The following represents a synopsis of the various types of districts that may be formed, may exist, and are subject to LAFCo. Please reference the state code sections for a full review of any one-district type. A link(s) has been provided in each district type to the state code.
(Section 22001-22909, Public Utilities Code)
Governing Body
The governing body, which is established by law to administer the operation of an airport district, is composed of a five-member board of directors. This board must be elected by voters within the proposed district or be appointed to their position by the incumbent airport district's board of directors.
Functions
The specific powers that the board of directors may exercise are to provide and maintain public airports and landing places for aerial traffic.
In addition to this specific power, the board of directors also may hire employees, acquire property, levy and collect taxes, establish rules governing airport operations, and enter into contracts, etc. These are general powers granted to the board of directors of all special districts.
Formation
The board(s) of supervisors of each county desiring to form or join in forming a district shall adopt a resolution initiating the formation of a district. Each resolution shall contain:
- Statement of intention to form a district;
- District boundaries;
- Name of the district;
- Time and place for hearing objections to the formation of the district or to its extent; and,
- Name of the newspaper in which the resolution shall be published.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made. The concerning authority proceedings for the formation of the airport district may be terminated by the board of supervisors following the hearings, or the board of supervisors may override any protests or objections filed with it and call for an election to form the district. If a majority of the qualified voters within the proposed district votes for approval of the district, the district shall be formed.
Boundaries of a proposed airport district may include the following territory:
- Land located in one or more counties
- Incorporated or unincorporated areas and/or portions of both
Noncontiguous territory may not be included.
Annexation
After the district has been formed, the boundaries of the district may be altered, and outlying incorporated or unincorporated, contiguous territory in the same or adjoining county annexed to the district. Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 34000-38501, Water Code)
Governing Body
The governing body, which is established by law to administer the operation of a California Water District, is composed of a five-member elected board of directors, each of whom must be a landowner within the district. At any time after four years from the date of the district's formation, the board may, by resolution, increase the number of directors from 5 to 7, 9 to 11, and may designate the first additional members to serve on the enlarged board.
Functions
The specific powers that the board of directors may exercise are the acquisition and operation of works for the production, storage, transmission, and distribution of water for irrigation, domestic, industrial, and municipal purposes, and any drainage or reclamation works connected with such undertakings. The board of directors may also acquire and operate facilities and services for the collection, treatment, and disposal of sewage, waste, and stormwater.
In addition to these specific powers, the board of directors of the district has the power to perform all acts necessary or proper to carry out fully the provisions of this division. These are general powers granted to the board of directors of all special districts.
Formation
The formation process is initiated by a petition to the principal county by holders of title to a majority of land that is capable of using water beneficially for irrigation, domestic, industrial, or municipal purposes and which can be serviced from common sources of supply and by the same system of works. If noncontiguous land is included, the petition shall be signed by holders of title to a majority of the assessed value of land within each of the noncontiguous areas proposed to be included within the value of land within each of the noncontiguous areas proposed to be included within the district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the conducting authority shall make an order doing the following:
- Establishing and describing the district boundaries; and,
- Naming the proposed district.
After making the order, the board shall call and give notice of an election, at which the following are entitled to vote:
- Only holders of title to land in the proposed district may vote. Their vote may be in person or by proxy.
- Each voter shall have one vote for each dollar's worth of land to which he holds a title.
If, after the election, a majority of all the votes cast favor the formation of the district, the territory shall be formed as a district.
Pertaining to the proposed boundaries of the California Water District, the following territory may be included:
- Land located in one or more counties;
- Noncontiguous areas may be included if portions of the proposed district are separated by land under the control of a state hospital, or the boundary of each portion of the proposed district is within two miles of the boundary of another portion of the proposed district; or
- Land situated in other distinctive district agencies of the state, including other water agencies organized under the provisions of this division having different plans, purposes, and the object of which is not the same.
Annexation
After the district has been formed, the boundaries of the district may be altered adding contiguous or noncontiguous, incorporated or unincorporated territory. Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 9000-9093, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a cemetery district, is composed of three or five trustees, as specified in the petition for the formation of the district. These trustees are appointed by the board(s) of supervisors. However, the governing body may instead be composed of the board of supervisors, by its resolution, after public hearings are held.
Functions
The specific powers that the trustees may exercise are to maintain a cemetery or cemeteries or acquire and maintain a mausoleum built prior to May 1, 1937. In addition to these specific powers, the district may do all acts necessary or proper for the carrying out of the purposes of this part.
Formation
The formation process is initiated by a petition, signed by not less than 25% of the registered voters residing in the area to be included in the district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modification may be made. The Commission shall order the formation subject to confirmation by election, and subject to the protect provisions at the conducting authority hearing.
At the conducting authority hearings, the proceedings themselves may be terminated if a majority protest exists.
If the election is called and two-thirds of the qualified voters of the district vote in its favor, the district shall be formed.
