Chapter 8. Completion And Effective Date Of Change Of Organization Or Reorganization of California Government Code >> Division 3. >> Title 5. >> Part 4. >> Chapter 8.
(a) The executive officer shall prepare and execute a
certificate of completion and shall make the filing required by this
division upon all of the following:
(1) The completion of all commission actions pursuant to Part 3
(commencing with Section 56650), including the time period allowed to
file and act upon requests for reconsideration pursuant to Section
56895.
(2) The satisfaction of any conditions contained in the commission
resolution making determinations that are required to be completed
prior to filing a certificate of completion.
(3) The completion of all proceedings pursuant to Part 4
(commencing with Section 57000).
(b) Whenever the commission approves the inclusion of any
territory of a landscape and lighting assessment district within a
city, the executive officer shall notify the clerk of the landscape
and lighting assessment district or other person designated by the
district to receive notification.
The certificate of completion prepared and executed by the
executive officer shall contain all of the following information:
(a) The name of each newly incorporated city, each new district,
and the name of each existing local agency for which a change of
organization or reorganization was ordered and the name of the county
within which any new or existing local agencies are located.
(b) A statement of each type of change of organization or
reorganization ordered.
(c) A description of the boundaries of the new city ordered
incorporated, the new district ordered formed or of any territory
affected by the change of organization or reorganization, which
description may be made by reference to a map and legal description
showing the boundaries attached to the certificate.
(d) Any terms and conditions of the change of organization or
reorganization.
(a) If an effective date is fixed in the terms and
conditions of the commission resolution, that date shall be the
effective date.
An effective date shall not be fixed which is either of the
following:
(1) Earlier than the date of execution of the certificate of
completion.
(2) Later than nine months after the date of the election in which
a majority voted in favor of the change of organization or
reorganization.
(b) The change of organization or reorganization shall be complete
from the date of execution of the certificate of completion and
effective from the dates specified in the terms and conditions of the
commission resolution, unless no effective date has been fixed in
those terms and conditions.
(c) If no effective date has been fixed in any of the terms and
conditions, the effective date of a change of organization or a
reorganization shall be the date of the recordation made with the
county recorder and, if filed with the recorder of more than one
county, the date of the last such recordation.
(d) The commission shall set an effective date for any
incorporation. The authority of the commission to set the date of
incorporation shall be exclusive, except as provided in Section
57203.
In the case of a reorganization requested by a city in
Santa Cruz County that has adopted a voter approved urban limit line,
the conditions of paragraph (2) of subdivision (a) of Section 57202
shall not apply and the effective date of that reorganization shall
be fixed in the terms and conditions of the commission resolution.
The commission may not use the provisions of this section for any
reorganization approved or conditionally approved after January 1,
2009.
The executive officer shall record, no later than 90 days
after the election, a certified copy of the certificate of completion
with the county recorder of each county in which all or any part of
the territory included in the change of organization or
reorganization is located, and shall file a certified copy of the
certificate of completion, indicating the recording numbers affixed
by the county recorder, with the clerk of the legislative body of
each local agency subject to the change of organization or
reorganization. If the executive officer is for any reason unable to
comply with this section, the Secretary of State, upon confirmation
by the county recorder that the certificate of completion has not
been recorded within the time period provided in this section, may
perform the duties of the executive officer upon receiving notice of
the failure of the executive officer to so perform.
After recordation of the certificate of completion by the
executive officer, the recorder shall file with the county surveyor a
copy of the boundary description included in the certificate of
completion as provided by subdivision (c) of Section 57201.
(a) The executive officer shall file the statement of
boundary change or creation with the Board of Equalization, the
county assessor, and the county auditor as may be provided for by
Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of
Title 5.
(b) The Board of Equalization shall distribute relevant
information from the statements of boundary changes or creations to
the Department of Finance, the Controller, and to the Secretary of
State, as appropriate.