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 taken pursuant to this
division.
(b) A statement of the type of change of organization or
reorganization being acted on.
(c) A description of the exterior boundaries of the territory for
each change of organization or reorganization approved by the
commission.
(d) The name or names of any new or consolidated city or district.
(e) All of the terms and conditions upon the change of
organization or reorganization approved by the commission.
(f) The reasons for the change of organization or reorganization.
(g) A statement as to whether the regular county assessment roll
or another assessment roll will be utilized.
(h) A statement that the affected territory will or will not be
taxed for existing general bonded indebtedness of any agency whose
boundaries are changed.
(i) Any other matters that the commission deems material.
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 (Chapter 7 (commencing with Section
51200) of Division 1), for which the commission has determined
pursuant to Section 56754 that the city may exercise its option to
not succeed to the contract, the commission shall include within its
resolution ordering the annexation of the territory a finding
regarding whether the city intends to not succeed to the contract.
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 not been used, as specified in
Section 56871, and that there is a reasonable probability that those
powers will not be used in the future.
(2) That the district is a registered-voter district and is
uninhabited.
(3) That the board of directors of the district has, by unanimous
resolution, consented to the dissolution of the district.
(4) That the commission has authorized, pursuant to Section 56854,
the dissolution of the district without an election.
(b) If the commission makes any of the findings specified in
subdivision (a), the commission may, except as otherwise provided in
Section 57103, order the dissolution of the district without
election.
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 Division 23 (commencing with Section
32000) of the Health and Safety Code, is subject to confirmation by
the voters.
57104. Any order of merger may be adopted for a district of limited
powers, including any district previously established as a
subsidiary district, if the entire territory of the district is
included within the boundaries of a city upon the date of the order.
57105. An order establishing a district of limited powers as a
subsidiary district may be adopted if upon the date of that order the
commission determines that either of the following situations
exists:
(a) The entire territory of the district is included within the
boundaries of a city.
(b) A portion or portions of the territory of the district are
included within the boundaries of a city and that portion or portions
meet both of the following requirements:
(1) Represent 70 percent or more of the area of land within the
district, as determined by reference to the statements and the maps
or plats filed pursuant to Chapter 8 (commencing with Section 54900)
of Division 2 of Title 5 for the current fiscal year.
(2) Contain 70 percent or more of the number of registered voters
who reside within the district as shown on the voters' register in
the office of the county clerk or registrar of voters.
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 but uncompleted proceedings for changes
in the boundaries of the city or district shall be disregarded.
57107. In any resolution ordering a merger or establishment of a
subsidiary district, the commission shall take one of the following
actions:
(a) Order the merger or establishment of the subsidiary district
subject to confirmation of the voters upon the questions, as the case
may be, of merger, the establishment of a subsidiary district, or
both merger and the establishment of a subsidiary district.
(b) Order the merger or establishment of the subsidiary district
without election, if the legislative body of the city and the board
of directors of the district have by resolution consented to the
merger or the establishment of the subsidiary district.
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 a city, a petition may be
filed with the executive officer referring, by date of adoption, to
the commission's resolution making determinations and requesting that
any election upon that question be called, held, and conducted only
within that district. Any petition so filed shall be immediately
examined and certified by the executive officer by the same method
and in the same manner as provided in Sections 56707 to 56711,
inclusive, for the examination of petitions by the executive officer.
