Resource Conservation DistrictsInitiation
Section § 9161
This law allows for the creation of a new district. To start the process, either registered voters need to submit a petition, or an official body must adopt a resolution to apply.
Section § 9162
To form a new district, a detailed petition is required. The petition must include a statement of the proposal to form the district, describe the district's boundaries, explain funding methods, and state the reasons for its formation. A proposed name for the district should be included, along with the names and addresses of up to three chief petitioners. It should also declare whether the formation aligns with the plans of any nearby cities or districts and specify the number of board members and how they will be chosen.
Section § 9163
If you want to create a new district, you need to publish a notice stating why the district should be formed. This notice can't be longer than 500 words and must be published in newspapers in the area where the district is proposed. If the area spans multiple counties, the notice has to appear in each one.
The notice has to be signed by up to three main petitioners and follow a specific format, stating the intent to circulate a petition for forming a district and the reasons behind it.
Within five days of publishing, the main petitioners must file a copy of this notice, along with a proof of publication, with the local agency formation commission's executive officer in the principal county. Once this is done, they can start gathering signatures for the petition.
Section § 9164
This law requires that a petition to include an area in a district must be signed by at least 10% of the registered voters in that area. The process for signing and formatting the petition follows guidelines from specific sections of the Elections Code.
Section § 9165
This law explains that a petition can either be one single document or multiple parts. The main person or people submitting the petition must file it, along with all its parts, with the local agency formation commission's executive officer in the main county. This filing must happen within six months after they have filed an affidavit as described in another related law section.
Section § 9166
This section outlines the process for handling petitions that are filed with a local agency formation commission. First, within 30 days of a petition being filed, the executive officer must examine it and issue a certificate stating whether it has enough valid signatures. If the petition lacks sufficient signatures, the officer will notify the chief petitioners by certified mail, specifying how many more signatures are needed.
The petitioners then have 15 days to submit additional signatures in a supplemental petition. Once that is submitted, the executive officer has 10 days to review and certify the supplemental petition. After examination, the officer signs and dates a certificate of sufficiency, which states the signature requirements and outcome of the review, and sends it to the chief petitioners.
Section § 9167
This law explains how a new district can be proposed by a county or city government. It starts with the adoption of a 'resolution of application' by the local government, which must include certain details similar to a proposal petition, found in Section 9162. However, this resolution does not need signatures. Before it is submitted, the legislative body must hold a public hearing, allowing the community to express their opinions on the proposal.
The public must be informed of the hearing through a newspaper announcement following certain guidelines. After the hearing, a certified copy of the resolution must be filed with the local agency formation commission by the legislative body's clerk.
Section § 9168
This law states that when chief petitioners submit an adequate petition or a legislative body submits a resolution, the local agency formation commission must follow specific procedures outlined in another part of the Government Code. These procedures begin with Section 56825.