Article 1. Petition For Formation of California Public Utilities Code >> Division 7. >> Chapter 2. >> Article 1.
A district may be incorporated and managed in unincorporated
territory pursuant to this division and may exercise the powers
expressly granted.
Whenever the people of unincorporated territory desire to
organize a district, they shall present to the board of supervisors
of the county within which the territory is situated a petition
describing the territory, and signed by registered voters of the
territory equal in number to 15 percent of all votes cast for all
candidates for Governor within the same territory at the last
preceding general election at which a Governor was elected.
The petition may consist of any number of separate
instruments, all of which shall constitute one petition. A separate
petition is required from each unit of the proposed district. All
unincorporated territory participating in the proceedings and
situated in one county is a unit for purposes of the proceedings. No
registered voter within any one unit of the proposed district shall
sign a petition of any other unit of the proposed district.
Each petition shall name or describe the territory within
which the registered voters signing it reside. Every petition shall
set forth the boundaries and name of the proposed district, which
shall include the words "public utility district." Every petition
shall contain a prayer that a public utility district comprising all
of the proposed territory, or any portions thereof as are designated
in the petitions as essential to its formation, be incorporated
pursuant to this division. Every registered voter signing a petition
shall write his or her address opposite his or her signature.
The county elections official shall within 30 days examine
and verify the signatures to the petition and certify the result of
the examination to the board of supervisors.
If the county elections official, by his or her certificate,
finds that a petition is insufficient, he or she shall certify to
the number of additional signatures of qualified electors required to
make the petition sufficient, and the petition may be amended by a
supplemental petition filed within 10 days from the date of the
certificate. Within 10 days after a supplemental petition has been
filed, the county elections official shall examine it and certify to
the result of the examination. If this certificate shows the petition
as amended to be insufficient, it shall be filed by the county
elections official in his or her office and kept as a public record,
without prejudice to the filing of any other petition to the same
effect not less than six months thereafter. If the certificate shows
the petition or petition as amended to be sufficient, the county
elections official shall present it to the board of supervisors
without delay with his or her certificate attached and properly
dated.
If a supplemental petition is filed, all signatures appended
to the petition and to the supplemental petition shall be considered
in determining the number of qualified electors signing the
petition.
After the election for the incorporation of the proposed
district, the sufficiency of the petition in any respects shall not
be subject to judicial review or otherwise questioned.
Notwithstanding any provision of law, for purposes of this
division all territory in the Kirkwood Meadows Public Utility
District shall be deemed to be solely within the County of Alpine,
which shall be the principal county for purposes of formation of the
district and which shall have jurisdiction to approve, disapprove,
and carry out all matters pertaining to formation of the district;
provided, however, that nothing in this section shall limit or impair
the authority of the Board of Supervisors of the County of El Dorado
or the County of Amador to disapprove, by resolution, formation of
all or any part of the Kirkwood Meadows Public Utility District
within its territory any time prior to final approval of the district
by the County of Alpine. If either county so disapproves, any
territory designated by the resolution of disapproval shall be
excluded from the boundaries of the district.
If the Kirkwood Meadows Public Utility District is not
incorporated on or before March 1, 1986, this section is repealed on
that date.