Government Code — Part 72 | GOV — United States — California law | Esheria

Government Code

Part 72 of 107 · provisions 14,201–14,400

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

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  1. 56885.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The commission may authorize a legislative body to continue a hearing to later dates beyond those otherwise specified.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56885. The commission may, at any time, authorize any legislative body holding a hearing pursuant to this division, to continue the hearing to a date or dates extending beyond the dates specified in this division. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  2. 56885.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    A commission may condition approval of a change of organization or reorganization on listed factors, may pause further action for up to six months, and may control election timing and ballot format.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56885.5. (a) In any commission order giving approval to any change of organization or reorganization, the commission may make that approval conditional upon any of the following factors: (1) Any of the conditions set forth in Section 56886. (2) The initiation, conduct, or completion of proceedings for another change of organization or a reorganization. (3) The approval or disapproval, with or without election, as may be provided by this division, of any resolution or ordinance ordering that change of organization or reorganization. (4) With respect to any commission determination to approve the disincorporation of a city, the dissolution of a district, or the reorganization or consolidation of agencies that results in the dissolution of one or more districts or the disincorporation of one or more cities, a condition that prohibits a district that is being dissolved or a city that is being disincorporated from taking any of the following actions, unless it first finds that either an emergency situation exists as defined in Section 54956.5, or the legislative body of the successor, as designated by the commission has taken action approving one or more of the following actions: (A) Approving any increase in compensation or benefits for members of the governing board, its officers, or the executive officer of the agency. (B) Appropriating, encumbering, expending, or otherwise obligating, any revenue of the agency beyond that provided in the current budget at the time the commission approves the dissolution or disincorporation. (b) If the commission so conditions its approval, the commission may order that any further action pursuant to this division be continued and held in abeyance for the period of time designated by the commission, not to exceed six months from the date of that conditional approval. (c) The commission order may also provide that any election called upon any change of organization or reorganization shall be called, held, and conducted before, upon the same date as, or after the date of any election to be called, held, and conducted upon any other change of organization or reorganization. (d) The commission order may also provide that in any election at which the questions of annexation and district reorganization or, incorporation and district reorganization, or disincorporation and district reorganization are to be considered at the same time, there shall be a single question appearing on the ballot upon the issues of annexation and district reorganization or incorporation and district reorganization. (Amended by Stats. 2015, Ch. 304, Sec. 10. (AB 851) Effective January 1, 2016.)
  3. 56886.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    A change of organization or reorganization may include listed terms and conditions, but those terms cannot directly regulate land use, property development, or subdivision requirements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886. Any change of organization or reorganization may provide for, or be made subject to one or more of, the following terms and conditions. If a change of organization or reorganization is made subject to one or more of the following terms and conditions in the commission’s resolution making determinations, the terms and conditions imposed shall prevail in the event of a conflict between a specific term and condition authorized pursuant to this section and any of the general provisions of Part 5 (commencing with Section 57300). However, none of the following terms and conditions shall directly regulate land use, property development, or subdivision requirements: (a) The payment of a fixed or determinable amount of money, either as a lump sum or in installments, for the acquisition, transfer, use, or right of use of all or any part of the existing property, real or personal, of any city, county, or district. (b) The levying or fixing and the collection of any of the following, for the purpose of providing for any payment required pursuant to subdivision (a): (1) Special, extraordinary, or additional taxes or assessments. (2) Special, extraordinary, or additional service charges, rentals, or rates. (3) Both taxes or assessments and service charges, rentals, or rates. (c) The imposition, exemption, transfer, division, or apportionment, as among any affected cities, affected counties, affected districts, and affected territory of liability for payment of all or any part of principal, interest, and any other amounts which shall become due on account of all or any part of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of any city, county, district, or any improvement district within a local agency, and the levying or fixing and the collection of any (1) taxes or assessments, or (2) service charges, rentals, or rates, or (3) both taxes or assessments and service charges, rentals, or rates, in the same manner as provided in the original authorization of the bonds and in the amount necessary to provide for that payment. (d) If, as a result of any term or condition made pursuant to subdivision (c), the liability of any affected city, affected county, or affected district for payment of the principal of any bonded indebtedness is increased or decreased, the term and condition may specify the amount, if any, of that increase or decrease which shall be included in, or excluded from, the outstanding bonded indebtedness of that entity for the purpose of the application of any statute or charter provision imposing a limitation upon the principal amount of outstanding bonded indebtedness of the entity. (e) The formation of a new improvement district or districts or the annexation or detachment of territory to, or from, any existing improvement district or districts. (f) The incurring of new indebtedness or liability by, or on behalf of, all or any part of any local agency, including territory being annexed to any local agency, or of any existing or proposed new improvement district within that local agency. The new indebtedness may be the obligation solely of territory to be annexed if the local agency has the authority to establish zones for incurring indebtedness. The indebtedness or liability shall be incurred substantially in accordance with the laws otherwise applicable to the local agency. (g) The issuance and sale of any bonds, including authorized but unissued bonds of a local agency, either by that local agency or by a local agency designated as the successor to any local agency which is extinguished as a result of any change of organization or reorganization. (h) The acquisition, improvement, disposition, sale, transfer, or division of any property, real or personal. (i) The disposition, transfer, or division of any moneys or funds, including cash on hand and moneys due but uncollected, and any other obligations. (j) The fixing and establishment of priorities of use, or right of use, of water, or capacity rights in any public improvements or facilities or any other property, real or personal. However, none of the terms and conditions ordered pursuant to this subdivision shall modify priorities of use, or right of use, to water, or capacity rights in any public improvements or facilities that have been fixed and established by a court or an order of the State Water Resources Control Board. (k) The establishment, continuation, or termination of any office, department, or board, or the transfer, combining, consolidation, or separation of any offices, departments, or boards, or any of the functions of those offices, departments, or boards, if, and to the extent that, any of those matters is authorized by the principal act. (l) The employment, transfer, or discharge of employees, the continuation, modification, or termination of existing employment contracts, civil service rights, seniority rights, retirement rights, and other employee benefits and rights. (m) The designation of a city, county, or district, as the successor to any local agency that is extinguished as a result of any change of organization or reorganization, for the purpose of succeeding to all of the rights, duties, and obligations of the extinguished local agency with respect to enforcement, performance, or payment of any outstanding bonds, including revenue bonds, or other contracts and obligations of the extinguished local agency. (n) The designation of (1) the method for the selection of members of the legislative body of a district or (2) the number of those members, or (3) both, where the proceedings are for a consolidation, or a reorganization providing for a consolidation or formation of a new district and the principal act provides for alternative methods of that selection or for varying numbers of those members, or both. (o) The initiation, conduct, or completion of proceedings on a proposal made under, and pursuant to, this division. (p) The fixing of the effective date or dates of any change of organization, subject to the limitations of Section 57202. (q) Any terms and conditions authorized or required by the principal act with respect to any change of organization. (r) The continuation or provision of any service provided at that time, or previously authorized to be provided by an official act of the local agency. (s) The levying of either of the following: (1) Assessments or fees, including the imposition of a fee pursuant to Section 50029 or 66484.3. For the purposes of this section, imposition of a fee as a condition of the issuance of a building permit does not constitute direct regulation of land use, property development, or subdivision requirements. (2) General or special taxes subject to approval by the voters. (t) The extension or continuation of any previously authorized charge, fee, assessment, or tax by the local agency or a successor local agency in the affected territory. (u) The transfer of authority and responsibility among any affected cities, affected counties, and affected districts for the administration of special tax and special assessment districts, including, but not limited to, the levying and collecting of special taxes and special assessments, including the determination of the annual special tax rate within authorized limits; the management of redemption, reserve, special reserve, and construction funds; the issuance of bonds which are authorized but not yet issued at the time of the transfer, including not yet issued portions or phases of bonds which are authorized; supervision of construction paid for with bond or special tax or assessment proceeds; administration of agreements to acquire public facilities and reimburse advances made to the district; and all other rights and responsibilities with respect to the levies, bonds, funds, and use of proceeds that would have applied to the local agency that created the special tax or special assessment district. (v) Any other matters necessary or incidental to any of the terms and conditions specified in this section. If a change of organization, reorganization, or special reorganization provides for, or is made subject to one or more of, the terms and conditions specified in this section, those terms and conditions shall be deemed to be the exclusive terms and conditions for the change of organization, reorganization, or special reorganization, and shall control over any general provisions of Part 5 (commencing with Section 57300). (Amended by Stats. 2015, Ch. 304, Sec. 11. (AB 851) Effective January 1, 2016.)
  4. 56886.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    Any applicable change-of-organization or reorganization terms must give public utilities 90 days after the certificate of completion is recorded to make needed customer-account changes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886.1. When applicable, the terms and conditions of any change of organization or reorganization shall provide public utilities, as defined in Section 216 of the Public Utilities Code, 90 days following the recording of the certificate of completion to make the necessary changes to impacted utility customer accounts. (Added by Stats. 2001, Ch. 388, Sec. 21. Effective January 1, 2002.)
  5. 56886.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    When a change of organization involves an improvement district, the commission must exclude lands that do not fit the benefit test or that should remain in the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886.3. If the terms and conditions of any change of organization provide for the formation of a new improvement district, or the annexation or detachment of territory to, or from, an existing improvement district, the commission shall do all of the following: (a) Exclude any lands proposed to be formed into, or to be annexed to, the improvement district which the commission finds will not be benefited by becoming a part of the improvement district. (b) Exclude any lands proposed to be detached from an improvement district which the commission finds will be benefited by remaining a part of the improvement district. (Added by renumbering Section 57053 by Stats. 2000, Ch. 761, Sec. 226. Effective January 1, 2001.)
  6. 56886.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    If a proposal involves forming or incorporating local agencies, the commission must evaluate service efficiency and may consider reorganization or forming a new district when needed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886.5. (a) If a proposal includes the formation of a district or the incorporation of a city, the commission shall determine whether existing agencies can feasibly provide the needed service or services in a more efficient and accountable manner. If a new single-purpose local agency is deemed necessary, the commission shall consider reorganization with other single-purpose local agencies that provide related services. (b) If a proposal includes the consolidation of two or more special districts not formed pursuant to the same principal act, the commission shall determine whether any service provided at that time could be discontinued due to a lack of authority under the principal act of the successor. If a new single-purpose local agency is deemed necessary to provide the needed service or services, the commission shall consider the formation of a new district that is authorized to provide the service or services. (Amended (as amended by Stats. 2004, Ch. 471, Sec. 4) by Stats. 2007, Ch. 98, Sec. 7. Effective January 1, 2008.)
  7. 56886.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The commission may not impose a service-condition for an annexing city unless the area is within the city’s adopted sphere of influence, or the condition mitigates effects directly caused by the annexation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886.6. The commission shall not impose a condition for the provision of services by the annexing city to an area which has not been placed within that city’s adopted sphere of influence, as defined in Section 56076, unless that condition would mitigate effects which are a direct result of the annexation. In the case of any annexation proposal for which a certificate of completion was not recorded prior to January 1, 1985, a condition imposed thereon which does not comply with the requirements of this section is null and void and shall not affect the validity of or terminate the annexation proceedings. (Added by renumbering Section 56376 by Stats. 2011, Ch. 300, Sec. 66. (AB 1430) Effective January 1, 2012.)
  8. 56886.7.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    The commission must not impose certain conditions on an annexing local agency, including maintenance-related conditions for existing streets or roads and requirements to improve public facilities the agency does not own.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56886.7. (a) The commission shall not impose any condition on an annexing local agency with respect to the standards or frequency of maintenance of any existing street or road within the annexed territory. (b) The commission shall not impose a condition which requires a local agency to improve an existing public facility which is not owned by the agency. (c) This section shall not be construed as authorizing a commission to impose any conditions which it is not otherwise authorized to impose. (Added by renumbering Section 56376.5 by Stats. 2011, Ch. 300, Sec. 67. (AB 1430) Effective January 1, 2012.)
  9. 56887.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

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    A local agency formation commission may conditionally approve a change of organization or reorganization if the California Coastal Commission certifies an amendment to the local coastal program of a city or county.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56887. Any change of organization or reorganization may be conditionally approved by a local agency formation commission subject to the certification by the California Coastal Commission of an amendment to the local coastal program of a city or a county. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  10. 56887.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    Certain terms and conditions may be applied to a city or county, but a city or county must not incur or assume election-required debt or liability except as allowed by the California Constitution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56887.5. If any change of organization or reorganization pertains to city or district territory which is located, in whole or in part, within the boundaries of any city or county, any terms and conditions authorized by Section 56886 may be made applicable to that city or county. However, no indebtedness or liability which is subject to the requirement of an election, under the provisions of Section 18 of Article XVI of the California Constitution, shall be incurred or assumed by any city or county, except as provided in Section 18 of Article XVI of the California Constitution. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  11. 56889.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    If a commission approval would annex Williamson Act land to a city, and the city is to succeed to the contract, the commission must add a condition requiring the city to adopt the Williamson Act rules and procedures.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56889. If any commission order approving or conditionally approving a change of organization or reorganization would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), for which the commission has determined pursuant to Section 56754 that the city shall succeed to the contract, the commission shall impose a condition that requires the city to adopt the rules and procedures required by the Williamson Act, including but not limited to the rules and procedures required by Sections 51231, 51237, and 51237.5. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  12. 56890.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    Terms and conditions authorized by Section 56886 may be applied to all or part of specified cities, districts, improvement districts, or annexed/detached territory within the local agency.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 2. Terms and Conditions [56885 - 56890] ( Article 2 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56890. Any of the terms and conditions authorized by Section 56886 may be made applicable to all or any part of any city or district or any improvement district within that local agency or any territory annexed to, or detached from, any city or district or improvement district within that local agency. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  13. 56895.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 3. Reconsideration [56895- 56895.] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    This section lets a person or affected agency ask the executive officer to amend or reconsider a commission resolution, but the request must be filed within 30 days.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 3. Reconsideration [56895- 56895.] ( Article 3 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56895. (a) When a commission has adopted a resolution making determinations, any person or affected agency may file a written request with the executive officer requesting amendments to or reconsideration of the resolution. The request shall state the specific modification to the resolution being requested and shall state what new or different facts that could not have been presented previously are claimed to warrant the reconsideration. If the request is filed by a school district that received notification pursuant to Section 56658, the commission shall consider that request at a public hearing. (b) Notwithstanding Section 56106, the deadlines set by this section are mandatory. The person or agency shall file the written request within 30 days of the adoption of the initial or superseding resolution by the commission making determinations. If no person or agency files a timely request, the commission shall not take any action pursuant to this section. (c) Upon receipt of a timely request, the executive officer shall not take any further action until the commission acts on the request. (d) Upon receipt of a timely request by the executive officer, the time to file any action, including, but not limited to, an action pursuant to Section 21167 of the Public Resources Code and any provisions of Part 4 (commencing with Section 57000) governing the time within which the commission is to act shall be tolled for the time that the commission takes to act on the request. (e) The executive officer shall place the request on the agenda of the next meeting of the commission for which notice can be given pursuant to this subdivision. The executive officer shall give notice of the consideration of the request by the commission in the same manner as for the original proposal. The executive officer may give notice in any other manner as he or she deems necessary or desirable. (f) At that meeting, the commission shall consider the request and receive any oral or written testimony. The consideration may be continued from time to time but not to exceed 35 days from the date specified in the notice. The person or agency that filed the request may withdraw it at any time prior to the conclusion of the consideration by the commission. (g) At the conclusion of its consideration, the commission may approve with or without amendment, wholly, partially, or conditionally, or disapprove the request. If the commission disapproves the request, it shall not adopt a new resolution making determinations. If the commission approves the request, with or without amendment, wholly, partially, or conditionally, the commission shall adopt a resolution making determinations that shall supersede the resolution previously issued. (h) The determinations of the commission shall be final and conclusive. No person or agency shall make any further request for the same change or a substantially similar change, as determined by the commission. (i) Notwithstanding subdivision (h), clerical errors or mistakes may be corrected pursuant to Section 56883. (Amended by Stats. 2011, Ch. 300, Sec. 74. (AB 1430) Effective January 1, 2012.)
  14. 56897.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 4. Amendment [56897 - 56898] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    If the commission approves an addition, deletion, amendment, or revision to its determinations resolution under Section 56895, later proceedings must follow that changed resolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 4. Amendment [56897 - 56898] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56897. If pursuant to Section 56895, the commission approves any addition, deletion, amendment, or revision of its resolution making determinations, further proceedings for the change of organization or reorganization shall be taken in compliance with that addition, deletion, amendment, or revision. Any provision of this division requiring compliance with the resolution adopted by the commission making determinations shall be deemed to include any addition, deletion, amendment, or revision made to that resolution. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  15. 56898.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 4. Amendment [56897 - 56898] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 211. )

    Verify source ↗

    The commission may adopt a regulation to set a procedure for approving or modifying the executive officer’s impartial ballot proposition analysis.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION [56650 - 56898] ( Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8. ) ## CHAPTER 6. Commission Decision [56880 - 56898] ( Chapter 6 added by Stats. 2000, Ch. 761, Sec. 211. ) ## ARTICLE 4. Amendment [56897 - 56898] ( Article 4 added by Stats. 2000, Ch. 761, Sec. 211. ) ## 56898. Whenever the executive officer is required by law to prepare an impartial analysis of a ballot proposition for approval by the commission, the commission may, by regulation, provide a procedure for approval or modification of the executive officer’s analysis. In any event, the analysis shall be prepared and submitted to the commission in sufficient time for the commission to consider and approve or modify the analysis, and submit the analysis to the officials conducting the election not later than the last day for submission of rebuttal arguments. The impartial analysis submitted by the commission shall not exceed 500 words in length and shall include a general description of the affected territory. (Added by Stats. 2000, Ch. 761, Sec. 211. Effective January 1, 2001.)
  16. 5700.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. )

