SECTIONS 49110-49118 - California Statutes

PUBLIC RESOURCES CODE

SECTION 49110-49118

49110. Any contiguous portion or portions of a county, whether the
portion or portions include incorporated or unincorporated territory,
may be formed into a garbage and refuse disposal district in the
manner and under the proceedings specified in this chapter. However,
no city, or any portion thereof, shall be included in the district
without the consent of the governing body of the city adopted by a
favorable vote of two-thirds or more of its members.

49111. (a) The board of supervisors may determine, by resolution,
that a portion of the county is in need of a site for the disposal of
garbage and refuse 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. The board of
supervisors shall also 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 organize into a
district and which the board deems most likely to give notice to the
inhabitants of the territory.

49112. 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
and refuse disposal district.

49113. The notice shall describe the territory, or shall specify
the exterior boundaries of the territory, proposed to be organized
into a district.

49114. At any time prior to the time fixed for a hearing on the
matter, any person interested may file with the clerk of the board of
supervisors 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 formation 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.

49115. At the final hearing the board of supervisors shall make
those changes in the proposed boundaries that are advisable and shall
define and establish the boundaries.

49116. If, from the testimony given before the board of
supervisors, it appears to the board of supervisors that the public
necessity or welfare requires the formation of the district, it
shall, by an order entered on its minutes, declare that to be its
finding, and shall further declare and order that the territory
within the boundaries so fixed and determined be organized as a
district, under an appropriate name to be selected by the board of
supervisors. The name shall be descriptive of the functions of the
district.

49117. The county clerk shall immediately file for record in the
office of the county recorder of the county in which the land
embraced in the district is situated, and also shall file with the
Secretary of State, a certified copy of the order of the board of
supervisors. From and after the date of the filing of the certified
copy with the Secretary of State, the district named therein is
organized as a district, with all the rights, privileges, and powers
set forth in this chapter or necessarily incident thereto.

49118. No district shall be formed under this chapter after October
1, 1961.