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Home My WebLink AboutGovernment Code Sections related to Annexation of Territory PLFA.9F. RETURN TO b a CLERK i ANNEXATION OF TERRITORY TO CITIES Government Code Sections with Summary of Major Steps for Reference Purposes i i REVISED SEPTEMBER 20, 1963 I Compiled and Published by DUANE W. WHEELER AND COMPANY Division of ALDINE PRINTING COMPANY 1160 South Figueroa Street Los Angeles, California 90015 ,F i u ' i Copyright 1964 a \ by Dune W.fh'eeler and Company Division of SAdine„Printing Company A DIVISION OF AREA CODE: 213 ALDINE PRINTING CO. PHONE: 749-3186 Duane W. Wheeler & Co. Election Supplies 1 Lithographers• Printers• Office Supplies TOM ALSTROM 1160 SO FIGUEROA STREET Director of Election Operations LOS ANGELES 15, CALIF TABLE OF CONTENTS Page Local Agency Annexation Commission . . . . . . . . . . . . . . . . 1 Annexation of Inhabited Territory Summary . . . . . . . . . . . . . 3 Annexation of Enclosed Territory Act of 1963 Summary . . . 7 Annexation of Uninhabited Territory Summary . . . . . . . . . . . 9 Government Code Sections: General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Annexation Act of 1913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Annexation of City Owned and School District Owned Territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Annexation of Territory of an Adjacent City . . . . . . . . . . . . . .34 Annexation of Uninhabited Territory Act of 1939 . . . . . . . . .35 Annexation of Enclosed Territory Act of 1963 . . . . . . . . . . . .44 Annexation of County Highways . . . . . . . . . . . . . . . . . . . . . . . .49 LOCAL AGENCY ANNEXATION COMMISSION (Govt.Code Secs. 54750 to 54771, inclusive) Summary of Major Steps (This summary is intended merely as a general guide to the applicable code sections) I. FORMATION AND MEMBERSHIP OF ANNEXATION COMMISSION A local annexation commission is created in each county (Sec. 54752), except those in which there is no city or in which there is only one city (Sec. 54751). Composition of the com- mission (Sec. 54753). Term of membership (Sec. 54753.1). Selec- tion and retention of membership (Secs. 54754, 54755, 54756, 54759). Compensation of members (Sec. 54758). II. POWER AND DUTIES OF COMMISSION The commission shall review and approve or disapprove, in whole or in part, proposals for the annexation of territory to cities, and shall adopt standards and procedures for evaluating annexation proposals (Sec. 54760). III. NOTICE OF INTENTION TO ANNEX No annexation petition shall be circulated, nor shall a govern- ing body initiate proceedings to annex on its own motion, un- til a notice of intention to annex has been filed with the com- mission (Sec. 54761). No further action shall be taken until the commission has rendered its decision (Sec. 54762). IV. SUBMISSION TO BOUNDARY COMMISSION A map and specific legal description of the boundaries of the proposed territory to be annexed must be filed with the secre- tary of the county boundary commission. In a proceeding in- volving the proposed annexation of incorporated territory (An- nexation Act of 1913) notice should first be given to the an- nexation commission and then to the city. After that the pro- posed boundaries should be submitted to the boundary commis- sion (Secs. 35002, 35106). In other types of annexation pro- ceedings it is not necessary to file with the city before a sub- mission is made to the county boundary commission (Sec. 35002). Am f i map o the proposed area must also be filed with the county clerk or registrar of voters. Boundary commission must make its report in 20 days (Sec. 31002), a copy of which shall be trans- mitted to the annexation commission (Sec. 54762), and pre- pare a list of districts affected (Sec. 35002.1) V. HEARING Following receipt of the boundary commission report the annexation commission shall set the date, time and place of pub- lic hearing on the proposal, which hearing must be held within 60 days following receipt of the notice of intention to annex (Sec. 54763). Parties to be notified of such hearing (Sec. 54763). Conduct of hearing (Sec. 54764). 1 VI. DETERMINATION OF ANNEXATION COMMISSION Upon conclusion of the hearing the commission may consider the matter, and shall, within 30 days, present its determination (Sec. 54766). Factors to be considered in reviewing annexation proposal (54765). If the commission approves the proposal, proceedings may be continued as otherwise provided by law (Sec. 54766). Result if commission approves with modifications or conditions (Sec. 54766). If the commission disaproves the proposed annexation, further proceedings shall terminate (Sec. 54766) and no notice of intention to annex the same or substan- tially the same territory to the same city may be filed with the commission for one year after the date of disapproval (Sec. 54767). 2 ANNEXATION OF INHABITED TERRITORY TO CITIES Annexation Act of 1913 (Govt. Code Secs. 35100 to 35158, inclusive) SUMMARY OF MAJOR STEPS (This summary is intended merely as a general guide to the applicable code sections) I. TERRITORY WHICH CAN BE ANNEXED Generally the territory must be contiguous to the city (§ 35104)* and must be inhabited though it can be divided by roads, streams, etc. (§ 35105). For "contiguous" see § 35002.5. If a narrow strip of land is involved, or a highway alone, see § 35002.5 and§ 35105.5.If territory is publicly owned,see§ 35003. If land owned by junior college district, see § 35004. If land zoned for agricultural purposes, see § 35009. If another annexation pro- ceeding is pending, see § 35002, § 35113 and § 35115. If territory is part of another city it cannot be annexed (§ 35110). Terri- tory shall not be annexed if, as a result, unincorporated land territory is completely surrounded by the city or by land terri- tory of such city on one or more sides and the Pacific Ocean on the remaining sides. (§ 35158 and § 35002.3). Residential lots should not be split, see § 35008. If tide or submerged land in- volved see § 35014. II. PRELIMINARY CONSENT OF CITY The consent of the city legislative body must be obtained be- fore proceedings are commenced (§ 35106). If city has plan- ning commission, comply with § 35108 and § 35109. If subdi- vided territory involved, see § 35107. III. SUBMISSION TO BOUNDARY COMMISSION See procedure summarized under "Local Agency Annexation Commission". IV. PUBLICATION OF NOTICE OF INTENTION TO CIRCULATE PETITION Proponents must publish notice of intention to circulate an- nexation petition (§ 35111) at least once in newspaper of gen- eral circulation published in city (Elections Code § 4003). For contents see § 35111 and Elections Code § 4002. Within 10 days after publication proponents file the notice, statement and affi- davit of publication with City Clerk (§ 35112). V. RESOLUTION APPROVING CIRCULATION OF PETITION Within 15 days after filing of affidavit of publication, city may adopt resolution approving the circulation of the petition (§ 35113). This prohibits other proceedings for 50 days (§ 35113). In no event shall a petition be circulated before this consent (§ 35114). *All references are to Government Code Sections unless otherwise indicated. 3 r VI. CIRCULATION AND FILING OF PETITION Annexation petition may be circulated 21 days after publica- tion of notice of intention to circulate (§ 35114). Petition shall contain a description of the new territory pro- posed to be annexed, ask that it be annexed (§ 35116) and bear a copy of the published notice of intention and accompanying statement (Elections Code § 4006). Signature requirements are set forth in Elections Code § 45 and § 46. The date of signing should be affixed (§ 35000). Form of affidavit of the circulator to be attached to each petition is set forth in Elections Code § 47, § 4008. Petition must be filed within six months of the earliest date on which a signature was affixed (§ 35001). Petition is filed with legislative body and City Clerk and the county officer having charge of the registration of voters shall within 2 weeks, check the petition and certify to the sufficiency thereof (§ 35116). Petition must be signed by not less than 1/4th of the qualified electors residing within the territory to be an- nexed (§ 35116). If petition is insufficient, supplemental petitions can be filed within 10 days of the date of the certificate of insufficiency (§ 35116). Receipt by the legislative body of a sufficient petition gives it jurisdiction over the proceedings and until the proceedings are terminated no others can be commenced (§ 35115). VII. RESOLUTION OF INTENTION TO CALL SPECIAL ELECTION If a sufficient petition is filed, the city shall without delay pass this resolution which must contain items set forth in § 35117. The hearing of protests set forth in the resolution shall be held not less than 15 nor more than 40 days after passage of resolu- tion (§ 35118). Notice of hearing shall be published and mailed in certain cases (§ 35119). Written protests may be made no later than the hour set for the hearing, but if there are insuffi- cient protests to terminate the proceedings supplemental pro- tests may be filed within 10 days thereafter (§ 35120). Contents of a protest or a protest by petition are set forth in § 35120. VIII. HEARING At the time set for hearing protests, or to which the hearing may have been continued, the city legislative body shall hear and pass upon all protests so made (§ 35121). Protests by owners of one-half of the value of the land to be annexed stops proceed- ings (§ 35121). If no majority protest is made the city may de- crease area up to 5% after resubmission to Boundary Commission (§ 35121.6) but not increase area (§ 35121.5). City legislative body is required to find by resolution whether a majority protest exists (§ 35007, § 35121.1). Protests may be withdrawn prior to end of hearing by a written statement (§ 35012). If no majority protest, city has two alternatives: (1) it may call special election to be held not sooner than 54 days nor later than 75 days from termination of hearing, or (2) it may ter- 4 minate proceedings and no further proceeding may be taken for one year (§ 35122). For termination prior to hearing and the effect thereof, see § 35007. IX. RESOLUTION CALLING SPECIAL ELECTION Resolution shall call special election within territory to be an- nexed (§ 35122) and designate precincts and polling places (§ 35126). Election officers should be appointed (§ 35127). Form of ballot should be set out (§ 35128) and manner of voting (§ 35129). If the territory proposed to be annexed equals either (a) one-half of the value of city territory or (b) contains one- half the number of voters in the city, then a special election shall also be held in the city (§ 35122). X. NOTICE OF ELECTION Publish notice of election as prescribed in § 35123. Required contents of notice set out in § 35124. It is permissible to set effective date of annexation in notice (§ 35146). Election officers and polling places should be included in this notice (Elections Code § 1622). XI. ELECTION Except as otherwise provided, election should be conducted in accordance with the Elections Code provisions concerning gen- eral elections (§ 35130). Sample ballots and polling place cards should be mailed pur- suant to Elections Code § 10012. Supplies should be available for absent voting (Elections Code § 14600, et seq.). XIL CANVASS For vote count by election officers, see § 35131. Absentee ballots must be returned to the officer from whom they were received by 5:00 p.m. on the day before the election, and the processing may start at any time after 5:00 p.m. on the day be- fore the election with the tally to start on election day. (Elec- tions Code § § 14667, 18201, 22930.5). At its next regular meet- ing, held at least 3 days after the election, legislative body shall canvass the returns (§ 35132). Result shall be entered on minutes (§ 35133). If majority votes against annexation, no new proceedings for 12 months (§ 35134). XIII. ANNEXATION ORDINANCE If majority votes for annexation, legislative body may approve the annexation by ordinance (§ 35135). If legislative body fails to approve, it shall submit question to electors of the city at the next general or special municipal election, or at a special election called for that purpose (§ 35136 to § 35143). XIV. FILINGS If annexation was approved by ordinance, a certified copy shall be transmitted to the Secretary of State (§§ 35142, 35144). City Clerk files affidavit of completion accompanied by a certi- fied copy of the boundary description and by a map delineating the boundary with County Recorder. The certificate of the Sec- retary of State describing the document filed in his office must be attached (§§ 34080, 38081). Unless notice of election fixed 5 different date, the annexation is effective for all purposes on the later of (1) the filing with the Secretary of State or (2) the filing of the affidavit of completion (§ 35146). If the city utilizes the county assessment role the City Clerk files statement of change in boundaries, together with map or plat with (1) County Assessor, and (2) State Board of Equalization (§§ 54900, 54903.1). XV. PROVISIONS FOR ASSUMPTION OF DEBT In order to make the annexed territory liable for any indebt- edness or liability of the city contracted prior to or existing at the time of annexation the annexation petition and notice of election must contain provisions to this effect, see §§ 35147 to 35150, 35152. 6 ANNEXATION OF ENCLOSED TERRITORY ACT OF 1963 (Govt. Code Secs. 35400 to 35423, inclusive) Summary of Major Steps (This summary is intended merely as a convenient reference to code sections) I. TERRITORY WHICH MAY BE ANNEXED The territory must have been less than 10 acres in area and completely surrounded by the annexing city (Sec. 35405) prior to January 1, 1963 (Sec. 35401). If territory publicity owned, see Sec. 35003. If land owned by junior college district, see Sec. 35004. If land zoned for agricultural purposes, see Sec. 35009. If tide or submerged land included, see Sec. 35014. II. COMMENCING PROCEEDINGS —ALTERNATIVES Proceedings may be commenced either: 1. By the legislative body on its own motion (Sec. 35408). 2. By petition of the property owners (Sec. 35407). III. RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION Contents of resolution set out in Sec. 35409. Resolution shall set hearing within 40-60 day period, but if all property owners in the area consent, hearing may be dispensed with (Secs. 35410, 35416). Resolution may include date annexation becomes effective (Secs. 35409, 35318). IV. NOTICE OF HEARING Given by publishing copy of resolution in newspaper of gen- eral circulation published in city in time and manner set out in Sec. 35411, and also by city clerk mailing written notice to persons designated in Sec. 35411 (a) and(b). All notice require- ments must be fulfilled 20 days before the hearng (Sec. 35411). V. HEARING Before hour for hearing, property owners may file written protest against annexation (Sec. 35412). For conduct of hearing, see Sec. 35413. If there is a majority protest, see Sec. 34414. For termination prior to hearing and effect thereof, see Sec. 35007. City legislative body is required to find by resolution whether a majority protest exists (Secs. 35007, 35414). Pro- tests may be withdrawn prior to end of hearing by filing a written statement with the city clerk (Sec. 35012). VI. ANNEXATION ORDINANCE If a majority protest is not made the legislative body shall approve or disapprove the annexation by ordinance adopted within 60 days after the hearing (Sec. 35415), which ordinance shall not take effect for 30 days (Elections Code Sec. 4050). If annexation is disapproved there can be no new proceedings for one ,year (Sec. 35414). 7 VII. FILING When ordinance becomes effective, city clerk shall transmit a certified copy to Secretary of State (Sec. 35417), where it shall be filed and certificates of filing transmitted to city clerk and county board of supervisors (Sec. 35418). Unless resolution pursuant to Sec. 35409 fixes a different date, annexation shall be effective for all purposes on the earlier of (1) one year after the date of filing by the Secretary of State, or (2) the due date of property taxes levied by the city and the territory (Sec. 35419). i3 Annexation of Uninhabited Territory Act of 1939, printed on following pages SUMMARY OF MAJOR STEPS (This summary is intended merely as a convenient reference to code sections) I. TERRITORY WHICH MAY BE ANNEXED Generally the territory must be contiguous and uninhabited (§ 35302)*. Uninhabited defined in § 35303. For "contiguous" see § 35002.5. If a narrow strip of land is involved, or a highway alone, see § 35002.5 and § 35304.5. If territory is publicly owned see § 35003 and § 35302.5. If land owned by junior college district see § 35004. If land zoned for agricultural purposes see§ 35009. If another annexation proceeding is pending see § 35308 and § 35002. If territory is included within another city see § 35006 and § 35304. Territory shall not be annexed if, as a result, un- incorporated territory is completely surrounded (§ 35326 and § 35002.3). Residential lots should not be split (see § 35008). II. COMMENCING PROCEEDINGS—ALTERNATIVES Proceedings may be commenced either: 1. By petition of property owners (§ 35305). 