DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 [56000. - 57550.]

Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1.

§§ 56000–57550 · 507 sections

PART 1. GENERAL §§ 56000–56160 · 129 sections
1. CHAPTER 1. Legislative Findings and Declarations §§ 56000–56001 · 2 sections
  - § 56000 This division shall be known and may be cited as the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.
  - § 56001 The Legislature finds and declares that it is the policy of the state to encourage orderly growth and development which are essential to the social, fiscal,…
2. CHAPTER 2. Definitions §§ 56010–56081 · 87 sections
  - § 56010 Unless the provision or context otherwise requires, the definitions contained in this chapter govern the construction of this division. The definition of a…
  - § 56011 “Affected city” means any city that contains or would contain, or whose sphere of influence contains or would contain, territory for which a change of…
  - § 56012 “Affected county” means any county that contains, or would contain, any territory for which a change of organization is proposed or ordered either singularly…
  - § 56013 “Affected district” means any special district, as defined by Section 56036, that contains or would contain, or whose sphere of influence contains or would…
  - § 56014 “Affected local agency” means any local agency that contains, or would contain, or whose sphere of influence contains or would contain, any territory for which…
  - § 56015 “Affected territory” means any territory for which a change of organization, reorganization, or sphere of influence change is proposed or ordered, or any…
  - § 56016 “Agricultural lands” means land currently used for the purpose of producing an agricultural commodity for commercial purposes, land left fallow under a crop…
  - § 56017 “Annexation” means the inclusion, attachment, or addition of territory to a city or district.
  - § 56017.1 “Applicant” means a local agency or person or persons that submits an application, as defined by Section 56017.2.
  - § 56017.2 “Application” means any of the following: (a) A resolution of application or petition initiating a change of organization or reorganization with supporting…
  - § 56019 “Board of directors” means the legislative body or governing board of a district.
  - § 56020 “Board of supervisors” means the legislative body or governing board of a county.
  - § 56020.5 “Certificate of completion” means the document prepared by the executive officer and recorded with the county recorder that confirms the final successful…
  - § 56020.6 “Certificate of filing” means the document issued by the executive officer that confirms an application for a change of organization or reorganization has met…
  - § 56020.7 “Certificate of termination” or “certificate of termination of proceedings” means the document prepared by the executive officer and retained by the commission…
  - § 56021 “Change of organization” means any of the following: (a) A city incorporation. (b) A district formation. (c) An annexation to a city. (d) An annexation to a…
  - § 56023 “City” means any incorporated chartered or general law city, including any city the name of which includes the word “town.”
  - § 56024 “City council” means the legislative body or governing board of a city.
  - § 56025 “City officer” means the mayor or a member of the city council.
  - § 56026 “Clerk” means the clerk or secretary of a commission, county, city, or district, or the clerk or secretary of the legislative body of a county, city, or…
  - § 56027 “Commission” means a local agency formation commission.
  - § 56028 “Commission proceedings” means proceedings which are taken by a commission pursuant to Part 3 (commencing with Section 56650).
  - § 56029 “Conducting authority” means the commission of the principal county, or the commission’s executive officer when authorized by the commission, when exercising…
  - § 56030 “Consolidation” means the uniting or joining of two or more cities located in the same county into a single new successor city or two or more districts into a…
  - § 56031 (a) “Contiguous” means territory that abuts or shares a common boundary with territory within a local agency. (b) Territory is not contiguous if the only…
  - § 56032 “County officer” means a member of the board of supervisors.
  - § 56032.5 “Dependent special district” or “dependent district” includes any special district that has a legislative body that consists, in whole or part, of ex officio…
  - § 56033 “Detachment” means the exclusion, deletion, or removal from a city or district of any portion of the territory of that city or district.
  - § 56033.5 “Disadvantaged unincorporated community” means inhabited territory, as defined by Section 56046, or as determined by commission policy, that constitutes all or…
  - § 56034 “Disincorporation” means the dissolution, extinguishment, or termination of the existence of a city and the cessation of its corporate powers, except for the…
  - § 56035 “Dissolution” means the disincorporation, extinguishment, or termination of the existence of a district and the cessation of all its corporate powers, except…
  - § 56036 (a) “District” or “special district” are synonymous and mean an agency of the state, formed pursuant to general law or special act, for the local performance…
  - § 56036.5 (a) For the purposes of Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4 or Part 5 (commencing with…
  - § 56036.6 (a) For the purposes of Chapter 1 (commencing with Section 57000) to Chapter 7 (commencing with Section 57176), inclusive, of Part 4 or Part 5 (commencing with…
  - § 56037.2 “Divestiture of power” means the termination of the power and authority to provide particular functions or classes of services within all or part of the…
  - § 56037.5 “Elections official” shall have the same meaning as in Section 320 of the Elections Code.
  - § 56038 “Executive officer” means the person appointed by a commission pursuant to Section 56384.
  - § 56038.5 “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, legal, social, and…
  - § 56039 “Formation” means the creation of a district.
  - § 56040 “Function” means any power granted by law to a local agency to provide designated governmental or proprietary services or facilities for the use, benefit, or…
  - § 56041 “Improvement district” means an area or zone formed for the sole purpose of designating an area which is to bear a special tax or assessment for an improvement…
  - § 56042 “Inactive district” means a special district that meets all of the following: (a) The special district is as defined in Section 56036. (b) The special district…
  - § 56043 “Incorporation” means the creation or establishment of a city. Any area proposed for incorporation as a city shall have at least 500 registered voters residing…
  - § 56044 “Independent district” or “independent special district” includes any special district having a legislative body all of whose members are elected by registered…
  - § 56045 “Independent special district officer” means the presiding officer or a member of the legislative body of an independent special district.
  - § 56045.5 “Indirect cost” has the same meaning as used in paragraph (2) of subdivision (b) of Section 33338 of the Education Code.
  - § 56046 “Inhabited territory” means territory within which there reside 12 or more registered voters. The number of registered voters, as determined by the elections…
  - § 56047 “Initiate” or “initiation” means the issuance of a certificate of filing by the executive officer.
  - § 56047.5 “Interested agency” means each local agency which provides facilities or services in the affected territory.