    Verify source ↗

    This section defines which debt instruments count as “bonds” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. ) ## 5700. “Bonds” as used in this chapter means (a) any bonds or other evidences of indebtedness issued after the effective date of this chapter by the state or any state department, board, agency or authority or (b) any bonds or other evidences of indebtedness issued by any joint powers agency created under Chapter 5 (commencing with Section 6500) of Division 7 that are payable from payments made with respect to a lease or sale of property to or from the state or any state department, board, agency, or authority. For purposes of this chapter, “evidence of indebtedness” includes, but is not limited to, certificates of participation or interests in any rental or lease payments or installment purchase payments, in an aggregate principal amount exceeding $10,000,000, to be made by the state or any state department, board, agency, or authority with respect to buildings or other capital improvements. (Amended by Stats. 1984, Ch. 1743, Sec. 1. Effective September 30, 1984.)
  17. 57000.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section directs how protest proceedings and election-related steps must be handled for certain local government reorganization matters.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57000. (a) After adoption of a resolution making determinations by the commission pursuant to Part 3 (commencing with Section 56650), protest proceedings for a change of organization or reorganization not described in Section 57077 shall be taken pursuant to this part. (b) If a proposal is approved by the commission, with or without amendment, wholly, partially, or conditionally, the commission shall conduct proceedings in accordance with this part. The proceedings shall be conducted and completed pursuant to those provisions that are applicable to the proposal and the territory contained in the proposal as it is approved by the commission. If the commission approves the proposal with modifications or conditions, proceedings shall be conducted and completed in compliance with those modifications or conditions. (c) Any reference in this part to the commission also means the executive officer for any function that the executive officer will perform pursuant to a delegation of authority from the commission. (d) When the commission makes a determination pursuant to this division that will require an election to be conducted, it shall inform the board of supervisors and the elections official of the affected county, or the city council and the elections official of the affected city of that determination and request the board or the city council to direct the elections official to conduct the necessary election. (e) (1) When a board of supervisors or a city council is informed by the commission that a determination has been made that requires an election, it shall, within 45 days of receipt of the notification, direct the elections official to conduct the necessary election. The board or council shall do all of the following: (A) Call, provide for, and give notice of a special election or elections upon that question. (B) Fix a date of election. (C) Direct the elections official to designate precincts and polling places and to take any other action necessary to call, provide for, and give notice of the special election or elections and to provide for the conduct and the canvass of returns of the election, as determined by the commission. (2) If, within 45 days of receipt of the notification, the board of supervisors or the city council fails to direct the elections official to conduct the election pursuant to paragraph (1), the elections official shall place the item on the ballot at the next established election date occurring at least 88 days after the date of the notification to the elections official. (3) The 45-day requirement established by this subdivision shall not apply to any application filed with a commission prior to January 1, 2011. (f) Any provision in this part that requires that an election be called, held, provided for, or conducted shall mean that the procedures specified in subdivisions (d) and (e) shall be followed. (Amended by Stats. 2010, Ch. 35, Sec. 1. (AB 419) Effective January 1, 2011.)
  18. 57001.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A certificate of completion must be filed within one year after commission approval, unless the commission extends the time; a court injunction pauses the one-year period.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57001. If a certificate of completion for a change of organization or reorganization has not been filed within one year after the commission approves a proposal for that proceeding, the proceeding shall be deemed terminated unless prior to the expiration of that year the commission authorizes an extension of time for that completion. The extension may be for any period deemed reasonable to the commission for completion of necessary prerequisite actions by any party. If a proceeding has not been completed because of the order or decree of a court of competent jurisdiction temporarily enjoining or restraining the proceedings, this shall not be deemed a failure of completion and the one-year period shall be tolled for the time that order or decree is in effect. (Amended by Stats. 2011, Ch. 300, Sec. 75. (AB 1430) Effective January 1, 2012.)
  19. 57002.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission’s executive officer must set a hearing and give notice within 35 days after the commission’s resolution, and the hearing must be scheduled within the stated time windows.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57002. (a) Within 35 days following the adoption of the commission’s resolution making determinations, the executive officer of the commission shall set the proposal for hearing and give notice of that hearing by mailing, publication, and posting, as provided in Section 57025. The hearing shall not be held prior to the expiration of the reconsideration period specified in subdivision (b) of Section 56895. The date of that hearing shall not be less than 21 days, or more than 60 days, after the date the notice is given. (b) Where the proceeding is for the establishment of a district as a subsidiary district of a city, upon the request of the affected district, the date of the hearing shall be at least 90 days, but no more than 135 days, from the date the notice is given. (c) Where the proceeding is for the dissolution of a district initiated by the commission pursuant to Section 56375.1, the date of the hearing shall be at least 60 days, but no more than 90 days, from the date the notice is given. (d) If authorized by the commission pursuant to Section 56662 or 56663, a change of organization or reorganization may be approved without notice, hearing, and election. (Amended by Stats. 2025, Ch. 242, Sec. 9. (SB 858) Effective January 1, 2026.)
  20. 57003.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After notice is given, the commission must not act on a conflicting petition or resolution of application about the described territory until the proceedings end or are terminated.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57003. Once notice is given by the executive officer of the commission pursuant to this chapter, and until proceedings are completed or terminated pursuant to this part, no conflicting petition or resolution of application seeking the change of organization or reorganization of all or part of the territory described by the notice given by the executive officer shall be filed with, or acted on, by the commission. (Amended by Stats. 2000, Ch. 761, Sec. 215. Effective January 1, 2001.)
  21. 57007.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must conduct district formation protest proceedings and apply this division’s procedures, which prevail if they conflict with the district’s principal act.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57007. Protest proceedings for a district formation shall be conducted by the commission as the conducting authority, and the procedural requirements of this division shall apply and shall prevail in the event of a conflict with the procedural requirements of the principal act of the district proposed to be formed. In the event of a conflict, the commission shall specify the procedural requirements that apply, consistent with the requirements of Section 56100. (Amended by Stats. 2002, Ch. 548, Sec. 27. Effective January 1, 2003.)
  22. 57008.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If the commission initiates a proposal under Section 56375(a), it must hold a public protest hearing in the affected territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57008. For any proposal initiated by the commission pursuant to subdivision (a) of Section 56375, the commission shall hold a public protest hearing in the affected territory. (Amended by Stats. 2000, Ch. 761, Sec. 220. Effective January 1, 2001.)
  23. 57009.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Political-purpose expenditures and related contributions for certain organization or reorganization proceedings must be disclosed and reported under Section 56100.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57000 - 57009] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57009. Expenditures for political purposes related to proceedings for a change of organization or reorganization that will be conducted pursuant to this part, and contributions in support of or in opposition to those proceedings, shall be disclosed and reported pursuant to Section 56100.1. (Amended by Stats. 2009, Ch. 113, Sec. 3. (AB 528) Effective January 1, 2010.)
  24. 5701.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. )

    Verify source ↗

    This chapter applies to every bond, even if another law or the bond’s authorization says otherwise.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. ) ## 5701. The provisions of this chapter apply to every bond regardless of any other provision of law or any provision of the bond’s authorization. (Added by Stats. 1968, Ch. 1025.)
  25. 5702.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. )

    Verify source ↗

    The State Treasurer is the only agent allowed to offer and sell bonds, and bond sales for state departments or agencies must be coordinated with the relevant program.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. ) ## 5702. The State Treasurer shall be the sole agent for offering and selling bonds. In selling bonds on behalf of any department of state government or agency of the state, the State Treasurer shall schedule the sale of such bonds in such a manner that the sale shall be coordinated with the program of such department or agency necessitating the sale of such bonds. (Added by Stats. 1968, Ch. 1025.)
  26. 57025.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Notice of Hearing [57025 - 57026] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer of the commission must give notice of the protest hearing by publication, posting, and mailed notice to specified people and local entities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Notice of Hearing [57025 - 57026] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57025. (a) The executive officer of the commission shall give notice of the protest hearing to be held on the proposal by publication pursuant to Sections 56153 and 56154 and by posting pursuant to Sections 56158 and 56159. (b) The executive officer shall give mailed notice to all landowners owning land within any affected territory, consistent with Sections 56155 to 56157, inclusive. (c) If the affected territory is inhabited, the executive officer shall also give mailed notice to all registered voters residing within any affected territory, consistent with Sections 56155 to 56157, inclusive. (d) The executive officer shall also give mailed notice to each affected city, affected district, or affected county, the proponents, if any, and to persons requesting special notice, consistent with Sections 56155 to 56157, inclusive. (e) In the case of a proposed change of organization or reorganization that would result in the extension of any previously authorized special tax or benefit assessment to the affected territory, the executive officer of the commission shall give mailed notice to each landowner within the affected territory. (Amended by Stats. 2018, Ch. 86, Sec. 12. (AB 3254) Effective January 1, 2019.)
  27. 57026.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Notice of Hearing [57025 - 57026] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A Section 57025 notice must include specified details about the proposal, how the proceedings started, the affected territory, the proposed changes, reasons, hearing details, and any written protest rights.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Notice of Hearing [57025 - 57026] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57026. The notice required to be given by Section 57025 shall contain all of the following information: (a) A statement of the distinctive short form designation assigned by the commission to the proposal. (b) A statement of the manner in which, and by whom, proceedings were initiated. However, a reference to the proponents, if any, shall be sufficient where proceedings were initiated by a petition. (c) A description of the exterior boundaries of the affected territory. (d) A description of the particular change or changes of organization proposed for each of the subject districts or cities and new districts or new cities proposed to be formed, and any terms and conditions to be applicable. The description may include a reference to the commission’s resolution making determinations for a full and complete description of the change of organization or reorganization, and the terms and conditions. (e) A statement of the reason or reasons for the change of organization or reorganization as set forth in the proposal submitted to the commission. (f) A statement of the time, date, and place of the protest hearing on the proposed change of organization or reorganization. (g) If the affected territory is inhabited and the change of organization or reorganization provides for the submission of written protests, a statement that any owner of land within the territory, or any registered voter residing within the territory, may file a written protest against the proposal with the executive officer of the commission at any time prior to the conclusion of the hearing by the commission on the proposal. (h) If the affected territory is uninhabited and the change of organization or reorganization provides for submission of written protests, a statement that any owner of land within the territory may file a written protest against the proposal with the executive officer of the commission at any time prior to the conclusion of the hearing by the commission on the proposal. (Amended by Stats. 2018, Ch. 86, Sec. 13. (AB 3254) Effective January 1, 2019.)
  28. 5703.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. )

