Jurris.COM
Chapter 2. Definitions of California Government Code >> Division 3. >> Title 5. >> Part 1. >> Chapter 2.
Unless the provision or context otherwise requires, the
definitions contained in this chapter govern the construction of this
division. The definition of a word applies to any of that word's
variants.
"Affected city" means any city that contains or would
contain, or whose sphere of influence contains or would contain,
territory for which a change of organization is proposed or ordered,
either singularly or as part of a reorganization.
"Affected county" means any county that contains, or would
contain, any territory for which a change of organization is proposed
or ordered either singularly or as part of a reorganization or that
contains all or any part of a district for which a change of
organization or reorganization is proposed with respect to territory
outside that county.
"Affected district" means any special district, as defined
by Section 56036, that contains or would contain, or whose sphere of
influence contains or would contain, any territory for which a change
of organization is proposed or ordered either singularly or as part
of a reorganization.
"Affected local agency" means any local agency that
contains, or would contain, or whose sphere of influence contains or
would contain, any territory for which a change of organization is
proposed or ordered, either singularly or as part of a reorganization
or for which a study is to be reviewed by the commission.
"Affected territory" means any territory for which a change
of organization or reorganization, or sphere of influence change, is
proposed or ordered.
"Agricultural lands" means land currently used for the
purpose of producing an agricultural commodity for commercial
purposes, land left fallow under a crop rotational program, or land
enrolled in an agricultural subsidy or set-aside program.
"Annexation" means the inclusion, attachment, or addition of
territory to a city or district.
"Applicant" means a local agency or person or persons that
submits an application, as defined by Section 56017.2.
"Application" means any of the following:
(a) A resolution of application or petition initiating a change of organization or reorganization with supporting documentation as required by the commission or executive officer.
(b) A request for a sphere of influence amendment or update pursuant to Section 56425.
(c) A request by a city or district for commission approval of an extension of services outside the agency's jurisdictional boundaries pursuant to Section 56133.
(d) A request by a public agency for commission approval of an extension of services outside the agency's jurisdictional boundaries pursuant to Section 56134.
(a) A resolution of application or petition initiating a change of organization or reorganization with supporting documentation as required by the commission or executive officer.
(b) A request for a sphere of influence amendment or update pursuant to Section 56425.
(c) A request by a city or district for commission approval of an extension of services outside the agency's jurisdictional boundaries pursuant to Section 56133.
(d) A request by a public agency for commission approval of an extension of services outside the agency's jurisdictional boundaries pursuant to Section 56134.
"Board of directors" means the legislative body or governing
board of a district.
"Board of supervisors" means the legislative body or
governing board of a county.
"Certificate of completion" means the document prepared by
the executive officer and recorded with the county recorder that
confirms the final successful completion of a change of organization
or reorganization.
"Certificate of filing" means the document issued by the
executive officer that confirms an application for a change of
organization or reorganization has met submission requirements and is
accepted for filing.
"Certificate of termination" or "certificate of
termination of proceedings" means the document prepared by the
executive officer and retained by the commission that indicates that
a proposal for a change of organization or reorganization was
terminated because of a majority written protest, rejection by voters
in an election, or the expiration of time prior to completion of
proceedings pursuant to Section 57001 or a court order.
"Change of organization" means any of the following:
(a) A city incorporation.
(b) A district formation.
(c) An annexation to a city.
(d) An annexation to a district.
(e) A detachment from a city.
(f) A detachment from a district.
(g) A disincorporation of a city.
(h) A district dissolution.
(i) A consolidation of cities.
(j) A consolidation of special districts.
(k) A merger of a city and a district.
(l) Establishment of a subsidiary district.
(m) The exercise of new or different functions or classes of services, or divestiture of the power to provide particular functions or classes of services, within all or part of the jurisdictional boundaries of a special district as provided in Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of this division.
(a) A city incorporation.
(b) A district formation.
(c) An annexation to a city.
(d) An annexation to a district.
(e) A detachment from a city.
(f) A detachment from a district.
(g) A disincorporation of a city.
(h) A district dissolution.
(i) A consolidation of cities.
(j) A consolidation of special districts.
