CHAPTER 5. Proceedings for Special Districts
Heading of Chapter 5 repealed (by Sec. 127) and added by Stats. 2000, Ch. 761, Sec. 125.
§§ 56821–56879.5 · 65 sections
ARTICLE 1. Representation and Functions §§ 56821–56824.7 · 13 sections
- § 56821 Either the commission or the legislative body of any independent special district within a county may adopt a resolution initiating proceedings as follows: (a)…
- § 56821.1 If the commission adopts a resolution pursuant to subdivision (a) of Section 56821, the executive officer shall immediately call a meeting of the independent…
- § 56821.3 If an independent special district adopts a resolution pursuant to subdivision (a) of Section 56821, it shall immediately forward a copy of the resolution to…
- § 56821.5 A certified copy of any resolution which has been adopted by an independent special district pursuant to subdivision (b) of Section 56821 shall be filed with…
- § 56822 Whenever the commission, or the independent special districts, as the case may be, have complied with the applicable provisions of Sections 56821, 56821.1,…
- § 56822.3 If a hearing is called pursuant to subdivision (b) of Section 56822, the executive officer shall give notice of the hearing by publication, as provided in…
- § 56822.5 The hearing referred to in Section 56822.3 shall be held by the commission at the time and place specified or to which the hearing may be continued. After the…
- § 56823 If the commission orders a proposal referred to a special district advisory committee for study, report, and recommendation, the appointment of, and…
- § 56824 Where a special district advisory committee consists of voting members representing more than five independent special districts, the advisory committee may…
- § 56824.1 Not later than 35 days after the filing with the executive officer of the report and recommendation of a special district advisory committee, the commission…
- § 56824.3 The executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and…
- § 56824.5 The hearing shall be held by the commission at the time and place specified or to which the hearing may be continued. During the course of the hearing, the…
- § 56824.7 Any resolution approving the report and recommendation of a special district advisory committee, either as filed or as changed by the commission, shall order…
ARTICLE 1.5. New or Different Services §§ 56824.10–56824.14 · 3 sections
- § 56824.10 Commission proceedings for the exercise of new or different functions or classes of services or divestiture of the power to provide particular functions or…
- § 56824.12 (a) A proposal by a special district to provide a new or different function or class of services or divestiture of the power to provide particular functions or…
- § 56824.14 (a) The commission shall review and approve with or without amendments, wholly, partially, or conditionally, or disapprove proposals for the establishment of…
ARTICLE 2. Reorganization §§ 56825–56857 · 31 sections
- § 56825 The commission shall have the powers and duties set forth in Part 2 (commencing with Section 56300) and the additional powers and duties specified in this…
- § 56826 A reorganization or a plan of reorganization shall provide for one or more changes of organization of any type for each of the subject districts and may…
- § 56826.5 (a) A proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act shall only be…
- § 56827 (a) Except as provided in subdivision (b), upon the presentation of any petition or applications making a proposal for a reorganization, the commission may…
- § 56828 Before any proposal for reorganization is referred to any reorganization committee, the commission may provide for a public hearing on the question of whether…
- § 56829 The executive officer shall give notice of that hearing by publication, as provided in Sections 56153 and 56154, and by posting, as provided in Sections 56158…
- § 56830 The executive officer shall also give mailed notice of any hearing, as provided in Sections 56155 to 56157, inclusive, by mailing notice of hearing to all of…
- § 56831 The hearing shall be held by the commission on the date and at the time and place specified in the notice. After the conclusion of the hearing, the commission…
- § 56832 The commission may accept contributions from any source for the purpose of paying the expenses of a reorganization committee in the conduct of its study,…
- § 56833 Any resolution adopted by the commission ordering a proposal of reorganization referred to a reorganization committee shall do all of the following: (a)…
- § 56834 From time to time during the course of study upon a proposed plan of reorganization, the commission may do any of the following: (a) Extend the time for…
- § 56835 At least 15 days before the date of the first meeting of a reorganization committee, the executive officer shall mail a copy of the resolution adopted by the…
- § 56836 Any person, including, but not limited to, a member of the legislative body of a subject district and an officer or employee of the district, may be appointed…
- § 56837 (a) The legislative body of each affected district shall appoint one or more members, not to exceed the maximum number specified by the commission, to…
- § 56838 The clerk of a subject district shall give immediate notice to the executive officer of all appointments and removals made by the legislative body to a…
- § 56839 At any time after the date fixed for the first meeting of a reorganization committee or during the course of the study by the committee, if the legislative…
