Article 1. Proposal Of Formation of California Public Utilities Code >> Division 6. >> Chapter 8. >> Article 1.
One or more special districts for sewage disposal or solid
waste resource recovery purposes may be created within the boundaries
of a district as provided in this chapter.
Resolutions shall first be passed by the legislative bodies
of half or more, but of not less than two, of the public agencies,
all or any part of the area of which it is intended to include in the
proposed special district, declaring that the public interest or
necessity demands the creation of a special district for sewage
disposal or solid waste resource recovery purposes and describing its
boundaries. The boundaries of the proposed special district may
include territory outside any such public agency if the territory is
within the area of the municipal utility district. When the entire
area of any public agency is to be included in the special district
it may be described in the resolutions by name. Certified copies of
the resolutions shall be filed with the secretary of the district.
Instead of procedure by resolutions, a petition may be filed
with the secretary of a district signed by voters within the
proposed special district equal in number to at least 10 percent of
the total vote cast. The boundaries of the proposed special district
shall be described in the petition and shall include at least two
public agencies or portions thereof. A statement of the name of any
public agency constitutes a sufficient and legal description of the
territory thereof if the entire area of the agency is included.
The petition shall declare that the public interest or
necessity demands the creation of a special district for sewage
disposal or solid waste resource recovery purposes within the area of
the district described in the petition. The petition may be on
separate papers, but each paper 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
with the affidavits of registration and shall certify to the
sufficiency or insufficiency of the petition.
The board may initiate proceedings for the creation of a
special district for sewage disposal or solid waste resource recovery
purposes within the area of the district by passing a resolution
declaring that the public interest or necessity demands the creation
of a special district for sewage disposal or solid waste resource
recovery purposes, and describing its boundaries, which shall include
all or any part of two or more public agencies. A public agency to
be included may be described by name. No certified copy of the
resolution need be filed with the secretary of the district.