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Article 4.5. Alteration Of Boundaries of California Government Code >> Division 1. >> Title 3. >> Chapter 2. >> Article 4.5.
This article shall provide the sole procedure for the
change, alteration or reformation of existing county boundaries, not
authorized to be taken pursuant to Article 4 (commencing with Section
23200) of Chapter 2 of Division 1 of Title 3 of the Government Code.
As used in this article:
(a) "Accepting county" means the county accepting transferred territory by reason of a county boundary change.
(b) "Clerk" means the clerk of a county board of supervisors. When the office of clerk of the board is separate from the office of registrar of voters, "clerk" means the registrar of voters with respect to all duties pertaining to the conduct of elections and the certification of petitions and clerk of the board with respect to all other duties specified in this article.
(c) "Commission" means the County Boundary Review Commission.
(d) "Indebtedness" means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. Net obligation shall be deemed to mean the gross obligation outstanding after deduction of offsetting revenues, other than tax revenues.
(e) "Owner" means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner.
(f) "Transferring county" means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change.
(g) "Uninhabited territory" means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change.
(h) "Value of the uninhabited territory" means the value of land and improvements thereon.
(a) "Accepting county" means the county accepting transferred territory by reason of a county boundary change.
(b) "Clerk" means the clerk of a county board of supervisors. When the office of clerk of the board is separate from the office of registrar of voters, "clerk" means the registrar of voters with respect to all duties pertaining to the conduct of elections and the certification of petitions and clerk of the board with respect to all other duties specified in this article.
(c) "Commission" means the County Boundary Review Commission.
(d) "Indebtedness" means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. Net obligation shall be deemed to mean the gross obligation outstanding after deduction of offsetting revenues, other than tax revenues.
(e) "Owner" means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner.
(f) "Transferring county" means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change.
(g) "Uninhabited territory" means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change.
(h) "Value of the uninhabited territory" means the value of land and improvements thereon.
Proceedings under this article shall not be subject to the
provisions of the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5), relating to local agency formation commissions.
Proceedings to change, alter, or reform the boundary lines
between counties may be initiated by petition, or by resolution of
the legislative body of either affected county or of any city within
either affected county filed with the clerk of the transferring
county.
A petition shall contain in substance the following:
(a) An accurate description of the proposed new boundary line as it will appear or exist if the existing boundary line is changed, altered and reformed.
(b) A statement that the proposed new boundary line does not pass through or divide the territory of any incorporated city.
(c) A statement of the area in square miles of the territory proposed to be transferred.
(d) A statement of the population which will remain in each of the counties affected.
(e) The name of the transferring and accepting counties.
(a) An accurate description of the proposed new boundary line as it will appear or exist if the existing boundary line is changed, altered and reformed.
(b) A statement that the proposed new boundary line does not pass through or divide the territory of any incorporated city.
(c) A statement of the area in square miles of the territory proposed to be transferred.
(d) A statement of the population which will remain in each of the counties affected.
(e) The name of the transferring and accepting counties.
The petition shall be signed by qualified electors of either
affected county equaling in number not less than 25 percent of the
number of electors of each county registered within the county on the
date of the last preceding gubernatorial election.
When the territory to be transferred from one county to
another is uninhabited, proceedings may also be initiated by a
petition signed by the owners of not less than one-fourth of the land
in the territory by area and by assessed value as shown in the last
equalized assessment roll of the county in which the territory is
situate. Such petitions shall comply with all other requirements of
this article.
Each elector, after signing a petition, shall add the name
of the county in which the elector resides, the elector's place of
residence, giving a street and number or a designation sufficient to
enable the place of residence to be readily ascertained, and the date
the elector signed the petition.
A petition may consist of a single instrument or several
counterparts.
A petition may designate not more than three persons as
chief petitioners setting forth their names and mailing addresses.
No petition shall be accepted for filing pursuant to this
article unless the signatures thereon shall have been secured within
six months of the date on which the first signature on the petition
was affixed and such petition is submitted for filing as provided in
Section 23241 within 60 days after the last signature is affixed. If
the time between the date on which the last signature is affixed and
the date on which the petition is submitted for filing exceeds 60
days, or, if any signature on the petition has been secured more than
six months from the date on which the first signature was affixed,
the petition shall be considered insufficient and shall be filed by
the clerk as a public record without prejudice to the filing of a new
petition.
