SECTIONS 5782-5782.7 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5782-5782.7

5782. A new district may be formed pursuant to this article.

5782.1. (a) A proposal to form a new district may be made by
petition. The petition shall do all of the things required by Section
56700 of the Government Code. In addition, the petition shall do all
of the following:
(1) Set forth the methods by which the district will be financed,
including, but not limited to, special taxes, benefit assessments,
and fees.
(2) Propose a name for the district.
(3) Specify the method of selecting the initial board of
directors, as provided in Article 4 (commencing with Section 5783).
(4) Specify whether the district will have the power of eminent
domain.
(b) The petitions, the proponents, and the procedures for
certifying the sufficiency of the petitions shall comply with Chapter
2 (commencing with Section 56700) of Part 3 of Division 3 of Title 5
of the Government Code. In the case of any conflict between that
chapter and this article, the provisions of this article shall
prevail.
(c) The petition shall be signed by not less than 25 percent of
the registered voters residing in the area to be included in the
district, as determined by the local agency formation commission.

5782.3. (a) Before circulating any petition, the proponents shall
publish a notice of intention that shall include a written statement
not to exceed 500 words in length, setting forth the reasons for
forming the district and the methods by which the district will be
financed. The notice shall be published pursuant to Section 6061 of
the Government Code in one or more newspapers of general circulation
within the territory proposed to be included in the district. If the
territory proposed to be included in the district is located in more
than one county, publication of the notice shall be made in at least
one newspaper of general circulation in each of the counties.
(b) The notice shall be signed by a representative of the
proponent, and shall be in substantially the following form:
"Notice of Intent to Circulate Petition
Notice is hereby given of the intention to circulate a petition
proposing to form the ______ (name of the district). The reasons for
forming the proposed district are: ______. The method(s) by which the
proposed district will be financed are ______."

(c) Within five days after the date of publication, the proponent
shall file with the executive officer of the local agency formation
commission of the principal county a copy of the notice together with
an affidavit made by a representative of the newspaper in which the
notice was published certifying to the fact of the publication.
(d) After the filing required pursuant to subdivision (c), the
petition may be circulated for signatures.

5782.5. (a) A proposal to form a new district may also be made by
the adoption of a resolution of application by the legislative body
of any county or city that contains the territory proposed to be
included in the district. Except for the provisions regarding the
signers, signatures, and the proponents, a resolution of application
shall contain all of the matters specified for a petition in Section
5782.1.
(b) Before adopting a resolution of application, the legislative
body shall hold a public hearing on the resolution. Notice of the
hearing shall be published pursuant to Section 6061 of the Government
Code in one or more newspapers of general circulation within the
county or city. At least 20 days before the hearing, the legislative
body shall give mailed notice of its hearing to the executive officer
of the local agency formation commission of the principal county.
The notice shall generally describe the proposed formation of the
district and the territory proposed to be included in the district.
(c) At the hearing, the legislative body shall give any person an
opportunity to present his or her views on the resolution.
(d) The clerk of the legislative body shall file a certified copy
of the resolution of application with the executive officer of the
local agency formation commission of the principal county.

5782.7. (a) Once the proponents have filed a sufficient petition or
a legislative body has filed a resolution of application, the local
agency formation commission shall proceed pursuant to Part 3
(commencing with Section 56650) and, notwithstanding Section 57007 of
the Government Code, pursuant to Part 4 (commencing with Section
57000) of Division 3 of Title 5 of the Government Code.
(b) Notwithstanding any other provision of law, a local agency
formation commission shall not approve a proposal that includes the
formation of a district unless the commission determines that the
proposed district will have sufficient revenues to carry out its
purposes.
(c) Notwithstanding subdivision (b), a local agency formation
commission may approve a proposal that includes the formation of a
district where the commission has determined that the proposed
district will not have sufficient revenue provided that the
commission conditions its approval on the concurrent approval of
special taxes or benefit assessments that will generate those
sufficient revenues. The commission shall provide that if the voters
or property owners do not approve the special taxes or benefit
assessments, the proposed district shall not be formed.