Article 3. Election of California Public Utilities Code >> Division 10. >> Part 1. >> Chapter 10.5. >> Article 3.
Any public agency included, or partly included, within the
boundaries of a special transit service district may, by a resolution
adopted by its legislative body, adopted within 30 days after the
adoption of the resolution creating a special transit service
district, require the submission of a proposition to the voters of
the public agency, or portion thereof, for the purpose of determining
whether the public agency, or portion thereof, will be included
within the boundaries of the special transit service district.
However, no election shall be held, if the board, pursuant to Section
27417, excludes from the territory to be annexed the whole or any
portion of a public agency in accordance with the petition or
resolution adopted by the legislative body of the public agency.
Instead of the procedure by resolution of a public agency, a
petition may be filed with the secretary of the district, signed by
voters within any public agency, or portion thereof, included within
the boundaries of the special transit service district equal in
number to at least 10 percent of the vote cast, requiring an election
to be held as described in Section 27421 of this chapter.
The petition may include one or more documents, but each
document shall contain the affidavit of the party who circulated it,
certifying that each name affixed thereto is the true signature of
the person whose name it purports to be. The petition shall be filed
within 30 days after the adoption of the resolution creating a
special transit service district.
The secretary of the district shall compare the signatures
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 filing of a resolution pursuant to Section 27421, or of
a petition pursuant to Section 27422, shall stay the effective
creation of the special transit service district within the public
agency or portion thereof included in the resolution or petition
until the results of the required election are canvassed.
The board shall call the election required by Sections 27421
and 27422 to be held on the next established election date not less
than 74 days after the petition or resolution is filed with the
secretary of the district.
The ballot for the election shall contain such instructions
as are required by law to be printed thereon and in addition thereto
the following:
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| |
Shall the "(giving name of special | |
transit service district)" be | YES |
created and established in "(giving | |
name of public agency or portion | |
thereof)"? +------+-----
| NO |
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No person is entitled to vote at the election unless he is a
voter of the public agency or portion thereof requesting the
election. The election may be held on the same day as any other
state, county or city election and may be consolidated.
The costs of the election required by this article shall be
borne equally by the public agency and the district.
The question of the creation of a special transit service
district, submitted to a vote pursuant to this article, shall be
canvassed separately for each public agency or portion thereof in
which an election is held, and the board shall order and declare the
special transit service district created, including each public
agency, or portion thereof, in which no election was held pursuant to
Section 27426 and also including each public agency, or portion
thereof, in which an election was held and in which a majority of
those who voted upon the proposition of creating the special transit
service district voted in favor of the proposition, and excluding
each public agency, or portion thereof, in which an election was held
and in which a majority of those who voted upon the proposition of
creating the special transit service district voted against the
proposition.