reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 9 - Mergers and the Establishment of Subsidiary Districts › Section 57531.

57531. Where any bonds, including revenue bonds, contracts, or other obligations of the merged district are outstanding upon the effective date of merger, the city succeeds to all of the rights and liabilities of the merged district under any ordinance, resolution, indenture, contract, or other obligation or providing for or authorizing the issuance of any bonds, contracts, or other obligations and may sue and be sued upon those rights and liabilities in the same manner and to the same extent as the merged district.
(Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 9 - Mergers and the Establishment of Subsidiary Districts › Section 57532.

57532. Any funds, money, or property of a merged district which have been impressed with any public trust, use, or purpose shall continue to be so impressed until the public trust, use, or purpose is vacated, abandoned, or terminated, in the manner provided by law.
(Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 9 - Mergers and the Establishment of Subsidiary Districts › Section 57533.

57533. Subject to Section 57532, any funds, money, or property of a merged district may be used for any lawful purpose of the city. So far as may be practicable, as determined by the city council, any of these funds, money, or property shall be used for the benefit of the lands, inhabitants, and taxpayers within the territory of the merged district.
(Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 9 - Mergers and the Establishment of Subsidiary Districts › Section 57534.

57534. On and after the effective date of an order establishing a district as a subsidiary district of a city, the city council shall be designated, and empowered to act, ex officio as the board of directors of the district. The district shall continue in existence with all of the powers, rights, duties, obligations, and functions provided for by the principal act, except for any provisions relating to the selection or removal of the members of the board of directors of the district.
(Amended by Stats. 2012, Ch. 162, Sec. 72. (SB 1171) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 9 - Mergers and the Establishment of Subsidiary Districts › Section 57535.

57535. If any court determines that any incompatibility exists by reason of the same person or persons holding office both as a member of the city council and as a member of the board of directors of a subsidiary district, the court shall order the vacation of the office of that person as a member of the board of directors, but not as a member of the city council, and shall order the membership of the board of directors to be selected in the manner provided by the principal act.
(Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 3 - CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 › PART 5 - TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION › CHAPTER 10 - Effect of Reorganization › Section 57550.

57550. On and after the effective date of a reorganization, each change of organization ordered for any city or district shall be given the force and effect pertaining to a change of organization of that type, as provided in this part.
(Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57600.

57600. For purposes of this division:
(a) “Local financial institution” means a certified community development financial institution, a credit union, as defined in Section 165 of the Financial Code, or a small bank or an intermediate small bank, as defined in Section 25.12 of Title 12 of the Code of Federal Regulations.
(b) (1) “Public bank” means a corporation, organized under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) or the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, local agencies, or a joint powers authority 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 composed only of local agencies.
(2) A local agency located within a county with a population of less than 250,000 may organize a public bank only if it does so as part of a joint powers authority formed for those purposes.
(3) For purposes of paragraph (2), population shall be based on the most recent estimate of population data determined by the Demographic Research Unit of the Department of Finance.
(c) “Public bank license” means a certificate of authorization to transact business as a bank as described in Section 1042 of the Financial Code.
(Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57601.

57601. (a) If a public bank is organized as a nonprofit mutual benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law as a public bank. The purpose of the corporation is to engage in the commercial banking business or industrial banking business and any other lawful activities which are not prohibited to a public bank by applicable laws or regulations.”
(b) If a public bank is organized as a nonprofit public benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for the public purpose of engaging in the commercial banking business or industrial banking business as a public bank.”
(c) Notwithstanding Sections 5410 and 7411 of the Corporations Code, a public bank may make distributions to its members.
(d) All provisions of law applicable to nonprofit corporations generally, including, but not limited to, the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) shall apply to public banks. Whenever a provision of this division applicable to public banks is inconsistent with a provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally, the provision of this division shall apply, and the inconsistent provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally shall not apply to a public bank.
(Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57602.

57602. (a) A public bank shall obtain and maintain deposit insurance provided by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.).
(b) In seeking and retaining insurance, a public bank may do all things and assume and discharge all obligations required of it that are not in conflict with state law.
(Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57603.