With respect to the proposed boundaries of a cemetery district, the following territory may be included upon formation:
- Territory located in one or more counties
- Incorporated and/or unincorporated territory
Annexation
After the district has been formed, the boundaries of the district may be altered, and outlying incorporated or unincorporated territory in one or more counties may be annexed to the district. Proceedings are to be initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 61000-61250, Government Code)
Governing Body
The governing body, which is established by law to administer the operation of a community services district, is composed of a three or five-member board of directors, as set forth in the petition for formation, who are registered voters residing within the proposed district. However, the petition for formation may state as an alternative that the board of supervisors shall constitute the board of directors.
Functions
The specific powers that the board of directors may exercise are:
- Supply inhabitants of the districts with water for domestic, irrigation, sanitation, industrial, fire protection, and recreation use;
- Collection, treatment, or disposal of sewage, waste, and stormwater;
- Collection and disposal of garbage or refuse matter;
- Protection against fire;
- Public recreation and parks, playgrounds, golf courses, etc.;
- Street lighting;
- Mosquito abatement;
- Police and lifeguard protection;
- Library buildings and library service;
- Street improvement, maintenance, and repair (subject to consent of the governing body of the city and county in which improvements are made);
- Construction and improvement of bridges, culverts, curbs, gutters, and drains (subject to the consent limitations of item 10, above);
- Conversion of overhead electric and communication facilities to underground locations, when such facilities are owned and operated by a "public utility" or "public agency," subject to the consent of the public utility or public agency responsible for such facilities;
- Contract for ambulance service if the majority of the voters in the district voting in an election thereon, approve;
- Provide and maintain public airports and landing places for aerial traffic; and
- Improvement district.
After formation, should the district's board of directors determine by resolution that it is feasible, economically sound, and in the public interest for the district to exercise its powers for additional purposes not designated in the original formation petition, the board may submit to the voters of the district the question of whether the district should adopt such additional purposes.
Formation
The formation process is initiated by presenting a petition, signed by not less than 25% of the registered voters residing in the area to be included in the district. If the district lies in more than one county, separate petitions shall be addressed to the LAFCo of each county. Upon receipt of the petitions, said LAFCos shall fix a time and place for the hearing.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
If the proposal is approved, LAFCo shall direct the conducting authority to call an election to determine whether or not the district is to be formed. After the election has been completed and if a majority of the qualified voters favor formation, the district shall be formed.
If the board of supervisors determines that 80% of the registered voters within the proposed district have signed the petition, and no protests have been received or offered at the hearing, the board may order the formation without an election and declare the district duly organized, describe its boundaries and designate the members of the board of directors. If one or more written or oral protests are made at the conducting authority hearing, the board of supervisors shall review the protest(s) and determine if there should be an election or if they should declare the district is formed without an election. The board shall not waive election when the proposed district would encompass territory in more than one county.
Annexation
Pertaining to the proposed boundaries of a community services district, only contiguous, unincorporated territory may be included in the formation boundaries.
After the district has been formed, the boundaries of the district may be altered, and contiguous or noncontiguous unincorporated territory may be annexed to the district. Incorporated territory, which is contiguous to the district, may be annexed to the district with the consent of the affected city. Proceedings for annexation are initiated pursuant to Section 56000 et seq. of the Government Code.
(Section 4700-4859, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a county sanitation district, is composed of a Board of Directors of not less than three members. The makeup of the Board of Supervisors is as follows:
- If the district includes no territory that is within cities or sanitary districts, then the County Board of Supervisors is the Board of Directors;
- If the territory of the district lies wholly within a city, the legislative body of said city is the Board of Directors of the district; or
- If the district includes territory within a city or other sanitation district or public agency, then the Board of Directors shall be composed of the presiding officer of each agency's legislature.
Functions
The specific powers that the Board of Directors may exercise are as follows:
- To acquire, construct, and complete sewage collection, treatment, and disposal works;
- To construct, maintain, and operate a refuse transfer or disposal system (refuse collection is prohibited);
- To make provision for street cleaning and street sweeping services on the roads and streets within the boundaries of the district; and
- To acquire, construct, control, operate, and maintain waterworks, conduits, reservoirs, storage sites, and other works and facilities for the production, treatment, storage, and distribution of a water supply.
In addition to these specific powers, the Board of Directors may exercise certain other general powers in the operation of the district.
Formation
The formation proceedings can only be initiated by the passage of a resolution of intention by the Board of Supervisors. The resolution shall contain, among other things, the district boundaries and the name of the district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority hearing, proceedings shall be terminated by the Board of Supervisors if written protests are submitted by owners of more than one-half of the total assessed value of real property within the proposed district.
An election on the formation of the proposed district is not required unless a written objection, signed by 5% of the voters registered in the district if the district contains less than 2,001 registered voters is received. However, the written objection, in either event, must contain at least 100 signatures. If such written protest is presented to the Board of Supervisors, the Board either abandons the formation proceedings or calls an election. At the called election if a majority of the qualified electors vote in favor of formation, the district is formed.
