CHAPTER 3.5. Consolidation of Counties [23500. - 23580.]

Chapter 3.5 added by Stats. 1974, Ch. 1391.

§§ 23500–23580 · 55 sections

1. ARTICLE 1. General Provisions §§ 23500–23503 · 4 sections

   • § 23500 Two or more counties, each contiguous to the other, or to one of the others, may consolidate into one county pursuant to this chapter.
   • § 23501 As used in this chapter: (a) “Affected county” means each county which is proposed to be part of a consolidated county or which is consolidated with one or…
   • § 23502 Proceedings under this chapter shall not be subject to the provisions of Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5,…
   • § 23503 Any action to determine the validity of the consolidation of counties pursuant to this chapter shall be brought pursuant to Chapter 9 (commencing with Section…
2. ARTICLE 2. Initiation of Proceedings §§ 23510–23520 · 11 sections

   • § 23510 Proceedings for the consolidation of two or more contiguous counties may be initiated by petition, or by resolution of the board of supervisors of each…
   • § 23511 A petition initiating proceedings shall be signed by qualified electors of each affected county equaling in number not less than 25 percent of the number of…
   • § 23512 A petition may consist of a single instrument or several counterparts.
   • § 23513 A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.
   • § 23514 No petition shall be accepted for filing pursuant to this article unless the signatures therein shall have been secured within six months of the date on which…
   • § 23515 All petitions shall be filed with the clerk of the principal county. All counterparts of a petition shall be filed at the same time.
   • § 23516 Within 30 days after the date of filing of a petition, the clerk of the principal county shall examine the petition and determine whether it is signed by the…
   • § 23517 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…
   • § 23518 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 each county…
   • § 23519 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…
   • § 23520 Upon receipt of the certification of a petition for county consolidation or the adoption of resolutions pursuant to Section 23510, the board of the principal…
3. ARTICLE 3. County Consolidation Review Commission §§ 23530–23538 · 9 sections

   • § 23530 Upon receipt of notice pursuant to Section 23520, the Governor shall create a County Consolidation Review Commission to review the proposed county…
   • § 23531 Within 10 days after notice of appointment and acceptance by the last appointed member, the members of the commission shall meet at the principal…
   • § 23532 The hearing may be continued from time to time during the course of the commission’s review.
   • § 23533 By citation or subpoena signed by its chairman and secretary, the commission may compel the attendance of such persons and the production of such books, papers…
   • § 23534 All officers and employees of each affected county shall cooperate with, perform any functions required by, and produce any books, records or other documents…
   • § 23535 The commission shall determine: (a) The fiscal impact of the proposed consolidation on the affected counties. (b) A procedure for the orderly and timely…
   • § 23536 In determining the fiscal impact of the proposed consolidation, the commission shall consider: (a) The cost of providing services in the consolidated county.…
   • § 23537 Members of the commission shall receive as compensation a per diem not to exceed fifty dollars ($50) a day for every day they are actually employed together…
   • § 23538 The commission shall adopt a resolution making its determinations and transmit its report to the board of supervisors of each affected county within 180 days…
4. ARTICLE 4. Election §§ 23550–23566 · 17 sections

   • § 23550 Upon receiving the commission’s determinations, the board of supervisors of each affected county shall order and give proclamation and notice of an election to…
   • § 23551 The proclamation and notice of election to determine whether a consolidated county should be organized shall be published at least once a week for three weeks…
   • § 23552 At the same time that the board of supervisors of each affected county issues a proclamation and notice of election for the purpose of determining whether the…
   • § 23553 The notice of election shall: (a) State distinctly the propositions to be submitted. (b) State the names of the counties proposed to be consolidated. (c) State…
   • § 23554 All qualified electors of each affected county who have been registered electors of the county 30 days prior to the date of the election are entitled to vote…
   • § 23555 Ballots at the election shall contain the words: (a) “For consolidation Yes,” and “For consolidation No.” Each voter shall stamp a cross (+) opposite the words…
   • § 23556 Candidates for elective offices of the consolidated county shall file nomination papers at the same time and in the same manner as candidates for the governing…
   • § 23557 The election shall be governed and controlled by the general election laws of the state so far as applicable, except as otherwise provided in this article.
   • § 23558 If more than one argument for or more than one argument against the proposed consolidation is filed with the clerk of the principal county the clerk shall…
   • § 23559 The elections official of the principal county shall cause a ballot pamphlet concerning the proposed consolidation to be printed and mailed to each qualified…
   • § 23560 The clerk shall also prepare and mail to the qualified electors of each affected county a sample ballot. The sample ballot shall be mailed with and at the same…
   • § 23561 The law relating to the preparation, printing, and distribution of sample ballots and primary elections does not apply to any election held pursuant to this…
   • § 23562 Except as otherwise provided by this article, the election shall be conducted as other elections in the principal county.
   • § 23563 The board of each affected county shall appoint as election officers three representatives who reside in the affected county represented.
   • § 23564 Immediately on the closing of the polls the election officers shall, in connection with the affected county they represent: (a) Canvass the ballots. (b) Make…
   • § 23565 The clerk of each affected county shall upon the completion of a canvass of the vote, in the county the clerk represents, forward to the board of that affected…
   • § 23566 All costs of the election on county consolidation shall be borne by the consolidated county if the county consolidation is effected. If the county…
5. ARTICLE 5. Establishment of Consolidated Counties §§ 23567–23580 · 14 sections

   • § 23567 If upon a canvass of the total votes cast in all the affected counties at the election, it appears that within each affected county, more than 50 percent of…
   • § 23568 The clerk of the principal county shall immediately make out and deliver to each person elected a certificate of election, authenticated by his signature and…
   • § 23569 All the officers elected at the election shall hold their offices until the time provided by general law for the election and qualification of such officers,…
   • § 23570 The board of supervisors of the principal county shall cause a copy of the resolution adopted pursuant to Section 23566 to be filed with the State Board of…
   • § 23571 When the consolidated county is deemed legally established, the affected counties are dissolved and if any of the affected counties has a charter, it is deemed…
   • § 23572 Any county created by the consolidation of counties pursuant to this chapter is the successor of the affected counties.
   • § 23572.5 The maximum tax rate for the consolidated county shall be determined in accordance with Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the…
   • § 23573 The affected counties shall continue to provide necessary service from the date of establishing the consolidated county until service responsibilities and…
   • § 23574 Notwithstanding any other provision of law no special district which is organized within any affected county and governed by the board of supervisors thereof,…
   • § 23575 After the establishment of the consolidated county its officers shall proceed to complete all proceedings necessary for the assessment or collection of the…
   • § 23576 The officers of each affected county shall immediately execute and deliver to the board of supervisors of the consolidated county copies of all assessments or…
   • § 23577 The superior court of the principal county shall become the superior court of the consolidated county.
   • § 23578 On or after the date the consolidated county is established, the superior court in the affected counties shall retain jurisdiction in all cases pending in a…
   • § 23580 Except as otherwise provided in this chapter, consolidation does not affect any debts, demands, liabilities, or obligations of any kind existing in favor of or…