CHAPTER 2. Formation of Districts [15701. - 15846.]

Chapter 2 added by Stats. 1953, Ch. 72.

§§ 15701–15846 · 42 sections

1. ARTICLE 1. Petition for Formation §§ 15701–15709 · 9 sections

   • § 15701 A district may be incorporated and managed in unincorporated territory pursuant to this division and may exercise the powers expressly granted.
   • § 15702 Whenever the people of unincorporated territory desire to organize a district, they shall present to the board of supervisors of the county within which the…
   • § 15703 The petition may consist of any number of separate instruments, all of which shall constitute one petition. A separate petition is required from each unit of…
   • § 15704 Each petition shall name or describe the territory within which the registered voters signing it reside. Every petition shall set forth the boundaries and name…
   • § 15705 The county elections official shall within 30 days examine and verify the signatures to the petition and certify the result of the examination to the board of…
   • § 15706 If the county elections official, by his or her certificate, finds that a petition is insufficient, he or she shall certify to the number of additional…
   • § 15707 If a supplemental petition is filed, all signatures appended to the petition and to the supplemental petition shall be considered in determining the number of…
   • § 15708 After the election for the incorporation of the proposed district, the sufficiency of the petition in any respects shall not be subject to judicial review or…
   • § 15709 Notwithstanding any provision of law, for purposes of this division all territory in the Kirkwood Meadows Public Utility District shall be deemed to be solely…
2. ARTICLE 2. Hearing §§ 15731–15738 · 8 sections

   • § 15731 By resolution each board of supervisors to which a petition is presented shall fix a time for a hearing, which shall be within 15 days after final publication…
   • § 15732 Within 10 days after a petition is presented to it, the board of supervisors shall publish a copy of the petition, and a notice that the petition will be heard…
   • § 15733 The hearing may be adjourned from time to time for the determination of facts, not exceeding two weeks in all.
   • § 15734 If the signatures attached to the petition are sufficient, no defect in the contents of the petition or in the title to or form of the notice shall vitiate any…
   • § 15735 The publication of notice shall be pursuant to Section 6062 of the Government Code in a newspaper of general circulation, printed, published, and circulated in…
   • § 15736 At the hearing or at any time prior thereto, any owner of taxable property within the proposed district may file a petition with the board of supervisors…
   • § 15737 Any person owning land adjoining any land described in the petition, upon his verified application, in the discretion of the board, may have his land included…
   • § 15738 At the hearing the board shall determine whether or not the petition complies with the requirements set forth in this division and whether or not the notice…
3. ARTICLE 3. Election §§ 15761–15765 · 9 sections

   • § 15761 The special election shall be called by ordinance by each board of supervisors. The ordinance shall specify the purpose and time of the election, establish the…
   • § 15762 The ordinance calling the election shall be published in the unincorporated territory pursuant to Section 6062 of the Government Code. If no newspaper is…
   • § 15762.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
   • § 15762.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
   • § 15762.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
   • § 15762.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
   • § 15763 The election shall be held and conducted, the returns canvassed, and the result declared by the board of supervisors in the manner provided by general law for…
   • § 15764 The proposition submitted at the election shall be stated upon the ballot substantially as follows: “Shall ________ public utility district (naming it) be…
   • § 15765 Within five days after the result of the election is declared, and the order is made where required, the chairman of the board of supervisors of each county in…
4. ARTICLE 4. Establishment of the District §§ 15791–15798 · 8 sections

   • § 15791 The board of supervisors receiving the certificates delivered pursuant to Section 15765 shall meet and examine them within three weeks after all the elections…
   • § 15792 If it appears from the certificates that a majority of the electors voting at the election has voted against the formation of the district, the proceedings…
   • § 15793 When the board of supervisors has completed its examination of the certificates, and has made the order provided in Section 15791, it shall forthwith attach…
   • § 15794 The board of supervisors shall immediately deposit one roll for filing in the office of the Secretary of State, and cause the other roll to be recorded in the…
   • § 15795 Upon the receipt of the duplicate roll the Secretary of State shall issue his certificate reciting that it is filed in his office and that the public utility…
   • § 15796 No charge shall be made by either the Secretary of State or any county recorder or county elections official for the services required of him or her under this…
   • § 15797 From and after the date the duplicate roll is filed with the Secretary of State, the district is incorporated as a public utility district, with all the…
   • § 15798 The board may change the name of the district by adoption of an ordinance changing the name of the district and by giving notification of the name change to…
5. ARTICLE 5. Contest of Incorporation §§ 15821–15822 · 2 sections

   • § 15821 No informality in any proceeding or in the conduct of any election, not substantially affecting adversely the legal rights of any citizen, shall be held to…
   • § 15822 Any such contest shall be brought in the superior court of the county where the district, or the greater part of its population, is situated. If more than one…
6. ARTICLE 6. Verification Deputies §§ 15841–15846 · 6 sections

   • § 15841 Verification deputies shall be qualified electors residing within the territory of the district or the proposed district for which they are appointed.
   • § 15842 Verification deputies required to verify signatures to petitions for the formation of a district, or to certificates or petitions nominating candidates for…
   • § 15843 Appointments of verification deputies shall be made upon written application of not less than five (5) nor more than ten (10) qualified electors of any…
   • § 15844 Verification deputies need not use a seal, and shall not have power to administer oaths for any purpose other than that for which they are appointed. Their…
   • § 15845 Verification deputies shall not be paid, in whole or in part, directly or indirectly, out of the county treasury or the treasury of a district.
   • § 15846 Before appointment a verification deputy shall make and file with the clerk appointing him an oath as to his age, place of residence, occupation, and whether…