Unless the board of supervisors proceeds pursuant to Section 55161, the board of supervisors shall, by ordinance or resolution adopted at a regular or special meeting after having acquired jurisdiction to proceed in the formation of a district, provide for and order the holding of a special election in the proposed district to submit to the qualified voters thereof the proposition of forming the district and incurring a debt by the issuance of bonds of the district for the purposes set forth in the petition for the formation of the district, if a bonded indebtedness is to be incurred.
FormationElection
Section § 55180
If the board of supervisors doesn't follow a different procedure (Section 55161), it must arrange a special election to decide whether to create a new district. This election, held after they have the legal authority, will ask voters if they agree to form the district and take on debt through district bonds to fund the reasons stated in the formation petition.
board of supervisors special election district formation
Section § 55181
This law requires that when a special election is called for incurring debt for improvements, the ordinance or resolution must outline the purpose and details of the debt. This includes the cost of improvements, the debt amount, interest rate, and how and when the election will be conducted.
The ordinance or resolution calling the special election shall also recite the objects and purposes for which any proposed indebtedness is to be incurred, the estimated cost of the proposed improvement, the amount of the principal of the indebtedness to be incurred therefor, and the rate of interest to be paid on the indebtedness, and shall fix the date on which the special election shall be held, the manner of holding it, and the manner of voting for or against the proposition.
special election proposed indebtedness improvement cost
Section § 55182
This law section says that if it's specified in a formation petition that taxes will only be charged on land within a district, then the board of supervisors must include this statement in all official documents like resolutions, ordinances, or orders related to that formation.
If a statement is made in the formation petition that taxes shall be levied upon the land within the district and upon no other property, the board of supervisors shall recite the statement in any resolution, ordinance, or order adopted or entered pursuant to this chapter.
formation petition taxes on land district taxation
Section § 55183
This law requires the board of supervisors to set up voting precincts and polling places for an election concerning a proposed district. They must also appoint an inspector, a judge, and a clerk for each precinct.
For the purposes of the election, the board of supervisors shall, in the ordinance or resolution, establish one or more precincts within the boundaries of the proposed district, designate a polling place, and appoint one inspector, one judge and one clerk for each precinct.
board of supervisors election precinct polling place
Section § 55184
This law explains that when an election is scheduled, the official order for the election must be made public before the election date. It should be published in a newspaper widely read in the county, chosen by local officials, and posted in three prominent places in the area at least 10 days before the election. No other types of notices are required.
The ordinance or resolution ordering the holding of the election shall, prior to the date set for the election, be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation printed and published in the county and designated by the board of supervisors for that purpose, and shall be posted in three of the most public places in the proposed district at least 10 days prior to the date set for the election. No other notice of the election need be given.
election order publication newspaper of general circulation county newspaper
Section § 55184.1
This law outlines the process for notifying relevant authorities about a district formation election in California. Within five days of calling such an election, the legislative body must send a written notice, via registered mail, to the executive officer of the local agency formation commission. This notice should include the name and description of the proposed district and can be a certified copy of the resolution calling the election.
The executive officer then has five days to provide an impartial analysis of the district for commission review. This analysis must include a description of the district's boundaries and be under 500 words. Following this, the commission has another five days to approve or revise the analysis and send it back to the officials responsible for the election.
Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election.
The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed.
The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election.
district formation election legislative body notification procedures
Section § 55184.2
This law allows the board of supervisors, authorized members, individual voters, or associations of citizens to submit written arguments for or against forming a new district. These arguments must be concise, no longer than 300 words, and submitted at least 54 days before the election deciding on the district's formation.
The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election.
district formation board of supervisors voter arguments
Section § 55184.3
When there are multiple arguments for or against forming a new district, election officials must choose one argument to share with voters. They prioritize arguments by first considering those from the board of supervisors or its members. Next, they consider arguments from individual voters or genuine civic groups.
If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters.
In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following:
(a)CA Water Code § 55184.3(a) The board of supervisors or any member or members of the board authorized by the board.
