SECTIONS 58850-58861 - California Statutes

GOVERNMENT CODE

SECTION 58850-58861

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.