With respect to the proposed boundaries of a county sanitation district, the following territory may be included:
- Contiguous or noncontiguous territory.
- Unincorporated and/or incorporated territory (however, the city's consent is required if only a part of its boundaries is included in the proposed district).
- Territory of a district formed for similar purposes may not be included except with the consent of such district and the Board of Supervisors.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:
- Any territory not in any other sanitation district or district formed for similar purposes;
- Contiguous or noncontiguous territory, except only contiguous territory in another county may be annexed; or
- Unincorporated and/or incorporated territory.
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 25210 - 25217.4, Government Code)
Governing Body
The governing body, which is established by law to administer the operation of a county service area, is the Board of Supervisors. The original intent of the county service area law was to give an alternative method for providing municipal type governmental services by counties within unincorporated areas.
Functions
A county service area may be established to provide any one or more of the following types of extended services within an unincorporated area:
- Extended police protection;
- Structural fire protection;
- Local park, recreation, or parking facilities and service;
- Extended library facilities and services;
- Television translator station facilities and services; and
- Any other governmental services that the county is authorized by law to perform and which the county does not also perform to the same extent on a countywide basis both within and outside city boundaries. These other governmental services shall include but not be limited to the following:
-
- Water Service;
- Sewer service;
- Pest or rodent control;
- Street and highway sweeping;
- Street and highway lighting;
- Refuse collection;
- Garbage collection; and
- Ambulance service.
In Imperial County, these services include street lighting only at this time.
The County Board of Supervisors governs the service areas and provides by resolution, the service activities of each service area. Formation of service areas or the additions of service to existing areas are initially requested by property owners or by the Board of Supervisors when they find that such services are necessary or convenient to the public.
Overall responsibility for the administration of County Service Areas in Imperial County lies with the Department of Public Works. The Director of Public Works with the aid of other county departments determines the budget and is responsible for the coordination of services within each service area.
With the cooperation of the Imperial Irrigation District providing poles and lights and supplying electricity, the present county service area is possible.
To maintain services in county service areas, the Board of Supervisors may acquire, rent, or lease property within any service area. Bonds are permitted and zones may be created within any service area with tax rates varying with the extent of benefit to the property within each zone. County funds may also be borrowed and the Board shall set the rate of interest upon repayment.
Formation
The formation process may be initiated by: (1) resolution of the Board of Supervisors on its own initiative by a written request signed by two members of the board, or a resolution adopted by a majority of members of the governing body of any city in a county; or (2) a petition, submitted to LAFCo, signed by not less than 25% of the registered voters residing within the area; or (3) a petition, submitted to LAFCo, signed by not less than 25% of the number of owners of land who own not less than 25% of the assessed value of land within the area. After receipt of the written request or petition, LAFCo shall fix a time and place for a public hearing on the establishment of the service area.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
LAFCo may authorize the conducting authority to form a county service area without notice, hearing, or an election if the Commission has received written consent to the formation signed by all of the landowners within the proposed service area.
At the conducting authority hearing, the Board of Supervisors shall terminate the proceedings if citizens living in the proposed district present a written protest signed by 50% or more of the registered voters or signed by the owners of one-half or more of the value of the land and improvements in the proposed district. Otherwise, the board may choose to either terminate the proceedings or establish the county service area by resolution.
However, if within 60 days from the adoption of such resolution a petition, signed by 10% or more of the registered voters, is filed with the board, the board, after reconsidering the resolution, must either rescind the resolution or call for an election of the voters residing in the proposed service area. At this election, a majority of the qualified voters must vote in favor of the issue for the service area to be formed.
Pertaining to the boundaries of a county service area, the following territory may be included:
- Contiguous or noncontiguous territory
- Unincorporated or incorporated territory (incorporated territory may be included only if the city legislative body consents by resolution)
After the county service area has been formed, the boundaries of the service area may be altered and the following territory may be annexed:
- Both contiguous and noncontiguous territory
- Unincorporated and incorporated territory (incorporated territory may be annexed only if a majority of the city legislative body consents by resolution).
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 30000 - 33901, Water Code)
Governing Body
The governing body, which is established by law to administer the operation of a county water district, is composed of a five-member Board of Directors. These Directors, whether appointed or elected shall be voters of the district.
Functions
The specific powers that the Board of Directors may exercise are the following:
- Furnish sufficient water in the district for any present or future beneficial use. To accomplish this purpose, the district has the power for storage and conservation of water and water rights, and the operation of waterworks;
- Generate and sell electric power in connection with a water conservation project;
- Acquisition, construction, and operation of facilities for the collection, treatment, and disposal of sewage, waste, and stormwater. A district may also provide the services under this section to inhabitants outside its boundaries provided it does not provide services to inhabitants of any other public agency without the consent of that agency expressed by resolution or ordinance;
- Drainage and reclaiming lands within the district;
- Provide fire protection; and
- Acquire, construct, maintain, and operate facilities appropriate or ancillary to the recreational use of water, provided that recreational use of water shall be subject to approval of the public health authority having jurisdiction.