  - § 56047.7 “Joint powers agency” or “joint powers authority” means an agency or entity formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with…
  - § 56048 “Landowner” or “owner of land” means any of the following: (a) A person or persons shown as the owner of land on the last equalized assessment roll prepared by…
  - § 56049 “Landowner-voter” means any person entitled to vote in a landowner-voter district, or the legal representative of that person or, in the case of an election,…
  - § 56050 “Landowner-voter district” means a district whose principal act provides that owners of land within the district are entitled to vote upon the election of…
  - § 56050.5 “Latent service or power” means those services, facilities, functions, or powers authorized by the principal act under which the district is formed, but that…
  - § 56051 “Last equalized assessment roll” means the listing in use by a county, city, or district for the purpose of the annual levy and collection of any taxes or…
  - § 56052 “Legal representative” means an officer of a corporation, partnership, or limited liability company duly authorized to sign for, and on behalf of, the entity.…
  - § 56053 “Legislative body” means the governing board of a city, county, or district.
  - § 56054 “Local agency” means a city, county, or district.
  - § 56055 “Member district” means any district which is included, in whole or in part, within another district, a metropolitan water district, or any of the entities…
  - § 56056 “Merger” means the termination of the existence of a district when the responsibility for the functions, services, assets, and liabilities of that district are…
  - § 56057 “Next equalized assessment roll” means the listing to be equalized and used by a city, county, or district for the purpose of the annual levy and collection of…
  - § 56059 “Open space” means any parcel or area of land or water which is substantially unimproved and devoted to an open-space use, as defined in Section 65560.
  - § 56060 “Open-space use” means any use as defined in Section 65560.
  - § 56061 “Overlap” or “overlapping territory” means territory which is included within the boundaries of two or more districts or within one or more districts and a…
  - § 56062 “Parent district” means any district, a metropolitan water district, or any of the entities enumerated in Section 56036.6, which includes all or any part of…
  - § 56064 “Prime agricultural land” means an area of land, whether a single parcel or contiguous parcels, that has not been developed for a use other than an…
  - § 56065 “Principal act” means, in the case of a district, the law under which the district was formed and, in the case of a city, the general laws or the city charter.
  - § 56066 “Principal county” means the county having the greater portion of the entire assessed value, as shown on the last equalized assessment roll of the county or…
  - § 56067 “Proceeding,” “proceeding for a change of organization,” or “proceeding for a reorganization” means proceedings taken by the commission for a proposed change…
  - § 56069 “Proposal” means a desired change of organization or reorganization initiated by a petition or by resolution of application of a legislative body or school…
  - § 56069.5 “Protest proceedings” means proceedings taken by a commission, or its executive officer when authorized by the commission, as the conducting authority pursuant…
  - § 56070 “Public agency” means the state or any state agency, board, or commission, any city, county, city and county, special district, or any agency, board, or…
  - § 56071 “Registered voter” means any elector registered under, and pursuant to, the Elections Code.
  - § 56072 “Registered-voter district” means a district whose principal act provides that registered voters residing within the district are entitled to vote for the…
  - § 56073 “Reorganization” means two or more changes of organization contained within a single proposal.
  - § 56073.1 “Resolution of application” means the document adopted by a local agency or school district initiating a change of organization or reorganization pursuant to…
  - § 56074 “Service” means a specific governmental activity established within, and as a part of, a function of a local agency.
  - § 56074.5 “Service review” means an analysis conducted by the commission documenting and analyzing the services in a particular geographic region or jurisdictional area…
  - § 56075 “Special assessment district” or “assessment district” means an area fixed, established, and formed by a city, county, district, or the state, pursuant to…
  - § 56075.5 “Special reorganization” means a reorganization that includes the detachment of territory from a city or city and county and the incorporation of that entire…
  - § 56076 “Sphere of influence” means a plan for the probable physical boundaries and service area of a local agency, as determined by the commission.
  - § 56077 “Subject agency” means each district or city for which a change of organization or reorganization is proposed or provided in a plan of reorganization.
  - § 56078 “Subsidiary district” means a district in which a city council is designated as, and empowered to act as, the ex officio board of directors of the district.
  - § 56078.5 “Successor Agency” means the local agency the commission designates to wind up the affairs of a dissolved district.
  - § 56079.5 “Uninhabited territory” means territory within which there reside fewer than 12 registered voters. The number of registered voters, as determined by the…
  - § 56080 “Urban service area” means developed, undeveloped, or agricultural land, either incorporated or unincorporated, within the sphere of influence of a city, which…
  - § 56081 “Voter” means a landowner-voter or a registered voter.
