BlackletterCalifornia law

DIVISION 2. ORGANIZATION AND BOUNDARIES [34400. - 34906.]

Division 2 added by Stats. 1949, Ch. 79.

§§ 34400–34906 · 69 sections

  1. PART 1. ORGANIZATION §§ 34400–34906 · 69 sections
    1. CHAPTER 1. Special Charter Cities §§ 34400–34414 · 15 sections
      • § 34400 The legislative body of any city organized or incorporated prior to noon on January 1, 1880, upon receiving a petition requesting the reorganization of the…
      • § 34401 Notice of the election shall be given by publication in a newspaper printed and published in the city or if there is none, by printing and posting in at least…
      • § 34402 The notice shall be given for at least the four weeks prior to the election, and be made a part of the general election notice.
      • § 34403 The notice shall distinctly state the proposition to be submitted and invite the electors to vote upon the proposition by placing upon their ballots “For…
      • § 34404 The votes shall be canvassed at the time and in the manner that other votes cast at the election are canvassed.
      • § 34405 If a majority of all the electors voting at the election vote for reorganization, the legislative body, by an order entered upon the minutes, shall cause the…
      • § 34406 The abstract shall show the whole number of electors voting at the election, the number of votes cast for reorganization, and the number of votes cast against…
      • § 34407 The legislative body shall immediately call a special election, to be held within six weeks, for the election of officers required to be elected.
      • § 34408 The legislative body shall canvass the election, and declare and enter the result upon its journal.
      • § 34409 From the date of the entry, the city is organized with the powers of general law cities.
      • § 34410 Upon qualifying the officers shall enter upon the duties of their offices, and hold office until the next general municipal election held in the city and until…
      • § 34411 Any city organized pursuant to this chapter is deemed for all purposes to be the identical corporation that existed before the reorganization.
      • § 34412 Reorganization does not affect or impair the title to any property owned or held by the city or in trust for it, or any debts, demands, liabilities, or…
      • § 34413 After reorganization proceedings previously commenced shall be conducted pursuant to general laws.
      • § 34414 The provisions of Sections 34331 and 34332 apply to cities organized pursuant to this chapter.
    2. CHAPTER 2. City or City and County Charters §§ 34450–34462 · 14 sections
      • § 34450 Any city or city and county may enact, amend, or repeal a charter for its own government according to this article or Article 3 (commencing with Section 9255)…
      • § 34451 The charter may be proposed by a charter commission chosen by the voters of the city or city and county, at any general or special election, but no person…
      • § 34452 (a) An election for choosing charter commissioners may be called by a majority vote of the governing body of a city or city and county, or on presentation of a…
      • § 34453 At an election the voters shall vote first on the question “Shall a charter commission be elected to propose a new charter?” and, secondly, for the candidates…
      • § 34454 Candidates for the office of charter commissioner shall be nominated either in the same manner provided for the nomination of officers of the municipal or city…
      • § 34455 The charter commissioners shall propose a charter and may propose amendments to a charter, for the government of the city or city and county. The charter so…
      • § 34456 In any city or city and county, the governing body shall cause copies of the charter to be printed in type of not less than 10-point. If the governing body…
      • § 34457 After the charter prepared by the charter commission has been filed in the office of the clerk of the governing body of the city or city and county pursuant to…
      • § 34458 (a) As an alternative to the procedure provided for in Sections 34450 to 34457, inclusive, the governing body of a city or city and county, on its own motion…
      • § 34458.5 A proposal to adopt or amend a charter, whether submitted to the voters pursuant to Section 34457 or 34458, shall include in the ballot description an…
      • § 34459 If the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and…
      • § 34460 Three copies of the complete text of a charter proposal or of any amended or repealed section ratified by the voters of a city or city and county shall be…
      • § 34461 A charter proposal, amendment, or repeal by the voters of a city or city and county and submitted to the Secretary of State in compliance with this chapter…
      • § 34462 (a) A charter commission established for a city and county pursuant to this chapter shall complete a proposed or amended charter and submit the charter to the…
    3. CHAPTER 3. Corporate Name §§ 34500–34504 · 6 sections
      • § 34500 The provisions of this chapter do not apply to chartered cities.
      • § 34501 Every city organized pursuant to this part shall have a name, and by such name has perpetual succession, and may sue and be sued. It shall have a common seal,…
      • § 34501.5 (a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the city in any campaign literature or mass mailing, as defined in…
      • § 34502 The legislative body may, by ordinance adopted by a four-fifths vote of its members, change the name of the city. In the same manner, the legislative body may…
