HomeMy WebLinkAboutAnnexations - Incorporations 1970 - _UZ,
1108"O"STREET
SACRAMENTO 95814
• • • • (916) 444-5790
� TA League of California Cities BERKELY94705NT
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Member National League of Cities "Western City" Official Publication (415)843-3083
WORK 702 HILTON CENTER
LOS ANGELES 90017
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(213) 624-4934
A N N E X A T I O N L A W
February 1971ANNEXATIONS INCORPORATTONS
Too City Attorneys, _Ciry Managers -arid -City-Clerks
Attached is a revised compilation of annexation and local agency
formation commission statutes reflecting amendments enacted during
the 1970 legislative session. Section numbers amended or added in
1970 are indicated by an asterisk. Reference should be made to the
Digest of 1970 Legislation Affecting Cities for changes in the law
relating to incorporations, consolidations, and exclusion of terri-
tory. It should be noted that the attached compilation includes
sections of the District Reorganization Act of 1965 which relate to
procedures for city annexations which are part of district reorgani-
zations.
We have revised the outline of the general procedures required for
annexation of territory under the Annexation Act of 1913 and the
Annexation of Uninhabited Territory Act of 1939. It is hoped that
the outline will be helpful as a timetable and checklist of .the
required steps for annexation under the two. basic acts. Reference
should always be made to the statutes, of course, for detailed
procedural requirements.
Copies of the following 1970 chaptered laws affecting annexation
procedures and local agency formation commissions may be obtained
- from the Legislative Bill Room, State Capitol, Sacramento 95814.. .
Chapter No.
102
119
165
736
1249
1526
William G. Holliman, Jr.
Assistant Legal Counsel
WGH;pc
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1970 COMPILATION OF ANNEXATION STATUTES
TITLE 4, DIVISION 2, PART 2 OF THE GOVERNMENT CODE
Chapter 1. Annexation of Territory
Article 1. General
Sec. 35000. 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 petition.
Sec. 35001. 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.
Sec. 35002. No petition seeking the annexation or transfer 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 proceedings to annex
or transfer on its own motion, until approval of the local agency formation com-
mission is first obtained pursuant to Chapter 6.6 (commencing with Section 54773) ,
Part 1, Division 2, Title 5.
Sec: 35002.3. . 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 commenced or insti-
tuted after the effective date of this section as amended by the Legislature at
its 1963 Regular Session.
* Sec.• 35002.5. Territory shall not be deemed contiguous as the word "contig-
uous"' 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 territory within the boundaries of
another city or if such area is separated from the boundaries of an annexing city
-by territory within 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 separating point is uninhabited as defined in Section 35303 of the
Government Code.
Territory shall be deemed contiguous as the word contiguous is used in this
chapter if such territory is separated from the boundaries of an annexing city
by territories within the boundaries of another city provided such separating
territory became within the boundaries of the other city prior to June 16, 1917,
and further provided such separating territory is not in excess of 3,000 feet in
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width at all of its separating-points-and provided further that said territory
is a part of the same unified school district as the largest portion of the city
seeking to annex such territory. (Amended by Stats. 1970 ch. 1526.)
Sec. 35003. Notwithstanding the provisions 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.
* Sec. 35004. No territory comprising lands owned by a community .college district
and acquired by .such district prior to July 1, 1952, .through a conveyance-,from
the board of .supervisors of the county in which such territory is situated. pursu-
ant 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 pommunity college
district.
Anything in this code to the contrary notwithstanding, territory surrounding
lands owned by a community 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. (Amended by Stats. 1970 ch. 102.)
Sec. 35005. .. When.an annexation or incorporation causes the loss .of customers
served by a person operating under county. franchise, license or permit and engaged
for more than three years in private refuse collection and disposal .service, the
city shall permit such person to continue service for a period of three years pro-
vided the service meets the quality.and frequency of service required by .the city
or provided in other areas of. the city not served by such person.
Nothing in. thi.s section shall be construed to limit. .the right of the city or
the operator to. provide..for a_ termination of business°prior to_ the three years
upon mutually satis.factory`.terms -of settlement. -
Sec. 35006. When uninhabited territory owned by a city is annexed, proceed-
ings maybe had under Article 3 or Article 5. of this chapter.
Sec. 35007. The legislative body shall have power to -te=-minate .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. pro-.
vided for in Section 35121 or 35313, whichever is applicable to the proceedings,.
even though the proceedings have been terminated. The city legislative body
shall, 'at the hearing .or.within 30 .days ther_eafter, .find and declare.by. resolution
whether or not a majority protest is made. If the city.legislative body finds
that a majority protest _as. ther.ein provided 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 .except upon .the petition •or consent -of•.all
property owners of -the territory proposed..to .be- annexed. ..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 reso-
lution:.
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Sec. 35008. . 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 residente dwelling of..the. owner of_the -property and- to include the remainder
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of the property of such owner where the site of- the. residence dwelling is contig-
uous or adjacent- to the remainder of-the-property. J U in any annexation proceed-,
ings 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 proceedings 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' anriexed.' If the annexation proceedings have been completed, .the legis-
lative •body shall transmit-a certifiedcopy of. such resolution, describing the=
boundaries of` the annexed territory, as- changed,-- with the Secretary :of State,
who shall file it'arid 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.
Sec. 35009. 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 annexed 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 consideredunincorporated territory.for purposes
of Sections 35158 and 35326
This section shall apply only to counties which have, on or before December
31, 1954, adopted a master -plan for land use which 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 bef ore "or after such date.
This sectiotf shall not-be construed and is not intended to prevent the annex-
ation 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.
.Sec. -35009.1, Any land which is zoned and .restricted. for agricultural pur-
poses exelusively' pursuant to a general. plan_ for land use in any county and-which-
was.,- at -the- time itt--was so zoned -and restricted, not located within three -.miles .
of the- boundary- of any. city shall not; while-it- is so. zoned, be- annexed.to--a city.
pursuant.:.to`- Article 2 -(commencing with Section -35100) or Article 5 (commencing
with'-Section• 35300) a-itho,ut;:the' consent of• two-thirds .of the owners of land
which is.-proposed! to be annexed.
Land so zoned' shall not= be considered. unincorporeted. territory for purposes
of Sections 35158 and -35326. This section shall not apply to counties which have,
on or before December 31,- 1954, .adopted a .master-plan for land use. which includes.
provision for the zoning and restricting .of land for_ exclusively agricultural pur-
poses. .
This section shall apply -only -to: counties which have adopted. a general plan -
for land use which includes provision for the zoning and-restricting-of land for
exclusively agricultural purposes.
This section shall not be construed and is -not intended to prevent the annex
ation of roads,. and lands so zoned shal-I not be. included in computing the 1/2, mile
limitation tinderlGovernment Code- Sections 35105.5 or 35304.5 as to any territory
situated outside of the land so zoned'.
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Sec.= '35010.. -Any territory which is zoned and restricted for airport purposes
exclusively pursuant .to a master plan for land use iri .any county which-is subse-
quently'annexed to a city pursuant to Article :2 or 5 -of this -chapter shall continue
to be subject to such use restriction, notwithstanding any city zoning ordinances,
unless consent to a change' in use is granted by the -landowner of the territory.
Sec. 35011. ^ If �a suit is brought attacking the regularity or validity of
annexation proceedings completed pursuant to this chapter and the .city which has .
annexed such territory is enjoined from exercising jurisdiction over such terri
tory 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 territory in the county, until the final
disposition of such suit, and thereafter if it is deterinined that the annexation
proceedings were invalid
Sec. 35012.- Any person making .a protest�• to an annexation -or to an annexa-
tion election may withdraw his protest at any time prior to final adjournment of
the hearing on protests by filing with the clerk of the legislative body of the
annexing city a written statement that he withdraws -his protest. If the ,with-
drawal is made during the hearing the written statement may be filed with the
legislative body or with the clerk.
Sec. 35014. No tidelands or submerged lands which are owned by the state
or by its grantees, in. trust' shall be annexed to -a .city except that portion of
such tidelands or submerged lands encompassed within the seaward .or waterward.
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, ex-
tended 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 maybe
approved by the State Lands Commission.
If any such tidelands or submerged lands shall be included within the bound-
aries of any territory proposed to be annexed to a -city, a descrip.ti.on,. of such
boundaries, . together- with a map showing such boundaries,..shall. be filed with the.
State Lands Commission. Such filing shall be made prior to filing or: taking any
action under- Chapter'6.•6 (commencing with Section 54773); Part 1, Division 2, _
Title.5. The State Lands Commission shall approve. or disapprove all portions of
the boundaries located upon such tidelands or submerged lands and in making such
determination it shall, where feasible and appropriate-; require such extensions
of land boundaries of the city to be at right angles to the general direction of
the shoreline at each point of intersection of the shoreline with the land bound-
aries of 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 it may deem necessary
considering any irregularity of the shoreline, other geographical features, the
effect of such offshore or submerged lands annexations on the uplands of the city
and adjoining territory, and the existing and potential boundaries of other cities
and of. unincorporated communities.
Within 45 days after the filing of the boundary description and map with the
State Lands Commission, said 'commission- shall make a determinat.ion .of the proper
offshore or submerged lands boundaries. Said determination shall be -final and
conclusive. Failure to report. within said time shall- be .deemed -approval of the
proposed offshore or submerged lands boundaries. -
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.The 'costs incurred by the State Lands Commission iri connection. with making
such determination shall be paid by the city.
The State. Lands Commission shall report its determination to the city, to such
other person or persons, if any, as shall have filed said boundary description
and map,::and to the executive officer 'of the local agency formation commission.
Thereafter; filings and action may be taken pursuant to Chapter 6.6 (commencing
with Section 54773), Part-' I, Division 2, Title 5. Pursuant to said Chapter 6.6
the local agency.- formation commission may review and make determinations as to .
all portions of the boundaries, other than said offshore or submerged lands
boundaries.
For purposes '.of this section, submerged lands include but are not limited to
lands underlying navigable waters irrespective of whether or not such waters are
subject to tidal influences_.
Sec. 35015. In any annexation pursuant to this' chapter, 'the territory pro-
posed to be annexed may be annexed by the legislative body of the city without
notice .and.hearing. and without an election, if all of the owners of the land
within such territory consent in writing to such annexation and if the local
agency formation commission gives its approval and authorization pursuant to
Section 54797.1.
Article 2. Annexation Act of 1913
Sec. 35100. This article may be cited as the Annexation Act of 1913.
Sec. 35101. When any proceedings for annexation of territory to a city are
commenced pursuant to this article, the provisions of Article l of this chapter
and of this article alone apply.
Sec. 35102. 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.
Sec. 35103. The boundaries of any city may be-altered and new territory
annexed to, and incorporated within, it pursuant to this article.
Sec. 35104. To qualify for annexation, new-territory shall be contiguous
to: (a) the city, or (b) contiguous territory where the electors have voted for
annexation to the city.
Sec. 35104.5. Real property belonging to a public agency may be annexed
pursuant to this article.
Sec. 35105. 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.
Sec. 35105.5. 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 a city may be annexed
.to a city pursuant to this article; provided, that if any portion of such terri-
tory 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
firs be obtained.
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For the .purposes of this section, the "road strip" is the- street, .highway
or road which connects territory, herein called the "proper.ty: to be -attnexed' ,
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 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 connects 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 -any boundary oU the "territory first annexed",
unless the portion of, the "territory first annexed" which constitutes the 1Toad
strip" of such territory 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 proposed to be annexed which con-
stitutes the "road strip01 of such other territory.
Sec. 35106. The consent of the city legislative body shall be obtained
before any proceedings are commenced pursuant to this article.
Sec. 35107. Subdivided 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.
Sec. 35108. 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 recommendation from the commission.
Sec. 35109. If, within forty (40) days from the date the matter is re-
ferred to the commission, the -report or recommendation is not filed with the
legislative body, it may act without such report or-
recommendations.-Sec. 35110. Territory 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.
Sec. 35111: . 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.
Sec. 35112. 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.
Sec. 35113. Within 15 days after such filing the legislative body may adopt.,
a resolution acknowledging receipt of the notice and approving the circulation of.
the petition.
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-Sec. 35114. r.Twenty-oneI.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 in
Section 35113.
Sec6 .35115:. ' 14hen.a petition for the annexation of- any new territory, con- .
taining..a sufficient number of valid signatures, has been- received by. its legis-
lative body:;° j.urisdiction over the. proceedings is acquired, and until annexation
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 otherwise- terminated:
. (a) . .No--other petition provided for in this division asking for the annex-
ation of any-of the territory described= in the filed petition. shall be filed,
presented to or actedupon by- the legislative bcdy of any other city..
(b) ..No other legislative body shall" consent to the circulation of 'a peti-
tion 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
(c) No notice of intention to circulate a petition for incorporat•!on of any
part of the territory.described in the filed petition shall be filed.
Sec. 35116'. 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 annex6d.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 required pursuant to Sect-ion-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 thereof. If the clerk's
certificate shows the petition -to-be. insufficient, the supplemental petition ..
bearing additional-signatures- maybe•filed within 10 days .of the .date of- the
certificate of insufficiency.': The clerk and the county officer having charge
of the registration of voter&-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.
Sec. 35117. The resolution shall describe specifically the boundaries of
the territory proposed 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.
Sec. 35118. A hearing shall be held not less than fifteen nor more than
forty days after the passage- of 'the resolution.
Sec. 35119. The city clerk shall cause a copy of the resolution to be .
. published pursuant to Section 6066 in a newspaper of general circulation pub-
lished in the territory proposed to be annexed, or, if there is none, in a
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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 the territcry 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:
Sec. 35120. At any time not later than the -hour set for hearing objections
to the election, any owner of property within the territory may make a written
protest against the annexation. If: at the:.time set. for hearing objections-ao
the annexation; protests have been filed which. are insufficient- to terminate
further proceedings; the meeting shall be. recessed for a period-of- not less than
10 days and supplemental protests may be filed within such period and until the
hour set for reconvening the hearing. - 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-equal-
ized 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, or the person or persons
entitled to be shown as owner,"on the current assessment -roll- who shall be:deemed
the 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 bel 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 be-
half of. .a private corporation which is- an owner of property�b.y any officer or
employee of the corporation-without .written authorization by the corporation to
act as agent or make such protest. -
If protests-are -made by .petition, the .petition shall contain the same in-
formation 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 -affiarit circulated ..that particular paper,, saw
written the signature appended. thereto; that .he resides at----------; and that
according to the best information and belief of affiant.:
(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 prop- - .
erty within- the territory.
The city -shall, on requeste and without charge, provide forms of protest
petitions and the affidavit required by this section. to owners of property ,
within the territory.
Sec. 35121. 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: '
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.(a)' .If.- privately owned property and-no publicly owned property is. proposed
to be annexed, further- proceedings. shall not be:-taken if protest is made by pri=
vate .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 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-
suant to subdivision (a) of. this section. The value given publicly owned prop-
erty! 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) 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..
• (a) 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 assessor by the protestant and submitted to the legislative
body with the. written protest.
