2005 California Government Code Sections 56010-56081 CHAPTER 2. DEFINITIONS

56010.  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.
56011.  "Affected city" means any city which satifies either of the
following conditions:
   (a) It contains, or its sphere of influence contains, territory
for which a change of organization is proposed or ordered either
singularly or as part of a reorganization.
   (b) It would contain the territory described in subdivision (a) as
a result of proceedings for a change of organization or
reorganization taken pursuant to this division.
56012.  "Affected county" means each county which contains, or would
contain, any territory for which a change of organization or
reorganization is proposed or ordered or which contains all or any
part of a district for which a change of organization or
reorganization is proposed or ordered with respect to territory
outside that county.
56013.  "Affected district" means a special district, as defined by
Section 56036, which contains, or whose sphere of influence contains,
any territory for  which a reorganization or a change of
organization is proposed or ordered.
56014.  "Affected local agency" means any local agency which
contains, or would contain, or whose sphere of influence contains,
any territory within any proposal or study to be reviewed by the
commission.
56015.  "Affected territory" means any territory for which a change
of organization or reorganization is proposed or ordered.
56016.  "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.
56017.  "Annexation" means the annexation, inclusion, attachment, or
addition of territory to a city or district.
56018.  "Benefit district" means a district, containing lands which
are, or will be, benefited by their inclusion within the district,
the owners of those lands being entitled, under state or federal
statutes or the California Constitution or the United States
Constitution, to notice by mail or personal service and hearing prior
to the inclusion of the lands within the district.
56019.  "Board of directors" means the legislative body or governing
board of a district.
56020.  "Board of supervisors" means the board of supervisors of a
county.
56020.5.  "Certificate of completion" means the document prepared by
the executive officer and recorded with the county recorder that
confirms the final successful resolution of a change of organization
or reorganization.
56020.7.  "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 or rejection by voters in an election.
56021.  "Change of organization" means any of the following:
   (a) A city incorporation.
   (b) A district formation.
   (c) An annexation to, or detachment from, a city or district.
   (d) A disincorporation of a city.
   (e) A district dissolution.
   (f) A consolidation of cities or special districts.
   (g) A merger or establishment of a subsidiary district.
56023.  "City" means any chartered or general law city, including
any city the name of which includes the word "town."
56024.  "City council" means the city council or legislative body of
a city.
56025.  "City officer" means the mayor or a member of the city
council.
56026.  "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.
56027.  "Commission" means a local agency formation commission.
56028.  "Commission proceedings" means proceedings which are taken
by a commission pursuant to Part 3 (commencing with Section 56650).
56029.  "Conducting authority" means the commission of the principal
county of the entity proposing a change of organization or
reorganization, unless another conducting authority is specified by
law.
56030.  "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.
   This section shall become inoperative on July 1, 2008, and, as of
January 1, 2009, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
56030.  (a) "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.
In the case of consolidation of special districts, all of those
districts shall have been formed pursuant to the same principal act.
   (b) This section shall become operative on July 1, 2008.
56031.  (a) "Contiguous" means both of the following:
   (1) In the case of annexation, territory adjacent to, or territory
adjoining territory within, the local agency to which annexation is
proposed.
   (2) In the case of consolidation, territory of a local agency or
agencies which is adjacent to, or adjoining the territory of, the
consolidating local agency or to the territory of another local
agency which is contiguous to the consolidating local agency and to
be consolidated with the consolidating 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, that width to be exclusive of highways.
56032.  "County officer" means a member of the board of supervisors.
56033.  "Detachment" means the detachment, deannexation, exclusion,
deletion, or removal from a city or district of any portion of the
territory of that city or district.
56034.  "Disincorporation" means the disincorporation, dissolution,
extinguishment, and 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.
56035.  "Dissolution" means the dissolution, disincorporation,
extinguishment, and 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.
56036.  (a) "District" or "special district" means 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.  "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) A 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 of the following:
   (A) A fire protection district.
   (B) A mosquito abatement and vector control district.