2. By legislative body on its own motion (§ 35310). III. SUBMISSION TO BOUNDARY COMMISSION See procedure summarized under "Local Agency Annexation Commission". IV. PETITION If petition alternative is used, petition should contain a de- scription of territory sought to be included in the city and signed by owners of not less than one-fourth of the land in the terri- tory, both by area and assessed value (§ 35305). Petitions should show the date each signature was affixed (§35000). Peti- tion must be filed within 6 months of the earliest date on which a signature was affixed (§ 35001). V. RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION If sufficient petition received, legislative body shall,without delay pass this resolution and transmit a copy to an included school district requesting one (§ 35305). Contents of resolution are set out in § 35306. Resolution sets hearing within 40-60 day period, but if all property owners in area consent period may be decreased (§ 35307). For contents of resolution and time for hearing if petition signed or consent filed by all property owners in area, see § 35310.1. Legislative body may initiate proceedings on its own motion without requiring a petition by passing this resolution so declar- ing and setting forth its reasons (§ 35310). Resolution may include date annexation becomes effective (§ 35306 and § 35318). *All references are to Government Code Sections unless otherwise indicated, 9 VI. NOTICE OF HEARING Given by publishing copy of resolution in a newspaper of gen- eral circulation published in city and also newspaper of general circulation published outside of city but in same county in time and manner set out in § 35311 and also by City Clerk mailing notices to persons designated in § 35311. All notice requirements must be fulfilled 20 days before hearing. But if tide or sub- merged land owned by the State is included, written notice must be given to the State Lands Commission at least 45 days before hearing. For notice requirements where petition is signed by all property owners in area, see § 35310.1. VII. HEARING Before the hour for hearing objections property owners may file written protests against annexation, see § 353,12. For con- duct of hearing see § 35313. If there is a majority protest (see § 35313 and §35313.1 for definition) proceedings must be ter- minated (§ 35313). For termination prior to hearing and effect thereof see § 35007. City legislative body is required to find by resolution whether a majority protest exists (§ 35007, § 35313.2). Protests may be withdrawn prior to end of hearing written t by a tten statement (§35012). For hearing procedure where petition is signed by all property owners in area, see § 35310.1. If legislative body finds no majority protest it may decrease area 5% after resubmission to Boundary Commission (§ 35313.6) but may not increase (§ 35313.5). VIII. ANNEXATION ORDINANCE If a majority protest is not made legislative body shall ap- prove or disapprove the annexation by ordinance adopted within 60 days after the hearing (§ 35314) which shall not take effect for 30 days (Elections Code § 4050). If annexation is dis- approved no new proceedings for the same territory for 12 months (§ 35315). IX. FILINGS When ordinance becomes effective City Clerk transmits a cer- tified copy to Secretary of State (§ 35316). City Clerk files affidavit of completion accompanied by a cer- tified copy of the boundary description and a map delineating the boundary with County Recorder. The certificate of the Secre- tary of State describing the document filed in his office must be attached. (§§ 34080-34081). Unless resolution pur- suant to § 35306 fixed a different date, the annexation is effective for all purposes on the later of (1) the filing with the Secretary of State or (2) the filing of the affidavit of completion. If the City utilizes the County assessment roll, the City Clerk files statement of change in boundaries, together with a map or plat with (1) County Assessor, and (2) State Board of Equali- zation (§ § 54900-54903.1). 10 X. PROVISIONS FOR ASSUMPTION OF DEBT Property within annexed territory cannot be taxed to pay in- debtedness or liability of city contracted prior to or existing at the time of annexation unless written consent of the owners of more than two-thirds of the value of the territory is filed with Clerk prior to adoption of the annexation ordinance (§ 35319). 11 § 35002 CHAPTER I Annexation of Territory Article 1. Petition. § § 35000-35012. 2. Annexation Act of 1913. §§35100-35158. 3. Territory Owned by the City or a Contiguous School District. §§35200-35213. 4. Territory of an Adjacent City. §§ 35250-35260. 5. Annexation of Uninhabited Territory Act of 1939. §§35300-S5326. 6. Annexation of Enclosed Territory. Act of 1963 & & 35400 - 35423. 7. Annexation of County Highways§§35450-35458. ARTICLE 1 GENERAL §35000. Date of signature. §35001. Filing of Petition. §35002. Circulation of petition: Map: Notice: Report. §35002.1.Boundary Commission List of Districts. §35002.2.Change of boundaries by Commission before report. §35002.3.Resulting strips completely surrounded territory and highways alone prohibited. §35002.5.Territory not deemed contiguous. §35003. Owned by public agency. §35004. Annexation of Junior College District Lands, acquired prior to July 1,1952. §35006. Annexation of Uninhabited Territory. 35007. Protests. §35008. Division of Residential Lots. §35009. Land zoned for Agricultural Purposes. §35010. Territory zoned for airport purposes. §35011. Suit Attacking Validity of Annexation. § 35012. Withdrawal of protest. 35014. Tide or submerged lands. § 35000. Date of Signature. Each person signing a petition for the annexation of territory by a city shall, at the time he signs the petition, write the date upon which he signs the peti- tion. [Amended by Stats. 1961, Ch. 1596.1 § 35001. Filing of Petition. A petition for the annexation of territory by a city shall not be filed or accepted for filing if any date required to be affixed under Section 35000 is a date prior to six months of the date of filing. [Amended by Stats. 1961, Ch. 1596. § 35002. Circulation of petition: Map: Notice: Report. No petition seeking the annexation of territory to a city shall be circulated or filed, nor shall any public officer accept any such petition for filing, nor shall any legislative body initiate pro- ceedings to annex on its own motion, until the proposal for the annexation of territory to a city, including a map and specific legal description of the boundaries of the territory, has been filed with the secretary of the boundary commission of the county and the boundary commission has prepared, or caused to be prepared, a report to the proponents upon the annexation proposal with respect to the definiteness and certainty of the proposed boundaries, the non-conformance of proposed boun- 12 § 35002.1 daries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory and other similar matters affecting the proposed boundaries. At the time of filing the proposal for the annexation with the boundary commission, the proponents shall file with the county clerk or registrar of voters, if such latter office has been estab- lished, a map of the proposal area. If at the hearing set by the legislative body of the city the boundaries of the proposal area are changed by such body, the proponents shall within 10 days after the final date set by law for the boundary commission to report its findings on such changes, furnish the county clerk or registrar of voters a revised map showing such changes. Notice of receipt of a proposal for the annexation of territory to any city shall be given within 10 days after the filing thereof by the clerk of the boundary commission to the legislative bodies of all cities the territorial limits of which lie within three milea of any of the territory proposed to be annexed. Such notice shall be given by mail addressed to the legislative bodies of the cities entitled thereto and shall in general terms indicate the area pro- posed to be annexed. Failure to give such notice shall not operate to invalidate an annexation proceeding. If the boundary commission does not report upon the annexa- tion proposal within 20 days after the written description there- of is filed with the secretary of the boundary commission, the annexation proposal shall be deemed correct. If an annexation proceeding is initiated pursuant to the An- nexation Act of 1913, the written description of the proposal for the annexation of territory shall be filed with the secretary of the boundary commission after Section 35106 has been complied with and before the petition for annexation is circulated. In a county having a population of 4,000,000 or more, for a period of 45 days after the filing by a city with the secretary of the boundary commission of a proposal for the annexation of territory to a city, no other proposal shall be filed hereunder for the annexation of any of the same territory to any city, or for the incorporation of any of such territory. [Amended by Stats. 1961, Ch. 1708. § 35002.1. Boundary Commission List of Districts. Within 20 days after a written description of a proposal for the annexation of territory to a city has been filed with the secretary of the boundary commission of the county, the boundary commission shall prepare a report containing a list of all districts in which the property proposed to be annexed is situated, and transmit a copy of such report to the clerk of the legislative body of the city to which it is proposed that the territory be annexed. § 35002.2 Change of boundaries by commission before re- port; notice to affected cities. The boundary commission my change the boundaries sub- mitted to it before making its report, if: 13 § 35002.3 (a) The proponents of the annexation or the city initiating the annexation consent thereto, and (b) The annexation of the newly described territory will comply in all respects with all of the provisions of this article, and (c) The new boundaries do not include any territory which could not have been included when the original proposal was filed. If any portions of the amended boundaries lie within three miles of the territorial limits of any city to which notice of the proposed annexation has not been given, within five days after such change in boundaries the boundary commission shall notify the legislative body of such city of the proposed annexation. (Added Stats. 1963, c. 891, p.—, § 1.). § 35002.3. Resulting Strips Completely Surrounded Territory and Highways Alone Prohibited. Territory shall not be annexed to a city if as a result of such annexation (1) unincorporated land territory is completely surrounded by the annexing city or by land territory of such city on one or more sides and the Pacific Ocean on the remaining sides; (2) a strip of unincorporated territory less than 200 feet wide and more than 300 feet long is created; or (3) a strip of unincorporated territory consisting solely of a highway or portion thereof is created. This section shall apply only to annexation proceedings com- menced or instituted after the effective date of this section as ammended by the Legislature at its 1963 Regular Session. § 35002.5 Territory not Deemed Contiguous. Territory shall not be deemed contiguous as the word "contiguous" is used in this chapter if the only contiguity is based on a strip of land over 300 feet long and less than 200 feet wide, such width to be exclusive of highways. Territory shall be deemed contiguous as the word "contiguous" is used in this chapter if the area thereof is separated by terri- tory within the boundaries of another city or if such area is sepa- rated from the boundaries of an annexing city by territory with- in the boundaries of another city; provided, such separating territory became within the boundaries of the other city prior to January 1, 1925; and further provided, such separating territory is not in excess of 200 feet in width at all its separating points; and providing, that said separating territory within said sepa- rating point is uninhabited as defined in Section 35303 of the Government Code. § 35003. Owned by public agency. Notwithstanding the pro- visions of Section 35002.5, territory which is wholly owned by a public agency may, with the consent of that public agency be annexed to a city together with any street,highway or road which connects such territory to the city. § 35004. Annexation of junior college district lands acquired prior to July 1, 1952. No territory comprising lands owned by a junior college district and acquired by such district prior to July 1, 1952, through a conveyance from the board of supervisors 14 § 35008 of the county in which such territory is situated pursuant to Section 25560 of the Government Code, shall be annexed to, or become a part of, any city without the consent of the governing board of the junior college district. Anything in this code to the contrary notwithstanding, terri- tory surrounding lands owned by a junior college district and acquired by such district prior to July 1, 1952, pursuant to the provisions of Section 25560, may be annexed to a city. § 35006. Annexation of uninhabited territory. When unin- habited territory owned by a city is annexed proceedings may be had under Article 3 or Article 5 of this chapter. § 35007. Protests. The legislative body shall have power to terminate annexation proceedings at any time prior to the date set for the hearing of protests. However, if protests against the annexation or the election are filed with the legislative body prior to the hour set for hearing objections thereto, the city legislative body shall proceed to hear and pass upon all protests so made in the manner provided for in Section 35121 or 35313, whichever is applicable to the proceedings, even though the pro- ceedings have been terminated. The city legislative body shall, at the hearing or within 10 days thereafter, find and declare by resolution whether or not a majority protest is made. If the city legislative body finds that a majority protest as therein pro- vided is made, no further proceedings for the annexation of any of the territory shall be taken for one year after the date of the adoption of the resolution. If the city legislative body finds that a majority protest as therein provided for is not made or it finds that no protests have been filed, new proceedings for the annexation of all or part of the same territory to the city may be instituted and proceeded with as provided in this chapter at any time after the date of the adoption of the resolution. [Amended by Stats. 1961, Ch. 1988.1 § 35008. Division of Residential Lots. The boundaries of territory proposed to be annexed shall not be fixed without the consent of the owner of the property so as to exclude the site of the residence dwelling of the owner of the property and to include the remainder of the property of such owner, where the site of the residence dwelling is contiguous or adjacent to the remainder of the property. If in any annexation proceedings boundary lines are fixed in violation of this section, the affected property owner may at any time before one year after the completion of the pro- ceedings file a statement of the violation of this section with the clerk of the legislative body of the city annexing, or proposing to annex, such property and at its next meeting the legislative body shall by resolution exclude such property from the territory annexed. If the annexation proceedings have been completed, the legislative body shall transmit a certified copy of such resolution, describing the boundaries of the annexed territory, as changed, with the Secretary of State, who shall file it and transmit a 15 I § 35009 certificate of the filing to the clerk of the legislative body and to the board of supervisors of the county in which the city is situated. § 35009. Land zoned for agricultural purposes. Any land which is by consent of the owners zoned and restricted for agricultural purposes exclusively pursuant to a master plan for land use in any county shall not, while it is so zoned, be an- nexed to a city pursuant to Article 2 or 5, without the consent of the owners of the land which is proposed to be annexed. Land so zoned shall not be considered unincorporated terri- tory for purposes of Sections 35158 and 35326. This section shall apply only to counties which have, on or be- fore December 31, 1954, adopted a master plan for land use Miich includes provision for the zoning and restricting of land for exclusively agricultural purposes, and this section shall apply to any land which is so zoned and restricted pursuant to such plan before or after such date. This section shall not be construed and is not intended to prevent the annexation of roads, and land so zoned shall not be included in computing the one-half mile limitation under Government Code Sections 35105.5 or 35304.5 as to any terri- tory situated outside of the land so zoned. (Amended by Stats. 1961, Ch. 1741.1 § 35010. Territory Zoned for Airport Purposes.Any territory which is zoned and restricted for airport purposes exclusively pursuant to a master plan for land use in any county which is subsequently annexed to a city pursuant to Article 2 or 5 of this chapter shall continue to be subject to such use restriction, not- withstanding any city zoning ordinances, unless consent to a change in use is granted by the landowner of the territory. § 35011. Suit Attacking Validity of Annexation. If a suit is brought attacking the regularity or validity of annexation pro- ceedings completed pursuant to this chapter and the city which has annexed such territory is enjoined from exercising juris- diction over such territory until the final disposition of such suit, such territory shall be deemed to be unincorporated and county ordinances shall continue in full force and effect with respect to the territory and the county in which such territory is situated shall continue to render the same services in such territory in the same manner as it renders services to unincorporated terri- tory in the county, until the final disposition of such suit, and thereafter if it is determined that the annexation proceedings were invalid. § 35012. Withdrawal of protest. Any person making a pro- test to an annexation or to an annexation election may with- draw his protest at any time prior to final adjournment of the hearing on protests by filing with the clerk of the legislative 16 § 35014 body of the annexing city a written statement that he with- draws his protest. If the withdrawal is made during the hearing the written statement may be filed with the legislative body or with the clerk. [Added by Stats. 