8115-8127

STREETS AND HIGHWAYS CODE
SECTION 8115-8127




8115.  Separation of grade districts may be formed as provided in
this part and may exercise the powers herein granted. Any such
district shall consist of contiguous areas within a single county and
shall include either a city and unincorporated territory or two or
more cities with or without unincorporated territory.




8116.  Whenever the board of any county finds that the safety and
welfare of the residents of contiguous areas within the county
require formation of a district to provide for a separation of grade,
it shall by resolution so declare. If two or more cities are
involved without any unincorporated territory no resolution shall be
adopted under this section until the interested city councils request
by resolution the adoption of such resolution.



8117.  The resolution shall contain all of the following:
   (a) A statement of intention to form the district and of the
necessity for and purpose of its formation.
   (b) A description of the unincorporated territory to be included.
   (c) A statement of the general location of the project or projects
for the construction and maintenance of which the district is to be
formed.
   (d) The name of the proposed district.
   (e) A statement of time and place at which objections to the
formation of the district or to its extent will be heard, which time
shall not be less than 30 days after the adoption of the resolution.
   (f) The name and telephone number of a local department or agency
designated by the board of supervisors to answer inquiries regarding
the hearing proceedings.


8118.  The resolution shall be published at least once a week for
two weeks, at the discretion of the board, in a newspaper of general
circulation published in the proposed district. The first publication
shall be made at least twenty days prior to the date of the hearing.



8119.  The hearing may be continued from time to time and from place
to place for not exceeding a total of sixty days by public
declaration thereof, and no other notice of the fact of such
continuance need be given.



8120.  At the hearing the board shall hear all relevant and
pertinent objections to the formation of or extent of the district
and may, in its discretion, hear arguments against the objections
urged.


8121.  At the hearing, or within twenty days after the adjournment
thereof, the board shall determine:
   (a) Whether the proposed district shall be formed.
   (b) What, if any, portion of the unincorporated area should be
excluded from the district because not benefited by its formation.



8121.5.  The board shall exclude uninhabited farm acreage from the
district as not benefited. For the purpose of this section, "farm
acreage" means any land which is under cultivation or which is being
used for pasture or grazing at the time of the hearing.



8122.  If the board determines that the district shall be formed, it
shall by resolution:
   (a) Describe the territorial extent of the proposed district.
   (b) State the name of the proposed district.
   (c) Call an election to be held in the proposed district for the
purpose of determining whether or not it is to be formed.
   (e) Fix the date of the election and the time the polls will be
open.
   (f) Establish election precincts, designate polling places, and
appoint election officers.



8123.  The resolution shall be published at least once a week for
two weeks in a newspaper of general circulation published in the
proposed district. The first publication shall be at least thirty
days prior to the election.


8124.  Except where inconsistent with the provisions of this part,
the election shall be held and conducted as provided by law for the
holding of special elections in the county.



8125.  The canvass of the returns of the election shall be made at
the same time in the same manner and by the same officers as provided
by law for special elections in the county. If the canvass is made
by an officer other than the board, he shall transmit the results to
the board, who shall thereupon declare the results of the election.




8126.  If a majority of votes cast in each city and if a majority of
votes cast in the unincorporated area within the proposed district
are favorable, the board shall, by resolution, declare the district
duly organized, state its name and describe its boundaries.



8127.  A certified copy of the resolution shall be recorded in the
office of the county recorder of the county in which the district is
situated and filed with the Secretary of State. The organization
shall thereupon be complete.