The commission shall forward the proposal to the affected city, and
the affected city shall call, hold, and conduct any election upon the
question of a merger or the establishment of a subsidiary district
only within the district to be merged or established as a subsidiary
district, if the executive officer certifies that any petition so
filed was signed by either of the following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 incorporation and the establishment
of a subsidiary district or a merger, a petition may be filed with
the executive officer referring, by date of adoption, to the
commission's resolution making determinations and requesting that a
separate election be called, held, and conducted only within that
district on the establishment of the subsidiary district or the
merger. That election shall be conducted at the same time as the
election on the incorporation. Any petition so filed shall be
immediately examined and certified by the executive officer by the
same method and in the same manner as provided in Sections 56707 to
56711, inclusive, for the examination of petitions by the executive
officer. The commission shall forward the proposal to the principal
county and the principal county shall call, hold, and conduct any
election upon the question of a merger or the establishment of a
subsidiary district only within the district to be merged or
established as a subsidiary district, if the executive officer
certifies that any petition so filed was signed by either of the
following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 to paragraph (2) of subdivision
(a) of Section 56863, the ballot at the election shall enable those
voting to do one of the following:
(a) Disapprove both proposals.
(b) Approve either the original proposal or the alternative
proposal.
The board of supervisors shall adopt a resolution confirming the
proposal which was favored by a majority of votes cast at the
election. Where both proposals were favored by a majority of the
votes cast, the board of supervisors shall adopt a resolution
confirming the proposal which received the greater number of votes.
57111. In any reorganization proceeding where the component changes
of organization would not individually require a confirmation
election, no confirmation election shall be required to approve the
reorganization.
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 or establishment of a subsidiary
district, no new proposal for a merger or establishment of a
subsidiary district involving the same district may be filed with the
commission within two years of the date of the certification adopted
by the commission, pursuant to Section 57179.
(b) The commission may waive the requirements of subdivision (a)
if it finds these requirements are detrimental to the public
interest.
57113. (a) Notwithstanding Section 57081, 57102, 57107, 57108, or
57111, for any proposal that was initiated by the commission pursuant
to subdivision (a) of Section 56375, the commission shall forward
the change of organization or reorganization for confirmation by the
voters if the commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 10 percent of the number of landowners within any
affected district within the affected territory who own at least 10
percent of the assessed value of land within the territory. However,
if the number of landowners within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the landowners who
own at least 25 percent of the assessed value of land within the
territory of the affected district.
(B) At least 10 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory. However, if the number of voters
entitled to vote within an affected district is less than 300, the
petition requesting the proposal to be submitted to the voters shall
be signed by at least 25 percent of the voters entitled to vote.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
10 percent of the number of landowners within any affected district
within the affected territory, owning at least 10 percent of the
assessed value of land within the territory. However, if the number
of voters entitled to vote within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the voters entitled
to vote.
(b) The petition shall be filed with the commission prior to the
conclusion of the protest hearing.
57114. (a) Notwithstanding Sections 56854 and 57111, for any
proposal for the dissolution of one or more districts and the
annexation of all or substantially all of their territory to another
district, not initiated by the commission pursuant to subdivision (a)
of Section 56375, the commission shall forward the change of
organization or reorganization for confirmation by the voters if the
commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 25 percent of the number of landowners within any
affected district within the affected territory who own at least 25
percent of the assessed value of land within the territory.
(B) At least 25 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
25 percent of the number of landowners within any affected district
within the affected territory, owning at least 25 percent of the
assessed value of land within the territory of that district.
(b) If a petition that meets the requirements of this section has
been filed, the commission shall approve the proposal subject to
confirmation by the voters of each district that has filed such a
petition. The voter confirmation requirements set forth in
subdivision (a) shall not apply to any proposal initiated by the
commission under Section 56375 or where each affected district has
consented to the proposal by a resolution adopted by a majority vote
of its board of directors.
57114.5. (a) Notwithstanding Sections 56854, 57111, and 57114, for
any proposal involving the dissolution of the Newhall County Water
District, the commission shall forward the change of organization or
reorganization for confirmation by the voters if the commission finds
that a petition requesting that the proposal be submitted to
confirmation by the voters has been signed by either:
(1) At least 10 percent of the number of voters entitled to vote
as a result of residing within the district.
(2) At least 10 percent of the number of landowners within the
district who own at least 10 percent of the assessed value of land
within the district.