1961, Ch. 1604.1 § 35014. Tide or submerged lands. No tide or submerged lands in the Pacific Ocean which are owned by the State shall be annexed to a city except that portion of the tide or submerged lands encompassed within the seaward extensions of the existing land boundaries of the city, or of the proposed land boundaries of the territory being annexed as part of the same proceedings, extended from the point where the land boundaries intersect the shoreline at such an angle to the shoreline and following such a course or courses as may be ap- proved by the State Lands Commission. The proposal for annexation, including a map and legal descrip- tio of th boun cries o e er-`ri�o ski e i e. with the State ands Commission, prior o e filing of the prop---- osaFwith the beu_n cry commission o e coun as requii�ecTb---Ijection __ _____.__6 35002, The State Lan s ommission shall_a pi ove or disapprove othe boun�caries oTze snnexa of n proposal and in making such determination it shall, whore feasible and appropriate, require suc4i extensions of the Tan_d boundaries o4lie cif=tie at right. a`ngIes to the s�ore�e at each_poih�ofin-tersection of the shore- line with the land boundaries the city, provided that,-in the interest of insuring an orderly and equitable pattern of offshore boundaries, it_may establish such other angle and such other courses for each such offshore boundary as i may hem necessary considering a rreKplarity of the shore fne;--o4her geographical features I e effect o sucFi offshore annexations on e up-lands of the_city an a joining_territory and-the ex- istin and—potential boundaries of other cities ancd of unineor- porated communities The State Lands Commission shall report its decision to the legislative body of the city within 30 days, and its determina- tion of the proper offshore boundaries shall be conclusive. Failure to report within the time limit shall be deemed ap- proval of the boundaries. (Added Stats. 1963, c. 1894) ARTICLE 2 ANNEXATION ACT OF 1913 §35100. Citation. §35101. Application. §35102. Election not called or held in manner specified. §35103. Alteration of boundaries. §35104. Territory to be contiguous. §35104.5.Real property of public agency. §35105. Territory intersected by road,stream or other barrier. §35105.5.Territory abutting on street, highway or road: If within three miles of other city: Consent required. 1-7 §35106. Consent of city. §35107. Subdivided territory: Consent: When required. §35108. Recommendations of planning commission. §35109. Effect of failure to file. §35110. Territory forming part of city not annexable. §35111. Notice of intention to circulate petition: Publication: Contents: Statement of reasons. §35112. Filing copy of notice and statement and affidavit. §35113. Resolution approving circulation of petition. §35114. Circulating petition. §35115. Effect of pending proceedings. §35116. Call of special election: Resolution of intention. §35117. Contents of resolution: Appearance. §35118. Hearing: When. §35119. Publication or posting of resolution: Mailed notice. §35120. Protest against election: Protest by petition. §35121. Hearing of protests: Findings: Effect. § 35121.1.Majority protest: Findings: Effect. §35121.5. Change in boundaries. §35121.6.Resubmission to Boundary Commission. 35122. Call of special election. §35123. Publication or posting notice. §35124. Contents of election notice. 35125. [No section with this number.] §35126. Establishment of precincts and polls. 35127. Appointment of judges and inspectors. §35128. Ballot form. §35129. Manner for voting. §35130. Election conduct. §35131. Count of votes and delivery to clerk of legislative body. §35132. Canvass. §35133. Entry of record on minutes. §35134. Unfavorable vote: Limitation upon other proceedings. §35135. Majority in favor of annexation: Approval of annexation. §35136. Failure to approve annexation: Submission of question to electors. §35137. Favorable vote of two or more bodies of outside territory: Non- approval: Submission of separate propositions. §35138. Annexation of two or more bodies of territory: Separate proposi- tions. §35139. Submission of question at municipal election. §35140. Entry of record in minutes: Contents. §35141. One or more territories not contiguous to city: Favorable vote required. §35142. Favorable vote: Preparation and transmission to Secretary of State. §35143. Submission of two or more annexations: Record and statement in one document: Exception. §35144. Approval of annexation by ordinance: Substitution of ordinance. §35145. Filing document and transmission of certificate. §35146. Date annexation complete. §35146.1.Alternate procedure for division of taxes of special district. 18 § 35105.5 §35147. Submission of question of taxing annexed territory to pay city's indebtedness, or proportionate value of improvements: Request in petition. §35148. Additional matters in election notice. §35149. Conduct of annexation otherwise. §35150. Taxation of annexed territory upon assumption. 35151. (Repealed) §35152. Property in annexed territory not to be taxed to pay indebtedness. §35153. Territory annexed to city divided into wards. §35154. Wards to contain equal numbers. §35155. Senatorial or assembly districts unaffected. §35156. Pending special improvement proceedings unaffected. §35157. Payment of expenses. 35158. Unincorporated territory not to be completely surrounded by annexing city. § 35100. Citation. This article may be cited as the Annexation Act of 1913. § 35101. Application. When any proceedings for annexation of territory to a city are commenced pursuant to this article, the provisions of Article 1 of this chapter and of this Article alone apply. § 35102. Election not called or held in manner specified. If any election authorized by this article is not called or held in the manner or within the time specified, all proceedings relating to the annexation are void. § 351.03. Alteration of boundaries. The boundaries of any city may be altered and new territory annexed to, and incor- porated within it,pursuant to this article. § 35104. Territory to be contiguous. To qualify for annexa- tion, new territory shall be contiguous to: (a) The city or (b) contiguous territory where the electors have voted for annexation to the city. § 35104.5. Real property of public agency. Real property be- longing to a public agency may be annexed pursuant to this article. [Amended by Stats. 1961, Ch. 1597.1 § 35105. Territory intersected by road, stream or other barrier. Contiguous inhabited territory may be annexed as one parcel although divided by a road, stream, or other natural or artificial barrier or right of way. § 35105.5. Territory abutting on street, highway or road: If within three miles of other city: Consent required. Notwithstand- ing the provisions of Section 35002.5, territory consisting of prop- erty abutting on a street, highway, or road, and such street, highway or road to the extent that it abuts such property together with any street, highway, or road which connects such territory to the city may be annexed to a city pursuant to this article; provided, that if any portion of such territory or street, highway, or road is situated within three miles of the boundaries of any 19 § 35106 other city the consent of the legislative body of such other city shall first be obtained. For the purposes of this section, the "road strip" is the street, highway or road which connects territory, herein called the "property to be annexed," consisting of property abutting on a street, highway, or road and such street, highway, or road to the extent it abuts such property to the annexing city. Territory described in the first paragraph shall not be annexed if the distance measured by the "road strip" is more than one- half mile from the point at which such "road strip" connects with the city boundary to the point nearest to the city boundary at which it connects with the "property to be annexed." If territory described in the first paragraph of this section is annexed, herein called the "territory first annexed," a city shall not annex other territory consisting of property abutting on a street, highway, or road and such street, highway, or road to the extent that it abuts such property together with any street, high- way, or road which connects such territory to the city if the point at which such "road strip" connects such city with such "prop- erty to be annexed" is a point located on any boundary of the "territory first annexed," unless the portion of the "territory first annexed" which constitutes the "road strip" of such terri- tory is less than one-half mile, measured in the same manner as provided in the preceding paragraph, and is not more than one- half mile when added to that portion of the other territory pro- posed to be-annexed which constitutes the "road strip" of such other territory. § 35106. Consent of city. The consent of the city legislative body shall be obtained before any proceedings are commenced pursuant to this article. § 35107. Subdivided territory: Consent: When required. Sub- divided territory shall not be annexed to a city without prior consent of its legislative body, if the design of the subdivision and the construction of buildings or public improvements within it are inferior to standards required by the city ordinances and regulations. § 35108. Recommendations of planning commission. In cities having a planning commission, consent shall not be given by the legislative body pursuant to Sections 35106 and 35107 until it has received a report or recommendations from the commission. [Amended by Stats. 1961, Ch. 1988.1 § 35109. Effect of failure to file. If, within forty (40) days from the date the matter is referred to the commission, the report or recommendation is not filed with the legislative body, it may act without such report or recommendations. § 35110. Territory forming part of city not annexable. Terri- tory forming a part of any city, at the time of the presentation of a petition for its annexation, shall not be annexed pursuant to this article. 20 § 35115 § 35111. Notice of intention to circulate petition: Publication: Contents: Statement of reasons. Before circulating a petition relating to alteration of the boundaries of, or annexation of territory to, a city, the proponents shall publish a notice of intention to do so pursuant to the Elections Code. The notice shall contain the names of the proponents intending to circulate the petition and the specific boundaries of the territory proposed to be annexed, and shall be accompanied by a printed statement not exceeding 500 words in length, containing reasons for the petition. [Amended by Stats. 1961, Ch. 1603.1 § 35112. Filing copy of notice and statement and affidavit. Within ten days after publication the proponents shall file a copy of the notice and accompanying statement, if any, and an affidavit of the publishing or posting, with the city clerk. § 35113. Resolution approving circulation of petition. With- in 15 days after such filing, the legislative body may adopt a resolution acknowledging receipt of the notice and approving the circulation of the petition. For a period of 50 days after the adoption of such a resolution (a) no notice of intention to incorporate a new city shall be filed including any of the territory described in the notice; (b) no notice of intention to circulate a petition for the annexation of any such territory under the provisions of this article shall be filed with or consented to by a legislative body of any city; (c) no petition shall be filed with, and no proceedings shall be instituted by, the legislative body of any city for the annexation of any of such territory under the provisions of this division. § 35114. Circulating petition. Twenty-one days after the publication or posting of the notice and statement, the petition may be circulated among the voters within the area proposed to be annexed pursuant to the Elections Code. In no event shall such petition be circulated prior to securing the consent to circulate provided for in Section 35113. § 35115. Effect of pending proceedings. When a petition for the annexation of any new territory, containing a sufficient num- ber of valid signatures, has been received by its legislative body, jurisdiction over the proceedings is acquired, and until annexa- tion to such city has been defeated by the electors of the territory or the electors of the city as provided in Section 35122, or until proceedings relating to the annexation become void or are other- wise terminated: (a) No other petition provided for in this division asking for the annexation of any of the territory described in the filed peti- tion shall be filed, presented to or acted upon by the legislative body of any other city. (b) No other legislative body shall consent to the circulation of a petition or initiate any proceedings on its own motion under the provisions of this division for the annexation of any part of the territory described in the filed petition. 21 § 35116 (c) No notice of intention to circulate a petition for incorpor- ation of any part of the territory described in the filed petition shall be filed. [Amended by Stats. 1961, Ch. 2168.] § 35116. Call of special election: Resolution of intention. Upon receiving a petition signed by not less than one-fourth of the qualified electors residing within the territory, as shown by the county registration of voters, containing a description of the new territory proposed to be annexed and asking that the territory be annexed, the city legislative body shall without delay pass a resolution of intention to call a special election and of its intention to submit the question of annexation to the electors residing in the territory and of its intention to submit the question to the electors of the city if such election is re- quired pursuant to Section 35122. The city clerk and the county officer having charge of the registration of voters shall, within two weeks, check the petition and certify the sufficiency there- of. If the clerk's certificate shows the petition to be insufficient, a supplemental petition bearing additional signatures may be filed within 10 days of the date of the certificate of insufficiency. The clerk and the county officer having charge of the registra- tion of voters shall, within 10 days after the supplemental petition is filed, examine it and certify the sufficiency thereof. If the petition is not signed by the requisite number of electors, the legislative body is without jurisdiction to proceed further, and all prior proceedings, including such petition, shall be null and void. [Amended by Stats. 1961, Ch. 2168.1 § 35117. Contents of resolution: Appearance. The resolution shall describe specifically the boundaries of the territory pro- posed to be annexed and designate the territory by some appro- priate name by which it may be referred to upon the ballots used at the election. It shall contain a notice of the day, hour, and place any person owning real property within the territory may appear before the legislative body concerning written protest against the annexation filed pursuant to Section 35120. [Amended by Stats. 1961, Ch. 1988.1 § 35118. Hearing: When. A hearing shall be held not less than fifteen nor more than forty days after the passage of the resolution. § 35119. Publication or posting of resolution: Mailed notice. The city clerk shall cause a copy of the resolution to be publish- ed pursuant to Section 6066 in a newspaper of general circula- tion published in the territory proposed to be annexed, or, if there is none, in a newspaper of general circulation published in the city. If no such newspapers are published, a copy of the resolution shall be posted not less than 10 days before the hearing in at least three public places within the territory. The city clerk shall also cause written notice of such proposed annexation to be mailed to each owner of an equitable or legal interest in land, other than an easement or right of way, within 22 § 35121 the territory to be annexed who has filed his name and address and a general description of such land, sufficient to identify it on the last equalized county assessment roll, with said clerk. Said notice shall be mailed not less than twenty (20) days before the first public hearing on the proposed annexation. § 35120. Protest against election: Protest by Petition. At any time not later than the hour set for hearing objections to the elec- tion, any owner of property within the territory may make a written protest against the annexation. If at the time set for hearin ob ections to the annexation, lrotests have been_ i e w ich are insufficient to terming e further__-Proceedings,_ie meeting s all be recesse or a period of not less than 10 des an supplemental protests may be filed _wit m suche_ppErod._and until the hour set for reconvening the heariM. If no protest has been filed, the meeting need not be recessed to allow filing of any supplemental protests. The protest shall state the name of the owner of the property affected and the street address or other description of the property sufficient to identify it on the last equalized assessment roll. A metes and bounds description shall note required if the property can be otherwise described in a manner sufficient to identify it on the last equalized assessment roll. As used-in this article, "owner"_mea _the" nw er s&shown on the last equalized assessment roll, or the person_ or persons en- titled-to-be shown as owner, or where such land is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. Protests may be made on behalf of the owner by an agent authorized in writing by the owner to act as agent with respect to such land, except that protest may be made on behalf of a private corporation which is an owner of property by any officer or employee of the corporation without written authorization by the corpora- tion to act as agent or make such protest. If protests are made by petition, the petition shall contain the same information required of individual protests, and there shall be attached to the petition an affidavit made by a voter or owner of property within the territory described in the petition,or an agent of either such owner or voter. The affidavit shall state that the aftiant circulated that particular paper,saw written the signatures appended thereto;that he resides at—————; and that according to the best information and belief of aftiant: (a) Each is the genuine signature of the person whose name it purports to be. (b) The signer is an owner or duly authorized agent of the owner of property within the territory. The city shall, on request and without charge, provide forms of protest petitions and the affidavit required by this section to owners of property within the territory. [Amended by Stats. 