SECTIONS 57375-57385 - California Statutes

GOVERNMENT CODE

SECTION 57375-57385

57375. Except as otherwise provided in this chapter, on and after
the effective date of an incorporation, the territory incorporated,
all inhabitants within the territory, and all persons entitled to
vote within the newly incorporated city by reason of residing in the
city are subject to the jurisdiction of the city and shall have the
rights and duties conferred on them as inhabitants and voters of the
incorporated city.

57376. (a) If the newly incorporated city comprises territory
formerly unincorporated, the city council shall, immediately
following its organization and prior to performing any other official
act, adopt an ordinance providing that all county ordinances
previously applicable shall remain in full force and effect as city
ordinances for a period of 120 days after incorporation, or until the
city council has enacted ordinances superseding the county
ordinances, whichever occurs first. However, if the Board of
Supervisors of the County of Orange has adopted an ordinance or
resolution, or both, pursuant to Section 50029 or 66484. 3 prior to
the effective date of an incorporation of a city within that county,
that ordinance or resolution shall not be repealed or superseded by
the city until the county ordinance or resolution has been repealed
or superseded by the board of supervisors of that county. If the
county ordinance or resolution is repealed or superseded, then within
30 days of the effective date of the ordinance or resolution
repealing or superseding the county ordinance or resolution, the city
council shall enact a new ordinance or resolution conforming in all
respects to the action taken by the county. The ordinance enacted by
the city council immediately following its organization also shall
provide that no city ordinance enacted within that 120-day period of
time be deemed to supersede any county ordinance unless the city
ordinance specifically refers to the county ordinance, and states an
intention to supersede it. Enforcement of the continuing county
ordinances in the incorporated area shall be by the city, except
insofar as enforcement services are furnished in accordance with
Section 57384.
(b) In the event that the County of Orange and any city within
that county have entered into a joint powers agreement for the
purpose of constructing the bridges and major thoroughfares referred
to in Sections 50029 and 66484.3, and if a newly incorporated city
within that county comprises territory formerly unincorporated but
within an area of benefit established pursuant to Section 66484.3,
then the city shall comply in all respects with the agreement,
including any subsequent modifications thereof, as if the city were a
party thereto.

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 successors are elected and qualified. Of the
five elected members of the city council, the two receiving the
lowest number of votes shall hold office until the first succeeding
general municipal election held in the city and until their
successors are elected and qualified, and the three receiving the
highest number of votes shall hold office until the second succeeding
general municipal election held in the city and until their
successors are elected and qualified. If two or more members of the
city council are elected by the same number of votes, the terms of
each shall be determined by lot. The members of the city council
elected to succeed the members elected at the incorporation election
shall hold office for four years from the Tuesday succeeding their
election, and until their successors are elected and qualified.

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 Article 2 (commencing with Section
34870) of Chapter 4 of Part 1 of Division 2 shall apply to those
elections.

57379. If the first general municipal election following an
incorporation election will occur less than one year after the
effective date of incorporation, or occurred on or after November 1,
1987, and less than one year after the incorporation election, of the
five elected members of the city council, the two receiving the
lowest number of votes shall hold office until the second general
municipal election following the incorporation election and until
their successors are elected and qualified, and the three receiving
the highest number of votes shall hold office until the third general
municipal election following the incorporation election and until
their successors are elected and qualified.
The first general municipal election following the incorporation
election shall not be held unless either a proposition is to be voted
upon or offices other than city council member offices are to be
filled.
In the event that, pursuant to Section 56724, the first election
for city council members was held after the election on the
incorporation proposal, the term "incorporation election" in this
section means the first election for city council members.

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, though the terms of the offices for which
they were elected or appointed have not expired.

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.

57383. The board of supervisors of Los Angeles County may, by a
two-thirds vote, convey any parking lot owned by the county and
situated within the boundaries of an incorporated city to the city
for public parking purposes, without consideration other than the
agreement by the city to continue to use and maintain the property as
a public parking lot.
This section applies only to parking lots acquired principally
from revenues raised through onstreet or offstreet parking fees for
the specific purpose of parking lot development, and does not apply
to lots purchased through expenditures from the general fund or other
means to serve as sites for other types of facilities.
The conveyance provided for by this section shall not occur until
all liens or financial obligations attached to those lots have been
satisfied.

57384. (a) Except as provided in subdivision (b), whenever a city
has been incorporated from territory formerly unincorporated, the
board of supervisors shall continue to furnish, without additional
charge, to the area incorporated all services furnished to the area
prior to the incorporation. Those services shall be furnished for the
remainder of the fiscal year during which the incorporation became
effective or until the city council requests discontinuance of the
services, whichever occurs first.
(b) This subdivision applies only to incorporations for which the
petition or resolution of application for incorporation is filed with
the commission on or after January 1, 1987. Prior to the commission
adopting a resolution making determinations, the board of supervisors
may request that the city reimburse the county for the net cost of
services provided pursuant to subdivision (a). The commission shall
impose this requirement as a term and condition of its resolution.
The city shall be obligated to reimburse the county within five years
of the effective date of the incorporation or for a period in excess
of five years, if the board of supervisors agrees to a longer
period. As used in this subdivision, "net cost of services" means the
total direct and indirect expense to the county of providing
services, as determined pursuant to paragraph (2) of subdivision (c)
of Section 56810, adjusted by any subsequent change in the California
Consumer Price Index, less any revenues which the county retains
that were generated from the formerly unincorporated territory during
the period of time the services are furnished pursuant to
subdivision (a). This subdivision applies only to those services
which are to be assumed by the city.
(c) At the request of the city council, the board of supervisors,
by resolution, may determine to furnish, without charge, to the area
incorporated all or a portion of services furnished to the area prior
to the incorporation for an additional period of time after the end
of the fiscal year during which the incorporation became effective.
The additional period of time after the end of the fiscal year during
which the incorporation became effective for which the board of
supervisors determines to provide services, without charge, and the
specific services to be provided shall be specifically stated in the
resolution adopted by the board of supervisors.

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 been accepted into the county road system
pursuant to Section 941 of the Streets and Highways Code are, or
shall become, as the case may be, city streets on the effective date
of the incorporation.
(b) Subdivision (a) does not apply to a road or highway which had
been accepted into the county road system pursuant to Section 941 of
the Streets and Highways Code after the date of the first signature
on a petition for annexation or incorporation, the adoption of a
resolution of application by an affected local agency, or a date
mutually agreed upon by the city and the county.
(c) Nothing in subdivision (a) requires a city to improve the
affected road or highway to city standards.