All petitions shall be filed with the clerk of the
transferring county. All counterparts of a petition shall be filed at
the same time.
Within 30 days after the date of filing of a petition, the
clerk of the transferring county shall examine the petition and
determine whether it is signed by the requisite number of signers.
When the clerk has completed the examination, the clerk shall certify
the results of the examination.
If the clerk certifies a petition to be insufficient the
clerk shall give mailed notice thereof to each of the chief
petitioners, if any, and file the petition as a public record without
prejudice to the filing of a new petition.
If the clerk certifies a petition to be sufficient, the
clerk shall immediately transmit a copy of the certification to the
board of supervisors of both affected counties and to each of the
chief petitioners, if any.
In certifying the sufficiency of a petition, the clerk shall
compare the name of each person signing the petition with the
registration records of the county in which the person signing the
petition resides.
A resolution to initiate proceedings for a county boundary
change shall contain the information required for a petition by
Section 23234.
Upon receipt of the certification of a petition or a
certified copy of a resolution, the board of the transferring county
shall forthwith transmit a copy of the certification or a certified
copy of the resolution to the Governor.
Upon receipt of notice pursuant to Section 23247, the
Governor shall create a County Boundary Review Commission to review
the proposed county boundary change, and appoint five persons to be
members of the commission. Of the five persons appointed to the
commission, two shall reside within the territory to be transferred,
two shall reside within the accepting county, and one shall not be a
resident of either the territory to be transferred or of the
accepting county.
The commission shall determine:
(a) An equitable distribution, as between the transferring county and the accepting county, of the indebtedness of each affected county.
(b) The fiscal impact of the proposed boundary change in each affected county.
(c) The economic viability of each affected county if the proposed boundary change is effected.
(d) The final boundary lines between the two affected counties as they will exist if the proposed boundary change is effected.
(e) A procedure for the orderly and timely transition of services, functions, and responsibilities from the transferring county to the accepting county.
(f) The division of both affected counties into five supervisorial districts. The boundaries of the districts shall be established in a manner that results in a population in each district which is as equal as possible to the population in each other district within the county.
(g) The division of both affected counties into a convenient and necessary number of road and school districts, the territory of which shall be defined. To the extent possible, existing road and school districts located within the territory which is to be transferred shall be maintained.
(a) An equitable distribution, as between the transferring county and the accepting county, of the indebtedness of each affected county.
(b) The fiscal impact of the proposed boundary change in each affected county.
(c) The economic viability of each affected county if the proposed boundary change is effected.
(d) The final boundary lines between the two affected counties as they will exist if the proposed boundary change is effected.
(e) A procedure for the orderly and timely transition of services, functions, and responsibilities from the transferring county to the accepting county.
(f) The division of both affected counties into five supervisorial districts. The boundaries of the districts shall be established in a manner that results in a population in each district which is as equal as possible to the population in each other district within the county.
(g) The division of both affected counties into a convenient and necessary number of road and school districts, the territory of which shall be defined. To the extent possible, existing road and school districts located within the territory which is to be transferred shall be maintained.
In determining the fiscal impact of the proposed boundary
change and the economic viability of each affected county if the
proposed boundary change is effected, the commission shall consider:
(a) The cost of providing services in both affected counties.
(b) Projected revenues available to each county.
(c) The effect of any projected reduction in revenue available to each county.
(a) The cost of providing services in both affected counties.
(b) Projected revenues available to each county.
(c) The effect of any projected reduction in revenue available to each county.
Within 10 days after notice and acceptance of appointment of
the last appointed member, the members of the commission shall meet
at the principal administrative office of the transferring county and
organize by electing from their number a chairman. They shall also
appoint a secretary who shall not be a member of the commission.
Thereafter the members of the commission may meet at such times and
places as they select.
A majority of the commissioners shall constitute a quorum for
purposes of transacting business and making the determinations
required by this article.
The commission shall conduct a public hearing to receive
information regarding its determinations, and to hear any protests
and objections to the proposed county boundary change. Notices of
hearing shall be published pursuant to Section 6061 in a newspaper of
general circulation in each affected county.
In addition:
(a) The commission shall cause written notice of the hearing to be given to each of the chief petitioners, if any.
(b) Where the territory proposed to be transferred is uninhabited, the commission shall cause written notice of the hearing to be mailed to each person to whom land within the territory proposed to be transferred is assessed in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on the assessment roll or as known to the commission, and to any persons who have filed their name and address and the designation of the lands in which they have any interest, either legal or equitable, with the commission.