- § 56840 If, during the course of study upon a proposed plan of reorganization, the commission authorizes a change in the scope of the study, the membership of the…
- § 56841 Subject to any standards and procedures adopted by regulation by the commission, a reorganization committee shall provide for the selection of a presiding…
- § 56842 A quorum shall be deemed to be present at a meeting of a reorganization committee if members representing one-half or more of the subject districts are…
- § 56843 If a reorganization committee does not complete and submit its report and recommendation before the date specified by the commission or, prior to that date, if…
- § 56844 If the commission orders the discharge of a reorganization committee, the commission may make a study, report, and recommendation upon a plan of reorganization…
- § 56845 If the commission appoints additional members to the reorganization committee to represent the public and orders the reorganization committee, as so enlarged,…
- § 56846 Every officer of any affected county, affected city, or affected district shall make available to a reorganization committee any records, reports, maps, data,…
- § 56847 Upon completion of the study of a reorganization committee, the committee shall prepare and submit to the commission a report and recommendation containing all…
- § 56848 Approval by a reorganization committee of the report and recommendation shall require the affirmative vote of more than one-half of the subject districts…
- § 56849 The reorganization committee shall file the original of its report and recommendation with the executive officer and a copy of the report and recommendation…
- § 56853 (a) If a majority of the members of each of the legislative bodies of two or more local agencies adopt substantially similar resolutions of application making…
- § 56855 (a) This section shall apply to any proposal which contains the annexation of territory to a fire protection district which is organized pursuant to the Fire…
- § 56856 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a special…
- § 56856.5 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city or…
- § 56857 (a) Upon receipt by the commission of a proposed change of organization or reorganization that includes the annexation of territory to any district, if the…
ARTICLE 3. Formation §§ 56859–56863 · 6 sections
- § 56859 Proceedings for the formation of a district shall be conducted as authorized in the principal act of the district proposed to be formed and Section 56100.
- § 56860 If a proposal for formation of a new district is made by petition, the petition shall comply with the signature requirements and content of a petition for…
- § 56860.5 If a petition is for consolidation of districts or formation of a new district, the petition may propose a name for the new or consolidated district.
- § 56861 (a) Within 10 days after receiving a proposal to form a subsidiary district, the executive officer shall notify by certified mail the district or districts…
- § 56862 (a) If a district files a resolution of intention to file an alternative proposal pursuant to paragraph (2) of subdivision (b) of Section 56861, the executive…
- § 56863 (a) Within 35 days following the conclusion of a hearing on an original and an alternative proposal to form a subsidiary district, the commission shall adopt…
ARTICLE 4. Initiation by Petition §§ 56864–56871 · 7 sections
- § 56864 Petitions for the annexation of territory to, or detachment of territory from, a district shall be signed as follows: (a) For a registered voter district, by…
- § 56864.1 (a) A petition for reorganization shall be signed so as to comply with the applicable signature requirements of this article with respect to each of the…
- § 56864.3 If a person is qualified to sign for two or more of the changes of organization proposed by the petition, that person need sign the petition only once and his…
- § 56865 Petitions for the consolidation of two or more districts shall be signed as follows: (a) For registered voter districts, by not less than 5 percent of the…
- § 56866 Petitions for a merger of a district which overlaps a city, or for the establishment of the district as a subsidiary district of the city, shall be signed as…
- § 56870 Except as otherwise provided in Section 56871, petitions for the dissolution of a district shall be signed as follows: (a) For registered voter districts, by…
- § 56871 A petition for the dissolution of a registered voter district, signed by three or more registered voters within the district or by three or more landowners…
ARTICLE 5. Miscellaneous §§ 56875–56877 · 3 sections
- § 56875 If any sufficient petition or resolution of application shall propose, as a part of the petition or resolution of application, that the district shall furnish…
- § 56876 In any order approving a proposal for an annexation to, or detachment from, a district, the commission may determine that any election called upon the question…
- § 56877 When a change of organization or a reorganization includes the annexation of inhabited territory to a district and the assessed value of land within the…
ARTICLE 6. Inactive Special Districts §§ 56879–56879.5 · 2 sections
- § 56879 (a) On or before November 1, 2018, and every year thereafter, the Controller shall create a list of special districts that are inactive, as defined in Section…
- § 56879.5 This article shall not apply to a special district formed by special legislation that is required by its enabling statute to obtain funding within a specified…