SECTIONS 56859-56863 - California Statutes

GOVERNMENT CODE

SECTION 56859-56863

56859. Proceedings for the formation of a district shall be
conducted as authorized in the principal act of the district proposed
to be formed and Section 56100.

56860. If a proposal for formation of a new district is made by
petition, the petition shall comply with the signature requirements
and content of a petition for formation of the district as set forth
in the principal act under which the new district is proposed to be
formed.

56860.5. If a petition is for consolidation of districts or
formation of a new district, the petition may propose a name for the
new or consolidated district.

56861. (a) Within 10 days after receiving a proposal to form a
subsidiary district, the executive officer shall notify by certified
mail the district or districts which are the subject of the proposal.
(b) Within 35 days after receiving the notice from the executive
officer, the board of directors of the subject district or districts
may do either of the following:
(1) Adopt a resolution consenting to the subsidiary district
proposal, with or without requesting additional terms and conditions.
(2) Adopt a resolution of intention to file an alternative
proposal to the subsidiary district proposal.
(c) Any resolution adopted under paragraph (1) or (2) of
subdivision (b) shall immediately be filed with the executive
officer.

56862. (a) If a district files a resolution of intention to file an
alternative proposal pursuant to paragraph (2) of subdivision (b) of
Section 56861, the executive officer shall take no further action on
the original proposal to form a subsidiary district for a period of
70 days. During this period, the district which has filed a
resolution of intention shall prepare and submit a completed
application for the alternative proposal in a form similar to the
original proposal, as prescribed by the commission.
(b) A district which has filed a resolution of intention to file
an alternative proposal but which does not file a completed
application within the prescribed time period, shall be deemed to
have consented to the original proposal to form a subsidiary
district.
(c) After receiving an alternative proposal, the executive officer
shall analyze and report on both the original proposal and the
alternative proposal concurrently and set both for hearing by the
commission in order that both proposals may be considered
simultaneously at a single hearing.
(d) "Alternative proposal," as used in this section, means an
alternative proposal to a subsidiary district proposal as provided
for in Section 56861.

56863. (a) Within 35 days following the conclusion of a hearing on
an original and an alternative proposal to form a subsidiary
district, the commission shall adopt its resolution of determination,
which shall do one of the following:
(1) Deny both the original proposal and the alternative proposal.
(2) Approve one proposal and deny the other.
(b) "Alternative proposal," as used in this section, means an
alternative proposal to a subsidiary district proposal as provided
for in Section 56861.