A new district may be formed pursuant to this chapter.
Public Cemetery DistrictsFormation
Section § 9010
This law states that under certain rules in this chapter, a new district can be created.
new district formation district creation district establishment
Section § 9011
This law section is about creating a new district in California through a petition. The petition must outline how the district will be funded, suggest a name, and detail the size and appointment of the initial board of trustees. It also must be signed by at least 25% of the registered voters in the proposed district area. Procedures must align with existing government guidelines, but if there's a conflict, this specific chapter's rules take precedence.
(a)CA Health & Safety Code § 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)CA Health & Safety Code § 9011(a)(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)CA Health & Safety Code § 9011(a)(2)
Propose a name for the district.
(3)CA Health & Safety Code § 9011(a)(3)
Specify the size of the initial board of trustees and the method of their appointment.
(b)CA Health & Safety Code § 9011(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)CA Health & Safety Code § 9011(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.
district formation petition requirements district financing
Section § 9012
If you want to form a new district, you first need to publish a notice of your intention. This notice must include a statement, up to 500 words, explaining why the district should be created and how it will be funded. The notice needs to be published in a newspaper that's widely read in the area that will become the district. If the area is in more than one county, publish it in a newspaper in each county.
Afterward, a representative must sign a Notice of Intent to Circulate Petition. This notice must state why the district is being formed and detail the funding methods.
Within five days of publishing the notice, file a copy with the local agency formation commission and include an affidavit from the newspaper confirming the publication happened. Only after this step can you start collecting signatures for the petition.
(a)CA Health & Safety Code § 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)CA Health & Safety Code § 9012(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)CA Health & Safety Code § 9012(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)CA Health & Safety Code § 9012(d)
After the filing required pursuant to subdivision (c), the petition may be circulated for signatures.
forming a district publish notice notice of intention
Section § 9013
This statute outlines how a county or city can propose the creation of a new district through a resolution. The legislative body must adopt a resolution that includes similar details required for a petition, as described in another section, except concerning signers and proponents. Before passing the resolution, a public hearing must be held; notice of this hearing must be published in local newspapers and mailed to relevant officials at least 20 days in advance, along with a description of the proposed district.
During the hearing, community members can express their opinions. Afterward, a certified copy of the resolution must be submitted to the local agency formation commission's executive officer.
(a)CA Health & Safety Code § 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)CA Health & Safety Code § 9013(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)CA Health & Safety Code § 9013(c)
At the hearing, the legislative body shall give any person an opportunity to present his or her views on the resolution.
(d)CA Health & Safety Code § 9013(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.
new district formation legislative body proposal resolution adoption
Section § 9014
This law outlines the process for forming a new district in California through a local agency formation commission. First, a sufficient petition or a resolution is needed to start the process. The commission must ensure that forming the district is in the public interest and that the district will have enough money to function. However, even without sufficient funds, the commission can propose forming the district if voters or property owners agree to special taxes or assessments to raise the needed money. If such financial measures fail, the district won't be formed. If there's significant public opposition, determined through a protest, the plan is canceled. If not, the formation may proceed with voter approval or financial conditions. Ultimately, if the formation is ordered, county officials will conduct elections related to the district's formation.
(a)CA Health & Safety Code § 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)CA Health & Safety Code § 9014(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)CA Health & Safety Code § 9014(b)(1)
That the public interest requires the formation of the proposed district.
(2)CA Health & Safety Code § 9014(b)(2)
That the proposed district will have sufficient revenues to carry out its purposes.
(c)CA Health & Safety Code § 9014(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)CA Health & Safety Code § 9014(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)CA Health & Safety Code § 9014(e)
Notwithstanding Section 57075 of the Government Code, the local agency formation commission shall take one of the following actions:
(1)CA Health & Safety Code § 9014(e)(1)
If a majority protest exists in accordance with Section 57078 of the Government Code, the commission shall terminate proceedings.
(2)CA Health & Safety Code § 9014(e)(2)
If no majority protest exists, the commission shall either:
(A)CA Health & Safety Code § 9014(e)(2)(A)
Order the formation subject to the approval by the voters.
(B)CA Health & Safety Code § 9014(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 Health & Safety Code § 9014(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.
district formation local agency formation commission public interest