(c) In the event any land within the territory proposed to be transferred is tide or submerged land owned by the state, the commission shall also cause written notice of the hearing to be mailed to the State Lands Commission. Such notice shall be given not less than 45 days before the time fixed for hearing. The notices referred to in subdivisions (a) and (b) shall be given not less than 20 days before the time fixed for hearing; provided, that the notice referred to in subdivision (b) need not be sent if the owner or owners of all of the territory to be transferred have petitioned for the county boundary change or filed their consent to the boundary change in writing with the commission.
(a) The commission shall cause written notice of the hearing to be given to each of the chief petitioners, if any.
(b) Where the territory proposed to be transferred is uninhabited, the commission shall cause written notice of the hearing to be mailed to each person to whom land within the territory proposed to be transferred is assessed in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on the assessment roll or as known to the commission, and to any persons who have filed their name and address and the designation of the lands in which they have any interest, either legal or equitable, with the commission.
(c) In the event any land within the territory proposed to be transferred is tide or submerged land owned by the state, the commission shall also cause written notice of the hearing to be mailed to the State Lands Commission. Such notice shall be given not less than 45 days before the time fixed for hearing. The notices referred to in subdivisions (a) and (b) shall be given not less than 20 days before the time fixed for hearing; provided, that the notice referred to in subdivision (b) need not be sent if the owner or owners of all of the territory to be transferred have petitioned for the county boundary change or filed their consent to the boundary change in writing with the commission.
At any time prior to final adjournment of the hearing on
protests, any owner of property within the uninhabited territory
proposed to be transferred may file written protest against the
boundary change. The protest shall state the name of the owner of the
property affected and the street address or other description of the
property sufficient to identify it on the last equalized assessment
roll. A metes and bounds description shall not be required if the
property can be otherwise described in a manner sufficient to
identify it on the last equalized assessment roll. Protests may be
made on behalf of the owner by an agent authorized in writing by the
owner to act as agent with respect to such land, except that protest
may be made on behalf of a private corporation which is an owner of
property by any officer or employee of the corporation without
written authorization by the corporation to act as agent or make such
protest.
On the date and at the time set for hearing, the commission
shall hear and consider all protests made by owners of property
within the uninhabited territory proposed to be transferred.
If the territory proposed to be transferred is uninhabited, the
commission shall hear and pass upon all protests so made:
(a) If privately owned property and no publicly owned property is proposed to be transferred, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the uninhabited territory proposed to be transferred. The value given such property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation.
(b) If privately owned property and publicly owned property are proposed to be transferred in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the uninhabited territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, exempt from taxation.
(c) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the commission in proportion to the proportionate interest of the protestant in such property.
(d) When property is subject to a written recorded agreement to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll. Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purpose shall be obtained from the assessor by the protestant and submitted to the commission with the written protest.
(a) If privately owned property and no publicly owned property is proposed to be transferred, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the uninhabited territory proposed to be transferred. The value given such property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation.
(b) If privately owned property and publicly owned property are proposed to be transferred in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the uninhabited territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, exempt from taxation.
(c) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the commission in proportion to the proportionate interest of the protestant in such property.
(d) When property is subject to a written recorded agreement to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll. Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purpose shall be obtained from the assessor by the protestant and submitted to the commission with the written protest.
The commission shall determine at the hearing or within 30
days after the closing of the hearing whether or not a majority
protest, of owners of property within uninhabited territory proposed
to be transferred has been made. If it does not make a determination
within such period, it shall be deemed to have made a determination
on the 30th day that a majority protest has been made.
If there is a determination that a majority protest has been made,
no further proceedings for the transfer of any of the same
uninhabited territory shall be taken for one year after the date of
the determination except upon the petition or consent of all property
owners of the uninhabited territory proposed to be transferred.
On the date and at the time fixed for hearing, the
commission shall also hear and may grant or deny any request for
exclusion filed pursuant to Sections 23256.5 and 23257.
At any time prior to the final hearing on the proposed
county boundary change, any owners of real property within the
territory proposed to be transferred and contiguous to the boundary
line thereof, may make a written request, filed with the commission,
for exclusion of his property from the territory proposed to be
transferred. Such a request shall contain sufficient information to
identify the property for which the exclusion is sought.
