2007 California Health and Safety Code Chapter 2. Formation

CA Codes (hsc:9010-9014)

9010.  A new district may be formed pursuant to this chapter.



9011.  (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 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.



9012.  (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 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.



9013.  (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 specified for a petition in Section
9011.
   (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, 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.



9014.  (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) 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 both of the
following:
   (1) That the public interest requires the formation of the
proposed district.
   (2) That the proposed district will have sufficient revenues to
carry out its purposes.
   (c) Notwithstanding paragraph (2) of 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 the approval on the approval by the voters of
special taxes or approval by the property owners of special benefit
assessments that will generate those sufficient revenues.  The
commission shall provide that if the voters do not approve the
special taxes or if the property owners do not approve the special
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, 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.
   (e) 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 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.