1961, Ch.1988. § 35121. Hearing of protests: Findings: Effect. At the time set for hearing protests, or to which the hearing may have been 23 § 35121.1 continued, the city legislative body shall hear and pass upon all protests so made: (a) If privately owned property and no publicly owned prop- erty is proposed to be annexed, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the territory proposed to be annexed. The value given suX property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation. (b) If privately owned property and publicly owned property are proposed to be annexed in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the territory. The value given privately owned property shall be determined pur- suantgiven to subdivision (a) of this section. The value g ve pub- licly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, a exempt from taxation. (c) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the legislative body in proportion to the proportionate interest of the protestant in such property. (d) As used in this article, "value of the territory" means the value of the land, exclusive of improvements thereon. (e) When property is subject to a written recorded agreement to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll. Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purposes shall be obtained from the as- sessor by the protestant and submitted to the legislative body with the written protest. [Amended by Stats. 1961, Ch. 1599.1 § 35121.1. Majority protest: Findings: Effect. The city legis- lative body shall find and declare by resolution adopted at the hearing or within 30 days after closing the hearing on protests whether or not a majority protest has been made. If it does not adopt such a resolution within such period, it shall be deemed to have adopted on the 30th day a resolution that a majority protest has been made. If a resolution finding and declaring that a majority protest is made is adopted or deemed adopted, no further proceedings for the annexation of any of the same territory to the city shall be taken for one year after the date of the adoption of the reso- lution. [Added by Stats. 1961, Ch. 1988.1 24 § 35123 § 35121.5. Change in boundaries. If the city legislative body finds by resolution adopted pursuant to Section 35121.1 that a majority protest has not been made in accordance with Section 35121 and if it elects to proceed it may make such changes in the boundaries of the territory proposed to be annexed as it finds proper, but it shall not include any territory outside of the boundaries described in the petition nor shall it diminish the land area of the territory proposed to be annexed by more than 5 percent. [Amended by Stats. 1961, Ch. 1988.1 § 35121.6. Resubmission to, Boundary Commission. If the legislative body of the city makes any changes in the boundaries in accordance with the provisions of Section 35121.5, it shall resubmit the boundaries as changed to the county boundary commission for report as to definiteness and certainty. Upon receipt of the report the city legislative body may, if necessary, amend the boundary description to make the boundary descrip- tion definite and certain. § 35122. Call of special election. If it finds by resolution adopted pursuant to Section 35121.1 that a majority protest is not made as prescribed in Section 35121, the city legislative body shall call a special election without delay and submit to the electors residing in the territory the question whether it shall be annexed to and incorporated within the city. Such election shall be held not sooner than 54 days and not later than 75 days after the termination of the hearing on protest or supplemental protests. If it finds that the value of the territory proposed to be annexed equals one-half, or more, of that within the city, as shown by the last equalized assessment rolls, or that the num- ber of qualified electors of the territory equals one-half, or more, of the number of qualified electors .within the city, as shown by the county registration of voters, then the city legis- lative body shall also call a special election and submit to the electors residing in the city the same question at the same time as that submitted to the electors residing within the territory proposed to be annexed. The city legislative body, as an alternative to the foregoing, may by its resolution thereupon terminate the proceedings without the necessity of calling such election. If proceedings are terminated hereunder, no further proceedings shall be taken for the annexation pursuant to this article of any of such terri- tory by the city for one year. [Amended by Stats. 1961, Chs. 1988, 2168.1 § 35123. Publication or posting notice. The city legislative body shall cause notice of the election to be published at least once a week for the four weeks prior to the election, in a news- paper of general circulation, printed and published outside the city, but in the county in which the territory is situated, or if there is none, by posting it at least four weeks next preceding the election in three public places within the territory. 25 I § 35124 If the question of the proposed annexation of the territory is required to be submitted to the electors of the city as set forth in Section 35122 of this code, then the city legislative body shall cause notice of this election to be published once a week for the four weeks prior to the election in a newspaper of general circulation, printed and published inside the city, or if there is none, by posting it at least four weeks next preceding the election in three public places within the territory. [Amended by Stats. 1961, Ch. 2168.1 § 35124. Contents of election notice. The notice shall: (a) State the date of the election. (b) State distinctly the proposition to be submitted. (c) Describe specifically the boundaries of the territory pro- posed to be annexed. (d) Designate the name by which the territory may be indi- cated upon the election ballots, which shall be that given it in the resolution of intention to call a special election. (e) Instruct electors as to the manner of voting. The notice may set a date when, pursuant to Section 35146, the annexation will become effective if the annexation is com- pleted. [Amended by Stats. 1961, Ch. 1598.1 § 35125. [No section with this number.] § 35126. Establishment of precincts and polls. The legisla- tive body shall establish and designate in the notice the voting precincts and the places at which polls will be open for the election. The places shall be those commonly used for voting, if there are any. [Amended by Stats. 1961, Ch. 2168.1 § 35127. Appointment of judges and inspectors. The legisla- tive body shall appoint two judges and one inspector for each voting place, as officers of the election. Each officer shall be a qualified elector of the voting precinct in which he is appointed to act. § 35128. Ballot form. Upon the ballots used at the election, shall be printed the words: "shall (insert the name given the territory in the notice of election) be annexed to the city of (stating name of city) ?" Opposite these words shall be printed the words "yes" and "no," with a voting square to the right of each. § 35129. Manner for voting. If an elector stamps a cross in the voting square after the word "yes," his vote shall be counted for the annexation, and if he stamps a cross in the voting square after the word "no," his vote shall be counted against annexation. § 35130. Election conduct. Except as otherwise provided the ballots used, the opening and closing of the polls, and the con- duct of the election in the territory shall conform as nearly as possible with the Elections Code provisions concerning general elections. § 35138 § 35131. Count of votes and delivery to clerk of legislative body. Immediately on the closing of the polls the election officers for each polling place shall count the ballots, make up, certify, and seal the ballots and tally sheets of the ballots cast, and de- liver them with the returns to the clerk of the city legislative body. § 35132. Canvass. At its next regular meeting held at least three days after the election, the city legislative body shall can- vass the returns. The canvass shall be completed at the meeting, if practicable, or as soon as possible, avoiding adjournments. § 35133. Entry of record on minutes. Immediately upon the completion of the canvass, the legislative body shall cause a record to be entered upon its minutes, stating the proposition submitted, the number of votes cast, and the number of votes cast for and against annexation in the election within the terri- tory proposed to be annexed and in the election within the an- nexing city, separately, if the election within the city is required to be held as provided in Section 35122 of this code. [Amended by Stats. 1961, Ch. 2168. § 35134. Unfavorable vote: Limitation upon other proceed- ings. If in any election required to be held by this article a majority of the votes cast is against annexation, a new petition embracing any of the same territory shall not be filed with the same city within 12 months after the result of the election has been canvassed and declared. [Amended by Stats. 1961, Ch. 2168.1 § 35135. Majority in favor of annexation: Approval of an- nexation. If in each of the elections required to be held by this article a majority of the votes cast are for annexation, the legislative body may approve the annexation by ordinance. [Amended by Stats. 1961, Ch. 2168.1 § 35136. Failure to approve annexation: Submission of ques- tion to electors. If the legislative body fails to approve the annexa- tion, it shall submit the question to the electors of the city at the next general or special municipal election, or at a special election called for that purpose. § 35137. Favorable vote of two or more bodies of outside territory: Non-approval: Submission of separate propositions. When the electors of two or more bodies of outside territory have voted in favor of annexation to the same city, and the legislative body does not approve such annexation, it shall submit to the electors the question whether each body of new territory shall be annexed to and incorporated within the city, as separate propositions, each to be voted upon without regard to the other. § 35138. Annexation of two or more bodies of territory: Sepa- rate propositions. When the question of annexation of,two or more bodies of new territory is submitted at any municipal elec- tion,the notice of the election shall state, as separate propositions 27 § 35139 to be submitted at the election, the question of the annexation of each body of new territory, and the question as to each body of new territory shall be printed separately upon the ballots. § 35139. Submission of question at municipal election. When the question is submitted at any municipal election, it shall be stated in the notice of election and on the ballots, and the electors shall vote on it in the same manner as in the election in the territory proposed to be annexed. In all details not specifically provided for, the election shall be conducted pursuant to the Elections Code provisions relating to municipal elections. § 35140. Entry of record in minutes: Contents. Immediately upon completion of the canvass of any municipal election on the question of annexation, the legislative body shall cause a record to be entered upon its minutes, showing the number of votes cast upon the question and the number cast for and against annexation. § 35141. One or more territories not contiguous to city: Favorable vote required. Where the question of annexation of two or more territories has been submitted at a municipal elec- tion, and one or more of the territories is contiguous to another territory but not to the city, a favorable vote on the annexation of territories not contiguous to the city is not effective unless there is also a favorable vote on the territories that would make the noncontiguous territories contiguous to the city. § 35142. Favorable vote: Preparation and transmission to Secretary of State. If a majority of the votes cast on the question is for annexation, the clerk of the legislative body shall make, certify under seal, and transmit to the Secretary of State, a copy of the record of the canvass in the territory and in the city, with a statement showing the dates of the elections, the time and the result of the canvasses, and a description of the territory. § 35143. Submission of two or more annexations: Record and statement in one document: Exception. Where the question of annexation of two or more territories has been submitted to the city electors the record and statement as to any number of annexations may be included in one document, but the clerk shall not include any record of the votes cast or the elections held upon the proposition of the annexation of any body of new terri- tory which is not effective pursuant to this article. § 35144. Approval of annexation by ordinance: Substitution of ordinance. If annexation was approved by ordinance, a certi- fied copy of the ordinance, giving the date of its passage, shall be substituted for the copy of the record of the canvasses. § 35145. Filing document and transmission of certificate. Immediately upon receipt of the document, the Secretary of State shall file it, and transmit a certificate of the filing to the clerk of the legislative body, and to the board of supervisors of the county in which the city is situated. 28 § 35148 § 35146. Date annexation complete. From the date of filing by the Secretary of State, annexation proceedings are complete. The annexed territory is a part of the city from the date fixed by the legislative body in the notice described in Section 35124, but not later than one year after the date of filing by the Secretary of State or the due date of property taxes levied by the city in the territory, whichever occurs first, except that for the purpose of compliance with Sections 34080 and 54900 of this code, and any action required for the assessment and levy of property taxes, the territory shall be deemed a part of the city from the date of filing by the Secretary of State. If no date is fixed by the legislative body in the resolution described in Section 35124, the territory is a part of the city for all purposes from the date of filing by the Secretary of State or the date of the filing of the affidavit with the recorder of the county pur- suant to Section 34080, whichever occurs later. (Amended by Stats. 1961, Ch. 1988.1 § 35146.1. Alternate procedure for division of taxes of special district. As an alternative to any procedure prescribed by law for the division of taxes or assessments collected in a special district lying partially or wholly in territory annexed by an incorporated city, the city and the special district may enter into an agreement providing that the special district shall con- tinue to perform services for such annexed territory until the close of the fiscal year for which the special district has levied taxes or assessments. § 35147. Submission of question of taxing annexed territory to pay city's indebtedness or proportionate value of improve- ments: Request in petition. When any city to which it is proposed to annex territory pursuant to this article has incurred, or authorized the incurring of, any bonded indebtedness for the acquisition, construction, or completion of any municipal im- provements, or has fixed an amount of money to represent the value to the territory to be annexed of municipal improvements already paid for by city taxpayers, the petition presented to the city legislative body may contain a request that the question sub- mitted to the electors residing in the territory shall be, whether the territory shall be annexed, and the property in the territory subjected to taxation after annexation, equally with the property within the city, to pay any specified portion of such bonded in- debtedness outstanding or authorized at the date of the first pub- lication of the notice of election or the petition presented to the city legislative body may, either additionally or alternatively contain a request that the question submitted to the electors re- siding in the territory shall be, whether the territory shall be annexed, and the property in the territory subjected to taxation after annexation to pay the amount of money fixed to represent the value to the territory of municipal improvements already paid for by city taxpayers. § 35148. Additional matters in election notice. If such a 29 § 35149 request, or requests, is made in the petition, in addition to the matters required by Section 35124 the notice of election shall: (a) With respect to a request for assumption of bonded in- debtedness: (1) State distinctly the proposition to be submitted. (2) Specify the improvement or improvements for which the indebtedness was incurred or authorized. (3) State the amount or amounts of such indebtedness out- standing at the date of the first publication of the notice. (4) State the amount authorized and to be represented by bonds to be issued. (5) State the maximum rate of interest payable, or to be pay- able on the indebtedness. (b) With respect to a request for assumption of an amount of money fixed by the city legislative body: (1) State distinctly