57603. (a) Before engaging in business, a public bank shall obtain a certificate of authorization to transact business as a bank pursuant to Division 1.1 of the Financial Code (commencing with Section 1000).
(b) A local agency shall comply with the requirements of Section 53638 with respect to its deposits in a public bank unless, with the prior approval of the Commissioner of Financial Protection and Innovation, the public bank and the local agency depositor agree otherwise.
(c) Notwithstanding Section 23010, a county may lend any of its available funds to any public bank.
(d) Notwithstanding Section 53601, any local agency that does not pool money in deposits or investments with other local agencies that have separate governing bodies may invest in debt securities or other obligations of a public bank.
(e) Notwithstanding Section 53635, any local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body, may invest in debt securities or other obligations of a public bank.
(f) Notwithstanding Section 53635.2, a public bank shall be eligible to receive local agency money.
(Amended by Stats. 2022, Ch. 452, Sec. 189. (SB 1498) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57604.

57604. (a) As used in this section:
(1) “Conducted in partnership with” means pursuant to a written agreement with a local financial institution to provide financial products and services to the public located within the jurisdiction of the public bank.
(2) “Infrastructure lending” means granting a loan or extending credit to a local agency for the purpose of building or improving public infrastructure, including housing projects, as defined in Section 34212 of the Health and Safety Code, and affordable housing, as defined in subdivision (a) of Section 62250.
(3) “Local agency banking” means providing any of the following services to a local agency:
(A) Accepting a deposit of any kind.
(B) Granting a loan or extension of credit of any kind.
(4) “Participation lending” means purchasing or selling an interest in a loan or loans originated by or sold to a local financial institution, or originating, leading, or directing a loan transaction involving a local financial institution pursuant to a written agreement with the local financial institution.
(5) “Person” means a person as defined in Section 127 of the Financial Code, except that a person does not mean a local agency as defined in Section 50001 of the Government Code, but includes any individual employed by a local agency.
(6) “Retail activities” means providing any kind of financial product or service to a person that is typically offered or provided by a local financial institution, including, but not limited to, all of the following:
(A) Accepting a deposit of any kind from a person, including the issuance of shares by a credit union.
(B) Granting a loan or extension of credit, of any kind, to a person.
(7) “Wholesale lending” means granting a loan or extension of credit to a local financial institution.
(b) Except as provided in paragraph (2) of subdivision (c), a public bank shall conduct retail activities in partnership with local financial institutions and shall not compete with local financial institutions.
(c) A public bank may do both of the following:
(1) Engage in all of the following banking activities:
(A) Local agency banking.
(B) Infrastructure lending.
(C) Wholesale lending.
(D) Participation lending.
(2) Engage in retail activities without partnering with a local financial institution, if those retail activities are not offered or provided by local financial institutions in the jurisdiction of the local agency or agencies that own the public bank.
(Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57605.

57605. For the purposes of Section 1280 of the Financial Code, any person or entity, including a local agency, that owns, controls, or holds an ownership interest in a public bank is not a bank holding company by reason of that ownership interest.
(Added by Stats. 2019, Ch. 442, Sec. 16. (AB 857) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 5 - LOCAL AGENCIES › DIVISION 5 - Public Banks › Section 57607.

57607. (a) The Commissioner of Financial Protection and Innovation shall not issue more than two public bank licenses in a calendar year.
(b) The Commissioner of Financial Protection and Innovation shall not issue a public bank license if issuing that public bank license would cause there to be more than 10 public banks authorized to transact business pursuant to Division 1.1 (commencing with Section 1000) of the Financial Code.
(c) The Commissioner of Financial Protection and Innovation shall conduct a study of public banking in California within two years after the date upon which the commissioner issues the 10th public bank license.
(d) The Commissioner of Financial Protection and Innovation shall not issue a public bank license after the expiration of a period of seven years from the date upon which the commissioner first promulgates regulations for the purpose of carrying out the commissioner’s duties under this division.
(Amended by Stats. 2022, Ch. 452, Sec. 191. (SB 1498) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58002.

58002. This chapter applies only when and to the extent that it is adopted or incorporated by reference in a law providing for a particular district or type of district.
(Amended by Stats. 1970, Ch. 346.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58004.