    Verify source ↗

    The Treasurer must run a competitive process for selecting underwriters for negotiated bond offerings, keep required cost records, and follow specific exceptions. The State Auditor must audit and review those records and report on implementation. The Treasurer is exempt from APA rulemaking when entering these agreements.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Sale of State Bonds [5700 - 5703] ( Heading of Chapter 9 renumbered from Chapter 8 (as added by Stats. 1968, Ch. 1025) by Stats. 1979, Ch. 373. ) ## 5703. (a) Except as provided in subdivisions (b), (c), and (d), the Treasurer, in exercising the duties of agent for offering and selling bonds, whose duties include, among others, establishing the timing of a sale, preparation or approval of the documentation for the sale, sole authority to select the underwriters for negotiating the sale, and executing the bond purchase agreement on behalf of the state or the state’s agencies, is responsible for developing and implementing a competitive process for selection of underwriters for negotiated offerings of bonds. The competitive process may be conducted on a issue-by-issue basis or to establish one or more pools of underwriters for various types of issues. The competitive process shall have at least all of the following features: (1) Solicitation of written qualifications from at least 20 underwriting firms. (2) Consideration of the goals for minority and women business enterprise participation in professional bond services contracts. (3) The written submissions shall be available for inspection at the office of the Treasurer for a period of at least six months. (4) If a pool of underwriters is established, the competitive process shall be repeated at least every 24 months to reestablish the pool of underwriters. (b) For negotiated offerings of bonds by state financing authorities that act as conduits to provide financing to other public, nonprofit, or private organizations, the Treasurer shall use the competitive process described in subdivision (a) to establish one or more pools of underwriters for each financing authority. The Treasurer may make additions to a pool without competitive solicitation, on a case-by-case determination upon the recommendation of a project applicant, where the Treasurer finds that the underwriter to be added has provided significant services to the project applicant with the expectation of compensation for those services from underwriting the revenue bonds which will fund the applicant’s project. (c) The Treasurer may select underwriters for a negotiated sale of bonds by means other than as described in subdivision (a) if the Treasurer makes a written finding that extraordinary market conditions do not allow enough time to comply with subdivision (a) without risking financial detriment to the state. (d) Subdivisions (a), (b), and (c) shall not apply to the issuance of state bonds for which the Treasurer is precluded by statute from selecting underwriters. (e) For negotiated sales, the Treasurer shall maintain records of all cost information pertinent to the initial offering of all state bonds, except that in the case of bonds issued by a state financing authority, as described in subdivision (b), the issuing state financing authority shall instead be responsible for maintaining the same cost information on bonds it has issued. The information shall include, but not be limited to, all of the following: (1) All amounts paid out of bond proceeds to the underwriter, detailed by management fee, takedown, risk, and underwriter’s expenses. (2) All costs paid out of bond proceeds to rating agencies for rating of the bonds. (3) All fees paid out of bond proceeds to bond counsels, trustees, or financial advisers relating to the initial offering of the bonds. (4) The interest rate to be paid on the bonds. (f) For competitive sales, the Treasurer shall maintain records of all bids submitted and the documentation of bid verifications including the terms of sale and the calculation of net interest cost or true interest cost. (g) The State Auditor shall audit the cost records required to be maintained pursuant to subdivision (e) and conduct a review of the records required to be maintained pursuant to subdivision (f). (h) The State Auditor shall report whether this section is being fully implemented. The State Auditor shall make cost and interest rate comparisons with similar initial bond offerings of other states where possible. The State Auditor shall submit a report to the Legislature on March 1, 1993, and March 1, 1995, for bonds sold during the two calendar years immediately preceding the year in which the report is due. (i) Section 10295 of, and Article 4 (commencing with Section 10335) and Article 5 (commencing with Section 10355) of Chapter 2 of Part 2 of Division 2 of, the Public Contract Code are not applicable to agreements entered into by the Treasurer in connection with the sale of any evidence of indebtedness. (j) The Treasurer is exempt from the rulemaking procedures and requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) when entering into agreements in connection with the sale or administration of any evidence of indebtedness, including the establishment of pools of eligible contractors, pursuant to this chapter. (Amended by Stats. 2018, Ch. 931, Sec. 1. (SB 1509) Effective January 1, 2019.)
  29. 57050.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must hold the protest hearing on the scheduled date and time, may continue it within limits, and must hear protests, objections, and evidence.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57050. (a) The protest hearing on the proposal shall be held by the commission on the date and at the time specified in the notice given by the executive officer. The hearing may be continued from time to time but not to exceed 60 days from the date specified for the hearing in the notice. The hearing on a proposal that includes an incorporation may be continued from time to time but not to exceed 35 days from the date specified for the hearing in the notice. (b) At the protest hearing, prior to consideration of protests, the commission’s resolution making determinations shall be summarized. At that hearing, the commission shall hear and receive any oral or written protests, objections, or evidence that is made, presented, or filed. Any person who has filed a written protest may withdraw that protest at any time prior to the conclusion of the hearing. (Amended by Stats. 2001, Ch. 530, Sec. 8. Effective January 1, 2002.)
  30. 57051.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Certain landowners and registered voters may file a written protest before the protest hearing ends; the protest must identify who is filing, include required petition information, and show the date of each signature.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57051. At any time prior to the conclusion of the protest hearing in the notice given by the executive officer, but not thereafter, any owner of land or any registered voter within inhabited territory that is the subject of a proposed change of organization or reorganization, or any owner of land within uninhabited territory that is the subject of a proposed change of organization or reorganization, may file a written protest against the change of organization or reorganization. Each written protest shall state whether it is made by a landowner or registered voter and shall include the same information that is required in a petition for a change of organization or reorganization, as specified in Section 56704. Protests may be made on behalf of an owner of land by an agent authorized in writing by the owner to act as agent with respect to that land. Protests may be made on behalf of a private corporation which is an owner of land by any officer or employee of the corporation without written authorization by the corporation to act as agent in making that protest. Each written protest shall show the date that each signature was affixed to the protest. All signatures without a date or bearing a date prior to the date of publication of the notice shall be disregarded for purposes of ascertaining the value of any written protests. (Amended by Stats. 2009, Ch. 155, Sec. 4. (AB 1582) Effective January 1, 2010.)
  31. 57052.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After the protest hearing ends, the commission must determine the value of written protests that were filed and not withdrawn.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Conduct of Hearing [57050 - 57052] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57052. Upon conclusion of the protest hearing, the commission shall determine the value of written protests filed and not withdrawn. The value of written protests shall be determined in the same manner prescribed in Sections 56704, 56707, 56708, and 56710 for determining the sufficiency of petitions filed with the commission. (Amended by Stats. 2009, Ch. 155, Sec. 5. (AB 1582) Effective January 1, 2010.)
  32. 57075.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a reorganization consists only of certain annexation, detachment, service, or service-divestiture proposals, the commission must act within 30 days after the hearing ends and make a finding about written protests.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57075. Where a change of organization or reorganization consists solely of annexations, detachments, the exercise of new or different functions or class of services or the divestiture of the power to provide particular functions or class of services within all or part of the jurisdictional boundaries of a special district, or any combination of those proposals, the commission, not more than 30 days after the conclusion of the hearing, shall make a finding regarding the value of written protests filed and not withdrawn, and take the action set forth in either subdivision (a) of Section 57091, in the case of registered voter districts or cities, or subdivision (b) of Section 57091, in the case of landowner-voter districts. (Amended by Stats. 2022, Ch. 89, Sec. 5. (SB 938) Effective January 1, 2023.)
  33. 57077.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    For certain city incorporations, disincorporations, or consolidations, the commission must order the change subject to voter confirmation, and no protest proceeding may be held.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077. If a change of organization consists of an incorporation, disincorporation, or consolidation of two or more cities, or if a reorganization includes an incorporation, disincorporation, or consolidation of two or more cities, the commission shall order the change of organization or reorganization subject to confirmation of the voters. A protest proceeding shall not be conducted. (Amended by Stats. 2019, Ch. 20, Sec. 5. (AB 1822) Effective January 1, 2020.)
  34. 57077.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must order a dissolution, with or without voter confirmation, depending on how the proposal was initiated and whether protest requirements are met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.1. (a) If a change of organization consists of a dissolution, the commission shall order the dissolution without confirmation of the voters, except if the proposal meets the requirements of subdivision (b), the commission shall order the dissolution subject to confirmation of the voters. (b) The commission shall order the dissolution subject to the confirmation of the voters as follows: (1) If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet the applicable protest thresholds set forth in Section 57092. (2) If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted that meet the applicable protest thresholds set forth in Section 57093. (3) Except as provided in paragraph (4), if the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57094. (4) If the proposal was initiated by the commission pursuant to Section 56375.1, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57093. (c) Notwithstanding subdivisions (a) and (b) and Sections 57102 and 57103, if a change of organization consists of the dissolution of a district that is consistent with a prior action of the commission pursuant to Section 56378, 56425, or 56430, the commission may do either of the following: (1) If the dissolution is initiated by the district board, immediately approve and order the dissolution without an election or protest proceedings pursuant to this part. (2) If the dissolution is initiated by an affected local agency, by the commission pursuant to Section 56375, or by petition pursuant to Section 56650, order the dissolution after holding at least one noticed public hearing, and after conducting protest proceedings in accordance with this part. Notwithstanding any other law, the commission shall terminate proceedings if a majority protest exists in accordance with Section 57078. If a majority protest is not found, the commission shall order the dissolution without an election. (Amended by Stats. 2022, Ch. 89, Sec. 7. (SB 938) Effective January 1, 2023.)
  35. 57077.2.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must order consolidation of two or more districts, normally without voter confirmation, unless subdivision (b) applies.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.2. (a) If the change of organization consists of a consolidation of two or more districts, the commission shall order the consolidation without confirmation by the voters, except that if the proposal meets the requirements of subdivision (b), the commission shall order the consolidation subject to confirmation of the voters. (b) The commission shall order the consolidation subject to the confirmation of the voters as follows: (1) If the commission has approved a proposal submitted by resolution of a majority of the members of the legislative bodies of two or more local agencies pursuant to Section 56853, and the commission has found that protests meet the applicable protest thresholds set forth in Section 57092. (2) If the commission has approved a proposal not initiated by the commission and if a subject agency has not objected by resolution to the proposal, written protests have been submitted that meet the applicable protest thresholds set forth in Section 57092. (3) If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted that meet one of the protest thresholds set forth in Section 57093. (4) If the commission has approved a proposal initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57077.6. (Amended by Stats. 2022, Ch. 89, Sec. 8. (SB 938) Effective January 1, 2023.)
  36. 57077.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must order certain reorganizations, and in some cases must do so only if the voters confirm them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.3. (a) If a proposal consists of a reorganization not described in Section 57075, 57077, 57077.4, or 57111, the commission shall order the reorganization without confirmation by the voters except that if the reorganization meets the requirements of subdivision (b), the commission shall order the reorganization subject to confirmation of the voters. (b) The commission shall order the reorganization subject to confirmation of the voters as follows: (1) If the commission has approved a proposal submitted by resolution of a majority of the members of the legislative bodies of two or more local agencies pursuant to Section 56853, and the commission has found that protests meet the applicable protest thresholds set forth in Section 57092. (2) If the commission has approved a proposal not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, a written protest has been submitted that meets the applicable protest thresholds set forth in Section 57092. (3) If the commission has approved a proposal not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted that meet one of the protest thresholds set forth in Section 57093. (4) If the commission has approved a proposal initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57077.6. (Amended by Stats. 2022, Ch. 89, Sec. 9. (SB 938) Effective January 1, 2023.)
  37. 57077.4.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must order certain reorganizations either without voter confirmation or subject to voter confirmation, depending on the type of reorganization and any protests submitted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.4. (a) If a reorganization consists of the dissolution of one or more districts and the annexation of all or substantially all the territory to another district not initiated pursuant to Section 56853 or by the commission pursuant to Section 56375, the commission shall order the reorganization without confirmation by the voters except that if the reorganization meets the requirements of subdivision (b) or (c), the commission shall order the reorganization subject to confirmation by the voters. (b) The commission shall order the reorganization subject to confirmation by the voters, if written protests have been submitted that meet the applicable protest thresholds set forth in Section 57093. (c) The commission shall order the reorganization subject to confirmation by the voters if the reorganization has been initiated by the commission pursuant to Section 56375 and protests have been submitted that meet the requirements of Section 57077.6. (Amended by Stats. 2022, Ch. 89, Sec. 10. (SB 938) Effective January 1, 2023.)
  38. 57077.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The commission must approve certain mergers or subsidiary district establishments without an election, unless voter confirmation is required under specified protest conditions or the subject city does not consent.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.5. (a) In any resolution ordering a merger or establishment of a subsidiary district, the commission shall approve the change of organization without an election except that if the change of organization meets the requirements of subdivision (b), the commission shall order the change of organization subject to confirmation of the voters. (b) The commission shall order the change of organization subject to confirmation of the voters within any subject agency as follows: (1) If the proposal was not initiated by the commission, and if a subject agency has not objected by resolution to the proposal, the commission has found that protests meet the applicable protest thresholds set forth in Section 57092. (2) If the proposal was not initiated by the commission, and if a subject agency has objected by resolution to the proposal, written protests have been submitted that meet the applicable protest thresholds set forth in Section 57093. (3) If the proposal was initiated by the commission, and regardless of whether a subject agency has objected to the proposal by resolution, written protests have been submitted that meet the requirements of Section 57077.6. (c) Notwithstanding subdivision (a) or (b), the commission shall not order the merger or establishment of a subsidiary district without the consent of the subject city. (Added by Stats. 2022, Ch. 89, Sec. 11. (SB 938) Effective January 1, 2023.)
  39. 57077.6.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If the commission initiates certain reorganization proposals and enough written protests are submitted, it must forward the matter for voter confirmation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57077.6. Notwithstanding Section 57102, 57108, or 57111, both of the following shall apply: (a) For any proposal that was initiated by the commission pursuant to Section 56375.1, the commission shall forward the change of organization or reorganization for confirmation by the voters if the commission finds written protests have been submitted that meet the applicable protest thresholds set forth in Section 57093. (b) For any proposal that was initiated by the commission pursuant to subparagraphs (A) through (G), inclusive, of paragraph (2) of subdivision (a) of Section 56375, the commission shall forward the change of organization or reorganization for confirmation by the voters if the commission finds written protests have been submitted that meet the applicable protest thresholds set forth in Section 57094. (Added by Stats. 2022, Ch. 89, Sec. 12. (SB 938) Effective January 1, 2023.)
  40. 57078.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A proposed reorganization or change of organization must be terminated if the commission finds a majority protest based on the specified protest thresholds.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57078. In the case of any reorganization or change of organization, a majority protest shall be deemed to exist and the proposed change of organization or reorganization shall be terminated if the commission finds that written protests filed and not withdrawn prior to the conclusion of the hearing represent any of the following: (a) In the case of uninhabited territory, landowners owning 50 percent or more of the assessed value of the land within the territory. (b) In the case of inhabited territory, 50 percent or more of the voters residing in the territory. (c) In the case of a landowner-voter district, 50 percent or more of the voting power of the voters entitled to vote as a result of owning land within the district. (Amended by Stats. 2011, Ch. 300, Sec. 77. (AB 1430) Effective January 1, 2012.)
  41. 57078.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Certain protests against a proposed city annexation must be counted separately for each community when the affected territory is noncontiguous and includes multiple communities with more than 250 registered voters in one community.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57078.5. If the affected territory with respect to a proposed annexation to a city consists of (a) territories that are not contiguous to one another and (b) two or more distinct communities, as defined in the county general plan, the census unincorporated places listing, or other commonly recognized community designation, as determined by the commission, and any one community has more than 250 registered voters, any protest filed pursuant to Section 57078 shall be accounted separately for that community, unless the annexation is proposed pursuant to Section 56375.3. (Amended by Stats. 2002, Ch. 548, Sec. 30. Effective January 1, 2003.)
  42. 57087.3.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A city council may trigger a tax-code exception for a subsidiary-district merger by adopting a resolution committing the city to keep services at the same level, and to assume the district’s assets, liabilities, and revenues/taxes.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57087.3. The merger of a subsidiary district with a city, of which the city council is also the governing board of that subsidiary district, shall not be subject to Sections 99 and 99.01 of the Revenue and Taxation Code if the city council adopts a resolution that states that the city shall do all of the following: (a) Continue providing the services of the subsidiary district at the same level to those areas outside the city’s boundaries, but within the territory of the subsidiary district, as the services provided for territory within the city limits. (b) Assume all assets of the subsidiary district. (c) Assume all liabilities of the subsidiary district. (d) Assume all ad valorem taxes, other accounts receivable, and other revenues of the subsidiary district. (Amended by Stats. 1999, Ch. 921, Sec. 4. Effective January 1, 2000.)
  43. 57090.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After termination of proceedings, a substantially similar proposal for the same or substantially the same territory cannot be filed for a limited time, but the commission may waive that rule if it finds waiver is in the public interest.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Resolution of Conducting Authority [57075 - 57090] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57090. (a) Except as otherwise provided in subdivision (b), if proceedings are terminated, either by majority protest as provided in Sections 57075 and 57077, or if a majority of voters do not confirm the change of organization or reorganization as provided in Section 57179, no substantially similar proposal for a change of organization or reorganization of the same or substantially the same territory may be filed with the commission within two years after the date of the certificate of termination if the proposal included an incorporation or city consolidation and within one year for any other change of organization or reorganization. (b) The commission may waive the requirements of subdivision (a) if it finds these requirements are detrimental to the public interest. (Amended by Stats. 2022, Ch. 89, Sec. 13. (SB 938) Effective January 1, 2023.)
  44. 57091.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. )

    Verify source ↗

    This section tells the commission what to do when protests are filed in certain reorganization proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. ) ## 57091. (a) For purposes of Section 57075, relating to annexations, detachments, and latent powers, in the case of registered voter districts or cities: (1) For inhabited territory, the commission shall take one of the following actions: (A) Terminate proceedings if a majority protest exists in accordance with Section 57078. (B) Order the change of organization or reorganization subject to confirmation by the registered voters residing within the affected territory if written protests have been filed and not withdrawn by either of the following: (i) At least 25 percent, but less than 50 percent, of the registered voters residing in the affected territory. (ii) At least 25 percent of the number of owners of land who also own at least 25 percent of the assessed value of land within the affected territory. (C) Order the change of organization or reorganization without an election if subparagraphs (A) and (B) of this paragraph do not apply. (2) For uninhabited territory, the commission shall take either of the following actions: (A) Terminate proceedings if a majority protest exists in accordance with Section 57078. (B) Order the change of organization or reorganization if written protests have been filed and not withdrawn by owners of land who own less than 50 percent of the total assessed value of land within the affected territory. (b) For purposes of Section 57075, in the case of landowner-voter districts, the commission shall take one of the following actions: (1) Terminate proceedings if a majority protest exists in accordance with Section 57078. (2) Order the change of organization or reorganization subject to an election within the affected territory if written protests that have been filed and not withdrawn represent either of the following: (A) Twenty-five percent or more of the number of owners of land who also own 25 percent or more of the assessed value of land within the affected territory. (B) Twenty-five percent or more of the voting power of landowner voters entitled to vote as a result of owning property within the affected territory. (3) Order the change of organization or reorganization without an election if written protests have been filed and not withdrawn by less than 25 percent of the number of owners of land who own less than 25 percent of the assessed value of land within the affected territory. (Added by Stats. 2022, Ch. 89, Sec. 14. (SB 938) Effective January 1, 2023.)
  45. 57092.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. )

    Verify source ↗

    This section sets protest thresholds for certain local government reorganization proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. ) ## 57092. For purposes of Sections 57077.1, relating to dissolution, 57077.2, relating to consolidation, 57077.3, relating to reorganization, 57077.4, relating to dissolution and annexation, and 57077.5, relating to merger or establishment of a subsidiary district, the following protest thresholds shall apply: (a) In the case of inhabited territory, protests have been signed by either of the following: (1) At least 25 percent of the number of landowners within the affected territory who own at least 25 percent of the assessed value of land within the affected territory. (2) At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, the affected territory. (b) In the case of a landowner-voter district, that the territory is uninhabited and that protests have been signed by at least 25 percent of the number of landowners within the affected territory owning at least 25 percent of the assessed value of land within the affected territory. (Added by Stats. 2022, Ch. 89, Sec. 14. (SB 938) Effective January 1, 2023.)
  46. 57093.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. )

    Verify source ↗

    This section sets protest thresholds for certain local government reorganization proposals when the commission did not initiate the proposal and the subject agency objected.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. ) ## 57093. For proposals not initiated by the commission and where a subject agency has objected by resolution to the proposal, for purposes of Sections 57077.1, relating to dissolution, 57077.2, relating to consolidation, 57077.3, relating to reorganization, 57077.4, relating to dissolution and annexation, and 57077.5, relating to merger or establishment of a subsidiary district, the following protest thresholds shall apply: (a) In the case of inhabited territory, protests have been signed by either of the following: (1) At least 25 percent of the number of landowners within any subject agency within the affected territory who own at least 25 percent of the assessed value of land within the affected territory. (2) At least 25 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory. (b) In the case of a landowner-voter district, that the territory is uninhabited and protests have been signed by at least 25 percent of the number of landowners within any subject agency within the affected territory, owning at least 25 percent of the assessed value of land within the subject agency. (Added by Stats. 2022, Ch. 89, Sec. 14. (SB 938) Effective January 1, 2023.)
  47. 57094.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. )

    Verify source ↗

    This section sets protest-signing thresholds for certain commission-initiated proposals.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4.5. Protest Thresholds [57091 - 57094] ( Chapter 4.5 added by Stats. 2022, Ch. 89, Sec. 14. ) ## 57094. For purposes of Section 57077.6, relating to proposals initiated by the commission, the following protest thresholds shall apply: (a) In the case of inhabited territory, protests have been signed by either of the following: (1) At least 10 percent of the number of landowners within any subject agency within the affected territory who own at least 10 percent of the assessed value of land within the territory. However, if the number of landowners within a subject agency is less than 300, the protests shall be signed by at least 25 percent of the landowners who own at least 25 percent of the assessed value of land within the affected territory of the subject agency. (2) At least 10 percent of the voters entitled to vote as a result of residing within, or owning land within, any subject agency within the affected territory. However, if the number of voters entitled to vote within a subject agency is less than 300, the protests shall be signed by at least 25 percent of the voters entitled to vote. (b) In the case of a landowner-voter district, the territory is uninhabited and protests have been signed by at least 10 percent of the number of landowners within any subject agency within the affected territory, who own at least 10 percent of the assessed value of land within the territory. However, if the number of landowners entitled to vote within a subject agency is less than 300, protests shall be signed by at least 25 percent of the landowners entitled to vote. (Added by Stats. 2022, Ch. 89, Sec. 14. (SB 938) Effective January 1, 2023.)
  48. 57100.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission resolution for a change of organization or reorganization must include specified statements and information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57100. Any commission resolution ordering a change of organization or a reorganization shall contain all of the following: (a) A statement that the action is being taken pursuant to this division. (b) A statement of the type of change of organization or reorganization being acted on. (c) A description of the exterior boundaries of the territory for each change of organization or reorganization approved by the commission. (d) The name or names of any new or consolidated city or district. (e) All of the terms and conditions upon the change of organization or reorganization approved by the commission. (f) The reasons for the change of organization or reorganization. (g) A statement as to whether the regular county assessment roll or another assessment roll will be utilized. (h) A statement that the affected territory will or will not be taxed for existing general bonded indebtedness of any agency whose boundaries are changed. (i) Any other matters that the commission deems material. (Added by renumbering Section 57082 by Stats. 2000, Ch. 761, Sec. 237. Effective January 1, 2001.)
  49. 57101.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If an annexation proceeding involves land subject to a Williamson Act contract, the commission must include a finding in its annexation resolution about whether the city intends not to succeed to the contract.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57101. With respect to any proceeding that would result in the annexation to a city of land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), for which the commission has determined pursuant to Section 56754 that the city may exercise its option to not succeed to the contract, the commission shall include within its resolution ordering the annexation of the territory a finding regarding whether the city intends to not succeed to the contract. (Added by renumbering Section 57082.5 by Stats. 2000, Ch. 761, Sec. 238. Effective January 1, 2001.)
  50. 57102.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a dissolution resolution is being made, the commission must make findings on one or more listed matters, and it may order dissolution without an election if those findings are made, subject to Section 57103.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57102. (a) In any resolution ordering a dissolution, the commission shall make findings upon one or more of the following matters: (1) That the corporate powers have not been used, as specified in Section 56871, and that there is a reasonable probability that those powers will not be used in the future. (2) That the district is a registered-voter district and is uninhabited. (3) That the board of directors of the district has, by unanimous resolution, consented to the dissolution of the district. (4) That the commission has authorized, pursuant to subdivision (a) of Section 57077.1, the dissolution of the district without an election. (b) If the commission makes any of the findings specified in subdivision (a), the commission may, except as otherwise provided in Section 57103, order the dissolution of the district without election. (Amended by Stats. 2012, Ch. 62, Sec. 16. (AB 2698) Effective January 1, 2013.)
  51. 57103.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission order dissolving a local hospital district must be confirmed by the voters, unless the dissolution meets the requirements of Section 57077.1(c).

