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Article 2. Formation of California Government Code >> Division 2. >> Title 3. >> Part 2. >> Chapter 2.5. >> Article 2.
A new county service area may be formed pursuant to this
article.
(a) A proposal to form a new county service area may be
made by petition. The petition shall do all of the things required by
Section 56700. In addition, the petition shall do all of the
following:
(1) State which services and facilities it is proposed that the county service area be authorized to provide upon formation.
(2) Set forth the proposed methods by which the county service area will finance those services and facilities, including, but not limited to, special taxes, benefit assessments, and fees.
(3) Propose a number or distinctive name for the county service area. Notwithstanding Section 7530, every county service area shall have the words "County Service Area" within its name.
(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 5. In the case of any conflict between that chapter and this article, the provisions of this article shall prevail.
(c) As determined by the local agency formation commission, the petition shall be signed by not less than either:
(1) Twenty-five percent of the registered voters living in the area to be included in the county service area.
(2) Twenty-five percent of the number of owners of land who own not less than 25 percent of the assessed value of land within the area to be included in the county service area.
(1) State which services and facilities it is proposed that the county service area be authorized to provide upon formation.
(2) Set forth the proposed methods by which the county service area will finance those services and facilities, including, but not limited to, special taxes, benefit assessments, and fees.
(3) Propose a number or distinctive name for the county service area. Notwithstanding Section 7530, every county service area shall have the words "County Service Area" within its name.
(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 5. In the case of any conflict between that chapter and this article, the provisions of this article shall prevail.
(c) As determined by the local agency formation commission, the petition shall be signed by not less than either:
(1) Twenty-five percent of the registered voters living in the area to be included in the county service area.
(2) Twenty-five percent of the number of owners of land who own not less than 25 percent of the assessed value of land within the area to be included in the county service area.
(a) Before circulating any petition, the proponents shall
publish a notice of intention which shall include a written statement
not to exceed 500 words in length, setting forth the reasons for
forming the county service area, the proposed services and facilities
that the county service area will provide, and the proposed methods
by which the county service area will be financed. The notice shall
be published pursuant to Section 6061 in one or more newspapers of
general circulation within the territory proposed to be included
within the county service area.
(b) The notice shall be signed by one or more petitioners, and shall be in substantially the following form:
(b) The notice shall be signed by one or more petitioners, 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 to
form the ___________ ?number or distinctive name of the county
service area?. The reasons for forming the proposed county service
area are: _______________________. The proposed services and
facilities that the county service area will provide are:
________________________. The proposed method(s) by which the county
service area will finance those services and facilities are:
________________________________."
(c) Within five days after the date of publication, the proponents
shall file with the executive officer of the local agency formation
commission and the clerk of the board of supervisors a copy of the
notice together with an affidavit made by a representative of the
newspaper or newspapers in which the notice was published certifying
to the fact of the publication.
(d) After the filing required by subdivision (c), the petition may be circulated for signatures.
(d) After the filing required by subdivision (c), the petition may be circulated for signatures.
(a) A proposal to form a new county service area may also
be made by the adoption of a resolution of application by the board
of supervisors. Except for the provisions regarding the signers, the
signatures, and the proponents, a resolution of application shall
contain all of the matters specified for a petition in Section
25211.1.
(b) Before adopting a resolution of application, the board of supervisors shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061. At least 20 days before the hearing, the board of supervisors shall give mailed notice of its hearing to the executive officer of the local agency formation commission. The notice shall generally describe the proposed formation of the county service area, the territory proposed to be included in the county service area, the proposed services and facilities that the county service area will provide, and the proposed methods of financing those services and facilities.
(c) The clerk of the board of supervisors shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission.
(b) Before adopting a resolution of application, the board of supervisors shall hold a public hearing on the resolution. Notice of the hearing shall be published pursuant to Section 6061. At least 20 days before the hearing, the board of supervisors shall give mailed notice of its hearing to the executive officer of the local agency formation commission. The notice shall generally describe the proposed formation of the county service area, the territory proposed to be included in the county service area, the proposed services and facilities that the county service area will provide, and the proposed methods of financing those services and facilities.
(c) The clerk of the board of supervisors shall file a certified copy of the resolution of application with the executive officer of the local agency formation commission.
(a) Once the proponents have filed a sufficient petition
or a board of supervisors has filed a resolution of application, the
local agency formation commission shall proceed pursuant to Part 3
(commencing with Section 56650) of Division 3 of Title 5.
(b) (1) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area unless the commission determines that the proposed county service area will have sufficient revenues to carry out its purposes.