(k) A merger of a city and a district.
(l) Establishment of a subsidiary district.
(m) The exercise of new or different functions or classes of services, or divestiture of the power to provide particular functions or classes of services, within all or part of the jurisdictional boundaries of a special district as provided in Article 1.5 (commencing with Section 56824.10) of Chapter 5 of Part 3 of this division.
"City" means any incorporated chartered or general law city,
including any city the name of which includes the word "town."
"City council" means the legislative body or governing board
of a city.
"City officer" means the mayor or a member of the city
council.
"Clerk" means the clerk or secretary of a commission,
county, city, or district, or the clerk or secretary of the
legislative body of a county, city, or district. Where the office of
county clerk is separate from the office of the clerk of the board of
supervisors, "clerk" means the clerk of the board of supervisors.
Where the office of county clerk is separate from the office of the
registrar of voters, "clerk" means the registrar of voters with
respect to all duties pertaining to the conduct of elections and the
county clerk with respect to all other duties.
"Commission" means a local agency formation commission.
"Commission proceedings" means proceedings which are taken
by a commission pursuant to Part 3 (commencing with Section 56650).
"Conducting authority" means the commission of the principal
county, or the commission's executive officer when authorized by the
commission, when exercising its responsibility to conduct protest
proceedings following approval by the commission of a change of
organization or reorganization.
"Consolidation" means the uniting or joining of two or more
cities located in the same county into a single new successor city or
two or more districts into a single new successor district.
(a) "Contiguous" means territory adjacent to territory
within the local agency.
(b) Territory is not contiguous if the only contiguity is based upon a strip of land more than 300 feet long and less than 200 feet wide at its narrowest width, that width to be exclusive of highways.
(b) Territory is not contiguous if the only contiguity is based upon a strip of land more than 300 feet long and less than 200 feet wide at its narrowest width, that width to be exclusive of highways.
"County officer" means a member of the board of supervisors.
"Dependent special district" or "dependent district"
includes any special district that has a legislative body that
consists, in whole or part, of ex officio members who are officers of
a county or another local agency, or who are appointees of those
officers, and who are not appointed to fixed terms. "Dependent
special district" or "dependent district" does not include any
district excluded from the definition of district contained in
Sections 56036 and 56036.6.
"Detachment" means the exclusion, deletion, or removal from
a city or district of any portion of the territory of that city or
district.
"Disadvantaged unincorporated community" means inhabited
territory, as defined by Section 56046, or as determined by
commission policy, that constitutes all or a portion of a
"disadvantaged community" as defined by Section 79505.5 of the Water
Code.
"Disincorporation" means the dissolution, extinguishment, or
termination of the existence of a city and the cessation of its
corporate powers, except for the purpose of winding up the affairs of
the city.
"Dissolution" means the disincorporation, extinguishment, or
termination of the existence of a district and the cessation of all
its corporate powers, except as the commission may otherwise provide
pursuant to Section 56886 or for the purpose of winding up the
affairs of the district.
(a) "District" or "special district" are synonymous and mean
an agency of the state, formed pursuant to general law or special
act, for the local performance of governmental or proprietary
functions within limited boundaries and in areas outside district
boundaries when authorized by the commission pursuant to Section
56133.
(b) "District" or "special district" includes a county service area, but excludes all of the following:
(1) The state.
(2) A county.
(3) A city.
(4) A school district or a community college district.
(5) An assessment district or special assessment district.
(6) An improvement district.
(7) A community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(8) A permanent road division formed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highways Code.
(9) An air pollution control district or an air quality maintenance district.
(10) A zone of any special district.
(b) "District" or "special district" includes a county service area, but excludes all of the following:
(1) The state.
(2) A county.
(3) A city.
(4) A school district or a community college district.
(5) An assessment district or special assessment district.
(6) An improvement district.
(7) A community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(8) A permanent road division formed pursuant to Article 3 (commencing with Section 1160) of Chapter 4 of Division 2 of the Streets and Highways Code.
(9) An air pollution control district or an air quality maintenance district.
(10) A zone of any special district.
