Outlying territory, whether incorporated or unincorporated, and whether contiguous or not, may be annexed to a district as provided in this article, except that no portion of any city shall be annexed unless consent of the governing body of the city is first obtained.
Sewer Maintenance DistrictsAnnexation
Section § 4895
This law states that areas outside of a district, whether they are part of a city or not and regardless of whether they border the district, can be added to a district following the procedures in the article. However, if the area is part of a city, the city's governing body must agree before it can be added to the district.
annexation district expansion outlying territory
Section § 4896
In this section, a board is allowed to set up a hearing to discuss whether a certain area should be added to an existing district. They must clearly outline the boundaries of the area they are considering for annexation in their official announcement.
The board may by resolution fix a time and place for a hearing upon the question of the annexation of territory to a district. The resolution shall describe the boundaries of the territory proposed to be annexed.
annexation hearing district expansion territory boundaries
Section § 4897
If there's a proposed annexation, a hearing date must be scheduled at least three weeks after the resolution to hold that hearing is adopted.
The date set for the hearing on the proposed annexation shall be at least three weeks after the date of the adoption of the resolution setting the hearing.
hearing date proposed annexation resolution adoption
Section § 4898
This law requires that the board post notices about a hearing regarding territory annexation in at least three clear locations within both the area to be annexed and the district handling the annexation. If the annexation involves territory from multiple districts, notices must be posted in at least three locations in each of those districts.
The board shall cause notices of the hearing to be posted in at least three conspicuous places in the territory proposed to be annexed and in at least three conspicuous places in the district. However, if the territory proposed to be annexed is in more than one existing district the notices shall be posted in at least three conspicuous places in each district in which is situated any of the territory proposed to be annexed.
annexation hearing notice posting requirements territory annexation
Section § 4899
This law section explains the requirements for notifying the public about a hearing regarding the annexation of territory. Notices titled "notice of hearing" need to be in large print and should include either a detailed description or a diagram of the area being annexed, along with the time and place of the hearing. These notices have to be posted at least ten days before the hearing date. Additionally, the board must ensure a notice is published once a week for two weeks in relevant newspapers to inform people in the current and proposed annexation areas.
The notices shall be headed “notice of hearing” in letters not less than one inch in height and shall contain a description of the territory proposed to be annexed and a statement of the time and place of the hearing. In lieu of the description the boundaries of territory proposed to be annexed may be shown by means of a diagram printed upon the notice. The notices shall be posted not less than ten days prior to the date set for the hearing. In addition to the notices the board shall direct its clerk to publish a notice once a week for two successive weeks in the newspaper of general circulation circulated in the district and another in the territory proposed to be annexed that the board deems most likely to give notice of the hearing to the inhabitants of each.
notice of hearing territory annexation public notification
Section § 4900
This law explains the process for a board hearing related to the annexation of territory into a district. When there is a proposal to include new property in a district, the board must listen to any objections and then decide whether the annexation would benefit the area. If they determine that it would, they can officially change the district's boundaries to include the new territory.
At the time fixed for the hearing or at any time to which it is continued the board shall hear and pass upon the proposal and any objections that may be filed to the inclusion of any property in the proposed annexation.
The board may, by order entered upon its minutes, determine that the territory proposed to be annexed or any part will be benefited by annexation and may order that the boundaries of the district be altered to include that territory.
annexation proposal hearing process property inclusion objections
Section § 4901
This law says that when a piece of land is officially added to a district, and that land was previously part of another district, it will automatically be removed from the old district.
If the territory annexed to the district comprises a portion of another district formed under the provisions of this chapter, or under the provisions of Chapter 26 (commencing at Section 5820), Part 3, Division 7 of the Streets and Highways Code, upon the annexation becoming complete the territory shall thereupon be withdrawn from the district of which it theretofore formed a part.
annexed territory district withdrawal annexation process
Section § 4902
This law explains that if a district is fully absorbed into another district, the original district is dissolved. Following this, any funds the dissolved district had are transferred to the new district. Additionally, any contracts or obligations the dissolved district had become the responsibility of the new district.
If the territory annexed to the district comprises all of another district, formed under the provisions of this chapter, or under the provisions of Chapter 26 (commencing at Section 5820), Part 3, Division 7 of the Streets and Highways Code, the theretofore existing district is thereupon dissolved. The funds of the dissolved district shall be transferred to the district to which all its territory has been annexed and all contracts or obligations of the dissolved district become the obligations of the district to which the territory has been annexed.
district annexation dissolved district territory annexed
Section § 4903
This law states that if a territory is being moved from one district to another, the move isn't official until any contracts the original district has related to that territory have ended or been changed or canceled, with everyone's agreement, so the original district no longer has to pay for upkeep there. Also, once the move is done, any leftover money must be split between the two districts. The split is based on the property values at the time of the move.
The exclusion of territory from one district and its annexation to another district shall not be effective until all outstanding contracts of the district from which it is excluded have expired or the contracts, with the consent of the parties, have been modified or canceled so as to relieve the district of further obligation to pay for future maintenance in the territory excluded, and until the funds remaining on hand upon the completion of the exclusion and annexation have been apportioned between the district to which the territory was annexed and the district from which it was excluded.
The division of the funds shall be prorated in the proportion that the assessed value of the real property of the territory so excluded bore to the total assessed value of the real property in the district immediately prior to the exclusion.
territory exclusion district annexation outstanding contracts