Sec: 35121.1. The city legislative --body shall-find and declare by resolution
adopted at the 'hearing or within 30.days after the° closing of the hearing on pro-
tests 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- 'shallbe taken for one year after the date of the.
adoption of the resolution except upon the petition or- consent of all property
owners of the territory proposed- to 'be annexed.
Sec. 35121.5. If the city legislative body finds by resolution adopted pur-
suant to -Section 35121.1 that a majority protest has not been made in accordance
with Section 35121 and if itelects 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.
Sec. 35121.6. If the legislative body of' the. city makes-:any .changes in the : .
boundaries in accordance with the provisions of Section 35121.5, it. shall.:resub
mit the boundaries as changed to the local agency formation commission pursuant
to Government Code Section 54799.1 for reconsideration.
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Sec. 35122. If Jt finds.-by resolution adopted pursuant tor 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 whetheri.t •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 -pro-
test 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`'assess-
ment rolls, or that the number of.qualified electors of the- territory -equals- one-
half, or more, of the number of.-qualified electors within..the. ci.ty;_.as shown• by:
the county registration .of voters, then. the city legislative body shall also'
calla 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 .prcceedings 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.
Sec. 35123. 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 newspaper 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.
` -- 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 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.
Sec. 35124. 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 proposed to be,.anne.xed. (d) Designate-the - .
name,-by-which the .territory, may be indicated upon the election ballots, which
shall be that given �it in the resolution_.of •intention to call a special. elec
tion. (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 completed.
Sec.. 35124.1.. -Within five days :after a special election is called pursuant..
to Section 35122- the city legislative:body which has -called,-the'election' shall. -
transmit,. by registered-,mail, a written notification of-the- election call to the
executive officer. of the .local agency Jormation- commission of the county in which-
the city is `located. Such written notice shall include:.the name of the. .annexing-
city and a description of the boundaries of the territory proposed .to be. annexed.
Written notice required by this section may be made in the form of a certified
copy of the resolution. adopted by the city.. legislative.b.ody calling Xbr the annex-
ation election.
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The executive officer, within five days after being notified that an annex-
ation election has been called pursuant to Section 35122, shall submit to the .
commission, for its approval or..modification, an impartial analysis of the- pro
posed annexation.
The impartial analysis shall not exceed 500 words in length and shall include
a specific, de. scription of the boundaries of. the territory proposed to be annexed.
The local agency formation, within five days after the receipt of .the execu-
tive officer's, analysis, shall. approve or modify the analysis and submit it to
the city clerk. (Added by Stats. 1970. cli. 736.)
* Sec. 35124.2. The city legislative body or any member or members of the
legislative body authorized by the legislative body, or any individual voter or
bona fide association. of citizens entitled to vote on the annexation proposition,
or any combination of such voters and association of citizens -may file a written
argument for or a. written..argument against .the proposed annexation.
Arguments shall not exceed 300 words in length and shall be filed with the
city clerk not less-than 54.-days.prior to the-date 'of the election.- (Added by
Stats: 1970, . ch. 736.),
* Sec. 35124.3. If more than one argument for or more 'tham one argument
against the proposed annexation is filed with the city clerk within the time
prescribed in Section 35124.2, the city clerk shall select one of the arguments
for printing and distribution to the voters.
In selecting the arguments, the city clerk shall give preference and pri
ority in the order named to the arguments of the following:
(a) The city legislative body or,any.member or members of the body author-
ized by the body.
(b) Individual voters or bona fide association of citizens or a combination
of voters and associations. (Added.by Stats.- 1970 •ch....736.)_
* • Sec. .35124.4. The city clerk_ shall.cause a .ballot-pamphlet concerning the
annexation-proposition to be printed and mailedsto each voter entitled .to voter
on: the. annexation question..
The ballot pamphlet shall contain the following in the order prescribed: .
, (a) The complete text of the proposition-to be voted on.
(b) The impartial analysis of the proposition prepared by the local agency
formation commission.
(c) The argument for the.proposed annexation.
(d) The argument against the proposed annexation.
The city clerk shall mail a ballot pamphlet to each voter entitled to vote
in the annexation election at least 10 days prior to :the date of the election.
Such a ballot pamphlet is "official matter" within the meaning of Section 10012
of the Elections Code. . (Added_ by .Stats. 1970 ch. .736.)
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i
Sec. 35126:.. The .legislative 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.
Sec. 35127. The legislative body shall appoint two clerks, one fudge and
one inspector for each- voting place, as officers ofthe election. Each officer
shall be a qualified.voter =of the voting precinct in which he "is appointed to.
act.
- Sec. 35128. 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.
Sec. . 35129. 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.
Sec. 35130. Except as otherwise provided, .the ballots Used, the opening-
and closing of the polls, and the conduct of the election in the territory shall -
conform as nearly as possible with the Elections Code provisions governing munic-
ipal elections in general law cities. .
. Seca 35131. . 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 deliver them with the returns
to the clerk of the- city legislative. body..
Sec. 35132. At its next regular meeting held at least three days after the
election, the city legislative body shall canvass the returns. The 'canvass shall
be completed at the meeting, if practicable, or as soon as possible, avoiding
adjournments.
Sec. 35133. 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• territory proposed to be annexed and in the
election within the annexing city, separately, if the election within the city-is
required to be held as provided in Section 35122 of this code.
Sec. 35134. 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;
Sec. 35135. 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.
Sec. 35136. If the legislative body failed to approve the annexation, 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.
Sec. 35137. 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
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whether each ,body of new, territory shall be -annexed to. and -incorpora.ted,within.:.
the city, as separate .propositions.,. each-.to .be voted upon without regard to 'the
other. .-
Sec.. 35138. When the ,question of. annexation: of. two or more bodies.of new
territory is submitted at any. municipal election, the notice of the election
shall state,. as- separate propositions-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.
Sec.. 35139.. 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.
Sec. 35140. 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.
Sec. 35141. Where the question of annexation of two or more territories
has been submitted at a municipal. election, 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:
Sec.. 35142..: If: the 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 elec-
tions, the time and the result of the canvasses, and a description of the
territory. .
Sec. 35143. Where the question of annexation of two or more territories
has been. .submitte.d 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 territory which. is not effective .pursuant
to this .article.
Sec. 35144. If annexation was approved by ordinance:,..a certified copy of
the ordinance, giving the date of its passage, shall be substituted for the
copy of, the record of the canvasses.
Sec. 35145, . 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.
.. ,:Sec:. 35146. From the date of. filing by the Secretary ,ofi: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
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I
occurs .first; except that for the purpose of compliance with Sections,:34080 and
54900 .of this tode,. and any action required• for the assessment and levy of prop-
erty 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 pursuant to
Section 34080, whichever occurs -later: = '
Sec. 35146.1. 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 assessment's.
Sec. 35147. When any city to which it is proposed to annex territory pur-
suant to this• article ,has incurred; or authorized -the incurring of, any bonded
indebtedness. for the acquisition,- construction, or completion-of any municipal
improvements, 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- tax.;-
payers, the petition presented to the city legislative body may contain a
request that the question submitted to the electors residing'in the territory
shall be, :whether the territory shall- be annexed, and the property 'iri the '
territory subjected to' taxation- after annexation equally with the`'property
within the city, to pay any specified portion of such bonded indebtedness
outstanding or authorized at the date -of the first publication of the notice-
of election or the petition presented to- the city legislative body may,'- eitfier
additionally or alternatively contain a request that the question submitted 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 annexa ' .
tion-to pay the amount of money fixed::•to .represent the value-to 'the territory
of municipal improvements already paid-for by- city taxpayers'. - '
Sec. 35148. If such a request, or requests, is made in the petition, iii
addition to the matters required by Section 35124, the notice of election shall:
(a) With respect to a request for assumption of bonded indebtedness: (1)
State.dis.tinctly the proposition to be-submitted. (2): Specify the improvement•-t
or improvements:-for which the.indebtedness was incurred or authorized. • (3)
State the amount or-amounts of such indebtedness outstanding 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 pay-
able, or .to be payable 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 sub-
mitted*.* (2) State the amount of money fixed to represent the--value-Fto-the
territory 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=a6 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 taxation of .
property in the territory. = -
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Sece 35149;. In. all other particulars,' the anneration'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.
Sec.- 35150.` 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:
Sec.` 35152. 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.
Sec. 35153.—Where territory is annexed to a city divided into wards, or
-to a city which later divides itself into wards, the legislative body, by ordi-
nance, 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 #cards 'out of the annexed territory. ' The number of wards shall not
be increased to exceed the number which the city is allowed-by law.
Sec. 35154. 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.
Sec. 35155. Any proceeding held pursuant 'to this article does not alter
or affect the boundaries of any senatorial or assembly district.
Sec. 35156-. 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 Improvement 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, widening,
extending or change of grade of streets or other public places. Such- proceed-
ings ghall becontinued by the county initiating them as if' the territory
affected were not annexed.
Sec. 35157. All proper expenses of proceedings for annexation of territory
pursuant tothis article, whether such proceedings are completed or not, shall'
be- paid by the city annexing or attempting to annex-the territory.
Sec. 35158. 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` Contiauous- School District
Sec. 35200. Contiguous territory owned by-a city may be annexed to and
incorporated within it, pursuant to this article.
Sec. 35201'. Contiguous uninhabited 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 property are com-
menced, the school district shall file with the city legislative body a verified
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petition describing the territory, alleging facts qualifying it for. annexation
pursuant to this.section, .and requesting that.•it be annexed.
Sec. 35201.5. Pursuant to this article, a city may annex noncontiguous
territory not .exceeding 100 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 completion 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 annexing. city. may not
annex any territory not owned by it and not contiguous to it although such terri-
tory 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 section may-annex pursuant to. this
article additional territory which is owned by the State of California and which
is contiguous 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 annexed territory or one or more registered voters reside
thereon, the subsequently annexed territory ceases to, be part, of the-_city.
If territory annexed to a city pursuant to this section becomes contiguous
to such city, the limitations imposed by this-section shall terminate,.
Sec. 35203. 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- re-
questing its annexation- to the,-;city.
Sec. 35203.5.- ..Pursuant, to this article..a city may annex uninhabited noncon-
tiguous territory owned by it for municipal purposes which- lies within-the:bound-
aries of, and is part of the incorporated territory of, another city situated in
the same:county.as the. annexing: city; provided, however-, .that the maximum amount
of.* tetritory so annexed in.-any one proceeding.shall not exceed 100 acres in area.
Such uninhabited territory may be.-annexed:in a single- proceeding notwithstanding
that it consists of more than one parcel of land, and notwithstanding that the
parcels, if there are more than one, are•not_contiguous_ to each other.
Proceedings shall-be_commenced. in• the manner specified in Section 35203-..
except that prior to commencement- of .the proceedings, the legislative body_.of
the city in which the territory to be annexed lies shall, by a four-fifths vote,
approve the transfer of the property to be annexed to the annexing city, and the
record of such vote shall .be .transmitted to the board of supervisors together
with the petition of the annexing city. A taxpayer in either city may object
in the manner specified -in Section- 35205.
Sec. 35204. 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.no.tice shall contain a general.
description of the land sought to be annexed, and announce the time and place
objections will be heard..
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Sec. 35205. Any taxpayer in the county or city may object, to the .annexation
by filing a written protest with the -board of supervisors.
Sec. 35206. . 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.
Sec. 35207. 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.
- Sec,. 35208. If the board of supervisors approves 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.
Sec. 35209. The documents shall be filed by the Secretary of State and the
clerk of the board of- supervisors.
Sec. 35210. 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.
Sec. 35211. 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.
Sec. 35212. Where territory is. annexed to. a city divided into wards,. or. to
a city which later divides itself into wards, by ordinance the city legislative
body shall alter the boundaries of the 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 ex-
ceed the number which the city is allowed by law.
- Sec. 35213. Any proceeding .held pursuant to this article does not alter or
affect .the boundaries of any senatorial or assembly district.
Article 4. Territory of an Adjacent City
Sec. 35250. Upon receipt of a petition for the alteration 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- altera-
tion, by a four-fifth vote of its .members.
Sec. 35251. If the proposed. alteration is approved,. by the legislative bodies
of both cities, the legislative body of the city from which the territory is pro-
posed 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 provisions relating
to municipal elections.
Sec. 35251.5. It shall. not.be necessary .to obtain the approval of the bound-
ary alteration by the legislative body. of the city from which the territory would
be excluded when the territory is: (a) Within a single block, (b) Zoned for
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-single -family residential use, and- (c) The boundary line between the two cities
runs through each of the residences located upon the territory to be excluded.-
If the boundary of two school districts is the same as that of the cities,
the transfer made under this article pursuant to. this section shall also change
the boundary of the school district so as to be identical with the new boundary
of the cities.
Sec.' 35252. The legislative body shall give notice of the election by pub-
lication 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 proposed to be altered. (c) Designate the territory by some approp
riate name by which it.may be referred to upon the ballots. (d) Instruct the
electors how to vote on the proposition.
* Sec. 35252.1. Within five days after a special election is called pursuant
to Section 35251, the legislative body of the city from which territory is pro-
posed to be excluded, shall transmit, by registered mail, a written notification
of the election call to the executive officer of the local agency formation com-
mission of the county in which city proposing- to exclude territory is located.
Such written notice shall include the names of both the city proposing to exclude
the territory and the city proposing to annex the territory. Written notice re-
quired by this section may be made in the form of a certified copy of the reso-
lution adopted by the city legislative body calling the election.
The executive officer, within five days after being notified that an election
has been called pursuant' to Section 35251, shall submit. to.the commission, for its
approval or-modification, an' impartial analysis.of'the proposed transfer of terri-
tory:.
The impartial analysis shall not exceed. 500 words in length and shall include
a specific description of the boundaries of the territory proposed to be altered.
The local agency formation commission shall, within five days after the
receipt of the executive officer's analysis- approve or modify the analysis and
submit it to the city clerk of the city from which the territory is proposed to
be excluded. (Added by Stats. 1970 ch. 736.)
* Sec. 35252.2. The city legislative body of either the city from which the
territory is proposed to be excluded, or the city to*which the territory is pro-
posed to be annexed, or any member or members of such legislative bodies auth
. orized. by the legislative bodies, or any individual voter or bona fide association
of citizens entitled to vote on the proposed boundary alteration, orIany combina
tion of such voters and association of citizens, may file a written argument for
or a written argument against the proposed boundary alteration.
Arguments shall not''exceed 300 words in length and shall be filed with the
city clerk of the city frpm which the territory is proposed to be excluded not
less than 54 days. prior to the date of the election. (Added by Stats. 1970 ch.
736.)
Sec. 35252.3. If more than one argument for or more than one argument
against the proposed boundary alteration is submitted to the city clerk within
the' time. prescribed in Section 35252.2, the city clerk shall select one of the -
argumentsJor printing and distribution to the voter's..
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In. selecting. the:arguments, the city clerk shall: give-.preference; and.priority
is the-order-named.-to.-the arguments. of the following:-
(a)-,. Either-city legislative body or any. member. or members thereof authorized
by the appropriate legislative body.
