CHAPTER 1. The District Organization Law
Chapter 1 added by Stats. 1951, Ch. 331.
§§ 58000–58200 · 45 sections
ARTICLE 1. General §§ 58000–58011 · 11 sections
- § 58000 This chapter may be cited as the District Organization Law.
- § 58001 It is the purpose of this chapter to make available a procedure for the organization, operation and government of districts.
- § 58002 This chapter applies only when and to the extent that it is adopted or incorporated by reference in a law providing for a particular district or type of…
- § 58004 As used in this chapter, unless the context otherwise requires: (a) “District” means a tax or assessment district. (b) “Governing body” means the board of…
- § 58005 Whenever in this chapter a petition, order, resolution, complaint, or other document refers to a principal act, the name, if any, of the principal act, with…
- § 58006 When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of general circulation published and circulated…
- § 58007 Unless otherwise expressly provided, each notice shall be published once a week for three successive weeks prior to the date set for the event of which notice…
- § 58008 Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit is prima facie evidence of the facts stated…
- § 58009 If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be posted in three public places in the…
- § 58010 Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the facts stated in it.
- § 58011 In case of a conflict between the provisions of this chapter and the provisions of the law providing for the creation of a particular district or type of…
ARTICLE 2. Petition for Formation §§ 58030–58034 · 5 sections
- § 58030 When the principal act authorizes or requires a petition, formation proceedings shall be commenced by petition.
- § 58031 The petition shall be signed by the requisite number of petitioners and addressed to and filed with the supervising authority.
- § 58032 The petition may be filed in sections. Each section shall comply with all the requirements for a petition, except that it need not contain all the signatures…
- § 58033 Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement of his intention to withdraw his…
- § 58034 The petition shall: (a) State the proposed name for the district. (b) Set forth the district boundaries or describe the land situated in the district. (c)…
ARTICLE 3. Preliminary Hearing §§ 58060–58061 · 2 sections
- § 58060 Upon presentation and filing of the formation petition the supervising authority shall fix a time and place for its hearing. The hearing shall not be less than…
- § 58061 If the principal act or any other law applicable to the formation of the district requires the making of an investigation of and a report on the project, the…
ARTICLE 4. Final Hearing §§ 58090–58110 · 22 sections
- § 58090 The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing.
- § 58091 The notice of final hearing shall state: (a) The name and nature of the district. (b) That the petition may be inspected at the clerk’s office. (c) The…
- § 58092 The clerk shall give notice of the final hearing.
- § 58093 The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in…
- § 58094 If the notice is materially defective, the supervising authority shall reset the hearing and cause new notice to be given.
- § 58095 If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a…
- § 58096 A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the…
- § 58097 Oral or written protest may be made at the hearing by any person interested in the formation of the proposed district.
- § 58098 Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made.
- § 58099 Written protests shall be filed with the clerk on or before the time fixed for the final hearing.
- § 58100 The hearing may be continued from time to time not exceeding 60 days.
- § 58101 At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land.
- § 58102 At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land.
- § 58103 If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real…
- § 58104 The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year…
- § 58105 If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the…
- § 58105.1 If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as…
- § 58106 At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific…
- § 58107 The supervising authority may make such inclusion upon the owner’s application or upon giving him notice of and hearing on the inclusion.
- § 58108 The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county…
- § 58109 The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard.
- § 58110 If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name…
ARTICLE 5. Formation §§ 58130–58133 · 4 sections
- § 58130 Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call and give notice of an election to be held…
- § 58131 The election shall be called and conducted, and any candidates shall be nominated as in general district elections except: (a) The supervising authority shall…
- § 58132 If a majority of the votes cast at the election favors the organization of the district, by resolution entered on its minutes the supervising authority shall…
- § 58133 Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a certified copy of the resolution with the…
ARTICLE 7. Validating Proceedings § 58200 · 1 section
- § 58200 An action to determine the legality of the existence of the district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2…