Article 2. Changes Of Organization For Assessment Districts of California Streets And Highways Code >> Division 15. >> Part 2. >> Chapter 2. >> Article 2.
The legislative body, either in a single proceeding or by
separate proceedings, may order one or any combination of the
following changes of organization:
(a) The annexation of territory to an existing assessment district
formed under this part.
(b) The detachment of territory from an existing assessment
district formed under this part.
(c) The dissolution of an existing assessment district formed
under this part.
(d) The consolidation into a single assessment district formed
under this part of any combination of two or more of any of the
following:
(1) An existing assessment district formed pursuant to this part.
(2) An existing lighting, street lighting, maintenance, or tree
planting district formed pursuant to Chapter 26 (commencing with
Section 5820) of Part 3 of Division 7, Part 1 (commencing with
Section 18000), Part 2 (commencing with Section 18300), Part 3
(commencing with Section 18600), or Part 4 (commencing with Section
19000) of Division 14, or Part 1 (commencing with Section 22000) of
this division, or pursuant to any procedural ordinance adopted by a
charter city.
(e) The legislative body shall not, by annexation, detachment,
dissolution, or consolidation, alter the obligation of property
owners to pay the principal of, and interest on, bonded debt or notes
issued pursuant to Section 22662.5. This section does not prevent
the lawful refunding of the bonded debt or notes or the apportionment
of assessments upon the division of properties assessed.
Proceedings for a change of organization may be:
(a) Undertaken subsequent to or concurrently with proceedings for
the formation of an assessment district under this chapter. Any or
all such proceedings may be conditioned on the completion of any
other or all such proceedings.
(b) Combined with proceedings for the formation of an assessment
district under this chapter. In such case, any of the several
resolutions, reports, notices, or other instruments provided for in
this part may be combined into single documents.
Except as otherwise provided in this article, proceedings
for a change of organization shall be initiated, conducted, and
completed in substantial accordance with the procedure provided in
Article 1 (commencing with Section 22585) of this chapter for the
formation of an assessment district.
In annexation proceedings, the resolutions, report, notices
of hearing, and right of majority protest shall be limited to the
territory proposed to be annexed, and shall be waived with the
written consent of all of the owners of property within the territory
to be annexed. Notice of hearing on the proposed annexation shall be
published, posted, and mailed. Mailed notice may be dispensed with
as to all property owners who shall have filed a written request for
the annexation of their property.
In the event that an ordinance requires the installation
of any improvements described in this part by a subdivider, the
resolution of intention may state that the territory owned by the
subdivider comes under the terms of such ordinance and order that
such territory be formed into an assessment district, or annexed to
an existing assessment district, without notice and hearing or filing
of an engineers report, or both.
In detachment proceedings, the resolutions, report, notices
of hearing, and right of majority protest shall be limited to the
territory proposed to be detached. The legislative body may dispense
with:
(a) The resolution and report required by Sections 22585 and 22586
and may initiate proceedings by the adoption of the resolution of
intention.
(b) Posted and mailed notice of hearing.
In dissolution proceedings, the legislative body may
dispense with the resolution and report required by Sections 22585
and 22586 and may initiate dissolution proceedings by the adoption of
the resolution of intention. The legislative body may dispense with
posted and mailed notice of hearing. If the legislative body orders
the dissolution of an assessment district, any moneys in the
improvement fund for the district shall be transferred to the general
fund of the local agency.
Notwithstanding any other provision of law, the single
assessment district resulting from a consolidation under this article
shall assume all assets and liabilities of the districts
consolidated and shall be entitled to all of the property tax
revenues to which each of the separate districts involved in the
consolidation would have been entitled had such districts not been so
consolidated.
If all of the territory of a district is included within one
city by annexation or incorporation, the legislative body may
transfer jurisdiction over the district to the city council of the
city by a joint resolution setting forth the mutually agreed upon
terms and conditions under which the transfer is to take place.
(a) Whenever any territory of an assessment district is
included within a city by annexation or incorporation, whether that
inclusion occurs before or after the completion of the formation of
the assessment district, and the notification requirements of
subdivision (c) of Section 57200 of the Government Code have been
met, that territory is thereby excluded from the assessment district.
(b) Subdivision (c) of Section 99 of the Revenue and Taxation Code
applies to alterations of territory pursuant to this section.
(c) If the assessment district has issued bonds or notes pursuant
to Section 22662.5 and the bonds or notes are outstanding and owing
on the date of the withdrawal, the property within any territory
withdrawing from the district shall continue to be liable for
assessment and payment of its pro rata share of the bonds or notes.