(b) .Individual voters or bona .fide 'association of::voters or a':combination of
such voters-and .associations.. (Added .by. Stats._1970 chi 736:)
Sec; 35252..4. :* The city:clerk::of the.-city-.from which- the territory isr.proposed
to be excluded shall cause a ballot pamphlet concerning the proposed- boundary.:alter-
ation..to:be.:voted on to be printed and mailed to each:voter entitled• to vote..on the
alteration question:
The! ballot pamphlet shall contain the- following' in the order -prescribed: . -
(a) The complete text of the proposition to be voted on.
(b) The impartial analysis of the proposition prepared .by :the local agency
formation commission.
(c) ;'=The argument-for the proposed boundary .alteration..
(d) The argument against the proposed boundary alteration. .
The city clerk shall-mail ,the ballot-pamphlet -to each voter entitled -to,vote
in the boundary alteration election at least 10 days. prior to:the date of-the elec-
tion. Such a ballot pamphlet is "official. matter" within the meaning of Section
1001-2 of the Elections Code:- :(Added by:Stats. 1970 ch. 736.)
Sec. 35253. 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)?".
Sec. 35254. If a majority of the votes cast in the territory is .against .ex-
clusion, 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.
Sec. 35255. If a majority of votes cast in the territory is for exclusion,
by an order entered upon its minutes, the legislative body .shall cause Ats clerk
to� tr8nsmit to the 'S.ecretary of 'State a certified abstract- of the vo.te.. showing
the number of electors voting and the number of votes cast for and against ex-
clusion.
Seca 35256. . :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'.
Sec. 35257. The clerk of the legislative body conducting the election shall
file the affidavit of`completion.
Sec 35258- From the date bf filing such documents, the alteration of terri-
tory is complete,-and'- the territory ceases to:be,a-part of the city from which it
was excluded.
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I
Sec. 35259. :- This- article. does-, not relieve any part- of-: the territory .from
liability for the debts contracted:by the city prior-to:the exc-lusion". _From time
to time, the excluding city shall levy and collect from the excluded territory
its just proportion of liability #or -anypoyment on the• principal-•and interest
of such debts. _
35260..: When-1-any- city to,which itsis. proposed-to annex:-territory has
incurred, or authorized the incurring=of,=any: bonded indebtedness for: the:-acqui-
sition, construction, or completion of any municipal improvements, the petition
presented-,to -the -legislative bodies.-may contairi: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..the -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.
ArticU.4.5. Transferrof •Territory From-One -City 1
to a Contiguous City
Sec. 35270. This article -provides- an alternative procedure for• the .transfer
of territory from one city to a contiguous city in the same county.
Sec. 35271. Proceedings to transfer territory from one city to a contiguous
city-Are initiated .by filing 'with .the board of supervisors of-the: county in which
the cities are situated either.
a. A petition signed by `not less than 25:percent- of the'registered'electors
residing in the territory to be transferred if the territory is inhabited, . or
b. A .petition signed by owners of:not:less -than.•one-fourth-.of the:land in
the territory by. area, and.by :ass.es%ed,-value :as ,shown.:on. the last equalized
assessment roll of the county in which the territory is situated if the terri-
-tory •is uninhabited; or ; "-
c. A resolution of-the legislative body of the .city in:which the. territory
is situated.
There -shall be.;filed with the petition a• resolution-of ..consent to the trans-
fer-adopted.by the legislative body of the city in•which• the...territory is- situated.
In every case there shall be filed with the petition or resolution a_-,rssolu-
tion of consent to the transfer adopted by the legislative body of the city to
which it -.is proposed to transfer the .territory. The petition or resolution shall
contain a description of 'the territory :proposed :to be ,transferred, .the name-.of
the city in which the territory .is presently included and-the name.-of- the -city .,,-
to which it is proposed that the territory will be annexed.
Sec. 35271.5. It shall not be necessary to obtain a-resolution-:of consent .
to the transfer adopted by the legislative body of the city in which the territory
.is ,situated .or the approval.of such:tcity -under Section 35273 .when the. territory
to be transferred is (a) Within._a: single.block, (b) Zoned for single family
residential use, and (c) The boundary line between the two cities runs through
each of the residences located upon the territory to be excluded.
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If the ..boundary of two school districts is .the same as. that of the cities,
the ,transfer._made__under this ar-ticle pursuant 'to this section shall also change .
the boundary.o-f :the- school districts so:.as to be identical with the- new-boundary
of the cities._-
Sec;. -35272. The clerk_of the board- of supervisors -shall, without delay;-
,,cause notice.-of. the- proposed transfer -to .be. published in each of the affected
cities pursuant to Section 6061. The notice shall contain a general description
of the territory to be transferred, the city in which the territory is presently
situated and the..city •to which it. is proposed to be annexed, .and .announce the
time and place written protests will be heard which shall•be- not :less than>:40 nor
more than 60 days after the date of the first publication. The clerk shall mail
a-.copy of.:such :notice to the _legislative body of. the city from which territory is
proposed .-to- be transferred .and to the -legislative body of the.city to.which• the
territory is proposed--to be: annexed at-least .30 days prior to the .date: set for
hearing.
.: :Sec. 352.73. After hearing .all persons -interested- in the proposal-, the-board
of supervisors shall, grant or .deny- the request.bye resolution or;. if, the territory
is inhabited, it may require an election to be held on the question. If the board
grants-the;request;:it shall-determine:whether all or only a•part-.of- the'-territory
shall be-transferred. If the board-desires to change: the boundaries;'ofz the terri-
tory-_to:be.transferred, it shall first. secure-.the-approval.of the -local'-agency
formation commission pursuant to Section 54799.-1 and the cities affected by •the
proposed transfer. If the board requires an election to be held, it shall be held
only: in the-territory-.proposed-to'be transferred,.except :that it shall: be held in
the entire city from.which the territory will be transferred- if more than 25 per.
cent:of.,the assessed-valuation .of such city .is located, in' such territory..-_
Sec. 35274. At any time prior to final adjourriment•of the hearing, -any owner
of property within the territory may file written protest against the transfer.
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 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 td `buy: shall
be deemed the owner. 1 Protests may be made, on :behalf.of-:the owner .by-�an agent auth- .
orized 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 corporatiori'.which is an 6TMer.-of-
property by any officer or employee of the corporation without written authoriza-
tion-by- the -corporation to act- as''agent-or'inake- such'protest.
-Sec. '35275. -At the time set=for ,the-hearing; the board .of..supervisors shall
hear -and pass upon all protests"so made:
-(a) If privately::owned property -and no publicly-. owned• property: is proposed
to be transferred, 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 .trans- .
ferred. ' -.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.
H.-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 a6sess..such•.prop-
erty if-it were not exempt from taxation.
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(b) If privately owned propertyand •publicly owned property are proposed to
be transferred 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 pursuant
to subdivision (a) of this section. The value given publicly owned property .for
protest purposes shall be determined by the county assessor ifi the same mariner 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 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' ownedIproperty,' or privately owned
property exempt from taxation by-the county assessor- for protest purposes- shall
be obtained from the assessor by.the protestant"-and submitted to the board of
supervisors with the written protest.
Sec. .35276. The board oftsupervisors shall find and declare by resolution
adopted at the hearing or within 30 days after-.the closing of the hearing.whether
or not a majority protes.t.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 resolu-
tion 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 transfer of any-of the
same .territory to the city shall be taken -for one-.year after the date of the
adoption•of :the resolution except .upon;.the petition or.- consent of all property
owners of%the territory-proposed-to-be -transferred.
Sec. 35277. - .If an election is required, -the legislative. body of the -.city
from which the territory is proposed to be- transferred shall submit the question.
. as 'specified in the .resolution of the -board of supervisors to the electors at -a.
special -election to held-,for that purpose. The election shall be held pur=
suant to the Elections Code. provisions relating to municipal elections and Sec
tions 35252 through 35257 of-the Government Code shall be. followed. ..
* Sec. 35277.1. Within.;five days;,after a- special.-election. is called -pursuant
to Section 35277, the legislative body of the city from which territory is pro-
posed to .be. transferred shall transmit by- registered mail,.. a written notification
of the election call to the executive officer. of. the:local agency formation: com-.
mission of the county in which the cities are located. Such written notice shall
include the names of both .the•city. from which the-territory is proposed to .be
transferred and the city to which the territory is proposed to be transferred.
Written notice required.by.this section may be made in the form of a certified :..
copy--of the resolution adopted by- the city legislative body calling the election.
:The- executive officer, within five days after being.notified that an election
has .been called pursuant.'to Section 35277, shall.- submit to the-commission, - for. its
approval or modification, an impartial analysis of the proposed transfer of -terri-
tory.
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The impartial analysis shall not exceed. 500 words in length and shall include
. a.specific description of the boundaries of the territory proposed to be trans-
ferred.
..The local agency formation commission shall, within five days after the
receipt of the executive officer's analysis, approve or modify the analysis and
submit it to the city clerk of the city from which the territory is proposed to
be transferred. (Added-by,'State. .1970 ch •736.)
Sec. 35277.2. The city legislative body of -either the city from which the
territory is proposed to be transferred or. the city to which the territory is
proposed to,-be transferred or .any member or members of such legislative bodies
authorized by the appropriate legislative body,- or any individual voter or"•bona
fide association of citizens entitled to vote on the proposed territory transfer,
or any combination of such voters and association of citizens may file a written
argument for or a written argument against the proposed transfer.
Arguments shall not exceed 300 words in length and shall be filed with the
city- clerk of the city from which the territory is proposed to be transferred
not less than 54 days prior to the election. (Added by Stats. 1970 ch. 736.)
Sec. 35277.3. . If more than- one argument for or more. than one argument
against the proposed transfer of territory is submitted to the city clerk within
the time prescribed in Section 35277.2, the city clerk shall select one of the
arguments for printing and distribution to the voters.
In selecting the argument the city clerk shall give preference and priority
in the order named to -the-,,arguments in the following:
(a) Either city legislative body or any member or members thereof authorized
by the appropriate body.
(b) Individual voters or bona fide association of- citizens or a combination
of such voters or associations. (Added by Stats. 1970 ch. 736.)
Sec. 35277.4. The city clerk of the city from which the territory- proposed
to be transferred shall cause a ballot pamphlet concerning the transfer of terri-
tory proposition to be voted on to be. printed and mailed to each voter entitled
to vote on the transfer of territory question.
The ballot pamphlets shall contain the following in the order prescribed:
(a) The complete text of the proposition' to be voted on.
(b) The impartial analysis of the proposition prepared by the local agency
formation commission.
(c) The argument for the proposed transfer of _territory.
(d) The-argument against the proposed transfer of territory.
The city clerk of the city from which the territory is proposed to be trans-
ferred shall mail the sample.ballot to -each. voter entitled to vote- in' the pro-
posed territory transfer election at least :10 days prior to the,- day of the election.
Such a ballot pamphlet is -"official matter" within the-meaning of Section .10012 of
the Elections Code... --(Added.by Stats. 1970.ch.. 736.)
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Sec. 352780: - If-the board of..supervisors grants the request.. to transfer the
territory without election, the clerk of the board shall enter upon the minutes,
certify and transmit to the Secretary of State and to the legislative bodies of
the cities affected copies of the resolution approving the transfer. The clerk
shall also file..the- affidavit ofcompletion- and statement of- boundary.change
required by Sections 34080 and 54900.
Sec. 35279. The board of supervisors may fix-the date the transferred terri-
tory is a part of the city in its resolution approving, either with or without
election, the transfer,.. The 'date shall not.be 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 tax, the- territory shall .be-deemed a part
of the city from the.--date of filing �by the Secretary of -State. U no date is
fixed by the board of-supervisors,-..the territory is a part -of the :city for all:.
purposes from the date of filing by the Secretary of State.
Sec. 35280.i This. article .does not relieve any part of the territory.from
liability. for the debts contracted by the city prior to the: transfer .to -the' con-
tiguous city. The city from which the territory is transferred shall levy and
collect .from the transferred territory its- proportion of liability .for any pay-
ment on the. principal and interest of -such debts.
Article 5. Annexation of Uninhabited Territory Act of 1939
Sec. 35300. This article.may be cited- as. -the Annexation .of- Uninhabited
Territory Act of 1939.
Sec. 35301. 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.
I
Sec. 35302. The boundaries of a city may be altered and contiguous uninhab-
ited-territory annexed ,to, and incorporated within.it,. pursuant to this- article.
Sec. 35302.5. Real property belonging to .a public agency may be annexed-
pursuant to this article.
Sec: 35303..,. .For 'purp .ses of this 'article- territory- shall be deemed unin-
habited if less than 12 persons who have been registered to vote within the
territory for at least 54-.days. reside within- the:ter.ritory at the -time- of the
filing of the petition for annexation or the institution of proceedings on motion
of the city .legislative-body...
Sec. 35304. 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.
Sec. .35304:5. . Notwithstanding the provisions of:-Section 35002.5, territory
consisting..of.property abutting on a.'street, highway, or road and such- street,
highway,. or .roa& to the--extent that.-it -abuts sucY property. together with any
street, highway, or road which connects• such• territory. to{the city may be annexed
-24-
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 annex-
ation 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' "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 dis-
tance measured by the "road strip" is more than one-half mile from the point at
which such 1°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 "terri-
tory 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, highway, or road which
connects 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 constitutes the "road strip" of such territory 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.
Sec. 35305. Upon receiving a written petition requesting annexation, contain-
ing a description of the territory sought to be 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.
Sec. 35306. 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 annex-
atiom_-made by any person owning real property within the territory. 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.
Sec. 35307. The hearing shall be set not less than 40 nor more than 60 days
after the passage of the resolution_: .
Sec. 35310. The legislative body of a city may initiate proceedings to annex
the territory on its own motion without requiring a petition. 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.
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Sec. 35310.1:. 'If :the petition is signed or consent has been filed by the owner
of all of the land- in the territory proposed to be.annexed, the resolution .
giving notice shall- declare such fact. No written protests may .be filed against
the annexation by persons.owning property in the territory- proposed to beannexed.
The hearing shall be set not more than 30 days after the passage. 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 newspaper of general circulation
published in the city. Publications shall be complete at least four days prior ,
to the date set for the hearing. If there is no such newspaper published within
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 annexed.
At the hearing on the annexation, the city legislative body shall hear pro-
tests 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 annexed 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
annexation.
A reso.lution .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; 35.313, 35313..2, 35313.5 and 35314 .do not
apply to annexation proceedings under this section.
Sec. 35311.. 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 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 proposed .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 peti-
tion of the owner .or owners .of 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 assess-
ment .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.
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(b) In the event any lard 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 super-
visors 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 written 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 notices 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 notices 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- annex-
ation in writing with the legislative body.-
Sec. 35312.. At anytime 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 description of the -prcperty. 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.r.oll. As used in this article,
"owner" means the owner as .shown on. the last equalized assessment roll, except
that the person entitled to he 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 on,.behalf .of the owner by an agent auth- .
orized 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.
Sec. 35313. 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 pro-
tests so made:
(a) If privately owned property and.no publicly owned property 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 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 pro-
test 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.