the proposition to be submitted. (2) State the amount of money fixed to represent the value to the territory p of municipal improvements already paid for by city taxpayers. (3) State the improvements already paid for by city taxpayers. (4) State the total assessed value of all taxable property in the territory to be annexed as shown on the last equalized county assessment roll and the tax rate per one hundred dollars ($100) of assessed value required to raise the amount of money fixed by the city legislative body. (5) State the number of annual installments proposed by the city legislative body for collection of the amount fixed by taxa- tion of property in the territory. § 35149. Conduct of annexation otherwise. Otherwise in all other particulars, the annexation shall be conducted as if there were no question of assuming an indebtedness, or tax liability for municipal improvements already paid for by city taxpayers. § 35150. Taxation of annexed territory upon assumption. When the annexation of territory voting to assume such city indebtedness or fixed amount, or both, has been completed, the property within the annexed territory shall be taxed to pay the bonded indebtedness, or fixed amount, or both as specified in the notice. § 35151. (Repealed.) § 35152. Property in annexed territory not to be taxed to pay indebtedness. Except as provided in this article, property within such annexed territory shall not be taxed to pay any indebtedness or liability of the city contracted prior to or existing at the time of annexation. § 35153. Territory annexed to city divided into wards. Where territory is annexed to a city divided into wards, or to a city 30 § 35158 which later divides itself into wards, the legislative body, by ordinance, shall alter the boundaries of the city wards to include the annexed territory in one or more wards adjoining the terri- tory, or make one or more additional wards out of the annexed territory. The number of wards shall not be increased to exceed the number which the city is allowed by law. § 35154. Wards to contain equal numbers. In altering the boundaries of wards, or creating new wards, each ward shall contain, as near as possible, an equal number of inhabitants eligible to citizenship. § 35155. Senatorial or assembly districts unaffected. Any proceeding held pursuant to this article does not alter or affect the boundaries of any senatorial or assembly district. § 35156. Pending special improvement proceedings un- affected. Annexation of territory to a city pursuant to this article does not affect, terminate, or invalidate any proceeding pending at the time of such annexation, under the Drainage District Im- provement Act of 1919, or any act relating to proceedings for the acquisition of lands or rights of way for the use of, or for the improvement of roads, highways, streets, parks, drains, sewers, or other public property, or to proceedings for the opening, wid- ening, extending, or change of grade of streets or other public places. Such proceedings shall be continued by the county initiat- ing them as if the territory affected were not annexed. § 35157. Payment of expenses. All proper expenses of pro- ceedings for annexation of territory pursuant to this article, whether such proceedings are completed or not, shall be paid by the city annexing or attempting to annex the territory. § 35158. Unincorporated territory not to be completely sur- rounded by annexing city. Territory shall not be annexed to a city pursuant to this article if, as a result of such annexation, unincorporated land territory is completely surrounded by such city or by land territory of such city on one or more sides and the Pacific Ocean on the remaining sides. ARTICLE 3 TERRITORY OWNED BY THE CITY OR A CONTIGUOUS SCHOOL DISTRICT §35200. Contiguous territory annexable by city. §35201. Uninhabited territory owned by and located in school district: Petition: Verification: Contents. §35201.5.Annexation of noncontiguous territory. §35202. [No section with this number.] 35203. Initiating proceedings. 35204. Notice of annexation: Publication. §35205. Objection to annexation. §35206. Hearing protests. 35207. Vote by supervisors. §35208. Approval of annexation: Entry and transmission of resolution to Secretary of State. §35209. Filing. §35210. Date of completion of annexation. 31 § 35200 35211. Annexed territory not to be taxed. ;3 35212. Territory annexed to city divided into wards. 35213. Senatorial or assembly districts unaffected. § 35200. Contiguous territory annexable by city. Contiguous territory owned by a city may be annexed to and incorporated within it,pursuant to this article. § 35201. Uninhabited territory owned by and located in school district: Petition: Verification: Contents. Contiguous un- inhabited territory in the same county, not a part of any other city, owned by,and located within, a school district which includes any part of the city may be annexed to the city pursuant to this article. Before proceedings for the annexation of school district prop- erty are commenced, the school district shall file with the city legislative body a verified petition describing the territory, alleg- ing facts qualifying it for annexation pursuant to this section, and requesting that it be annexed. § 35201.5 Annexation of noncontiguous territory; restrictions Pursuant to this article, a city may annex noncontiguous ter- ritory not exceeding one hundred acres in area which lies in the same county as that in which the city is situated and which is owned by the city and used for a municipal purpose except that no territory may be annexed under the provisions of this article if, at the time the territory is proposed for annexation, one or more registered voters reside in the territory. If after the com- pletion of such annexation, the city sells such territory or any part thereof or one or more registered voters reside thereon, such territory or part thereof ceases to be a part of the city. If territory is annexed pursuant to this section, the annex- ing city may not annex any territory not owned by it and not contiguous to it although such territory is contiguous to the territory annexed pursuant to this section. Notwithstanding any other provision of this section to the contrary, a city which annexes territory pursuant to this sec- tion may annex pursuant to this article additional territory which is owned by the State of California and which is contigu- ous to such first annexed territory if the total acreage of the first annexed and the subsequently annexed territory together does not exceed 100 acres in area. If after the completion of such subsequent annexation, the city sells all of such first an- nexed territory or one or more registered voters reside thereon, the subsequently annexed territory ceases to be part of the city. § 35202. [No section with this number.] § 35203. Initiating proceedings. Proceedings are initiated when the city legislative body files a written petition with the board of supervisors of the county in which the city and the territory is located, containing a description of the territory and requesting its annexation to the city. 32 § 35213 § 35204. Notice o% annexation: Publication. Upon receiving the petition, the board of supervisors shall cause notice of the proposed annexation to be published in a newspaper of general circulation, for five consecutive days if a daily newspaper, or two consecutive weeks if a weekly newspaper. The notice shall contain a general description of the land sought to be annexed, and announce the time and place objections will be heard. § 35205. Objection to annexation. Any taxpayer in the county or city may object to the annexation by filing a written protest with the board of supervisors. § 35206. Hearing protests. At the time specified in the notice, or fixed by postponement, the board of supervisors shall hear the protests. The decision of the board of supervisors upon the protest is final. § 35207. Vote by supervisors. After hearing the protests, the board of supervisors shall vote upon the question of the annexation. A majority vote of the board is final upon the question. § 35208. Approval of annexation: Entry and transmission of resolution to Secretary of State. If the board of supervisors ap- proves the annexation of the territory its clerk shall enter upon its minutes, certify, and transmit to the Secretary of State and the city legislative body copies of the resolution approving the annexation and the date on which it was passed. § 35209. Filing. The documents shall be filed by the Secre- tary of State and the clerk of the board of supervisors. § 35210. Date of completion of annexation. From the date of filing the document by the Secretary of State, annexation is complete, and the annexed territory is a part of the city for all purposes. § 35211. Annexed territory not to be taxed. Property within the territory shall not be taxed to pay any indebtedness or liability of the city contracted prior to or existing at the time of annexation. § 35212. Territory annexed to city divided into wards. Where territory is annexed to a city divided into wards, or to a city which later divides itself into wards, by ordinance the city legis- lative body shall alter the boundaries of the wards to include the annexed territory in one or more wards adjoining the terri- tory, or make one or more additional wards out of the annexed territory. The number of wards shall not be increased to exceed the number which the city is allowed by law. § 35213. Senatorial or assembly districts unaffected. Any proceeding held pursuant to this article does not alter or affect the boundaries of any senatorial or assembly district. 33 § 35250 ARTICLE 4 TERRITORY OF AN ADJACENT CITY §35250. Petition to exclude and annex territory: Contents. Signatures: Approval. §35251. Alteration of territory: Submission of question: Conduct of election. §35252. Notice of election: Publication. §35253. Statement of proposition. §35254. Unfavorable vote: Subsequent election. §35255. Favorable vote for exclusion: Transmission of abstract of vote to Secretary of State. §35256. Filing abstract and transmission of certificate. §35257. Affidavit of completion. §35258. Completion of alteration. §35259. Excluded territory not relieved from liability for debts: Levy and collection. §35260. City to which annexation proposed subject to indebtedness: Re- quest to submit question. § 35250. Petition to exclude and annex territory: Contents: Signatures: Approval. Upon receipt of a petition for the altera- tion of the boundaries by the exclusion of a part of the territory thereof and the annexation of it to a contiguous city, containing a description of the territory, and signed by not less than one- fourth of the registered electors residing within the territory proposed to be excluded, the legislative body of each city may approve the proposed alteration, by a four-fifths vote of its members. [Amended by Stats. 1961, Ch. 1987.1 § 35251. Alteration of territory: Submission of question: Conduct of election. If the proposed alteration is approved by the legislative bodies of both cities, the legislative body of the city from which the territory is proposed to be excluded shall submit the question to the electors of the territory at a special election to be held for that purpose. Except as otherwise provided, the election shall be conducted pursuant to the Elections Code pro- visions relating to municipal elections. § 35252. Notice of election: Publication. The legislative body shall give notice of the election by publication in a newspaper printed and published in the city once each week for the four weeks prior to the election.The notice shall: (a) State distinctly the proposition to be submitted. (b) Describe specifically the boundaries of the territory pro- posed to be altered. (c) Designate the territory by some appropriate name by which it may be referred to upon the ballots. (d) Instruct the electors how to vote on the proposition. § 35253. Statement of proposition. Upon the ballots used at the election shall be printed the words: "Shall (insert the name given the territory in the notice of election) be excluded from the city of (stating name of city) and annexed to (stating name of city) 34 § 35260 § 35254. Unfavorable vote: Subsequent election. If a major- ity of the votes cast in the territory is against exclusion, an election for the exclusion of any of the same territory shall not be held again within one year from the date of the election. [Amended by Stats. 1961, Ch. 1988. § 35255. Favorable vote for exclusion: Transmission of ab- stract of vote to Secretary of State. If a majority of the votes cast in the territory is for exclusion, by an order entered upon its minutes, the legislative body shall cause its clerk to transmit to the Secretary of State a certified abstract of the vote showing the number of electors voting and the number of votes cast for and against exclusion. § 35256. Filing abstract and transmission of certificate. The Secretary of State shall file the abstract and transmit certificates of filing to the clerks of both city legislative bodies and the board of supervisors of the county in which the cities are situated. § 35257. Affidavit of completion. The clerk of the legislative body conducting the election shall file the affidavit of completion. § 35258. Completion of alteration. From the date of filing such documents, the alteration of territory is complete and the territory ceases to be a part of the city from which it was excluded. § 35259. Excluded territory not relieved from liability for debts: levy and collection. This article does not relieve any part of the territory from liability for the debts contracted by the city prior to the exclusion. From time to time, the excluding city shall levy and collect from the excluded territory its just pro- portion of liability for any payment on the principal and interest of such debts. § 35260. City to which annexation proposed subject to in- debtedness: Request to submit question. When any city to which it is proposed to annex territory has incurred, or authorized the incurring of, any bonded indebtedness for the acquisition, con- struction, or completion of any municipal improvements, the petition presented to the legislative bodies may contain a request that the question be submitted whether the property in the territory shall be subject to taxation, after exclusion, equally with the property within the city, to pay any specified portion of such bonded indebtedness outstanding at the date of filing of the petition. If such a request is contained in the petition, the question shall be submitted to the electors with the question of exclusion as a part of the same question. ARTICLE 5 ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939 §35300. Citation. §35301. Application. 35302. Annexation of contiguous uninhabited territory. §35302.5.Real property of public agency. 35 § 35303 § 35303. When territory uninhabited. §35304. When territory in another city may be annexed. ,�35304.5.Territory abutting on street, highway, or road: Abutting property owners'petition or consent required: Consent required. §35305. Petition: Contents: Signatures: Resolution of proposed annexation. 35306. Form of resolution. 35307. Time for hearing protests. 35308. Pendency of proceedings. §35309. (No section with this number.) 35310. Initiation of proceedings by legislative body. 35310.1. Resolution giving notice of proceedings initiated by landowners. 35311. Publication or posting of resolution: Mailed notice. 35312. Protest against annexation. 35313. Hearing: Protest by owners of one-half of value of territory. 35313.1.Tidelands. 35313.5.Findinr- that majority protest not made in accordance with §35313: Change in boundaries. 35313.6.Resubmission to Boundary Commission. §35314. Approval or disapproval of annexation. 35315. Disapproval of annexation: New petition. 35316. Preparation and transmission to Secretary of State of approval. 35317. Filing copy of ordinance: Certificates of filing. 35318. Date of completion of annexation. 35318.1.Alternate procedure for division of taxes of special district. 35319. Taxation of annexed territory for indebtedness: Consent of property owners. 35320. Territory annexed from another city subject to lien. 35321. Expenses of annexation. 35322. Territory annexed to city divided into wards. §35323. Wards to contain equal numbers. §35324. Senatorial and assembly districts unaffected. S 35325. Special improvement proceedings unaffected. §35326. Unincorporated territory not to be completely surrounded by annexing city. § 35300. Citation. This article may be cited as the Annexa- tion of Uninhabited Territory Act of 1939. § 35301. Application. When proceedings for the annexation of territory to a city are commenced pursuant to this article, the provisions of this article and of Article 1 of this chapter alone apply. § 35302. Annexation of contiguous uninhabited territory. The boundaries of a city may be altered and contiguous uninhabited territory annexed to, and incorporated within it, pursuant to this article. § 35302.5. Real Property of public agency. Real property belonging to a public agency may be annexed pursuant to this article. [Amended by Stats. 1961, Ch. 1597.1 § 35303. When territory uninhabited. For purposes of this article territory shall be deemed uninhabited if less than 12 persons who have been registered to vote within the territory for at least 54 days reside within the territory at the time of the filing of the petition for annexation or the institution of proceedings on motion of the city legislative body. [Amended by Stats. 1961, Ch. 1988.1 36 § 35305 § 35304. When territory in another city may be annexed. Territory included within another city may be annexed pursuant to this article if the legislative body of that city: (a) Receives the written consent of at least two-thirds of the owners of real property within the territory, holding at least two-thirds in value of the real property, in the territory. (b) Consents to the detachment, by resolution. [Amended by Stats. 