(a) For the purposes of Chapter 1 (commencing with Section
57000) to Chapter 7 (commencing with Section 57176), inclusive, of
Part 4 or Part 5 (commencing with Section 57300), for each of the
following entities proceedings for a change of organization shall be
conducted pursuant to the principal act authorizing the establishment
of that district:
(1) A unified or union high school library district.
(2) A bridge and highway district.
(3) A joint highway district.
(4) A transit or rapid transit district.
(5) A metropolitan water district.
(6) A separation of grade district.
(b) For other districts, where the principal act provides, the procedures in the principal act shall supersede the procedures set forth in this division.
(1) A unified or union high school library district.
(2) A bridge and highway district.
(3) A joint highway district.
(4) A transit or rapid transit district.
(5) A metropolitan water district.
(6) A separation of grade district.
(b) For other districts, where the principal act provides, the procedures in the principal act shall supersede the procedures set forth in this division.
(a) For the purposes of Chapter 1 (commencing with Section
57000) to Chapter 7 (commencing with Section 57176), inclusive, of
Part 4 or Part 5 (commencing with Section 57300), none of the
following entities is a "district" or "special district" if the
commission of the principal county determines, in accordance with
Sections 56127 and 56128, that the entity is not a "district" or
"special district":
(1) A flood control district.
(2) A flood control and floodwater conservation district.
(3) A flood control and water conservation district.
(4) A conservation district.
(5) A water conservation district.
(6) A water replenishment district.
(7) The Orange County Water District.
(8) A California water storage district.
(9) A water agency.
(10) A county water authority or a water authority.
(b) If the commission determines that an entity described in this section is not a "district" or "special district," any proceedings pursuant to Part 4 (commencing with Section 57000) for a change of organization involving the entity shall be conducted pursuant to the principal act authorizing the establishment of that entity.
(1) A flood control district.
(2) A flood control and floodwater conservation district.
(3) A flood control and water conservation district.
(4) A conservation district.
(5) A water conservation district.
(6) A water replenishment district.
(7) The Orange County Water District.
(8) A California water storage district.
(9) A water agency.
(10) A county water authority or a water authority.
(b) If the commission determines that an entity described in this section is not a "district" or "special district," any proceedings pursuant to Part 4 (commencing with Section 57000) for a change of organization involving the entity shall be conducted pursuant to the principal act authorizing the establishment of that entity.
"Divestiture of power" means the termination of the power
and authority to provide particular functions or classes of services
within all or part of the jurisdictional boundaries of a special
district.
"Elections official" shall have the same meaning as in
Section 320 of the Elections Code.
"Executive officer" means the person appointed by a
commission pursuant to Section 56384.
"Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking into
account economic, legal, social, and technological factors.
"Formation" means the creation of a district.
"Function" means any power granted by law to a local agency
to provide designated governmental or proprietary services or
facilities for the use, benefit, or protection of persons or
property.
"Improvement district" means an area or zone formed for the
sole purpose of designating an area which is to bear a special tax or
assessment for an improvement benefiting that area.
"Incorporation" means the creation or establishment of a
city. Any area proposed for incorporation as a city shall have at
least 500 registered voters residing within the affected territory at
the time the proposal is initiated.
"Independent district" or "independent special district"
includes any special district having a legislative body all of whose
members are elected by registered voters or landowners within the
district, or whose members are appointed to fixed terms, and excludes
any special district having a legislative body consisting, in whole
or in part, of ex officio members who are officers of a county or
another local agency or who are appointees of those officers other
than those who are appointed to fixed terms. "Independent special
district" does not include any district excluded from the definition
of district contained in Sections 56036 and 56036.6.
"Independent special district officer" means the presiding
officer or a member of the legislative body of an independent special
district.
"Indirect cost" has the same meaning as used in paragraph
(2) of subdivision (b) of Section 33338 of the Education Code.
"Inhabited territory" means territory within which there
reside 12 or more registered voters. The number of registered voters,
as determined by the elections officer, shall be established as of
the date a certificate of filing is issued by the executive officer.
All other territory shall be deemed "uninhabited."
"Initiate" or "initiation" means the issuance of a
certificate of filing by the executive officer.
"Interested agency" means each local agency which provides
facilities or services in the affected territory.