58004. As used in this chapter, unless the context otherwise requires:
(a) “District” means a tax or assessment district.
(b) “Governing body” means the board of directors of a district or equivalent board or body.
(c) “Principal act” means the law providing for the creation of a particular district or type of district.
(d) “Supervising authority” means the board of supervisors of the county in which is situated all or most of the land in a district, or body authorized by law to initiate or hear proceedings for the creation of a district.
(e) “Project” means the work, improvement, or acquisition, or any combination thereof undertaken by a district.
(f) “Owner” includes joint owner, co-owner, guardian, executor, administrator, or other person holding property in trust under court appointment.
(g) “Requisite number of petitioners” means the number of qualified petitioners prescribed by the principal act.
(h) “Requisite number of protestants” means the number of qualified protestants prescribed by the principal act.
(i) “Clerk” means the clerk of the supervising authority.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58005.

58005. Whenever in this chapter a petition, order, resolution, complaint, or other document refers to a principal act, the name, if any, of the principal act, with its citation shall be set forth in such document.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58006.

58006. When this chapter or the principal act requires publication of a notice, publication shall be in a newspaper of general circulation published and circulated within the district, or if there is none, in the newspaper of general circulation published nearest to the district.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58007.

58007. Unless otherwise expressly provided, each notice shall be published once a week for three successive weeks prior to the date set for the event of which notice is given.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58008.

58008. Proof of publication may be by affidavit of the owner, publisher, printer, or clerk of the newspaper. The affidavit is prima facie evidence of the facts stated in it.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58009.

58009. If a district is situated in a county in which no newspaper of general circulation is published, the notice shall be posted in three public places in the district for the same period as if published.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58010.

58010. Proof of posting may be by affidavit of the person posting the notice. The affidavit is prima facie evidence of the facts stated in it.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 1 - General › Section 58011.

58011. In case of a conflict between the provisions of this chapter and the provisions of the law providing for the creation of a particular district or type of district, the provisions of this chapter shall prevail.
(Added by renumbering Section 58010 by Stats. 1978, Ch. 380.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 2 - Petition for Formation › Section 58032.

58032. The petition may be filed in sections. Each section shall comply with all the requirements for a petition, except that it need not contain all the signatures required for the petition.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 2 - Petition for Formation › Section 58033.

58033. Before publication of the petition, a petitioner may withdraw his signature by filing with the clerk a signed statement of his intention to withdraw his signature from the petition.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 2 - Petition for Formation › Section 58034.

58034. The petition shall:
(a) State the proposed name for the district.
(b) Set forth the district boundaries or describe the land situated in the district.
(c) Request that the district be formed pursuant to the principal act.
(d) Describe generally the nature of the proposed project and, based upon the functions proposed to be performed by the district, an estimate verified by the proponents of the first year’s estimated income and expenses and estimated expenditures for capital improvements.
(e) Comply with any additional requirements of the principal act.
(Amended by Stats. 1963, Ch. 1358.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 3 - Preliminary Hearing › Section 58060.

58060. Upon presentation and filing of the formation petition the supervising authority shall fix a time and place for its hearing. The hearing shall not be less than 20 nor more than 40 days after presentation and filing.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 3 - Preliminary Hearing › Section 58061.

58061. If the principal act or any other law applicable to the formation of the district requires the making of an investigation of and a report on the project, the hearing may be continued from time to time to enable the making of such investigation and report. Such continuance shall not exceed three months.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58090.

58090. The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58091.

58091. The notice of final hearing shall state:
(a) The name and nature of the district.
(b) That the petition may be inspected at the clerk’s office.
(c) The boundaries of the proposed district and the estimated initial annual special ad valorem tax rate to the taxable property within the proposed district as computed based on the verified information provided pursuant to subdivision (d) of Section 58034 of this code.
(d) The time and place for the final hearing.
(e) That protests will be considered at the hearing.
(f) That written requests for exclusion from or inclusion of land in the proposed district will be heard and considered.
(Amended by Stats. 1963, Ch. 1358.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58093.

58093. The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in the notice.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58095.