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57103. Any order in any resolution adopted by the commission on or after January 1, 1986, ordering the dissolution of a local hospital district, organized pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, is subject to confirmation by the voters unless dissolution of the local hospital district meets the requirements set forth in subdivision (c) of Section 57077.1. (Amended by Stats. 2019, Ch. 20, Sec. 6. (AB 1822) Effective January 1, 2020.)
  52. 57104.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    An order of merger may be adopted for a district, including a subsidiary district, if the district’s entire territory is within a city’s boundaries when the order is made.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57104. Any order of merger may be adopted for a district, including any district previously established as a subsidiary district, if the entire territory of the district is included within the boundaries of a city upon the date of the order. (Amended by Stats. 2011, Ch. 300, Sec. 79. (AB 1430) Effective January 1, 2012.)
  53. 57105.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission may adopt an order establishing a district as a subsidiary district if, on the date of the order, it determines that one of the listed territorial conditions is met.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57105. An order establishing a district as a subsidiary district may be adopted if upon the date of that order the commission determines that either of the following situations exists: (a) The entire territory of the district is included within the boundaries of a city. (b) A portion or portions of the territory of the district are included within the boundaries of a city and that portion or portions meet both of the following requirements: (1) Represent 70 percent or more of the area of land within the district, as determined by reference to the statements and the maps or plats filed pursuant to Chapter 8 (commencing with Section 54900) of Division 2 of Title 5 for the current fiscal year. (2) Contain 70 percent or more of the number of registered voters who reside within the district as shown on the voters’ register in the office of the county clerk or registrar of voters. (Amended by Stats. 2011, Ch. 300, Sec. 80. (AB 1430) Effective January 1, 2012.)
  54. 57106.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    For Sections 57104 and 57105, the relevant boundaries are set as of the date the commission adopts its order, and any pending but unfinished boundary-change proceedings are ignored.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57106. For the purposes of Sections 57104 and 57105, the boundaries shall be determined as of the date of adoption of the order of the commission. Any then pending but uncompleted proceedings for changes in the boundaries of the city or district shall be disregarded. (Added by renumbering Section 57086 by Stats. 2000, Ch. 761, Sec. 241.5. Effective January 1, 2001.)
  55. 57108.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A petition may be filed before the protest hearing ends, and the executive officer must immediately examine and certify it. If the petition is certified, the commission must forward the proposal to the affected city, and the city must run the election only within the district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57108. At any time prior to the conclusion of the protest hearing by the commission ordering the district to be merged with or established as a subsidiary district of a city, a petition may be filed with the executive officer referring, by date of adoption, to the commission’s resolution making determinations and requesting that any election upon that question be called, held, and conducted only within that district. Any petition so filed shall be immediately examined and certified by the executive officer by the same method and in the same manner as provided in Sections 56707 to 56711, inclusive, for the examination of petitions by the executive officer. The commission shall forward the proposal to the affected city, and the affected city shall call, hold, and conduct any election upon the question of a merger or the establishment of a subsidiary district only within the district to be merged or established as a subsidiary district, if the executive officer certifies that any petition so filed was signed by either of the following: (a) In the case of a registered voter district, by not less than 10 percent of the registered voters of the district. (b) In the case of a landowner-voter district, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district. (Amended by Stats. 2002, Ch. 548, Sec. 33. Effective January 1, 2003.)
  56. 57109.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A petition can be filed to request a separate election on a merger or subsidiary district, and the executive officer must quickly examine and certify it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57109. At any time prior to the completion of the protest hearing by the commission and the adoption of a resolution ordering a reorganization that includes an incorporation and the establishment of a subsidiary district or a merger, a petition may be filed with the executive officer referring, by date of adoption, to the commission’s resolution making determinations and requesting that a separate election be called, held, and conducted only within that district on the establishment of the subsidiary district or the merger. That election shall be conducted at the same time as the election on the incorporation. Any petition so filed shall be immediately examined and certified by the executive officer by the same method and in the same manner as provided in Sections 56707 to 56711, inclusive, for the examination of petitions by the executive officer. The commission shall forward the proposal to the principal county and the principal county shall call, hold, and conduct any election upon the question of a merger or the establishment of a subsidiary district only within the district to be merged or established as a subsidiary district, if the executive officer certifies that any petition so filed was signed by either of the following: (a) In the case of a registered voter district, by not less than 10 percent of the registered voters of the district. (b) In the case of a landowner-voter district, by not less than 10 percent of the number of landowner-voters within the district who also own not less than 10 percent of the assessed value of land within the district. (Amended by Stats. 2002, Ch. 548, Sec. 34. Effective January 1, 2003.)
  57. 57110.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a resolution puts both an original and an alternative proposal to voter confirmation, the ballot must let voters reject both or approve either one, and the board of supervisors must confirm the proposal that wins the vote.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57110. In any resolution approving, subject to the confirmation of the voters, both an original and an alternative proposal as determined by the commission pursuant to paragraph (2) of subdivision (a) of Section 56863, the ballot at the election shall enable those voting to do one of the following: (a) Disapprove both proposals. (b) Approve either the original proposal or the alternative proposal. The board of supervisors shall adopt a resolution confirming the proposal which was favored by a majority of votes cast at the election. Where both proposals were favored by a majority of the votes cast, the board of supervisors shall adopt a resolution confirming the proposal which received the greater number of votes. (Added by renumbering Section 57088 by Stats. 2000, Ch. 761, Sec. 245. Effective January 1, 2001.)
  58. 57111.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    In a reorganization proceeding, a confirmation election is not required if the component changes of organization would not each require one on their own.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57111. In any reorganization proceeding where the component changes of organization would not individually require a confirmation election, no confirmation election shall be required to approve the reorganization. (Added by renumbering Section 57089 by Stats. 2000, Ch. 761, Sec. 245.5. Effective January 1, 2001.)
  59. 57112.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After failed confirmation of a merger or subsidiary-district resolution, no new proposal for the same district may be filed with the commission for two years, unless the commission waives that rule for public-interest reasons.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57112. (a) Except as otherwise provided in subdivision (b), if proceedings are terminated by failure of a majority of voters to confirm a resolution ordering merger or establishment of a subsidiary district, no new proposal for a merger or establishment of a subsidiary district involving the same district may be filed with the commission within two years of the date of the certification adopted by the commission, pursuant to Section 57179. (b) The commission may waive the requirements of subdivision (a) if it finds these requirements are detrimental to the public interest. (Added by renumbering Section 57091 by Stats. 2000, Ch. 761, Sec. 247. Effective January 1, 2001.)
  60. 57115.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If the commission forwards a change of organization or reorganization for voter confirmation, it must include the affected territory, the questions for voters, any terms or conditions, and the vote needed for confirmation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57115. Any resolution of the commission forwarding a change of organization or a reorganization for confirmation by the voters shall, in addition to any applicable requirements contained in Sections 57100 to 57111, inclusive, do all of the following: (a) Designate the affected territory within which the special election or elections shall be held. (b) Provide for the question or questions to be submitted to the voters. (c) Specify any terms or conditions provided for in the change of organization or reorganization. (d) State the vote required for confirmation of the change of organization or reorganization. (Added by renumbering Section 57100 by Stats. 2000, Ch. 761, Sec. 250. Effective January 1, 2001.)
  61. 57116.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a commission orders an incorporation subject to election, its resolution must include the required city officer election, the city council election method question, and—if requested by the petition—two voter preference questions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57116. In addition to any other requirements, any resolution of the commission ordering an incorporation subject to an election shall do all of the following: (a) Provide for the election of the officers of the proposed city required to be elected, except as provided in Section 56724 and except as to officers designated as appointive, pursuant to Section 56723. (b) Provide for the election on the question of whether members of the city council in future elections are to be elected by district, from district, or at large. (c) If the petition so requests, state that the voters may express a preference as to whether or not the city shall operate under the city manager form of government, the ballot question being for or against the city manager form of government. (d) If the petition so requests, state that the voters may express their preference between names for the new city. (Amended by Stats. 2009, Ch. 155, Sec. 6. (AB 1582) Effective January 1, 2010.)
  62. 57117.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission resolution ordering consolidation of cities for an election must provide for election of required successor-city officers and state that voters may express a preference for the successor city’s name.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57117. In addition to any other requirements, any resolution of the commission ordering a consolidation of cities subject to an election shall do all of the following: (a) Provide for the election of officers of the successor city required to be elected. (b) State that the voters may express their preference as to the name of the successor city. (Added by renumbering Section 57102 by Stats. 2000, Ch. 761, Sec. 252. Effective January 1, 2001.)
  63. 57118.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a change of organization or reorganization needs voter confirmation, the commission must determine that an election will be held.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57118. In any resolution ordering a change of organization or reorganization subject to the confirmation of the voters, the commission shall determine that an election will be held: (a) Within the territory of each city or district ordered to be incorporated, formed, disincorporated, dissolved, or consolidated. (b) Within the entire territory of each district ordered to be merged with or established as a subsidiary district of a city, or both within the district and within the entire territory of the city outside the boundaries of the district. (c) If the executive officer certifies a petition pursuant to Section 57108 or 57109, within the territory of the district ordered to be merged with or established as a subsidiary district of a city. (d) Within the territory ordered to be annexed or detached. (e) If ordered by the commission pursuant to Section 56876 or 56759, both within the territory ordered to be annexed or detached and within all or the part of the city or district which is outside of the territory. (f) If the election is required by subdivision (b) of Section 57077.4, separately within the territory of each affected district that has filed a petition meeting the requirements of subdivision (b) of Section 57077.4. (Amended by Stats. 2014, Ch. 71, Sec. 79. (SB 1304) Effective January 1, 2015.)
  64. 57119.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a resolution orders a special reorganization, the principal county must call an election in both the detachment territory and the city’s entire territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57119. Notwithstanding Section 57118, any resolution ordering a special reorganization shall require the principal county to call an election in both of the following territories: (a) The territory ordered to be detached from the city. (b) The entire territory of the city from which the detachment is ordered to occur. (Amended by Stats. 2002, Ch. 548, Sec. 35. Effective January 1, 2003.)
  65. 57120.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A commission resolution ordering a change or reorganization that includes a formation or incorporation subject to election must provide for an appropriations limit.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Resolution for Order Subject to Election [57100 - 57120] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57120. In addition to any other requirements, any resolution of the commission ordering a change of organization or reorganization that includes a formation or an incorporation subject to an election shall provide for the establishment of the appropriations limit determined pursuant to Section 56811 or 56812. (Amended by Stats. 2004, Ch. 355, Sec. 8. Effective January 1, 2005.)
  66. 57125.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section says certain special elections must follow applicable state and local election rules, with local provisions controlling over general ones if there is a conflict, and this division controlling over the Elections Code if there is a conflict.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57125. (a) Special elections called within all or any part of a city or registered-voter district shall be governed by the general election provisions and the local election provisions of the Elections Code, so far as they may be applicable, relating to the qualifications of voters, the manner of voting, the form of the ballot, the duties of precinct and election officers, the canvassing of returns, and all other particulars. If the commission determines that there is any inconsistency: (1) Between the general elections provisions and the local elections provisions of the Elections Code, the local elections provisions shall control. (2) Between this division and the Elections Code, this division shall control. (b) Notwithstanding any other provision of law, special elections pursuant to this division may be conducted wholly by mailed ballot on any date other than an established election date authorized by the elections official of the county or counties affected by the use of mailed ballots. (Amended by Stats. 2004, Ch. 355, Sec. 9. Effective January 1, 2005.)
  67. 57126.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Special elections in a landowner-voter district follow the principal act where applicable, but this division controls if there is a conflict. Special elections under this division may also be run entirely by mailed ballot on a date other than an established election date authorized by the county elections official.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57126. (a) Special elections called within all or any part of a landowner-voter district shall be governed by the general elections provisions of the principal act, so far as they may be applicable, relating to the qualifications of voters, the manner of voting, the form of the ballot, the duties of precinct and election officers, the canvassing of returns, and all other particulars. To the extent of any inconsistency between the provisions of this division and the principal act as determined by the commission, the provisions of this division shall control. (b) Notwithstanding any other provision of law, special elections held pursuant to this division may be conducted wholly by mailed ballot on any date other than an established election date authorized by the elections official of the county or counties affected by the use of mailed ballots. (Amended by Stats. 2004, Ch. 355, Sec. 10. Effective January 1, 2005.)
  68. 57127.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a board of supervisors calls a special election in all or part of a district, certain references in the principal act are treated as referring to the board of supervisors and the elections official.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57127. If the board of supervisors calls any special election within all or any part of any district, any references in the principal act to the board of directors of the district and to the clerk or secretary of the district shall be deemed to mean the board of supervisors and the elections official, respectively. (Amended by Stats. 2010, Ch. 47, Sec. 7. (AB 2795) Effective January 1, 2011.)
  69. 57127.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When special elections are called on the same question in a landowner-voter district and a city or registered-voter district, Section 57125 applies, but the landowner-voter district follows its principal act on voter qualifications, vote counts, voting method, and ballot form.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57127.5. If special elections are called upon the same question or questions within all or any part of any landowner-voter district, and any city or registered-voter district, the provisions of Section 57125 shall apply, except that, as to the landowner-voter district, the provisions of its principal act shall govern the qualifications of landowner-voters, the number of votes which each landowner-voter is entitled to cast, the manner of voting, and the form of the ballot. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  70. 57128.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    In certain reorganization confirmation elections with overlapping city or district territory, the precincts, polling places, voting booths, and ballot boxes must be the same throughout the overlap, and each precinct may have only one precinct board or set of election officers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57128. Where any special election or elections are called upon the question of confirmation of an order for a reorganization and the areas within which the election or elections are called contain overlapping territory of two or more cities or districts, within all of the overlapping territory the election precincts, polling places, voting booths, and ballot boxes shall, in every case, be the same and there shall be only one precinct board or set of election officers for each precinct. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  71. 57129.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Certain city or district election records must be delivered to the elections official on request, then returned immediately after the canvass; other election materials must be kept or disposed of as required by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57129. Where any records of a city or a district are required for the purpose of calling, holding, or conducting any special election called by the board of supervisors or city council pursuant to this division, those records or certified copies of those records shall be delivered, upon request, to the elections official by the city or district officer having custody of the records or copies and shall be returned to that officer immediately after the canvass of the election returns. All other election records, documents, instruments, and election supplies, including, but not limited to, rosters, ballots, and tally sheets, shall be retained or disposed of by the elections official in the manner provided by law. (Amended by Stats. 2010, Ch. 47, Sec. 8. (AB 2795) Effective January 1, 2011.)
  72. 57130.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The elections official must give notice of each change of organization or reorganization election by publication, posting, and mailing.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57130. The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as provided in Chapter 2 (commencing with Section 57025) of Part 4. (Amended by Stats. 2016, Ch. 165, Sec. 8. (AB 2910) Effective January 1, 2017.)
  73. 57131.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A notice of election that must be given under Section 57130 has to include everything listed in Section 57115.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57131. The notice of election required to be given by Section 57130 shall contain all of the matters specified in Section 57115. (Amended by Stats. 2000, Ch. 761, Sec. 260.5. Effective January 1, 2001.)
  74. 57132.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The election must be called under Section 57000 and held on the next established election date, or under Section 1500 for a mailed-ballot election, at least 88 days after the resolution calling the election is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57132. The election on the question of the change of organization or reorganization shall be called pursuant to Section 57000 and held on the next established election date pursuant to Section 1000 of the Elections Code, or Section 1500 of the Elections Code in the case of an election conducted solely by mailed ballot, occurring at least 88 days after the date upon which the resolution calling the election was adopted. (Amended by Stats. 2010, Ch. 35, Sec. 2. (AB 419) Effective January 1, 2011.)
  75. 57132.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A special reorganization election must be called and held under Section 57000, at the next regular primary or general election in an even-numbered year, at least 88 days after the resolution calling it is adopted.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57132.5. Notwithstanding Section 57132, the election on the question of a special reorganization shall be called pursuant to Section 57000 and held at the next regular primary or general election occurring in an even-numbered year at least 88 days after the date on which the resolution calling the election was adopted. (Amended by Stats. 2010, Ch. 35, Sec. 3. (AB 419) Effective January 1, 2011.)
  76. 57133.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section prescribes the form of the question or questions to be submitted at special elections held under this part.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57133. The question or questions to be submitted at any special election or elections called pursuant to this part shall be in substantially the following form: (a) For an incorporation: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of ____ County ordering the incorporation of the territory described in the order and designated in the order as ____ (insert the distinct short form designation previously assigned by the commission) be confirmed?” (b) For an annexation: “Shall the order adopted on ____, 20 __, by the ____ (insert Local Agency Formation Commission) ordering the annexation to ____ (insert city or district) of the territory described in that order and designated as ____ (insert the short form designation previously assigned by the commission) be confirmed?” (c) For a detachment: “Shall the order adopted on ____, 20 __, by the ____ (insert Local Agency Formation Commission) ordering the detachment from the ____ (insert city or district) of the territory described in the order and designated in the order as ____ (insert the short form designation previously assigned by the commission) be confirmed?” (d) For a city consolidation: “Shall the order adopted on ____, 20 __, by the ____ (insert Local Agency Formation Commission) of the County of ____ (insert name of city) ordering the consolidation of the Cities of ____ (insert names of all cities ordered consolidated) into a single city known as the City of ____ be confirmed?” (e) For a disincorporation: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of the County of ____ ordering the disincorporation of the City of ____ be confirmed?” (f) For a reorganization: “Shall the order adopted on ____, 20 __, by the ____ (insert Local Agency Formation Commission) ordering a reorganization affecting the ____ (insert names of all affected cities or districts) and providing for ____ (insert list of all changes of organization or new cities proposed to be incorporated or districts to be formed) be confirmed?” (g) For a district dissolution: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of the County of ____ ordering the dissolution of the ____ district be confirmed?” (h) For a district consolidation: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of the County of ____ ordering the consolidation of ____ (insert the names of all districts ordered consolidated) into a single district known as the ____ District be confirmed?” (i) For a merger: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of the County of ____ ordering the merger of the ____ District with the City of ____ be confirmed?” (j) For establishment of a subsidiary district: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of the County of ____ ordering the ____ District established as a subsidiary district of the City of ____ be confirmed?” (k) For a district formation, use form of question under principal act of district being formed. If none, use substantially the following form: “Shall the order adopted on ____, 20 __, by the Local Agency Formation Commission of ____ County ordering the formation of a district in the territory described, known as ____, be approved?” (Amended by Stats. 2000, Ch. 761, Sec. 261. Effective January 1, 2001.)
  77. 57134.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a change of organization or reorganization was ordered with terms and conditions, the election questions must include a phrase saying it is subject to those terms and conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57134. If the change of organization or reorganization has been ordered subject to any terms and conditions, there shall be added to the end of the questions set forth in Section 57133 words substantially as follows: “Subject to the terms and conditions specified in the order.” (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  78. 57135.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a reorganization question would increase liability for taxes, assessments, service charges, rentals, or rates, it must include a very brief summary and point to the order for details.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57135. (a) If any of the terms and conditions have the effect of imposing or increasing liability for payment of (1) taxes or assessments to be levied and collected, (2) service charges, rentals, or rates to be fixed and collected, or (3) both, upon or within all or any part of the territory affected by the proposed change of organization or reorganization, the question shall contain a very brief summary of the purpose, nature, and extent of the liability and shall refer to the order ordering the change of organization or reorganization for particulars. The legislative body may include in the question a summary of any of the other terms and conditions. (b) No reference need be made to any liability for payment of any of the following to be imposed for the usual and ordinary support, management, and operation of any district: (1) Annual taxes or assessments. (2) Ordinary service charges, rentals, or rates. (3) Both taxes or assessments and service charges, rentals, or rates. (c) Where a summary is included in a question, there shall be added to the clause set forth in Section 57134 words substantially as follows: “Such terms and conditions including (set forth very brief summary), all as more particularly described and set forth in the order.” (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  79. 57136.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section applies only to changes of organization or reorganizations involving a member district, and certain voter questions must state specified service-entitlement effects.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57136. This section shall apply only to changes of organization and reorganizations made by, or with respect to, a member district. If a change of organization or reorganization adding territory to a member district will not result in the additional territory being entitled to receive or be furnished with any new or additional governmental or proprietary service or commodity by the parent district, the question submitted to the voters shall so indicate. If a change of organization or a reorganization removing territory from a member district will result in the termination of any existing entitlement of the territory to receive, or be furnished with, any governmental or proprietary service or commodity from the parent district, the question submitted to the voters shall so indicate. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  80. 57137.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Ballots must print the words “Yes” and “No” to the right of or below each question, on separate lines, with voting targets.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57137. On the ballot to the right of or below each question, the words “Yes” and “No” shall be printed on separate lines with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 20. (AB 1512) Effective January 1, 2026.)
  81. 57138.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If the commission orders both a merger and a subsidiary district, the ballot must list both questions and print “Vote on both questions.” before the first question.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57138. If the commission orders both a merger and the establishment of a subsidiary district, questions on each matter shall be printed on the ballot, one above the other. Immediately preceding the first question, there shall be printed in the words “Vote on both questions.” (Amended by Stats. 2000, Ch. 761, Sec. 262. Effective January 1, 2001.)
  82. 57139.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a special election is called for a reorganization or consolidation, the selection, nomination, and election of district officers must follow the principal act or the terms of the reorganization or consolidation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57139. If a special election or elections is called upon an order of reorganization which provides for a consolidation or the formation of a new district, or both, or upon an order of consolidation, members of the legislative body and other officers of the consolidated district or the new district, as the case may be, shall be selected in the manner provided by the principal act. If the principal act or the terms and conditions of the reorganization or consolidation provide for the election of the officers or members, they shall be nominated in the manner provided in the principal act and shall be voted upon at the special election or elections upon the question of confirming the order of reorganization or consolidation. If the order of reorganization or consolidation is confirmed at the special election or elections, the officers or members of the legislative body of the consolidated district or the new district, as the case may be, who are elected at the election or elections shall become the officers or members of the legislative body of the consolidated district or new district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  83. 57140.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    In a special election on confirming a change of organization or reorganization, eligible voters in the territory are entitled to ballots and votes, with the amount depending on the type of district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57140. Where a special election is called upon the question of confirming an order for a change of organization or a reorganization, each person entitled to vote as a result of residing or owning land within the territory in which the election is called shall be entitled to ballots and votes as follows: (a) In the case of cities or registered-voter districts, to one ballot and one vote. (b) In the case of landowner-voter districts, to the number of ballots and votes authorized by the principal act of the district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  84. 57141.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section gives eligible voters specific ballot and vote counts in special elections on a merger or subsidiary district question.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57141. Where a special election or elections are called upon the question of confirming an order for a merger or the establishment of a subsidiary district, or both, each person entitled to vote as a result of residing or owning land within the territory within which the election is called shall be entitled to ballots and votes as follows: (a) Where the election is called only within the district: (1) In the case of a registered-voter district, each registered voter shall be entitled to one ballot and one vote. (2) In the case of a landowner-voter district, each landowner-voter shall be entitled to the number of ballots and votes authorized by the principal act of the district. (b) Where one election is called within the district and another election is called within the territory of the city outside the boundaries of the agency: (1) In the case of the city, each registered voter within the territory of the city outside the boundaries of the district shall be entitled to one city ballot and one vote on the question. (2) In the case of the district, each person entitled to vote as a result of residing or owning land within the district shall be entitled to the number of district ballots and votes authorized by the principal act of the district. Where separate elections are called within both the district and the territory of the city outside the boundaries of the district, separate forms of city and district ballots, printed on different colors of paper, shall be provided. The city and district ballots shall be separately canvassed. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  85. 57142.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    When a special election confirms a reorganization order, eligible voters receive ballots and votes according to whether they are registered voters, landowner-voters, or both.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57142. Where a special election is called upon the question of confirming an order of reorganization, each person entitled to vote as a result of residing or owning land within the territory within which the election is called shall be entitled to ballots and votes as follows: (a) Each person who qualifies only as a registered voter of any city or registered voter district, regardless of the number of registered voters, is entitled to one ballot and one vote. (b) Each person who qualifies only as a landowner-voter of any subject district, regardless of the number of landowner voters, is entitled to the number of ballots and votes authorized by the principal act for one such district; if there is more than one such district, that person upon declaration made to the precinct or election officers shall be furnished with a ballot or ballots for the particular district designated by that person. (c) Each person who qualifies both as a registered voter and as a landowner-voter of any of the subject agencies, may at his or her option vote either as a registered voter or as a landowner-voter, but not both. That person, upon declaration made to the precinct or election officers, shall be furnished with a ballot or ballots for the particular city or district designated by that person. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  86. 57143.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets out how to calculate and equate landowner-voter votes with registered voter votes in certain special elections.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57143. In any special election or elections called upon the question of confirmation of an order for merger or the establishment of a subsidiary district or for a reorganization, where the results of the election or elections are to be determined from votes of both landowner-voters and registered voters, the votes of the landowner-voters shall be computed and equated with the votes of the registered voters in the following manner: (a) First, the per capita assessed value of land for each registered voter within the county within which the elections are held shall be determined to the nearest even dollar by dividing the total assessed value of land within the county, as shown on the last equalized assessment roll of the county, by the total number of voters who were registered in the county at the close of registration, as provided in the Elections Code, next preceding the date of the election. If any landowner-voter district is located in more than one county, the per capita assessed value for each county shall be multiplied by a percentage, to the nearest one-tenth of 1 percent, those percentages being determined by dividing the total area of the district into the area of those portions of the district located within that county; the resulting products of those multiplications shall then be added and the total, to the nearest even dollar, shall be deemed to be the per capita assessed value for all the counties. (b) Second, if any such landowner-voter district does not use the county assessment roll for the purposes of levying and collecting district assessments or taxes, the per capita assessed value of land for each registered voter within the county shall be corrected by multiplying the per capita assessed value by a correction factor determined as follows: The total assessed valuation of all lands within the district, as shown upon the last equalized assessment roll or book of the district, shall be divided by the corresponding total assessed valuation of all lands within the district, as shown upon the last equalized assessment roll of the county, and the quotient, expressed to the nearest of two decimal places, shall represent the correction factor. If any landowner-voter district is located in more than one county, a correction factor shall be determined, in the manner above provided, for each such county covering all those portions of the district which are located within the county; the correction factor for each county shall then be multiplied by a percentage, to the nearest one-tenth of 1 percent, that percentage being determined by dividing the total area of the district into the area of those portions of the district located within that county; the resulting products of those multiplications shall then be added and the total, to the nearest of two decimal places, shall be deemed to be the correction factor for all the counties. (c) Third, the corrected per capita assessed value, determined to the nearest even dollar, shall then be adjusted by dividing it by the number of dollars required for a single vote by a landowner-voter, as specified in the principal act determining the landowner-voter’s right to vote. (d) Fourth, the total number of votes cast by landowner-voters for and against the question shall be divided by the corrected and adjusted per capita assessed value and the quotients, to the nearest whole figures, shall be deemed to be the number of votes of landowner-voters which shall be equated with the votes of the registered-voters of any city or registered voter district, cast for and against the question. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  87. 57144.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    After a special election is called, the executive officer must send the commission an impartial analysis within five days, and the commission must approve or modify it and forward it to the elections official by the rebuttal-argument deadline.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57144. Within five days after a special election is called pursuant to this part, the executive officer shall submit to the commission, for its approval or modification, an impartial analysis of the proposed incorporation or change of organization. The impartial analysis shall not exceed 500 words in length in addition to a general description of the boundaries of the territory affected. The commission shall approve or modify the analysis and submit the analysis to the elections official no later than the last day for submission of rebuttal arguments. Immediately below the impartial analysis there shall be printed in no less than 10-point bold type a legend substantially as follows: “The above statement is an impartial analysis of Proposition ____. If you desire a copy of the proposition, please call the elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.” (Amended by Stats. 2000, Ch. 761, Sec. 263. Effective January 1, 2001.)
  88. 57145.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Certain affected agencies, authorized members, and qualified voters or citizens may file written arguments for or against the question, but the argument must be 300 words or less and filed by the Section 57146 deadline.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57145. (a) The legislative body of any affected agency, or any member or members of the legislative body of any affected agency authorized by it, or any individual voter or association of citizens entitled to vote on the change of organization or reorganization, or any combination of those voters and association of citizens may file a written argument for, or a written argument against, the question to be submitted to the voters. Arguments shall not exceed 300 words in length and shall be filed with the elections official no later than the last day for submission of arguments specified by Section 57146. (b) If more than one argument for or more than one argument against the proposal is filed with the elections official within the time prescribed in Section 57145, the elections official shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the elections official shall give preference and priority in the order named to the following arguments: (1) The legislative body of an affected agency or any authorized member or members of the legislative body. (2) Individual voters or association of citizens or a combination of voters and associations. (Amended by Stats. 2000, Ch. 761, Sec. 264. Effective January 1, 2001.)
  89. 57146.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The elections official must set a reasonable cutoff date before the election for ballot arguments, publish notice of that date, and include specified information in the notice.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57146. (a) On the basis of the time reasonably necessary to prepare and print the arguments, analysis, and sample ballots for the election, the elections official shall fix and determine a reasonable date prior to the election after which no arguments for or against the measure may be submitted for printing and distribution to the voters. Notice of the date fixed shall be published in accordance with Section 56153 in a newspaper of general circulation which is circulated in the affected territory. Arguments may be changed until and including the date fixed by the elections official. (b) The notice shall contain all of the following information: (1) A statement of the proposition to be voted on and a general description of the boundaries of the affected territory. (2) An invitation to any registered voter or association of citizens entitled to vote on the proposal to submit and file with the elections official for printing and distribution in the ballot pamphlet, an argument for or an argument against the proposal. (3) The date of the election. (4) A statement that only one argument for and one argument against will be selected and printed in the ballot pamphlet. (5) A statement that arguments shall not exceed 300 words in length and shall be accompanied by not more than five signatures. (Amended by Stats. 2000, Ch. 761, Sec. 265. Effective January 1, 2001.)
  90. 57147.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Section 9167 of the Elections Code applies to preparing and submitting rebuttal arguments.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57147. Section 9167 of the Elections Code applies to the preparation and submittal of rebuttal arguments. (Amended by Stats. 1994, Ch. 923, Sec. 83. Effective January 1, 1995.)
  91. 57148.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    The elections official must print and mail a ballot pamphlet about the proposal to each eligible voter, and must mail it at least 10 days before the election.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57148. (a) The elections official shall cause a ballot pamphlet concerning the proposal to be printed and mailed to each voter entitled to vote on the question. The ballot pamphlet shall contain all of the following information in the order prescribed: (1) The impartial analysis of the proposition prepared by the commission. (2) One argument for the proposal, if any. (3) One rebuttal to the argument for the proposal, if any. (4) One argument against the proposal, if any. (5) One rebuttal to the argument against the proposal, if any. A copy of the complete text of the proposition shall be made available by the elections official, to any voter upon request. (b) The elections official shall mail a ballot pamphlet to each voter entitled to vote in the election at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code. (Amended by Stats. 2000, Ch. 761, Sec. 266. Effective January 1, 2001.)
  92. 57149.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Ballot canvasses for elections under this division must follow specified Elections Code sections, and the elections official must promptly report the canvass results to the executive officer of the local agency formation commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57149. The canvass of ballots cast at any election held pursuant to this division shall be conducted pursuant to Sections 15300 to 15309, inclusive, of the Elections Code. The elections official shall immediately, upon the completion of any canvass, report the results to the executive officer of the local agency formation commission. (Amended by Stats. 2000, Ch. 761, Sec. 267. Effective January 1, 2001.)
  93. 57150.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section says who must pay the proper expenses of election proceedings for a change of organization or reorganization, with the payer depending on the type of proceeding and any agreement with the commission and proponents.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Elections [57125 - 57150] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57150. All proper expenses incurred in conducting elections for a change of organization or reorganization pursuant to this chapter shall be paid, unless otherwise provided by agreement between the commission and the proponents, as follows: (a) In the case of annexation or detachment proceedings, by the local agency to or from which territory is annexed, or from which territory is detached, or was proposed to be annexed or detached. (b) In the case of incorporation or formation proceedings, by the newly incorporated city or the newly formed district, if successful, or by the county within which the proposed city or district is located, if the incorporation or formation proceedings are terminated. In the case of a separate election for city officers held following the election for incorporation pursuant to Section 56724, by the newly incorporated city. (c) In the case of disincorporation or dissolution proceedings, from the remaining assets of the disincorporated city or dissolved district or by the city proposed to be disincorporated or the district proposed to be dissolved if disincorporation or dissolution proceedings are terminated. (d) In the case of consolidation proceedings, by the successor city or district or by the local agencies proposed to be consolidated, to be paid by those local agencies in proportion to their respective assessed values, if proceedings are terminated. (e) In the case of a reorganization, by either of the following: (1) If the reorganization is ordered, by the subject local agencies or successor local agencies, as the case may be, for any of the changes of organization specified in subdivisions (a) to (d), inclusive, that may be included in the particular reorganization, to be paid by those local agencies in proportion to their assessed value. (2) If the reorganization proceedings are terminated or the proposal is defeated, by the county or counties within which the subject local agency is located. (Amended by Stats. 2012, Ch. 162, Sec. 71. (SB 1171) Effective January 1, 2013.)
  94. 57176.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