   (C) A public cemetery district.
   (D) A recreation and park district.
   (E) A community services district.
   (b) Except as otherwise provided in paragraph (1), each of the
entities listed in paragraph (1) is a "district" or a "special
district" for the purposes of this division.
   (1) For the purposes of Chapter 1 (commencing with Section 57000)
to Chapter 7 (commencing with Section 57175), inclusive, of Part 4 or
Part 5 (commencing with Section 57300), none of the following
entities is a "district" or a "special district":
   (A) A unified or union high school library district.
   (B) A bridge and highway district.
   (C) A joint highway district.
   (D) A transit or rapid transit district.
   (E) A metropolitan water district.
   (F) A separation of grade district.
   (2) Any proceedings pursuant to Part 4 (commencing with Section
57000) for a change of organization involving an entity described in
paragraph (1) shall be conducted pursuant to the principal act
authorizing the establishment of that entity.
   (c) Except as otherwise provided in paragraph (1), each of the
entities listed in paragraph (1) is a "district" or "special district"
for purposes of this division.
   (1) For the purposes of Chapter 1 (commencing with Section 57000)
to Chapter 7 (commencing with Section 57175), 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":
   (A) A flood control district.
   (B) A flood control and floodwater conservation district.
   (C) A flood control and water conservation district.
   (D) A conservation district.
   (E) A water conservation district.
   (F) A water replenishment district.
   (G) The Orange County Water District.
   (H) A California water storage district.
   (I) A water agency.
   (J) A county water authority or a water authority.
   (2) If the commission determines that an entity described in
paragraph (1) 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.
56037.  "District of limited powers" means an airport district,
community services district, municipal utility district, public
utilities district, fire protection district, harbor district, port
district, recreational harbor district, small craft harbor district,
resort improvement district, library district, local hospital
district, local health district, municipal improvement district
formed pursuant to any special act, municipal water district, police
protection district, recreation and park district, garbage disposal
district, garbage and refuse disposal district, sanitary district,
county sanitation district, public cemetery district, California
water district, county water district, county waterworks district, or
irrigation district.
56037.5.  "Elections official" shall have the same meaning as in
Section 320 of the Elections Code.
56038.  "Executive officer" means the executive officer appointed by
a commission.
56038.5.  "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.
56039.  "Formation" means the formation, incorporation,
organization, or creation of a district.
56040.  "Function" means any power granted by law to a local agency
or a county to provide designated governmental or proprietary
services or facilities for the use, benefit, or protection of persons
or property.
56041.  "Improvement district" means a district, 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.
56042.  "Include," except when used in relation to the inclusion of
land, does not necessarily exclude matters not enumerated.
56043.  "Incorporation" means the incorporation, formation,
creation, and establishment of a city with corporate powers.  Any
area proposed for incorporation as a new city shall have at least 500
registered voters residing within the affected area at the time
commission proceedings are initiated.
56044.  "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 Section 56036.
56045.  "Independent special district officer" means the presiding
officer or a member of the legislative body of an independent special
district.
56046.  "Inhabited territory" means territory within which there
reside 12 or more registered voters.  The date  on which the number
of registered voters is determined  is the date of the adoption of a
resolution of application by the legislative body pursuant to Section
56654, if the legislative body has complied with subdivision (b) of
that section, or the date a petition or other resolution of
application is accepted for filing and a certificate of filing is
issued by the executive officer.  All other territory shall be deemed
"uninhabited."
56047.  "Initiate" or "initiation" means the acceptance for filing
and the issuance of a certificate of filing by the executive officer.
56047.5.  "Interested agency" means each local agency which provides
facilities or services in the affected territory that a subject
agency would provide.
56048.  (a) Except as otherwise provided in subdivision (b) or (c),
"landowner" or "owner of land" means all of the following:
   (1) Any person shown as the owner of land on the most recent
assessment roll being prepared by the county at the time the
proponent adopts a resolution of application pursuant to Section
56654 or files a notice of intention to circulate a petition with the
executive officer pursuant to subdivision (a) of Section 56700.4,
except where that person is no longer the owner.  Where that person
is no longer the owner, the landowner or owner of land is any person
entitled to be shown as owner of land on the next assessment roll.