(b) If a petition that meets the requirements of this section has
been submitted, the commission shall approve the proposal subject to
confirmation by the voters of the district.
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 requirements contained in
Sections 57100 to 57111, inclusive, do all of the following:
(a) Designate the affected territory within which the special
election or elections shall be held.
(b) Provide for the question or questions to be submitted to the
voters.
(c) Specify any terms or conditions provided for in the change of
organization or reorganization.
(d) State the vote required for confirmation of the change of
organization or reorganization.
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) Provide for the election of the officers of the proposed city
required to be elected, except as provided in Section 56724 and
except as to officers designated as appointive, pursuant to Section
56723.
(b) Provide for the election on the question of whether members of
the city council in future elections are to be elected by district,
from district, or at large.
(c) If the petition so requests, state that the voters may express
a preference as to whether or not the city shall operate under the
city manager form of government, the ballot question being for or
against the city manager form of government.
(d) If the petition so requests, state that the voters may express
their preference between names for the new city.
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 following:
(a) Provide for the election of officers of the successor city
required to be elected.
(b) State that the voters may express their preference as to the
name of the successor city.
57118. In any resolution ordering a change of organization or
reorganization subject to the confirmation of the voters, the
commission shall determine that an election will be held:
(a) Within the territory of each city or district ordered to be
incorporated, formed, disincorporated, dissolved or consolidated.
(b) Within the entire territory of each district ordered to be
merged with or established as a subsidiary district of a city, or
both within the district and within the entire territory of the city
outside the boundaries of the district.
(c) If the executive officer certifies a petition pursuant to
Section 57108 or 57109, within the territory of the district ordered
to be merged with or established as a subsidiary district of a city.
(d) Within the territory ordered to be annexed or detached.
(e) If ordered by the commission pursuant to Section 56876 or
56759, both within the territory ordered to be annexed or detached
and within all or the part of the city or district which is outside
of the territory.
(f) If the election is required by Section 57114, separately
within the territory of each affected district that has filed a
petition meeting the requirements of Section 57114.
57119. Notwithstanding Section 57118, any resolution ordering a
special reorganization shall require the principal county to call an
election in both of the following territories:
(a) The territory ordered to be detached from the city.
(b) The entire territory of the city from which the detachment is
ordered to occur.
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 incorporation subject to an election shall
provide for the establishment of the appropriations limit determined
pursuant to Section 56811 or 56812.
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 taken pursuant to this
division.
(b) A statement of the type of change of organization or
reorganization being acted on.
(c) A description of the exterior boundaries of the territory for
each change of organization or reorganization approved by the
commission.
(d) The name or names of any new or consolidated city or district.
(e) All of the terms and conditions upon the change of
organization or reorganization approved by the commission.
(f) The reasons for the change of organization or reorganization.
(g) A statement as to whether the regular county assessment roll
or another assessment roll will be utilized.
(h) A statement that the affected territory will or will not be
taxed for existing general bonded indebtedness of any agency whose
boundaries are changed.
(i) Any other matters that the commission deems material.
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 (Chapter 7 (commencing with Section
51200) of Division 1), for which the commission has determined
pursuant to Section 56754 that the city may exercise its option to
not succeed to the contract, the commission shall include within its
resolution ordering the annexation of the territory a finding
regarding whether the city intends to not succeed to the contract.
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 not been used, as specified in
Section 56871, and that there is a reasonable probability that those
powers will not be used in the future.
(2) That the district is a registered-voter district and is
uninhabited.
(3) That the board of directors of the district has, by unanimous
resolution, consented to the dissolution of the district.
(4) That the commission has authorized, pursuant to Section 56854,
the dissolution of the district without an election.
(b) If the commission makes any of the findings specified in
subdivision (a), the commission may, except as otherwise provided in
Section 57103, order the dissolution of the district without
election.
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 Division 23 (commencing with Section
32000) of the Health and Safety Code, is subject to confirmation by
the voters.
