2005 California Health and Safety Code Sections 20025-20036 Article 2. Petition and Formation

20025.  Any unincorporated town may, pursuant to this article, be
formed into a district to protect and safeguard life and property and
may equip and maintain a police department, including purchasing and
maintaining ambulances, and otherwise securing police protection.
20026.  Proceedings for the formation of a district are initiated
whenever fifty or more persons who are taxpayers and residents of an
unincorporated town present a petition to, and at a regular meeting
of, the board of the county in which the town is situated.
   The petition shall contain:
   (a) A statement of the name and boundaries of the proposed
district.
   (b) A request for the formation of the district.
20027.  The board shall fix a time and place for hearing the
petition and all protests against it.  The hearing shall be not less
than twenty-five nor more than thirty days after the date of the
presentation of the petition.
20028.  At least seven days before the date set for the hearing, the
clerk of the board shall post notices of the presentation and
hearing of the petition in three of the most public places in the
proposed district.  The notices shall be headed, "Notice of the
Proposed Formation of ____ Police Protection District" (stating the
name of the proposed district), in letters not less than one inch in
height.  They shall set forth in legible characters:
   (a) The fact and date of the presentation of the petition.
   (b) The time and place set for hearing the petition and protests.
   (c) The boundaries of the proposed district.
   (d) A reference to the petition for further particulars.
20029.  The clerk of the board shall also publish a notice, similar
in substance to the notices required to be posted, at least once a
week for two consecutive weeks in a newspaper of general circulation
printed and published in the county in which the proposed district is
situated and designated by the board.  The publication during the
second week shall be made at least seven days before the date set for
the hearing.
20030.  Any person interested in the proposed district who has any
objection to its formation or extent, or to the inclusion of his
property, may file a written protest setting forth his objection with
the clerk of the board at or before the time set for hearing the
petition.
   The clerk shall note on each protest the date of its receipt by
him, and shall present the protest to the board at the time fixed for
the hearing.
20031.  The board shall hear and pass upon the petition and every
protest at the time fixed in the notices of hearing, or at any time
to which the hearing may be continued.
20032.  If any protest filed sets forth an objection to the extent
of, or the inclusion of property in, the proposed district, the board
at the hearing shall define and establish the boundaries.  To that
end, it may make such changes in the proposed boundaries of the
district as it finds are proper and advisable.  However, it shall
not:
   (a) Extend the proposed boundaries.
   (b) Modify the proposed boundaries so as to exclude from the
district any territory which will be substantially benefited by the
district.
   (c) Include any territory which will not, in its judgment, be
benefited by the district.
   (d) Include any precinct area when two-thirds of the persons who
are registered voters therein petition the board to exclude that
area.
20032.1.  In the event that two-thirds of the persons who are
registered voters in one or more precinct areas within the proposed
district, petition the board to exclude their precinct area or
precinct areas pursuant to Section 20032, the board shall thereupon
determine whether the remaining precinct areas in the proposed
district would constitute a feasible unit for a district.
   (a) If the board determines that the remaining precinct areas
would constitute a feasible unit for a district, it shall proceed in
accordance with this chapter.
   (b) If the board determines that the remaining precinct areas
would not constitute a feasible unit for a district, it may reject
the formation petition and all proceedings thereupon shall be
terminated.
20033.  The board acquires jurisdiction to proceed further pursuant
to this chapter at the time fixed for the hearing of the petition, if
no protest is filed; or after the boundaries of the proposed
district are defined and established, if a protest is filed.
20034.  Within 30 days after acquiring jurisdiction to proceed
further, the board shall by resolution call an election as provided
in Article 2.5 of this chapter.
20036.  The order establishing the district shall be entered in the
minutes of the board and shall be prima facie evidence of:
   (a) The presentation of a proper petition to the board.
   (b) The fact that at the time he signed the petition and at the
time of its presentation each petitioner was a taxpayer and resident
of the territory occupied by the district.
   (c) The fact and regularity of all prior proceedings required by
this article.