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(d) The value for protest .purposes to be given property held in joint tenancy
or. tenancy- in common shall be determine- d -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 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 purpose shall
be obtained from the assessor by the protestant and submitted to the legislative
body with the written protest., -
Sec.-.35313.1. When territory proposed to be annexed •consists 'wholly or
partly of tide or submerged lands owned by the state, the legislative body shall
determine the value of such tide or submerged lands for the purpos es. 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 determination. - The costs incurred by the
State Lands Commission in -connection with making such determination shall be paid
by the city. 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 refusee' to accept such valuation, it shall bring an action for declaratory
relief, to which the State Lands Commission shall be a party, for as determination
of the.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. ,
The provisions of this section shall not apply to any proceedings for the
annexation of territory commenced prior to June 1, 1957.
Sec. 35313.2. The city legislative body shall find and declare by resolution
adopted at the hearing or within 30 days after the closing of the--hearing on pro-
tests 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 except upon .the- petition .or consent- of all. property
owners of the territory proposed totbe annexed-.
Sec. 35313.5. 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 annexed as it finds
proper, but it shall not •include any territory- outside of the boundaries- de-
scribedbin 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.
Sec. 35313.6. 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 local agency formation commission
pursuant to Government 'Code' Section -54799.1• for reconsideration.
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Sec. 35314... . If the city legislative.body finds by resolution adopted pursu-
ant. to Sectien*, 35313.2 that a majority protest has not been made, the legislative
body shall approve or disapprove the annexation, 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 annexation.
Sec.,,35315. 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 for 12 months after
the date of the adoption of the ordinance.
* Sec,. 35316. . When an ordinance passed-. pursuant to Section .35314 or resolution
adopted pursuant to Section 35310.1 approving annexation becomes effective, the
clerk of the legislative body shall immediately prepare under seal a certified
copy of the ordinance or resolution,-.giving the date of its passage; and transmit
it to the Secretary of State. (Amended bylStats. 1970. ch. 119'.)
* Sec. 35317. Upon receipt -of the certified copy of the ordinance passed pur-
suant to Section 35314 .or resolution adopted pursuant to Section 35310.1, 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. (.Amended by Stats. 1970 ch: 119.) .
Sec. 35318. 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 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 3530.6, 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.
Sec. 35318.1. As an alternative to-any procedure prescribed. by-law for the
division of .taxes. of assessments collected in• a. special district lying partially
or wholly in territory annexed..by`an incorporated- city,-..the' eity 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.
Sec. 35319. Property within the 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. 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 legis
lative-body prior to the adoption of :the ordinance approving. annexation. -
Sec. 35320. When a city annexes territory formerly included in .another 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.
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Sec. 35321.. All-proper expenses of proceedings for annexation pursuant to
this article shall be-paid 'by the city annexing or attempting to annex 'the terri-
tory.
Sec. 35322. . 14bere 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 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 thecity. is allowed by law.
Sec. 35323. 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.
Sec. 35324. Any proceeding_ held pursuant to this article does�not alter 'or
affect the boundaries of any senatorial or assembly district.
Sec. 35325. . 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 Improvement Act of 1919, or_ any act
relating to proceedings for the acquisition of ].ands 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 proceedings shall be continued by
the•county initiating them as if the territory -affected were not 'annexed.
Sec. 35326. 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 6: Annexation of Enclosed Territory Act of• 1963
Sec. 35400.. -.This-.article may be cited as the Annexation of Enclosed Territory
Act of 1963.
. Sec. 35401. 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. l, 196.3, constituted "enclosed territory" as defined in. Section
35405
Sec. 35402. The boundaries of the city may be altered and enclosed territory
annexed to and incorporated within it pursuant to this article;
. .Sec.; 35403. The provisions of-Sections 35002.3, 35002.5 and 35608 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.
Sec. 35404. Real.property•belonging to a public agency may be annexed pur-
suant to this article
Sec. 35405. "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
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are completely- surrounded.by.the. annexing city. . Enclosed territory may. be annexed
pursuant to -this article regardless of whether.- the enclosed territory, -proposed. to
be annexed, is inhabited. territory or uninhabited territory.within the-meaning of
this chapter.
Sec. 35406. Proceedingsefor the annexation of territory may be initiated_by
the. ci.ty council on its .own motion or upon the request .of one- or-more property
owners within the enclosed territory.
Sec, 35407. Upon receiving a written petition -requesting annexation, con--
taining a description 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 .norice of_ the proposed annexation.'
Sec. 35408. The legislative body•of ..a city may .initiate proceedings -to;-
annex,-the territory on=its own motion without requiring a petition.. . 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.
Sec. 35409. 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 resolution, the legislative body.may set a date when, pursuant to Section
35318, the annexation will become effective if such annexation is completed.
Sec. 35410. - The hearing shall be set not less than 40 nor more than 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 proceed as set forth in Section 35416.
Sec. 35411.-.:• The. city clerk of the annexing city..shall cause a, copy of the
resolution to -be -published at least .:twice, bur-not oftener• than.-once a week, in
a newspaper of. general •.circulation published 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 .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, address, or mailing 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 a written notice of such proposed annexation to -be mailed to the board
of supervisors of such county.
The notices referred to in subsections .(a). and (b Y shall be given not less
than 20 days before the first public hearing -on the -proposed annexation.
-31-
Sec. 35412?. At any time prior to final adjournment of the hearing on pro--
tests, --any owner- of property within the-territory inay- 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 description 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-de-
scribed. in a manner sufficient to identify it on the last equalized assessment
roll. As used in this article, "owner" means-the owner as sho<on'oni the last
equalized assessment roll, except that the person entitled to be shown as owner
on the current••asses6ment 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 authorized in writing.. -
by the owner to act as agent with respect to such land, except that protest may
be made or withdrawn on -betialf of a private corporation- which is an owner of
property by any officer -or employee of the corporation without written auth-
orization by the corporation to,act as agent' or make- such protest.
Sec. 35413. Protests may be filed by the owner of any property included
within the territory proposed to be annexed. 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".
Sec. 35414. The city legislative body shall find and declare by resolution
adopted at' a 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 loth day a reso
lution: that a maj-ority- protest has been made.
If a resolution is adopted or deemed adopted finding and declaring that a
protest is made -by the owners of real property within the territory proposed to
be annexed the assessed value of which, as shown by the last equalized assess-
ment roll, constitutes more -than one-half of the total assessed-. value of- the
real property within the territory proposed to be annexed, no further -proceed-
ings for the annexation of any of the same territory to the city shall betaken
for one year after the date of. the 'adoption of the resolution.
Sec. 35415. If the city legislative body finds by resolution adopted pursu-
ant •to Section' 35414 that a majority protest has not been made, the legislative
body shall approve -or• disapprove the- annexation 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 annexation.
-Sec. 35416. As ani°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 may, 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.
Sec. 35417. 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.
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Sec. 35418. Upon receipt of,..the certified copy of the ordinance, the .
.Secretary of State sha>ll:,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.; ;
Sec. 35419. 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 r.esolution.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 proper-
ty 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 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.
Sec. .35420. . All .proper expenses of proceedings -for annexation pursuant to
this article shall be paid by the city annexing or attempting to annex the terri-
tory.
Sec. 35421. Where 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 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..
Sec. .35422. 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.
Sec. 35423. 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
Sec. 35450. 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 portions thereof, bounded on both sides .by city boundaries, pur-
suant to the provisions of this article. The local agency formation commission .
shall not approve a proposal unless it determines that the highway to be annexed
is in a state of good repair.
Sec. 35451. 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 con-
tain a description or descriptions of the territory or territories proposed to
be annexed and indicate the city or cities to which it is proposed to be annexed
or to which its respective portions are to be annexed.
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Sec: 35452. The clerk of the board-of supervisors shall cause notice of the
proposed annexation to be published in the -county-.pursuant to Section 6061. The
notice shall contain a genneral 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 objections 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 -heating.
Sec. 35453. Any taxpayer of the county or of -any city to which it is pro-
posed that such territory be annexed, as well as any city whoseboundaries are
contiguous to the territory -or territories proposed to be annexed, may object by
filing a written protest with the board prior to the date set for the hearing.
Seca 35454. 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 supervisors upon the protest is final.
Sec. 35455. 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.
Sec. 35456. If the board of supervisors approves the annexation of the ter-
ritory or territories to the city or cities as proposed, the clerk of the board
shall enter upon its minutes,-certify, and transmit to the Secretary of State and
to the legislative body-or bodies of the annexing city or cities copies of the
resolution approving the- annexation and the date on-which it was passed.
Sec. 35457. 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.
Sec. 35458. The clerk of the board of supervisors shall file the affidavit
of completion and the statement of boundary change required by Chapter 8, Part 1,
Division 2, Title 5, of-this- code.
Article 8. Annexation of Territory Owned by the
Federal Government '
Sec. 35470. Contiguous territory, in the same county, not a part of any other
city, -owned by the federal -government or the State of California or an agency of .
either may be annexed to a-city pursuant to this article. (Amended by Stats. 1970
ch., 165.)
Sec. 35471. If the federal government or the State of California or agency
of either owning such territory consents to the annexation, the city .legialative
body may initiate proceedings for annexation in. the manner provided•by Section
35203. The annexation proceedings shall be conducted in the manner prescribed
in Section 35203 and 35210, inclusive, and all of 'the provisions of such sections
and of Section 35212 and 35213 shall apply to such proceedings and annexation.
(Amended.by Stats. 1970 ch. 165.) -
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. TITLE 5, DIVISION 1, PART 1, OF THE GOVERNMENT CODE
Chapter 1.
Article 8. City Boundaries
Sec. 50190. If the boundaries between cities or between a city and unincor-
porated territory are conflicting or� incorrectly described, or`if by reason of
the resubdivision of land, the change in property -lines or for other cause, the
location of the boundaries becomes indefinite or-- conflicts with the established
property lines, the boundaries may be corrected-or relocated to follow definite, .
established property lines pursuant to this article.
Sec. 50191. The corrected or relocated boundary lines shall conform as
nearly as practicable to the former boundaries.
Sec. 50192. Where boundary• lines •are corrected or relocated, the relocation
of the new lines shall be made in such a manner that the majority of the area of
the parcel or property affected determines the entity within whose boundaries the
parcel or property is or shall be located. The purpose of this article is to
authorize only minor corrections or relocations to be made, and no- corrections
or relocations shall be made hereunder which relocate within the boundaries of
another entity property in any parcel in excess of one acre in. area.
Sec. 50193. - The legislative body of any city the boundaries of which -are
incorrectly described, indefinite, or conflict with established property lines,
or the board of supervisors of the county in which any such city is located, may
file with the legislative body of any other affected city, or the county, a
written petition specifically describing the parcels of land affected. and the
proposed- location of the new boundary line and requesting consent to the cor-
rection or relocation of such boundaries.
Sec. 50194. Prior to being filed or acted upon petitions shall be submitted
to and reported upon 'by the local- agency formation commission of the county in
accordance with subsection (f) of Section 54790 prior -to being filed or acted'upon.
Sec. 50195. The legislative body or bodies with which such petitions are
filed shall by resolution either consent to or -disapprove each of- the corrections
or relocations proposed by the petition within 30 days after receipt 'thereof.-� A
certified copy of such resolution of consent or disapproval shall be forthwith
filed with the clerk of the petitioning legislative body.
Sec. 50196. The initiating legislative body may thereupon, by resolution,
correct, relocate or alter such boundaries to the extent to,which all affected
legislative bodies have consented. Such' resolution shall accurately describe the
corrected, relocated or altered boundaries. The enacting legislative body shall
cause its clerk to'tfan§mit a certified copy of such resolution to the Secretary
of State, to the board ,of supervisors =of the county in which the affected bound-
aries are situated, and to the legislative-bodies of all affected cities.
Sec. 50197. The Secretary of State shall file the resolution and transmit
certificates of the filing thereof to the clerks of the legislative bodies of
all affected cities and the board of supervisors in which the cities are situated.
Sec. 50198. The clerk of the legislative body initiating the proceedings
shall file the affidavit of completion and the statement of boundary change re-
quired by Chapter 8, Part 1, Division 2, Title 5, of this code.
-35-
Sec. 50199. From the date .of filing of the affidavit of completion, the cor-
rection or alteration of boundaries is complete and effective for all purposes.
Sec. 50200. If. property is excluded from any city or included in any city
pursuant .to this article, such property shall cease to be liable for .taxation
for the outstanding indebtedness of the city from which it was excluded and .
shall become liable to taxation--for the outstanding indebtedness of any other
city in which it is included.
CHAPTER 7. AGRICULTURAL LAND
(California Land Conservation Act of 1965)
Sec. 51243. . Every such contract shall:
(a) Provide for. the exclusion of uses other than .agricultural, and other .
than those compatible with agricultural uses, for the duration of the contract.
(b) Shall be binding upon, and inure to the benefit of, all successors in
interest of the owner. Whenever land under a contract is divided, the .owner of
any parcel may exercise, independent of any other owner of a portion of the
divided land, any of the..rights of the owner in the ,original contract; including
the right to give notice -of nonrenewal and to petition ..for cancellation. The
effect -of any such 'action' by the owner of a parcel created by the division of
land under .contract shall not be imputed to the owners of the remaining parcels
and shall have no effect on the contract as it. applies to the remaining parcels
of the divided land. On the annexation by a city of any land under contract with
a county, the city shall succeed to all rights, duties and powers of the county
under' such- contract, unless the land .being annexed was within one mile of. such
city at the. time that the contract was initially executed, the city protested
the execution of the contract pursuant to Section 51243.5 and the city states
its intent not to succeed in its resolution of intention to annex.,. If the city
does not. exercise' its option to. succeed,. the contract becomes null and _void as
to the land actually; being annexed on the date of annexation. In the. event that
only part of the land under contract was within one mile of .the city the option
of the city shall extend only to .such part.
Sec: .51243.5. The clerk of the board of supervisors shall give written
notice to any city within the county of its intention to consider a contract
which includes land within one mile of the exterior boundaries of that city.
Such notice shall be given at least 30 days prior to the time the board of
supervisors intends to consider the execution of such a contract. If such city
files with the county a resolution protesting the execution of a contract which
includes land within one mile of .the exterior. boundaries. of the city, and the.
board of supervisors executes such a contract, the city shall have the option
provided for in subdivision .(b) of. Section 51243 of not succeeding. to the con-
tract upon annexation of the land to the city.
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i
TITLE 5, DIVISION 2; PART 1, OF THE GOVERNMENT CODE--
CHAPTER 6.6. LOCAL AGENCY FORMATION COMMISSION
Article 1. General
.. .Sec. 54773. This chapter shall be known -and may be cited as the Knox-Nisbet
Act.
Sec. 54774. Among the purposes of a local agency formation commission are
the discouragement of, urban sprawl and the encouragement of the orderly formation
and development of local governmental agencies based upon J1ocal conditions and
circumstances. One of the objects of the local agency formation commission is to
make studies and to- obtain and furnish information which will contribute to� the
logical and reasonable development of local governments in each county and to
shape the development of local government agencies so as to advantageously pro-
vide for the present and future needs of each county and its communities.