3. CHAPTER 3. Introductory and General Provisions §§ 56100–56134 · 29 sections
  - § 56100 (a) Except as otherwise provided in Section 56036.5 and subdivision (b) of Section 56036.6, this division provides the sole and exclusive authority and…
  - § 56100.1 (a) Contributions and expenditures for political purposes related to a proposal or proceeding shall be disclosed and reported pursuant to Article 2.5…
  - § 56102 For the purpose of any action to determine or contest the validity of any change of organization or reorganization, the change of organization or…
  - § 56103 An action to determine the validity of any change of organization, reorganization, or sphere of influence determination completed pursuant to this division…
  - § 56103.5 Any action brought in the superior court relating to this division may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
  - § 56104 If any provision of this division or the application of any provision of this division in any circumstance or to any person, city, county, district, the state,…
  - § 56105 Any protest or objection pertaining to the regularity or sufficiency of any proceedings or commission proceedings shall be in writing, clearly specify the…
  - § 56106 Any provisions in this division governing the time within which an official or the commission is to act shall in all instances, except for notice requirements…
  - § 56107 (a) This division shall be liberally construed to effectuate its purposes. No change of organization or reorganization ordered under this division and no…
  - § 56116 The Legislature declares that the doctrine of automatic merger of a district with a city or the merger by operation of law of a district with a city has no…
  - § 56117 A district may be either merged with, or established as, a subsidiary district of a city in the manner provided in this division. A mutual service agreement…
  - § 56118 Except for a proposal for the merger of a then existing subsidiary district, any proposal for a merger or establishment of a subsidiary district authorized by…
  - § 56119 It is not necessary for the principal act of any district to adopt or incorporate this division by reference and any change of organization or reorganization…
  - § 56120 Where the principal act of any parent district provides that the boundaries of the parent district shall be automatically changed in the event of a change in…
  - § 56121 No change of organization or reorganization, or any term or condition of a change of organization or reorganization, shall impair the rights of any bondholder…
  - § 56122 Section 56886 and any term and condition provided by, or made pursuant to, that section shall be enforceable by, between, among, and against any public agency…
  - § 56123 Except as otherwise provided in Section 56124, if a proposed change of organization, reorganization, or determination of a sphere of influence applies to two…
  - § 56124 If a proposed change of organization, reorganization, or determination of a sphere of influence applies to two or more affected counties, for purposes of this…
  - § 56125 If any reorganization provides for the formation of any new district or districts, the district or districts shall be deemed to have been formed upon…
  - § 56126 Upon request by the executive officer or the clerk of any county or district, the assessor of any city, county, or district shall furnish estimated assessed…
  - § 56127 If the legislative body of any of the districts, agencies, or authorities enumerated in subdivision (a) of Section 56036.6 desires a determination by the…
  - § 56128 (a) Upon presentation of any application filed pursuant to Section 56127, the commission shall determine that the applicant district, agency, or authority is…
  - § 56129 (a) If a public utility has been granted a certificate of public convenience and necessity authorizing and requiring it to furnish gas or electric service…
  - § 56130 Voter approval within the territory, as required by Section 56129, shall be given at an election. The question submitted at the election shall identify the…
  - § 56131 The executive officer shall file with the Public Utilities Commission a certified copy of any proposal for a change of organization or a reorganization which…
  - § 56131.5 (a) Upon the filing of an application for the formation of, annexation to, detachment from, consolidation of, or dissolution of a local health care district…
  - § 56131.7 Upon the filing of an application for the formation of, consolidation of, or dissolution of a recreation and park district formed pursuant to the Recreation…
  - § 56133 (a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundary only if it first requests and receives…
  - § 56134 (a) (1) For the purposes of this section, “fire protection contract” means a contract or agreement for the exercise of new or extended fire protection services…
4. CHAPTER 4. Notice §§ 56150–56160 · 11 sections
  - § 56150 Unless the provision or context otherwise requires, whenever this division requires notice to be published, posted, or mailed, the notice shall be published,…
  - § 56151 Notice authorized or required to be given by publication, posting, or mailing shall be given by the clerk or executive officer and shall contain all matters…
  - § 56152 Whenever any notice is required to be given and the duty of giving that notice is not specifically enjoined upon some officer, agency, or person, the clerk or…
  - § 56153 Notice required to be published shall be published pursuant to Section 6061 in one or more newspapers of general circulation within each affected county,…
  - § 56154 If the published notice is a notice of a hearing, publication of the notice shall be commenced at least 21 days prior to the date specified in the notice for…
  - § 56155 Except as otherwise provided in this division, mailed notice shall be sent first class and deposited, postage prepaid, in the United States mails and shall be…
  - § 56156 If the mailed notice is notice of a hearing, the notice shall be mailed at least 21 days prior to the date specified in the notice for hearing.
  - § 56157 When mailed notice is required to be given to: (a) A county, city, or district, it shall be addressed to the clerk of the county, city, or district. (b) A…
  - § 56158 Notice required to be posted shall be posted on or near the doors of the meeting room of the legislative body or commission or upon any official bulletin board…
  - § 56159 Posted notice shall remain posted for not less than five days. If the posted notice is notice of a hearing, posting shall be commenced at least 21 days prior…
  - § 56160 The failure of any person or entity to receive notice given pursuant to this division shall not constitute grounds for any court to invalidate any action taken…
PART 2. LOCAL AGENCY FORMATION COMMISSION §§ 56300–56430 · 46 sections
1. CHAPTER 1. General §§ 56300–56301 · 2 sections
  - § 56300 (a) Each commission shall establish written policies and procedures and exercise its powers pursuant to this part in a manner consistent with those policies…
  - § 56301 Among the purposes of a commission are discouraging urban sprawl, preserving open-space and prime agricultural lands, encouraging the efficient provision of…
2. CHAPTER 2. Formation of Commission and Selection of Commissioners §§ 56325–56337 · 18 sections
  - § 56325 There is hereby continued in existence in each county a local agency formation commission. Except as otherwise provided in this chapter, the commission shall…
  - § 56326 In Los Angeles County, the commission shall consist of nine members, appointed as follows: (a) Two appointed by the board of supervisors from its own…
  - § 56326.5 In Sacramento County, the commission shall consist of seven members, appointed as follows: (a) Two appointed by the board of supervisors from their own…
  - § 56327 In Santa Clara County, the commission shall consist of five members, appointed as follows: (a) Two appointed by the board of supervisors from their own…
  - § 56327.3 In Santa Clara County, the commission shall be enlarged by two members if, pursuant to the provisions of Chapter 5 (commencing with Section 56821), the…