Written requests for exclusion of any territory within the
territory proposed to be transferred and contiguous to the boundary
line thereof may be filed with the commission by any registered
elector of that territory. Such a request shall contain sufficient
information to identify the territory for which the exclusion is
sought.
Boundary lines between counties may not be changed if as a
result of such change: (a) a strip of untransferred territory less
than 200 feet wide and more than 300 feet long is created; (b) a
strip of untransferred territory consisting solely of a highway or
portion thereof is created; or (c) the territory of any incorporated
city is divided.
The hearing of protests and requests for exclusion may be
continued from time to time during the course of the commission's
determinations.
By citation or subpoena signed by its chairman and secretary, the
commission may compel the attendance of such persons and the
production of such books, papers and other documents before it as it
deems necessary for the performance of its duties.
All officers and employees of either affected county shall
cooperate with, perform any functions required by, and produce any
books, records or other documents of such county requested by the
commission and necessary for the performance of the commission's
functions.
Except as otherwise provided in this article, the commission
may, in determining a fair, just and equitable distribution of the
indebtedness of the transferring county between that county and the
accepting county, provide for:
(a) The levying or fixing and the collection in the accepting county of (1) special, extraordinary or additional taxes or assessments, or (2) special, extraordinary or additional service charges, rentals or rates, or (3) both.
(b) The imposition, exemption, transfer, division or apportionment, as between the transferring county, and the accepting county, of liability for payment of all or any part of principal, interest or any other amounts which shall become due on account of all or any part of any bonds, including revenue bonds outstanding or authorized at the time a petition is filed or resolution adopted, or other contracts or obligations, of the transferring county; and the levying or fixing and the collection in the accepting county of any (1) taxes or assessments, or (2) service charges, rentals or rates, or, (3) both, as may be necessary to provide for such payment. In making its determinations, the commission shall ascertain the current indebtedness of both affected counties. It shall also ascertain (a) the total assessed value of all property located in both affected counties; and, (b) the assessed value of the territory to be transferred. The assessed values used by the commission shall be those shown on the last equalized assessment roll of both affected counties.
(a) The levying or fixing and the collection in the accepting county of (1) special, extraordinary or additional taxes or assessments, or (2) special, extraordinary or additional service charges, rentals or rates, or (3) both.
(b) The imposition, exemption, transfer, division or apportionment, as between the transferring county, and the accepting county, of liability for payment of all or any part of principal, interest or any other amounts which shall become due on account of all or any part of any bonds, including revenue bonds outstanding or authorized at the time a petition is filed or resolution adopted, or other contracts or obligations, of the transferring county; and the levying or fixing and the collection in the accepting county of any (1) taxes or assessments, or (2) service charges, rentals or rates, or, (3) both, as may be necessary to provide for such payment. In making its determinations, the commission shall ascertain the current indebtedness of both affected counties. It shall also ascertain (a) the total assessed value of all property located in both affected counties; and, (b) the assessed value of the territory to be transferred. The assessed values used by the commission shall be those shown on the last equalized assessment roll of both affected counties.
The commission shall also identify and determine the
location and value of all real and personal property owned by the
transferring county located within the territory to be transferred.
Any real and personal property identified by the commission pursuant
to this section shall become property of the accepting county, should
the boundary change be effected as provided in this article, upon
settlement of the indebtedness in the manner specified by the
commission.
Except as provided by the commission, when the boundary
change is effected the territory which is transferred shall be
relieved of annual tax liability for the outstanding indebtedness of
the transferring county in the year following the year in which the
election on the question of the boundary change is held.
Territory remaining in the transferring county when the boundary
change is effected shall be relieved of annual tax liability for any
outstanding indebtedness of that county which the commission
determines is to be assumed by the accepting county. Such relief
shall become effective in the year following the year in which the
election on the question of the boundary change is held.
Nothing in this section shall be construed as in any way limiting
the power of a bondholder to enforce contractual rights or affecting
the ultimate liability of territory of the transferring county, or of
the accepting county for bonded indebtedness in case of default.
Members of the commission shall receive as compensation a
per diem not to exceed fifty dollars ($50) a day for every day they
are actually employed together with their actual expenses incurred in
performing their duties. If the boundary change is effected, all
expenses of the commission, together with the reasonable costs of
stationery, postage, and incidental expenses shall be borne by the
accepting county or by both affected counties, in equal shares, if
the boundary change is not effected.