57104. Any order of merger may be adopted for a district of limited
powers, including any district previously established as a
subsidiary district, if the entire territory of the district is
included within the boundaries of a city upon the date of the order.
57105. An order establishing a district of limited powers as a
subsidiary district may be adopted if upon the date of that order the
commission determines that either of the following situations
exists:
(a) The entire territory of the district is included within the
boundaries of a city.
(b) A portion or portions of the territory of the district are
included within the boundaries of a city and that portion or portions
meet both of the following requirements:
(1) Represent 70 percent or more of the area of land within the
district, as determined by reference to the statements and the maps
or plats filed pursuant to Chapter 8 (commencing with Section 54900)
of Division 2 of Title 5 for the current fiscal year.
(2) Contain 70 percent or more of the number of registered voters
who reside within the district as shown on the voters' register in
the office of the county clerk or registrar of voters.
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 but uncompleted proceedings for changes
in the boundaries of the city or district shall be disregarded.
57107. In any resolution ordering a merger or establishment of a
subsidiary district, the commission shall take one of the following
actions:
(a) Order the merger or establishment of the subsidiary district
subject to confirmation of the voters upon the questions, as the case
may be, of merger, the establishment of a subsidiary district, or
both merger and the establishment of a subsidiary district.
(b) Order the merger or establishment of the subsidiary district
without election, if the legislative body of the city and the board
of directors of the district have by resolution consented to the
merger or the establishment of the subsidiary district.
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 a city, a petition may be
filed with the executive officer referring, by date of adoption, to
the commission's resolution making determinations and requesting that
any election upon that question be called, held, and conducted only
within that district. Any petition so filed shall be immediately
examined and certified by the executive officer by the same method
and in the same manner as provided in Sections 56707 to 56711,
inclusive, for the examination of petitions by the executive officer.
The commission shall forward the proposal to the affected city, and
the affected city shall call, hold, and conduct any election upon the
question of a merger or the establishment of a subsidiary district
only within the district to be merged or established as a subsidiary
district, if the executive officer certifies that any petition so
filed was signed by either of the following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 incorporation and the establishment
of a subsidiary district or a merger, a petition may be filed with
the executive officer referring, by date of adoption, to the
commission's resolution making determinations and requesting that a
separate election be called, held, and conducted only within that
district on the establishment of the subsidiary district or the
merger. That election shall be conducted at the same time as the
election on the incorporation. Any petition so filed shall be
immediately examined and certified by the executive officer by the
same method and in the same manner as provided in Sections 56707 to
56711, inclusive, for the examination of petitions by the executive
officer. The commission shall forward the proposal to the principal
county and the principal county shall call, hold, and conduct any
election upon the question of a merger or the establishment of a
subsidiary district only within the district to be merged or
established as a subsidiary district, if the executive officer
certifies that any petition so filed was signed by either of the
following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 to paragraph (2) of subdivision
(a) of Section 56863, the ballot at the election shall enable those
voting to do one of the following:
(a) Disapprove both proposals.
(b) Approve either the original proposal or the alternative
proposal.
The board of supervisors shall adopt a resolution confirming the
proposal which was favored by a majority of votes cast at the
election. Where both proposals were favored by a majority of the
votes cast, the board of supervisors shall adopt a resolution
confirming the proposal which received the greater number of votes.
57111. In any reorganization proceeding where the component changes
of organization would not individually require a confirmation
election, no confirmation election shall be required to approve the
reorganization.
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 or establishment of a subsidiary
district, no new proposal for a merger or establishment of a
subsidiary district involving the same district may be filed with the
commission within two years of the date of the certification adopted
by the commission, pursuant to Section 57179.
(b) The commission may waive the requirements of subdivision (a)
if it finds these requirements are detrimental to the public
interest.