In addition to its other powers the local agency formation commission may
initiate and make studies of-existing governmental agencies. Such studies may
include but shall not be limited to inventorying such agencies and determining
their maximum service area and service_.capacities. If such studies are made, the
commission may ask for land use information, studies, and plans of c_Lties, `counties,
and districts. .. Cities, counties, and districts stall comply with the request of
the commission for such information and the -commission shall make its studies
available to-cities, counties, and districts. . In making these studies,' the
commission may cooperate with the county planning commissions.'
Such .informati= and studies shall be used by the commission as the basis'
for regular decisions on proposals over which it has jurisdiction. The commission
may recommend governmental reorganizations= to particular agencies in the county,
using the above information as the basis for-.such recommendations. Such recom=
mendations shall be made available, upon request, to other governmental agencies
or to the public.
The commission,..or the board of supervisors on behalf of the commission, 'is
authorized to apply for or accept, or both, any financial assistance and grants-
in-aid from public or private. agencies or from the state or federal government or
from a local government.
* Sec. 54775. Unless the provisions or context otherwise require, the following
definitions shall, govern.the construction of this chapter:
(a) "City officer" means the mayor or a member of the legislative body of the
city.
(b) "Commission" means a local agency formation commission created pursuant
to this chapter.
(c) "County officer" means a member of the board of supervisors.
(d) "Function" means any power granted by law to a local-agency or a county _.
to provide designated governmental or- proprietary services or facilities for the
use, benefit or protection of persons or property.
(e) "Independent special district" includes any special district having a
legislative body all of whose members are elected by registered voters or land-
owners within the district and excludes any special district having a legislative
-37-
body consisting in. whole. or in-part-,. of ex officio members who are officers of
a county or another local agency or who are appointees of such officers. "Inde-
pendent special district"- does not include any district excluded from the provi-
sions of the District Reorganization Act pursuant to the provisions of Section
56039 of this code.
(f) "Independent special district officer" means the presiding officer or
a member of the legislative body of an independent special district.
(8) "Initiate" or "initiation" means, in -the case of proceedings,-' -the -first
procedural step authorized or required by any law for the commencement. of. such
proceedings_, .such step being one of the following:
(1) The circulation of a petition requesting any-proceedings;
(2) The filing with any officer of a. county or a local agency of a notice .of
intention. to circulate such.a petition; or
(3) The adoption by a -legislative body of a county or a local-agency of any
resolution, .order,-.or ordinance initiating proceedings on its. own motion.
(h) ".Local agency"means a city or a special district.
(i) _ 1°Principal county," in the case of a special .district whose territory
is or will be located .in two or more counties, shall have the. meaning contained
in any .definition -of '.'principal county,",-as set forth in the law pursuant to '
which said special district-.was or is proposed..to be. formed. If the law-pursuant
to which the special district was, or is proposed to be, formed contains no such
definition, for purposes of this chapter "principal county" means the county
having all -or the. greater -portion of the entire- assessed value, as shown on the
last equalized assessment roll of the counties, of the taxable property in; or
proposed to be included. in, the special district.
(j) "Proceedings" means the procedure authorized and required-by any law for
the incorporation of a new city, the formation of a special district, the annex-
ation of territory- to. a local agency-or the .exclusion•of territory from a city,
or the disincorporation of a city. . - .
(k) "Proponent" means any person intending to circulate or. cause ,the .circu-
lation of any petition.
(1) "Service" means .a class established within and as a part of. a single
function, as provided by rules and regulations adopted by the commission pursuant
to Article 4 (commencing with Section 548501 of this chapter.
(m) "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.
"Special district" does include a county service area but does not include a
special assessment-district formed under the Improvement Act. of 1911; the Munic-
ipal Improvement Act of 1913, the Street Opening Act of 1903, the Vehicle Parking
District Law of 1943, the Parking District Law. of 1951, the Pedestrian Mall Law
of 1960, or any similar assessment1aw, or any similar procedural ordinance
adopted by a chartered city. "Special district" does not include an improvement
district or zone formed for the sole purpose of designating an area which is to
bear a special tax or -assessment for an improvement benefiting that area.
(Amended by Stats. 1970 ,ch. 1249.) . :
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Sec. 54776. The board of supervisors shall furnish the commission with
necessary quarters, equipment and. supplies, and the usual and necessary oper-
ating expenses incurred by the commission shall be a county charge.
Sec. 54776.1.. • On or before the loth day of June the commission shall prepare
and transmit to the board of supervisors an estimate .of the amount of money needed
for the purposes prescribed by Section 54776 during the following fiscal year. The
board of supervisors shall provide for the use of the commission during said fiscal
_year the amount of money so fixed_ .by: .the commission. The county auditor shall audit
and allow or reject all claims for expenditures .for county charges incurred pursuant
to the provisions of this chapter- in lieu of, and with the same effect as, allow-
ance or rejection of claims by .the board of supervisors.
Sec. 54776.2. The :commission may at any time authorize the destruction of
any duplicate record, paper, .or other document. if the original, or a photographic
:.copy thereof, is- retained in the files of the.commission. The commission may
authorize the destruction of original records more than two years old if a photo-
graphic copy thereof is made and preserved.
* Sec. 54776.3. Notwithstanding the provisions of Section 6103 of this code,
the commission may establish a schedule of fees for filing and processing appli-
cations filed with�the commission pursuant to Section 54791.* Such fees shall not
exceed those charged pursuant to Sections 56132 and 56133. (Added by Stats. 1970
ch. 1249.)
Sec. -5.4777. 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.
. Sec. 54777:5. The commission may contract for retirement benefits for the
executive officer or staff personnel pursuant to the County Employees Retirement
Law of 1937 or the Public Employees' Retirement Law. It may also provide for
health and medical benefits.
The commission shall preserve accrued vacation, sick leave and retirement
benefits of persons hired from- counties.
Sec. 54778. The county surveyor and such other officers- and employees of a
city, county or. .special district, as maytbe necessary shall furnish the executive
officer with any records, information or other relevant materials in their posses-
sion which may be necessary to assist the commission.
Upon request by the commission or the executive officer; .the county surveyor,
or such other -county officer or employee as- the board of supervisors may designate,
shall examine and report to .the'-commission or the executive officer upon any appli-
cation or other document involving any of the matters specified in subdivision M
of Section 54790..
Sec. 54779. If any special district is, or as a result of a proposed forma-
tion or annexation will be located in more than one county, the- commission. of the
principal county shall have exclusive jurisdiction over the matters authorized
and .required by this chapter.
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Article 2. Creation of
Commission and. Selection of Commissioners
Sec. 54780. There is hereby created in each county a local agency formation
— .commission. Except as- provided in Sections 54781 and 54782, the commission shall
consist of five member's, .selected as follows-. '
(a) Two representing the county, appointed by the board of supervisors from
their own.membership. The board .of supervisors shall appoint a third''supervisor
who shall be an alternate member of the commission. He is authorized to serve and
vote in.place of -any supervisor on the commission who is- absent or who disqualifies
himself from participating.in a meeting of the commission.
(b) Two representing the cities in .the county, each of whom shall be a city
officer, appointed by the city selection committee. The city selection committee
shall also designate one- alternate member who shall be appointed and serve pursu-
ant to Section 54784.
(c) One representing the general public appointed by the other four members
of the commission.
Sec. 54781. If there is no city in- the county, the commission shall consist
.of five members, selected as .follows:
(a) Three representing the county, appointed by the board of supervisors
from their own membership. The board of supervisors shall appoint a fourth
supervisor who shall be an alternate member of the commission. He is authorized
to serve and vote in place of any supervisor on the commission who is absent .or
who disqualifies himself from participating in a meeting of the commission.
(b) Two representing the general public appointed by the other three members
of the commission. .
Sec. 54782. If there is only one city in the county, the commission shall
consist of five members, selected as follows:
(a) Two representing the county, appointed by: the. board of supervisors from
their own membership. The board of supervisors shall appoint a third supervisor
who shall be an alternate member- of the commission. He is authorized to serve
and -vote in place of any supervisor on' the commission who is absent or who dis-
qualifies himself from participating in a meeting of the commission.
(b) One representing the city, who shall be a city officer, appointed by
the legislative body of the city.. .The legislative- body of the city shall also
designate one alternate member who shall serve and vote in the absence or dis-
qualification of the regular -appointed city representative.
(c) Two representing the general public appointed by the -other three members
of the commission.
Sec. 54782.5. When appointing. a public member pursuant to Sections 54780,
54781,. or 54782, the commission may also- appoint an alternate public member who
shall be authorized to serve and vote in place of a regular public member who is
absent or disqualifies himself from participating in a meeting of the commission.
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* Sec. 54782.6. - The commission' of any county shall be enlarged ,to seven mem-
bers if, pursuant to Article 4 (commenting with Section 54850) of this chapter,
the commission of any county (i) orders representation of independent special
districts upon the commission. and (ii) adopts rules and regulations affecting the
functions and services of independent special districts. In addition to the com-
mission members selected pursuant to Sections 54780, 54781 and 54782, two commis-
sion members shall 'be selected by an independent special district selection
committee to represent independent special districts in the county.
The independent special district selection committee shall "consist of the
presiding officer of the legislative body of each independent special district.
Such districts shall include districts located wholly within the county and those
containing territory within the county representing 50 percent or, more of the
assessed value of taxable property of such district, as shown on the last
equalized county assessment roll"or -rolls. Each member of the committee shall
be entitled to one vote for each independent special district of which he is
the presiding officer and members representing a ma3'6rity of" the eligible dis-
tricts shall constitute a quorum.
The executive officer shall call and give written notice of all meetings of
the members of the selection committee. A meeting shall be called and held (i)
whenever a vacancy exists among the members or alternate members representing
independent special districts upon the commission or (ii) upon receipt of a
written request by one, or more members of the selection committee representing
districts having 10 percent' or more of the assessed value of taxable property
within the county, as shown or. the last equalized county assessment roll.
The selection committee shall appoint two regular members and two alternate
members to the commission; the members so'-appointed shall be independentespecial
district officers residing within the county. If one of the regular district
members is absent from a' commission meeting, disqualifies himself from partici-
gating in a meeting or is automatically disqualified from participating therein,
the alternate district member is authorized to serve and'vote in his place for
that meeting. When the commission is considering any proposal affecting the
district for which the-regular. inember is an independent special district officer,
such member is automatically disqualified from participating in proceedings of
the commission with respect to the proposal and the alternate member shall serve
and vote in his place upon such proposal: (Added by Stats. 1970 ch. 1249.)
* Sec. 54783. Except for the terms of office of the members of the first
commission, the term of office of each member shall be four years and until the
appointment and qualification of= his successor. The members of the first com
mission 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. Upon enlargement of. the commission to seven
members, as provided in Section 54782.6, the new members first appointed to
represent independent special districts shall_ classify themselves by lot so that
the expiration date of the term of. office of one new. member coincides with the
existing member- who Bolds the office rePresented by the' original` two-year term
mentioned in the preceding sentence of this section and of the other new member
coincides with the existing member who holds the office-represented by the
original four-year term mentioned in the preceding sentence. The body which
originally appointed a member whose term has expired shall appoint his successor
for a full term of four years. Any member may be removed at any time and- without
cause by the body appointing him. The expiration date of the term of office of
each member shall be the first Monday in May in the year in which his term is
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to expire. . Any vacancy in the membership of the commission shall be filled for
the unexpired term by .appointment;by the body which originally appointed the
member whose .office..has ,become.vacant.
The chairman of the commission shall be selected by the members thereof-. -
Commission members and alternates shall be reimbursed .the actual- amounts :of
their reasonable and necessary expenses incurred in attending meetings and- :in
performing the-duties of their office. The board of supervisors may authorize
payment of a per diem to commission members and alternates for each day -while
they are. •in attendance at meetings of the commission.. (Amended- by Stats. ,1970
ch. 1249.) : . .
Sec. 54784. In .each.county containing -two or more ,ci.ties, there •shall be .a
city selection committee consisting of the mayor of each city within such county,
or, where there is no mayor,. the chairman or president of the -city legislative
body. A_ majority of. the members of each city. selection committee shall -consti-
tute a quorum.
..The city selection committee shall meet at the call.of the local,. agency
formation commission chairman, or at the request of 60 percent of .the members
of the city selection committee to fill.. .vacancies in:the- commission.
The city selection committee .shall appoint.,one alternate member to. the
commission in the same manner as it appoints a- regular member. If one of- the
regular city members is absent from. a commission meeting, or disqualifies
himself from participating in a meeting, or is automatically disqualified
from participating therein.pursuant to this section,. the alternate member is
authorized to serve and vote in his place for. that meeting. When the .commission
is considering a proposal. for the annexation -of territory- to a city of which. one
of the -members of the..,commission 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 and vote. in his place.for such purpose.
Sec. 54784.1: , Each local agency .formation .commission may adopt rules and
regulations with respect to disqualification of members from participating in. _
the review of a proposal. In the absence, however, .of. any such rule or regula-
tion, the provisions of Section 54784 shall apply. .
-Sec. 54785. A city or county officer may serve as a member of. the commis-
sion while holding office as a city.or county officer. If a member who ,is a city
or county officer ceases to be an officer of a city or county during his term,
his membership on,the .commission shall. thereafter be considered vacant.
Article 3. Powers .
.Sec. 54790. -. .The commission shall have the following powers and duties.,
subject to the limitations.-upon its jurisdiction- herein .set- forth:
(a) To review and approve or disapprove with or without amendment, wholly,
partially or conditionally proposals for:
(1) The incorporation_ of cities;
(2) The formation of. special district, and
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(3) .The -annexation of territory to local- agencies (other than local-
Agencies the annexation -of territory to which is required to:be
made pursuant to the provisions -of Division 1 (commencing with
Section 56000) of Title 6 of this code) ; provided that 'a commis-
sion 'shall not impose any conditions which mould regulate land
use or subdivision requirements.
(4) The exclusion of territory" from a city.-
(5) -The .disincorporation of a city.
(b) - To adopt standards and procedures for -the evaluation of proposals.
:'(c) To make and enforce rules and regulations for the orderly and fair
conduct of hearings by the commission.
(d) To incur usual and necessary expenses- for the accomplishment of its
functions.
(e) To appoint and assign staff personnel and to employ 'or contract for
professional or consulting services to carry out and effect the 'functions-of
the commission.
(f) To review the boundaries of the territory involved in any proposal
with respect to the definiteness an& certainty thereof, the nonconformance of
proposed boundaries with lines of assessment or ownership, and other similar
matters affecting the proposed boundaries.
(g) To'waive the restrictions of Section 34312 and of subdivision (1) of
Section 35002.3, and Sections 35158 and 35326 if it finds that the application
of the restrictions would be detrimental to the orderly. development of the com-
munity `and that the,-area that would be enclosed by'the annexation or- incorpora-
tion is so located that'it cannot reasonably'be annexed to another city or
incorporated as a new city.
Sec-. 54790.1. In any commission-older giving approval to any of the matters
provided for by subdivision '(a) of 'Section 54790, -the commission may-make such
approval conditional upon:
(a) The initiation, conduct or completion of proceedings for a change of
organization or a reorganization under aad pursuant to the District Reorganiza-
tion-Act•of -1965, Division l (commencing at Section 56000) of Title 6 of' this
code;! and..