In addition to these specific powers, the Board of Directors of the district has the general powers to perform acts necessary or proper, to carry out the provisions of this division.
Formation
The formation process is initiated by a petition to LAFCO signed by 10% of the number of voters registered 30 days prior to the petition filing date. However, if incorporated territory is included in the proposed district, the petition must be signed by 10% of the voters of the unincorporated area and 10% of the voters of each municipal area or part thereof, with the 10% representing the votes cast at the last general election.
After the formation proceedings have been initiated, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority, where no further modifications may be made.
At the conducting authority stage, the Board of Supervisors may terminate further formation proceedings or, if the Board determines that the proposed district is in the public interest, it shall call an election on the next established election date on the issue of the formation of the district. If at the election a majority favorable vote is cast by the registered electors, the district shall be formed.
Pertaining to the proposed boundaries of a county water district, the following territory may be included:
- Incorporated and/or unincorporated territory
- Contiguous territory
- Two or more contiguous counties
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory annexed:
- Incorporated or unincorporated territory
- Contiguous or noncontiguous territory
- Land in any county contiguous to the county wherein the district was formed
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 55000 - 55991, Water Code)
Governing Body
The governing body, which is established by law to administer the operation of a county waterworks district, is the Board of Supervisors. Under former law, the Board of Supervisors was required to appoint a separate Board of Directors under certain conditions. The Board of Supervisors may now appoint, and at any time, dissolve a Board of Directors governing a county waterworks district. Where the district becomes a subsidiary district of a city pursuant to the Cortese/Knox Local Government Reorganization Act, the City Council of the city is the governing Board of the district.
Functions
The specific powers that the Board of Supervisors may exercise are as follows:
- The supplying of water for irrigation, domestic, industrial, or fire protection purposes and for the development and conservation of water supplies for those purposes;
- Acquisition, purification, treatment, and reclamation of saline water or sewage, or both; and
- Construction, maintenance, and operation of sewage collection and treatment facilities.
Formation
The formation process is initiated by presenting a petition to LAFCo signed by not less than 25% of the freeholders within the district or not less than 25% of the freeholder residents and non-residents including not less than 15% of such resident freeholders.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the Board of Supervisors shall terminate proceedings if protests have been made by more than 50% of the assessed value of real property within the proposed district or by the owners of more than 50% of total acreage within the district. Otherwise, the Board may declare the district formed or set the matter for an election.
If at the election a majority of all the votes cast are in favor of the formation of the district, the Board of Supervisors shall declare the district formed.
The following territory may be included within the boundaries of a proposed county waterworks district:
- Any portion of a county containing unincorporated territory.
- The whole or any portion of one or more incorporated cities and contiguous unincorporated territory.
- Two or more noncontiguous parcels but no parcel under ten acres.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory annexed:
- Incorporated and unincorporated territory.
- Contiguous or noncontiguous territory.
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 13800-13970, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a fire protection district may be composed of one of the following alternatives, as set forth in the petition or resolution proposing the formation of the district.
- In the case of a district that contains only unincorporated territory in a single county, the district board may be elected or may be appointed by the county board of supervisors which may appoint itself as the district board.
- In the case of a district that contains only unincorporated territory in more than one county, the district board may be elected or may be appointed by the boards of supervisors of the counties in which the district is located. If the district board is appointed by the boards of supervisors, they shall appoint directors according to the proportionate share of population of that portion of each county within the district, provided that each board of supervisors shall appoint at least one director.
- In the case of a district which contains unincorporated territory and the territory of one or more cities, the district board may be elected or appointed by the county board of supervisors and the city councils in which the district is located. If the district board is to be appointed, the board of supervisors and the city council or councils shall appoint directors according to the proportionate share of population that portion of the county and each city within the district, provided that the board of supervisors and each city council shall appoint at least one director. The board of supervisors or city council may appoint one or more of its own members to the district board. In no case shall the number of directors exceed 11 members.
- In the case of a district that includes only incorporated territory within a single city, the district board may be elected or appointed by the city council which may appoint itself as the district board.
- In the case of a district which includes only incorporated territory in more than one city, the district board may be elected or appointed by the city councils in which the district is located. If the district board is appointed, the city councils shall appoint directors according to the proportionate share of the population of that portion of each city within the district, provided that each city council shall appoint at least one director. The city council may appoint one or more of its own members to the district board.
The elected board may be increased from three to five members in the following manner:
- If by unanimous resolution of the Board, it is proposed to increase the number of Directors from three to five, the district must call a special election; or
- If by petition of 50 or more voters, it is proposed to increase the number of Directors, the Board must do one of the following;
- Call a special election; or
- Publish a notice and call a public hearing, transmit the petition to the Board of Supervisors with the Directors' recommendation, then the Board of Supervisors may make an order appointing the new Directors.
