2005 California Government Code Sections 25210.10-25210.20 Article 2. Preliminary Proceedings

25210.10.  A county service area consisting of all or any part or
parts of the unincorporated area  of a county may be established
pursuant to this chapter.
25210.10a.  All or any part of a city may be included in the
formation of a county service area if a resolution of consent adopted
by a majority vote of the membership of the city legislative body is
filed with the clerk of the board of supervisors before the board
adopts its resolution of intention.
25210.10b.  The board of supervisors may credit to any county
service area comprising all or a portion of the unincorporated area
of the county all or a portion of such revenues, except county
general fund property tax revenues, which it deems to be generated
from that area.
25210.11.  Proceedings for the establishment of a county service
area may be instituted by the board of supervisors on its own
initiative and shall be instituted by the board when:
   (a) A written request therefor, signed by two members of the
board, describing the boundaries of the territory which is proposed
for inclusion in the area and specifying the type or types of
extended county services already provided or to be provided within
the area, is filed with the board; or
   (b) A written request therefor in the form of a resolution adopted
by a majority vote of the governing body of any city in the county
is filed with board of supervisors; or
   (c) A petition requesting the institution of such proceeding and
signed by the requisite number of registered voters is filed with the
board.  The petition may consist of any number of separate
instruments, each of which must comply with all the requirements of a
petition, except as to the number of signatures.
25210.12.  A petition requesting the institution of proceedings for
the establishment of a county service area shall:
   (a) Request the board of supervisors to institute proceedings to
establish a county service area pursuant to this chapter.
   (b) Describe the boundaries of the territory which is proposed for
inclusion in the area.
   (c) State the type or types of extended county services to be
provided within the area.
   (d) Be signed by not less than 10 percent of the registered voters
residing within the territory proposed to be included within the
area.  If the board of supervisors finds that the petition is signed
by the requisite number of registered voters residing within the
territory proposed to be included within the area, that finding shall
be final and conclusive.
25210.13.  (a) No proceedings shall be instituted by the board or
requested by its members, and no resolution by the governing body of
a city shall be considered by the board, and no petition shall be
circulated, until approval of the local agency formation commission
is first obtained pursuant to Chapter 6.6 (commencing with Section
54773), Part 1, Division 2, Title 5.
   (b) The local agency formation commission may make its approval
conditional upon a requirement that services to be provided will be
limited to those specified in the resolution of intention adopted by
the board pursuant to Section 25210.15, and that any authorization
for the provision of additional services, pursuant to Section
25210.31, shall be effective only upon approval thereof by the
commission.
25210.14.  Within 40 days after either a written request by two
members of the board, or a resolution by the governing body of a city
within the county, or a petition requesting the institution of
proceedings for the establishment of a county service area is filed
with it, the board of supervisors shall either adopt (1) a resolution
of intention to establish a county service area in the form
hereinafter specified, or (2) if authorized by the local agency
formation commission pursuant to Section 54797.1, a resolution
establishing a county service area without notice and hearing,
without an election, or both. Upon adoption of the resolution
establishing the county service area, the area shall be established
for all purposes, subject only to compliance with the requirements of
Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of
Title 5 and subject to the provisions of Article 2.5 (commencing
with Section 25210.21) of this chapter.
25210.15.  Proceedings for the establishment of a county service
area shall be instituted by the adoption of a resolution of intention
to establish the area which shall:
   (a) State that a county service area is proposed to be established
under the terms of this chapter in the unincorporated area of the
county, and describe the boundaries of the territory proposed for
inclusion in the area.
   (b) State the name proposed for the area in substantially the
following form:  "County Service Area No. ____."
   (c) State the type or types of extended county services already
provided or proposed to be provided within the area pursuant to this
chapter and state that, except where funds are otherwise available
from service charges collected pursuant to Section 25210.77a, a tax
sufficient to pay for all such services which are furnished on an
extended basis will be annually levied upon all taxable property
within such area.
   (d) Fix a time and place for a public hearing on the establishment
of the area which shall be not less than 30 nor more than 60 days
after the adoption of the resolution.
25210.16.  The clerk of the board of supervisors shall publish a
notice of the hearing pursuant to Section 6061 in a newspaper of
general circulation published in the county or if there is no
newspaper published in the county then it shall be published in a
newspaper of general circulation which is circulated in the area.
Publication shall be complete at least seven days prior to the date
of the hearing.
   The notice shall:
   (a) Contain the text of the resolution.
   (b) State the time and place for the hearing.
   (c) State that at the hearing the testimony of all interested
persons or taxpayers for or against the establishment of the area,
the extent of the area or the furnishing of specified types of
extended services will be heard.
