SECTIONS 58090-58110 - California Statutes

GOVERNMENT CODE

SECTION 58090-58110

58090. The supervising authority shall fix the time and place for
the final hearing on the petition and shall order the clerk to give
notice of the hearing.

58091. The notice of final hearing shall state:
(a) The name and nature of the district.
(b) That the petition may be inspected at the clerk's office.
(c) The boundaries of the proposed district and the estimated
initial annual special ad valorem tax rate to the taxable property
within the proposed district as computed based on the verified
information provided pursuant to subdivision (d) of Section 58034 of
this code.
(d) The time and place for the final hearing.
(e) That protests will be considered at the hearing.
(f) That written requests for exclusion from or inclusion of land
in the proposed district will be heard and considered.

58092. The clerk shall give notice of the final hearing.

58093. The supervising authority is not deprived of jurisdiction to
proceed with the hearing, and no action on the petition is invalid,
because of clerical error in the notice.

58094. If the notice is materially defective, the supervising
authority shall reset the hearing and cause new notice to be given.

58095. If the supervising authority determines that the petition
does not comply with the law, the matter may be dismissed without
prejudice to the right to present a new petition on the same matter.

58096. A finding by the supervising authority in favor of the
genuineness and sufficiency of the petition and notice is conclusive
against all persons except the State in a proceeding brought by the
Attorney General within one year after the order establishing and
describing the boundaries of the district.

58097. Oral or written protest may be made at the hearing by any
person interested in the formation of the proposed district.

58098. Any protest to the regularity or sufficiency of the
proceedings shall be written and shall clearly set forth the defects
to which objection is made.

58099. Written protests shall be filed with the clerk on or before
the time fixed for the final hearing.

58100. The hearing may be continued from time to time not exceeding
60 days.

58101. At the hearing any owner of land in the proposed district
may present to the supervising authority a written request for
exclusion of all or part of such land.

58102. At the hearing any owner of land outside the proposed
district may present to the supervising authority a written request
for inclusion of such land.

58103. If the supervising authority finds that protest has been
made, prior to the supervising authority's final determination for
formation, by the owners of real property within the proposed
district the assessed value of which, as shown by the last equalized
assessment roll, constitutes more than one-half of the total assessed
value of the real property within the proposed district, the
proceeding shall terminate. The supervising authority shall order the
proceedings terminated when such protests are received.

58104. The supervising authority shall not consider a petition or
other proceedings for the formation of the same district for the same
project until after one year from the order of termination.

58105. If at the final hearing the supervising authority determines
that the project is feasible, economically sound, and for the public
interest, it shall fix the boundaries of the proposed district.

58105.1. If at the final hearing the supervising authority
determines that the project, or the proposed district as its
boundaries are described in the petition or as changed by the
supervising authority as hereafter provided, is infeasible, not
economically sound, or not for the public interest, it may terminate
the proceedings.

58106. At the final hearing the supervising authority shall exclude
any land which it finds will not be benefited by the proposed
project and shall make a specific finding as to each parcel of land
with respect to which a written request for exclusion has been
presented on the question of whether it will or will not be benefited
by the proposed project. In making such finding the supervising
authority shall consider present use of such land, reasonable
prospective use, topography, the nature of the proposed improvements,
and any other pertinent factors. The present use of lands for
rights-of-way for railroads, power and communication lines, or other
public utility facilities shall be presumed by the supervising
authority to be permanent.
The supervising authority may include any land if it finds that
the land will be benefited and that its inclusion will be to the
interest of the district.
If lands are excluded by the supervising authority pursuant to
this section, such lands shall not thereafter be annexed to or
included in the district in the absence of a finding, based on
substantial evidence, of a change in the circumstances upon which the
decision to exclude such lands was based.

58107. The supervising authority may make such inclusion upon the
owner's application or upon giving him notice of and hearing on the
inclusion.

58108. The clerk shall publish notice of inclusion and mail it,
postage prepaid, to the address of the owner of such land as shown by
the last equalized county assessment roll and to any person who has
filed with the clerk his name, address, and a description of land in
which he has a legal or equitable interest.

58109. The notice shall describe the land proposed to be included
and state the time and place at which objections to inclusion will be
heard.

58110. If the supervising authority determines that the district
should be established, by resolution it shall fix and describe the
boundaries, and designate a name for, the district. The name may be
that proposed in the petition or any other name the supervising
authority selects.