(b)CA Water Code § 55184.3(b) Individual voters or bona fide associations of citizens or a combination of such voters and associations.
district formation election officials argument selection
Section § 55184.4
When there's an election for forming a new district, officials must send a ballot pamphlet to every voter eligible to vote on this issue. This pamphlet needs to include the full text of the proposal, an unbiased analysis by a local commission, as well as arguments for and against the district's creation. Voters should receive the pamphlet at least ten days before the election. This pamphlet is considered 'official matter' as mentioned in the Elections Code.
The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following in the order prescribed:
(a)CA Water Code § 55184.4(a) The complete text of the proposition.
(b)CA Water Code § 55184.4(b) The impartial analysis of the proposition prepared by the local agency formation commission.
(c)CA Water Code § 55184.4(c) The argument for the proposed district formation.
(d)CA Water Code § 55184.4(d) The argument against the proposed district formation.
The election officials shall mail a ballot pamphlet to each voter entitled to vote in the district formation election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.
district formation election ballot pamphlet voter notification
Section § 55185
If an ordinance or resolution doesn't cover specific election details, follow the same rules used for general elections in the county.
In all particulars not recited in the ordinance or resolution, the election shall be held as provided by law for holding general elections in the county.
ordinance resolution election procedures
Section § 55186
This law states that if most people vote to create a district and agree to take on debt through bonds, the board of supervisors will officially record this decision and declare the district formed. Then, the board can issue bonds for the approved amount, which will be paid from the district's funds as outlined by the law.
If at the election a majority of the votes cast are in favor of the formation of the district and the incurring of the bonded indebtedness, if any is proposed, the board of supervisors shall enter an order to that effect upon its minutes, declaring the district formed, and the board may thereupon issue bonds of said district for the amount specified in the proceedings, payable out of funds of the district, provided as prescribed in this division.
district formation majority vote bonded indebtedness
Section § 55186.5
The county clerk must quickly file a certificate with the Secretary of State after a new district is formed. This certificate must include the district's name, the formation date, and the county, along with a description or map of the district's boundaries. If the formation order already contains this information, the clerk can file it instead of a separate certificate.
The county clerk of the county shall immediately file with the Secretary of State a certificate listing:
(a)CA Water Code § 55186.5(a) The name of the district.
(b)CA Water Code § 55186.5(b) The date of formation.
(c)CA Water Code § 55186.5(c) The county in which the district is located, and a description of the boundaries of the district, or reference to a map showing such boundaries, which map shall be attached to the certificate, or reference to the county recorder’s office where a description of such boundaries has been recorded.
If the order declaring the district formed contains all of the information required to be in the certificate, the county clerk may file a copy of the order in lieu of the certificate.
county clerk responsibilities Secretary of State filing district formation
Section § 55187
This law ensures that actions taken by a county waterworks district related to forming a district, expanding it by annexation, or handling the district's bonds can be confirmed and made legally effective. The board can direct the clerk to send a notice to property owners in the district about these actions. Property owners have a 60-day period after the notice to contest the legitimacy of the district's formation, its expansion, or the bond decisions. If no objections are filed within this period, the decisions are deemed valid and cannot be challenged.
All acts and proceedings heretofore or hereafter taken by or on behalf of a county waterworks district for the formation of a district or for the annexation to an existing district and for the authorization, issuance, sale, or exchange of bonds of the district or for the annexed territory may be confirmed, validated, and declared legally effective in the manner provided in this section.
The board may instruct the clerk of the board to mail a notice to all owners of property within the county waterworks district, as their names and addresses appear on the last equalized county assessment roll, or as known to the clerk. Such notice shall include the name of the district, the date the district was ordered formed or the date of the annexation to an existing district, the amount of bonds authorized, and a statement that, commencing with the date of mailing of said notice there shall be a 60-calendar-day period during which period any property owner may file an action contesting the validity of the district’s formation, the annexation to an existing district or the bond authorization. The clerk shall make and file, with the board a certificate of mailing of the notices. The board may order the clerk to include such other additional information that it deems pertinent.
If no action is filed during the 60-day period, the district’s formation or the annexation to an existing district and the bond authorization are valid and uncontestable.
county waterworks district formation of district annexation