Election by Division
Where the Board of a fire protection district is elected, it may, by resolution, be submitted to the voters at any district election the question of whether Directors shall be elected by divisions. Establishment of divisions shall be determined by population and each Director shall be a resident of the division from which he or she is elected.
Functions
The specific powers that the Board of Directors or its appointees may exercise are:
- Establish equipment and operate a fire department in order to provide and maintain any and all special service functions necessary for the prevention of fire and for the protection of life and property from fire and panic, including the investigation of fire and prosecution of crimes of arson;
- Acquire and construct facilities within the district for the development, transmission, storage, and distribution of water where necessary for the purpose of providing fire protection;
- Purchase, maintain, and operate ambulances or ambulance services inside or outside the district; and
- Establish, equip, maintain, and operate rescue and first-aid services inside and outside the district.
In addition to these specific powers, the district board has general powers necessary to carry out the purposes and intent of these powers.
Formation
The formation process is initiated by one of the following methods:
- A proposal to form a new district may be made by the adoption of a resolution of application by the legislative body of any county or city which contains territory proposed to be included in the district;
- A proposal to form a new district may be made by petition and shall be signed by not less than 25 percent of the registered voters residing in the area to be included in the district;
- A petition to LAFCo signed by the registered voters in the proposed district equal to at least 51% of the votes cast for governor at the last gubernatorial election. (If this type of petition is presented to the Board, the district may be formed, after holding public hearings, without an election.); or
- A petition to LAFCo signed by owners of a least 51% of the assessed valuation of the real property in the proposed district. (If this type of petition is presented to the Board, the district may be formed, after holding public hearings, without an election).
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formations are sent to the conducting authority where no further modifications may be made.
During the conducting authority hearings, the formation proceedings may be terminated if written protests signed by the owners of the majority of the assessed value of the real property are filed with the conducting authority. At the conclusion of public hearings, the conducting authority may exercise one of the following alternatives:
- If the conducting authority finds that the project is not feasible, economically sound, and in the public interest, it shall terminate the proceedings;
- If a petition signed by 25% of the registered voters has been presented to the conducting authority and it has found, after public hearings that the proposed district is feasible, economically sound, and in the public interest, it shall call for an election;
- If the conducting authority has adopted a resolution of intention and after holding a public hearing, has found that the proposed district is feasible, economically sound, and in the public interest, it shall call for an election; or
- If a petition is either signed by 51% of the registered voters in the proposed district or signed by owners of at least 51% of the assessed valuation of the real property in the proposed district, has been presented to the conducting authority, and after public hearings, the Board has found that the proposed district is feasible, economically sound, and in the public interest, it may, by resolution, declare the district formed without recourse to an election.
If an election is called and a majority of the qualified voters within the proposed district votes favorably on the formation, the district shall be formed.
Pertaining to the proposed boundaries of the fire protection district, the following territory may be included:
- Incorporated and/or unincorporated territory, not including timbered, brush, or grass-covered lands declared to be the responsibility of the State for fire protection.
- Contiguous or noncontiguous portions of unincorporated territory may be included within the district governed by the Board of Supervisors or its appointees.
Annexation
After the district has been formed, the boundaries of the district may be altered, and outlying contiguous or noncontiguous (in case the of districts governed by the County Board of Supervisors), incorporated, or unincorporated territory may be included within districts. Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 49100-49195, Public Resources Code)
Governing Body
The governing body, which is established by law to administer the operation of a garbage disposal district, is the Board of Supervisors.
Functions
The specific powers that the Board of Supervisors may exercise are the following:
- The collection and disposal of garbage and other refuse matter in the district; and
- The operation and maintenance of a garbage and refuse disposal site.
In addition to these specific powers, the Board of Supervisors also has the general power to perform all acts necessary or proper to accomplish the purposes of this chapter.
Formation
The formation process is initiated only by the adoption of a resolution by the Board of Supervisors. Upon the submission to LAFCo of such a resolution, the Commission shall fix a time and place for a hearing on the matter of the formation of the district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the Board of Supervisors shall either terminate further formation proceedings or order the matter submitted to the registered voters of the proposed district.
If, at the election, a majority of all those voting upon the question of the creation of the district and a majority of those voting thereon in each city is in favor of the formation of the district, the territory shall be formed into a district.
Pertaining to the proposed boundaries of the garbage disposal district, the following territory may be included:
- Any portion or portions of one county.
- Any contiguous or noncontiguous territory if such territory is a full subdivision but in no case contains less than 10 privately owned acres.
- Any unincorporated or incorporated territory. However, if incorporated territory is included, the unanimous consent of the governing body of the city must be obtained if only a portion, rather than the total city, is in the proposed district.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory annexed:
- Unincorporated or incorporated area
- Contiguous territory or noncontiguous territory which contains 10 acres or more of privately owned land
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 32000 - 32499.95, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a hospital district, is composed of an elected five member Board of Directors. This five-member board of directors may be increased to seven members in any district which provides at least 225 hospital beds, if such measure is approved by a majority of the registered voters of the district.