  - § 56328 (a) In San Diego County, the commission, which consists of seven members, augmented pursuant to Section 56332, shall be additionally augmented by the…
  - § 56328.5 (a) In Kern County, the commission, which consists of seven members, augmented pursuant to Section 56332, shall be additionally augmented by the appointment of…
  - § 56329 If there is no city in the county, the commission shall consist of five members, appointed as follows which may be further augmented pursuant to Sections 56332…
  - § 56331 When appointing a public member pursuant to Sections 56325, 56326, 56326.5, 56327, 56328, 56328.5, and 56329, the commission may also appoint one alternate…
  - § 56331.3 If two or more members are absent or disqualify themselves from participating in a meeting of the commission, any alternate member who is authorized to serve…
  - § 56331.4 While serving on the commission, all commission members shall exercise their independent judgment on behalf of the interests of residents, property owners, and…
  - § 56332 (a) The independent special district selection committee shall consist of the presiding officer of the legislative body of each independent special district.…
  - § 56332.5 (a) If the commission does not have representation from independent special districts on or before January 1, 2001, the commission shall initiate proceedings…
  - § 56333 When a commission is enlarged to seven members as provided in Section 56332, the public members appointed pursuant to Sections 56325 and 56329 shall thereafter…
  - § 56334 The term of office of each member shall be four years and until the appointment and qualification of his or her successor. Upon enlargement of the commission…
  - § 56335 In each county containing two or more cities, regular and alternate city members to the commission shall be appointed by the city selection committee organized…
  - § 56336 Each commission may adopt regulations with respect to disqualification of members or alternates from participating in the review of a proposal. In the absence,…
  - § 56337 A city, county, or district officer may serve as a member of the commission while holding office as a city, county, or district officer. If a member who is a…
3. CHAPTER 3. Powers §§ 56375–56386 · 17 sections
  - § 56375 The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part: (a) (1) To review and…
  - § 56375.1 (a) A commission may initiate a proposal for the dissolution of a district that is eligible for the protest threshold under Section 57093 if both of the…
  - § 56375.3 (a) In addition to those powers enumerated in Section 56375, a commission shall approve, after notice and hearing, the change of organization or reorganization…
  - § 56375.4 The authority to initiate, conduct, and complete any proceeding pursuant to subdivision (a) of Section 56375.3 does not apply to any territory that, after…
  - § 56375.5 Every determination made by a commission regarding the matters provided for by subdivisions (a), (m), and (n) of Section 56375 and by subdivision (a) of…
  - § 56377 In reviewing and approving or disapproving proposals which could reasonably be expected to induce, facilitate, or lead to the conversion of existing open-space…
  - § 56378 (a) In addition to its other powers, the commission shall initiate and make studies of existing governmental agencies. Those studies shall include, but shall…
  - § 56379 Any person may, prior to any meeting, request the commission to cause a stenographic or electromagnetic record to be made of a meeting. If the cost of making…
  - § 56380 The commission shall make its own provision for necessary quarters, equipment, and supplies as well as personnel. The commission may choose to contract with…
  - § 56381 (a) The commission shall adopt annually, following noticed public hearings, a proposed budget by May 1 and final budget by June 15. At a minimum, the proposed…
  - § 56381.6 (a) Notwithstanding the provisions of Section 56381, for counties whose membership on the commission is established pursuant to Sections 56326, 56326.5, 56327,…
  - § 56382 The commission may authorize the destruction of any duplicate record, paper, or other document if the original or a photographic or electronic copy of the…
  - § 56383 (a) The commission may establish a schedule of fees and a schedule of service charges pursuant to this division, including, but not limited to, all of the…
  - § 56383.5 (a) The commission may require, as a condition for processing a change of organization or reorganization, a sphere amendment or a sphere update, or any other…
  - § 56384 (a) The commission shall appoint an executive officer who shall conduct and perform the day-to-day business of the commission. If the executive officer is…
  - § 56385 The commission may contract for retirement benefits for the executive officer or staff personnel pursuant to the County Employees Retirement Law of 1937,…
  - § 56386 (a) The officers and employees of a city, county, or special district, including any local agency, school district, community college district, and any…
4. CHAPTER 4. Spheres of Influence §§ 56425–56430 · 9 sections
  - § 56425 (a) In order to carry out its purposes and responsibilities for planning and shaping the logical and orderly development and coordination of local governmental…
  - § 56425.5 (a) A determination of a city’s sphere of influence, in any case where that sphere of influence includes any portion of the redevelopment project area…
  - § 56426 The commission shall not approve or conditionally approve a change to the sphere of influence of a local government agency of territory that is subject to a…
  - § 56426.5 (a) Beginning January 1, 1990, at the time a commission approves a proposal for an incorporation or a reorganization which includes an incorporation, the…
  - § 56426.6 (a) The commission shall not approve a change to the sphere of influence of a local government agency of territory that is subject to a contract entered into…
  - § 56427 The commission shall adopt, amend, or update spheres of influence after a public hearing called and held for that purpose. At least 21 days prior to the date…
  - § 56428 (a) Any person or local agency may file a written request with the executive officer requesting amendments to a sphere of influence or urban service area…
  - § 56429 (a) Notwithstanding Sections 56425, 56427, and 56428, a petition for removal of territory from a sphere of influence determination may be brought pursuant to…
  - § 56430 (a) In order to prepare and to update spheres of influence in accordance with Section 56425, the commission shall conduct a service review of the municipal…
PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION §§ 56650–56898 · 163 sections
1. CHAPTER 1. General §§ 56650–56668.5 · 20 sections
  - § 56650 Commission proceedings for a change of organization or a reorganization may be initiated by petition or by resolution of application in accordance with this…
  - § 56651 Commission proceedings shall be deemed initiated on the date a petition or resolution of application is accepted for filing and a certificate of filing is…
  - § 56652 Each application shall be in the form as the commission may prescribe and shall contain all of the following information: (a) A petition or resolution of…
  - § 56653 (a) If an application for a change of organization or reorganization is submitted pursuant to this part, the applicant shall submit a plan for providing…
  - § 56653.1 In the case of a disincorporation or reorganization that includes a disincorporation, the plan for services required by subdivision (a) of Section 56653 shall…
  - § 56654 (a) An application for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an…
  - § 56655 If two or more proposals pending before the commission conflict or in any way are inconsistent with each other, as determined by the commission, the commission…
  - § 56657 Notwithstanding Section 56655, the commission shall not approve a proposal for incorporation, consolidation of districts, dissolution, merger, or establishment…
