2005 California Government Code Sections 61010-61014 CHAPTER 2. FORMATION

GOVERNMENT CODE
SECTION 61010-61014

61010.  A new district may be formed pursuant to this chapter.
61011.  (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. In addition, the petition shall do all of the following:
   (1) State which of the services listed in Section 61100 it is
proposed that the district be authorized to provide upon formation.
   (2) Set forth the proposed methods, including, but not limited to,
special taxes, benefit assessments, and fees, by which the district
will finance those services.
   (3) Propose a name for the district.
   (4) Specify the method of selecting the initial board of
directors, as provided in Chapter 1 (commencing with Section 61020)
of Part 2.
   (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 5. In the
case of any conflict between that chapter and this chapter, the
provisions of this chapter 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.
61012.  (a) Before circulating any petition, the proponents shall
publish a notice of intention which shall include a written statement
not to exceed 500 words in length, setting forth the reasons for
forming the district, the proposed services that the district will
provide, and the proposed methods by which the district will be
financed. The notice shall be published pursuant to Section 6061 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 notice shall be signed by one or more of the proponents,
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 proposed service(s) that the district will provide are:
____________. The proposed method(s) by which the district will
finance those services 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 or newspapers
in which the notice was published certifying to the fact of the
publication.
   (d) After the filing required by subdivision (c), the petition may
be circulated for signatures.
61013.  (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, city, or special district that contains any of the
territory proposed to be included in the district. Except for the
provisions regarding the signers, the signatures, and the proponents,
a resolution of application shall contain all of the matters
specified for a petition in Section 61011.
   (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 in one or more
newspapers of general circulation within the county, city, or special
district. 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) 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.
61014.  (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.
   (b) Notwithstanding any other provision of law, a local agency
formation commission shall not approve a proposal that includes the
formation of a district unless the commission determines that the
proposed district will have sufficient revenues to carry out its
purposes.
   (c) Notwithstanding subdivision (b), a local agency formation
commission may approve a proposal that includes the formation of a
district where the commission has determined that the proposed
district will not have sufficient revenue provided that the
commission conditions its approval on the concurrent approval of
special taxes or benefit assessments that will generate those
sufficient revenues. In approving the proposal, the commission shall
provide that, if the voters or property owners do not approve the
special taxes or benefit assessments, the proposed district shall not
be formed.
   (d) If the local agency formation commission approves the proposal
for the formation of a district, then the commission shall proceed
pursuant to Part 4 (commencing with Section 57000) of Division 3 of
Title 5.
   (e) Notwithstanding Section 57075, the local agency formation
commission shall take one of the following actions:
   (1) If a majority protest exists in accordance with Section 57078,
the commission shall terminate proceedings.
   (2) If no majority protest exists, the commission shall do either
of the following:
   (A) Order the formation subject to the approval by the voters.
   (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, pursuant to subdivision (c).
   (f) If the local agency formation commission orders the formation
of a district pursuant to paragraph (2) of subdivision (e), the
commission shall direct the board of supervisors to direct county
officials to conduct the necessary elections on behalf of the
proposed district.


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