"Joint powers agency" or "joint powers authority" means an
agency or entity formed pursuant to the Joint Exercise of Powers Act
(Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1) that is formed for the local performance of governmental
functions that includes the provision of municipal services.
"Landowner" or "owner of land" means any of the following:
(a) A person or persons shown as the owner of land on the last equalized assessment roll prepared by the county at the time the determination is required to be made pursuant to the requirements of this division. Where that person or persons are no longer the owner, the landowner or owner of land is any person or persons entitled to be shown as the owner of land on the next equalized assessment roll.
(b) Where land is subject to a recorded written agreement of sale, any person shown in the agreement as the purchaser.
(c) Any public agency owning land other than highways, rights-of-way, easements, waterways, or canals.
(a) A person or persons shown as the owner of land on the last equalized assessment roll prepared by the county at the time the determination is required to be made pursuant to the requirements of this division. Where that person or persons are no longer the owner, the landowner or owner of land is any person or persons entitled to be shown as the owner of land on the next equalized assessment roll.
(b) Where land is subject to a recorded written agreement of sale, any person shown in the agreement as the purchaser.
(c) Any public agency owning land other than highways, rights-of-way, easements, waterways, or canals.
"Landowner-voter" means any person entitled to vote in a
landowner-voter district, or the legal representative of that person
or, in the case of an election, the proxy of that person if
authorized by the principal act.
"Landowner-voter district" means a district whose principal
act provides that owners of land within the district are entitled to
vote upon the election of district officers, the incurring of bonded
indebtedness, or any other district matter.
"Latent service or power" means those services,
facilities, functions, or powers authorized by the principal act
under which the district is formed, but that are not being exercised,
as determined by the commission pursuant to subdivision (i) of
Section 56425.
"Last equalized assessment roll" means the listing in use by
a county, city, or district for the purpose of the annual levy and
collection of any taxes or assessments.
This section does not require the use of the supplemental roll
prepared pursuant to Chapter 3.5 (commencing with Section 75) of Part
0.5 of Division 1 of the Revenue and Taxation Code.
"Legal representative" means an officer of a corporation,
partnership, or limited liability company duly authorized to sign
for, and on behalf of, the entity. Legal representative also includes
a guardian, conservator, executor, administrator, trustee, or other
person holding property in a trust capacity under appointment of a
court, when authorized by an order of the court.
"Legislative body" means the governing board of a city,
county, or district.
"Local agency" means a city, county, or district.
"Member district" means any district which is included, in
whole or in part, within another district, a metropolitan water
district, or any of the entities enumerated in Section 56036.6, all
or any part of the first-mentioned district being entitled, under the
provisions of the principal act of the second-mentioned district or
entity, to receive or be furnished with any governmental or
proprietary service or commodity by the second-mentioned district or
entity.
"Merger" means the termination of the existence of a
district when the responsibility for the functions, services, assets,
and liabilities of that district are assumed by a city as a result
of proceedings taken pursuant to this division.
"Next equalized assessment roll" means the listing to be
equalized and used by a city, county, or district for the purpose of
the annual levy and collection of any taxes or assessments imposed by
the city, county, or district.
"Open space" means any parcel or area of land or water which
is substantially unimproved and devoted to an open-space use, as
defined in Section 65560.
"Open-space use" means any use as defined in Section 65560.
"Overlap" or "overlapping territory" means territory which
is included within the boundaries of two or more districts or within
one or more districts and a city or cities.
"Parent district" means any district, a metropolitan water
district, or any of the entities enumerated in Section 56036.6, which
includes all or any part of another district, the first-mentioned
district or entity being obligated, under the provisions of the
principal act of the first-mentioned district or entity, to provide
and furnish any governmental or proprietary service or commodity to
the second-mentioned district.
"Prime agricultural land" means an area of land, whether a
single parcel or contiguous parcels, that has not been developed for
a use other than an agricultural use and that meets any of the
following qualifications:
(a) Land that qualifies, if irrigated, for rating as class I or class II in the USDA Natural Resources Conservation Service land use capability classification, whether or not land is actually irrigated, provided that irrigation is feasible.