58095. If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a new petition on the same matter.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58096.

58096. A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the State in a proceeding brought by the Attorney General within one year after the order establishing and describing the boundaries of the district.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58098.

58098. Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58101.

58101. At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58102.

58102. At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58103.

58103. If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The supervising authority shall order the proceedings terminated when such protests are received.
(Amended by Stats. 1955, Ch. 916.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58104.

58104. The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year from the order of termination.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58105.

58105. If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the boundaries of the proposed district.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58105.1.

58105.1. If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as changed by the supervising authority as hereafter provided, is infeasible, not economically sound, or not for the public interest, it may terminate the proceedings.
(Added by Stats. 1961, Ch. 1343.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58106.

58106. At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific finding as to each parcel of land with respect to which a written request for exclusion has been presented on the question of whether it will or will not be benefited by the proposed project. In making such finding the supervising authority shall consider present use of such land, reasonable prospective use, topography, the nature of the proposed improvements, and any other pertinent factors. The present use of lands for rights-of-way for railroads, power and communication lines, or other public utility facilities shall be presumed by the supervising authority to be permanent.
The supervising authority may include any land if it finds that the land will be benefited and that its inclusion will be to the interest of the district.
If lands are excluded by the supervising authority pursuant to this section, such lands shall not thereafter be annexed to or included in the district in the absence of a finding, based on substantial evidence, of a change in the circumstances upon which the decision to exclude such lands was based.
(Amended by Stats. 1961, Ch. 1343.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58108.

58108. The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county assessment roll and to any person who has filed with the clerk his name, address, and a description of land in which he has a legal or equitable interest.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58109.

58109. The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 4 - Final Hearing › Section 58110.

58110. If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name for, the district. The name may be that proposed in the petition or any other name the supervising authority selects.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 5 - Formation › Section 58130.

58130. Within 20 days after the adoption of the resolution establishing the boundaries, the supervising authority shall call and give notice of an election to be held in the proposed district to determine whether the district shall be formed and to select the elective officers, if any, of the district.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 5 - Formation › Section 58131.

58131. The election shall be called and conducted, and any candidates shall be nominated as in general district elections except:
(a) The supervising authority shall establish election precincts, designate the polling places, publish notice, and appoint the election board.
(b) The election returns shall be forwarded to the supervising authority which shall canvass them and declare the election results at its next regular meeting following the election.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 5 - Formation › Section 58132.

58132. If a majority of the votes cast at the election favors the organization of the district, by resolution entered on its minutes the supervising authority shall declare the district duly organized under the principal act, give the designated name of the district, and describe its boundaries.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 5 - Formation › Section 58133.

58133. Immediately after the passing of the resolution declaring the organization of the district, the clerk shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder of each county in which any land in the district is situated. Upon such filing the organization of the district is complete.
(Added by Stats. 1951, Ch. 331.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 1 - The District Organization Law › ARTICLE 7 - Validating Proceedings › Section 58200.

58200. An action to determine the legality of the existence of the district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Repealed and added by Stats. 1961, Ch. 1552.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58850.

58850. Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter:
(a) “County surveyor” means the county surveyor or such other county officer or employee as the board of supervisors may designate.
(b) “Proposal” means any proposal for the formation of a new, or a change in the boundaries of an existing, district exercising functions that are, or may be, supported by taxes or special assessment taxes levied on property within the district and collected with county taxes. This chapter does not apply to proposals concerning special assessment districts formed for the purpose of providing various municipal and county improvements, or to a municipal utility district, or a transit district organized under the Transit District Law (Division 10, commencing with Section 24501, of the Public Utilities Code), whose boundaries include all or portions of two or more counties.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58851.

58851. The county surveyor and the county assessor shall review the boundary description contained in those proposals which are not subject to the jurisdiction of the local agency formation commission pursuant to Chapter 6.6 (commencing with Section 54775) of Part 1 of Division 2 of Title 5 or Division 1 (commencing with Section 56000), Title 6 of this code. Whenever the county boundary commission is referred to in state law, the reference shall be deemed to be to the local agency formation commission when the reference is in connection with any proposal over which the local agency formation commission has jurisdiction.
(Amended by Stats. 1967, Ch. 920.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58852.