The commission shall adopt a resolution making its
determinations and transmit its report in writing within 180 days of
the date of notice and acceptance of appointment of the last
appointed member of the commission, to the board of supervisors of
both affected counties and shall be signed and attested to by all
five members of the commission.
The determinations of the commission shall become the terms and
conditions for boundary change and as such shall be final and binding
on both affected counties should the proposed boundary change be
legally effected as provided in this article.
At any time not later than 30 days after receipt of the commission'
s report, if the territory proposed to be transferred is inhabited or
if it is uninhabited and there is no majority protest, the board of
supervisors of both affected counties shall adopt a resolution
approving or disapproving the proposed boundary change.
If either board disapproves the proposed boundary change, no
further proceedings shall be taken for that boundary change and no
new proceedings for substantially the same boundary change may be
initiated within one year after the date of such disapproval,
provided both boards may waive or shorten such time limitations if
they find the same to be in the public interest.
If the territory proposed to be transferred is uninhabited,
no majority protest has been made and the boards of both affected
counties approve the proposed boundary change, the proposed boundary
change shall be deemed effected pursuant to the general laws of this
state from the date of filing of a copy of the resolutions of both
boards approving the proposed boundary change with the Secretary of
State, and the boards shall also state the effective date or dates
upon which the various service responsibilities and functions for the
transferred uninhabited territory shall be transferred according to
the terms of subdivision (b) of Section 23281.
If the proposed territory to be transferred is inhabited and
the boards of both affected counties have approved the boundary
change, the board of the transferring county shall, not later than 30
days after receiving the commission's determinations, order and give
proclamation and notice of an election to be held in the territory
proposed to be transferred, on the next established election date in
the transferring county not less than 74 days after receipt of the
commission's determinations, for the purpose of determining whether
the county boundary shall be changed.
The proclamation and notice of election shall be published
at least once a week for three weeks commencing not less than 70 days
prior to the date of the election in a newspaper of general
circulation in the territory proposed to be transferred. If there is
no newspaper of general circulation within the territory proposed to
be transferred, the proclamation and notice of election shall be
posted not less than 70 days prior to the date of the election in at
least three conspicuous places within the territory proposed to be
transferred.
The notice of election shall contain the following:
(a) A statement of the proposition to be voted on and a description of the county boundaries as they will exist if the proposal is adopted.
(b) An invitation to any qualified elector entitled to vote on the proposition, or any bona fide association of citizens, to submit and file, with the clerk of the transferring county for printing and distribution in the ballot pamphlet, not later than 54 days prior to the date of the election, an argument for or an argument against the proposed county boundary change.
(c) The date of the election.
(d) A statement that only one argument for and one argument against shall be selected and printed in the ballot pamphlet.
(e) A statement that arguments shall not exceed 500 words in length and shall be accompanied by not more than three signatures.
(a) A statement of the proposition to be voted on and a description of the county boundaries as they will exist if the proposal is adopted.
(b) An invitation to any qualified elector entitled to vote on the proposition, or any bona fide association of citizens, to submit and file, with the clerk of the transferring county for printing and distribution in the ballot pamphlet, not later than 54 days prior to the date of the election, an argument for or an argument against the proposed county boundary change.
(c) The date of the election.
(d) A statement that only one argument for and one argument against shall be selected and printed in the ballot pamphlet.
(e) A statement that arguments shall not exceed 500 words in length and shall be accompanied by not more than three signatures.
All qualified electors of the territory proposed to be
transferred who have been registered electors of the county 30 days
prior to the date of the election are entitled to vote at the
election. Registration and transfers of registration shall be made
and shall close in the manner and at the times provided by law for
registration and transfers of registration for a general election in
the state.
Ballots at the election shall contain the words "For the
transfer of (description of territory) to (name of county accepting
transferred territory) Yes," and "For the transfer of (description of
territory) to (name of county accepting transferred territory) No."
Each voter shall stamp a cross (+) opposite the words "Yes," or "No."
The election shall be governed and controlled by the general
election laws of the state so far as applicable, except as otherwise
provided in this article.
If more than one argument for or more than one argument
against the proposed boundary change is filed with the clerk of the
transferring county the clerk shall select one of the arguments for
and one of the arguments against the proposed boundary change for
printing and distribution to the electors.
