Article 4.5 - Alteration of Boundaries

California Government Code — §§ 23230-23296

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Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Amended by Stats. 2009, Ch. 332, Sec. 3. (SB 113) Effective January 1, 2010.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

A petition may consist of a single instrument or several counterparts.

Added by Stats. 1974, Ch. 1393.

A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

All petitions shall be filed with the clerk of the transferring county. All counterparts of a petition shall be filed at the same time.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

A resolution to initiate proceedings for a county boundary change shall contain the information required for a petition by Section 23234.

Added by Stats. 1974, Ch. 1393.

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.

Added by Stats. 1974, Ch. 1393.

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.

Amended by Stats. 2012, Ch. 470, Sec. 25. (AB 1529) Effective January 1, 2013.

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.

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