BlackletterCalifornia law

PART 2. POWERS AND DUTIES EXERCISED JOINTLY BY CITIES AND COUNTIES

Part 2 added by Stats. 1949, Ch. 81.

§§ 51300–51953 · 111 sections

  1. CHAPTER 1. Transfer of City Functions §§ 51300–51350 · 16 sections
    1. ARTICLE 1. General §§ 51300–51308 · 9 sections
      • § 51300 This article does not apply to cities containing a population of over 1,900,000 according to the 1950 federal census or to cities which are also cities and…
      • § 51301 A board of supervisors may contract with a city, governed under general laws or charter, within the county, and the city legislative body may contract with the…
      • § 51302 The term of the contract shall not exceed five years but may continue for periods of five years each, unless the legislative body of either local agency votes…
      • § 51303 The county officers and employees named in the contract shall exercise within the city all of the powers and duties conferred upon the city officers or…
      • § 51304 The city may provide in the contract for the payment to the county of a consideration agreed upon, which shall be paid to the county treasurer.
      • § 51305 If the contract results in a unification of a county department with a similar city department requiring a reduction of employees in either department and in a…
      • § 51306 The contract shall provide for the assumption of all city pension rights of the transferred employees by the county, or for their continuation by the city, or…
      • § 51307 The board of supervisors shall hold separately in trust pension money or property taken over by it from the city under the contract and all earnings,…
      • § 51308 Any person pensioned at the execution of the contract has a vested property right in the pension fund for the payment of his pension.
    2. ARTICLE 2. Chartered Cities §§ 51330–51335 · 6 sections
      • § 51330 If authorized by the city charter and approved by resolution of the board of supervisors, a city organized under a freeholders’ charter may transfer any of its…
      • § 51331 The resolution of the board of supervisors shall recite: (a) The functions to be transferred. (b) The county officers, boards, or commissions to perform the…
      • § 51332 The transfer may be rescinded: (a) At any time by the joint action of the city and the county. (b) By separate action of either with one year’s notice.
      • § 51333 The city shall express its rescission as provided by its charter or, if the charter does not provide, by resolution of its legislative body. The county shall…
      • § 51334 City functions relating to the assessment of property for taxation, the collection of taxes levied for municipal purposes, the collection of assessments, and…
      • § 51335 If the city charter so authorizes, other functions may be transferred and performed as provided by law.
    3. ARTICLE 3. County Contract Services § 51350 · 1 section
      • § 51350 A county which provides services through its appropriate departments, boards, commissions, officers or employees, to any city pursuant to contract or as…
  2. CHAPTER 2. Transfer of City Tax Functions §§ 51500–51562 · 42 sections
    1. ARTICLE 1. General §§ 51500–51521 · 21 sections
      • § 51500 A city, except a city which is also a city and county, may transfer its functions pursuant to this article.
      • § 51501 By ordinance, a city legislative body may transfer the duties of the city treasurer to the treasurer of the county in which the city is situated, and shall, by…
      • § 51502 A certified copy of the ordinance transferring the duties of the assessor and tax collector shall be filed with the county auditor on or before the first…
      • § 51503 Certified copies of the ordinance transferring the duties of the treasurer shall be served on the county auditor, tax collector, and treasurer. The ordinance…
      • § 51504 All assessments made by the county assessor and equalized or corrected by the board of supervisors or State Board of Equalization shall be the basis for…
      • § 51505 The ordinance transferring the duties of the treasurer is effective until repealed. Certified copies of the ordinance repealing the transfer of the treasurer’s…
      • § 51506 The offices of city assessor, tax collector, and treasurer may be abolished by ordinance after their duties have been transferred.