(b) Land that qualifies for rating 80 through 100 Storie Index Rating.
(c) Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Range and Pasture Handbook, Revision 1, December 2003.
(d) Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre.
(e) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five calendar years.
(a) Land that qualifies, if irrigated, for rating as class I or class II in the USDA Natural Resources Conservation Service land use capability classification, whether or not land is actually irrigated, provided that irrigation is feasible.
(b) Land that qualifies for rating 80 through 100 Storie Index Rating.
(c) Land that supports livestock used for the production of food and fiber and that has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture in the National Range and Pasture Handbook, Revision 1, December 2003.
(d) Land planted with fruit or nut-bearing trees, vines, bushes, or crops that have a nonbearing period of less than five years and that will return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than four hundred dollars ($400) per acre.
(e) Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than four hundred dollars ($400) per acre for three of the previous five calendar years.
"Principal act" means, in the case of a district, the law
under which the district was formed and, in the case of a city, the
general laws or the city charter.
"Principal county" means the county having the greater
portion of the entire assessed value, as shown on the last equalized
assessment roll of the county or counties, of all taxable property
within a district or districts for which a change of organization or
reorganization is proposed.
"Proceeding," "proceeding for a change of organization," or
"proceeding for a reorganization" means proceedings taken by the
commission for a proposed change of organization or reorganization
pursuant to Part 4 (commencing with Section 57000).
"Proposal" means a desired change of organization or
reorganization initiated by a petition or by resolution of
application of a legislative body or school district for which a
certificate of filing has been issued.
"Protest proceedings" means proceedings taken by a
commission, or its executive officer when authorized by the
commission, as the conducting authority pursuant to Chapter 1
(commencing with Section 57000), Chapter 2 (commencing with Section
57025), Chapter 3 (commencing with Section 57050), or Chapter 4
(commencing with Section 57075) of Part 4 of this division.
"Public agency" means the state or any state agency, board,
or commission, any city, county, city and county, special district,
or any agency, board, or commission of the city, county, city and
county, special district, joint powers authority, or other political
subdivision.
"Registered voter" means any elector registered under, and
pursuant to, the Elections Code.
"Registered-voter district" means a district whose principal
act provides that registered voters residing within the district are
entitled to vote for the election of district officers, incurring of
bonded indebtedness, or any other district matter.
"Reorganization" means two or more changes of organization
contained within a single proposal.
"Resolution of application" means the document adopted by
a local agency or school district initiating a change of organization
or reorganization pursuant to Section 56654.
"Service" means a specific governmental activity established
within, and as a part of, a general function of the special
district, as provided by regulations adopted by the commission
pursuant to Chapter 5 (commencing with Section 56821) of Part 3.
"Special assessment district" or "assessment district" means
an area fixed, established, and formed by a city, county, district,
or the state, pursuant to general law, special act, or charter, that
is specially benefited by, and assessed, or to be assessed, to pay
the costs and expenses of, acquiring any lands or rights-of-way,
acquiring or constructing any public improvements, maintaining or
operating any public improvement, or lighting any public street,
highway, or place.
"Special reorganization" means a reorganization that
includes the detachment of territory from a city or city and county
and the incorporation of that entire detached territory as a city.
"Sphere of influence" means a plan for the probable physical
boundaries and service area of a local agency, as determined by the
commission.
"Subject agency" means each district or city for which a
change of organization or reorganization is proposed or provided in a
plan of reorganization.
"Subsidiary district" means a district in which a city
council is designated as, and empowered to act as, the ex officio
board of directors of the district.
"Urban service area" means developed, undeveloped, or
agricultural land, either incorporated or unincorporated, within the
sphere of influence of a city, which is served by urban facilities,
utilities, and services or which are proposed to be served by urban
facilities, utilities, and services during the first five years of an
adopted capital improvement program of the city if the city adopts
that type of program for those facilities, utilities, and services.
The boundary around an urban area shall be called the "urban service
area boundary" and shall be developed in cooperation with a city and
adopted by a commission pursuant to policies adopted by the
commission in accordance with Sections 56300, 56301, and 56425.
"Voter" means a landowner-voter or a registered voter.