Functions
The specific powers that the Board of Directors may exercise are to establish, maintain and operate one or more hospitals, situated within the territorial limits of the district, to acquire, maintain and operate ambulances or ambulance services inside and outside the district and to establish a nurses' training school in connection with the hospital, to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services.
In addition to these specific powers, the Board of Directors of the district has the general powers to perform acts necessary or proper to carry out the provisions of this division.
Formation
The formation process is initiated by a petition signed by registered voters residing in the proposed district equal to 12% of the voters registered within the boundaries of the proposed district 30 days prior to the filing of the petition. There is no provision for initiation by resolution. No hearing upon the petition to form a hospital district shall be held until it has been certified with the appropriate voluntary area health planning agency.
After the formation proceedings have been initiated, LAFCO must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
The conducting authority proceedings for the formation of a hospital district may be terminated by the Board of Supervisors or by protest by the majority of the registered voters residing in the proposed district.
If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed. The County Board of Supervisors appoints the first board members.
The following territory may be included within the proposed boundaries of a hospital district:
- Contiguous or noncontiguous territory, but the territory of a city may not be divided.
- Unincorporated or incorporated territory.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:
- Contiguous or noncontiguous land
- Unincorporated or incorporated territory
Proceedings for annexation are initiated pursuant to Section 56000 et seq. of the Government Code.
(Section 20500 - 29978, Water Code)
Governing Body
The governing body, which is established by law to administer the operation of an irrigation district, is composed of a three or five-member Board of Directors elected at large or by divisions of the district.
Functions
The specific powers that the Board of Directors may exercise are to supply water for beneficial purposes; provide for any and all drainage made necessary by the irrigation provided for by the district; purchase or lease electric power and provide for the acquisition, operation, and control of plants for the generation, transmission, etc. of electric power; provide, maintain and operate flood control works in districts having 200,000 acres or more; reclaim wastewater for beneficial use; sewage disposal if approved by majority at election; construct, maintain, and operate recreational facilities in connection with dams, reservoirs or other work owned and constructed by the district.
Formation
The formation process is initiated by a petition to LAFCo by a majority of the property owners who also own a majority of the value of the land in the proposed district; or by 500 petitioners, each of whom is a voter residing in the proposed district or a holder of title, which petition is signed by holders of title of not less than 20% in value of land therein. A copy of the petition is sent to the State Department of Public Works for a feasibility report. There is no provision for initiation by resolution.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority proceedings, the Board of Supervisors must call an election. If a majority of the qualified voters of the district vote in its favor, the district shall be formed.
Contiguous or noncontiguous territory may be included within the proposed boundaries of an irrigation district.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:
- Contiguous or noncontiguous territory
- Incorporated or unincorporated territory
Proceedings for annexation are initiated pursuant to Section 56000 et seq. for the Government Code.
(Sections 19400 - 19532, Education Code)
Governing Body
The governing body, which is established by law to administer the operation of library district, a Board of Trustee consisting of three or five members. The County Board of Supervisors shall appoint the required number of library trustees from the district at large. Succeeding trustees will be elected.
Functions
The specific powers that the trustees may exercise are to establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences and general literature. In addition to these specific powers, the district may do all acts necessary or proper for the carrying out of the purpose of this part.
Formation
The formation process is initiated by a petition signed by the registered voters equal to 5% of voters casting votes at the last election for governor within the proposed district and presented to LAFCo of the principal county. The petition shall specify whether the proposed library district shall be governed by a three-member or five-member board of library trustees.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the proceeding for the formation of the library district may be terminated by written protest by the owners of the majority of land according to the assessed valuation. The proceedings may also be terminated by the Board of Supervisors or by written protest by the registered voters within the proposed district equal to at least 50% of the number of voters cast in the last election for governor.
If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed.
Annexation
The following territory may be included within the proposed boundaries of a library district:
- Land located in one or more counties
- Unincorporated and incorporated territory if the city is not divided
- Contiguous parcels only
After the district has been formed, the boundaries of the district may be altered to annex outlying incorporated or unincorporated contiguous territory in the same, or an adjoining county.
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 2000-2093, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a mosquito abatement district, is composed of at least a five-member Board of Trustees. The makeup of the board shall be as follows:
- If the district is situated in one or more counties and consists wholly of unincorporated territory, the Board or Board of Supervisors shall appoint the trustees; or
- If the district is situated in one or more counties and consists of unincorporated and incorporated territory, the trustees shall be appointed by the Board or Board of Supervisors and the governing body of any city included.
There is a particular formula used to appoint trustees to the district's board if more than one public jurisdiction is included within the district. There are procedures for increasing or decreasing the number of Trustees on the Board.
