Article 2. Annexation Of Noncontiguous Territory of California Public Utilities Code >> Division 7. >> Chapter 8. >> Article 2.
As used in this article, "petitioning district" means any
public utility district, water district, or irrigation district
containing land which is to be annexed to a public utility district.
As used in this article, "annexing district" means any
public utility district to which land is to be annexed.
Land not a part of and not contiguous to any district,
containing at least 10 privately owned acres, and lying within the
exterior boundaries of any petitioning district, the nearest boundary
of which is within three miles of the nearest boundary of the
annexing district may be annexed to the annexing district in the
manner provided in this article or in the District Reorganization Act
of 1965 (commencing at Section 56000, Government Code). When
proceedings for such annexation are taken pursuant to this article,
only the provisions of this article shall apply thereto.
The board of directors or other governing body of the
petitioning district may request by petition that lands lying within
its boundaries and described in the petition be annexed to the
annexing district upon such terms and conditions as are set forth in
The petition shall be addressed to the board of directors of
the annexing district and filed with the secretary of the annexing
The execution and filing of the petition by the petitioning
district shall be authorized by resolution of its board of directors
and a certified copy of the resolution shall be filed with the
If the board of directors of the annexing district
determines that the annexation of the territory will facilitate the
acquisition, construction, completion, or operation of any public
utilities works of the petitioning district, or the annexing
district, and will not operate to the disadvantage of the annexing
district, and that the territory proposed to be annexed will be
benefited by the annexation, it shall determine the terms and
conditions upon which the annexation shall be made.
In the terms and conditions, the board may provide for any
of the following:
(a) That the territory to be annexed shall not become liable by
assessment or otherwise (1) for any of the outstanding obligations of
the annexing district; (2) for any expense incurred in acquiring
property used or to be used for the servicing of any land within the
exterior boundaries of the annexing district as they then exist; (3)
for any costs or charges incurred in connection with the replacement
or construction of any utility system or for the delivery of any
commodity or service within the annexing district.
(b) That the land to be annexed shall be subject to such
assessments and charges as required to provide (1) for any utility
system or property necessary to serve the annexed land; (2) for the
costs of maintaining, servicing, and operating such properties.
(c) That the liability of the land to be annexed may be limited
solely to the fixing and collecting of charges for utilities or
commodities actually supplied to the petitioning district by the
The terms and conditions may also provide for any of the
(a) That any and all property, services, or commodities may be
delivered directly to the petitioning district.
(b) That the annexation may be made contingent upon the annexing
district obtaining the necessary approval for the annexing of such
lands from any and all agencies, authorities, and districts of which
the annexing district may be a member.
(c) That the annexed territory may be required to waive and will
not be entitled to receive, use, or participate in any services,
commodities, or property or some specific part thereof which may be
owned by the annexing district, or to which it may be entitled.
(d) Any other terms and conditions authorized by the District
Reorganization Act of 1965 (commencing at Section 56000, Government
The terms and conditions shall become effective and binding
upon the annexing district and upon the territory to be annexed and
the petitioning district when approved in the manner provided in this
The resolution of the board of directors of the annexing
district shall describe the territory proposed to be annexed and set
forth the terms and conditions at length upon which the annexation is
proposed to be made, and declare the board's intention of approving
such annexation upon the terms and conditions therein specified.
After the board of directors of the annexing district
shall have adopted a resolution declaring its intention of approving
an annexation the secretary of such district shall file a certified
copy of such resolution with the executive officer of the local
agency formation commission.
After said resolution has been filed with the executive
officer, proceedings thereon shall be taken by the local agency
formation commission in the manner and subject to the provisions of
Part 4 (commencing at Section 56250, Government Code) of the District
Reorganization Act of 1965. If the resolution and proposed
annexation are approved by the commission, with or without amendment,
wholly, partially or conditionally, it shall be mandatory for the
board of directors of the annexing district to complete the
proceedings for such annexation, subject to compliance with the
commission's resolution making determinations.
After receipt of the resolution of the local agency
formation commission making determinations, the board of directors of
the annexing district shall cause publication of its resolution
declaring its intention of approving such annexation and a notice
fixing the time and place of hearing thereon and notifying all
persons interested in or that may be affected by the proposed
annexation of territory to appear at the meeting and show cause in
writing, if any they have, why the territory or any part of it should
not be annexed as proposed in the resolution. The notice and
resolution shall be published pursuant to Section 6061 of the
Government Code in a newspaper of general circulation printed and
published in the annexing district, or if there is no such newspaper,
in a newspaper of general circulation printed and published in the
county where all or a part of the annexing district is situated.
The time fixed for hearing shall not be less than 20 days
nor more than 60 days after the date of the first publication of the
resolution, and the notice and resolution shall be posted in three
public places in the territory proposed to be annexed at least 15
days before the date set for the hearing.
At the hearing or any continuance thereof, the board of
directors of the annexing district shall hear all relevant evidence
and shall determine whether the territory shall be annexed and upon
what terms and conditions, if any, such annexation shall be made.
At the hearing or any prior time, any person interested may
file with the board of directors of the annexing district a written
protest to the proposed annexation or to the approval of the terms
If written protests are filed by the owners of taxable
property in the territory proposed to be annexed, the board of
directors shall refer the protests to the board of supervisors of the
county in which the district is situated. The board of supervisors
shall thereupon hold a hearing on the protests after notice given in
the manner provided in Article 2, Chapter 2 of this division.
If the board of supervisors finds and determines at the
hearing that the property described in the protests will not be
substantially benefited by annexation to the district, it may notify
the board of directors of the annexing district that such property
shall not be annexed to the district, and the board of directors
shall take the necessary steps to exclude the property from the
territory proposed to be annexed.
Any person who is interested in any land located within the
annexing district or the territory to be annexed and who does not
file a written protest is deemed to have assented to the annexation
of the territory set forth in the petition of the petitioning
district, and upon the terms and conditions set forth therein.
After the hearing, the board of directors of the annexing
district may adopt a resolution ordering and approving the
The annexing board shall by resolution describe the
territory ordered to be annexed, and set forth the boundaries of the
district as they will exist after the annexation. The order shall
also set forth in detail the terms and conditions, if any, of the
annexation; and if the annexation is for limited purposes only, the
land which is being annexed shall be described as one parcel and the
land of the annexing district shall be described as a separate and
After adoption of the resolution ordering the annexation,
the secretary of the annexing district shall make the filings
provided for in Chapter 8 (commencing at Section 56450, Government
Code) of Part 5 of the District Reorganization Act of 1965. A
certified copy of the resolution provided for by Section 17379 shall
accompany and be made a part of such filings. The annexation shall be
completed and effective on the dates specified in said Chapter 8.
The inclusion in, or annexation or addition to, a public
utility district of the corporate area of any public corporation or
public agency shall not destroy the identity or legal existence or
impair the powers of any such public corporation or public agency,
notwithstanding the identity of purpose, or substantial identity of
purpose, of such public utility district.