1961, Ch. 1988.1 § 35304.5. Territory abutting on street, highway or road: Abutting property owners' petition or consent required: Consent required. Notwithstanding the provisions of Section 35002.5, territory consisting of property abutting on a street, highway, or road and such street, highway, or road to the extent that it abuts such property together with any street, highway, or road which connects such territory to the city may be annexed to a city pursuant to this article if the owner or owners of all such abutting property either petition for such annexation or file their consent to such annexation in writing with the governing body of the city; provided,that if any portion of such territory or street, highway or road is situated within three miles of the boundaries of any other city the consent of the legislative body of such other city shall first be obtained. For the purposes of this section, the "road strip" is the street, highway or road which connects territory,herein called the"prop- erty to be annexed," consisting of property abutting on a street, highway, or road and such street, highway, or road to the extent it abuts such property to the annexing city. Territory described in the first paragraph shall not be annexed if the distance measured by the "road strip" is more than one- half mile from the point at which such "road strip" connects with the city boundary to the point nearest to the city boundary at which it connects with the "property to be annexed." If territory described in this section is annexed, herein called the "territory first annexed," a city shall not annex other terri- tory consisting of property abutting on a street, highway, or road and such street, highway, or road to the extent that it abuts such property together with any street, highway, or road which con- nects such territory to the city if the point at which such "road strip" connects such city with such "property to be annexed" is a point located on a boundary of the "territory first annexed," unless the portion of the "territory first annexed" which consti- tutes the "road strip" of such territory is less than one-half mile, measured in the same manner as provided in the preceding para- graph, and is not more than one-half mile when added to that portion of the other territory proposed to be annexed which con- stitutes the"road strip"of such other territory. § 35305. Petition: Contents: Signatures: Resolution of pro- posed annexation. Upon receiving a written petition requesting annexation, containing a description of the territory sought to be 37 §35306 included in the city, and signed by the owners of not less than one- fourth of the land in the territory by area,and by assessed value as shown on the last equalized assessment roll of the county in which the territory is situated, the legislative body shall, without delay, pass a resolution giving notice of the proposed annexation. The legislative body shall, without delay, cause a copy of the resolution to be transmitted to the governing board of each school district which, in part or in whole, is included in the territory sought to be included in the city, and which has made written request therefor. § 35306. Form of resolution. The resolution shall describe the boundaries of the territory specifically, designate it by an ap- propriate name, and contain a notice of the time and place the legislative body will hear written protests against the annexa- tion made by any person owning real property within the terri- tory. In the resolution the legislative body may set a date when, pursuant to Section 35318, the annexation will become effective if such annexation is completed. [Amended by Stats. 1961, Ch. 1988.1 § 35307. Time for hearing protests. The hearing shall be set not less than 40 nor more than 60 days after the passage of the resolution, unless the owner or owners of all of the territory to be annexed have petitioned for annexation or filed their consent to such annexation in writing with the legislative body, in which event the hearing may be set at any time after compliance with Section 35311. § 35308. Pendency of proceedings. When a valid and sufficient petition for the annexation of any territory to a city has been received by its legislative body or its legislative body has initiated proceedings as hereinafter provided and until an ordinance disapproving such annexation becomes effective (a) no notice of intention to incorporate a new city shall be filed which includes any of the territory described in the annexation proceed- ings; (b) no notice of intention to circulate a petition for the annexation of any such territory under the Annexation Act of 1913 shall be filed or consented to by the legislative body of any city; (c) no petition shall be filed with, and no proceedings shall be instituted by, the legislative body of any city for the annexa- tion of any such territory under this division. § 35309. (No section with this number.) § 35310. Initiation of proceedings by legislative body: The legislative body of a city may initiate proceedings to annex the erritor on i s ow=v�: out requiring a petition. If it does, the reso u ion ,___ s a ec are a proceedings ave been initia ed y the legislative body ana se forth its re sa on's`fos desiring annexa ion. § 35310.1 Resolution giving notice of proceedings initiated by landowners; boundary determination of legislative body. If the petition is signed or consent has been filed by the owners 38 § 35311 of all the land in the territory proposed to be annexed, the resolution giving notice shall declare such fact. No written pro- £est's mayT�eile against e annexa ion y persons owning property in the territory proposed to be annexed. The hearing shall be set not more than 30 days after the pas- sage of the resolution. The city clerk of the annexing city shall cause a copy of the resolution to be published at least once in a newsaper of general circulation published in the city. Pub- lication shall be complete at least four days prior to the date set for the hearing. If there is no such newspaper published with- in the annexing city, the city clerk shall post a copy of the resolution not less than seven days before the hearing in at least three conspicuous places within the territory to be an- nexed. At the hearing on the annexation, the city legislative body shall hear protests from any owner of property within the city who does not also own property in the territory to be annexed. At the hearing, the city legislative body may make such changes in the boundaries of the territory proposed to be an- nexed as it finds proper, but it shall not include any territory outside of the boundaries described in the resolution giving notice of the proposed annexation nor shall it diminish the land area of the territory proposed to be annexed by more than 5 percent. Section 35313.6 is applicable to any such boundary changes. At the hearing, or within 30 days after the completion of the hearing, the city legislative body shall, by resolution, approve or disapprove the annexation. If it fails to adopt the resolution within such period, it shall be deemed to have adopted, on the 30th day of the same period, a resolution disapproving the an- nexation. A resolution approving or disapproving the annexation shall be considered the same as an ordinance referred to in other sections of this article. Sections 35307, 35311, 35312, 35313, 35313.2, 35313.5 and 35314 do not apply to annexation proceedings under this sec- tion. (Added Stats. 1963, c. 1474, p.—, § 1.) § 35311. Publication or posting of resolution: Mailed notice. The city clerk of the annexing city shall cause a copy of the reso- lution to be published at least twice, but not oftener than once a week, in a newspaper of general circulation published in the city and also in a newspaper of general circulation published outside of the city but in the county in which is located the territory pro- posed to be annexed; publication to be complete at least 20 days prior to the date set for the hearing. If there is no newspaper of general circulation published within the annexing city, he shall post a copy of the resolution not less than 20 days before the hearing in at least three conspicuous places within the territory. If proceedings are initiated by petition of the owner or owners of 39 § 35312 all of the territory to be annexed publication of the resolution outside of the city is not required. (a) The city clerk of the annexing city shall also cause written notice of such proposed annexation to be mailed to each person to whom land within the territory proposed to be annexed, is assessed in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on said assessment roll or as known to said clerk, and to any person who has filed his name and address and the designation of the lands in which he has any interest, either legal or equitable, with said clerk. (b) In the event any land within the territory proposed to be annexed to a city is owned by a county, the city clerk of the annexing city shall also cause written notice of such proposed annexation to be mailed to the board of supervisors of such county. (c) In the event any land within the territory proposed to be annexed to a city is tide or submerged land owned by the State, the city clerk of the annexing city shall also cause writ- ten notice of such proposed annexation to be mailed to the State Lands Commission. Such notice shall be given not less than 45 days before the first public hearing on the proposed annexation. The notice referred to in subsections (a) and (b) shall be given not less than 20 days before the first public hearing on the proposed annexation; provided, that such notice need not be sent if the owner or owners of all of the territory to be annexed have petitioned for annexation or filed their consent to such annexation in writing with the legislative body. § 35312. Protest against annexation. At any time prior to final adjournment of the hearing on protests, any owner of property within the territory may file written protest against the annexation. The protest shall state the name of the owner of the property affected and the street address or other de- scription of the property sufficient to identify it on the last equalized assessment roll. A metes and bounds description shall not be required if the property can be otherwise described in a manner sufficient to identify it on the last equalized assessment roll. As used in this article, "owner" means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the prop- erty affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. Protests may be made on behalf of the owner by an agent authorized in writing by the owner to act as agent with respect to such land, except that protest may be made on behalf of a private corporation which is an owner of property by any officer or employee of the corporation without written authoriza- tion by the corporation to act as agent or make such protest. [Amended by Stats. 1961, Ch. 1599.1 40 § 35313.1 § 35313. Hearing: Protest by owners of one-lialf of value of territory. At the time set for hearing protests, or to which the hearing may have been continued, the legislative body shall hear and pass upon all protests so made: (a) If privately owned property and no publicly owned proper- ty is proposed to be annexed, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the territory proposed to be annexed. The value given such property for• protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess on such property if it were not exempt from taxation. (b) If privately owned property and publicly owned property are proposed to be annexed in the same proceeding, further pro- ceedings shall not be taken if protest is made by public and private owners of one-half of the value of the territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, exempt from taxation. (c) As used in this article, "value of the territory" means the value of land and improvements thereon. (d) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the legislative body in proportion to the proportionate interest of the protestant in such property. (e) When property is subject to a written recorded agree- ment to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll. Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purposes shall be obtained from the as- sessor by the protestant and submitted to the legislative body with the written protest. [Amended by Stats. 1961, Ch 1599.1 § 35313.1. Tidelands. When territory proposed to be an- nexed consists wholly or partly of tide or submerged lands owned by the State, the legislative body shall determine the value of the such tide or submerged lands for the purposes of this article. For the purposes of such determination, the State Lands Commission shall fix the value of tide or submerged lands owned by the State and shall notify in writing the legislative body of its determin- ation. The legislative body may be guided by the valuation as determined by the State Lands Commission, or it may refuse to do so. If the legislative body refuses to accept such valuation, it shall bring an action for declaratory relief, to which the State Lands Commission shall be a party, for a determination of the 41 § 35315 value of the lands. During the pendency of such action further proceedings for annexation shall be stayed, and the valuation determined by the court shall be conclusive upon the legislative body. § 35313.2. Majority protests: Findings: Effect: The city legis- lative body shall find and declare by resolution adopted at the hearing or within 30 days after the closing of the hearing on protests whether or not a majority protest has been made. If it does not adopt such a resolution within such period, it shall be deemed to have adopted on the 30th day a resolution that a majority protest has been made. If a resolution finding and declaring that a majority protest is made is adopted or deemed adopted, no further proceedings for the annexation of any of the same territory to the city shall be taken for one year after the date of the adoption of the resolution. [Added by Stats. 1961, Ch. 1988.1 § 35313.5. Finding that majority protest not made in accord- ance with §35313: Change in boundaries. If the city legislative body finds by resolution adopted pursuant to Section 35313.2 that a majority protest has not been presented in accordance with Section 35313 and if it elects to proceed it may make such changes in the boundaries of the territory proposed to be an- nexed as it finds proper, but it shall not include any territory outside of the boundaries described in the resolution giving notice of the proposed annexation nor shall it diminish the land area of the territory proposed to be annexed by more than 5 percent. [Amended by Stats. 1961, Ch. 1988.1 § 35313.6. Resubmission to Boundary Commission. If the legislative body of the city makes any changes in the boundaries in accordance with the provisions of Section 35313.5, it shall resubmit the boundaries as changed to the county boundary com- mission for report as to definiteness and certainty. Upon receipt of the report the city legislative body may, if necessary, amend the boundary description to make the boundary description definite and certain. § 35314. Approval or disapproval of annexation. If the city legislative body finds by resolution adopted pursuant to Section 35313.2 that a majority protest has not been made, the legis- lative body shall approve or disapprove the annexation, by ordi- nance adopted within 60 days after the hearing on protests. If the legislative body fails to adopt the ordinance within such period, it shall be deemed to have adopted, on the 60th day of such period, an ordinance disapproving the annexation. [Amend- ed by Stats. 1961, Ch. 1988. § 35315. Disapproval of annexation: New petition. If an ordinance disapproving the annexation is adopted or deemed to have adopted, a new petition or proceeding embracing any of the same territory shall not be filed with, or initiated by, the city 42 § 35320 for 12 months after the date of the adoption of the ordinance. [Amended by Stats. 1961, Ch. 1988.1 § 35316. Preparation and transmission to Secretary of State of approval. When an ordinance approving annexation becomes effective, the clerk of the legislative body shall immediately prepare under seal a certified copy of the ordinance, giving the date of its passage, and transmit it to the Secretary of State. § 35317. Filing copy of ordinance: Certificates of filing. Upon receipt of the certified copy of the ordinance, the Secretary of State shall file it and transmit certificates of filing to the clerk of the city legislative body and the board of supervisors of the county in which the city is situated. § 35318. Date of completion of annexation. From the date of filing by the Secretary of State, annexation proceedings are com- plete. The annexed territory is a part of the city from the date fixed by the legislative body in the resolution described in Section 35306, but not later than one year after the date of filing by the Secretary of State or the due date of property taxes levied by the city in the territory, whichever occurs first, except that for the purpose of compliance with Sections 34080 and 54900 of this code, and any action required for the assessment and levy of property taxes,the territory shall be deemed part of the city from the date of filing by the Secretary of State. If no date is fixed by the legislative body in the resolution described in Section 35306 the territory is a part of the city for all purposes from the date of filing by the Secretary of State or the date of the filing of the affidavit with the recorder of the county pursuant to Section 34080, whichever occurs later. [Amended by Stats. 