the reports of the city clerk, the public works director or water master, the city engineer, the King Hill irrigation district, the applicant, and any protestant with relevant evidence.
D. The real property may be excluded from the municipal irrigation system if the following conditions have been met:
1. The applicant is the owner of the real property which is the subject of the petition;
2. The real property description of the subject real property is verified to be correct;
3. The real property is a parcel of greater than five (5) acres;
4. The real property is being used for agricultural purposes exclusively and the owner has no immediate plans to change the existing agricultural use; and/or
5. The irrigation allotment and/or irrigation schedule administered by the city as opposed to the irrigation allotment or irrigation schedule applicable to the real property adversely affects the agricultural use of the real property; and/or
6. The real property is not being served by the distribution system of the municipal irrigation system; and/or
7. A reason demonstrated by a preponderance of the evidence that the exclusion from the municipal irrigation system of the real property is in the best interests of the use of the real property and of the continued operation and maintenance of the municipal irrigation system.
E. The city council shall make a determination on the matter as to whether to grant or deny the petition for exclusion of real property from the municipal irrigation system and shall then prepare its findings of fact, conclusions of law and order of decision and notify the petitioner, and any protestants who demand notice of decision, and the King Hill irrigation district, which order shall be the final action of the city.
F. In the event the city council shall determine to grant the petition for the exclusion of real property from the municipal irrigation system, it shall direct the city attorney to prepare the necessary ordinance. (Ord. 16-561A, 11-8-2016)