  - § 56658 (a) Any petitioner or legislative body desiring to initiate proceedings shall submit an application to the executive officer of the principal county. (b) (1)…
  - § 56660 The executive officer shall give notice of any hearing by the commission by publication, as provided in Sections 56153 and 56154, and by posting, as provided…
  - § 56661 To the extent that the commission maintains an Internet Web site, notice of all public hearings shall be made available in electronic format on that site. The…
  - § 56662 (a) If a proposal for an annexation, a detachment, or a reorganization consisting solely of annexations or detachments, or both, or formation of a county…
  - § 56663 For a change of organization consisting of an annexation or a detachment, or a reorganization consisting solely of annexations or detachments, or both, or the…
  - § 56664 Where the commission desires to provide for notice and hearing prior to making a determination on a matter which the commission is authorized, but not…
  - § 56665 The executive officer shall review each application which is filed with the executive officer and shall prepare a report, including his or her recommendations,…
  - § 56666 (a) The hearing shall be held by the commission upon the date and at the time and place specified. The hearing may be continued from time to time but not to…
  - § 56667 If the report filed pursuant to Section 56665 indicates that more than 50 percent of the land proposed for incorporation is owned by or dedicated to the use of…
  - § 56668 Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following: (a) Population and population density; land…
  - § 56668.3 (a) If the proposed change of organization or reorganization includes a city detachment or district annexation, except a special reorganization, and the…
  - § 56668.5 The commission may, but is not required to, consider the regional growth goals and policies established by a collaboration of elected officials only, formally…
2. CHAPTER 2. Form, Filing, and Certification of Petition §§ 56700–56711 · 12 sections
  - § 56700 (a) A proposal for a change of organization or a reorganization may be made by petition. The petition shall do all of the following: (1) State that the…
  - § 56700.1 Expenditures for political purposes related to a proposal for a change of organization or reorganization that will be submitted to a commission pursuant to…
  - § 56700.4 (a) Before circulating any petition for change of organization, the proponent shall file with the executive officer a notice of intention that shall include…
  - § 56703 A petition may consist of a single instrument or separate counterparts. All petitions shall be filed with the executive officer. All counterparts of a petition…
  - § 56704 (a) Each person signing a petition shall, at the time he or she signs the petition, affix after his or her signature the date upon which he or she signs the…
  - § 56705 (a) Except as otherwise provided in subdivision (b), no petition shall be accepted for filing unless the signatures on the petition are secured within six…
  - § 56706 (a) Within 30 days, excluding Saturdays, Sundays, and holidays, after the date of receiving a petition, the executive officer shall cause the petition to be…
  - § 56707 If a petition is signed by registered voters, the executive officer shall cause the names of the signers on the petition to be compared with the voters’…
  - § 56708 If a petition is signed by owners of land, the executive officer shall cause the names of the signers on the petition to be compared with the names of the…
  - § 56709 If the petition, including any supplemental petition, is certified to be insufficient, it shall be filed with the executive officer as a public record, without…
  - § 56710 For purposes of evaluating the sufficiency of any petition signed by owners of land: (a) The assessed value to be given land exempt from taxation or owned by a…
  - § 56711 Any public or federal agency owning land within the territory which is the subject of the proposed change of organization or reorganization shall be deemed a…
3. CHAPTER 3. Proceedings for Cities §§ 56720–56770 · 33 sections
  1. ARTICLE 1. Incorporation §§ 56720–56724 · 4 sections
    § 56720 The commission shall not approve or conditionally approve any proposal that includes an incorporation, unless the commission finds, based on the entire record,…
    § 56722 If a petition is for incorporation of a new city, or consolidation of cities, the petition may propose a name for the new or consolidated city. The proposed…
    § 56723 If the petition is for incorporation, it may also include provisions for appointment of a city manager and appointment of elective city officials, except city…
    § 56724 (a) If the commission approves a proposal that includes the incorporation of a city, the resolution making determinations shall, upon the incorporation…
  2. ARTICLE 2. Special Reorganization §§ 56730–56734 · 3 sections
    § 56730 Proceedings for a special reorganization shall be conducted in accordance with the procedures otherwise prescribed for incorporation of a city, including, but…
    § 56732 If the commission approves a proposal for a special reorganization that includes the incorporation of a city with a population of more than 1,000,000, the…
    § 56734 (a) This section shall only apply to a special reorganization. (b) All public employees to which Chapter 10 (commencing with Section 3500) of Division 4 of…
  3. ARTICLE 3. Annexation and Other Changes of Organization §§ 56737–56759 · 20 sections
    § 56737 When a change of organization or a reorganization includes the annexation of inhabited territory to a city and the assessed value of land within the territory…
    § 56738 If the proposal 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…
    § 56740 (a) No tidelands or submerged lands, as defined in subdivision (g), which are owned by the state or by its grantees in trust shall be incorporated into, or…
    § 56741 Territory may not be annexed to a city unless it is located in the same county. Unless otherwise provided in this division, territory may not be annexed to a…
    § 56742 (a) Notwithstanding Section 56741, upon approval of the commission a city may annex noncontiguous territory not exceeding 300 acres if the territory meets all…
    § 56742.5 (a) Notwithstanding Section 56741, upon approval of the commission any city may annex noncontiguous territory which constitutes a state correctional facility…
    § 56743 (a) Notwithstanding Section 56741, upon approval of the commission a city may annex noncontiguous territory not exceeding 3,100 acres in area, which is located…
    § 56744 Unless otherwise determined by the commission pursuant to subdivision (m) of Section 56375, territory shall not be incorporated into, or annexed to, a city…
    § 56748 (a) As used in this section: (1) “Affected territory” means the main campus of the University of California, Merced and a road strip proposed for annexation to…
    § 56749 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city of…
    § 56750 Notwithstanding Sections 56300 and 56301, the commission shall not disapprove a change of organization or reorganization where the reason for disapproval is…
    § 56751 (a) Upon receipt by the commission of a proposed change of organization or reorganization, except a special reorganization, that includes the detachment of…
    § 56752 If the proposal 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…
    § 56753 The executive officer shall give mailed notice of any hearing by the commission, as provided in Sections 56155 to 56157, inclusive, by mailing notice of the…
    § 56753.5 Within 10 days after receiving a proposal that would result in the annexation to a city of land that is subject to a contract executed pursuant to the…
    § 56754 If 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…
    § 56755 Prior to submitting a resolution of application for the annexation of territory described in Section 56375.3 to the commission, the legislative body adopting…
    § 56756 The clerk of the legislative body adopting a resolution of application shall file a certified copy of that resolution with the executive officer.