(2) Notwithstanding paragraph (1), a local agency formation commission may approve a proposal that includes the formation of a county service area where the commission has determined that the proposed county service area will not have sufficient revenues provided that the commission conditions its approval on the concurrent approval of special taxes, benefit assessments, or property-related fees or charges that will generate those sufficient revenues. In approving the proposal, the commission shall provide that if the voters or property owners do not approve the special taxes, benefit assessments, or property-related fees or charges, the proposed county service area shall not be formed.
(c) (1) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area that would include territory within a city unless, before the close of the commission's hearing, the city council has filed and not withdrawn a resolution that consents to the inclusion of that incorporated territory.
(2) Notwithstanding paragraph (1), a local agency formation commission may approve a proposal that includes the formation of a county service area that proposes to include territory within a city if the city council has not consented to the inclusion of that incorporated territory provided that the commission modifies the boundaries of the proposed county service area to exclude that incorporated territory.
(d) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area if, before the close of the commission's hearing, the board of supervisors has filed and not withdrawn a resolution that objects to the formation of that county service area.
(e) If the local agency formation commission approves the proposal for the formation of a county service area, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.
(f) The local agency formation commission shall take one of the following actions:
(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.
(2) If no majority protest exists, the commission shall do one of the following:
(A) Order the formation without an election where all of the following apply:
(i) The territory within the proposed county service area is not inhabited territory.
(ii) All of the owners of land within the proposed county service area have given their written consent to the formation of the proposed county service area.
(iii) No special tax, benefit assessment, or property-related fee or charge is needed.
(B) Order the formation subject to the approval by the voters or landowners pursuant to Section 25211.5, in the case where no special tax, benefit assessment, or property-related fee or charge is needed.
(C) Order the formation subject to the approval by the voters of a special tax, the approval by the property owners of a benefit assessment, or the approval of property-related fees or charges, as required by law.
(g) If the local agency formation commission orders the formation of a county service area pursuant to paragraph (2) of subdivision (f), the commission shall direct the board of supervisors to direct county officials to conduct the necessary election.
(b) (1) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area unless the commission determines that the proposed county service area will have sufficient revenues to carry out its purposes.
(2) Notwithstanding paragraph (1), a local agency formation commission may approve a proposal that includes the formation of a county service area where the commission has determined that the proposed county service area will not have sufficient revenues provided that the commission conditions its approval on the concurrent approval of special taxes, benefit assessments, or property-related fees or charges that will generate those sufficient revenues. In approving the proposal, the commission shall provide that if the voters or property owners do not approve the special taxes, benefit assessments, or property-related fees or charges, the proposed county service area shall not be formed.
(c) (1) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area that would include territory within a city unless, before the close of the commission's hearing, the city council has filed and not withdrawn a resolution that consents to the inclusion of that incorporated territory.
(2) Notwithstanding paragraph (1), a local agency formation commission may approve a proposal that includes the formation of a county service area that proposes to include territory within a city if the city council has not consented to the inclusion of that incorporated territory provided that the commission modifies the boundaries of the proposed county service area to exclude that incorporated territory.
(d) Notwithstanding any other provision of law, a local agency formation commission shall not approve a proposal that includes the formation of a county service area if, before the close of the commission's hearing, the board of supervisors has filed and not withdrawn a resolution that objects to the formation of that county service area.
(e) If the local agency formation commission approves the proposal for the formation of a county service area, then the commission shall proceed pursuant to Part 4 (commencing with Section 57000) of Division 3 of Title 5.
(f) The local agency formation commission shall take one of the following actions:
(1) If a majority protest exists in accordance with Section 57078, the commission shall terminate proceedings.
(2) If no majority protest exists, the commission shall do one of the following:
(A) Order the formation without an election where all of the following apply:
(i) The territory within the proposed county service area is not inhabited territory.
(ii) All of the owners of land within the proposed county service area have given their written consent to the formation of the proposed county service area.
(iii) No special tax, benefit assessment, or property-related fee or charge is needed.
(B) Order the formation subject to the approval by the voters or landowners pursuant to Section 25211.5, in the case where no special tax, benefit assessment, or property-related fee or charge is needed.
(C) Order the formation subject to the approval by the voters of a special tax, the approval by the property owners of a benefit assessment, or the approval of property-related fees or charges, as required by law.
(g) If the local agency formation commission orders the formation of a county service area pursuant to paragraph (2) of subdivision (f), the commission shall direct the board of supervisors to direct county officials to conduct the necessary election.
(a) If the local agency formation commission orders the
formation of a county service area subject to the approval by the
voters pursuant to Section 25211.4 and if the proposed county service
area contains no voters, the vote shall be by the owners of land
within the proposed county service area.
(b) Each landowner shall have one vote for each acre or portion of an acre of land that the landowner owns within the proposed county service area. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.
(b) Each landowner shall have one vote for each acre or portion of an acre of land that the landowner owns within the proposed county service area. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.