1961, Ch. 1988.1 § 35318.1. Alternate procedure for division of taxes of special district. As an alternative to any procedure prescribed by law for the division of taxes or assessments collected in a special district lying partially or wholly in territory annexed by an incorporated city, the city and the special district may enter into an, agreement providing that the special district shall continue to perform services for such annexed territory until the close of the fiscal year for which the special district has levied taxes or assessments. § 35319. Taxation of annexed territory for indebtedness: Consent of property owner. Property within the annexed terri- tory shall not be taxed to pay any indebtedness or liability of the city contracted prior to or existing at the time of annexation unless the written consent of the owners of more than two-thirds of the value of the territory is filed with the clerk of the legisla- tive body prior to the adoption of the ordinance approving annexation. § 35320. Territory annexed from another city subject to lien. When a city annexes territory formerly included in another 43 § 35326 city, any bonds or other obligations then a lien on property within the territory remain as liens, but liability shall not be imposed on the property by the excluding city after it consents to detachment. § 35321. Expenses of annexation. All proper expenses of proceedings for annexation pursuant to this article shall be paid by the city annexing or attempting to annex the territory. 35322. Territory annexed to city divided into wards. Where § y y territory is annexed to a city divided into wards, or to a city which later divides itself into wards, the legislative body, by ordinance, shall alter the boundaries of the city wards to include the annexed territory in one or more wards adjoining the terri- tory, or make one or more additional wards out of the annexed territory. The number of wards shall not be increased to exceed the number which the city is allowed by law. § 35323. Wards to contain equal numbers. In altering the boundaries of wards, or creating new wards, each ward shall contain, as nearly as possible, an equal number of inhabitants eligible to citizenship. § 35324. Senatorial and assembly districts unaffected. Any proceeding held pursuant to this article does not alter or affect the boundaries of any senatorial or assembly district. § 35325. Special improvement proceedings unaffected. An- nexation of territory to a city pursuant to this article does not affect, terminate, or invalidate any proceeding pending at the time of such annexation, under the Drainage District Improve- ment Act of 1919, or any act relating to proceedings for the ac- quisition of lands or rights of way for the use or improvement of roads, highways, streets, parks, drains, sewers, or other public property, or to proceedings for the opening, widening, extending, or change of grade of streets or other public places. Such pro- ceedings shall be continued by the county initiating them as if the territory affected were not annexed. § 35326. Unincorporated territory not to be completely sur- rounded by annexing city. Territory shall not be annexed to a city pursuant to this article if, as a result of such annexation, unincorporated land territory is completely surrounded by such city on one or more sides and the Pacific Ocean on the remain- ing side. ARTICLE 6 ANNEXATION OF ENCLOSED TERRITORY ACT OF 1963 Sec. 35400. Citation. 35401. Applicable provisions. 35402. Authorization for boundary alteration and for annexation. 35403. Inapplicable provisions; abutting territory. 44 § 35405 35404. Realty of public agency. 35405. Enclosed territory. 35406. Initiation of proceedings. 35407. Petition; resolution giving noticee. 35408. Initiation by legislative body; resolution giving notice. 35409. Resoluton giving notice; contents; time and place of hearing protests. 35410. Hearing; time; effect of petition of all owners. 35411. City clerk; publication of resolution; sending notices. 35412. Protests; time for filing; contents; agents; corporate officers; owner. 35413. Protests; persons authorized to file or withdraw; continuance of hearing; owner. 35414. Majority protest; determination; presumption; effect. 35415. Minority protest; approval or disapproval; presumption. 35416. Request or consent of all owners; ordinance of annexation. 35417. Certified copy of ordinance; transmittal to secretary of state. 35418. Cerificate of filing. 35419. Date of completion; effective date. 35420. Expenses of proceedings. 35421. Ward boundaries. 35422. Equalizing population of wards. 35423. Senatorial and assembly district boundaries, effect. Article 6 added by Stats.1963,c.1093, p.—, �1. § 35400. Citation This article may be cited as the Annexation of Enclosed Terri- tory Act of 1963. § 35401. Applicable provisions When proceedings for the annexation of territory to a city are commenced pursuant to this article, the provisions of this article and of Article 1 of this chapter alone apply. This article shall apply only to territory which prior to January 1, 1963, con- stituted "enclosed territory" as defined in Section 35405. §35402. Authorization for boundary alteration and for an- nexation. The boundaries of the city may be altered and enclosed territory annexed to and incorporated within it pursuant to this article. § 35403. Inapplicable provisions; abutting territory. The provisions of Sections 35002.3, 35002.5, and 35008 shall not apply to proceedings instituted under this article, except that any territory annexed pursuant to this article must abut territory within the city at at least one point. § 35404. Realty of public agency. Real property belonging to a public agency may be annexed pursuant to this article. § 35405. Enclosed territory. "Enclosed territory" for the purposes of this article shall mean all or any part of lands less than 10 acres in total area, which said lands are completely sur- rounded by the annexing city. Enclosed territory my be annexed pursuant to this article regardless of whether the enclosed territory, proposed to be annexed, is inhabited territory or un- inhabited territory within the meaning of this chapter. 45 § 35406 § 35406. Initiation of proceedings. Proceedings for the an- nexation of territory may be initiated by the city council on its own motion or upon the request of one or more property owners within the enclosed territory. § 35407. Petition; resolution giving notice. Upon receiving a written petition requesting annexation, containing a descrip- tion of the territory sought to be included in the city, and signed by the owners of any of the land within the enclosed territory, the legislative body may pass a resolution giving notice of the proposed annexation. § 35408. Initiation by legislative body; resolution giving no- tice. The legislative body of a city may initiate proceedings to annex the territory on its own motion without requiring a peti- tion. If it does, the resolution giving notice shall declare that proceedings have been initiated by the legislative body and set forth its reasons for desiring annexation. § 35409. Resolution giving notice; contents; time and place of hearing protests. The resolution shall describe the boundaries of the territory specifically, designate it by an appropriate name, and contain a notice of the time and place the legislative body will hear written protests against the annexation made by any person owning real property within the territory. In the resolu- tion, the legislative body may set a date when, pursuant to Section 35318, the annexation will become effective if such an- nexation is completed. § 35410. Hearing; time; effect of petition of all owners. The hearing shall be set not less than 40 nor more 60 days after the passage of the resolution; provided, however, that if the owner or owners of all of the territory to be annexed have petitioned for annexation or filed their consent to such annexation in writing with the legislative body, the legislative body may pro- ceed as set forth in Section 35416. § 35411. City clerk; publication of resolution; sending no- tices. The city clerk of the annexing city shall cause a copy of the resolution to be published at least twice, but not oftener than once a week, in a newspaper of general circulation pub- lished in the city, publication to be complete at least 20 days prior to the date set for the hearing. If there is no newspaper of general circulation published within the annexing city, he shall post a copy of the resolution not less than 20 days before the hearing in at least three conspicuous places within the city. (a) The city clerk of the annexing city shall also cause writ- ten notice of such proposed annexation to be mailed to each per- son to whom land within the territory proposed to be annexed, is assessed in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on said assessment roll or as known to said clerk, and to any person who has filed his name, address, or mailing address and 46 § 35414 the designation of the lands in which he has any interest, either legal or equitable, with said clerk. (b) In the event any land within the territory proposed to be annexed to a city is owned by a county, the city clerk of the an- nexing city shall also cause a written notice of such proposed annexation to be mailed to the board of supervisors of such county. The notices referred to in subsection (a) and (b) shall be given not less than 20 days before the first public hearing on the proposed annexation. § 35412. Protests; time for filing; contents; agents; cor- porate officers; owner. At any time prior to final adjournment of the hearing on protests, any owner of property within the territory may file written protest against the annexation. The protest shall state the name of the owner of the property af- fected and the street address or other description of the pro- perty sufficient to identify it on the last equalized assessment roll. A metes and bounds description shall not be required if the property can be otherwise described in a manner sufficient to identify it on the last equalized assessment roll. As used in this article, "owner" means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner. Protests may be made or withdrawn on behalf of the owner by an agent author- ized in writing by the owner to act as agent with respect to such land, except that protest may be made or withdrawn on behalf of a private corporation which is an owner of property by any officer or employee of the corporation without written author- ization by the corporation to act as agent or make such protest. § 35413. Protests; persons authorized to file or withdraw; con- tinuance of hearing; owner. Protests may be filed by the owner of any property included within the territory proposed to be an- nexed. The city council may continue the hearing from time to time and the owner of any property may at any time withdraw the protest on his property. For the purposes of this section, the "owner" shall mean the person shown on the last equalized assessment roll, or the person owning the equitable interest in the subject real property. § 35414. Majority protest; determination; presumption; ef- fect. The city legislative body shall find and declare by resolu- tion adopted at the hearing or within 10 days after the hearing on protests whether or not a majority protest has been made. If it does not adopt such a resolution within such period, it shall be deemed to have adopted on the 10th day a resolution that a majority protest has been made. If a resolution is adopted or deemed adopted finding and de- claring that a protest is made by the owners of real property 47 r § 35415 within the territory proposed to be annexed the assessed value of which, as shown by the last equalized assessment roll, con- stitutes more than one-half of the total assessed value of the real property within the territory proposed to be annexed, no further proceedings for the annexation of any of the same ter- ritory to the city shall be taken for one year after the date of the adoption of the resolution. 35415. Minority protest; approval or disapproval; presump- tion. If the city legislative body finds by resolution adopted pur- suant to Section 35414 that a majority protest has not been made, the legislative body shall approve or disapprove the an- nexation by ordinance adopted within 60 days after the hearing on protests. If the legislative body fails to adopt the ordinance within such period, it shall be deemed to have adopted on the 60th day of such period, an ordinance disapproving the annexa- tion. § 35416. Request or consent of all owners; ordinance of annex- ation. As an alternative to the foregoing proceedings, in the event that all of the owners of land located within an enclosed territory request or consent in writing to annexation of said land to the city, the city legislative body, after complying with Section 35002, adopt an ordinance annexing said land to the city. Such written request shall not be deemed a petition within the meaning of Section 35002. § 35417. Certified copy of ordinance; transmittal to Secretary of State. When an ordinance approving annexation becomes ef- fective, the clerk of the legislative body shall immediately pre- pare under seal a certified copy of the ordinance, giving the date of its passage, and transmit it to the Secretary of State. § 35418. Certificates of filing. Upon receipt of the certified copy of the ordinance, the Secretary of State shall file it and transmit certificates of filing to the clerk of the city legislative body and the board of supervisors of the county in which the city is situated. § 35419. Date of completion; effective date. From the date of filing by the Secretary of State, annexation proceedings are complete. The annexed territory is a part of the city from the date fixed by the legislative body in the resolution described in Section 35409, but not later than one year after the date of filing by the Secretary of State or the due date of property taxes levied by the city in the territory, whichever occurs first, except that for the purpose of compliance with Sections 34080 and 54900 of this code, and any action required for the assessment and levy of property taxes, the territory shall be deemed part of the city from the date of filing by the Secretary of State. If no date is fixed by the legislative body in the reso- lution described in Section 35409, the territory is a part of the city for all purposes from the date of filing by the Secretary of State or the date of the filing of the affidavit with the recorder of the county pursuant to Section 34080, whichever occurs later. 48 § 35452 § 35420. Expense of proceedings. All proper expenses of pro- ceedings for annexation pursuant to this article shall be paid by the city annexing or attempting to annex the territory. § 35421. Ward boundaries. Where territory is annexed to a city divided into wards, or to a city which later divides iteslf into wards, the legislative body, by ordinance, shall alter the boundaries of the city wards to include the annexed territory in one or more wards adjoining the territory, or make one or more additional wards out of the annexed territory. The number of wards shall not be increased to exceed the number which the city is allowed by law. § 35422. Equalizing population of wards. In altering the boundaries of wards, or creating new wards, each ward shall contain, as nearly as possible, an equal number of inhabitants eligible to citizenship. § 35423. Senatorial and assembly district boundaries, effect. Any proceeding held pursuant to this article does not alter or affect the boundaries of any senatorial or assembly district. ARTICLE 7 ANNEXATION OF COUNTY HIGHWAYS §35450. Power to annex. §35451. Initiation of proceedings: Resolution of intention. §35452. Notice of annexation. §35453. Written protests. §35454. Hearing protests. §35455. Vote on annexation: Majority vote. §35456. Approval of annexation: Duties of clerk: Duty to transmit copies of resolution. §35457. Copy to be filed by Secretary of State: Effect. §35458. Affidavit of completion and statement of boundary change. § 35450. Power to annex. The board of supervisors may effect the annexation to any city or cities of contiguous unincorporated territory consisting solely of a highway or highways, or por- tions thereof, bounded on both sides by city boundaries, pur- suant to the provisions of this article. [Amended by Stats. 1961, Ch, 1987.1 § 35451. Initiation of proceedings: Resolution of intention. Proceedings are initiated by the board of supervisors of the county in which the highway or highways or portions thereof are located, passing a resolution of intention to cause the annexation of the full width thereof to one or more of the abutting cities,or to cause the annexation of part of the width thereof to one or more of the abutting cities and the remainder of the width thereof to any other abutting city or cities. Such resolution shall contain a description or descriptions of the territory or territories proposed to be an- nexed and indicate the city or cities to which it is proposed to be annexed or to which its respective portions are to be annexed. § 35452. Notice of Annexation. The clerk of the board of supervisors shall cause notice of the proposed annexation to be 49 § 35458 published in the county pursuant to Section 6061. The notice shall contain a general description of the land or portions thereof sought to be annexed,the city or cities to which it or each portion thereof is proposed to be annexed, and announce the time and place objec- tions will be heard. The clerk shall mail a copy of such notice to the legislative bodies of all cities whose boundaries are contiguous with any of the area proposed to be annexed at least 30 days prior to the date set for hearing. § 35453. Written protests. Any taxpayer of the county or of any city to which it is proposed that such territory be annexed, as well as any city whose boundaries are contiguous to the territory or territories proposed to be annexed, may object by filing a writ- ten protest with the board prior to the date set for the hearing. If a resolution adopted by the legislative body of the city object- ing to the proposed annexation to that city is filed with the board of supervisors prior to the date set for the hearing,the proceedings as to that city shall be abandoned. § 35454. Hearing protests. At the time specified in the notice, or fixed by postponement, the board of supervisors shall hear and pass upon the protests. The decision of the board of super- visors upon the protest is final. § 35455. Vote on annexation: Majority vote. After hearing the protests, the board of supervisors shall vote upon the question of the annexation. A majority vote of the board is final upon the question. § 35456. Approval of annexation: Duties of clerk: Duty to transmit copies of resolution. If the board of supervisors approves the annexation of the territory or territories to the city or cities as proposed, the clerk of the board shall enter upon its minutes, cer- tify, and transmit to the Secretary of State and to the legislative body or bodies of the annexing city or cities copies of the resolu- tion approving the annexation and the date on which it was passed. § 35457. Copy to be filed by Secretary of State: Effect. The documents shall be filed by the Secretary of State and from the date of filing thereof the annexation is complete and the annexed territory or territories are a part of the annexing city or cities for all purposes. § 35458. Affidavit of completion and statement of boundary change. The clerk of the board of supervisors shall file the affi- davit of completion and the statement of boundary change re- quired by Chapter 8, Part 1, Division 2, Title 5, of this code. 50 Chapter 6.5 Local Agency Annexation Commission Sec. 54750. Definitions; use in chapter. 