DIVISION 3. COMMUNITY SERVICES DISTRICTS [61000. - 61250.]

Division 3 repealed and added by Stats. 2005, Ch. 249, Sec. 3.

§§ 61000–61250 · 87 sections

PART 1. GENERAL PROVISIONS §§ 61000–61014.5 · 16 sections
1. CHAPTER 1. Introductory Provisions §§ 61000–61009 · 10 sections
  - § 61000 This division shall be known and may be cited as the Community Services District Law.
  - § 61001 (a) The Legislature finds and declares all of the following: (1) The differences among California’s communities reflect the broad diversity of the state’s…
  - § 61002 Unless the context requires otherwise, as used in this division, the following terms shall have the following meanings: (a) “At large” means the election of…
  - § 61003 (a) This division provides the authority for the organization and powers of community services districts. This division succeeds the former Division 3…
  - § 61004 This division shall be liberally construed to effectuate its purposes.
  - § 61005 If any provision of this division or the application of any provision of this division in any circumstance or to any person, county, city, special district,…
  - § 61006 (a) Any action to determine the validity of the organization of a district shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of…
  - § 61007 (a) Territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, whether in one or more counties, may be included in a district. (b)…
  - § 61008 (a) Except as otherwise provided in this division, districts are subject to the Uniform District Election Law, Part 4 (commencing with Section 10500) of…
  - § 61009 Whenever the boundaries of a district or a zone change, the district shall comply with Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of…
2. CHAPTER 2. Formation §§ 61010–61014.5 · 6 sections
  - § 61010 A new district may be formed pursuant to this chapter.
  - § 61011 (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700. In addition, the petition…
  - § 61012 (a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in…
  - § 61013 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county, city, or special…
  - § 61014 (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
  - § 61014.5 Notwithstanding Section 61014, in the case of the proposed formation of the East Garrison Community Services District, if the Local Agency Formation Commission…
PART 2. INTERNAL ORGANIZATION §§ 61020–61070 · 34 sections
1. CHAPTER 1. Initial Board of Directors §§ 61020–61022 · 3 sections
  - § 61020 The initial board of directors of a district formed on or after January 1, 2006, shall be determined pursuant to this chapter.
  - § 61021 (a) Except as provided in this chapter, the initial board of directors shall be elected. (b) The directors may be elected by one of the following methods: (1)…
  - § 61022 (a) In the case of a proposed district which contains only unincorporated territory in a single county and less than 100 voters, the local agency formation…
2. CHAPTER 2. Reorganizing the Board of Directors §§ 61025–61030 · 7 sections
  - § 61025 (a) If a majority of the voters voting upon the question are in favor of the question at a general district or special election, a board of directors may be…
  - § 61026 In the case of a board of directors elected by divisions or from divisions, the board of directors shall adjust the boundaries of the divisions before November…
  - § 61027 (a) This section applies only to a district where the board of supervisors is the district’s board of directors and more than five years have passed since the…
  - § 61028 (a) Before circulating any petition pursuant to Section 61025 or Section 61027, the proponents shall publish a notice of intention, which shall include a…
  - § 61029 (a) Notwithstanding any other provision of this chapter, the Board of Supervisors of San Joaquin County shall be the Board of Directors of the Mountain House…
  - § 61029.5 (a) Notwithstanding any other provision of this division, the Board of Directors of the East Garrison Community Services District shall be the Board of…
  - § 61030 (a) Notwithstanding any other provision of this part, the local agency formation commission, in approving either a consolidation or reorganization of two or…
3. CHAPTER 3. Board of Directors §§ 61040–61048 · 9 sections
  - § 61040 (a) Except as provided in Section 61040.1, a legislative body of five members known as the board of directors shall govern each district. The board of…
  - § 61040.1 (a) The board of directors of the Santa Rita Hills Community Services District may consist of three members. (b) (1) Prior to reducing the board of directors…
  - § 61042 (a) The term of office of each member of a board of directors is four years or until his or her successor qualifies and takes office. Directors shall take…
  - § 61043 (a) Within 45 days after the effective date of the formation of a district, the board of directors shall meet and elect its officers. Thereafter, within 45…
  - § 61044 A board of directors shall hold a regular meeting at least once every three months. Meetings of the board of directors are subject to the Ralph M. Brown Act,…
  - § 61045 (a) A majority of the total membership of the board of directors shall constitute a quorum for the transaction of business. (b) The board of directors shall…
  - § 61046 (a) Ordinances may be passed by the voters by initiative pursuant to Article 1 (commencing with Section 9300) of Chapter 4 of Division 9 of the Elections Code.…
  - § 61047 (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred…
  - § 61048 A board of directors may appoint one or more advisory committees to advise the board of directors about the district’s finances, policies, programs, or…
4. CHAPTER 4. District Officers §§ 61050–61053 · 4 sections
  - § 61050 (a) The board of directors shall appoint a general manager. (b) The county treasurer of the principal county shall serve as the treasurer of the district. If…
  - § 61051 The general manager shall be responsible for all of the following: (a) The implementation of the policies established by the board of directors for the…
  - § 61052 (a) Except as provided by Section 61053, the county treasurer of the principal county shall be treasurer of the district and shall be the depositary and have…
  - § 61053 (a) Notwithstanding Section 61052, a district may establish an alternative depositary pursuant to this section. (b) The board of directors shall appoint a…
5. CHAPTER 5. General Powers §§ 61060–61070 · 11 sections
  - § 61060 A district shall have and may exercise all rights and powers, expressed and implied, necessary to carry out the purposes and intent of this division,…
  - § 61061 (a) A district shall have perpetual succession. (b) A board of directors may, by resolution, change the name of the district. The resolution shall comply with…
  - § 61062 (a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of…
