PART 3. COMMISSION PROCEEDINGS FOR A CHANGE OF ORGANIZATION OR REORGANIZATION
Heading of Part 3 amended by Stats. 1985, Ch. 1599, Sec. 8.
§§ 56650–56898 · 163 sections
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…
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…
CHAPTER 3. Proceedings for Cities §§ 56720–56770 · 33 sections
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…
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…
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…
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…
CHAPTER 4. Fiscal Provisions §§ 56800–56816 · 13 sections
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.…
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…
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…
CHAPTER 5. Proceedings for Special Districts §§ 56821–56879.5 · 65 sections
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…
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…
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…
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…
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…
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…
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…
CHAPTER 6. Commission Decision §§ 56880–56898 · 20 sections
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…
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…
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…
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,…