54750.1 Definitions;use in particular sections. 54751. Application. 54752. Creation. 54753. Composition. 54753.05 Service by city or county officer. 54753.1 Term; vacancy. 54754. City selection committee; membership; quorum. 54755. City selection committee; meetings; appointments. 54756. Loss of office in entity represented. 54757. Chairman. 54758. Compensation; expenses. 54759. Alternate member; disqualification of interested member. 54760. Powers and duties. 54761. Noticeof intention to annex; filing. 54762. Necessity of decision; report of boundary commission. 54763. Hearing;time and place; notice. 54764. Hearing;parties;reports; rules and regulations. 54765. Hearing; factors to be considered. 54766. Hearing; adjournments; determination; effect of approval or disapproval; modifications. 54767. Disapproval; waiting period. 54768. Territory in more than one county. 54769. Executive officer; staff personnel; professional or consulting services; expenses. 54770. Boundary commission assistance. 54771. Quarters,equipment,supplies and operating expenses. Chapter 6.5 added by Stats.1963, c. 1810, p.—, �1: § 54750. Definitions; use in chapter. As used in this chapter; (a) "Commission" means a local agency annexation commis- sion. (b) "Special district" means an agency of the State for the local performance of governmental or proprietary functions within limited boundaries. "Special district" does not include the State, a city, a county, or a school district. (c) "Local agency" means city or special district. § 54750.1 Definitions; use in particular sections. As used in Sections 54753, 54753.05, 54756, and 54759: (a) "County officer" means: (1) Member of the board of supervisors. (2) County clerk. (3) County auditor or county controller. (4) County assessor. (5) County surveyor or county engineer. (6) County registrar of voters. (b) "City officer" means mayor or member of a city council or legislative body of the city. § 54751. Application. This chapter does not apply to any county in which there is no city or in which there is only one city. 51 § 54752 § 54752. Creation. There is hereby created in each county of the State a local agency annexation commission. § 54753. Composition. The commission shall consist of five members, selected as follows: (a) Two representing the county, each of whom shall be a county officer, appointed by the board of supervisors. (b) Two representing the cities in each county, each of whom shall be a city officer, appointed by the city selection committee. (c) One representing the general public, appointed by the other four members of the commission. § 54753.05. Service by city or county officer. A city or county officer may serve as a member of the commission while holding office as a city or county officer. § 54753.1. Term; vacancy. Except as provided in this section, the term of office of each member shall be four years and until the first appointment and qualification of his successor. The first members of the commission shall classify themselves by lot so that the term of office of one member is one year, of one member is two years, of two members is three years and of one member is four years. The power which orginally appointed a member whose term has expired shall appoint his successor for full term of four years. Any member may be removed by the power appointing him. Any vacancy in the membership of the commission shall be filed for the unexpired term by appointment by the power which orginally appointed the member whose position has become vacant. § 54754. City selection committee; membership; quorum. For the purposes of this chapter there shall be a city selection com- mittee for each county. The membership of such committees shall consist of the mayor of each city within such county, or, where there is no mayor, the chairman or president of the city council. A majority of the members of each city selection committee shall constitute a quorum. § 54755. City selection committee; meetings; appointments. The cityselection committee of each count shall meet within Y 60 days after the effective date of this chapter for the purpose of making the first appointments to the commission. The com- mittee of each county shall thereafter meet on the second Mon- day in May of each year that it is necessary to make succeeding appointments to the commission. § 54756. Loss of office in entity represented. If a member ceases to be an officer of the entity he was appointed to repre- sent on the commission, his membership on the commission shall thereafter be considered vacant. 52 § 54763 § 54757. Chairman. The chairman of the commission shall be selected by the members thereof. § 54758. Compensation; expenses. Commission members shall serve without compensation but shall be reimbursed the actual amounts of their reasonable and necessary expenses incurred in attending meetings and in performing the duties of their office. § 54759. Alternate member; disqualification of interested member. The city selection committee shall appoint one alternate member of the commission in the same manner as it appoints a regular member. When the commission is considering a pro- posal for the annexation of territory to a city of which one of the members of the commission appointed under subdivision (b) of Section 54753 is an officer, the member is disqualified from participating in the proceedings of the commission with respect to the proposal and the alternate member shall serve in his place for such purpose. § 54760. Powers and duties. The commission shall have the following powers and duties: (1) To review and approve or disapprove, with or without ammendment, wholly, partially or conditionally, proposals for the annexation of territory to local agencies within the county. (2) To adopt standards and procedures for the evaluation of proposals for the annexation of territory to local agencies with- in the county. § 54761. Notice of intention to annex; filing. No petition seeking the annexation of territory to a local agency shall be circulated or filed, nor shall any public officer accept any such petition for filing, nor shall any governing body initiate pro- ceedings to annex on its own motion until it has filed a notice of intention to annex with the commission. The noitce shall con- tain the specific boundaries of the territory proposed to be an- nexed. § 54762. Necessity of decision; report of boundary com- mission. Except as provided in this section, no further action shall be taken concerning the proposed annexation until the commission has rendered its decision as provided in Section 54766. If other provisions of law which govern the annexation provide for the submission of the proposed boundaries of the territory to be annexed to the county boundary commission for review and report, such provisions of law shall be complied with after the filing of a notice of intention with the local agency an- nexation commission, pursuant to Section 54761. A copy of the report, if any, shall be transmitted to the local agency annexation commission. § 54763. Hearing; time and place; notice. Following receipt of the copy of the report, if any, of the county boundary com- mission and of the notice prescribed by Section 54761, the com- mission shall set the date, time, and place for a public hearing 53 § 54764 on the proposal. The date of the hearing shall not be more than 60 days following receipt by the commission of such notice. The commission shall notify the governing body of each local agency having jurisdiction within the boundaries of the terri- tory proposed to be annexed, and the governing body of each city within three miles of the exterior boundaries of the terri- tory proposed to be annexed, any interested party who has filed a written request with the executive officer of the commission for such notice, and the proponents of the annexation, of the date, time, and place of the public hearing, at least 15 days prior to the date fixed for the hearing. § 54764. Hearing; parties; reports; rules and regulations. At the hearing, the commission shall hear any interested parties having made formal request to appear and be heard, and the re- port of the commission's staff. The commission and its presiding officer shall have the power to make and enforce such rules and regulations as will provide for orderly and fair conduct of the hearings. § 54765. Hearings; factors to be considered. Factors to be con- sidered in the review of an annexation proposal shall include but not be limited to: (1) Population; population density; land area and land uses; per capita assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; the likelihood of significant growth in the area, and in adjacent in- corporated and unincorporated areas, during the next 10 years. (2) Need for organized community services; the present cost and adequancy of governmental services and controls in the area; probable future needs for such services and controls; probable effect of the proposed formation and of alternative courses of action on the cost and adequancy of services and controls in the area and adjacent areas. (3) The effect of the proposed annexation, and of alternative actions, on adjacent areas, on mutual social and economic in- terest and on the local governmental structure of the county. §54766. Hearing; adjournments; determination; effect of ap- proval or dissapproval; modifications. Upon conclusion of the hearing,the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days. If the commission approves the annexation, proceedings there- for may be continued as otherwise provided by the governing law. If the commission disapproves the proposed annexation, further proceedings to annex the territory to the local agency shall terminate. If the commission approves the proposed an- nexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions. 54 § 54771 § 54767. Disapproval; waiting period. If the commission dis- approves the annexation of territory to a city, no notice of in- tention to annex the same or substantially the same territory to that city may be filed with the commission for a least one year after the date of disapproval. If the commission disapproves the annexation of territory to a special district, no notice of intention to annex the same or substantially the same territory to that special district may be filed with the commission for at least one year after the date of disapproval. § 54768. Territory in more than one county. If the territory of a special district lies in more than one county, the notice of in- tention to annex, required by Section 54761 shall be filed with the commission of the county in which the territory to be an- nexed lies. § 54769. Executive officer; staff personnel; professional or cousulting services; expenses. The commission may appoint an executive officer who shall conduct and perform the day-to-day business of the commission. If the commission does not appoint an executive officer, the county administrator, or, if there is none, the county clerk, shall act as executive officer for the commission. To the extent that the assistance rendered to the commission under Section 54770 is insufficient for its needs, the commission may appoint and assign staff personnel necessary for the per- formance of its duties and functions and the commission may employ and contract for professional or consulting services to carry out and effect the function specified in this chapter. The commission may also incur usual and necessary expenses for the accomplishment of its functions. § 54770. Boundary commission assistance. The county boun- dary commission shall render advisory services to the local agency annexation commission upon its request. The staff of each member of the county boundary commission shall be avail- able to the local agency annexation commission to assist it in carrying out its functions under this chapter. § 54771. Quarters, equipment, supplies and operating expenses, The board of supervisors shall furnish the commission with necessary quarters, equipment, and supplies, and the usual and necessary operating expenses incurred by the commission shall be a county charge. 55 LOCAL AGENCY FORMATION COMMISSION FILING AND 11EARING SCHEDULE January through December, 1971 FILING DATE HEARING DATE January 1 January 27 January 15 February 10 January 29 February 24 February 12 March 10 February 26 March 24 March 19 April 14 April 2 April 28 April 16 May 12 April 30 May 26 May 14 June 9 May 28 June 23 June 18 July 14 July 2 July 28 July 16 August 11 July 30 August 15 August 13 September 8 1-.ugust 27 Scptcr:ber 22 September 17 October 13 October 1 October 27 October 15 November 10 October 29 November 24 November 12 December 8 November 26 December 22 STATE BOARD OF EQUALIZATION SCHEDULE OF FEES FOR PROCESSING STATEMENTS AND MAPS FILED PURSUANT TO SECTION 54900, ET SEQ., OF THE GOVERNMENT CODE Effective March 4, 1972 Fees are to accompany statements filed pursuant to Section 54900 et seq of the Government Code unless prior arrangement for periodic payment has been made. 1. City incorporations, district formations or addition of existing districts to tax rolls; Reorganizations including the formation of districts or incorporation of cities. $100+ $0.50 per acre (1)(2) 2. Annexations to or detachments from districts $30+ $0.50 per acre (1)(2) 3. Annexations to or detachments from cities $40+ $0.50 per acre (1)(2)(3) 4. Creation of temporary zones within highway lighting districts $10 per zone in addition to annexation fee .5 Creation of ::ones ar improvement di=*ricts concurrent!y with iormc.rion of "Parcn'," district $25 per zone or improvement district (1)(2) b. Creation of zone or improvement district subsequent to formation of "Parent" district $50+ $0.50 per acre (1)(2) 7. Reorganizations not including formation of districts or incorporation of cities $40+ $0.50 per acre (1)(2) 8. Name changes or formation of districts or zones that are coterminous with existing cities or districts; Dissolutions $20 per county (1) No fee shall exceed $350 except when the action covered by the statement involves more than one county. In such cases, add $50 for the second or each subsequent county. (2) If the action covered by the statement involves two or more noncontiguous areas, add $10 per area to fee. (3) The fee for annexations to cities also covers related detachments from special districts (Fire protection, lighting, etc.). The above fees will be doubled if the statutory deadline of January 1st for filing state- ments is extended by legislative action. REV. 12/71 STATE BOARD OF EQUALIZATION SCHEDULE OF FEES FOR PROCESSING STATEMENTS AND MAPS FILED PURSUANT TO SECTION 54900, ET SEQ., OF THE GOVERNMENT CODE Effective March 4, 1972 Fees are to occompony statements filed pursuant to Section 54900 et seq of the Government Code unless prior arrangement for periodic payment has been made. 1. City incorporations, district formations or addition of existing districts to tax rolls; Reorganizations including the formation of districts or incorporation of cities. $100+ $0.50 per acre (1)(2) 2. Annexations to or detachments from districts $30+ $0.50 per acre (1)(2) 3. Annexations to or detachments from cities $40+ $0.50 per acre (1)(2)(3) 4. Creation of temporary zones within highway lighting districts $10 per zone in addition to annexation fee 5. Creation of zones or improvement districts concurrently with formation of "Parent" district $25 per zone or improvement district (1)(2) 6. Creation of zone or improvement district subsequent to formation of "Parent" district $50+ $0.50 per acre (1)(2) 7. Reorganizations not including formation of districts or incorporation of cities $40+ $0.50 per acre (1)(2) 8. Name changes or formation of districts or zones that are coterminous with existing cities or districts; Dissolutions $20 per county (1) No fee shall exceed $350 except when the action covered by the statement involves more than one county. In such cases, add $50 for the second or each subsequent county. (2) If the action covered by the statement involves two or more noncontiguous areas, add $10 per area to fee. (3) The fee for annexations to cities also covers related detachments from special districts (Fire protection, lighting, etc.). The above fees will be doubled if the statutory deadline of January 1st for filing state- ments is extended by legislative action. REV. 12'71