57113. (a) Notwithstanding Section 57081, 57102, 57107, 57108, or
57111, for any proposal that was initiated by the commission pursuant
to subdivision (a) of Section 56375, the commission shall forward
the change of organization or reorganization for confirmation by the
voters if the commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 10 percent of the number of landowners within any
affected district within the affected territory who own at least 10
percent of the assessed value of land within the territory. However,
if the number of landowners within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the landowners who
own at least 25 percent of the assessed value of land within the
territory of the affected district.
(B) At least 10 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory. However, if the number of voters
entitled to vote within an affected district is less than 300, the
petition requesting the proposal to be submitted to the voters shall
be signed by at least 25 percent of the voters entitled to vote.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
10 percent of the number of landowners within any affected district
within the affected territory, owning at least 10 percent of the
assessed value of land within the territory. However, if the number
of voters entitled to vote within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the voters entitled
to vote.
(b) The petition shall be filed with the commission prior to the
conclusion of the protest hearing.
57114. (a) Notwithstanding Sections 56854 and 57111, for any
proposal for the dissolution of one or more districts and the
annexation of all or substantially all of their territory to another
district, not initiated by the commission pursuant to subdivision (a)
of Section 56375, the commission shall forward the change of
organization or reorganization for confirmation by the voters if the
commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 25 percent of the number of landowners within any
affected district within the affected territory who own at least 25
percent of the assessed value of land within the territory.
(B) At least 25 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
25 percent of the number of landowners within any affected district
within the affected territory, owning at least 25 percent of the
assessed value of land within the territory of that district.
(b) If a petition that meets the requirements of this section has
been filed, the commission shall approve the proposal subject to
confirmation by the voters of each district that has filed such a
petition. The voter confirmation requirements set forth in
subdivision (a) shall not apply to any proposal initiated by the
commission under Section 56375 or where each affected district has
consented to the proposal by a resolution adopted by a majority vote
of its board of directors.
57114.5. (a) Notwithstanding Sections 56854, 57111, and 57114, for
any proposal involving the dissolution of the Newhall County Water
District, the commission shall forward the change of organization or
reorganization for confirmation by the voters if the commission finds
that a petition requesting that the proposal be submitted to
confirmation by the voters has been signed by either:
(1) At least 10 percent of the number of voters entitled to vote
as a result of residing within the district.
(2) At least 10 percent of the number of landowners within the
district who own at least 10 percent of the assessed value of land
within the district.
(b) If a petition that meets the requirements of this section has
been submitted, the commission shall approve the proposal subject to
confirmation by the voters of the district.
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 requirements contained in
Sections 57100 to 57111, inclusive, do all of the following:
(a) Designate the affected territory within which the special
election or elections shall be held.
(b) Provide for the question or questions to be submitted to the
voters.
(c) Specify any terms or conditions provided for in the change of
organization or reorganization.
(d) State the vote required for confirmation of the change of
organization or reorganization.
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) Provide for the election of the officers of the proposed city
required to be elected, except as provided in Section 56724 and
except as to officers designated as appointive, pursuant to Section
56723.
(b) Provide for the election on the question of whether members of
the city council in future elections are to be elected by district,
from district, or at large.
(c) If the petition so requests, state that the voters may express
a preference as to whether or not the city shall operate under the
city manager form of government, the ballot question being for or
against the city manager form of government.
(d) If the petition so requests, state that the voters may express
their preference between names for the new city.
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 following:
(a) Provide for the election of officers of the successor city
required to be elected.
(b) State that the voters may express their preference as to the
name of the successor city.
57118. In any resolution ordering a change of organization or
reorganization subject to the confirmation of the voters, the
commission shall determine that an election will be held:
(a) Within the territory of each city or district ordered to be
incorporated, formed, disincorporated, dissolved or consolidated.
(b) Within the entire territory of each district ordered to be
merged with or established as a subsidiary district of a city, or
both within the district and within the entire territory of the city
outside the boundaries of the district.
(c) If the executive officer certifies a petition pursuant to
Section 57108 or 57109, within the territory of the district ordered
to be merged with or established as a subsidiary district of a city.