    § 56757 (a) The commission shall not review an annexation or a reorganization proposal that includes an annexation to any city in Santa Clara County of unincorporated…
    § 56759 In any order approving a proposal subject to an election for an annexation or a reorganization that includes annexation of inhabited territory to a city when…
  4. ARTICLE 4. Initiation by Petition §§ 56764–56770 · 6 sections
    § 56764 A petition for the incorporation of a city shall be signed by either of the following: (a) Not less than 25 percent of the registered voters residing in the…
    § 56765 A petition for the disincorporation of a city shall be signed by not less than 25 percent of the registered voters residing in the city proposed to be…
    § 56766 A petition for the consolidation of two or more cities shall be signed by not less than 5 percent of the registered voters of each affected city as shown on…
    § 56767 A petition for annexation of territory to a city shall be signed by either of the following: (a) Not less than 5 percent of the number of registered voters…
    § 56768 A petition for detachment of territory from a city shall be signed by either of the following: (a) Not less than 25 percent of the registered voters residing…
    § 56770 The commission shall not approve or conditionally approve any proposal that includes a disincorporation, unless, based on the entire record, the commission…
4. CHAPTER 4. Fiscal Provisions §§ 56800–56816 · 13 sections
  1. ARTICLE 1. Comprehensive Fiscal Analysis §§ 56800–56804 · 5 sections
    § 56800 For any proposal that includes an incorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis.…
    § 56801 (a) For any proposal that includes an incorporation, the executive officer shall, at the request of an interested party, which request is submitted pursuant to…
    § 56802 (a) For any proposal for incorporation of the territory within the Mountain House Community Services District, San Joaquin County shall provide the required…
    § 56803 If the commission approves a proposal which includes the incorporation of a city, the resolution making determinations shall accept or reject each of the…
    § 56804 For any proposal that includes a disincorporation, the executive officer shall prepare, or cause to be prepared by contract, a comprehensive fiscal analysis.…
  2. ARTICLE 2. Property Tax Exchange §§ 56810–56814 · 5 sections
    § 56810 (a) (1) If the proposal includes the incorporation of a city, as defined in Section 56043, the commission shall determine the amount of property tax revenue to…
    § 56811 (a) If a proposal includes the formation of a new special district, the commission shall determine the appropriations limit of the district in accordance with…
    § 56812 (a) If a proposal includes the incorporation of a city, the commission shall determine the provisional appropriations limit of the city in accordance with…
    § 56813 (a) If the proposal includes the disincorporation of a city, as defined in Section 56034, the commission shall determine the amount of property tax revenue to…
    § 56814 If the proposal includes the disincorporation of a city, as defined in Section 56034, with the assignment of property tax revenues to a successor the…
  3. ARTICLE 3. Revenue Neutrality §§ 56815–56816 · 3 sections
    § 56815 (a) It is the intent of the Legislature that any proposal that includes an incorporation should result in a similar exchange of both revenue and responsibility…
    § 56815.2 By July 1, 2001, the Governor’s Office of Planning and Research, in consultation with the Controller, shall convene a task force composed of representatives of…
    § 56816 (a) It is the intent of the Legislature that any proposal that includes the disincorporation of a city result in a determination that the debt or contractual…
5. CHAPTER 5. Proceedings for Special Districts §§ 56821–56879.5 · 65 sections
  1. ARTICLE 1. Representation and Functions §§ 56821–56824.7 · 13 sections
    § 56821 Either the commission or the legislative body of any independent special district within a county may adopt a resolution initiating proceedings as follows: (a)…
    § 56821.1 If the commission adopts a resolution pursuant to subdivision (a) of Section 56821, the executive officer shall immediately call a meeting of the independent…
    § 56821.3 If an independent special district adopts a resolution pursuant to subdivision (a) of Section 56821, it shall immediately forward a copy of the resolution to…
    § 56821.5 A certified copy of any resolution which has been adopted by an independent special district pursuant to subdivision (b) of Section 56821 shall be filed with…
    § 56822 Whenever the commission, or the independent special districts, as the case may be, have complied with the applicable provisions of Sections 56821, 56821.1,…
    § 56822.3 If a hearing is called pursuant to subdivision (b) of Section 56822, the executive officer shall give notice of the hearing by publication, as provided in…
    § 56822.5 The hearing referred to in Section 56822.3 shall be held by the commission at the time and place specified or to which the hearing may be continued. After the…
    § 56823 If the commission orders a proposal referred to a special district advisory committee for study, report, and recommendation, the appointment of, and…
    § 56824 Where a special district advisory committee consists of voting members representing more than five independent special districts, the advisory committee may…
    § 56824.1 Not later than 35 days after the filing with the executive officer of the report and recommendation of a special district advisory committee, the commission…
    § 56824.3 The executive officer shall give notice of the hearing by publication, as provided in Sections 56153 and 56154, by posting, as provided in Sections 56158 and…
    § 56824.5 The hearing shall be held by the commission at the time and place specified or to which the hearing may be continued. During the course of the hearing, the…
    § 56824.7 Any resolution approving the report and recommendation of a special district advisory committee, either as filed or as changed by the commission, shall order…
  2. ARTICLE 1.5. New or Different Services §§ 56824.10–56824.14 · 3 sections
    § 56824.10 Commission proceedings for the exercise of new or different functions or classes of services or divestiture of the power to provide particular functions or…
    § 56824.12 (a) A proposal by a special district to provide a new or different function or class of services or divestiture of the power to provide particular functions or…
    § 56824.14 (a) The commission shall review and approve with or without amendments, wholly, partially, or conditionally, or disapprove proposals for the establishment of…
  3. ARTICLE 2. Reorganization §§ 56825–56857 · 31 sections
    § 56825 The commission shall have the powers and duties set forth in Part 2 (commencing with Section 56300) and the additional powers and duties specified in this…
    § 56826 A reorganization or a plan of reorganization shall provide for one or more changes of organization of any type for each of the subject districts and may…
    § 56826.5 (a) A proposal for reorganization that includes the consolidation of two or more special districts not formed pursuant to the same principal act shall only be…
    § 56827 (a) Except as provided in subdivision (b), upon the presentation of any petition or applications making a proposal for a reorganization, the commission may…
    § 56828 Before any proposal for reorganization is referred to any reorganization committee, the commission may provide for a public hearing on the question of whether…
    § 56829 The executive officer shall give notice of that hearing by publication, as provided in Sections 56153 and 56154, and by posting, as provided in Sections 56158…
    § 56830 The executive officer shall also give mailed notice of any hearing, as provided in Sections 56155 to 56157, inclusive, by mailing notice of hearing to all of…
    § 56831 The hearing shall be held by the commission on the date and at the time and place specified in the notice. After the conclusion of the hearing, the commission…
    § 56832 The commission may accept contributions from any source for the purpose of paying the expenses of a reorganization committee in the conduct of its study,…
    § 56833 Any resolution adopted by the commission ordering a proposal of reorganization referred to a reorganization committee shall do all of the following: (a)…
    § 56834 From time to time during the course of study upon a proposed plan of reorganization, the commission may do any of the following: (a) Extend the time for…
