A new district may be formed pursuant to this article.
Recreation and Park DistrictsFormation
Section § 5782
This law states that a new district can be created according to the rules outlined in the article.
new district formation district creation rules for district formation
Section § 5782.1
This law explains how to propose the creation of a new district in California. To start, a petition must be filed with details like how the district will be funded, whether through taxes, assessments, or fees; a proposed name for the district; how the first board of directors will be chosen; and if the district can use eminent domain, which is the power to take private property for public use.
The petition process has to follow certain rules from the Government Code, but if there's any conflict, this law takes priority. Finally, to be valid, the petition needs signatures from at least 25% of registered voters in the proposed district area.
(a)CA Public Resources Code § 5782.1(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 do all of the following:
(1)CA Public Resources Code § 5782.1(a)(1) Set forth the methods by which the district will be financed, including, but not limited to, special taxes, benefit assessments, and fees.
(2)CA Public Resources Code § 5782.1(a)(2) Propose a name for the district.
(3)CA Public Resources Code § 5782.1(a)(3) Specify the method of selecting the initial board of directors, as provided in Article 4 (commencing with Section 5783).
(4)CA Public Resources Code § 5782.1(a)(4) Specify whether the district will have the power of eminent domain.
(b)CA Public Resources Code § 5782.1(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 article, the provisions of this article shall prevail.
(c)CA Public Resources Code § 5782.1(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 proposal petition requirements special taxes
Section § 5782.3
If you want to start a new district in California, you must first publish a notice explaining why you want to form the district and how it will be funded. This notice should not be more than 500 words and must be published in a local newspaper that covers the area where the district will be. If the district covers more than one county, make sure each county has a newspaper publication. The notice must be signed by a representative and follow a specific format.
After publishing the notice, you need to file a copy and an affidavit from the newspaper proving it was published with the local agency formation commission within five days. Only after doing this can you start collecting signatures for your petition.
(a)CA Public Resources Code § 5782.3(a) Before circulating any petition, the proponents shall publish a notice of intention that 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 Public Resources Code § 5782.3(b) The notice shall be signed by a representative of the proponent, and shall be in substantially the following form:
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 Public Resources Code § 5782.3(c) Within five days after the date of publication, the proponent 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 Public Resources Code § 5782.3(d) After the filing required pursuant to subdivision (c), the petition may be circulated for signatures.
petition circulation notice of intention district formation
Section § 5782.5
This section outlines how a county or city can propose the creation of a new district by passing a resolution of application. The resolution must contain most of the same information as a petition mentioned in another section, except for specifics about signers and proponents.
Before adopting this resolution, the county or city must hold a public hearing. They need to publish a notice in a local newspaper and mail notifications at least 20 days before the hearing to the relevant local agency. During the hearing, the public can share their thoughts on the proposal.
Finally, the clerk must file a certified copy of the resolution with the local agency's executive officer.
(a)CA Public Resources Code § 5782.5(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 5782.1.
(b)CA Public Resources Code § 5782.5(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 Public Resources Code § 5782.5(c) At the hearing, the legislative body shall give any person an opportunity to present his or her views on the resolution.
(d)CA Public Resources Code § 5782.5(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 resolution of application public hearing
Section § 5782.7
This law outlines the process for forming a new district. First, if there is a valid petition or resolution, the local agency formation commission must follow a specific procedure. Secondly, the commission can only approve the formation of a district if it will have enough money to operate. Finally, if a district doesn't have enough money, the commission can still approve its formation if a special tax or assessment that generates the money is also approved. If this tax or assessment is not approved by voters or property owners, the district cannot be created.
(a)CA Public Resources Code § 5782.7(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) and, notwithstanding Section 57007 of the Government Code, pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5 of the Government Code.
(b)CA Public Resources Code § 5782.7(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 Public Resources Code § 5782.7(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. 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.
district formation local agency formation commission sufficient revenues