In selecting arguments, the clerk shall give preference and
priority in the order specified to arguments submitted by the
following:
(a) The board of supervisors of either affected county, or any member or members of such board authorized by it.
(b) The city council of any city located within either affected county, or any member or members of such council authorized by it.
(c) Qualified electors or bona fide associations of citizens, or combinations of electors and associations.
(a) The board of supervisors of either affected county, or any member or members of such board authorized by it.
(b) The city council of any city located within either affected county, or any member or members of such council authorized by it.
(c) Qualified electors or bona fide associations of citizens, or combinations of electors and associations.
The elections official shall cause a ballot pamphlet
concerning the proposed boundary change to be printed and mailed to
each qualified elector in the territory proposed to be transferred.
The ballot pamphlet shall contain the following in the order
prescribed:
(a) An impartial analysis of the proposed boundary change prepared by the commission.
(b) A summary of the commission's report on fiscal impact and financial viability.
(c) A summary of the commission's terms and conditions.
(d) The argument for boundary change.
(e) The argument against boundary change. The elections official shall mail a ballot pamphlet to each qualified elector 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.
(a) An impartial analysis of the proposed boundary change prepared by the commission.
(b) A summary of the commission's report on fiscal impact and financial viability.
(c) A summary of the commission's terms and conditions.
(d) The argument for boundary change.
(e) The argument against boundary change. The elections official shall mail a ballot pamphlet to each qualified elector 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.
The clerk shall also prepare and mail a sample ballot to the
qualified electors of the territory proposed to be transferred. The
sample ballot shall be mailed with and at the same time as the ballot
pamphlet.
The law relating to the preparation, printing, and
distribution of sample ballots and primary elections does not apply
to any election held pursuant to this article.
Except as otherwise provided by this article, the election
shall be conducted as other elections in the transferring county.
The board of the transferring county shall appoint as
election officers three representatives who reside in the affected
county represented.
Immediately on the closing of the polls the election
officers shall:
(a) Canvass the ballots.
(b) Make up and certify the tally sheets of the ballots cast.
(c) Seal up the ballots.
(d) Attach a statement, signed by each election officer, to the tally sheets showing the number of votes cast and the number of votes cast for and against the proposition.
(e) Seal up the tally sheets.
(a) Canvass the ballots.
(b) Make up and certify the tally sheets of the ballots cast.
(c) Seal up the ballots.
(d) Attach a statement, signed by each election officer, to the tally sheets showing the number of votes cast and the number of votes cast for and against the proposition.
(e) Seal up the tally sheets.
The clerk of the transferring county shall upon the
completion of a canvass of the vote in the territory proposed to be
transferred, forward to the board of the transferring county, a
certified copy of the results of the canvass, giving the number of
votes cast in the territory to be transferred for the proposition and
the number of votes cast in the territory proposed to be transferred
against the proposition.
If upon a canvass of the total votes cast in the territory
proposed to be transferred at the election, it appears that more than
50 percent of the total number of all votes cast within the
territory proposed to be transferred are in favor of the proposed
boundary change, the board of supervisors of the transferring county,
by resolution, shall:
(a) Declare the results of the election and that the proposed county boundary change shall be deemed effected pursuant to the general laws of this state from the date of filing a copy of the resolution with the Secretary of State.
(b) State the effective date or dates upon which the various service responsibilities and functions for the transferred territory shall be transferred from the transferring county to the accepting county. Such date or dates shall be established in accordance with the terms and conditions established by the commission and in such a manner as to provide for the orderly and expeditious transition of responsibilities and functions but shall in no event exceed two fiscal years from the date on which the county boundary change shall be deemed legally effected as provided in subdivision (a).
(a) Declare the results of the election and that the proposed county boundary change shall be deemed effected pursuant to the general laws of this state from the date of filing a copy of the resolution with the Secretary of State.
(b) State the effective date or dates upon which the various service responsibilities and functions for the transferred territory shall be transferred from the transferring county to the accepting county. Such date or dates shall be established in accordance with the terms and conditions established by the commission and in such a manner as to provide for the orderly and expeditious transition of responsibilities and functions but shall in no event exceed two fiscal years from the date on which the county boundary change shall be deemed legally effected as provided in subdivision (a).
The board of supervisors of the county from which territory
is transferred shall cause a copy of the resolution adopted pursuant
to Section 23281 to be filed with the State Board of Equalization,
the Secretary of State, and the board of supervisors of the county
accepting the transferred territory.
