2010 California Code
Government Code
Chapter 5. Effect Of Disincorporation

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 within the territory, and all
persons formerly entitled to vote by reason of residing within the
territory shall cease to be subject to the jurisdiction of the
disincorporated city and shall have none of the rights or duties of
inhabitants or voters of a city.



57401.  Prior to the effective date of the disincorporation, every
public officer of the city shall turn over to the board of
supervisors the public property in his or her possession.



57402.  After ascertaining that disincorporation has carried, the
commission shall determine and certify in a written statement to the
board of supervisors the indebtedness of the city, the amount of
money in its treasury, and the amount of any tax levy or other
obligation due the city which is unpaid or has not been collected.




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 turn over to the county treasurer all
city money in its possession.


57404.  If the commission does not provide the board of supervisors
with the certified statement required by Section 57402, the board
shall make the determinations provided for in that section.



57405.  If a tax has been levied by the disincorporated city and
remains uncollected, the county tax collector shall collect it when
due and pay it into the county treasury.



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, may be redeemed by any
interested party, on payment to the county treasurer of the sum which
the auditor estimates would have been necessary to redeem the
property if there had been no disincorporation.



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 affairs of the disincorporated city.



57408.  Warrants for city indebtedness shall be drawn by the board
of supervisors on the special fund.



57409.  If there is not sufficient money in the treasury to the
credit of the special fund to pay any city indebtedness, the board of
supervisors shall cause to be levied, and there shall be collected
from the territory formerly included within the city, taxes
sufficient to pay the indebtedness as it becomes due.



57410.  Any taxes levied pursuant to Section 57409 shall be
assessed, levied, and collected in the same manner and at the same
time as other county taxes, and are additional taxes upon the
property included within the territory of the disincorporated city.




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 districts, community college districts, or
districts included in the former city or used for the improvement of
streets within the territory of the former city.




57412.  The board of supervisors shall provide for collection of
debts due the city and wind up its affairs. Upon an order by the
board of supervisors, the appropriate county officer shall perform
any act necessary for winding up the city affairs, with the same
effect as if it had been performed by the proper city officer.




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 waterworks, street lighting, or any other
public utility owned by the city at the time of its disincorporation.



57416.  If the revenues from any public utility referred to in
Section 57415 are not sufficient for its administration, conduct, or
improvement, the board of supervisors shall levy a special tax upon
all property within the disincorporated city. The special tax shall
be levied upon the assessed value of the property as shown by the
equalized assessment roll in effect on the first day of March of that
year, and collected in the same manner and form of other county
taxes.


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 the tax is levied.



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 within a disincorporated city,
it becomes the owner of all public property formerly belonging to
the disincorporated city and that proportion of the debts,
liabilities, and credits owned by or due to the disincorporated city
as the value of the assessable property of the disincorporated city
lying within the boundaries of the new city bears to the value of all
assessable property formerly contained within the disincorporated
city. The value is that shown by the equalized assessment roll in
effect in the fiscal year in which the city was disincorporated.




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 city.



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 statement of the value of the
assessable property in the disincorporated city and the value of that
property now contained in the incorporated city. If the statement
shows that at least two-thirds of the assessed value of all
assessable property formerly contained within the disincorporated
city is contained within the boundaries of the newly incorporated
city, the board of supervisors shall fix the relative proportion by
an order entered in the minutes, and the newly incorporated city is
liable for that proportion of the debts and liabilities of the
disincorporated city.



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 property taken by the board of
supervisors and the proportion of the special fund to which the city
is entitled. Thereafter, ownership of, and title to, all public
property formerly belonging to the disincorporated city is vested in
the city as fully as if the property had been originally acquired by
it.


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 city within the limits of the
city sufficient to pay its proportion of the bonded indebtedness as
it becomes due.



57423.  Annually, at the time other county taxes are levied and
collected, the board of supervisors shall levy and collect a special
tax on the remainder of the territory sufficient to pay the balance
of the debt, and pay this sum to the city treasurer.




57424.  With the proceeds of those taxes, the city treasurer shall
pay the bonded indebtedness as it becomes due.



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 city had not
disincorporated. Those proceedings shall be had and deeds issued in
the name of the city in which the land is situated.