Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.
A new district may be formed pursuant to this article.
Article 2 - Formation
California Health and Safety Code — §§ 2010-2014
Sections (5)
Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.
(a)A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In addition, the petition shall:
(1)Set forth the methods by which the district will be financed, including, but not limited to, special taxes, special benefit assessments, and fees.
(2)Propose a name for the district.
(3)Specify the size of the initial board of trustees and the method of their appointment.
(b)The petitions, the proponents, and the procedures for certifying the sufficiency of the petitions shall comply with Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code. In the case of any conflict between Chapter 2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5 of the Government Code and this article, the provisions of this article shall prevail.
(c)The petition shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission.
Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.
(a)Before circulating any petition, the proponents shall publish a notice of intention that includes a written statement not to exceed 500 words in length, setting forth the reasons for forming the district and the methods by which the district will be financed. The notice shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the territory proposed to be included in the district. If the territory proposed to be included in the district is located in more than one county,
publication of the notice shall be made in at least one newspaper of general circulation in each of the counties.
(b)The following shall be signed by a representative of the proponent, and shall be in substantially the following form:
“Notice of Intent to Circulate Petition
“Notice is hereby given of the intention to circulate a petition proposing to form the _______________ (name of the district). The reasons for forming the proposed district are: _______________. The method(s) by which the proposed district will be financed are: _______________.”
(c)Within five days after the date of publication, the proponents shall file with the executive officer of the local agency formation commission of the principal county a copy of the notice together with an affidavit made by a
representative of the newspaper in which the notice was published certifying to the fact of the publication.
(d)After the filing required pursuant to subdivision (c), the petition may be circulated for signatures.
Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.
(a)A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that contains the territory proposed to be included in the district. Except for the provisions regarding the signers, signatures, and the proponents, a resolution of application shall contain all of the matters required for inclusion in a petition in Section 2011.
(b)Before adopting a resolution of application, the legislative body
shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061 of the Government Code in one or more newspapers of general circulation within the county or city. At least 20 days before the hearing, the legislative body shall give mailed notice of its hearing to the executive officer of the local agency formation commission of the principal county. The notice shall generally describe the proposed formation of the district and the territory proposed to be included in the district.
(c)At the hearing required by subdivision (b), the legislative body shall give any person an opportunity to present his or her views on the resolution.
(d)The clerk of the legislative body shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission of the principal county.
Added by Stats. 2002, Ch. 395, Sec. 6. Effective January 1, 2003.
(a)Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Part 3 (commencing with Section 56650) of Division 3 of Title 5 of the Government Code.
(b)If the local agency formation commission approves the proposal for the formation of a district, then, notwithstanding Section 57007 of the Government Code, the commission shall proceed pursuant to Part 4
(commencing with Section 57000) of Division 3 of Title 5 of the Government Code.
(c)Notwithstanding Section 57075 of the Government Code, the local agency formation commission shall take one of the following actions:
(1)If a majority protest exists in accordance with Section 57078 of the Government Code, the commission shall terminate proceedings.
(2)If no majority protest exists, the commission shall either:
(A)Order the formation without an election.
(B)Order the formation subject to the approval by the voters of a special tax or the approval by the property owners of a special benefit assessment.
(d)If
the local agency formation commission orders the formation of a district pursuant to subparagraph (B) of paragraph (2) of subdivision (c), the commission shall direct the board of supervisors to direct county officials to conduct the necessary elections on behalf of the proposed district.