(b) The approval or-disapproval, with or-without election, as may be pro-
vided by said District 'Reorganization Act-of 1965,' of any'resolution or--ordinance
ordering any siich.change of organizationror reorganization. -
-If .the commission shall so-condition its.-approval, the commission may order
that any further action pursuant to this chapter shall be: continued and held' in
abeyance for such period of time as the commission may designate, not to exceed
six months from the date of such conditional.-approval.
Any such commission order' may also-provide that any election called upon
Any of the matters provided for by said subdivision (a-) -of Section 54790 shall
be called, held and conducted before, upon the same date as, or after-the date-
of any electioni to be 'called, held and conducted upon a-change of organization
or reorganization pursuant to the provisions of said District Reorganization
Act of 1965. -•43-
Any such commission order may also provide that in-any ,election at which
the questions of annexation and district reorganization or incorporation and
district reorganization are to be considered at the same time, there. shall be
a single question appearing on the ballot upon the-issues of annexation and
district reorganization or incorporation and district reorganization.
Sec. 54791. Proceedings shall not be initiated until application is made
to the executive officer and approval is given by the commission of .-the princi-
pal county. Any proponent, any legislative body, or any members of any legis-
lative body, desiring to initiate proceedings shall, file an application with
the executive officer of the principal county. If a special district is, or
as a result of a proposed formation or annexation .will _be, located- in more than
one county, the executive officer of the principal county shall immediately
furnish a copy of..any application filed with him to- the executive officer of
each such other county.
Sec. .54792..- Each application shall be in such .form as .the, commission may
prescribe and shall contain: ,._.
. (a) . A statement of the .nature of.each proposal and the name or names of
the districts or cities. which would be affected thereby;
(b) A description of the boundaries of the territory proposed to be incor-
porated into a new city, to be formed into a special district, to be annexed to
a local agency or. to be excluded from a city;: .
(c) A map showing such boundaries;
(d) Such data and information as may be .required.by any rule. or regulation
of the commission;
,(e) Such additional data and information., as may be required by the execu-
tive officer, pertaining to any of the matters or factors which maybe considered
by the commission; and
(f) The names of..the officers or persons, not.:to -exceed three in number,
who are to be furnished .with- copies of the executive officer°s .report and-,who
are to be given mailed notice of hearing.
Sec. 54793. ° When .an application is filed with the, executive officer pur-
suant to this part, he shall set a date,. time,, and place.-for a hearing by the.
commission on said application. The date of the hearing, shall not be- more than_
70 days following the date of such filing. At least 15 days prior to any hear
ing, the executive officer shall give mailed notice of the hearing to each
affected county, city,..or district, to any i_nterested; party .or.local agency who
has .filed. a written request for such--notice with the.executive officer, and to.-
any officers or persons. designated. in the application for the..purpose- of receiv-
ing mailed notice. In addition, at least 15 days prior to the hearing upon a
proposal.;for- the annexation .of territory to a city, the incorporation of a new
city or for. the formation of a district, notice of hearing shall be published
by- the executive officer., in accordance with Section 6061, in a newspaper of.
general circulation which is circulated within the. affected- territory. .
Sec. 54794. The executive officer shall review-each application which is
filed with him and shall prepare- a- report, including his.recommendations- thereon.
Said report shall be completed not .less. than five days prior to. the date. speci
fied in the notice of hearing. Upon completion, the. .executive officer shall
-44-
furnish •copies :of said report to the officers or persons designated in the appli-
cation,• to •each ci.ty -or-.spec:ial district: to or from which territory is proposed
to be annexed or. excluded and-:where .a district is,� or will be, located in_more-
than one county,. to• the, executive officer of each such other county..
* Sec. 54794.1.. .. Whenever the executive officer- is required by law to prepare
an impartial analysis of a;ballot proposition for.'approval- by.the commission, the .
commission may, by. rule; provide a procedure for approval or.modification of the
executive officer's analysis. (Added- by Stats. -1970,- ch._ 736.)
..Sec. 54795. At the.hearing, the commission- shall hear any interested parties
and- consider the application and, the report of.:the-.executive officer.
* Sec. 54796. Factors to be considered-in- the review of a proposal shall in- .
clude but not be limited to: .
-(a)- Population, population density; land area'.and- land use; per capita
assessed valuation; topography, natural•_boundaries, and drainage basins; proxi-
mity to- other populated areas;- the .likelihood of significant growth in the area;
and in adjacent- incorporated and- unincorporated areas, during the next 10 years. .
(b) NeedJor. organized community:services; .the:present cost and adequacy of
governmental services and controls in the area; probable future needs for such
services and-, controls; -probable effect of the proposed incorporation, .formation,
annexation, or exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
(c) The -effect of the--proposed action and of alternative actions, on ad-
jacent areas, on mutual social and economic .interests and. on the. local govern
mental-structure of .the county. . :
(d) The definiteness and certainty of the boundaries of the territory, the
nonconformance -of proposed boundaries with. lines of assessment or ownership,
the creation of islands or corridors.of unincorp.orated. territory, and other
similar.matters affecting the proposed boundaries.
(e) Conformity with appropriate city or county general and specific plans.
(Amended by. Stats...1970 ch. 1249.)
S.ec. :547.97 , .The commission may continue the hearing from.time to time, not
to exceed• 70 days from�.the date specified in the.notice of hearing.: Within 35
days after the conclusion.of the hearing, ,the commission shall adopt a resolution .-.
making its determination upon the proposal. --
If- the commission- approves a proposal, proceedings shall thereafter be
initiated, conducted and completed pursuant to_,those. provisions of .law.which
are applicable•_to the proposal as it-.has .been approved.,.by the commission. If
the commission approves the .proposal with modifications or .conditions, pro-
ceedings may be initiated, conducted and completed .only in compliance with such . _
modifications or conditions. If the commission disapproves of the proposal,
further proceedings shall terminate.
Upon the filing with -the Secretary of State-.of any notice or other document .
which .is authorized or required by law• to be filed with him upon completion of
any proceedings, said -Secretary of State-,shall give written notice of_ $uch filing
to the.executive officer of each county within which any of the territory affected
by such proceeding shall be located.
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Sec. 54797.;1. If .an application. f or an annexation•to, or- a .detachment .from,
a city. is signed!"by- all- of the owners' of� land-"within- the territory proposed to-
be annexed or detached, or is-accompanied.by proof, satisfactory to the commis- •
sion, that all of the owners within such territory have given- their written '
consent to such annexation or detachment, the commission may approve such
annexation or detachment-without notice and:hearing. In such cases the com-
mission may also approve and authorize the legislative body of the.-city to
annex or detach.-such territory (i)- without notice and hearing by.,the- legislative
body, (ii) without an- election, or (iii) both.
As used:in this section.1°owner of land" means: any person-shown as the owner
of land on the last equalized-`assessment'roll; where such person is no longer the
owner, then any person entitled to be shown as owner of land on the next assess-
ment roll; where land -is subject to-a recorded written agreement of sale; any
person shown therein as purchaser; and any public agency-owning land: -- -
Sec: 54797.2: " .If an application for the €ormation of-'a district is signed
by all of the owners of land proposed to-be 'included.within the district, and-
is accompanied by proof;" satisfactory to the -commission, -that all'-.of the owners
within such territory have given 'their -,written conseat- to the proposed formation,
the commission shall hold a hearing on the proposed formation. In such cases,
however, the commission may approve and authorize the board of supervisors, or
other appropriate legislative body, .to order the formation of the district- (1)
without notice and hearing by the legislative body, (2) without an election, (3)
or both.
As used in this section "owner of land" means: any person shown as the owner
of land on the last equalized assessment roll; where"such person is -no 'longer the
owner, then any person entitled=to be shown 'as"owner of land on the- next assess-
ment roll; where land is subject to a recorded written agreement of sale, any
person shown therein as purchaser; and any public agency owning land.
Sec. 54797.3; Any person may;. -prior to any meeting, request any local agency
formation commission to cause a transcript record to"be made of ;such meeting. If
the cost of such record is borne by .sueh,person,-the commission shall cause a
transcript ."record to be made.
Sec. 54798. If two or more proposals pending before the commission shall
conflict or in any way be inconsistent with each other, the commission may
determine the relative priority for conducting any further proceedings based
upon any- such proposals. Any such determinations shall be-included in the terms
and conditions imposed by -the commission. In the -absence of any such d'etermina
tion,- priority -shall-be given to that proceeding which shal-l'be based upon the
proposal first filed with the executive officer.
Sec. 54799. :,If the commission disapproves a proposal; no.further proceed-
ing shall be taken thereon. "No-application for a subsequent-proposal involving
any of the same territory and-undertaken under 'the'-same provisions of law -may
be filed with 'the commission for at least one year after the date of disapproval
without the consent of the commission:
Sec. 54799.1. If any legislative body shall desire any addition, deletion, .-
amendment or revision of any commission resolution making determinations or any
term, condition or other provision contained therein, including minor .or major
changes in boundaries'of proposed new cities or annexations to existing cities,"
such legislative body shall file written application therefor with the `.executive
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officer who shall--present the- same to- the commission at its next meeting. ' The
commission, in its discretion;'may either (i) without further notice and hearing,
deny-or approve such application in whole or in`part, or (ii) provide for notice
and hearing upon said application, in the same manner'as for the original proposal,
prior to denying or approving the same.
Sec. 54799.2, Failure to -complete a proceeding within one• year after the
commission-approves a proposal therefor-shall be deemed an abandonment of such' , .
proceeding unless prior to the expiration of said year the commission shall
have authorized an extension of time for 'such completion. Inability to com-
plete a proceeding because of the order or-decree of a court of`competent
Jurisdiction' temporarily enjoining or restraining such. proceedings shall not
be deemed failure of completion and said one year period shall be tolled for
such time as any such order or decree shall be in effect. —
'Sec. 54799.5: Notwithstanding the provisions of Section .54779, when an
existing or proposed special district or city is-eligibl'e-to qualify 'as a mem-
ber' districtoi--city by the annexation of all or any part of 'the territory of
such e'xisting 'or proposed special district or city to a parent district',, or
when territory le proposed to be-annexed to such existing special district or
city which ie already'a member district or city concurrently with the annexa-
tion of such territory to such parent district, the local agency formation
commission of the principal county of such special district _or city shall have
exclusiye'jurisdiction-over all proceedings affecting the boundaries of both
the member district or city and the parent district. As used-in this section,
'"member district" ,and "parerit district' shall have the`-meanings set forth in
Sections 56053.1 and '56059.1.
Or Or OF * e �t
-- Section 13 of Chapter 587. `Stats. 1965. The'-members of any local agency-
formation commission, any executive officer and all staff. personnel 'of. any such
commission heretofore created pursuant to- Chapter-180$ of the Statutes of 1963
shall, 'without .interruption, ,continue to perform the respective duties 'of their
offices or employments' for the compensation, .if any, and the terms .of such offices
and employments as heretofore provided, until the selection and qualification
of their successors pursuant- to the 'provisions, of this act., subject to removal
and control de, provided by this act:
TITLE 6. DIVISION 1, OF THE GOVERNMENT CODE
- DISTRICT REORGANIZATION ACT OF` 1965
Sec. 56003.1. Except as provided in this section., this division shall have.
no application to the incorporation of cities,- the annexation or detachment of
territory to or from cities, minor changes of city boundaries or the consolida-
tion or disincorporation of cities or to the formation of districts- (except when
any such formation is a part of a reorganization) or to proceedings for, any of
the foregoing. An annexation to a city which is proposed as a part of a plan of
reorganization may be conducted in accordance with the procedures for reorganiz-
ation'set forth-in this- division unless the affected city objects thereto. In
any .commission order .giving. approval to'any of the matters provided for in sub- '
division (a) -of Section 56250, the commission`may 'make any such approval' condi-
tioual upon:
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(a) The initiation, conduct or.completion of- proceedings. for,the•.incorpora-
tion of. any city, the annexation.or detachment of territory to or from any city,.
the consolidation of any .cities or the disincorporation, of any city_ or .for the ,
..formation of, any district,; and
(b) The approval or disapproval, with or without election, as may be pro-
vided by law, of any resolution or.ordinance .ordering any such incorporation,
annexation, detachment,_ consolidation,'. disincorporation or formation of.:a
district.
If' a commission shall so condition. its approval,. the commission. may order
that any further action.pursuant..to this division shall- be continued and held- in
abeyance for -such period of time as .'the ,commission .may designate; .not. to;..exceed
six months from the date of. such conditional approval..
Any.such commission order may-also provide that -any election called upon the
question,of confirming a. change of organization or a reorganization pursuant to
the provisions of this division..shall be called,. held and condueted.before, ,upon.-
the same date as,, of after the date of any election..to be called, .held and con-
ducted upon the incorporation. of. any city, the.annexation or detachment.of .terri-
tory to or .from any city,. the consolidation of any cities or the.disincorporation
of any city or upon. the formation of. any district.
Sec. 56003.2.' If any fire protection district or .fire district shall be ''
:organized under Part 27 (commencing with Section 13801). of Division 12 of the
Health and Safety Code, Chapter,l (commencing with Section -14001) .of Part 3, , .
said Division 12, Chapter 2 (commencing with Section •14400) .of.Part 3,,.said
Division 12, or Chapter 3 (commencing with Section 14600) of Part 3, said Divi-
sion 12, the foregoing laws shall provide an additional and alternative authority
and procedure for the initiation, .conduct and completion of detachments of terri-
tory from any such district or for the dissolution thereof or for the inclusion
of a city or a portion thereof in.a_ district. - .When a proceeding for a detachment
or dissolution is made pursuant to any df,:the. foregoing. laws; ,only .the provisions
of such laws shall be applicable to the initiation, conduct and. completion of
such proceedings, and this division and the repeals, amendments. and.additions
•
made. by the act enacting this division shall not.,apply thereto.,, . ..
Sec. 56028. . "Change:of organization means an annexation or detachment.of
territory to or from a district, a minor boundary change,. the dissolution or.,con-
solidation of any district or districts,' a merger or the establishment of a sub-
sidiary district, and, in the case of a reorganization, .also includes formations
and annexations to cities when the affected cities do not object to such annexa-
tions.
* Sec: 56039. "District", means an:agencg. of .the state, formed pursuant to gen-
eral law or special act, for the local performance of governmental or proprietary
functions within limited_.boundaries. "District" shall include a county service
area, but;,shall exclude ,the.Ioilowing::
(a) The state; _
(b) A county;
(c) A city,. except for the provisions. of this division relating to ,a merger,
the establishment of.a subsidiary district,- or a reorganization which ,includes 'an:
annexation to a city.when.the affected 'city .does not object to such. annexation;.