Functions
There are specific powers that the district may exercise:
- The extermination of mosquitoes, flies or other insects either inside or outside the district;
Formation
The formation process is initiated by a resolution of intention adopted by the Board of Supervisors or a petition signed by registered voters in each unit of the proposed district, equal in number to 10% of the number of votes cast in each unit respectively for the office of governor at the last gubernatorial election. However, if city territory is included in the proposed district, the city's governing body must request its inclusion by resolution.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made. The Commission may authorize the conducting authority to order the formation of the district without election.
(Sections 11501 - 14403.5, Public Utilities Code)
Governing Body
The governing body, which is established by law to administer the operation of a municipal utilities district is composed of a five-member Board of Directors elected by the wards within the district.
Functions
The specific powers the Board of Directors may exercise are to acquire, construct, own, operate, control or use, inside, or partly inside or outside the district, works or parts of works for supplying the inhabitant of the district and public agencies therein, or some of them, with light, water, power, heat, transportation, telephone services or to other means of communication, or means for the collection, treatment, or disposition of sewage; and may do all things necessary or convenient to the full exercise of the powers herein granted.
Formation
The formation process is initiated by a petition filed with LAFCo signed by 100% of the voters within the proposed district, or by resolutions adopted by half or more of the public agencies to be included in the proposed district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
Following the LAFCO proceeding, the Board of Supervisors must call for an election. If the majority of at least two-thirds of the qualified voters of the district vote in its favor, the district shall be formed.
- Incorporated or unincorporated territory, through no public agency may be divided.
- Contiguous or noncontiguous.
- One or more counties.
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory annexed:
- Contiguous or noncontiguous land
- Incorporated or unincorporated land
Proceedings for annexation are initiated pursuant to Section 56000 et seq. of the Government Code.
(Sections 71000 - 73001, Water Code)
Governing Body
The governing body, which is established by law to administer the operation of a municipal water district, is composed of a five-member Board of Directors elected from divisions of the district.
Functions
The specific powers that the Board of Directors may exercise are to supply water for beneficial purposes; construct, improve, and operate public recreational facilities appurtenant to any water reservoir operated or contracted to be operated by the district; acquire, construct, and operate facilities for providing fire protection; emergency medical services, including ambulance and paramedic services; acquire waterworks or a waterworks system, waters or water rights, acquire, construct and operate sanitation facilities.
In addition, the district may construct facilities necessary for the generation, transmission, or distribution of electricity and construct, maintain, improve, and operate public recreational facilities appurtenant to any water reservoir owned or operated by the district.
Formation
The formation process is initiated by a petition signed by voters equal to 10% of the number of voters in the proposed district 30 days before the petition is filed. If only a portion of a city is included, there are special provisions applicable to the petition. There is no provision for initiation by a resolution of the Board of Supervisors.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
Following the LAFCo proceedings, the Board of Supervisors must hold a conducting authority hearing and call for an election, If a majority of the district vote in its favor, the district shall be formed.
The following territory may be included within the proposed boundaries of a municipal utilities district:
- Land located in one or more counties or cities
- Unincorporated and/or incorporated territory
- Contiguous or noncontiguous territory
Annexation
After the district has been formed, the boundaries of the district may be altered. The following territory may be annexed to the district:
- Contiguous or non-contiguous territory
- Unincorporated territory or an undivided city
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 15501 - 18055, Public Utilities Code)
Governing Body
The governing body, which is established by law to administer the operation of a public utility district, is composed of a three or more-member Board of Directors. However, the board must consist of an odd number of directors.
Functions
The specific powers that the Board of Directors may exercise are to acquire, construct, own, operate, control, or use, inside or outside or partly inside and partly outside the district, works for supplying its inhabitants with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the disposition of garbage, sewage, or refuse matter, and may do all things necessary or convenient to the full exercise of the powers granted in this article.
A district may also acquire, construct, own, complete, use, and operate a fire department, street lighting system, public parks and recreation, and works to provide for the drainage of roads, streets, and public places.
Formation
The formation process is initiated by a petition signed by voters of the proposed district equal to 15% of all votes cast for all candidates for governor at the last general election at which the governor was elected. There is no provision for initiation by resolution.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the Board of Supervisors either may terminate the proceedings for the formation of a public utility district or call for an election. There is no provision for majority protest.
If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed.
The following territory may be included within the proposed boundaries of a public utilities district:
- Contiguous or noncontiguous territory
- Unincorporated territory
Annexation
After the district has been formed, the boundaries of the district may be altered and unincorporated, contiguous or noncontiguous territory of at least 10 privately owned acres lying within three miles of the closest district boundary may be annexed to the district.
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Section 5780 - 5796.20, Public Resources Code)
Governing Body
The governing body, which is established by law to administer the operation of a recreation and park district, is composed of either: (1) the Board of Supervisors of the county in which lies the territory within the proposed district; (2) a five-person Board of Directors appointed by the Board of Supervisors and by the mayors of the cities included wholly or partly in the district; or (3) a five-person board which is elected or selected by a method specified in the petition or resolution of initiation.