    § 56835 At least 15 days before the date of the first meeting of a reorganization committee, the executive officer shall mail a copy of the resolution adopted by the…
    § 56836 Any person, including, but not limited to, a member of the legislative body of a subject district and an officer or employee of the district, may be appointed…
    § 56837 (a) The legislative body of each affected district shall appoint one or more members, not to exceed the maximum number specified by the commission, to…
    § 56838 The clerk of a subject district shall give immediate notice to the executive officer of all appointments and removals made by the legislative body to a…
    § 56839 At any time after the date fixed for the first meeting of a reorganization committee or during the course of the study by the committee, if the legislative…
    § 56840 If, during the course of study upon a proposed plan of reorganization, the commission authorizes a change in the scope of the study, the membership of the…
    § 56841 Subject to any standards and procedures adopted by regulation by the commission, a reorganization committee shall provide for the selection of a presiding…
    § 56842 A quorum shall be deemed to be present at a meeting of a reorganization committee if members representing one-half or more of the subject districts are…
    § 56843 If a reorganization committee does not complete and submit its report and recommendation before the date specified by the commission or, prior to that date, if…
    § 56844 If the commission orders the discharge of a reorganization committee, the commission may make a study, report, and recommendation upon a plan of reorganization…
    § 56845 If the commission appoints additional members to the reorganization committee to represent the public and orders the reorganization committee, as so enlarged,…
    § 56846 Every officer of any affected county, affected city, or affected district shall make available to a reorganization committee any records, reports, maps, data,…
    § 56847 Upon completion of the study of a reorganization committee, the committee shall prepare and submit to the commission a report and recommendation containing all…
    § 56848 Approval by a reorganization committee of the report and recommendation shall require the affirmative vote of more than one-half of the subject districts…
    § 56849 The reorganization committee shall file the original of its report and recommendation with the executive officer and a copy of the report and recommendation…
    § 56853 (a) If a majority of the members of each of the legislative bodies of two or more local agencies adopt substantially similar resolutions of application making…
    § 56855 (a) This section shall apply to any proposal which contains the annexation of territory to a fire protection district which is organized pursuant to the Fire…
    § 56856 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a special…
    § 56856.5 (a) The commission shall not approve or conditionally approve a change of organization or reorganization that would result in the annexation to a city or…
    § 56857 (a) Upon receipt by the commission of a proposed change of organization or reorganization that includes the annexation of territory to any district, if the…
  4. ARTICLE 3. Formation §§ 56859–56863 · 6 sections
    § 56859 Proceedings for the formation of a district shall be conducted as authorized in the principal act of the district proposed to be formed and Section 56100.
    § 56860 If a proposal for formation of a new district is made by petition, the petition shall comply with the signature requirements and content of a petition for…
    § 56860.5 If a petition is for consolidation of districts or formation of a new district, the petition may propose a name for the new or consolidated district.
    § 56861 (a) Within 10 days after receiving a proposal to form a subsidiary district, the executive officer shall notify by certified mail the district or districts…
    § 56862 (a) If a district files a resolution of intention to file an alternative proposal pursuant to paragraph (2) of subdivision (b) of Section 56861, the executive…
    § 56863 (a) Within 35 days following the conclusion of a hearing on an original and an alternative proposal to form a subsidiary district, the commission shall adopt…
  5. ARTICLE 4. Initiation by Petition §§ 56864–56871 · 7 sections
    § 56864 Petitions for the annexation of territory to, or detachment of territory from, a district shall be signed as follows: (a) For a registered voter district, by…
    § 56864.1 (a) A petition for reorganization shall be signed so as to comply with the applicable signature requirements of this article with respect to each of the…
    § 56864.3 If a person is qualified to sign for two or more of the changes of organization proposed by the petition, that person need sign the petition only once and his…
    § 56865 Petitions for the consolidation of two or more districts shall be signed as follows: (a) For registered voter districts, by not less than 5 percent of the…
    § 56866 Petitions for a merger of a district which overlaps a city, or for the establishment of the district as a subsidiary district of the city, shall be signed as…
    § 56870 Except as otherwise provided in Section 56871, petitions for the dissolution of a district shall be signed as follows: (a) For registered voter districts, by…
    § 56871 A petition for the dissolution of a registered voter district, signed by three or more registered voters within the district or by three or more landowners…
  6. ARTICLE 5. Miscellaneous §§ 56875–56877 · 3 sections
    § 56875 If any sufficient petition or resolution of application shall propose, as a part of the petition or resolution of application, that the district shall furnish…
    § 56876 In any order approving a proposal for an annexation to, or detachment from, a district, the commission may determine that any election called upon the question…
    § 56877 When a change of organization or a reorganization includes the annexation of inhabited territory to a district and the assessed value of land within the…
  7. ARTICLE 6. Inactive Special Districts §§ 56879–56879.5 · 2 sections
    § 56879 (a) On or before November 1, 2018, and every year thereafter, the Controller shall create a list of special districts that are inactive, as defined in Section…
    § 56879.5 This article shall not apply to a special district formed by special legislation that is required by its enabling statute to obtain funding within a specified…
6. CHAPTER 6. Commission Decision §§ 56880–56898 · 20 sections
  1. ARTICLE 1. Determinations §§ 56880–56884 · 5 sections
    § 56880 At any time not later than 35 days after the conclusion of the hearing, the commission shall adopt a resolution making determinations approving or disapproving…
    § 56881 The resolution making determinations shall also do all of the following: (a) Make any of the findings or determinations authorized or required pursuant to…
    § 56882 (a) The executive officer shall transmit a copy of the resolution adopted by the commission making determinations addressed to each of the following persons or…
    § 56883 The executive officer may, before the completion of a proceeding, on good cause being shown, correct clerical errors or mistakes made through inadvertence,…
    § 56884 (a) Except as otherwise provided in subdivision (b), if the commission wholly disapproves any proposal: (1) No further proceedings shall be taken on that…
  2. ARTICLE 2. Terms and Conditions §§ 56885–56890 · 12 sections
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 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…
    § 56887 Any change of organization or reorganization may be conditionally approved by a local agency formation commission subject to the certification by the…
    § 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…
    § 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…
    § 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…
  3. ARTICLE 3. Reconsideration § 56895 · 1 section
    § 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…
  4. ARTICLE 4. Amendment §§ 56897–56898 · 2 sections
    § 56897 If pursuant to Section 56895, the commission approves any addition, deletion, amendment, or revision of its resolution making determinations, further…
    § 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,…
PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION §§ 57000–57204 · 85 sections
1. CHAPTER 1. General §§ 57000–57009 · 7 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 57007 Protest proceedings for a district formation shall be conducted by the commission as the conducting authority, and the procedural requirements of this division…