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    The commission must issue a certificate of completion within 30 days after the election canvass if the vote favors the change of organization or reorganization.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57176. The commission shall execute, within 30 days of the canvass of the election, a certificate of completion confirming the order of the change of organization or reorganization if a majority of votes cast upon the question are in favor of the change of organization or reorganization in any of the following circumstances: (a) At an election called in the territory ordered to be organized or reorganized. (b) At an election called within the territory ordered to be organized or reorganized and within the territory of the affected agency. (c) At both an election called within the area to be organized or reorganized and an election called within the territory of an affected city, when required by the commission pursuant to Section 56759. (Amended by Stats. 2000, Ch. 761, Sec. 270. Effective January 1, 2001.)
  95. 57176.1.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

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    The commission must issue a certificate of completion for a special reorganization within 30 days after the canvass, if the required majority votes favor it in the two stated elections.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57176.1. Notwithstanding Section 57176, the commission shall execute, within 30 days of the canvass of the election, a certificate of completion confirming a special reorganization if a majority of votes cast upon the question are in favor of the special reorganization in both of the following circumstances: (a) An election called in the territory ordered to be detached from the city. (b) An election called in the entire territory of the city from which the detachment is ordered to occur. (Amended by Stats. 2000, Ch. 761, Sec. 271. Effective January 1, 2001.)
  96. 57177.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

    Verify source ↗

    The commission must issue a certificate of completion, or order the relevant change, when the voter results meet the stated majority rules for merger or subsidiary district questions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57177. The commission shall execute a certificate of completion confirming either the order of a merger or the order for the establishment of a subsidiary district in the following manner: (a) Where the question submitted to the voters was only upon merger or only upon establishment of a subsidiary district, the commission shall execute a certificate of completion confirming the order if a majority of the votes cast on the question favored the order either: (1) At an election called only within the district. (2) At each election, where one election was called within the district and another election was called within the territory of the city outside the boundaries of the district. (b) Where both the question of merger and the question of establishment of a subsidiary district were submitted to the voters within the district only and both questions were favored by a majority of the voters, the commission shall order that change of organization favored by the greater number of voters. Where the number of votes was the same on both questions, the merger shall be ordered. (c) Where both the question of merger and the question of establishment of a subsidiary district were submitted at an election called both within the district and at an election within the territory of the city outside the district boundaries, and both questions were favored by a majority of the voters in both areas, that change of organization receiving the greater number of votes in both elections shall be completed. Where the number of votes was the same, or where the question of merger received the greater number of votes in one of the elections, a merger shall be completed. (Amended by Stats. 2000, Ch. 761, Sec. 272. Effective January 1, 2001.)
  97. 57177.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

    Verify source ↗

    When consolidation election results are involved, the commission must either confirm the consolidation with a certificate of completion or end the proceedings with a certificate of termination, depending on the vote outcome.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57177.5. In the case of elections on an order of consolidation of cities or districts, the commission shall take one of the following actions: (a) Execute a certificate of completion confirming the order of consolidation if, within the territory of each city or district ordered to be consolidated, a majority of the votes cast on the question favored the consolidation. (b) Execute a certificate of termination of proceedings if, in one of the cities or districts ordered to be consolidated, the votes cast in favor of consolidation did not constitute a majority. (Amended by Stats. 2015, Ch. 114, Sec. 17. (AB 1532) Effective January 1, 2016.)
  98. 57178.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

    Verify source ↗

    A certificate of completion for city incorporation or consolidation must state the new or successor city’s name, identify the highest-vote candidates as elected, and, for incorporations, state the favored council election system and whether a city manager form of government was favored. If requested, the resolution must also call an election for city officers.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57178. In addition to any other requirements, the certificate of completion confirming an order of incorporation or consolidation of cities shall do all of the following: (a) Give the name of the new or successor city favored by the electors. (b) Declare the persons receiving the highest number of votes for the several offices of the new or successor city to be elected to those offices. If the incorporation applicant requested that the first election for city officers was to occur after the election on the proposal which included incorporation, the resolution shall call an election at which city officers shall be elected. (c) In the case of an incorporation, declare which system of electing council members was favored, that is, election by district or election at large; and declare whether the city manager form of government was favored by the electors. (Amended by Stats. 2000, Ch. 761, Sec. 274. Effective January 1, 2001.)
  99. 57179.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. )