If upon a canvass of the total votes cast in the territory
proposed to be transferred at the election, it appears that 50
percent or less, of the total number of all votes cast within the
territory proposed to be transferred are in favor of the proposed
boundary change, the board of supervisors of the county from which
territory is proposed to be transferred, by resolution, shall declare
the proposition concerning the proposed boundary change defeated. No
further proceedings to effect substantially the same boundary change
shall be initiated or taken for a period of one year after the date
of the election.
All costs of the election shall be borne by the county
accepting transferred territory if the boundary change is effected.
If the boundary change is not effected, the costs of the election
shall be borne by both affected counties, on an equal basis.
Whenever county boundaries are changed pursuant to this
article, the board of supervisors of both affected counties shall
cause to be filed before the following December 1, with the State
Board of Equalization and with the assessors of both affected
counties, a statement setting forth the legal description of the
boundaries, as changed, together with a map or plat indicating those
boundaries. The change of the boundaries shall not be effective for
purposes of assessment or taxation unless the statement, together
with the map or plat required by this section, is filed with the
county assessors and with the State Board of Equalization on or
before December 1 of the year immediately preceding the year in which
the assessments or taxes are to be levied.
When a county boundary is changed, all taxes levied before
the boundary change was effected shall be collected by the officers
of and belong to the county in which the territory was situated
before the boundary change.
The transferring county shall continue to provide necessary
services from the date the county boundaries are changed until
service responsibilities and functions are transferred to the
accepting county, according to the provisions of the resolution
adopted pursuant to Section 23281.
Notwithstanding any other provision of law, no special
district, which is organized within either affected county and
governed by the board of supervisors thereof, shall have its
territory divided or in any other way have its organization changed
as the result of a county boundary change except as to proceedings
taken pursuant to law subsequent to the boundary change becoming
effective.
After the county boundary change is effected, the officers
of the accepting county shall proceed to complete all proceedings
necessary for the assessment or collection of the state and county
taxes for the current year, in connection with all the property in
the transferred territory, and, subject to Section 23286, all acts
and steps taken, by the officers of the transferring county prior to
the date when the boundary change was effected shall be deemed
performed by the officers of the accepting county for the benefit of
that county.
The officers of the transferring county shall immediately
execute and deliver to the board of supervisors of the accepting
county, copies of all assessments or other proceedings relative to
the assessment and collection of the current state and county taxes
on property within the transferred territory. The copies shall be
filed with the respective officers of the accepting county who would
have their custody if the proceedings had been originally had in that
county and shall be deemed originals. All proceedings recited in
such copies shall be deemed original proceedings in the accepting
county and have the same effect as if the proceedings had been had at
the proper time and in the proper manner by the respective officials
of that county. The officials of the accepting county shall proceed
with the assessment and collection of the taxes as if the proceedings
originally had in the transferring county had been originally had in
the accepting county.
The county superintendent of schools of the transferring
county shall furnish the county superintendent of schools of the
accepting county with a certified copy of the last school census of
the different school districts in the territory which is transferred,
and the superintendent of the transferring county shall draw a
warrant on the treasurer of the transferring county in favor of the
treasurer of the accepting county for all the money that is or may be
due from the transferring county by any apportionment or otherwise
to the different school districts embraced in the accepting county.
The auditor of the transferring county shall draw a warrant
on the treasurer of that county in favor of the treasurer of the
accepting county for all money that is or may be due from the
transferring county by apportionment or otherwise to the different
road and supervisorial or district funds in the territory which is
transferred. The amounts shall be properly credited in both counties.
The treasurer of the transferring county shall immediately
cause to be transferred to the county treasurer of the accepting
county all money standing to the credit of or belonging to any road
or school district, the territory comprising which is included within
the boundaries of the territory which is transferred.
Where the county accepting territory is located in a
different district court of appeals district than the transferring
county, the district court of appeals district which includes the
transferring county shall retain jurisdiction in all cases pending in
a session of such court, within the boundaries of the transferred
territory immediately prior to its transfer.
On and after the date the boundary change is effected, the
superior court in the transferring county shall retain jurisdiction
in all cases pending in a session of such court which is located
within the boundaries of the territory which is transferred
immediately prior to its transfer.
Any action to determine the validity of any change,
alteration, or reformation to the boundaries of a county pursuant to
this article shall be brought pursuant to Chapter 9 (commencing with
Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
