SECTIONS 49005-49017 - California Statutes

PUBLIC RESOURCES CODE

SECTION 49005-49017

49005. Any portion or portions of a county, whether contiguous or
noncontiguous, and whether the portion or portions include
incorporated or unincorporated territory, may be formed into a
garbage disposal district in the manner and under the proceedings set
forth in this chapter, except that less than the whole of any city
shall not be included in the district without unanimous consent of
the governing body of the city and no parcel of noncontiguous
territory which is less than a full subdivision or which contains
less than 10 privately owned acres may be included in any district.

49006. (a) The board of supervisors may determine, by resolution,
that a portion of the county is in need of facilities for the
disposal of garbage and should be formed into a district.
(b) Upon making the determination under subdivision (a), the board
of supervisors shall fix a time and a place for a hearing on the
matter of the formation of the district, which time shall be not less
than three weeks after the adoption of the resolution, and shall
direct the clerk of the board to publish a notice once a week for
three successive weeks in a newspaper which is circulated in the
territory that is proposed to be organized into a district and which
the board deems most likely to give notice to the inhabitants of the
territory.

49007. The notice shall state the fact that the board of
supervisors has fixed the time and place, which shall be stated in
the notice, for a hearing on the matter of the formation of a garbage
disposal district.

49008. The notice shall describe the territory or shall specify the
exterior boundaries of the territory proposed to be organized into a
district. So far as practicable, the boundaries shall be the center
lines of highways.

49009. At any time prior to the time fixed for a hearing of the
matter, any person interested may file with the clerk of the board
written objections to the formation of the district.
At the time and place fixed for the hearing or at any time to
which the hearing may be continued, the board of supervisors shall
consider and pass on all objections to the creation of the district,
or to the inclusion of any territory in the district.
At the hearing, the board of supervisors may exclude any territory
that, in the opinion of the board of supervisors, would not be
benefited by inclusion in the district.

49010. At the conclusion of the hearing, the board of supervisors
shall either adopt an order abandoning the creation of the proposed
district or shall, by resolution, order the matter of the creation of
the district, within the boundary lines determined upon at the
hearing, to be submitted to the voters registered in the proposed
district at an election to be called for that purpose.
At the election only voters registered in the proposed district
shall be permitted to vote.

49011. Election precincts shall be established by the board of
supervisors, and election boards composed of one inspector, one
judge, and one clerk shall be named. At least one week prior to the
election, notice of the election shall be given by publication in a
newspaper of general circulation in the proposed district. In other
matters, the election shall be conducted in the manner ordered by the
board of supervisors.

49012. (a) Within five days after the district formation election
has been called, the board of supervisors 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. The 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 board of supervisors.
(b) The executive officer of the local agency formation
commission, within five days after being notified that a district
formation election has been called, shall submit to the local agency
formation commission, for its approval or modification, an impartial
analysis of the proposed district formation.
(c) 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.
(d) 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.

49013. (a) 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 those voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
(b) 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.

49014. (a) 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, the election officials shall
select one of the arguments for printing and distribution to the
voters.
(b) In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(1) The board of supervisors or any member or members of the board
authorized by the board.
(2) Individual voters or bona fide associations of citizens or a
combination of those voters and associations.

49015. (a) 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.
(b) The ballot pamphlet shall contain all of the following in the
order prescribed:
(1) The complete text of the proposition.
(2) The impartial analysis of the proposition prepared by the
local agency formation commission.
(3) The argument for the proposed district formation.
(4) The argument against the proposed district formation.
(c) 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.

49016. If at the election a majority of all those voting upon the
question of creation of the district, and a majority of those voting
thereon in each city is in favor of the formation of the district,
the board of supervisors shall make an order forming the district and
thereupon it is formed.
The order shall contain the name of the district and a description
of the boundaries, or otherwise indicate its territorial extent.
The order is conclusive evidence of the regularity of all prior
proceedings, except the adoption and publication in full of the
resolution of intention, and of the fact of the holding of the
hearing on formation.

49017. (a) A district may be formed for the exclusive purpose of
providing, maintaining, and operating a garbage and refuse disposal
site. In forming a district for this limited purpose, the
determination of the board of supervisors required by Section 44006
shall be that this is the exclusive purpose of the district. In all
other matters a district shall be formed in the same manner as other
districts under this chapter. On formation, the district shall have
only those powers granted to districts by this chapter that are
reasonably necessary to carry out the exclusive purpose.
(b) A district formed for the exclusive purpose of providing,
maintaining, and operating a garbage and refuse disposal site may
issue bonds and levy taxes therefor in the same manner as provided
for bonds of garbage and refuse disposal districts pursuant to
Article 7 (commencing with Section 44160) of Chapter 2, and may issue
revenue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6
(commencing with Section 54300) of Part 1 of Division 2 of Title 5 of
the Government Code).