(d) Within the territory ordered to be annexed or detached.
(e) If ordered by the commission pursuant to Section 56876 or
56759, both within the territory ordered to be annexed or detached
and within all or the part of the city or district which is outside
of the territory.
(f) If the election is required by Section 57114, separately
within the territory of each affected district that has filed a
petition meeting the requirements of Section 57114.
57119. Notwithstanding Section 57118, any resolution ordering a
special reorganization shall require the principal county to call an
election in both of the following territories:
(a) The territory ordered to be detached from the city.
(b) The entire territory of the city from which the detachment is
ordered to occur.
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 incorporation subject to an election shall
provide for the establishment of the appropriations limit determined
pursuant to Section 56811 or 56812.
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 taken pursuant to this
division.
(b) A statement of the type of change of organization or
reorganization being acted on.
(c) A description of the exterior boundaries of the territory for
each change of organization or reorganization approved by the
commission.
(d) The name or names of any new or consolidated city or district.
(e) All of the terms and conditions upon the change of
organization or reorganization approved by the commission.
(f) The reasons for the change of organization or reorganization.
(g) A statement as to whether the regular county assessment roll
or another assessment roll will be utilized.
(h) A statement that the affected territory will or will not be
taxed for existing general bonded indebtedness of any agency whose
boundaries are changed.
(i) Any other matters that the commission deems material.
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 (Chapter 7 (commencing with Section
51200) of Division 1), for which the commission has determined
pursuant to Section 56754 that the city may exercise its option to
not succeed to the contract, the commission shall include within its
resolution ordering the annexation of the territory a finding
regarding whether the city intends to not succeed to the contract.
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 not been used, as specified in
Section 56871, and that there is a reasonable probability that those
powers will not be used in the future.
(2) That the district is a registered-voter district and is
uninhabited.
(3) That the board of directors of the district has, by unanimous
resolution, consented to the dissolution of the district.
(4) That the commission has authorized, pursuant to Section 56854,
the dissolution of the district without an election.
(b) If the commission makes any of the findings specified in
subdivision (a), the commission may, except as otherwise provided in
Section 57103, order the dissolution of the district without
election.
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 Division 23 (commencing with Section
32000) of the Health and Safety Code, is subject to confirmation by
the voters.
57104. Any order of merger may be adopted for a district of limited
powers, including any district previously established as a
subsidiary district, if the entire territory of the district is
included within the boundaries of a city upon the date of the order.
57105. An order establishing a district of limited powers as a
subsidiary district may be adopted if upon the date of that order the
commission determines that either of the following situations
exists:
(a) The entire territory of the district is included within the
boundaries of a city.
(b) A portion or portions of the territory of the district are
included within the boundaries of a city and that portion or portions
meet both of the following requirements:
(1) Represent 70 percent or more of the area of land within the
district, as determined by reference to the statements and the maps
or plats filed pursuant to Chapter 8 (commencing with Section 54900)
of Division 2 of Title 5 for the current fiscal year.
(2) Contain 70 percent or more of the number of registered voters
who reside within the district as shown on the voters' register in
the office of the county clerk or registrar of voters.
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 but uncompleted proceedings for changes
in the boundaries of the city or district shall be disregarded.
57107. In any resolution ordering a merger or establishment of a
subsidiary district, the commission shall take one of the following
actions:
(a) Order the merger or establishment of the subsidiary district
subject to confirmation of the voters upon the questions, as the case
may be, of merger, the establishment of a subsidiary district, or
both merger and the establishment of a subsidiary district.
(b) Order the merger or establishment of the subsidiary district
without election, if the legislative body of the city and the board
of directors of the district have by resolution consented to the
merger or the establishment of the subsidiary district.
