2007 California Health and Safety Code Article 7. Annexation

CA Codes (hsc:4830-4839)

4830.  Territory, whether situated within the same or another county
and whether incorporated or unincorporated, which is not included in
any other county sanitation district or other district formed for
similar purposes, may be annexed to a county sanitation district if
the directors find and determine that the additional territory will
be benefited by annexation.  Notwithstanding the provisions of the
preceding sentence, territory, whether situated within the same or
another county and whether incorporated or unincorporated, which is
included in any district, which district is not, at the time of the
proposed annexation, performing similar services in the area proposed
to be annexed, may be annexed to a county sanitation district if the
board of directors finds and determines that the additional
territory will be benefited by the annexation.  The land proposed to
be annexed need not consist of contiguous parcels nor be contiguous
with the county sanitation district when such land is within the same
county. When land proposed to be annexed is not within the same
county such land shall be contiguous to the district.




4831.  If a refuse transfer or disposal system of the district, or
both, is in existence, any territory proposed to be annexed to the
district shall be and become a part of said system unless an express
finding is made by the district board that said territory proposed to
be annexed will not be benefited by its inclusion in said system.




4831.5.  Property contiguous to a sanitation district but which is
situated in a county other than the county in which the sanitation
district has been organized may be annexed to said sanitation
district and to any improvement district therein.




4832.5.  Whenever any territory in another county is annexed to a
district it thereupon becomes a part of the district.  The board of
supervisors of the county in which is situated the annexing territory
shall appoint one of its members to sit as a member of the board of
directors of said district.  All ordinances theretofore and
thereafter adopted by the board of directors shall have full force
and effect in all portions of the district regardless in which county
the property is situated.



4832.6.  Notwithstanding the provisions of Section 4832.5, whenever
territory of less than 50 acres in another county is annexed to the
Selma-Kingsburg-Fowler County Sanitation District, and if the board
of supervisors of the county in which the territory to be annexed is
situated consents, no member of the board of supervisors of the
county in which the territory to be annexed is situated shall become
a member of the board of directors of the district.



4833.  Taxes for a district which is situated in more than one
county as provided in this article shall be levied in accordance with
the following procedure:
   (a) The board of directors shall annually, before the time of
fixing the general tax levy for county purposes, estimate the amount
of money necessary to be raised by taxation to meet the requirements
for operation, maintenance, and payment of principal and interest on
outstanding bonds which will become payable before the proceeds of
another tax levy made at the time of the next general tax levy for
county purposes can be made available for payment of such operation,
maintenance, principal and interest.
   (b) The total estimate shall be divided by the board of directors
in proportion to the value of the real property of the district and
any improvement district in each county.  The value shall be
determined from the equalized values of the last assessment rolls of
the counties.  When the division of the estimate has been made, the
board of directors shall promptly certify to the boards of
supervisors of the counties in which the district is situated the
respective parts of the estimate apportioned to each county.
   (c) The board of supervisors of each county in which is situated
any part of a district shall annually, at the time of levying county
taxes, levy a tax upon all the property within the district or any
improvement district situated in the county sufficient to raise the
amount so certified to the board of supervisors by the board of
directors.
   (d) The tax shall be collected by the same officers and in the
same manner as other county taxes, and the money so collected shall
be deposited in the county treasury of the county in which the
original district was created and credited to the account of said
district.
   (e) The treasurer of the county in which is situated the annexing
territory shall at any time, but not oftener than twice a year, upon
order of the board of directors, settle with the board of directors
and pay over to the county treasurer, who is the repository of the
funds of said district, all money in his possession belonging to said
district.



4834.  Territory already a part of a county sanitation district may
be annexed to an improvement district of that county sanitation
district under the procedure set forth in Sections 4835 to 4839,
inclusive.  Whenever territory is so annexed to an improvement
district of a county sanitation district, the annexed territory shall
be subject to all the liabilities and entitled to all the benefits
of the improvement district.



4835.  The district board shall adopt a resolution initiating
proceedings for annexation pursuant to Section 4834, which resolution
shall contain all the following:
   (a) Set forth the exterior boundaries of the territory proposed
for annexation.
   (b) State that the territory will be benefitted by annexation to
the improvement district.
   (c) Fix a time, date, and place of hearing on the proposed
annexation, which shall be not less than 15 days nor more than 60
days after the date of adoption of the resolution initiating
proceedings.
   (d) State that any interested person desiring to make written
protest against such annexation shall do so by written communication,
containing the signature and street address of the protestant, filed
with the clerk of the district not later than the hour set for
hearing.



4836.  The clerk of the district shall give notice of the hearing by
mailing a copy of such notice to all landowners owning land within
the territory proposed to be annexed, and by publishing notice
thereof in at least two successive issues, not more than 30 nor less
than 10 days prior to the hearing, in a newspaper of general
circulation published in the county.



4837.  A majority protest shall be deemed to exist, and the proposed
annexation shall be abandoned, if the district board shall find that
written protests filed and not withdrawn prior to the conclusion of
the hearing represent more than 50 percent of the assessed value of
the land therein.


4838.  At the hearing, all interested persons shall be given the
opportunity to present evidence and testimony for or against the
proposed annexation.  Any person who shall have filed a written
protest may withdraw the written protest at any time prior to the
conclusion of the hearing.
   If a majority protest shall not have been filed, the district
board, not later than 30 days after the conclusion of the hearing,
shall adopt a resolution making one of the following determinations:

   (a) Disapproving the proposed annexation.
   (b) Approving the proposed annexation.
   (c) Approving the annexation, but excluding any lands which the
board finds will not be benefitted by becoming a part of such
improvement district.



4839.  If the district board approves the proposed annexation, or
approves the annexation but excludes any lands, a certified copy of
the resolution of the district board, together with a map or plat of
the new boundaries of the improvement district, shall be filed with
the agencies designated in and as required by Sections 54900, 54901,
and 54902 of the Government Code.  Upon such filing, the annexation
of the territory to the improvement district shall be effective.