-48-
(d) A school district;
' (e) A unified or union high school library district;
(f) A special assessment district;
(g) An improvement district;
(i) An air pollution control district;
(j) A bridge and highway district or a joint highway district;
(k) A transit or rapid transit district or authority;
(1) A metropolitan water district;
(m) A flood control district, a flood control-.and floodwater conservation
district, a flood control and water conservation district, a conservation district,
a water conservation district, a water replenishment district, the Orange County
Water District, a California water storage district, a water agency, a county
water authority or a water authority, provided, that the commission of the princi-
pal county shall determine, in accordance with Sections 56015 and 56016 inclusive,
that any district, agency or authority enumerated in this subdivision (m) is not
a "district" within the meaning of this division: (Amended by Stats. 1970 ch. 110.)
DIVISION 12, PART 2.7, OF THE HEALTH AND SAFETY CODE
FIRE PROTECTION DISTRICT LAW-OF 1961
Sec. 13948. Any city, or portion thereof, may be included within a district
upon the adoption of an ordinance by the city governing body- requesting the inclu-
sion which is approved- by the district board. The district:board may require as
a condition to the inclusion that the city or portion thereof included within the
district remain a part of the district for a period of' time not to• exceed' 10 years.
Upon the expiration of the period of time set forth in the conditions or, if none,
at any time, the legislative body of the city may provide by ordinance for the
withdrawal of the territory of the city from the district. The withdrawal shall
be effective upon the date fixed by the legislative body of the' city in the •ordi-
nance, which date is on or after the date of the Adoption' of the ordinance. Where
the withdrawal is effective on or before January hst of the fiscah year---the dis-
trict shall furnish fire protection services to the territory withdrawn•until the
first day of July next succeeding. Where the withdrawal is effective subsequent
to January lst of the fiscal year and the territory is subject- to district taxation
for the succeeding fiscal year the district shall furnish fire protection services
to the territory until the 30th day -of June of the fiscal year next succeeding.
Immediately after the approval by the district board of an ordinance of a city
governing body including the city or portion thereof, within the district,- the clerk
of the legislative body of the city shall file a copy of the ordinance, describing
the territory included and the date of its inclusion, with the governing body of
the district. Immediately after the adoption of an ordinance Withdrawing the ter-
ritory of a city from the district, the clerk of the legislative body-of the city
shall file a copy of the ordinance, describing the territory withdrawn and the date
of its withdrawal, with the governing body of the district and with the tax levying
authority of the district. Whenever a copy of an ordinance including a city or
-49-
portion thereof, within the district, or a copy of an ordinance withdrawing, the
territory of a city from a district, pursuant to this section is filed with the
district board, the tax .levying authority of, the district- shall. comply with the
requirements of Chapter 8 (commencing with Section 54900) of Part 1 of Division
2 of Title 5 of the Government Code.
Sec. 13952. Whenever any portion of a district is included within a. city
by annexation such portion may be withdrawn from the district. The legislative
body of the city may within one year after. the:annexation proceedings are com-
plete provide by resolution that such territory shall be withdrawn from the
district.
Immediately after adoption: of- the resolution, the clerk of the legislative
body of the city shall file a copy of the resolution, describing the territory
withdrawn and declaring its withdrawal, with. the governing body of the district
and with the tax levying authority of the district. Whenever a copy of such
resolution is- filed-with the:;governing body of. the district, the tax. levying
authority of the district shall comply with the requirements of Chapter 8 (com-
mencing with Section 54900) of.Part. l of- Division 2 of: Title 5 of the Government
Code.
Such withdrawal shall be effective on the date fixed by the legislative body
of the city, which date shall not be more than two years after the annexation pro-
ceedings are complete.- Where the withdrawal is effective on or before January
lst of the fiscal year the district shall furnish fire protection services to the
territory until the first day of July next succeeding. Where the withdrawal is
effective subsequent-to January..lst of the fiscal year and where the territory is
subject to district iaxation 'and assessment the district shall furnish fire pro-
tection services to the territory until the 30th day of.June of the fiscal year
next succeeding.
If• the portion of the district included within a. city..by,.annexation is not
withdrawn within-two years after the annexation is complete;_ ,it may be withdrawn
thereafter only. by detachment proceedings taken pursuant .to the provisions of the
District Reorganization Act of 1965, Division 1 (commencing with Section 56000)
- of Title. 6, Government Code.
Sec. -13953. . Whenever any portion of a district is included. within a city
by reason of the incorporation of the city, such portion may be withdrawn from
the district by. resolution of the governing body of- the city within one year
after the effective date of the-. incorporation of..,the city.. If not withdrawn
within one year, it may be withdrawn thereafter. only: by detachment proceedings
taken pursuant to. the .provisious.of .the District_ Reorganization Act of 1965,
Division 1:..(commencing: at .Section 56000) of Title 6, Government Code.
If such withdrawal is made within one year after.;the. effec.tive date of the
incorporation of the city, the clerk of the legislative body of the city shall
'file a.copy of the resolution, describing the territory withdrawn, declaring its
. ,.withdrawals and specifying-the date of its-.withdrawal, with the .governing body
. of the district and with the tax levying authority of the district.. Whenever a
copy of. such a. resolution,is filed with the governing-body of_. the:district, the .
tax levying authority of the district .shall comply-with the requirements of
:Chapter 8 (commencing with Section 54900) of Part 1 of. Division. 2 of Title 5
of the Government Code.
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EDUCATION CODE
Sec. 1974. Every city organized before September 11, 1957, except a general
law city, constitutes a separate school district unless otherwise prescribed in
its original city charter. The district shall be governed by the board of educa-
tion or board of school trustees of the city. Every chartered city organized on
and after September 11, 1957, unless otherwise provided in its original charter,
constitutes a separate school district if approved by the State Board of Education.
The approval shall be by resolution. The State Board of Education shall approve
such district only if it has received the favorable recommendation of the county
committees and the county superintendent of schools of the county in which the
city is situated. Sections 2304 to 2306, inclusive, shall apply to any annexa-
tion of territory to a city constituting a separate school district under this
section. If the consent of the governing board of the district is first obtained,
territory within the exterior boundaries of a city may be withdrawn from the school
district of that city and annexed or transferred to an adjoining school district
in the manner provided elsewhere in this code for the change of school district
boundaries.
Sec. 2304. Territory annexed to a city which is not contiguous to a school
district within the city shall not automatically become a part of any school dis-
trict within such city pursuant to Section 1974.
Sec. 2305. When territory is annexed to a city pursuant to the Annexation
Act of 1913 (commencing with Government Code Section 35100) or the Annexation of
Uninhabited Territory Act "of 1939 (commencing with Government Code Section 35300),
the territory does not thereby become a part of the school district of the city
pursuant to Section 1974 unless the resolution required by Government Code Section
35117 or Section 35306, as the case may be, contains a statement that the annexed
territory shall become a part of the school district of the city. A statement to
transfer the annexed territory to the city school district shall not be included
in such a resolution unless the territory is contiguous to the school district of
the city and the governing boards of each of the districts whose boundaries would
be changed have agreed in writing to the transfer. If the boundaries of three or
more districts would be affected and only one of the districts is not in agreement
with the others, the matter may be referred to the State Board of Education whose
decision in the matter will be final.
Sec. 2306. Territory annexed to a city pursuant to Articles 3, 4, 7, and 8
(commencing with Sections 35200, 35250, 35450, and 35470, respectively) of Chapter
1, Part 2, Division 2, Title 4 of the Government Code shall not automatically be-
come a part of any school district within such city pursuant to Section 1974.
-51-
GENERAL,-OUTLINE
ANNEXATION PROCEDURE
(Section numbers refer to Gov::t.-C. unless:otherwise specified.)
ANNEXATION ACT OF 1913
Inhabited Territory
l.. Proponents- request. consent .of city council to commence proceedings. (§35106)
2. City council refers request -to-.planning commission' for report and recommends-
.tions. (§35108)
I. Planning commission submits report-within 40 days. 035109)
4. Adoption by city council of resolution consenting to commencement of annexation
proceedings. (§35106)
5. Proponents file application with local agency formation commission. (§§35002,
54791, 54792)
6. Local- agency formation commission hearing. not more than 70 days after date of
filing application. Notice of the hearing mailed and published at least 15
.days -prior to.;hearing. (§54793)
7. Executive officer of commission furnishes copies of his report and recommenda-
tions to proponents and to city not less than 5 days prior to date of hearing.
. (§54794)
8. Approval by commission. [Commission may continue -hearing from time to time
. not- to exceed 70.days from original date. Commission must•act within 35 days
7 after conclusion of the hearing.] ; (§54797)
9. Proponents publish notice of intention to circulate petition. 035111) (Elec.
C. §§4002, 4003)
10. Proponents .file affidavit .of-publication and copy of notice -and accompanying .
statements with city clerk within 10'days after publication. (§35112)
11. City :councl-1 adopts:resolution.:acknowledging..receipt of notice and approving
circulation of -petit-ion, .within 15 days after filing of -notice. (§35113)
12.. Petition .may.be circulated 21 days after publication_ or. posting of the notice
of intention. (§35114)
13. Petition .must be filed within six months from the date-of the first -signature
thereon. 035001)
14. .,-City.clerk and :county:cler-k,or registrar -of voters check -and certify 'suffi-
ciency of petition within two weeks after receipt -of petition. (§35116)
A. If petition insufficient, supplemental petition bearing additional
signatures may be filed within 10 days of the date of the certifi-
Cate of insufficiency.
i.
B. Clerk and county officer examine,.and:certify sufficiency of supplemental
petition within 10 days after filing.
15. City council (without delay) adopts resolution of intention to call special
election. (§.35116) Hearing. set not less than 15 days nor more. than 40 days
after passage of resolution. (§35118)
NOTE: No notice and hearing or "election required if all of the owners
have consented in writing and if the local agency formation com-
mission gives its approval. (§935015, 54797.1)
16. City clerk causes copy of resolution• to be published once-a week for two suc-
cessive weeks, or copies of resolution to be posted not less than 10 days
before the hearing. (§35119) .(Elec. C. §6066)
17. City clerk causes written notice to be mailed not less than 20 days before the
public hearing to: each. owner who has filed name arid-address and description-. of
land 035119)
18. Written protests may be filed by owners at any time 'prior to hour set for
hearing. (§35120) Protests may be withdrawn at any time prior to adjourn-
went of hearing on.-protests. (§350I2) '
19. City council may terminate proceedings at any time prior to the date set for
hearing provided that hearing .must be• held :on any protest filed. (§35007)
20. At time set for hearing, if protests have been filed but--are -insufficient to
terminate proceedings, the meeting shall be recessed for not less than 10 days
and ,supplemental protests may be filed. (§35120) .
21. At time set for hearing or to which hearing continued, city council shall hear
and rule upon protests. (§35121)
22. City council .shall adopt resolution within,30 days after closing of the.,hear-
ing declaring whether or not majority protest has been made.—(If •no-resolution
adopted, resolution declaring majority protest deemed adopted on 30th day.)
23. If no majority protest, and city council elects to proceed, changes in bound
-
..aries. by city council submitted to local agency formation commission for
approval. . (§§35121.5, .-35121.6, .54799:1)
24.. -If no majority protest; city council shall call :special,election without
delay, or may adopt resolution terminating.-the proceedings. (135122)
25. Election must .be held not less .•than 54 days nor-.more than:75'days. after .termi-
nation of protest hearing. (§35122)
26.. Notice of election:-published at least once a -week for the four weeks :prior to
the election. 035123)
27. City ._council mails.written.notice of election -to -executive officer of local
Agency formation .commission: . (§35124.1)
28. Arguments for and against proposition filed with..city clerk not less than
54 days prior to date of election. (§§35124.2, 35124.3)
29. City.clerk .causes ,ballot •pamphlet..containing text-of proposition, analysis
prepared by local agency formation commission, and arguments, to be mailed
to each voter at least 10 days prior to date of election. (§35124.4)
30. City council appoints election officers. (§35127).
31. Election. (§§35130, 35131) (Generally, Elections Code provisions governing
municipal elections in general law cities.)
32. City council canvasses returns at next regular- meeting at least 3 -days after
the election. (§§35132, 35133)
33. ..Ordinance approving annexation. (§35135)
34. Clerk certifies and transmits to Secretary of State a copy of the ordinance
approving annexation. (§635142, 35144)
35. File statement or map or plat with State Board of. Equalization. (§§54900-
54903)
36. Clerk shall file with the county -recorder affidavit of completion .aud attached
certificate ofSecretary of.State. (§34080)
iii.
ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939 '
L., Proponents or city council file application with local -agencyformation
commission. -:0§35002, 54791,. 54792)
NOTE: If city council intends to initiate proceedings on its own motion
without requiring petition. (§35310), a resolution declaring such
intent and directing the filing of an application with the commis-
sion should be adopted:
2. Local agency formation commission hearing not more than 70 days after date
of filing application. Not-ice of the hearing mailed and published at least
15 days prior to hearing. (§54793)
3. Executive officer of commission furnishes -copies of his report --and recommenda-
tions to proponents and to city not less than 5 days prior to date of hearing.
(§54794)
4. Approval by commission. [Commission may continue hearing from time to time
not .to exceed 70 days from original date. Commission must act- within 35 days
after conclusion of the hearing.] (954797)
5. . a. Petition for annexation' filed.'by landowners (§35305); or
b. city council initiates proceedings on its own motion 035310) .
I
6. City council (without delay) adopts resolution giving notice of proposed annex-
ation and setting hearing. (§35305)
[Copy of resolution to governing board of every school district included,
in whole or in part, in territory proposed to be annexed, and which has
made written request therefor.] (§35305).
A. Petition Signed by Less Than All Owners or Council Initiates Proceedings
(1) Hearing set not less than 40 nor more than 60 days after passage
of resolution. (§35307)
(2) City clerk causes copy of resolution to be published at least twice,
but not more often than once a week, publication to be complete at
least 20 days prior to hearing; or copies of resolution to be posted
not less than 20 days before the hearing. 035311)
(3) City clerk mails notice to each owner of land in territory to be
annexed, and to each person having interest in such land who has
requested notice, not less than 20 days before hearing. (§35311)
(4) In case of tide or submerged lands owned by State, written notice
to State Lands Commission not less than 45 days before hearing.
(5) Written protests may be filed by owners at any time prior to final
adjournment of hearing on protests. (§35312)
(6) City Council may terminate proceedings at any time prior to the date
set for hearing provided that hearing must be held on any protests
filed. (§35007)
iv.
(7) Hearing. City Council adopts resolution within 30 days after closing
hearing whether or not majority protest has been made. (If no reso-
lution adopted, resolution declaring majority protest deemed adopted
on 30th day.) (§§35313, 35313.2)
(8) Changes in boundaries by city council submitted to local agency forma-
tion commission for approval. (§§35313.5, 35313.6. 54799.1)
(9) City council approves or disapproves annexation by ordinance adopted
within 60 days of protest hearing. (If no ordinance adopted, ordi-
nance disapproving annexation deemed to be adopted on 60th day.)
(635314)
B. Petition Signed or Consent Filed by Owners of All Land. (§35310.1)
NOTE: No notice or hearing required if. approved and authorized by
local agency formation commission. (§§35015, 54797.1)
(1) Hearing set not more than 30 days after passage of resolution.