      • § 34503 Within 10 days of the effective date of an ordinance adopted pursuant to Section 34502, or within 10 days of the date the legislative body declares the vote on…
      • § 34504 If an ordinance proposed pursuant to Section 34502 fails passage by the legislative body or if the voters fail to confirm the ordinance, no ordinance changing…
    4. CHAPTER 4. Alternative Forms of Government §§ 34851–34906 · 34 sections
      1. ARTICLE 1. City Manager §§ 34851–34859 · 9 sections
        • § 34851 An ordinance establishing a city manager form of government may be: (a) Enacted by the legislative body; or (b) Submitted to the electors by the legislative…
        • § 34852 The ordinance shall define the powers and duties of the city manager and may fix the city manager’s compensation or the minimum amount the city manager is to…
        • § 34853 Where the ordinance is submitted by the legislative body, the proposition shall be printed on the ballots substantially as follows: “Shall Ordinance No. ____…
        • § 34854 If a majority of the votes cast at the election is in favor of the ordinance, it shall go into effect on the tenth day after the canvass of votes.
        • § 34855 Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the…
        • § 34856 The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except the city attorney. When the offices…
        • § 34857 Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are…
        • § 34858 Any city adopting the city manager form of government may abolish it in the manner in which it was adopted.
        • § 34859 All ordinances establishing a city manager form of government, enacted prior to September 19, 1947, are confirmed, validated, and declared legally effective.
      2. ARTICLE 2. Election of Legislative Body By or From Districts in Cities §§ 34870–34886 · 18 sections
        • § 34870 This article applies only to cities.
        • § 34871 At any municipal election, or special election held for that purpose, the legislative body may submit to the registered voters an ordinance providing for the…
        • § 34872 An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by…
        • § 34873 An ordinance enacted pursuant to this article may be amended or repealed in the same manner; provided, the term of office of any council member elected shall…
        • § 34874 (a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered…
        • § 34875 The amendatory ordinance shall not be submitted to the voters if (a) one or more of the legislative districts do not close, (b) one or more entire legislative…
        • § 34876 The planning commission of the city or, in absence of such body, the legislative body of the city shall make findings as to the matters set forth in Section…
        • § 34876.5 (a) (1) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows: “Shall members of…
        • § 34877 The proposition of altering legislative districts shall be printed on the ballots substantially as follows: “Shall members of the legislative body of the City…
        • § 34877.5 (a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886,…
        • § 34878 If a majority of the registered voters of the city, who vote, vote in favor of the ordinance, at the expiration of the terms of office of the members of the…
        • § 34879 The term of office of members of the legislative body elected pursuant to the provisions of this article shall be four years, unless otherwise expressly…
        • § 34880 (a) If the petition or proposal developed by the commission for submission to the electorate for incorporation or special reorganization of a city provides for…
        • § 34881 One member of the legislative body shall be elected by or from each district, or, if applicable, one member of the legislative body shall be elected by or from…
        • § 34882 A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both…
        • § 34883 Registered voters signing nomination petitions or voting for a member of the legislative body shall be residents of the geographical area making up the…
        • § 34884 (a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with…
        • § 34886 Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be…
      3. ARTICLE 3. Elective Mayor §§ 34900–34906 · 7 sections
        • § 34900 At any general municipal election, or at a special election held for that purpose, the city council may submit to the electors the question of whether electors…
        • § 34901 The questions shall be printed on the ballots used at the election in substantially the following form: “Shall the electors elect a mayor and four city council…
        • § 34902 (a) If a majority of the votes cast on the proposition is for it, the office of mayor shall thereafter be an elective office, except as provided in subdivision…
        • § 34903 The mayor is a member of the city council and has all of the powers and duties of a member of the city council.
        • § 34904 A person is not eligible to hold office as mayor unless he or she is at the time of assuming that office an elector of the city, and was a registered voter of…
        • § 34905 A mayor pro tempore shall be chosen in the manner provided by Section 36801.
        • § 34906 Notwithstanding Section 36503, if a city has an elected mayor and the election of the remaining members of the city council for four-year terms is not evenly…