58852. Prior to circulation of a petition, if such circulation is required, or otherwise prior to filing with the board of supervisors or with the governing body of a district, the proposal shall be submitted to the county surveyor as provided in this chapter. Each such proposal shall be accompanied by a map showing the boundaries of the territory involved and by a specific detailed legal description of the boundaries of such territory.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58853.

58853. If the territory involved in the proposal is located in two or more counties, a copy of the proposal shall be filed with the county surveyor of each such county. The county surveyor of each such county shall have jurisdiction over and shall report upon those portions of the boundaries and territory which shall be located within each such county.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58854.

58854. Within 30 days after filing, the county surveyor shall review and report on boundaries set forth in the proposal. Failure to report on a proposal within said 30-day period shall be deemed approval of the boundaries as set forth therein.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58855.

58855. Within 10 days after the filing of any proposal, the county surveyor shall give written notice as provided in Section 58855.5 by mailing notice of such filing:
(a) To each city, county, or district the boundaries of which contain all or any portion of the lands described in the proposal; and
(b) To each person who has filed a written request for special notice of such filings of such proposals with the county surveyor.
(Amended by Stats. 1971, Ch. 268.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58855.5.

58855.5. Mailed notice of any proposal shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when so deposited. When notice is required to be given to:
(a) A city, county or district, it shall be addressed to the clerk thereof;
(b) Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice of filings of proposals with the county surveyor.
(Added by Stats. 1971, Ch. 268.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58856.

58856. Factors to be considered by the county surveyor in review of a proposal shall include:
(a) The definiteness and certainty of the proposed boundaries;
(b) Conformance of the proposed boundaries with lines of ownership, as shown on the last equalized assessment roll of the county or by documents of record in the office of the county recorder; and
(c) Other similar matters of public interest resulting from the location of the proposed boundaries.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58857.

58857. If he deems it to be in the public interest, the county surveyor may hold a public hearing on the proposal. Notice of any such hearing shall be given to the same cities and districts as were given notice pursuant to Section 58855 and may be given to such other cities, districts, public agencies, or persons as the county surveyor may direct.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58858.

58858. The county surveyor may make changes in the boundaries set forth in a proposal if:
(a) The proponents consent; and
(b) The territory contained within the revised boundaries complies with the requirements of any applicable law and does not include any territory which could not have been included at the time of the filing of the proposal.
If written notice was previously given pursuant to Section 58855, within five days after making any such change, the county surveyor shall give written notice thereof to any city or district, within three miles of the changed boundaries, which was not previously given notice.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58859.

58859. The county surveyor shall deliver a copy of his report together with any recommendations made by the county assessor to the proponents and to the legislative body having jurisdiction to conduct appropriate proceedings.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58860.

58860. If the proponents do not accept the county surveyor’s recommendations as contained in his report, they shall file a statement of reasons with the legislative body having jurisdiction to conduct the appropriate proceedings. The proponents shall also furnish a copy of such statement to the county surveyor. The proposal may be circulated or filed with the board of supervisors or the governing body of the district, if any, only after such a report has been furnished.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3 - Change of Boundaries › Section 58861.

58861. Before acting upon any proposal, the legislative body having jurisdiction shall consider the report of the county surveyor and give it such weight as in its judgment the public interest requires.
(Repealed and added by Stats. 1965, Ch. 587.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58900.

58900. It is the purpose of this chapter to require that notice of a proposal be given to all owners of the real property described therein prior to the time the proposal is acted upon by the supervising authority.
(Added by Stats. 1953, Ch. 846.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58901.

58901. As used in this chapter, unless the context otherwise requires:
(a) “Proposal” means any proposal for the formation of a new, or change in the boundaries of an existing, district.
(b) “Supervising authority” means the board of supervisors, city council or the governing body authorized by law to act upon proceedings for the formation of a new, or change in boundaries of an existing, district.
(c) “District” means any tax, assessment or any other district except as otherwise provided in Section 58902.
(d) “Clerk” means the clerk or secretary of the supervising authority.
(e) “Principal act” means the law providing for the creation or change in boundaries of a district.
(Added by Stats. 1953, Ch. 846.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58902.

