PART 5. TERMS AND CONDITIONS AND EFFECT OF A CHANGE OF ORGANIZATION OR REORGANIZATION

Part 5 added by Stats. 1985, Ch. 541, Sec. 3.

§§ 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…