BlackletterCalifornia law

PART 1. GENERAL

Part 1 added by Stats. 1985, Ch. 541, Sec. 3.

§§ 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…