Functions
The specific powers that the Board of Directors may exercise are to organize and conduct programs of community recreation, establish systems of recreation and recreation centers, and to acquire, construct, maintain, and operate recreation centers inside or outside the district. A district with all of the powers of a recreation and park district, except the power of eminent domain, may also be formed.
Formation
The formation process may be initiated by a resolution of the Board of Supervisors or by a petition presented to LAFCo signed by the registered voters equal to 25% of the number of votes cast within the boundaries of the proposed district in the last general election for governor. The Board of Supervisors or the City Council of each city proposed to be included within the district, or both, or the supervising authority, may request a feasibility report from the Director of Parks and Recreation.
After formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority stage, the proceedings for the formation of a recreation and park district may be terminated by the Board of Supervisors, or, if before the conducting authority adopts a resolution for formation, written protest is made by owners of real property within the proposed district who own more than 50% of the assessed valuation.
If an election is called and a majority of the qualified voters of the district vote in its favor, the district shall be formed.
The following territory may be included within the proposed boundaries of a recreation and park district:
- Land located in one or more counties
- Contiguous or noncontiguous territory
- Incorporated or unincorporated territory
- Territory not included in another recreation and park district
Annexation
After the district has been formed, the boundaries of the district may be altered and the following territory may be annexed to the district:
- Contiguous territory
- Incorporated or unincorporated territory
- Territory not included in another recreation and park district
Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.
(Sections 9151 - 9491, Public Resources Code)
Governing Body
The governing body of a resource conservation district may be appointed or elected and is composed of five, seven, or nine directors.
Functions
A resource conservation district may be formed for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities.
Formation
The formation process may be initiated by petition of landowners. The petition shall describe the boundaries of the proposed district and shall propose a name for the district. The petition must contain the signatures of not less than 10 percent of the registered voters residing in the area to be included in the district. The petition is presented to LAFCo in the county which contains all or the greatest portion of the lands within the proposed district.
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
If LAFCo approves the formation of a district, within 30 days following the adoption of the commission’s resolution, the board of supervisors shall call and give notice of the election to be held in the proposed district.
At the election, if a majority of the qualified voters within the proposed district vote in favor of formation, the district shall be organized.
The following territory may be included within the proposed boundaries of a resource conservation district:
- Those generally of value for agriculture, including farm and range land useful for the production of agricultural crops or for the pasturing of livestock.
- Those necessary for the control of runoff, the prevention of soil erosion, and the development and distribution of water.
Those necessary for land improvement, and for fully accomplishing the purpose for which the district is formed.
Annexation
Additional land may be annexed to the district in accordance with the provisions of the Cortese-Knox Local Government Reorganization Act of 2000, Sections 56000 et seq. of the Government Code. The land need not be contiguous but shall be susceptible to the same general plan or system for the control of runoff, the prevention or control of soil erosion, and the development and distribution of water, or land improvement.
(Sections 6400 - 6830, Health and Safety Code)
Governing Body
The governing body, which is established by law to administer the operation of a sanitary district, is composed of a five-member elected Board of Directors and an Assessor.
Functions
The specific powers that the Board of Directors may exercise are the acquisition, maintenance, and operation of:
- Garbage dump sites, garbage collection and disposal systems;
- Sewers, drains, septic tanks, sewage collection, disposal systems, outfall treatment works, and other sanitary disposal systems; and
- Stormwater drains and stormwater collection, outfall, and disposal systems, and water reclamation and distribution systems.
In addition to these specific powers, the Board of Directors also may exercise certain other general powers in the operation of the district.
Formation
The formation process is initiated only by a petition filed with LAFCo and signed by 25 persons living in the proposed district. If more than one county is included in the proposed district, 15 signers must live in the principal county and 10 signers from those living in the other county(ies).
After the formation proceedings have been initiated, LAFCo must conduct a noticed public hearing. After hearing public testimony, the Commission may approve, modify, or deny the proposed formation. If it is approved, the Commission also will adopt terms and conditions for the formation and establish a sphere of influence for the new district. Then the proposed formation is sent to the conducting authority where no further modifications may be made.
At the conducting authority hearing, the Board may terminate further proceedings or it may call for an election.
At the election, if a majority of the qualified voters within the proposed district vote in favor of formation, the district shall be organized.
The following territory may be included within the proposed boundaries of a sanitary district:
- Contiguous territory in one or more counties
- Incorporated and/or unincorporated territory
Annexation
After the district has been formed, the boundaries of the district may be altered, and outlying incorporated or unincorporated, contiguous or noncontiguous territory in the same or adjoining county(ies) may be annexed to the district. Proceedings for annexation are initiated pursuant to Sections 56000 et seq. of the Government Code.