    Verify source ↗

    If the vote in favor of a change of organization or reorganization is not a majority, the commission must execute a certificate terminating the proceedings.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Confirmation of Election Results [57176 - 57179] ( Heading of Chapter 7 amended by Stats. 2008, Ch. 68, Sec. 11. ) ## 57179. The commission shall execute a certificate of termination of proceedings if the votes cast in favor of the change of organization or reorganization do not constitute a majority. (Amended by Stats. 2015, Ch. 114, Sec. 18. (AB 1532) Effective January 1, 2016.)
  100. 57200.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer must prepare and file a certificate of completion after specified commission actions and proceedings are finished, and must notify the district clerk or designated person when the commission approves adding district territory to a city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57200. (a) The executive officer shall prepare and execute a certificate of completion and shall make the filing required by this division upon all of the following: (1) The completion of all commission actions pursuant to Part 3 (commencing with Section 56650), including the time period allowed to file and act upon requests for reconsideration pursuant to Section 56895. (2) The satisfaction of any conditions contained in the commission resolution making determinations that are required to be completed prior to filing a certificate of completion. (3) The completion of all proceedings pursuant to Part 4 (commencing with Section 57000). (b) Whenever the commission approves the inclusion of any territory of a landscape and lighting assessment district within a city, the executive officer shall notify the clerk of the landscape and lighting assessment district or other person designated by the district to receive notification. (Amended by Stats. 2007, Ch. 244, Sec. 10. Effective January 1, 2008.)
  101. 57201.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer must prepare and execute a certificate of completion that includes the required information.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57201. The certificate of completion prepared and executed by the executive officer shall contain all of the following information: (a) The name of each newly incorporated city, each new district, and the name of each existing local agency for which a change of organization or reorganization was ordered and the name of the county within which any new or existing local agencies are located. (b) A statement of each type of change of organization or reorganization ordered. (c) A description of the boundaries of the new city ordered incorporated, the new district ordered formed or of any territory affected by the change of organization or reorganization, which description may be made by reference to a map and legal description showing the boundaries attached to the certificate. (d) Any terms and conditions of the change of organization or reorganization. (Amended by Stats. 2001, Ch. 388, Sec. 29. Effective January 1, 2002.)
  102. 57202.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Rules for when a change of organization, reorganization, or incorporation becomes effective, and limits on how the commission may set that date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57202. (a) If an effective date is fixed in the terms and conditions of the commission resolution, that date shall be the effective date. An effective date shall not be fixed which is either of the following: (1) Earlier than the date of execution of the certificate of completion. (2) Later than nine months after the date of the election in which a majority voted in favor of the change of organization or reorganization. (b) The change of organization or reorganization shall be complete from the date of execution of the certificate of completion and effective from the dates specified in the terms and conditions of the commission resolution, unless no effective date has been fixed in those terms and conditions. (c) If no effective date has been fixed in any of the terms and conditions, the effective date of a change of organization or a reorganization shall be the date of the recordation made with the county recorder and, if filed with the recorder of more than one county, the date of the last such recordation. (d) The commission shall set an effective date for any incorporation. The authority of the commission to set the date of incorporation shall be exclusive, except as provided in Section 57203. (Amended by Stats. 1991, Ch. 37, Sec. 5. Effective May 28, 1991.)
  103. 57203.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer must record and file a certificate of completion within 90 days after the election; if unable to do so, the Secretary of State may step in.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57203. The executive officer shall record, no later than 90 days after the election, a certified copy of the certificate of completion with the county recorder of each county in which all or any part of the territory included in the change of organization or reorganization is located, and shall file a certified copy of the certificate of completion, indicating the recording numbers affixed by the county recorder, with the clerk of the legislative body of each local agency subject to the change of organization or reorganization. If the executive officer is for any reason unable to comply with this section, the Secretary of State, upon confirmation by the county recorder that the certificate of completion has not been recorded within the time period provided in this section, may perform the duties of the executive officer upon receiving notice of the failure of the executive officer to so perform. After recordation of the certificate of completion by the executive officer, the recorder shall file with the county surveyor a copy of the boundary description included in the certificate of completion as provided by subdivision (c) of Section 57201. (Amended by Stats. 1991, Ch. 37, Sec. 6. Effective May 28, 1991.)
  104. 57204.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The executive officer must file boundary-change statements with specified local tax officials, and the Board of Equalization must pass related information to state officials.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION [57000 - 57204] ( Part 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization [57200 - 57204] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57204. (a) The executive officer shall file the statement of boundary change or creation with the Board of Equalization, the county assessor, and the county auditor as may be provided for by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5. (b) The Board of Equalization shall distribute relevant information from the statements of boundary changes or creations to the Department of Finance, the Controller, and to the Secretary of State, as appropriate. (Amended by Stats. 1992, Ch. 491, Sec. 2. Effective January 1, 1993.)
  105. 57300.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Proceedings completed under this division must not change the boundaries of any Assembly or Senatorial district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57300. Any proceeding completed pursuant to this division shall not alter or affect the boundaries of any Assembly or Senatorial district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  106. 57301.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A city council may reexamine its council district boundaries after annexing, detaching, or consolidating territory, but only within the period between decennial federal censuses.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57301. If at any time between each decennial federal census, a city annexes or detaches territory or consolidates with another city, the city council of the city annexing or detaching the territory or the city council of the successor city, may reexamine the boundaries of its council districts pursuant to Section 21603 or 21623 of the Elections Code, as applicable. (Amended by Stats. 2023, Ch. 343, Sec. 60. (AB 764) Effective January 1, 2024.)
  107. 57302.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section says the general rules in this part apply only when the commission does not impose Section 56886 terms and conditions.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57302. The general provisions of this part shall apply only if the commission does not impose terms and conditions on any change of organization or reorganization pursuant to Section 56886. If a change of organization or a reorganization specifically provides for, and is made subject to any of, the terms and conditions authorized by Section 56886, the specific terms and conditions shall be deemed to be the exclusive terms and conditions of the change of organization or reorganization and shall control over the general provisions of this part. Any of those terms and conditions may be provided for, and be made applicable to, any affected county, affected city, or affected district, to all or any part of the territory of the county, city, or district, to any territory proposed to be annexed to the county, city, or district and to the owner or owners of property within that territory. The general provisions of this part shall not be construed as limiting in any manner the authority of the commission to impose one or more of the terms and conditions set forth in Section 56886. (Amended by Stats. 2002, Ch. 548, Sec. 36. Effective January 1, 2003.)
  108. 57303.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If no determination is made under Section 56886(d), a change of organization or reorganization does not affect the principal amount of bonded indebtedness for a city, county, or district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 1. General [57300 - 57303] ( Chapter 1 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57303. If no determination is made pursuant to subdivision (d) of Section 56886, the principal amount of bonded indebtedness which may be incurred or assumed by any city, county, or district, under any statute or charter provision imposing a limitation on bonded indebtedness, shall not be affected by any change of organization or reorganization. (Amended by Stats. 2000, Ch. 761, Sec. 279. Effective January 1, 2001.)
  109. 57325.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After an annexation takes effect, the annexed territory’s inhabitants and qualifying voters are subject to the city or district’s jurisdiction and receive the same rights and duties as if the area had originally been part of it, unless this chapter says otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57325. On and after the effective date of an annexation, the territory annexed to a city or district, all inhabitants of that territory, and all persons entitled to vote by reason of residing or owning land within that territory shall be subject to the jurisdiction of the city or district and, except as otherwise provided in this chapter, shall have the same rights and duties as if the territory had been a part of the city or district upon its original incorporation or formation. (Amended by Stats. 1985, Ch. 1599, Sec. 26.)
  110. 57326.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A city and a district may agree that the district will keep providing services to annexed territory until the end of the fiscal year.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57326. As an alternative to any procedure prescribed by law for the division of taxes or assessments collected in a district lying partially or wholly in territory annexed by an incorporated city, the city and the district may enter into an agreement providing that the district shall continue to perform services for the annexed territory until the close of the fiscal year for which the district has levied taxes or assessments. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  111. 57327.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Payment cannot be required for use, or the right to use, existing district or city property because territory is annexed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57327. No payment for the use, or right of use, of the existing property, real or personal, of any district or city shall be required by reason of the annexation of territory to that district or city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  112. 57328.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Annexed territory is liable for certain city or district bond and contract payments, and the city or district may collect taxes or charges needed to cover them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57328. Any territory annexed to a city or district shall be liable for payment of principal, interest, and any other amounts which shall become due on account of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of the city or district, but not of any improvement district within the district. It shall be subject to the levying or fixing and collection of any of the following which may be necessary to provide for that payment: (a) Taxes or assessments. (b) Service charges, rentals, or rates. (c) Both taxes or assessments and service charges, rentals, or rates. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  113. 57329.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    On annexation, certain county-road roads in the annexed unincorporated territory become city streets on the annexation’s effective date. Roads accepted into the county road system after certain annexation-related dates are excluded, and the city is not required to improve the roads to city standards.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57329. (a) If unincorporated territory was, or is hereafter, annexed to a city, all roads and highways or portions of a road or highway in the territory which had been accepted into the county road system pursuant to Section 941 of the Streets and Highways Code are, or shall become, as the case may be, city streets on the effective date of the annexation. (b) Subdivision (a) does not apply to a road or highway which had been accepted into the county road system pursuant to Section 941 of the Streets and Highways Code after the date of the first signature on a petition for annexation or incorporation, the adoption of a resolution of application by an affected local agency, or a date mutually agreed upon by the city and the county. (c) Nothing in subdivision (a) requires a city to improve the affected road or highway to city standards. (Added by Stats. 1991, Ch. 531, Sec. 1.)
  114. 57330.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Territory annexed to a city or district is subject to previously authorized local taxes, benefit assessments, fees, and charges.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57330. Any territory annexed to a city or district shall be subject to the levying or fixing and collection of any previously authorized taxes, benefit assessments, fees, or charges of the city or district. (Added by Stats. 1993, Ch. 1195, Sec. 14.7. Effective January 1, 1994.)
  115. 57330.5.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a city annexes land covered by a Williamson Act contract and succeeds to that contract, it takes on the contract’s rights, duties, and powers. If it chooses not to succeed, it must record a certificate of contract termination.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 2. Effect of Annexation [57325 - 57330.5] ( Chapter 2 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57330.5. (a) If a city annexes land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), and the city succeeds to the contract pursuant to either Section 51243 or Section 51243.5, then on and after the effective date of the annexation, the city has all of the rights, duties, and powers imposed by that contract. (b) If a city annexes land that is subject to a contract executed pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Division 1), and the city exercises its option to not succeed to the contract pursuant to Section 51243.5, then the city shall record a certificate of contract termination pursuant to that section. (Added by Stats. 1998, Ch. 590, Sec. 8. Effective January 1, 1999.)
  116. 57350.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a detachment becomes effective, the detached territory, its inhabitants, and former voters stop being subject to the city or district and lose the rights and duties of the remaining territory, inhabitants, or voters, unless this chapter provides otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57350. Except as otherwise provided in this chapter, on and after the effective date of a detachment, the territory detached from a city or district, all inhabitants within the territory, and all persons formerly entitled to vote by reason of residing within the territory shall cease to be subject to the jurisdiction of the city or district and shall have none of the rights or duties of the remaining territory, inhabitants, or voters of the city or district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  117. 57351.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Unless the detachment terms say otherwise, the city may levy and collect from the detached territory its share of liability for the city’s pre-detachment debts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57351. Unless otherwise provided in the terms and conditions of the detachment, the city from which territory is detached may from time to time levy and collect from the detached territory its just proportion of liability for payment of the interest and principal of debts of the city contracted prior to detachment. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  118. 57352.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A detached territory may pay the amount it owes to the city council or district legislative body, and if it does, the city or district can no longer levy taxes on that territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57352. At any time, the detached territory may tender to the city council of the city or the legislative body of the district the amount for which the detached territory is liable. If tender is made, the authority of the city or district to levy taxes on the detached territory shall cease. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  119. 57353.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People in territory detached from a district or city are not entitled to claim the district or city’s funds or property, or refunds of pre-detachment taxes, assessments, service charges, rentals, or rates.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57353. No inhabitant, property owner, taxpayer, consumer, or user within territory detached from a district or city shall be entitled to either of the following: (a) All or any part or to any payment on account of the moneys or funds, including cash on hand and moneys due but uncollected, or any property, real or personal, of the city or district. (b) Any refund by reason of any taxes, assessments, service charges, rentals, or rates collected prior to the effective date of the detachment. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  120. 57354.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Detached territory stays liable for outstanding bond and contract-related payments, and may be charged taxes, assessments, or service charges to cover them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 3. Effect of Detachment [57350 - 57354] ( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57354. Any territory detached from a city or district shall continue to be liable for the payment of principal, interest, and any other amounts which become due on account of any bonds, including revenue bonds, or other contracts or obligations of the district and any improvement district within which the detached territory has been situated, as are outstanding on the effective date of detachment. It shall be subject to the levying or fixing and collection of any of the following which may be necessary to provide for that payment: (a) Taxes or assessments. (b) Service charges, rentals, or rates. (c) Both taxes or assessments and service charges, rentals, or rates. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  121. 57375.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After an incorporation becomes effective, the incorporated territory, its inhabitants, and certain voters are subject to the city’s jurisdiction, except where this chapter says otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57375. Except as otherwise provided in this chapter, on and after the effective date of an incorporation, the territory incorporated, all inhabitants within the territory, and all persons entitled to vote within the newly incorporated city by reason of residing in the city are subject to the jurisdiction of the city and shall have the rights and duties conferred on them as inhabitants and voters of the incorporated city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  122. 57376.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A newly incorporated city must quickly adopt an ordinance keeping prior county ordinances in effect for 120 days, with special rules for Orange County and certain joint powers agreements.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57376. (a) If the newly incorporated city comprises territory formerly unincorporated, the city council shall, immediately following its organization and prior to performing any other official act, adopt an ordinance providing that all county ordinances previously applicable shall remain in full force and effect as city ordinances for a period of 120 days after incorporation, or until the city council has enacted ordinances superseding the county ordinances, whichever occurs first. However, if the Board of Supervisors of the County of Orange has adopted an ordinance or resolution, or both, pursuant to Section 50029 or 66484. 3 prior to the effective date of an incorporation of a city within that county, that ordinance or resolution shall not be repealed or superseded by the city until the county ordinance or resolution has been repealed or superseded by the board of supervisors of that county. If the county ordinance or resolution is repealed or superseded, then within 30 days of the effective date of the ordinance or resolution repealing or superseding the county ordinance or resolution, the city council shall enact a new ordinance or resolution conforming in all respects to the action taken by the county. The ordinance enacted by the city council immediately following its organization also shall provide that no city ordinance enacted within that 120-day period of time be deemed to supersede any county ordinance unless the city ordinance specifically refers to the county ordinance, and states an intention to supersede it. Enforcement of the continuing county ordinances in the incorporated area shall be by the city, except insofar as enforcement services are furnished in accordance with Section 57384. (b) In the event that the County of Orange and any city within that county have entered into a joint powers agreement for the purpose of constructing the bridges and major thoroughfares referred to in Sections 50029 and 66484.3, and if a newly incorporated city within that county comprises territory formerly unincorporated but within an area of benefit established pursuant to Section 66484.3, then the city shall comply in all respects with the agreement, including any subsequent modifications thereof, as if the city were a party thereto. (Amended by Stats. 1987, Ch. 1349, Sec. 3.)
  123. 57377.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    This section sets how long certain city officers and city council members serve after incorporation, including tie-breaking by lot.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57377. Officers, except members of the city council, shall hold office until the first succeeding general municipal election held in the city and until their successors are elected and qualified. Of the five elected members of the city council, the two receiving the lowest number of votes shall hold office until the first succeeding general municipal election held in the city and until their successors are elected and qualified, and the three receiving the highest number of votes shall hold office until the second succeeding general municipal election held in the city and until their successors are elected and qualified. If two or more members of the city council are elected by the same number of votes, the terms of each shall be determined by lot. The members of the city council elected to succeed the members elected at the incorporation election shall hold office for four years from the Tuesday succeeding their election, and until their successors are elected and qualified. (Amended by Stats. 2010, Ch. 47, Sec. 9. (AB 2795) Effective January 1, 2011.)
  124. 57378.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If voters in an incorporation election choose district-based city council elections, Article 2 applies to those elections.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57378. If the voters in the incorporation election determine that future city council members shall be elected “by districts,” or “from districts,” the provisions of Article 2 (commencing with Section 34870) of Chapter 4 of Part 1 of Division 2 shall apply to those elections. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  125. 57379.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Some newly elected city council members serve longer terms tied to later municipal elections, depending on the timing of the first general municipal election after incorporation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57379. If the first general municipal election following an incorporation election will occur less than one year after the effective date of incorporation, or occurred on or after November 1, 1987, and less than one year after the incorporation election, of the five elected members of the city council, the two receiving the lowest number of votes shall hold office until the second general municipal election following the incorporation election and until their successors are elected and qualified, and the three receiving the highest number of votes shall hold office until the third general municipal election following the incorporation election and until their successors are elected and qualified. The first general municipal election following the incorporation election shall not be held unless either a proposition is to be voted upon or offices other than city council member offices are to be filled. In the event that, pursuant to Section 56724, the first election for city council members was held after the election on the incorporation proposal, the term “incorporation election” in this section means the first election for city council members. (Amended by Stats. 2010, Ch. 47, Sec. 10. (AB 2795) Effective January 1, 2011.)
  126. 57380.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

