Article 5. Annexation of California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 1. >> Article 5.
Territory which is either within or without the boundaries of
the city and which is not within the boundaries of any other
improvement district formed pursuant to this chapter may be annexed
to any existing improvement district by the governing body of the
Territory which is outside the boundaries of the city, or
the initiating city, as the case may be, shall not be annexed unless
the governing body of the city within which such outside territory is
situated, or, in the case of unincorporated territory, the board of
supervisors of the county in which such territory is situated,
consents to such annexation by resolution adopted at any time prior
to the conclusion of the hearing which is provided for by Section
4646 on the annexation. Any district which as a result of any
annexation includes territory not solely within the boundaries of a
single city shall thereafter be deemed to be a district formed
pursuant to Article 2a (commencing with Section 4614.1) of this
chapter even though it was not originally formed pursuant to that
Whenever the governing body of the city determines and finds
that additional territory will be benefited by annexation to the
district, it may pass a resolution to that effect.
The resolution shall be passed by a vote of two-thirds of all
the members of the governing body of the city.
The resolution shall do all of the following:
(a) Describe the boundaries of the territory proposed to be
(b) Designate the proposed annexation by an appropriate number.
(c) Declare that the area to be annexed to the district will be
benefited by such annexation.
(d) Name the time and place for the hearing of objections by any
person interested in the proposed annexation, to the inclusion in the
district of any land described in the resolution.
The resolution, together with the names of the members of the
governing body voting for and against it, shall be published,
posted, and mailed as provided in Sections 4610 and 4610.5, except
that in applying such sections the word "district" shall mean the
territory proposed to be annexed.
On the day fixed for the hearing, or any day to which the
hearing is continued, the governing body shall hear and consider any
objections presented to the annexation of the territory to the
district or to the inclusion of any territory proposed to be annexed.
At the hearing the governing body shall exclude from the proposed
annexation any territory which in its opinion will not be benefited
by such annexation.
After making all necessary and proper changes in the
boundaries, the governing body may, by a resolution passed by a
two-thirds vote of all its members order the annexation to the
district of all or such part of the territory originally proposed to
be annexed as the governing body determines will be benefited by such
annexation and shall describe the boundaries of the territory
annexed. This resolution, together with the names of the members of
the governing body voting for and against the resolution, shall be
spread upon the minutes of the governing body. Certified copies of
the resolution shall be recorded and filed in the manner and with the
same force and effect as provided in Section 4613.
Upon the recordation of such resolution the territory annexed
is a part of the district and is subject to all the liabilities and
entitled to all the benefits of the district.