De Kamp, 060883 CAAGO, AGO 83-102

Docket Nº:AGO 83-102
Case Date:June 08, 1983
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
JACK P. WINKLER Deputy Attorney General
AGO 83-102
No. 83-102
California Attorney General Opinion
Office of the Attorney General State of California
June 8, 1983
         THE HONORABLE ERNEST L. KONNYU, MEMBER OF THE CALIFORNIA ASSEMBLY, requests the opinion of this office on the following question:          May a fire protection district with territory in two cities, neither of which contains 70 percent or more of the territory of the district within its boundaries with 70 percent or more of the registered voters of the district residing therein but the combined territory of the district in both cities does meet that criteria, be established as a subsidiary district of a joint powers agency formed by the cities for such purpose?          CONCLUSION          A fire protection district with territory in two cities, neither of which contains 70 percent or more of the territory of the district within its boundaries with 70 percent or more of the registered voters of the district residing therein but the combined territory of the district in both cities does meet that criteria, may not be established as a subsidiary district of a joint powers agency formed by the cities for such purpose.          ANALYSIS          We are advised that a fire protection district is situated such that a portion of its territory lies within two nearby cities. The district territory contained within either city does not represent 70 percent or more of the total land area of the district containing 70 percent or more of the registered voters of the district, but the combined territory of the district within both cities does meet that criteria. We are asked whether the fire protection district may be established as a subsidiary district of a joint powers agency created for that purpose by the two cities. It is assumed that the requisite approvals will be provided by the local agency formation commission and the voters.          The District Reorganization Act of 1965 ("the Act") is codified as division 1, title 6 of the Government Code. (§ 56000.)1 Section 56401 of the Act provides:
"A district of
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