Chapter 2. Formation Of District of California Streets And Highways Code >> Division 9. >> Part 2. >> Chapter 2.

Separation of grade districts may be formed as provided in this part and may exercise the powers herein granted. Any such district shall consist of contiguous areas within a single county and shall include either a city and unincorporated territory or two or more cities with or without unincorporated territory.

Whenever the board of any county finds that the safety and welfare of the residents of contiguous areas within the county require formation of a district to provide for a separation of grade, it shall by resolution so declare. If two or more cities are involved without any unincorporated territory no resolution shall be adopted under this section until the interested city councils request by resolution the adoption of such resolution.

The resolution shall contain all of the following:
  (a) A statement of intention to form the district and of the necessity for and purpose of its formation.
  (b) A description of the unincorporated territory to be included.
  (c) A statement of the general location of the project or projects for the construction and maintenance of which the district is to be formed.
  (d) The name of the proposed district.
  (e) A statement of time and place at which objections to the formation of the district or to its extent will be heard, which time shall not be less than 30 days after the adoption of the resolution.
  (f) The name and telephone number of a local department or agency designated by the board of supervisors to answer inquiries regarding the hearing proceedings.

The resolution shall be published at least once a week for two weeks, at the discretion of the board, in a newspaper of general circulation published in the proposed district. The first publication shall be made at least twenty days prior to the date of the hearing.

The hearing may be continued from time to time and from place to place for not exceeding a total of sixty days by public declaration thereof, and no other notice of the fact of such continuance need be given.

At the hearing the board shall hear all relevant and pertinent objections to the formation of or extent of the district and may, in its discretion, hear arguments against the objections urged.

At the hearing, or within twenty days after the adjournment thereof, the board shall determine:
  (a) Whether the proposed district shall be formed.
  (b) What, if any, portion of the unincorporated area should be excluded from the district because not benefited by its formation.

The board shall exclude uninhabited farm acreage from the district as not benefited. For the purpose of this section, "farm acreage" means any land which is under cultivation or which is being used for pasture or grazing at the time of the hearing.

If the board determines that the district shall be formed, it shall by resolution:
  (a) Describe the territorial extent of the proposed district.
  (b) State the name of the proposed district.
  (c) Call an election to be held in the proposed district for the purpose of determining whether or not it is to be formed.
  (e) Fix the date of the election and the time the polls will be open.
  (f) Establish election precincts, designate polling places, and appoint election officers.

The resolution shall be published at least once a week for two weeks in a newspaper of general circulation published in the proposed district. The first publication shall be at least thirty days prior to the election.

Except where inconsistent with the provisions of this part, the election shall be held and conducted as provided by law for the holding of special elections in the county.

The canvass of the returns of the election shall be made at the same time in the same manner and by the same officers as provided by law for special elections in the county. If the canvass is made by an officer other than the board, he shall transmit the results to the board, who shall thereupon declare the results of the election.

If a majority of votes cast in each city and if a majority of votes cast in the unincorporated area within the proposed district are favorable, the board shall, by resolution, declare the district duly organized, state its name and describe its boundaries.

A certified copy of the resolution shall be recorded in the office of the county recorder of the county in which the district is situated and filed with the Secretary of State. The organization shall thereupon be complete.