Section § 9161

Explanation

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.

(a)CA Public Resources Code § 9161(a) A new district may be formed pursuant to this chapter.
(b)CA Public Resources Code § 9161(b) A proposal to form a district may be made by a petition of registered voters or by the adoption of a resolution of application.

Section § 9162

Explanation

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.

A proposal to form a new district may be made by petition which shall do all of the following:
(a)CA Public Resources Code § 9162(a) State that the proposal is made and request that proceedings be taken for the formation pursuant to this chapter.
(b)CA Public Resources Code § 9162(b) Set forth a description of the boundaries of the territory to be included in the district.
(c)CA Public Resources Code § 9162(c) Set forth the methods by which the district will be financed.
(d)CA Public Resources Code § 9162(d) State the reasons for forming the district.
(e)CA Public Resources Code § 9162(e) Propose a name for the district.
(f)CA Public Resources Code § 9162(f) Designate not more than three persons as chief petitioners, setting forth their names and mailing addresses.
(g)CA Public Resources Code § 9162(g) State whether the formation is consistent with the sphere of influence of any affected city or affected district.
(h)CA Public Resources Code § 9162(h) Specify the number of members, whether five, seven, or nine, of the initial board of directors and the method of their selection, as provided by Article 4 (commencing with Section 9201).

Section § 9163

Explanation

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.

(a)CA Public Resources Code § 9163(a) Before circulating any petition, the chief petitioners 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 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 § 9163(b) The notice shall be signed by at least one, but not more than three, chief petitioners 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 the proposal are: ____.‛
(c)CA Public Resources Code § 9163(c) Within five days after the date of publication, the chief petitioners 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 publication.
(d)CA Public Resources Code § 9163(d) After the filing required pursuant to subdivision (c), the petition may be circulated for signatures.

Section § 9164

Explanation

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.

The petition shall be signed by not less than 10 percent of the registered voters residing in the area to be included in the district, as determined by the local agency formation commission pursuant to subdivision (h) of Section 56375 of the Government Code. Sections 100 and 104 of the Elections Code shall govern the signing of the petition and its format.

Section § 9165

Explanation

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.

A petition may consist of a single instrument or separate counterparts. The chief petitioner or petitioners shall file the petition, including all counterparts, with the executive officer of the local agency formation commission of the principal county within six months of the date on which the chief petitioner or petitioners filed the affidavit with the executive officer pursuant to subdivision (c) of Section 9163.

Section § 9166

Explanation

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.

(a)CA Public Resources Code § 9166(a) Within 30 days after the date of filing a petition, the executive officer of the local agency formation commission shall cause the petition to be examined and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers.
(b)CA Public Resources Code § 9166(b) If the certificate of the executive officer shows the petition to be insufficient, the executive officer shall immediately give notice by certified mail of the insufficiency to the chief petitioners. That mailed notice shall state in what amount the petition is insufficient. Within 15 days after the date of the notice of insufficiency, the chief petitioners may file with the executive officer a supplemental petition bearing additional signatures.
(c)CA Public Resources Code § 9166(c) Within 10 days after the date of filing a supplemental petition, the executive officer shall examine the supplemental petition and certify in writing the results of his or her examination.
(d)CA Public Resources Code § 9166(d) The executive officer shall sign and date a certificate of sufficiency. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the executive officer’s examination. The executive officer shall mail a copy of the certificate of sufficiency to the chief petitioners.

Section § 9167

Explanation

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.

(a)CA Public Resources Code § 9167(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 which contains territory proposed to be included in the district. Except for the provisions regarding signers and signatures, a resolution of application shall contain all of the matters specified for a petition in Section 9162. Before submitting a resolution of application, the legislative body shall conduct a public hearing on the resolution.
(b)CA Public Resources Code § 9167(b) 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.
(c)CA Public Resources Code § 9167(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 § 9167(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.

Section § 9168

Explanation

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.

Once the chief petitioners have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission shall proceed pursuant to Chapter 5 (commencing with Section 56825) of Part 3 of Division 3 of Title 5 of the Government Code.