Section § 61010

Explanation

This law states that under certain rules in this chapter, a new district can be created.

A new district may be formed pursuant to this chapter.

Section § 61011

Explanation

If you want to create a new district, you can start with a petition. This petition must outline everything required by Section 56700 and include specific details like the services the new district will offer, how it'll finance those services through taxes or fees, a proposed name for the district, and how the board of directors will be chosen. At least 25% of registered voters in the proposed district area must sign this petition. The rules for petitions and checking their validity follow certain guidelines, with this law's rules taking precedence if there's any conflict.

(a)CA Government Code § 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)CA Government Code § 61011(a)(1) State which of the services listed in Section 61100 it is proposed that the district be authorized to provide upon formation.
(2)CA Government Code § 61011(a)(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)CA Government Code § 61011(a)(3) Propose a name for the district.
(4)CA Government Code § 61011(a)(4) Specify the method of selecting the initial board of directors, as provided in Chapter 1 (commencing with Section 61020) of Part 2.
(b)CA Government Code § 61011(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)CA Government Code § 61011(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.

Section § 61012

Explanation

If you're starting a new district in California, you must first publish a detailed notice explaining why you're forming the district, what services it will offer, and how it'll be funded. This notice can't be longer than 500 words and must appear in newspapers that people in the proposed district area read. If your district covers more than one county, you need to publish the notice in at least one county paper for each county involved.

The notice has to be signed by one or more of the project supporters and should follow a specific format, clearly stating the intent to start collecting petition signatures for the new district.

Within five days of publishing the notice, you need to send a copy along with a proof of publication to the local agency's executive officer in the main county involved. Once you complete this filing, you can start gathering signatures for your petition.

(a)CA Government Code § 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)CA Government Code § 61012(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)CA Government Code § 61012(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)CA Government Code § 61012(d) After the filing required by subdivision (c), the petition may be circulated for signatures.

Section § 61013

Explanation

This law explains how a new district can be formed in California. A county, city, or special district can propose forming a new district by passing a resolution. This resolution must include everything that a petition would, but doesn't need signers. Before passing the resolution, the legislative body must hold a public hearing and notify the public and relevant officials about it. They need to publish the hearing notice in a newspaper widely read in the area. At least 20 days before the hearing, the legislative body must send notice to the local agency formation commission's executive officer. After passing the resolution, the clerk must file a certified copy with the commission's executive officer.

(a)CA Government Code § 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)CA Government Code § 61013(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)CA Government Code § 61013(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.

Section § 61014

Explanation

This law outlines the process and conditions for forming a new district through a local agency formation commission. First, the commission reviews petitions or resolutions and follows specific procedures. A district cannot be approved unless it has enough funding to function. If not, the formation is contingent upon voters approving special taxes or assessments to provide the needed revenue. If voters or property owners reject these, the district will not be created.

If the proposal is approved, further procedures follow for establishing the district. A significant opposition (majority protest) will terminate proceedings. Without significant opposition, the district's creation is subject to voter approval, either as a standalone decision or tied to approving new taxes or assessments. If formation is ordered, elections must be held to finalize this process.

(a)CA Government Code § 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)CA Government Code § 61014(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)CA Government Code § 61014(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)CA Government Code § 61014(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)CA Government Code § 61014(e) Notwithstanding Section 57075, the local agency formation commission shall take one of the following actions:
(1)CA Government Code § 61014(e)(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.
(2)CA Government Code § 61014(e)(2) If no majority protest exists, the commission shall do either of the following:
(A)CA Government Code § 61014(e)(2)(A) Order the formation subject to the approval by the voters.
(B)CA Government Code § 61014(e)(2)(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)CA Government Code § 61014(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.

Section § 61014.5

Explanation

This law lets Monterey County skip the usual election process when creating the East Garrison Community Services District if there are no voters or landowners who aren't government entities. The local agency can go ahead and form the district and have the Monterey County Board of Supervisors choose the first board members.

Notwithstanding Section 61014, in the case of the proposed formation of the East Garrison Community Services District, if the Local Agency Formation Commission of Monterey County finds that the affected territory contains no registered voters and no landowners that are not public agencies, the Local Agency Formation Commission of Monterey County may, as a term and condition of approving the formation, dispense with an election, complete the proceedings for the formation of the East Garrison Community Services District, and order the Board of Supervisors of the County of Monterey to designate the members of the initial board of directors pursuant to Section 61029.5.