SECTIONS 9181-9190 - California Statutes

PUBLIC RESOURCES CODE

SECTION 9181-9190

9181. (a) If the local agency formation commission approves the
formation of a district, with or without amendment, wholly,
partially, or conditionally, the executive officer shall mail a copy
of the resolution of the commission's determinations to the board of
supervisors of each county within which territory of the proposed
district lies. Within 35 days following the adoption of the
commission's resolution, the board of supervisors shall call and give
notice of the election to be held in the proposed district. If the
proposed district lies in more than one county, the board of
supervisors shall call and give notice of the election to be held in
the territory of the proposed district which lies in that county.
(b) The election shall be held on the next regular or special
election date not less than 113 nor more than 150 days after the date
the board of supervisors calls and gives notice of the election.
(c) Notice of the election shall be published pursuant to Section
6061 of the Government Code in a newspaper of general circulation
circulated within the territory of the proposed district which lies
in the county.

9182. (a) Notwithstanding Section 9181, if the board of supervisors
of the principal county finds that the petition filed with the
executive officer of the local agency formation commission pursuant
to Section 9165 has been signed by not less than 80 percent of the
registered voters residing within the area to be included within the
district, the board may dispense with an election, adopt the
resolution required pursuant to Section 9188, and designate the
members of the board of directors pursuant to Article 4 (commencing
with Section 9201).
(b) Notwithstanding Section 9181, if the local agency formation
commission approves a consolidation or reorganization pursuant to
Section 56839 of the Government Code which results in the formation
of a district without an election, the commission may designate the
members of the board of directors from the membership of the board of
directors of any of the consolidated or reorganized districts
pursuant to subdivision (k) of Section 56844 of the Government Code.
The terms of office of the directors shall be determined pursuant to
Section 10505 of the Elections Code.

9183. (a) Within five days after the district formation election
has been called, the board of supervisors of each county within which
territory of the proposed district lies shall transmit by registered
mail a written notification of the election call to the executive
officer of the local agency formation commission of the principal
county. 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 calling the
district formation election.
(b) The executive officer of the local agency formation commission
shall submit an impartial analysis of the proposed district
formation to the officials in charge of conducting the district
formation election, pursuant to Section 56859 of the Government Code.

9184. (a) (1) The chief petitioners, the agency filing the
resolution, or any member or members of the board of supervisors
authorized by the board, any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of these voters and associations of
citizens, may file with the elections official of the principal
county a written argument for or a written argument against the
proposed district formation.
(2) Arguments shall not exceed 300 words in length. Based on the
time reasonably necessary to prepare and print the text of the
proposition, analysis, arguments, and sample ballots and to permit
the 10-day public examination period as provided in Section 9190 of
the Elections Code for the particular election, the elections
official of the principal county shall fix and determine a reasonable
date prior to the election after which no arguments for or against
the measure may be submitted for printing and distribution to the
voters, pursuant to Section 9185. Notice of the date fixed shall be
published by the elections official pursuant to Section 6061 of the
Government Code. Arguments may be changed until and including the
date fixed by the elections official.
(b) If more than one argument for or more than one argument
against the proposed district formation is filed with the elections
official within the time prescribed, the elections official shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the elections official shall give
preference and priority in the order named to the arguments of the
following:
(1) Chief petitioners, or the agency filing the resolution.
(2) The board of supervisors, or any member or members of the
board authorized by the board.
(3) Individual voters, or bona fide associations of citizens or a
combination of these voters and associations.
(c) When the elections official of the principal county has
selected the arguments for and against the measure which will be
printed and distributed to the voters, he or she shall send copies of
the argument in favor of the measure to the authors of the argument
against, and copies of the argument against to the authors of the
argument in favor. The authors may prepare and submit rebuttal
arguments not exceeding 250 words. The rebuttal arguments shall be
filed with the elections official of the principal county not more
than 10 days after the final date for filing direct arguments.
Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct
argument which it seeks to rebut, and shall be titled "Rebuttal to
Argument in Favor of Measure (or Proposition) ____" or "Rebuttal to
Argument Against Measure (or Proposition) ____," the blank spaces
being filled in only with the letter or number, if any, designating
the measure. Words used in the title shall not be counted when
determining the length of any rebuttal argument.

9185. (a) The elections 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 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. Section 9190 of the Elections Code shall apply to the
materials required to be contained in the ballot pamphlet.
(b) The ballot pamphlet shall contain the following, in the order
prescribed:
(1) The complete text of the proposition.
(2) The impartial analysis of the proposition, submitted by the
executive officer of the local agency formation commission.
(3) The argument for the proposed district formation.
(4) The rebuttal to the argument in favor of the proposed district
formation.
(5) The argument against the proposed district formation.
(6) The rebuttal to the argument against the proposed district
formation.

9186. The notice of the election published pursuant to subdivision
(c) of Section 9181 shall contain all of the following:
(a) The date of the election.
(b) The name of the proposed district.
(c) The purposes for which the district is to be formed.
(d) A statement that the first directors will be elected at that
election or will be appointed, as the case may be, if the district is
formed.
(e) A description of the boundaries of the proposed district.

9187. (a) Except as otherwise provided in this division, the
formation election and the election of members of the district board
shall be held and conducted in accordance with the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10
of the Elections Code).
(b) If less than a majority of the votes cast at the election is
in favor of forming the district, the board of supervisors of the
principal county shall declare the proceedings terminated.

9188. If the majority of the votes cast at the election is in favor
of forming the district, the board or boards of supervisors shall by
resolution entered on its minutes declare the district duly
organized under this division, giving the name of the district, and
the purposes for which it is formed, and describing its boundaries.
If the district lies in more than one county, the clerk of the board
of supervisors of the principal county shall transmit a certified
copy of the resolution to the clerk of the board of supervisors of
each of the other counties in which the district lies.

9189. Immediately after adoption of a resolution pursuant to
Section 9188, the clerk of the board of supervisors of the principal
county shall transmit a certified copy of the resolution along with a
remittance to cover the fees required by Section 54902.5 of the
Government Code to the executive officer of the local agency
formation commission. The executive officer shall complete the
proceedings pursuant to Chapter 8 (commencing with Section 57200) of
Part 4 of Division 3 of Title 5 of the Government Code.

9190. (a) No informality in any proceeding, including informality
in the conduct of any election not substantially affecting adversely
the legal rights of any person, shall invalidate the formation of any
district.
(b) The validity of the formation and organization of a district
shall not be contested in any proceeding commenced more than 60 days
after the date that the formation of the district is complete.