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    Courts must take judicial notice of the organization and existence of cities incorporated under this division.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57380. Courts shall take judicial notice of the organization and existence of cities incorporated pursuant to this division. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  127. 57381.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When the elected officers qualify, anyone currently holding the city offices must give up possession of those offices, even if their own terms have not ended.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57381. Immediately upon qualification of the elected officers, all persons in possession of the offices of the city shall surrender the possession of the offices, though the terms of the offices for which they were elected or appointed have not expired. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  128. 57382.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People holding city-use property in trust must transfer it to the city or to the officer entitled to receive it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57382. All officers, boards, and persons holding any property in trust for any city use shall convey that property to the city or officer entitled to the property. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  129. 57384.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A county board of supervisors must keep providing certain services to a newly incorporated city, and the city may have to reimburse the county for the net cost of those services in some cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57384. (a) Except as provided in subdivision (b), whenever a city has been incorporated from territory formerly unincorporated, the board of supervisors shall continue to furnish, without additional charge, to the area incorporated all services furnished to the area prior to the incorporation. Those services shall be furnished for the remainder of the fiscal year during which the incorporation became effective or until the city council requests discontinuance of the services, whichever occurs first. (b) This subdivision applies only to incorporations for which the petition or resolution of application for incorporation is filed with the commission on or after January 1, 1987. Prior to the commission adopting a resolution making determinations, the board of supervisors may request that the city reimburse the county for the net cost of services provided pursuant to subdivision (a). The commission shall impose this requirement as a term and condition of its resolution. The city shall be obligated to reimburse the county within five years of the effective date of the incorporation or for a period in excess of five years, if the board of supervisors agrees to a longer period. As used in this subdivision, “net cost of services” means the total direct and indirect expense to the county of providing services, as determined pursuant to paragraph (2) of subdivision (c) of Section 56810, adjusted by any subsequent change in the California Consumer Price Index, less any revenues which the county retains that were generated from the formerly unincorporated territory during the period of time the services are furnished pursuant to subdivision (a). This subdivision applies only to those services which are to be assumed by the city. (c) At the request of the city council, the board of supervisors, by resolution, may determine to furnish, without charge, to the area incorporated all or a portion of services furnished to the area prior to the incorporation for an additional period of time after the end of the fiscal year during which the incorporation became effective. The additional period of time after the end of the fiscal year during which the incorporation became effective for which the board of supervisors determines to provide services, without charge, and the specific services to be provided shall be specifically stated in the resolution adopted by the board of supervisors. (Amended by Stats. 2000, Ch. 761, Sec. 281. Effective January 1, 2001.)
  130. 57385.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When unincorporated territory is incorporated, eligible county-road roads and highways in that territory become city streets on the incorporation date.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 4. Effect of Incorporation [57375 - 57385] ( Chapter 4 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57385. (a) If unincorporated territory was, or hereafter becomes, incorporated, all roads and highways or portions of a road or highway in the territory which had been accepted into the county road system pursuant to Section 941 of the Streets and Highways Code are, or shall become, as the case may be, city streets on the effective date of the incorporation. (b) Subdivision (a) does not apply to a road or highway which had been accepted into the county road system pursuant to Section 941 of the Streets and Highways Code after the date of the first signature on a petition for annexation or incorporation, the adoption of a resolution of application by an affected local agency, or a date mutually agreed upon by the city and the county. (c) Nothing in subdivision (a) requires a city to improve the affected road or highway to city standards. (Added by Stats. 1991, Ch. 531, Sec. 2.)
  131. 57400.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a city is disincorporated, its territory, inhabitants, and former voters stop being subject to the city’s jurisdiction and lose the rights and duties of city inhabitants or voters, unless this chapter provides otherwise.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57400. Except as otherwise provided in this chapter, on and after the effective date of a disincorporation, the territory of the disincorporated city, all inhabitants within the territory, and all persons formerly entitled to vote by reason of residing within the territory shall cease to be subject to the jurisdiction of the disincorporated city and shall have none of the rights or duties of inhabitants or voters of a city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  132. 57401.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Before disincorporation takes effect, public property held or controlled by city officers or employees must be transferred to the successor or successors designated by the commission.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57401. Prior to the effective date of the disincorporation, all public property of the disincorporating city under the control of, or in the possession of, any public officer or employee of the city shall be transferred to the possession and control of the successor or successors designated by the commission. (Amended by Stats. 2015, Ch. 304, Sec. 12. (AB 851) Effective January 1, 2016.)
  133. 57403.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a disincorporation election, the city council must turn over all city money it has to the county treasurer within 30 days and before the disincorporation takes effect.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57403. Within 30 days after the disincorporation election but prior to the effective date of the disincorporation, the city council of the disincorporated city shall turn over to the county treasurer all city money in its possession. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  134. 57405.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a disincorporated city still has uncollected taxes or assessments, the county tax collector must collect them when due and pay them into the county treasury.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57405. If a tax or assessment has been levied by the disincorporated city and remains uncollected, the county tax collector shall collect it when due and pay it into the county treasury on behalf of the designated successor agency or county to wind up the affairs of the disincorporated city. (Amended by Stats. 2016, Ch. 163, Sec. 3. (AB 2032) Effective January 1, 2017.)
  135. 57406.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    An interested party may redeem certain property after disincorporation by paying the county treasurer the amount the auditor says would have been needed without disincorporation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57406. All property upon which any tax levied by the disincorporated city has become delinquent, and all property sold for any tax levied by the disincorporated city, may be redeemed by any interested party, on payment to the county treasurer of the sum which the auditor estimates would have been necessary to redeem the property if there had been no disincorporation. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  136. 57407.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Money paid into the county treasury under this chapter must be credited to a special fund for settling the affairs of the disincorporated city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57407. All money paid into the county treasury pursuant to this chapter shall be placed to the credit of a special fund established for the purpose of settling the affairs of the disincorporated city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  137. 57408.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The board of supervisors must draw warrants for city indebtedness on the special fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57408. Warrants for city indebtedness shall be drawn by the board of supervisors on the special fund. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  138. 57411.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After debts are paid, the board of supervisors may direct any remaining special-fund surplus to local districts or street improvements in the former city area.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57411. Any surplus remaining in the special fund after the payment of any debts shall be, at the discretion of the board of supervisors, transferred to the school districts, community college districts, or districts included in the former city or used for the improvement of streets within the territory of the former city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  139. 57412.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The successor’s governing body must collect debts owed to the city and wind up the city’s affairs. If the commission orders it, the successor’s appropriate officer must also do any act needed to wind up those affairs.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57412. The governing body of the successor shall provide for collection of debts due the city and wind up its affairs. Upon an order by the commission, the appropriate officer of the successor shall perform any act necessary for winding up the city affairs, with the same effect as if it had been performed by the proper city officer. (Amended by Stats. 2016, Ch. 163, Sec. 4. (AB 2032) Effective January 1, 2017.)
  140. 57413.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After disincorporation, the county takes over the city’s debt-related rights and may collect or sue for those debts in the county’s name.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57413. The county succeeds to all of the rights of the city in the debts and may collect or sue for them in the name of the county. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  141. 57414.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Costs and expenses incurred in winding up city affairs are treated as part of the special fund.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57414. All costs and expenses incurred in winding up city affairs are part of the special fund. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  142. 57415.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The board of supervisors may, by ordinance, take control of and keep administering certain city-owned utility plants and systems after disincorporation.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57415. By ordinance, the board of supervisors may assume control of, and continue to administer, all electric, power, lighting, or gas plants and all systems of waterworks, street lighting, or any other public utility owned by the city at the time of its disincorporation. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  143. 57417.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Sums collected must be placed in a separate fund in the county treasury.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57417. All sums collected shall be placed in a separate fund in the county treasury for the administration, conduct, and improvement of the public utility for which the tax is levied. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  144. 57418.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a city meets the stated property-value threshold at incorporation, it becomes owner of the former disincorporated city’s public property and assumes a proportional share of its debts, liabilities, and credits.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57418. If any city has within its boundaries, at the time of incorporation, at least two-thirds of the assessed value of an assessable property formerly contained within a disincorporated city, it becomes the owner of all public property formerly belonging to the disincorporated city and that proportion of the debts, liabilities, and credits owned by or due to the disincorporated city as the value of the assessable property of the disincorporated city lying within the boundaries of the new city bears to the value of all assessable property formerly contained within the disincorporated city. The value is that shown by the equalized assessment roll in effect in the fiscal year in which the city was disincorporated. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  145. 57419.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Tax may not be levied on territory outside the former limits of a disincorporated city for that city’s debt or liability.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57419. No tax shall be levied upon any territory not included within the former limits of the disincorporated city for any debt or liability of the disincorporated city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  146. 57420.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    On written request from a newly incorporated city’s legislative body, the board of supervisors must have the county auditor prepare a property-value statement. If the statement shows the two-thirds threshold is met, the board must set the relative proportion and the newly incorporated city becomes liable for that share of the disincorporated city’s debts and liabilities.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57420. Upon written request by the legislative body of a newly incorporated city, the board of supervisors shall cause the county auditor to prepare, without cost, a statement of the value of the assessable property in the disincorporated city and the value of that property now contained in the incorporated city. If the statement shows that at least two-thirds of the assessed value of all assessable property formerly contained within the disincorporated city is contained within the boundaries of the newly incorporated city, the board of supervisors shall fix the relative proportion by an order entered in the minutes, and the newly incorporated city is liable for that proportion of the debts and liabilities of the disincorporated city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  147. 57421.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The board of supervisors must send a certified copy of the order to the Secretary of State and the city clerk, and must turn over public property and the city’s share of the special fund to the city council.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57421. The board of supervisors shall forward a certified copy of the order to the Secretary of State and the city clerk, and turn over to the city council all public property taken by the board of supervisors and the proportion of the special fund to which the city is entitled. Thereafter, ownership of, and title to, all public property formerly belonging to the disincorporated city is vested in the city as fully as if the property had been originally acquired by it. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  148. 57422.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The city council must annually levy and collect a special tax for the disincorporated city area.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57422. Annually, at the time other city taxes are levied and collected, the city council shall levy and collect a special tax on the territory of the disincorporated city within the limits of the city sufficient to pay its proportion of the bonded indebtedness as it becomes due. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  149. 57425.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If property in a former city area was sold for the city’s taxes, it can be redeemed or a tax bond issued, and related proceedings and deeds must proceed in the name of the city where the land is located.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57425. If any property within the former limits of the disincorporated city was sold for taxes levied by that city, it may be redeemed or a tax bond issued as if the city had not disincorporated. Those proceedings shall be had and deeds issued in the name of the city in which the land is situated. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  150. 57426.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a city is disincorporated, the county must treat the city’s prior general plan and zoning ordinances as the county’s plan and zoning for that territory until the county updates them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 5. Effect of Disincorporation [57400 - 57426] ( Chapter 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57426. As of the effective date of the disincorporation, all of the following apply: (a) The general plan of the disincorporated city that was in effect immediately prior to the effective date of the disincorporation shall constitute the community plan of the county for the territory of the disincorporated city until the county updates the community plan, adopts a specific plan, or amends its county general plan for the unincorporated territory. (b) The zoning ordinances of the disincorporated city that were in effect immediately prior to the effective date of the disincorporation shall constitute the zoning ordinances of the county for that territory, and shall be so identified in any community plan, specific plan, or general plan amendment adopted by the county, until the county updates the zoning ordinances applicable to that territory. (c) Any conditional use permit or legal nonconforming use that was in place immediately prior to the effective date of the disincorporation shall remain in force pursuant to the community plan and zoning ordinances. (d) Any use of land that was authorized under the general plan and zoning ordinances immediately prior to the effective date of the disincorporation shall continue to be authorized, for as long a period as may be required by the California Constitution or United States Constitution. (Added by Stats. 2015, Ch. 304, Sec. 21. (AB 851) Effective January 1, 2016.)
  151. 57450.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a district is dissolved, it must be dissolved, disincorporated, extinguished, and its corporate powers end, except for winding up and any commission action allowed by Section 56886.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57450. On and after the effective date of the dissolution of a district, the district shall be dissolved, disincorporated, and extinguished, its existence shall be terminated, and all of its corporate powers shall cease, except as the commission may otherwise provide pursuant to Section 56886 or for the purpose of winding up the affairs of the district and as otherwise provided in this chapter. The general provisions of this chapter shall not be construed as limiting in any manner the authority of the commission to impose one or more of the terms and conditions set forth in Section 56886. (Amended by Stats. 2002, Ch. 548, Sec. 37. Effective January 1, 2003.)
  152. 57451.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    This section says how to determine the successor of a dissolved district when its affairs are being wound up.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57451. For the purpose of winding up the affairs of a dissolved district, the successor of the dissolved district shall be determined as follows: (a) If the territory of a dissolved district is located entirely within the incorporated territory of a single city, the city is the successor. (b) If the territory of a dissolved district is located entirely within the unincorporated territory of a single county, the county is the successor. (c) If the territory of a dissolved district is located within the incorporated territory of more than one city or the unincorporated territory of more than one county, or any combination of the incorporated or unincorporated territory of two or more such cities and counties, the successor is that city whose incorporated territory or that county whose unincorporated territory shall, upon the effective date of dissolution, contain the greater assessed value of all taxable property within the territory of the dissolved district, as shown on the last equalized assessment roll or rolls of the county or counties. (d) If the terms and conditions provide that all of the remaining assets of a dissolved district shall be distributed to a single existing district, the single existing district is the successor. (e) If the terms and conditions provide that all of the remaining assets of a dissolved district shall be distributed to two or more existing districts, the successor is that existing district which, upon the effective date of dissolution, contains the greater assessed value of all taxable property within the territory of the dissolved district, as shown on the last equalized assessment roll or rolls of the county or counties. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  153. 57452.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a district is dissolved, the successor gets control of the district’s money, funds, and property on the effective date of dissolution.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57452. Upon the effective date of dissolution control over all of the moneys or funds, including cash on hand and moneys due but uncollected, and all property, real or personal, of the dissolved district is vested in the successor for the purpose of winding up the affairs of the district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  154. 57453.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    For winding up a dissolved district, the successor and its officers and legislative body get the same powers and duties as the dissolved district, plus extra powers to dispose of property, settle claims, and sue or be sued.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57453. For the sole and exclusive purpose of winding up the affairs of the dissolved district, the successor and the officers and legislative body of the successor have the same powers and duties as the dissolved district and the officers and legislative body of the dissolved district and all of the following additional powers and duties: (a) To exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved district. (b) To compromise and settle claims of every kind and nature. (c) To sue or be sued in the same manner and to the same extent as the dissolved district and the officers and legislative body of the dissolved district. These powers and duties shall commence upon the effective date of dissolution and shall continue thereafter until the time when the affairs of the dissolved district have been completely wound up. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  155. 57454.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People and users in a dissolved district are not entitled to the district’s property or funds, and they are not entitled to refunds for certain pre-dissolution charges.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57454. No inhabitant, property owner, taxpayer, consumer, or user within the territory of a dissolved district shall be entitled to either of the following: (a) All or any part, or to any payment on account of the moneys or funds, including cash on hand and moneys due but uncollected, or any property, real or personal, of the dissolved district. (b) Any refund by reason of any taxes, assessments, service charges, rentals, or rates collected prior to the effective date of dissolution. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  156. 57455.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Money and funds from a dissolved district, including money from sales of its property, must be used as needed to pay its outstanding bonds, revenue bonds, and other contracts or obligations.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57455. Any moneys and funds of the dissolved district and any moneys or funds received by the successor from the sale or other disposition of any property, real or personal, of the dissolved district shall be used to the extent necessary, for the payment of principal, interest and any other amounts then or thereafter due on account of any outstanding bonds, including revenue bonds, and other contracts or obligations of the dissolved district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  157. 57456.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After all short-term obligations of a dissolved district are paid or provided for, the successor must distribute the remaining assets as Section 57457 provides.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57456. (a) When the successor determines that payment, or provision for payment, has been made of all short-term obligations of the dissolved district, the successor shall distribute any of the remaining assets of the dissolved district in the manner provided in Section 57457. (b) “Short-term obligations,” as used in subdivision (a), includes all amounts which shall be due and payable, prior to the end of the fiscal year commencing next after the effective date of dissolution, upon any outstanding bonds, including revenue bonds, and other contracts or obligations of the dissolved district. All other obligations shall be long-term obligations. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  158. 57457.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a district is dissolved, its successor must distribute the remaining assets according to where the dissolved district’s territory is located.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57457. Remaining assets of the dissolved district shall be distributed by the successor as follows: (a) If the territory of the dissolved district is located entirely within the incorporated territory of a single city, all of the assets shall be distributed to that city. (b) If the territory of the dissolved district is located entirely within the unincorporated territory of a single county, all the assets of the dissolved district shall be distributed to that county. (c) If the territory of a dissolved district is located within the incorporated territory of more than one city, or the unincorporated territory of more than one county, or any combination of the incorporated or unincorporated territory of two or more such cities and counties, the assets of the dissolved district shall be apportioned between all such cities and counties and distributed as follows: (1) All real property located within the incorporated territory of any city or within the unincorporated territory of any county, as the case may be, shall be distributed to that city or county. (2) All moneys or funds including cash on hand and money due but uncollected and all personal property shall be divided among and distributed to each city or county in the proportion that the assessed value of the taxable property of the dissolved district within the incorporated territory of each city or within the unincorporated territory of each county shall bear to the total assessed value of all taxable property within the dissolved district, the assessed values being those shown upon the last equalized assessment roll or rolls of the county or counties upon the effective date of the dissolution. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  159. 57458.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Until outstanding long-term obligations are paid or provided for, the successor’s legislative body must each year levy and collect taxes or assessments on the property to cover amounts due.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57458. Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding long-term obligations, which are payable in whole or in part from taxes or assessments upon any property within all or any part of the territory of a dissolved district, the legislative body of the successor shall in each year provide for the levy and collection of taxes or assessments upon the property sufficient to pay any principal, interest, and any other amounts owing on account of such obligations, as they become due. Those taxes or assessments shall be levied and collected in the manner provided by the principal act of the dissolved district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  160. 57459.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Until certain outstanding bond and contract amounts are paid or provided for, the successor may not dispose of the revenue-producing enterprise or its revenues, and may not distribute less than the whole enterprise to a city or county.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57459. Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding bonds, contracts, or other obligations which are payable in whole or in part from the revenues of a revenue-producing enterprise of the dissolved district, the successor shall not do either of the following: (a) Sell, encumber, or otherwise dispose of all or any part of the revenue-producing enterprise or the revenues derived from that enterprise, except as expressly authorized by the ordinance, resolution, or indenture authorizing or providing for the issuance of any of the bonds, contracts, or other obligations. (b) Distribute less than the whole of the revenue-producing enterprise to any city or county. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  161. 57460.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If the successor cannot distribute a revenue-producing enterprise because of Section 57459, it must keep the enterprise and its revenues until related debts and obligations are paid or provided for, then distribute them under Section 57457.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57460. If at the time of distribution more than one city or county or any combination of cities or counties are entitled to distribution of portions of a revenue-producing enterprise but the successor is unable to distribute the same because of Section 57459, the successor shall retain the revenue-producing enterprise and all revenues derived from that enterprise until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of outstanding bonds, contracts, or other obligations which are payable in whole or in part from the revenues of the enterprise, at which time the successor shall distribute the enterprise and any revenues derived therefrom in accordance with Section 57457. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  162. 57461.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If certain dissolution-related obligations are outstanding, the successor or a city or county must take over the dissolved district’s rights and liabilities, and may sue or be sued on them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57461. Where any bonds, contracts, or other obligations which are payable in whole or in part from the revenues of a revenue-producing enterprise are outstanding upon the effective date of dissolution, the successor, prior to distribution, or any city or county, after distribution, shall succeed to all rights and liabilities of the dissolved district under any ordinance, resolution, or indenture authorizing the bonds, contracts, or other obligations or providing for the issuance of the bonds, contracts, or other obligations and may sue or be sued upon those rights and liability in the same manner and to the same extent as the dissolved district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  163. 57462.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Funds, money, or property of a dissolved district that are subject to a public trust must remain subject to that trust until the trust is vacated, abandoned, or terminated as provided by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57462. Any funds, money, or property of a dissolved district which have been impressed with any public trust, use, or purpose shall continue to be so impressed until that 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.)
  164. 57463.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Money or property from a dissolved district may be used by the successor to wind up the district’s affairs, and once distributed to a city, county, or district it may be used for any lawful purpose of that recipient.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 6. Effect of Dissolution [57450 - 57463] ( Chapter 6 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57463. Subject to the provisions of Section 57462, any funds, money, or property of a dissolved district may be used by the successor for the purpose of winding up the affairs of the district and, after distribution to any city, county, or district may be used for any lawful purpose of the city, county, or district to which the funds, money, or property have been distributed. So far as may be practicable, the funds, money, or property shall be used for the benefit of the lands, inhabitants, and taxpayers within the territory of the dissolved district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  165. 57475.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The successor city must be governed as a new city in specified cases, and its elected officers must take office immediately upon qualifying.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57475. If the successor city has a freeholder’s charter, the successor city shall be governed as a new city under the freeholder’s charter of the successor city. If the successor city was organized under former Part 2 (commencing with Section 35000) of Division 2 of Title 4, or its predecessors, the successor city shall be governed in the same manner as a new city. Except as otherwise provided in this chapter, the successor city shall be governed in the name of the successor city. If the electors have expressed a preference for the name of the successor city, the successor city is deemed to have the name favored by the electors. The predecessor cities are dissolved and disincorporated and if any of them has a freeholder’s charter, it is deemed surrendered and annulled and they are merged into the successor city. Immediately upon qualifying, the officers of the successor city who have been elected shall enter upon the duties of their offices and hold office until the next general municipal election and until their successors are elected and qualified. All persons in possession of, or occupying, the offices in each of the predecessor cities shall surrender them immediately to the proper officers of the successor city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  166. 57476.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When cities consolidate, title to property held by each predecessor city passes to the successor city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57476. Upon consolidation, the title to any property owned or held by, or in trust for, each predecessor city or by its officers or boards in trust for public use shall be vested in the successor city or its officers or boards. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  167. 57477.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    City consolidation does not change existing debts, liabilities, or pending cases, except as otherwise provided in this division.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57477. Except as otherwise provided in this division, consolidation does not affect any debts, demands, liabilities, or obligations of any kind existing in favor of or against the cities consolidated at the time of consolidation. Consolidation does not affect any pending action or proceeding involving any such debt, demand, liability, or obligation or any action or proceedings brought by or against any city prior to consolidation. The proceedings shall be continued and concluded by final judgment or otherwise as if consolidation had not been effected. Those rights or liabilities are the rights and liabilities of the successor city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  168. 57478.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When cities consolidate, the predecessor cities’ ordinances are automatically repealed.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57478. Immediately upon consolidation, all ordinances of the predecessor cities are deemed repealed. That repeal shall not discharge any person from any existing civil or criminal liability nor affect any pending prosecution for violation of any of those ordinances. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  169. 57479.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Section 57479 limits the repeal rule from Section 57478 and keeps several categories of ordinances and proceedings outside that repeal.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57479. The repeal of ordinances provided by Section 57478 shall not apply to any of the following: (a) Ordinances under which vested rights have accrued. (b) Ordinances relating to proceedings for street or other public improvements. (c) Ordinances relating to zoning or land use regulation. (d) Proceedings for opening, extending, widening, straightening, or changing the grade of streets or other public places. These proceedings shall be continued and conducted by the successor city with the same effect as if continued and conducted by the city which commenced them. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  170. 57480.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a city consolidation takes effect, the successor city’s ordinances continue in full force throughout the successor city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57480. On and after the effective date of the consolidation, all ordinances, if any, of the successor city shall have full effect throughout the successor city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  171. 57481.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Unless the consolidation terms say otherwise, property in consolidated cities cannot be taxed to pay pre-consolidation debts or liabilities of another city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57481. Unless otherwise provided in the terms and conditions of the consolidation, the property in cities consolidated pursuant to this chapter shall not be taxed to pay any indebtedness or liability of any other city contracted or incurred prior to, or existing at, the time of consolidation. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  172. 57482.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The successor city’s council must separately levy and collect taxes needed to pay each predecessor city’s debts or liabilities within each predecessor city’s territory.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57482. The city council of the successor city shall separately levy and collect the taxes necessary to pay the indebtedness or liability of each predecessor city within the territory of each predecessor city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  173. 57483.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A predecessor city, or part of it, may become a borough if the successor city is or becomes a chartered city under a freeholder’s charter that allows boroughs in annexed or consolidated areas.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 7. Effect of Consolidation of Cities [57475 - 57483] ( Chapter 7 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57483. Where the successor city is, or becomes, a chartered city, under a freeholder’s charter providing that boroughs may be established in territories or cities annexed to or consolidated with it, this division does not prevent a predecessor city, or any part of it, from becoming a borough. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  174. 5750.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