  - § 61063 (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchasing of supplies and equipment not governed by…
  - § 61064 (a) Violation of any rule, regulation, or ordinance adopted by a board of directors is a misdemeanor punishable pursuant to Section 19 of the Penal Code. (b)…
  - § 61065 (a) The Meyers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 applies to all districts. (b) A board of directors may…
  - § 61066 A board of directors may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
  - § 61067 A board of directors may provide for any program for the benefit of its employees and members of the board of directors pursuant to Chapter 2 (commencing with…
  - § 61068 A board of directors may authorize its members and the employees of the district to attend professional or vocational meetings and conferences. A board of…
  - § 61069 (a) A district may request an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. The warrant…
  - § 61070 A district may contract with any local agency, state department or agency, federal department or agency, or any tribal government for the provision by or to…
PART 3. PURPOSES, SERVICES, AND FACILITIES §§ 61100–61226.5 · 36 sections
1. CHAPTER 1. Authorized Services and Facilities §§ 61100–61107 · 8 sections
  - § 61100 Within its boundaries, a district may do any of the following: (a) Supply water for any beneficial uses, in the same manner as a municipal water district,…
  - § 61101 A district may provide the facilities and services authorized by Section 61100 outside its boundaries, subject to Section 56133.
  - § 61102 A district may provide electricity within its boundaries if the local agency formation commission designated the district as the successor to another special…
  - § 61103 (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any…
  - § 61104 (a) A district that acquires, constructs, improves, and maintains streets, roads, rights-of-way, bridges, culverts, drains, curbs, gutters, sidewalks, and any…
  - § 61105 (a) The Legislature finds and declares that the unique circumstances that exist in certain communities justify the enactment of special statutes for specific…
  - § 61106 (a) If a board of directors desires to exercise a latent power, the district shall first receive the approval of the local agency formation commission,…
  - § 61107 (a) If a board of directors desires to divest itself of a power that is authorized pursuant to this chapter and if the termination of that power would require…
2. CHAPTER 2. Finance §§ 61110–61119 · 10 sections
  - § 61110 (a) On or before July 1 of each year or, for districts using two one-year budgets or a biennial budget, every other year, the board of directors may adopt a…
  - § 61111 (a) At any regular meeting or properly noticed special meeting after the adoption of its final budget, the board of directors may adopt a resolution amending…
  - § 61112 (a) In its budget, the board of directors may establish a designated reserve for capital outlay and a designated reserve for contingencies. When the board of…
  - § 61113 (a) On or before July 1 of each year, the board of directors shall adopt a resolution establishing its appropriations limit, if any, and make other necessary…
  - § 61114 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
  - § 61115 (a) The board of directors may, by resolution or ordinance, do the following: (1) Establish rates or other charges for services and facilities that the…
  - § 61116 (a) A district may accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful…
  - § 61117 The board of directors may establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title 5.
  - § 61118 (a) The board of directors shall provide for regular audits of the district’s accounts and records pursuant to Section 26909. (b) The board of directors shall…
  - § 61119 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
3. CHAPTER 3. Alternative Revenues §§ 61120–61124 · 5 sections
  - § 61120 Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to meet the costs of…
  - § 61121 A district may levy special taxes pursuant to: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5. The special…
  - § 61122 A district may levy benefit assessments for operations and maintenance consistent with the requirements of Article XIIID of the California Constitution,…
  - § 61123 (a) A board of directors may charge a fee to cover the cost of any service which the district provides or the cost of enforcing any regulation for which the…
  - § 61124 (a) A district may charge standby charges for water, sewer, or water and sewer services pursuant to the Uniform Standby Charge Procedures Act, Chapter 12.4…
4. CHAPTER 4. Capital Financing §§ 61125–61131 · 7 sections
  - § 61125 Whenever the board of directors determines that the amount of revenue available to the district or any of its zones is inadequate to acquire, construct,…
  - § 61126 (a) Whenever a board of directors determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real…
  - § 61127 A board of directors may finance any enterprise and issue revenue bonds pursuant to the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of…
  - § 61128 A district may finance facilities and issue bonds pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of…
  - § 61129 A district may levy benefit assessments to finance facilities consistent with the requirements of Article XIII D of the California Constitution, including, but…
  - § 61130 A district may acquire and improve land, facilities, or equipment and issue securitized limited obligation notes pursuant to Article 7.4 (commencing with…
  - § 61131 (a) A district may issue promissory notes to borrow money and incur indebtedness for any lawful purpose, including, but not limited to, the payment of current…
5. CHAPTER 5. Zones §§ 61140–61226.5 · 6 sections
  - § 61140 (a) Whenever a board of directors determines that it is in the public interest to provide different services, provide different levels of service, provide…
  - § 61141 (a) At the hearing, the board of directors shall hear and consider any protests to the formation of the zone. If, at the conclusion of the hearing, the board…
  - § 61142 A board of directors may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 61140 and 61141.
  - § 61143 A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to form a zone, a proposal to change the…
  - § 61144 (a) As determined by the board of directors, a district may provide any service, any level of service, or any facility within a zone that the district may…
  - § 61226.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6.
PART 4. Isla Vista Community Services District § 61250 · 1 section
- § 61250 (a) Notwithstanding Chapter 2 (commencing with Section 61010) of Part 1, the Isla Vista Community Services District may be established in accordance with this…