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 a city, a petition may be
filed with the executive officer referring, by date of adoption, to
the commission's resolution making determinations and requesting that
any election upon that question be called, held, and conducted only
within that district. Any petition so filed shall be immediately
examined and certified by the executive officer by the same method
and in the same manner as provided in Sections 56707 to 56711,
inclusive, for the examination of petitions by the executive officer.
The commission shall forward the proposal to the affected city, and
the affected city shall call, hold, and conduct any election upon the
question of a merger or the establishment of a subsidiary district
only within the district to be merged or established as a subsidiary
district, if the executive officer certifies that any petition so
filed was signed by either of the following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 incorporation and the establishment
of a subsidiary district or a merger, a petition may be filed with
the executive officer referring, by date of adoption, to the
commission's resolution making determinations and requesting that a
separate election be called, held, and conducted only within that
district on the establishment of the subsidiary district or the
merger. That election shall be conducted at the same time as the
election on the incorporation. Any petition so filed shall be
immediately examined and certified by the executive officer by the
same method and in the same manner as provided in Sections 56707 to
56711, inclusive, for the examination of petitions by the executive
officer. The commission shall forward the proposal to the principal
county and the principal county shall call, hold, and conduct any
election upon the question of a merger or the establishment of a
subsidiary district only within the district to be merged or
established as a subsidiary district, if the executive officer
certifies that any petition so filed was signed by either of the
following:
(a) In the case of a registered voter district, by not less than
10 percent of the registered voters of the district.
(b) In the case of a landowner-voter district, by not less than 10
percent of the number of landowner-voters within the district who
also own not less than 10 percent of the assessed value of land
within the district.
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 to paragraph (2) of subdivision
(a) of Section 56863, the ballot at the election shall enable those
voting to do one of the following:
(a) Disapprove both proposals.
(b) Approve either the original proposal or the alternative
proposal.
The board of supervisors shall adopt a resolution confirming the
proposal which was favored by a majority of votes cast at the
election. Where both proposals were favored by a majority of the
votes cast, the board of supervisors shall adopt a resolution
confirming the proposal which received the greater number of votes.
57111. In any reorganization proceeding where the component changes
of organization would not individually require a confirmation
election, no confirmation election shall be required to approve the
reorganization.
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 or establishment of a subsidiary
district, no new proposal for a merger or establishment of a
subsidiary district involving the same district may be filed with the
commission within two years of the date of the certification adopted
by the commission, pursuant to Section 57179.
(b) The commission may waive the requirements of subdivision (a)
if it finds these requirements are detrimental to the public
interest.
57113. (a) Notwithstanding Section 57081, 57102, 57107, 57108, or
57111, for any proposal that was initiated by the commission pursuant
to subdivision (a) of Section 56375, the commission shall forward
the change of organization or reorganization for confirmation by the
voters if the commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 10 percent of the number of landowners within any
affected district within the affected territory who own at least 10
percent of the assessed value of land within the territory. However,
if the number of landowners within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the landowners who
own at least 25 percent of the assessed value of land within the
territory of the affected district.
(B) At least 10 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory. However, if the number of voters
entitled to vote within an affected district is less than 300, the
petition requesting the proposal to be submitted to the voters shall
be signed by at least 25 percent of the voters entitled to vote.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
10 percent of the number of landowners within any affected district
within the affected territory, owning at least 10 percent of the
assessed value of land within the territory. However, if the number
of voters entitled to vote within an affected district is less than
300, the petition requesting the proposal to be submitted to the
voters shall be signed by at least 25 percent of the voters entitled
to vote.
(b) The petition shall be filed with the commission prior to the
conclusion of the protest hearing.
57114. (a) Notwithstanding Sections 56854 and 57111, for any
proposal for the dissolution of one or more districts and the
annexation of all or substantially all of their territory to another
district, not initiated by the commission pursuant to subdivision (a)
of Section 56375, the commission shall forward the change of
organization or reorganization for confirmation by the voters if the
commission finds either of the following:
(1) In the case of inhabited territory, that a petition requesting
that the proposal be submitted to confirmation by the voters has
been signed by either of the following:
(A) At least 25 percent of the number of landowners within any
affected district within the affected territory who own at least 25
percent of the assessed value of land within the territory.