      • § 51507 When a city transfers the duties of assessing and collecting taxes, all duties performed by the city assessor other than the assessing of the city property…
      • § 51508 Before fixing the rate of taxes the legislative body of a city which has transferred the duties of the assessor and tax collector shall fix by ordinance or…
      • § 51510 Annually on or before the third Monday in August, the county auditor shall transmit to the city legislative body a written statement, showing separately the…
      • § 51511 Annually, before September 1st, the city legislative body shall fix the rate of taxes, or rates of taxes, if different portions or districts require different…
      • § 51512 The county auditor shall compute and enter in the assessment book the city tax on the property enumerated and assessed as being in the city, using the rates…
      • § 51513 The taxes so levied shall be collected at the time and in the manner of county taxes and paid into the county treasury. The net amount of the taxes, after…
      • § 51514 The compensation paid to the county for assessing and collecting taxes for a city shall be fixed by agreement between the board of supervisors and the city…
      • § 51515 When the duties of the city treasurer have been transferred to the county treasurer, one-fourth of 1 percent shall be deducted from the money collected by the…
      • § 51516 When a city has transferred the assessing and collecting of taxes, property which has been sold to the city for nonpayment of taxes may be redeemed pursuant to…
      • § 51517 The collection of unpaid taxes levied on property by the city shall be enforced by the sale of the property in the manner, at the time, and upon the penalties,…
      • § 51518 The county auditor shall apportion to the city the money paid for redemption in the proportion which the tax due the city bears to the total tax for which the…
      • § 51519 When a county charter permits and the county consents, a city governed under general laws or charter permitting the discharge of certain city functions by…
      • § 51520 Notwithstanding any provisions of this article relating to compensation paid to the county for assessing and collecting taxes for a city the board of…
      • § 51521 When delinquent taxes of a general law city, with costs and penalties, have been paid to the county treasurer, the money collected, including, if authorized by…
    2. ARTICLE 2. Chartered Cities §§ 51540–51562 · 21 sections
      • § 51540 As used in this article, “city” means a city governed under a freeholders’ charter.
      • § 51541 This article provides an alternative method by which the duties of city officers designated in this article may be performed by officers of the county in which…
      • § 51542 When the city charter or a city ordinance authorized by the charter provides, the county officers designated in the charter or ordinance shall perform any of…
      • § 51543 The county officers designated shall be officers who perform duties of the same character as the city officers whose duties are transferred to them.
      • § 51544 A copy of the charter or ordinance providing for the transfer of duties shall be certified by the city clerk and filed with the board of supervisors on or…
      • § 51545 The board of supervisors shall cause notice of the charter provision or ordinance to be given to the designated county officers.
      • § 51546 The county assessment roll made annually by the county assessor and equalized and corrected by the board of supervisors shall be the basis for levying city…
      • § 51547 In the case of a sale of property for taxes or special assessments, except where the sale is conducted and the funds are accounted for as provided in Division…
      • § 51549 As soon as practicable after the lien date following the effective date of the charter provision or ordinance, the city clerk shall deliver to the county…
      • § 51551 Annually before September 1st, the city legislative body shall cause to be delivered to the county auditor a statement certified by the city clerk showing…
      • § 51552 Upon delivery of the certified statement from the city legislative body, the county auditor shall compute and enter in the assessment book the municipal taxes…
      • § 51553 The taxes so levied shall be collected at the time and in the manner of county taxes and shall be paid into the county treasury. After deduction of the…
      • § 51554 When delinquent city taxes, with costs and penalties, have been paid to the county treasurer or when property in the city has been sold for the nonpayment of…
      • § 51555 The net amounts of collections of current and delinquent taxes and redemptions shall be paid to the city monthly, or at such other times agreed upon between…
      • § 51556 The collection of unpaid city taxes levied on property by the city shall be enforced by the sale of the property in the manner, at the time, and upon the…
      • § 51557 The county auditor shall apportion to the city the money paid for redemption, in the proportion which the tax due the city bears to the total tax for which the…
      • § 51558 The proper city officers shall perform all duties relative to the collection of city taxes, including delinquent taxes, levied prior to the effective date of…
      • § 51559 Upon the repeal of the city charter provision or ordinance the performance of city functions by county officers authorized by it shall cease.