58902. Except as herein otherwise provided, this chapter shall apply to all districts. This chapter shall not apply to any boundary change which is approved by all of the owners of real property proposed to be included within, or proposed to be excluded from, the district, nor to any proceeding commenced or conducted with respect to forming a metropolitan water district or separation of grade district or changing the boundaries thereof.
(Amended by Stats. 1963, Ch. 1064.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58904.

58904. The notice of filing or other submission of the proposal shall contain the matters specified by the law under which the proposal is made. In lieu thereof it shall be sufficient if the notice of filing or other submission of the proposal shall contain the following:
(a) The nature of the proposal.
(b) A general description or map of the territory included in the proposal.
(c) The time and place of the first public hearing on the proposal if a public hearing is required by other provisions of law to be held upon the proposal, or the time and place upon which the supervising authority will take initial action upon the proposal.
(Amended by Stats. 1963, Ch. 1064.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58905.

58905. Every owner of real property, including property assessed by the State under Section 14, Article XIII of the Constitution, is hereby authorized to file a statement each fiscal year with the county assessor, showing his name, address, and a description of the property owned by him, together with a request that a notice of all proposals affecting such property shall be mailed to him at such address. The statement and request shall be effective only for the fiscal year in which it was filed. The fee for filing a statement and request is one dollar and fifty cents ($1.50). The property owner shall furnish a copy of the statement and request to the clerk of any supervising authority having a request for same on file with the county assessor, and this chapter shall be ineffective with respect to the actions of that supervising authority unless its clerk shall have received a copy of the statement and request.
(Amended by Stats. 1963, Ch. 1064.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58906.

58906. If the principal act requires notice to be mailed by first-class mail to all owners of property described in the proposal, including the owners of state assessed property, notice shall be mailed in the form and manner, and at the time, required by such act. If the principal act does not require such notice, the clerk shall cause a notice of the filing or other submission of the proposal to be mailed by post card or first class mail, postage prepaid, to every owner of real property described in the proposal who has filed the statement authorized by the preceding section, at the address shown on such statement, at least 10 days prior to the first hearing or initial action on the proposal. The clerk of the supervising authority may, upon completion of the mailing of such notices, file an affidavit with the supervising authority stating that notices have been mailed to all property owners entitled thereto under the provisions of this chapter. The affidavit of the clerk shall be conclusive evidence as to the mailing or nonmailing of any notice. Mailing of notice to all property owners who have filed a request therefor with the county assessor, as authorized by Section 58905, shall be deemed sufficient compliance with this chapter for all purposes.
(Added by Stats. 1953, Ch. 846.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58907.

58907. No proceeding shall be held invalid for omission of the clerk of the supervising body to mail the notice required by this chapter to any property owner unless such owner objects to such omission within 30 days after the public hearing or initial action with reference to which such notice was omitted. No objection shall be considered unless it is made in writing, signed, under oath by such owner or his duly authorized representative, and filed with the clerk of the supervising authority. Upon the expiration of said 30 days, the clerk may file an affidavit stating whether or not any property owner entitled to a mailed notice under this chapter who has not been mailed such notice, has filed the objection herein authorized. The affidavit of the clerk shall be conclusive evidence as to the filing or nonfiling of objections within the period of 30 days as above required. If a valid objection is filed within the time allowed, the supervising authority shall conduct another hearing or reconsider its initial action on the proposal, after complying with the notice provisions of this chapter and the principal act under which the proposal was initiated. The time allowed by such principal act for the taking of any proceedings subsequent to the initial action or hearing shall be extended for such additional time as may be required to comply with this chapter.
(Added by Stats. 1953, Ch. 846.)
2023 California Code › Government Code - GOV › TITLE 6 - DISTRICTS › DIVISION 1 - GENERAL › CHAPTER 3.5 - Notice of Formation or Change in Boundaries of Districts › Section 58908.

58908. The provisions of this chapter shall not be superseded or modified by any subsequent legislation except to the extent that such legislation shall do so expressly.
(Added by Stats. 1953, Ch. 846.)