    Verify source ↗

    The Legislature states that California needs a savings bond program to help finance infrastructure and give families a simple way to save for higher education and other large expenses.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5750. The Legislature finds and declares all of the following: (a) There is a growing need for the state to finance capital projects to renew and expand the state’s infrastructure through the use of various types of revenue obligations that are paid from the General Fund. (b) The need for these capital expenditures could also offer a simple way for California families to save for the costs of higher education and other significant expenditures that must be planned for over an extended period of time. (c) Families need convenient and simple methods to make secure investments for major expenses, such as funding higher education expenses. (d) The California Savings Bond Program will benefit the state by providing sources of revenue for capital redevelopment projects and will benefit individuals and families by providing a simple and safe method of saving funds for expenses, such as higher education expenses. (e) Families who use this program for college savings should not be penalized by the financial aid system. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  175. 57500.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A consolidated district takes over the powers, rights, duties, obligations, functions, and property of predecessor districts, and the territory, inhabitants, and certain voters are under its jurisdiction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57500. On and after the effective date of a consolidation, the consolidated district succeeds to all of the powers, rights, duties, obligations, functions, and properties of all predecessor districts which have been united or joined into the consolidated district. The territory of a consolidated district, all inhabitants within that territory, and all persons entitled to vote by reason of residing or owning land within the territory are subject to the jurisdiction of the consolidated district and, except as otherwise provided in this chapter, have the same rights and duties as if the consolidated district had been originally formed under 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.)
  176. 57501.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    After a district consolidation, no payment may be required for the use or right to use property acquired or constructed by a predecessor district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57501. No payment for the use, or right of use, of any property, real or personal, acquired or constructed by any predecessor district shall be required by reason of the consolidation of the district with other predecessor districts. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  177. 57502.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    A consolidated district’s territory is liable for debts tied to predecessor districts’ bonds and contracts, with collection through taxes, assessments, or service charges; an improvement district has a narrower liability rule for its own prior bonds or contracts.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 8. Effect of Consolidation of Districts [57500 - 57502] ( Chapter 8 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57502. The territory of a consolidated district shall be liable for payment of principal, interest, and any other amounts which become due on account of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of all predecessor districts, and are subject to the levying or fixing and collection of any of the following which may be necessary to provide for payment: (a) Taxes or assessments. (b) Service charges, rentals, or rates. (c) Both taxes or assessments and service charges, rentals, or rates. However, only the territory within an improvement district shall be liable for any payment required on account of any bonds, including revenue bonds, or other contracts previously authorized or issued by, or on behalf of, the improvement district. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  178. 5751.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including “bonds,” “governing body,” and “state agency.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5751. As used in this chapter, the following terms have the following meanings: (a) “Bonds” means general obligation bonds, revenue bonds, or any derivative evidence of indebtedness which includes, but is not limited to, interests in pools, money market mutual funds, and unit investment trusts, issued by or on behalf of any state agency. (b) “Governing body” means the board, authority, trustees, director, commission, committee, secretary, or other policy making body that exercises authority over a state agency. (c) “State agency” has the same meaning as defined by Section 11000. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  179. 5752.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

    Verify source ↗

    The Treasurer may sell California savings bonds and can ask the governing body to authorize bond terms; the governing body must authorize those terms when the Treasurer determines bonds will be sold.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5752. The Treasurer may sell California savings bonds in accordance with the requirements of this chapter. Notwithstanding any provision of law, when the Treasurer determines that bonds are to be sold, the Treasurer may request the governing body to authorize bonds with the following terms and the governing body shall authorize these terms: (a) The bonds may be issued in a denomination or denominations of any amount or amounts requested by the Treasurer and all bonds of the same issue or same series need not be of the same denomination. (b) The bonds may bear no interest or may bear interest payable only at maturity or at the times and in the manner established in the resolution, indenture, agreement, or other instrument providing for the issuance of the bonds. (c) For purposes of determining the principal amount of bonds outstanding, in the case of any bonds that do not provide for payment of interest on the bond prior to maturity, the principal amount of these bonds shall be the cash price paid by the initial purchasers of the bonds to the state plus the amount of any costs of issuance of the bonds. Within 30 days of the delivery of any bonds, the Treasurer shall submit to the governing body a certificate stating the principal amount of bonds, calculated as stated in this subdivision, which have been sold, and this certification shall be conclusive for all purposes. (d) The bonds may be issued in any form requested by the Treasurer in order to satisfy the requirements of a book entry system of depository trust companies or other similar financial institutions. (e) In addition to the standard designation, the bonds may be designated “California savings bonds” entitled to the benefits of this chapter. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  180. 57525.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a district merges with a city, the district ends and stops existing, unless this chapter provides אחרת.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57525. On and after the effective date of a merger of a district with a city, the district is extinguished, terminated, and its existence ceases, except as otherwise provided in this chapter. (Amended by Stats. 2011, Ch. 300, Sec. 83. (AB 1430) Effective January 1, 2012.)
  181. 57526.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a merger takes effect, the merged district’s money, funds, and property vest in the city.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57526. Upon the effective date of a merger, all of the moneys or funds, including cash on hand and moneys due but uncollected and all property, real or personal, of the merged district is vested in the city. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  182. 57527.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    People in a merged district are not entitled to district assets or refunds tied to pre-merger charges.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57527. No inhabitant, property owner, taxpayer, consumer, or user within the territory of a merged district shall be entitled to either of the following: (a) All or any part, or to any payment on account of the moneys or funds, including cash on hand and moneys due but uncollected, and any property, real or personal, of the merged district. (b) Any refund by reason of any taxes, assessments, service charges, rentals, or rates collected prior to the effective date of merger. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  183. 57528.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Money and funds from the merged district, and related sale proceeds received by the city, must be used as needed to pay outstanding bonds and other obligations of the merged district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57528. Any moneys and funds of the merged district and any moneys or funds received by the city from the sale or other disposition of any property, real or personal, of the merged district shall be used, to the extent necessary, for the payment of principal, interest, and any other amounts then or thereafter due on account of any outstanding bonds, including revenue bonds, and other contracts and obligations 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.)
  184. 57529.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The city council must each year arrange for taxes and assessments on property to pay outstanding obligations tied to a merged district.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57529. Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding obligations, which are payable in whole or in part from taxes or assessments upon any property within all or any part of the territory of a merged district, the city council shall in each year provide for the levy and collection of taxes and assessments upon the property sufficient to pay any principal, interest, and any other amounts owing on account of such obligations, as they become due. Those taxes and assessments shall be levied and collected in the manner provided by the principal act 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.)
  185. 5753.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

    Verify source ↗

    The Treasurer may set bond-sale requirements for financial institutions, including purchase priority rules and limits on how bonds are marketed and sold.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5753. In arranging the sale of bonds, the Treasurer may impose the following requirements on any financial institution that sells the bonds to the public: (a) California residents planning to use the tax-exempt income for college expenses shall have first priority for purchase of the bonds and all other California residents shall be given second priority for purchase of the bonds. (b) The broker or institution marketing the bonds may not establish a minimum order size. (c) As long as the demand by individual investors is greater than the supply of bonds, the bonds shall not be sold to institutional investors. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  186. 57530.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    The city may not sell, encumber, or otherwise dispose of a revenue-producing enterprise or its revenues until all related bond, contract, or other obligation payments have been made or provided for, unless an authorizing ordinance, resolution, or indenture expressly allows it.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 57530. Until payment, or provision for payment, has been made of all principal, interest, and any other amounts owing on account of any outstanding bonds, contracts, or other obligations which are payable in whole or in part from the revenues of a revenue-producing enterprise of the merged district, the city shall not sell, encumber, or otherwise dispose of all or any part of the revenue-producing enterprise or the revenues derived from the enterprise, except as expressly authorized by the ordinance, resolution, or indenture authorizing the bonds, contracts, or other obligations or providing for the issuance of any bonds, contracts, or other obligations. (Added by Stats. 1985, Ch. 541, Sec. 3. Effective September 9, 1985. Operative January 1, 1986, by Sec. 5 of Ch. 541.)
  187. 57531.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a merger leaves outstanding bonds, contracts, or other obligations, the city takes over the merged district’s rights and liabilities and may sue or be sued on them.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  188. 57532.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Funds, money, or property of a merged district that are subject to a public trust must remain subject to that trust until the trust or purpose is ended in the manner provided by law.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  189. 57533.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    Funds, money, or property of a merged district may be used for any lawful city purpose, subject to Section 57532.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  190. 57534.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    When a district becomes a subsidiary district of a city, the city council serves ex officio as the district board of directors, and the district continues to exist subject to one stated exception.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  191. 57535.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. )

    Verify source ↗

    If a court finds an incompatibility from one person holding both offices, it must order that person out of the board of directors seat, but not out of the city council seat.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 9. Mergers and the Establishment of Subsidiary Districts [57525 - 57535] ( Chapter 9 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  192. 5754.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

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    Some bond redeemers may exclude up to $25,000 per student per year from income and net worth calculations for state financial aid.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5754. (a) A person who redeems California savings bonds and who has owned the bonds for at least five years, or a person designated by the owner, may exclude the amount redeemed to a maximum of twenty-five thousand dollars ($25,000), per year per student, adjusted for inflation after January 1, 1993, according to the California Consumer Price Index, from any required calculations of income and net worth for the purpose of making state financial aid determinations for any public or private postsecondary educational institution in this state. This exclusion shall only be available for bonds redeemed or to be redeemed in the 12-month period preceding the date of award for financial aid. Notwithstanding Section 69506 of the Education Code, the modification made by this section to the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking any state-funded financial assistance is determined by the Legislature to be in the best interest of the state. (b) This chapter does not apply to college savings bonds issued by the Treasurer prior to January 1, 1993, except that a person who redeems college savings bonds issued prior to January 1, 1993, and who has owned the bonds for at least five years, or a person designated by the owner, may exclude the amount redeemed to a maximum of twenty-five thousand dollars ($25,000), per year per student, adjusted for inflation after January 1, 1993, according to the California Consumer Price Index, from any required calculations of income and net worth for the purpose of making state financial aid determinations for any public or private postsecondary educational institution in this state. This exclusion shall only be available for bonds redeemed or to be redeemed in the 12-month period preceding the date of award for financial aid. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  193. 5755.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. )

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    The Treasurer’s authority to sell bonds under this chapter is separate and complete, and is not limited by other bond-issuance provisions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979] ( Division 6 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.5. California Savings Bond Program [5750 - 5755] ( Chapter 9.5 added by Stats. 1992, Ch. 954, Sec. 1. ) ## 5755. The general authority of the Treasurer to sell bonds, as provided in this chapter, is intended to be in addition to, and not limited by, specific provisions authorizing the issuance of bonds and is a separate and complete authority for the actions authorized by this chapter. (Added by Stats. 1992, Ch. 954, Sec. 1. Effective January 1, 1993.)
  194. 57550.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 10. Effect of Reorganization [57550- 57550.] ( Chapter 10 added by Stats. 1985, Ch. 541, Sec. 3. )

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    After a reorganization takes effect, each ordered change of organization for a city or district must be treated as having the force and effect for that type of change.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000 - 57550] ( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) ## PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION [57300 - 57550] ( Part 5 added by Stats. 1985, Ch. 541, Sec. 3. ) ## CHAPTER 10. Effect of Reorganization [57550- 57550.] ( Chapter 10 added by Stats. 1985, Ch. 541, Sec. 3. ) ## 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.)
  195. 57600.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    This section defines “local financial institution,” “public bank,” and “public bank license,” and limits some local agencies in smaller counties to organizing a public bank only through a joint powers authority.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)
  196. 57601.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    A public bank may make distributions to its members, despite the referenced Corporations Code sections.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)
  197. 57602.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    A public bank must obtain and keep FDIC deposit insurance.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)
  198. 57603.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    Public banks must get authorization before doing business, local agencies must follow deposit rules unless approved otherwise, and counties/local agencies may invest or lend to public banks in specified cases.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)
  199. 57604.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    A public bank must conduct retail activities through a partnership with local financial institutions, and it must not compete with them, except as allowed by the stated exception. It may also carry out specified banking activities, and it may do retail activities without a partnership if those activities are not offered in the owning local agency’s jurisdiction.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)
  200. 57605.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. )

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    A person or entity, including a local agency, is not treated as a bank holding company just because it owns an interest in a public bank.

    ## Government Code - GOV ## TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) ## DIVISION 5. Public Banks [57600 - 57607] ( Division 5 added by Stats. 2019, Ch. 442, Sec. 16. ) ## 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.)

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