(B) At least 25 percent of the voters entitled to vote as a result
of residing within, or owning land within, any affected district
within the affected territory.
(2) In the case of a landowner-voter district, that the territory
is uninhabited and a petition requesting that the proposal be
submitted to confirmation by the voters has been signed by at least
25 percent of the number of landowners within any affected district
within the affected territory, owning at least 25 percent of the
assessed value of land within the territory of that district.
(b) If a petition that meets the requirements of this section has
been filed, the commission shall approve the proposal subject to
confirmation by the voters of each district that has filed such a
petition. The voter confirmation requirements set forth in
subdivision (a) shall not apply to any proposal initiated by the
commission under Section 56375 or where each affected district has
consented to the proposal by a resolution adopted by a majority vote
of its board of directors.
57114.5. (a) Notwithstanding Sections 56854, 57111, and 57114, for
any proposal involving the dissolution of the Newhall County Water
District, the commission shall forward the change of organization or
reorganization for confirmation by the voters if the commission finds
that a petition requesting that the proposal be submitted to
confirmation by the voters has been signed by either:
(1) At least 10 percent of the number of voters entitled to vote
as a result of residing within the district.
(2) At least 10 percent of the number of landowners within the
district who own at least 10 percent of the assessed value of land
within the district.
(b) If a petition that meets the requirements of this section has
been submitted, the commission shall approve the proposal subject to
confirmation by the voters of the district.
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 requirements contained in
Sections 57100 to 57111, inclusive, do all of the following:
(a) Designate the affected territory within which the special
election or elections shall be held.
(b) Provide for the question or questions to be submitted to the
voters.
(c) Specify any terms or conditions provided for in the change of
organization or reorganization.
(d) State the vote required for confirmation of the change of
organization or reorganization.
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) Provide for the election of the officers of the proposed city
required to be elected, except as provided in Section 56724 and
except as to officers designated as appointive, pursuant to Section
56723.
(b) Provide for the election on the question of whether members of
the city council in future elections are to be elected by district,
from district, or at large.
(c) If the petition so requests, state that the voters may express
a preference as to whether or not the city shall operate under the
city manager form of government, the ballot question being for or
against the city manager form of government.
(d) If the petition so requests, state that the voters may express
their preference between names for the new city.
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 following:
(a) Provide for the election of officers of the successor city
required to be elected.
(b) State that the voters may express their preference as to the
name of the successor city.
57118. In any resolution ordering a change of organization or
reorganization subject to the confirmation of the voters, the
commission shall determine that an election will be held:
(a) Within the territory of each city or district ordered to be
incorporated, formed, disincorporated, dissolved or consolidated.
(b) Within the entire territory of each district ordered to be
merged with or established as a subsidiary district of a city, or
both within the district and within the entire territory of the city
outside the boundaries of the district.
(c) If the executive officer certifies a petition pursuant to
Section 57108 or 57109, within the territory of the district ordered
to be merged with or established as a subsidiary district of a city.
(d) Within the territory ordered to be annexed or detached.
(e) If ordered by the commission pursuant to Section 56876 or
56759, both within the territory ordered to be annexed or detached
and within all or the part of the city or district which is outside
of the territory.
(f) If the election is required by Section 57114, separately
within the territory of each affected district that has filed a
petition meeting the requirements of Section 57114.
57119. Notwithstanding Section 57118, any resolution ordering a
special reorganization shall require the principal county to call an
election in both of the following territories:
(a) The territory ordered to be detached from the city.
(b) The entire territory of the city from which the detachment is
ordered to occur.
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 incorporation subject to an election shall
provide for the establishment of the appropriations limit determined
pursuant to Section 56811 or 56812.
