Article 8. Annexation of California Public Utilities Code >> Division 6. >> Chapter 8. >> Article 8.
Any public agency or portion thereof or unincorporated
territory within the boundaries of a district (hereinafter referred
to collectively as "territory") not included within the boundaries of
a special district may be annexed thereto in the manner provided in
this article.
The board shall by resolution determine that the annexation
of the territory will facilitate the acquisition or operation of a
public utility for the special district, describe therein the
territory, declare its intention to annex the territory to the
special district, set forth the terms and conditions upon which the
territory shall be annexed, fix the time and place for hearing on the
question of the annexation, and provide for the giving of notice of
the hearing.
No public agency or portion thereof shall be annexed to a
special district unless the legislative body thereof shall by
resolution consent.
The terms and conditions for the annexation of territory to
a special district may provide, among other things, for the payment
of taxes within the territory to be annexed in addition to the taxes
elsewhere in this division provided for, the fixing of rates,
rentals, and charges differing from those fixed or existing elsewhere
within the special district, the making of a payment or payments, or
the transfer of property, real and personal, and other assets to the
district by the territory proposed to be annexed.
Notice fixing the time and place for hearing on the question
of the annexation of territory to a special district shall be
published once in a newspaper of general circulation published in the
district.
The time for hearing shall be not less than 30 nor more than
60 days from the date of the first publication of the notice.
At or before the hearing any person interested may file with
the secretary of the district written objections to the annexation
of the territory to the special district or to the inclusion of his
property therein. Upon the hearing, the board shall hear and
determine all protests and objections.
The hearing may be adjourned from time to time by the board
without further notice other than an order entered upon the minutes
of its meeting fixing the time and place of adjournment. In the event
that no protests are filed or the protests filed are overruled and
denied the board shall thereupon by resolution declare the territory,
or a portion thereof, annexed to the special district.
From and after the date of filing of the resolution with the
secretary of the district the annexation of the territory, or
portion thereof, to the special district is complete.
No annexation to a special district shall operate to
dissolve or terminate the legal existence of any public agency within
or partly within the territory annexed.
From and after the date of annexation any territory annexed
to a special district is liable for payment of its proportionate
share of any indebtedness then existing and payable by the special
district. From and after the date of annexation the board shall levy
upon all of the property in the territory annexed such taxes, tolls,
or charges as are necessary to comply with the terms and conditions
of annexation, in addition to any other district taxes authorized
elsewhere in this division to be levied and collected.