  - § 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…
  - § 57009 Expenditures for political purposes related to proceedings for a change of organization or reorganization that will be conducted pursuant to this part, and…
2. CHAPTER 2. Notice of Hearing §§ 57025–57026 · 2 sections
  - § 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…
  - § 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…
3. CHAPTER 3. Conduct of Hearing §§ 57050–57052 · 3 sections
  - § 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…
  - § 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…
  - § 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…
4. CHAPTER 4. Resolution of Conducting Authority §§ 57075–57090 · 12 sections
  - § 57075 Where a change of organization or reorganization consists solely of annexations, detachments, the exercise of new or different functions or class of services…
  - § 57077 If a change of organization consists of an incorporation, disincorporation, or consolidation of two or more cities, or if a reorganization includes an…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
5. CHAPTER 4.5. Protest Thresholds §§ 57091–57094 · 4 sections
  - § 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…
  - § 57092 For purposes of Sections 57077.1, relating to dissolution, 57077.2, relating to consolidation, 57077.3, relating to reorganization, 57077.4, relating to…
  - § 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…
  - § 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…
6. CHAPTER 5. Resolution for Order Subject to Election §§ 57100–57120 · 18 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 57111 In any reorganization proceeding where the component changes of organization would not individually require a confirmation election, no confirmation election…
  - § 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…
  - § 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…
  - § 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)…
  - § 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…
  - § 57118 In any resolution ordering a change of organization or reorganization subject to the confirmation of the voters, the commission shall determine that an…
  - § 57119 Notwithstanding Section 57118, any resolution ordering a special reorganization shall require the principal county to call an election in both of the following…
  - § 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…
7. CHAPTER 6. Elections §§ 57125–57150 · 28 sections
  - § 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…
  - § 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,…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 57130 The elections official shall cause notice of each change of organization or reorganization election to be given by publication, posting, and mailing as…
  - § 57131 The notice of election required to be given by Section 57130 shall contain all of the matters specified in Section 57115.
  - § 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…
  - § 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…
  - § 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)…
  - § 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…
  - § 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,…
  - § 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…
  - § 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.
  - § 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…
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 57147 Section 9167 of the Elections Code applies to the preparation and submittal of rebuttal arguments.
  - § 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…
  - § 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…
  - § 57150 All proper expenses incurred in conducting elections for a change of organization or reorganization pursuant to this chapter shall be paid, unless otherwise…
8. CHAPTER 7. Confirmation of Election Results §§ 57176–57179 · 6 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
9. CHAPTER 8. Completion and Effective Date of Change of Organization or Reorganization §§ 57200–57204 · 5 sections
  - § 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:…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION §§ 57300–57550 · 84 sections
1. CHAPTER 1. General §§ 57300–57303 · 4 sections
  - § 57300 Any proceeding completed pursuant to this division shall not alter or affect the boundaries of any Assembly or Senatorial district.
  - § 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…
  - § 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…
  - § 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…
2. CHAPTER 2. Effect of Annexation §§ 57325–57330.5 · 7 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
3. CHAPTER 3. Effect of Detachment §§ 57350–57354 · 5 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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)…
  - § 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…
4. CHAPTER 4. Effect of Incorporation §§ 57375–57385 · 10 sections
  - § 57375 Except as otherwise provided in this chapter, on and after the effective date of an incorporation, the territory incorporated, all inhabitants within the…
  - § 57376 (a) If the newly incorporated city comprises territory formerly unincorporated, the city council shall, immediately following its organization and prior to…
  - § 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…
  - § 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…
  - § 57379 If the first general municipal election following an incorporation election will occur less than one year after the effective date of incorporation, or…
  - § 57380 Courts shall take judicial notice of the organization and existence of cities incorporated pursuant to this division.
  - § 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,…
  - § 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.
  - § 57384 (a) Except as provided in subdivision (b), whenever a city has been incorporated from territory formerly unincorporated, the board of supervisors shall…
  - § 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…
5. CHAPTER 5. Effect of Disincorporation §§ 57400–57426 · 20 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
  - § 57408 Warrants for city indebtedness shall be drawn by the board of supervisors on the special fund.
  - § 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…
  - § 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…
  - § 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.
  - § 57414 All costs and expenses incurred in winding up city affairs are part of the special fund.
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
6. CHAPTER 6. Effect of Dissolution §§ 57450–57463 · 14 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
7. CHAPTER 7. Effect of Consolidation of Cities §§ 57475–57483 · 9 sections
  - § 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…
  - § 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…
  - § 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…
  - § 57478 Immediately upon consolidation, all ordinances of the predecessor cities are deemed repealed. That repeal shall not discharge any person from any existing…
  - § 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)…
  - § 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.
  - § 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…
  - § 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…
  - § 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…
8. CHAPTER 8. Effect of Consolidation of Districts §§ 57500–57502 · 3 sections
  - § 57500 On and after the effective date of a consolidation, the consolidated district succeeds to all of the powers, rights, duties, obligations, functions, and…
  - § 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…
  - § 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…
9. CHAPTER 9. Mergers and the Establishment of Subsidiary Districts §§ 57525–57535 · 11 sections
  - § 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…
  - § 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…
  - § 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…
  - § 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,…
  - § 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…
  - § 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,…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
10. CHAPTER 10. Effect of Reorganization § 57550 · 1 section
  - § 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…