      • § 51560 The county officers shall perform all duties relative to the collection of city taxes, including delinquent taxes, levied prior to the repeal, the enforcement…
      • § 51561 The compensation paid the county for the services shall be filed by agreement between the board of supervisors and the city legislative body. Not more than 1…
      • § 51562 Notwithstanding any provision of this article relating to compensation paid to the county for assessing and collecting taxes for a city the board of…
  3. CHAPTER 4. Special Assessments § 51800 · 1 section
    1. ARTICLE 1. Collection of Special Assessments by County Officer § 51800 · 1 section
      • § 51800 Where the duties of assessing property and collecting city taxes are performed for a city by the county assessor and the county tax collector in a manner…
  4. CHAPTER 5. Local Government Reorganization §§ 51900–51953 · 52 sections
    1. ARTICLE 1. Findings and Declarations of Policy §§ 51900–51903 · 4 sections
      • § 51900 The Legislature finds and declares that the County of Sacramento, due to the small number of incorporated cities within the county, the large unincorporated…
      • § 51901 It is further found and declared that local government must be responsive and its elected officials readily accountable to the needs of the people; it must be…
      • § 51902 It is further found and declared that in order to strengthen and make more efficient and responsive the overall administrative process of local government,…
      • § 51903 The Legislature finds that a general statute cannot be made applicable to this matter because of the facts and circumstances peculiar to the local governmental…
    2. ARTICLE 2. Definitions and General Provisions §§ 51910–51919 · 10 sections
      • § 51910 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
      • § 51911 “Largest city” means the largest city in Sacramento County as determined by the last federal census.
      • § 51912 “Other cities” mean the cities in Sacramento County with lesser population than the largest city.
      • § 51913 “Cities” mean all of the cities within Sacramento County.
      • § 51914 “County” means the County of Sacramento.
      • § 51915 “City-County of Sacramento” means the City and the County of Sacramento resulting from the reorganization of local government within Sacramento County.
      • § 51916 “Charter commissioners” shall mean the Citizens Committee on Local Governmental Reorganization, an existing nonprofit corporation and citizens’ committee…
      • § 51917 “Reorganize” and “reorganization” means the consolidation of a county with all of the cities within the county pursuant to Article XI of the California…
      • § 51918 The incorporated cities within the County of Sacramento and the County of Sacramento may be reorganized pursuant to the provisions of this chapter.
      • § 51919 When reorganization proceedings are followed pursuant to this chapter, this chapter alone applies.
    3. ARTICLE 3. Reorganization Proceedings §§ 51920–51939.2 · 24 sections
      • § 51920 Reorganization proceedings pursuant to this chapter shall be deemed to have commenced with the appointment of the charter commissioners by the county and…
      • § 51921 The charter commissioners shall propose a charter for the government of the City-County of Sacramento. The charter so prepared shall be signed by a majority of…
      • § 51922 The legislative body of the county shall cause copies of the charter to be printed in convenient pamphlet form and in type of not less than 10-point and shall…
      • § 51923 The proposed charter shall be submitted to the electors of the entire county (including all cities) at a date to be fixed by the charter commissioners before…
      • § 51924 In submitting any such charter, the charter commissioners may also submit separate propositions, whether alternative or conflicting, or one included within the…
      • § 51925 The charter as adopted at the election by a majority of the electors of the entire county (including all cities) voting thereon and by a majority of the…
      • § 51926 At the election, the questions of reorganization and adoption of a charter shall both be presented as provided in Section 51929. In addition, there shall also…
      • § 51927 The legislative body of the county shall cause notice of the election to be given by publication in a newspaper of general circulation printed and published in…
      • § 51928 The notice shall: (a) State distinctly the proposition or propositions to be submitted. (b) State the names of the cities and the county proposed to be…
      • § 51929 Upon the ballots used at the election shall be printed the words: “Shall the city (or cities) of (naming them) and the County of Sacramento be reorganized and…
      • § 51929.5 Upon the ballots used at the election within each of the other cities proposed to be reorganized and consolidated with the County of Sacramento shall also be…
      • § 51929.6 The charter of the city-county adopted pursuant to this chapter shall contain provisions which recognize the right of the voters of the other cities to elect…
      • § 51930 If, voting on a proposition presented pursuant to Section 51929, an elector marks the voting target next to the word “Yes,” the elector’s vote shall be counted…
      • § 51931 On each proposition separately submitted, including the proposition presented pursuant to Section 51929.5, if an elector marks the voting target next to the…
      • § 51932 Except as otherwise provided in this article, the election, if a special election, shall be conducted as other special elections in the county or, if a general…
      • § 51933 After performing their duties, the election officers shall deliver the ballots, tally sheets, and returns to the clerk of the county.