25210.17.  At the hearing protests against the establishment of the
area, the extent of the area or the furnishing of specified types of
extended services within the area may be made orally or in writing by
any interested persons or taxpayers.  Any protests 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 board of supervisors on or before the time fixed for the
hearing.  The board of supervisors may waive any irregularities in
the form or content of any written protest and at the hearing may
correct minor defects in the proceedings.
   Written protests may be withdrawn in writing at any time before
the conclusion of the hearing.
25210.17a.  If 50 percent or more of the registered voters residing
within the territory proposed to be included in the area, or the
owners of one-half or more of the value of the land and improvements
in the territory proposed to be included in the area, as shown by the
last equalized assessment roll, file written protests against the
establishment of the area, the board shall abandon the proposed
establishment of the county service area.
   If such majority protest of the registered voters or of assessed
property owners is against only the furnishing of a specified type or
types of extended service within the area, those types of service
shall be eliminated from the resolution finally establishing the
area.
25210.18.  The hearing may be continued from time to time, but shall
be completed within 30 days.  At the conclusion of the hearing, the
board shall find and determine the extent to which the services
described in the resolution of intention are extended county
services.  After making the finding, the board may abandon the
proposed establishment of the county service area or may, after
passing upon all protests, determine to establish the area.  If the
board abandons the proposed establishment of the county service area,
the county services found by the board to be extended county
services shall not thereafter be provided to the area from general
funds of the county.  If the board determines to establish the area,
it shall by resolution so declare and finally determine and establish
the boundaries of the county service area and designate the types of
services to be performed therein and adopt a resolution either:
   (a) Declaring the area finally established without an election; or
   (b) Declaring the area established, subject to confirmation by the
voters of the proposed area on the question of establishment of the
area.
   In establishing the boundaries of the area, the board may alter
the exterior boundaries of the area to include less territory than
that described in the notice of the hearing but it may not include
any territory not described in the notice of the hearing.
   In designating the types of services to be performed in the county
service area, the board may eliminate one or more of the types of
services specified in the resolution of intention to establish the
area but may not include any types of services not specified in the
resolution of intention.
   Upon the adoption of a resolution establishing an area without an
election, the area is established for all purposes, subject only to
compliance with the requirements of Chapter 8 (commencing with
Section 54900) of Part 1 of Division 2 of Title 5 and subject to the
provisions of Article 2.5 (commencing with Section 25210.21.
25210.18a.  Any resolution adopted pursuant to Section 25210.18
declaring a county service area established subject to confirmation
by the voters upon the question thereof shall do all of the
following:
   (a) Call, provide for and give notice of a special election upon
the question.
   (b) Fix a date of election.
   (c) Provide for the question to be submitted to the voters.
   The election shall be held and conducted by the county and the
ballots canvassed in accordance with Article 1 (commencing with
Section 9100) of Chapter 2 of Division 9 of the Elections Code.
   After canvass of returns of an election on the question of
establishment of a county service area, the board of supervisors
shall adopt a resolution either (1) confirming the prior declaration
of establishment of the area and finally establishing the area, if a
majority of the votes cast upon the question are in favor of
establishment of the area, or (2) determining the prior declaration
of establishment defeated by failure to receive the required vote, in
which case the county services found by the board to be extended
county services shall not thereafter be provided to the area from
general funds of the county.
   Any resolution adopted pursuant to this section establishing a
county service area shall not be subject to Article 2.5  (commencing
with Section 25210.21).
   Upon adoption pursuant to this section of a resolution finally
establishing an area, the area is established for all purposes
subject only to compliance with Chapter 8 (commencing with Section
54900) of Part 1 of Division 2 of Title 5.
25210.19.  If prior to the adoption of the resolution finally
establishing the area the board of supervisors finds that the
proceedings prior thereto were valid and in conformity with the
requirements of this chapter, its determination shall be final and
conclusive upon all persons.
25210.20.  At the time of the adoption of the resolution of
intention to establish a county service area the board of supervisors
may direct each county officer who is or will be responsible for
providing one or more of the proposed types of extended services
within the area, if it is established, to study the proposed area and
at or before the time of the hearing file a report with the board
containing a brief description of such extended services by type
which will in his opinion be required to adequately meet the needs of
the area and his estimate of the cost of providing such extended
services.  The estimate shall also include the cost of providing any
services of the same type which in his opinion are already being
furnished within the area to the extent that such services are being
furnished on an extended basis.
   All such reports shall be made a part of the record of the hearing
on the resolution of intention to establish the area.