State Codes and Statutes

State Codes and Statutes

Statutes > California > Mvc > 1170-1185

MILITARY AND VETERANS CODE
SECTION 1170-1185



1170.  As used in this chapter, unless the context otherwise
indicates:
   (a) "District" means a memorial district organized under the
provisions of this chapter.
   (b) "Board" means the board of directors of a memorial district.



1171.  A memorial district may be established, maintained, governed,
supported, and operated in the manner and for the purposes herein
provided, and may exercise the powers and jurisdiction herein
expressly granted or necessarily implied.


1172.  No district shall include territory not wholly in the same
county. A district may include any incorporated territory of the
county together with any contiguous unincorporated territory thereof,
or may be formed entirely of contiguous incorporated territory or
entirely of contiguous unincorporated territory.



1173.  By petition filed with the county clerk, registered electors
residing within the boundaries of a proposed district, equal in
number to at least eight per cent of the number of votes cast in the
proposed district for the office of Governor at the last general
election at which a Governor was elected, may propose the formation
of a district. If both incorporated and unincorporated territory are
included within the proposed district, the petition shall be signed
by registered electors equal in number in each territory to at least
eight per cent of the votes so cast therein for Governor.



1174.  The petition shall be addressed to the board of supervisors
of the county within which the proposed district is situated, shall
be signed by the number of qualified registered voters specified in
section 1173, and shall propose and set forth:
   (a) The formation of a district under this chapter.
   (b) The calling by the board of supervisors of a special election
to vote upon the question whether the proposed district shall be
formed and to elect the first board of directors of the district.
   (c) The name of the proposed district, as "____ memorial district."

   (d) An accurate description of the boundaries of the proposed
district specifying what portion of the territory is incorporated
territory and what portion unincorporated territory.



1175.  The petition may be filed in sections, each of which shall
fully comply with all of the requirements for a petition, except that
each section need not contain the total number of signatures
required for a petition.


1176.  Within 30 days after the filing of the petition the county
elections official shall find and certify whether the petition is
signed by the requisite number of qualified registered voters of the
proposed district and of the incorporated and unincorporated portions
thereof and shall present the petition with the certificate of his
or her findings attached thereto to the board of supervisors at its
first regular meeting held 10 days from the date of certification of
the petition. The board shall fix a time and place for the hearing of
the petition not less than 20 days nor more than 40 days after the
date of the meeting, and shall direct the clerk of the board to
publish a notice once a week for three successive weeks in a
newspaper circulated in the territory that it is proposed to organize
into a district, and that the board deems most likely to give notice
to the inhabitants of the territory.



1177.  If the petition and certificate is presented to the board of
supervisors at a regular meeting the board at that meeting shall
ascertain whether the petition in all respects complies with the
requirements therefor, except that the certificate shall be
conclusive evidence of the sufficiency of the signatures to the
petition.



1177.5.  The notice required in Section 1176 shall state the fact
that the board has fixed the time and place, which shall be stated in
the notice, for a hearing on the matter of the formation of a
memorial district. The notice shall describe the territory or shall
specify the exterior boundaries of the territory proposed to be
organized into a district.



1177.6.  At any time prior to the time fixed for a hearing of the
matter, any person interested may file with the clerk of the board
written objections to the formation of the district. At the time and
place fixed for the hearing or at any time to which the hearing may
be continued, the board of supervisors shall consider and pass on all
objections to the creation of a district, or to the inclusion of any
territory in the district. At the hearing, the board of supervisors
may exclude any territory that in the opinion of the board would not
be benefited by inclusion in the district.



1178.  At the conclusion of the hearing, the board of supervisors
shall either adopt an order abandoning the creation of the proposed
district or shall by resolution call a special election to vote upon
the question of formation of the proposed district and to elect the
members of the first board of directors thereof.




1178.5.  Sample ballots shall be printed and mailed, together with a
synopsis of the provisions of Chapter 1 (commencing at Section 1170)
of Division 6, to each registered voter in the proposed district.



1179.  The special election shall be held upon a date not later than
the 130th day after the meeting of the board at which the petition
was presented. At the special election, the proposition submitted
shall be "Shall the proposed ____ memorial district be formed " There
shall be elected at the same election a board of directors
consisting of five members.



1180.  The special election shall be called, noticed, held, and
conducted, election officers appointed, voting precincts designated,
candidates nominated, ballots printed, polls opened and closed,
ballots counted and returned, returns canvassed, results declared,
certificates of election issued, oaths of office administered, and
all other proceedings incidental to and connected with the election
shall be regulated and done, in accordance with the provisions of law
regulating elections conducted pursuant to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10
of the Elections Code).


1180.1.  Within five days after the district formation election has
been called, the legislative body which has called the election shall
transmit, by registered mail, a written notification of the election
call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
   The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
   The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
   The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.


1180.2.  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 to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
   Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.




1180.3.  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 prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
   In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
   (a) The board of supervisors or any member or members of the board
authorized by the board.
   (b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.



1180.4.  The elections 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 mailed to each
voter entitled to vote on the district formation question.
   The ballot pamphlet shall contain the following, in the order
prescribed:
   (a) The complete text of the proposition.
   (b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
   (c) The argument for the proposed district formation.
   (d) The argument against the proposed district formation.
   The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.



1181.  For the purposes of this chapter the board of supervisors and
the county elections official, respectively, shall have all the
powers and duties that boards of trustees and city clerks have under
Section 1180 and the terms "city," "municipal election," "board of
trustees," and "city clerk," shall mean "proposed memorial district,"
"proposed memorial district election," "board of supervisors," and
"county clerk."



1182.  If a majority of the votes cast at the special election are
in favor of formation of the district, the county elections official
shall, within ten days after the board of supervisors has declared
the result thereof, record in the office of the county recorder a
complete certified copy of the statement of results entered on the
minutes of the board of supervisors in accordance with Section 1180,
together with a complete certified copy of the petition for formation
of the district, except that the signatures on the petition need not
be certified and recorded.



1183.  Such certified copies when recorded shall, after sixty days
from the date of the special election, be conclusive evidence against
all persons, firms, associations and corporations, except the State,
of the regular and sufficient formation of the district and
establishment of the boundaries thereof as set forth in the petition
and of the validity of all proceedings preliminary to the formation
and establishment of the district.



1185.  A district may be formed in the manner prescribed by this
article that is within an existing memorial district, if, in addition
to the petition required by Section 1173, there is filed with the
county elections official a verified copy of a resolution by the
board of the existing district consenting to the formation of the new
district.