      • § 51934 At its next regular meeting following the election, the legislative body of the county shall canvass the returns. The canvass shall be completed at the meeting…
      • § 51935 Immediately upon the completion of the canvass, the legislative body of the county shall declare the results and cause a record to be entered upon its minutes,…
      • § 51936 If a majority of the votes cast in the largest city or if a majority of the votes in the county as a whole (including the largest city and the other cities) is…
      • § 51937 If a majority of the votes cast in both the largest city and in the county as a whole (including the largest city and the other cities) is for consolidation…
      • § 51938 A copy of the record of the canvass, with a statement of the proposition or propositions submitted at the election shall be filed with the Secretary of State.
      • § 51939 Upon the filing with the Secretary of State of the Charter of the consolidated City-County of Sacramento which has been approved by the Legislature pursuant to…
      • § 51939.1 The provisions of Sections 51940 through 51947, inclusive, shall not apply to any of the other cities which has voted, pursuant to Section 51929.5, to retain…
      • § 51939.2 The procedures set forth in this article shall have validity and effect and shall be followed only in the event that an amendment to the California…
    4. ARTICLE 4. Effects of Reorganization §§ 51940–51953 · 14 sections
      • § 51940 Upon reorganization, the cities are deemed dissolved and disincorporated and are merged together with the county into the City-County of Sacramento, and the…
      • § 51941 Upon reorganization every special district within the county or exercising all or any part of its jurisdiction or powers within the county except as may be…
      • § 51942 When cities and a county are reorganized pursuant to this chapter, the reorganized city-county is the successor of each of the cities and the county so…
      • § 51943 Immediately upon reorganization, all persons occupying or possessing the offices of each of the cities and the county shall surrender them to the proper…
      • § 51944 Except as otherwise provided in the charter, reorganization does not affect any debts, demands, liabilities, or obligations of any kind existing in favor of or…
      • § 51945 The legislative body of the city-county shall levy and collect the taxes necessary to pay the indebtedness or liability of each city and the county incurred…
      • § 51946 Notwithstanding any provision to the contrary in Chapter 1.5 (commencing with Section 2161), Part 4, Division 1, of the Revenue and Taxation Code, the charter…
      • § 51947 Immediately upon reorganization, all ordinances of the cities and the county shall be deemed repealed. Such repeal shall not discharge any person from any…
      • § 51948 The repeal of ordinances pursuant to Section 51947 shall not apply to: (a) Ordinances under which vested rights have accrued to the extent legally necessary to…
      • § 51949 Upon reorganization, the charter of the city-county shall have full effect throughout the city-county. The charter shall recognize the status of each of the…
      • § 51950 If reorganization is completed, all proper expenses of reorganization proceedings not otherwise provided for shall be paid by the county. If reorganization is…
      • § 51951 One copy of the charter ratified and approved in accordance with the provisions of this article shall be filed with the Secretary of State and one with the…
      • § 51952 This chapter shall not be construed to prevent any consolidated city-county from framing and adopting a new or revised charter after consolidation in which…
      • § 51953 The charter may provide for the manner in which any of the other cities which has elected to retain its local governmental structure pursuant to Article 3…