Article 1. Proposal Of Formation of California Public Utilities Code >> Division 10. >> Part 2. >> Chapter 10.5. >> Article 1.
One or more special service districts for any of the
purposes in which the district is authorized to engage may be created
within the boundaries of the district. Such special service
districts may consist of one or more cities, with or without
unincorporated territory, or unincorporated territory alone. Cities
or unincorporated territory included within a special service
district may be in the same or separate counties and need not be
contiguous. No city shall be divided in the formation of such special
service district, but a city may be in more than one special service
district formed under this chapter.
Proceedings for the creation of a special service district
may be initiated by resolution of the legislative body or bodies of
the city or cities proposed to be included in such special service
district and if unincorporated territory is proposed to be included
in such special service district by resolution of the board or boards
of supervisors of the county or counties in which such
unincorporated territory is situated, or if only unincorporated
territory is proposed to be included in such special service
district, by resolution of the board or boards of supervisors of the
county or counties in which such unincorporated territory is
situated. Such resolution or resolutions shall declare that the
public interest or necessity demands the creation of a special
service district, shall describe its boundaries and shall request the
formation of such special service district. When the entire area of
a public agency is to be included in the special service district, it
may be described by name. Certified copies of the resolution or
resolutions shall be filed with the secretary of the district.
As an alternative to the initiation of proceedings for the
formation of a special service district by resolution or resolutions,
a petition may be filed with the secretary of the district signed by
voters equal in number to at least 25 percent of the registered
voters registered within the proposed special service district as
determined from the affidavits of registration. The boundaries of the
proposed special service district shall be described in the
petition; provided, that when the entire area of a public agency is
to be included in the special service district, it may be described
The petition shall declare that the public interest or
necessity demands the creation of a special service district within
the area of the district described in the petition. The petition may
include one or more separate documents, but each document shall
contain the affidavit of the party who circulated it, certifying that
each name signed thereto is the true signature of the person whose
name it purports to be.
The secretary of the district shall compare the signatures
in the petition with the affidavits of registration on file with the
county elections official, and shall certify to the board as to the
sufficiency or insufficiency of the petition.
The following provisions of the Government Code shall not
apply to this chapter or any proceeding taken thereunder:
(a) Chapter 6.6 (commencing with Section 54775), Part 1, Division
2 of Title 5, relating to local agency formation commissions.
(b) The District Investigation Law of 1933 (Chapter 2 (commencing
with Section 58500), Division 1 of Title 6).
(c) Chapter 3 (commencing with Section 58850), Division 1 of Title
6, relating to county boundary commissions.
(d) Chapter 3.5 (commencing with Section 58900), Division 1 of
Title 6, relating to notice of formation or change in boundaries of
Nothing contained herein shall allow the San Francisco Bay
Area Rapid Transit District, or any special service district formed
hereunder, to exercise any jurisdiction, taxing, or otherwise, over
any territory heretofore withdrawn from the San Francisco Bay Area
Rapid Transit District pursuant to Chapter 10 (commencing with
Section 29650) of the Public Utilities Code, or never annexed thereto
pursuant to Chapter 9 (commencing with Section 29500) of the Public