SECTIONS 51940-51953 - California Statutes

GOVERNMENT CODE

SECTION 51940-51953

51940. Upon reorganization, the cities are deemed dissolved and
disincorporated and are merged together with the county into the
City-County of Sacramento, and the charter of the largest city and
the charter of the county shall be deemed repealed. The City-County
of Sacramento is a charter city and a charter county. Its charter
city powers supersede conflicting charter county powers.

51941. Upon reorganization every special district within the county
or exercising all or any part of its jurisdiction or powers within
the county except as may be otherwise provided in the charter, is
deemed dissolved. The functions of all such dissolved districts shall
be assumed by the city-county government, except as may be otherwise
provided in the charter. The provisions of Section 51942, 51943,
51944, and 51945 shall be applicable to the merger of every such
special district merged with the city-county pursuant to this
charter.

51942. When cities and a county are reorganized pursuant to this
chapter, the reorganized city-county is the successor of each of the
cities and the county so consolidated. Upon reorganization, the title
to any property owned or held by, or in trust for, each of the
cities and the county, or by their officers or boards in trust for
public use, shall be vested in the city-county, or its officers or
boards, except as may be otherwise provided in the charter.

51943. Immediately upon reorganization, all persons occupying or
possessing the offices of each of the cities and the county shall
surrender them to the proper officers of the city-county, except as
may be otherwise provided in the charter.

51944. Except as otherwise provided in the charter, reorganization
does not affect any debts, demands, liabilities, or obligations of
any kind existing in favor of or against the cities and the county,
at the time of reorganization. Reorganization does not affect any
pending action or proceeding involving any such debt, demand,
liability, or obligation or any action or proceeding brought by or
against any city or the county prior to reorganization. All such
proceedings shall be continued and concluded, by final judgment or
otherwise, as if reorganization had not been effected. All such
rights or liabilities become the rights and liabilities of the
city-county; provided, however, that the charter may provide for
certain debts, demands, liabilities or obligations which are payable
by assessments or ad valorem taxes on properties within a district or
area (such as within a former district or city) to remain payable
from such assessments or ad valorem taxes within such a district or
area as though reorganization had not occurred.

51945. The legislative body of the city-county shall levy and
collect the taxes necessary to pay the indebtedness or liability of
each city and the county incurred prior to reorganization within the
city or the county which incurred such indebtedness, except as may be
otherwise provided in the charter.

51946. Notwithstanding any provision to the contrary in Chapter 1.5
(commencing with Section 2161), Part 4, Division 1, of the Revenue
and Taxation Code, the charter shall contain provisions either
establishing a limitation on the combined ad valorem property tax
rate and increases in such tax rate which may be levied by the
city-county and reorganized local jurisdictions under said charter or
establishing a method to limit such combined ad valorem property tax
rate or increases in such tax rate, to the extent that the
California Constitution or state law applicable to the city-county
from time to time may require such a limitation on the ad valorem
property tax rate and increases in such rate by the city-county.

51947. Immediately upon reorganization, all ordinances of the
cities and the county shall be deemed repealed. Such repeal shall not
discharge any person from any existing civil or criminal liability,
nor affect any pending prosecution for violation of any such
ordinances, nor affect vested rights created pursuant to said
ordinances. The charter may provide that ordinances of any city,
reorganized and consolidated, or the county shall remain in effect
and shall be applicable throughout the city-county until repealed by
the legislative body of the city-county.

51948. The repeal of ordinances pursuant to Section 51947 shall not
apply to:
(a) Ordinances under which vested rights have accrued to the
extent legally necessary to protect said vested rights.
(b) Ordinances relating to proceedings for street or other public
improvements, to the extent legally necessary to preserve said
proceedings completed or pending.
(c) Proceedings for opening, extending, widening, straightening,
or changing the grade of streets or other public places.
These proceedings shall be continued and conducted by the
city-county, with the same effect as if continued and conducted by
the city or county which commenced them.

51949. Upon reorganization, the charter of the city-county shall
have full effect throughout the city-county. The charter shall
recognize the status of each of the other cities which have voted to
retain their local governmental structure pursuant to Article 3 or
their governmental independence pursuant to Article 3.5, whichever is
applicable. The charter may provide for subgovernments, different
tax rates, and other differences in taxation, services, costs of
government and levels of service, and type of government
representation and administration in different areas of the
city-county.

51950. If reorganization is completed, all proper expenses of
reorganization proceedings not otherwise provided for shall be paid
by the county. If reorganization is not completed, the county shall
pay the expenses of calling and holding any election within it at
which the question of consolidation was submitted.

51951. One copy of the charter ratified and approved in accordance
with the provisions of this article shall be filed with the Secretary
of State and one with the recorder in the city-county; and
thereafter the courts shall take judicial notice of the provisions of
such charter.

51952. This chapter shall not be construed to prevent any
consolidated city-county from framing and adopting a new or revised
charter after consolidation in which case the provisions of Chapter 3
(commencing with Section 34450) of Part 1 of Division 2 of Title 4
shall be applicable.

51953. The charter may provide for the manner in which any of the
other cities which has elected to retain its local governmental
structure pursuant to Article 3 (commencing with Section 51920) or
its governmental independence pursuant to Article 3.5 (commencing
with Section 51939.50), whichever is applicable, may at any time
become consolidated and merged into the city-county government
following a majority vote of its voters voting thereon.