   (2) Where land is subject to a recorded written agreement of sale,
any person shown in the agreement as purchaser.
   (3) Any public agency owning land.
   (b) "Landowner" or "owner of land" does not include a public
agency which owns highways, rights-of-way, easements, waterways, or
canals.
56049.  "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.
56050.  "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.
56051.  "Last equalized assessment roll" means the last equalized
assessment roll or book used by a county, city, or district for the
purpose of the annual levy and collection of any taxes or assessments
imposed by the county, city, or district.
   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.
56052.  "Legal representative" means an officer of a corporation
duly authorized, by the bylaws or a resolution of the board of
directors of the corporation, to sign for, and on behalf of, the
corporation.  Legal representative also includes a guardian,
conservator, executor, administrator, or other person holding
property in a trust capacity under appointment of a court, when
authorized by an order of the court.  The order of the court may be
made without notice.
56053.  "Legislative body" means the legislative body or governing
board of a city, special district, or county.
56054.  "Local agency" means a city, county, or district.
56055.  "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 subdivision (c) of
Section 56036, 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.
56056.  "Merger" means the extinguishment, termination, and
cessation of the existence of a district of limited powers by the
merger of that district with a city as a result of proceedings taken
pursuant to this division.
56057.  "Next equalized assessment roll" means the next assessment
roll or book 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.
56058.  "Notice" means any matter authorized or required by this
division to be published, posted, or mailed.
56059.  "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.
56060.  "Open-space use" means any use as defined in Section 65560.
56061.  "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.
56062.  "Parent district" means any district, a metropolitan water
district, or any of the entities enumerated in subdivision (c) of
Section 56036, 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.
56063.  "Plan of reorganization" means a plan or program for
effecting a reorganization and which contains a description of all
changes of organization included in the reorganization and setting
forth all terms, conditions, and matters necessary or incidental to
the effectuation of that reorganization.
56064.  "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 Handbook on Range and
Related Grazing Lands, July, 1967, developed pursuant to Public Law
46, December 1935.
   (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.
56065.  "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 a charter, as the case may be.
56066.  "Principal county" means the county having all or 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.
56067.  "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).
56068.  "Proponent" means the person or persons who file a notice of
intention to circulate a petition with the executive officer
pursuant to subdivision (a) of Section 56700.4, or the affected local
agency or agencies that adopt a resolution of application pursuant
to Section 56654.
56069.  "Proposal" means a request or statement of intention made by
petition or by resolution of application of a legislative body or of
a school district proposing proceedings for the change of
organization or reorganization described in the request or statement
of intention.
56070.  "Public agency" means the state or any state agency, board,
or commission, any city, county, city and county, special district,
or other political subdivision, or any agency, board, or commission
of the city, county, city and county, special district, or other
political subdivision.
56071.  "Registered voter" means any elector registered under, and
pursuant to, the Elections Code.
56072.  "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.
56073.  "Reorganization" means two or more changes of organization
initiated in a single proposal.
56074.  "Service" means a class established within, and as a part
of, a single function, as provided by regulations adopted by the
commission pursuant to Chapter 5 (commencing with Section 56820) of
Part 3.
56075.  "Special 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.
56075.5.  "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.
56076.  "Sphere of influence" means a plan for the probable physical
boundaries and service area of a local agency, as determined by the
commission.
56077.  "Subject agency" means each district or city for which a
change of organization or reorganization is proposed or provided in a
plan of reorganization.
56078.  "Subsidiary district" means a district of limited powers in
which a city council is designated as, and empowered to act as, the
ex officio board of directors of the district.
56079.  "Sufficient petition" means a petition which, upon its
filing and certification, requires the commission to hold a hearing
and make determinations with respect to the proposal contained in the
petition.
56080.  "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.
56081.  "Voter" means a landowner-voter or a registered voter.