BlackletterCalifornia law

PART 4. CONDUCTING AUTHORITY PROCEEDINGS FOR CHANGES OF ORGANIZATION OR REORGANIZATION

Part 4 added by Stats. 1985, Ch. 541, Sec. 3.

§§ 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Upon conclusion of the protest hearing, the commission shall determine the value of written protests filed and not withdrawn.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…