(2) City clerk causes copy of resolution to be published at least
once not less than 4 days prior to hearing; or copy of. resolu-
tion to be posted not less than 7 days before the hearing.
(3) Hearing. Changes in boundaries submitted to local agency formation
commission for approval. (§§35310.1, 35313.6, 54799.1)
(4) City council adopts resolution approving or disapproving annexation
within 30 days after completion of hearing. (If no resolution
adopted, resolution disapproving annexation deemed adopted on 30th
day.)
7. Clerk certifies and transmits to Secretary of State copy of ordinance or
resolution approving annexation. (635316)
8. Clerk shall file with the county recorder affidavit of completion and
attached certificate of Secretary of State. (§34080)
9. File statement or map or plat with State Board of Equalization. (6§54900-
54903)
v.
LEAGUE OF CALIFORnin CITIES
MEMBER NATIONAL LEAGUE OF CITIES
"WESTERN CITY" OFFICIAL PUBLICATION
Sacramento 95814 . . 1108 "O"Street . . 444-5790 . . Area Code 916
Berkeley 94705 . Hotel Claremont . 843-3083 . Area Code 415
Los Angeles 90017. . 702 Hilton Center. . 624-4934 . . Area Code 213
OFFICERS Sacramento, California :95814
President: February 3,' -1971
CLIFFORD F. LOADER
Mayor, Delano
First Vice President
RAY D. PRUETER
Mayor, Port Hueneme
Second Vice President - Treasurer
RONALD R. JAMES Mr. Paul C. Jones
Mayor, San Jose
Past President: - City Clerk .
EDWIN W.WADE
Mayor,Long Beach P. 0. Box
Executive Director and Huntington Beach, California 92648
General Counsel:
RICHARD CARPENTER
DIRECTORS
ALFRED A. AFFINITO Dear Paul:
City Councilman, Pittsburg
RICHARD COLEMAN
Planning Director, Pomona We have not prepared a .revision of the compilation of annex-
FRANK CURRAN ation statutes -reflecting 1570 legislation. As you know, .we
Mayor, San Diego have distributed a .revised compilation of those statutes each
`EMds
Mayor,
to year for .several .years .to city attorneys, city managers and
G. SIDGADSBY city clerks in allcities-. The procedural .outline .attached
Mayor, Salinas
to the statutes was added two years ago.
'LEN GRIMES
City Attorney, Beverly Hills
HAROLD M. HAYES .We will make an effort -to update the .bulletin just as soon as
Mayor' Montclair possible. The amendments enacted during .the last .session of
JACK D. MALTESTER the .legislature are contained in the "Digest of 1970 Legisla-
Mayor, San Leandro
JAMES McCARTY tion ,Affecting Cities" which-you have .received. .See page ii
Director of Public Works,Oakland _ under Annexations, Incorporations. Local Agency Formation
MARTIN C.MCD Commissions. The only significant change in the annexation
San Chief of Police,,San Mateo
a
THOMAS J. MELLON .statutes is the provision for the..distribution of ballot
Chief Administrative Officer,
San Francisco pamphlets in connection with annexation elections (Chap.
REGINALD E. MOORBY 736) .
Fire Chief, Burlingame
MA yClerk, ogCi Long I -am not .sure .just how .much demand there would be for the
FRANCIS P.-PACELLI looseleaf publication which you described in your letter.
Mayor Pro Tem, Daly City
The annexation bulletin goes to every city attorney and city
HELEN PUTNAM
Mayor, Petaluma manager as .well as to every city clerk for the attention of
EDWARD H. RADEMACHER the council. It may be, however, that some change in format
Mayor, Calipatria -
JAM SNAPP as you are contemplating might be well received.
Mayor, El Cajon
HERBERT A. SPURGIN
Mayor, Santa Monica -
Very truly yours,
ALBERT J. TALKIN
City Councilman,Sacramento
JAY VER LEE �0 D
Director of Parks&Recreation "��•t„Al
Oakland
H. DOUGLAS WELLER William G. Holliman, Jr.
City Manager, Alameda
Assistant Legal Counsel
HOWARD H. WIEFELS
r Mayor, Palm Springs
BERT M.WILSON _
Mayor,Costa Mesa
SAM VORTY WGH:pc -
Mayor, Los Angeles
Cable Address—LEAGUECAL, Berkeley,U.S.A.
1108"O"STREET
SACRAMENTO 95814
League
(916) 444-5790
of Cities BERKELY94705NT
��/,� California1 �l BERKELEY 94705
C' , p,�fjjQ� (415)843.3083
Member National League of Cities "Western City" Official Publication
702 HILTON CENTER
LOS ANGELES 90017
WORK
TOG, ETHER (21316244934
Sacramento, Ca. 95814
November 24, 1970
To- Mayors, Councilmen; Managers and Clerks
Subjects: a. Municipal Fiscal -Crisis
b. Regional Government
c. Annexation Hearings
a. Municipal Fiscal Affairs. In recent months, you have received several League
bulletins concerning the fiscal crisis confronting most cities. These bulle-
tins have advised you of the -growing concern of the League Board of Directors
with the city fiscal problem; the decision of the Board to wage an intensified
campaign aimed at obtaining additional revenue or revenue raising authority for
cities; and the appointment of a Special Statewide Task Force on. Municipal
Revenue Needs to advise the League with respect to a specific legislative pro-
posal and campaign strategy.
The Task Force met in October and made a series of recommendations. These
recommendations were approved by the League Board and were embodied in a
resolution that was adopted by the General Assembly at the recent Annual
Conference in San Diego (Resolution No. 19 enclosed) . Briefly, the resolu-
tion calls on the League to develop a specific legislative -program (with
schools and counties, if possible) aimed at increasing the annual growth
rate of municipal revenues by providing cities with additional sales and/or
income taxes.
As provided in the resolution, discussions are presently underway with repre-
sentatives of statewide school and county organizations. 'The special League
Task Force will meet again on December 16, and we will be able to advise you
shortly thereafter as to the nature. of the specific legislative proposal, and
whether it will be jointly sponsored with representatives of schools and
counties.
The League is developing a coordinated statewide campaign aimed at obtaining
additional revenue for cities at the Z97Z legislative session: On a state-
wide basis we are already involved in some additional efforts. We are assist-
ing with plans for a joint hearing of the Assembly Committees on Revenue and
Taxation and Local Government. This all day hearing will be concerned solely
with the financial problems of cities and, while it will not be possible for
all to testify, we are hopeful that as many cities in the area as possible
will send representatives to indicate their concern over city fiscal problems.
The hearing will be held on December Z7 at 9:30 a.m. in the New State Building,
Room 1138, 107 South Broadway, Los Ang6Zes.
Although campaign suggestions and materials will be distributed shortly, the
principal purpose of this bulletin is to request all cities, beginning now,
to do the following:
1. Educate your legislators - Attached is a copy of a letter
sent by the City of Pasadena to their legislators. Although
you will want to meet personally with your legislators at
some point, send a similar Zetter now. Let your legislators
know of your local cost-cutting and revenue raising efforts. . .
where it has been necessary to abolish positions, lay off
employees, and use up reserves. Ask them for a commitment
not to vote for any tax reform bill in 1971 unless it improves
the annual growth rate of municipal revenues.
2. Educate your community - Point out the nature and effect of
your fiscal problem to community groups, particularly the
business segment of your community. Get them committed now
to the idea that in addition to improving equity, tax reform
must result in a more adequate city revenue base. Build the
grass roots support that is essential.
The statewide campaign effort cities are undertaking will be an uphill fight.
. We can be successful, but your continuing assistance will be required. Vic-
tory will depend almost entirely on regular communications with legislators
and the determined development of grass roots support. Begin now and keep
it .up!
b. Regional Government. The enclosed resolutions include No. 13 on the principles
of regional government organization. The following statement by Councilman
Dick Brown from El Cajon is the reason why the resolution, although controver-
sial, was adopted by a very substantial majority of the League°s General
Assembly meeting in San Diego, October 28:
"The resolution on regional government which we have before us today,
is a statement developed by a special joint committee for the League
of California Cities and C.S.A.C. It appears to me that the debate
is being caused by a difference in basic assumptions. There are
those who assume that local government can continue to neglect their
regional responsibilities, and at the same time not invite State and
Federal intervention in local affairs. For those who believe this to
be true, I direct your attention to the numerous bills aimed at solv-
ing regional problems which have been introduced or passed into law
in the last few years. In the San Francisco Bay area we now have
B.C.D.C. which has removed land use control from cities and counties.
The Metropolitan Transportation Commission has just been formed,
taking more authority away from cities and counties, and. similar
bills have been proposed for the Los Angeles area. Five or six
bills were introduced in the last session of the Legislature to
control development in the coastal areas of California. . One of
these bills would have put land use, from the ocean to the highest
point of the nearest mountain range, directly under the control of
the State, and totally preempted cities and counties. Only one of
these .shoreline bills recognized that local government even existed;
it would have provided for part of the decision making body to be
locally elected officials. All of the other bills ignored local
government and would have displaced them in the most critical area
of land use, planning, and control.
"With these facts in mind, I think we must all admit and recognize
that we do not have the option of meeting or not meeting our
regional responsibilities, but rather, a choice of shall the
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elected- officials from local government make the regional -deci-
sions, or shall this power, by default, be granted- to State and
Federal government. With the-growing problems of urban areas,
I believe it is imperative that we strengthen local government as
the most viable and sensitive level of government to deal with
these vast and changing problems. We must recognize that the
problems are 'different from city to city, county to county, and
state to state, which demands-.that effective programs and solu-
tions to problems can only be developed at the local level. We
must further recognize that within a given area, which we may call
a region, the problems do transcend city and county borders, and
therefore can be most appropriately and most effectively dealt
with on a regional basis.
"'Unless we accept and discharge our regional responsibilities,
you will see the demise of local government, because it will be
a system which is ineffective and unable to solve problems.
"The resolution we are debating today is a giant step forward as
a policy statement which will forcefully indicate to both State
and Federal government that local government is going to accept
their regional responsibilities. One of the key points in this
resolution is that the Councils of Governments shall be composed
entirely of local elected officials, that is, Councilmen, Mayors,
and Supervisors, and I believe this is the one way to guarantee
that the regional body will not be an autonomous third layer of
local government, but rather, one that is a part of, and because
of its composition will directly coordinate with, the present
units of local government.
"Much of the debate has centered around requiring the establish-
went of Regional Councils of Governments in all areas of the State,
and I would speak strongly for that requirement. If Councils of
Governments are established by statute throughout the State, we
have an extremely strong argument with the State Legislature
that all regional functions shall be handled by the Councils of
Governments as an umbrella agency. If on the other hand, Councils
only exist in parts of the State, I am sure the Legislature will.
reject assigning responsibility to agencies that do not exist
throughout the State.
"We are at that critical point of deciding whether local govern-
ment should be strengthened or essentially disappear from our
system. I believe the choice is clear, and I urge your support
to strengthen local government and home rule by voting for this
resolution as presented."
c. Annexation Hearings. Interim hearings have been scheduled by a subcommittee
of the Assembly Committee on Local Government on the subject of annexation
at 10:00 a.m. on December 2 at the County Administration Center in San Diego,
and December 16 at the State Building in Los Angeles. It is our understand-
ing that the purpose of the first hearing is to provide testimony concerning
the need for, and development of, an urban annexation policy in general
without respect to any particular proposal. The hearing will permit
witnesses to suggest principles which should be incorporated in any
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formulation of .a statewide .policy .on annexation., . The second.- hearing will
invite testimony with.respect to particular proposals, including the.
League's proposed revision of the .annexation statutes..embodied last-year
in AB 2400.
Interested city officials desiring to present testimony should contact
Tom Willoughby,.,Committee Consultant, by,November 30, in. order to be .
assured a place_ on the.agenda - Room 2114, State Capitol, .Sacramento 95814,
telephone (916) 445-789.0. -
Clifford F. Loader
Mayor, Delano
President, League of .California Cities
CFL:pc
enclosures
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i
C0P..Y
•CITY OF`PASADEMA::
100" Morth-Garfield Avenue''
Pasadena, TCaliforna
r
October 8;- 1970
The Honorable Frank Lanterman
State Capitol.
Sacramento,-'.California .95814
Dear Frank:
This letter 'is written to' you `at the request and -direction of the Board of
Directors of the City of Pasaderia.' Its purpose is, -to- discuss with you the' finan
cial problem .of. Pasadena, and all .of the cities in California (except perhaps a
handful) and, to; ask your comm: tn,ent to including 1n say 'tax reform program before
the next Legislature the provision fo-r 'substanti,al new revenue or,--revenue sources
for cities.
I know .you 'are' -.'aware +of the _financial problems"�of Pasadena-, 'and- other cities
throughout, the "State. However, we',(and. the cities generally) have failed- to be -
speci:fic.,. _to..keep you and other members of the, Legislature' iriformed"of how serious
the financial problem reahy' is, and' to make`'a real effo`rt with the Legislature 'to
obtain_ a- solution �to ,this financial problem which has reached crisis proportion.
. Perhaps the cities have been':too` gelf 'reliant. The'y-have instituted'econo-
mies' and efficiency Arid ,have,•6xplqrdd and had the, courage to' adopt 'new revenue
sources,. to. install sysaems of charges for services-,' and to increase these charges.
Let me. give a few examples.
The Mayors and Councilmen of the cities took the initiative to- adopt city ,
sales. taxes, city cigaret.te..taxes, city utility users taxes, and city transient
occupancy .taxes. To enact :such taxes requires, political- courage'.' More than this ,
it :exemplifies .and clearly proves that 'citiii"in' California have lived by the prin-
ciple of responsibility-. .for their actions - rt`akinj the responsibility''for levying .,
taxes to support the programs and.eervi.ces. "deemed• necessary.
":Our.General,.Fund..budget for this ,.fiscal year (1970-71) projects a total
current revenue .of, $14,195,608 .The 'four .taxes;"pioneered by cities (Pasadena was
in the forefront) mentioned 'ab'ovi'fotal '.$6,135,bb6 or almost one=third' of the total.
In addition, our fee' .and charges. for, services "total another $1,430,000. On 'top
of all.:_this is :the property tax and'itate -and other subventions; etc.
How about economies acid efficiency. During .the last four years we have =re-
viewed._,the operations, staffing,..and procedures of practically every city depart-
ment. ., Extensive .reorganizations have-been completed which:provide- better service
and,reduced..•cosis per unit of service. ` Unnecessary activities have been eliminated.
Let me give two examples.
- The .first example is. refuse. collection and disposal. Ten years ago in 1961,
we had._a work-force"of 170 men,, plus' equipment', to collect'Wand` dispose of 55,000
tons of refuse. Through route revisions, revised procedures,' and new: and. innovative
equipment, we have increased productivity so that this year (1970) only 80 men are
required to collect and dispose of an estimated 51,000 tons of refuse.
In October 1966, our City Manager began. a .program called Operation Economy.
Departments are required to seek less expensive means of operating and to eliminate
or reduce services as possible within the established goals of the city. A report
is made each six months to the Board of Directors. The last report to the Board
covered the period ending June 30, 1970. It reported total savings, in the three
years and nine months, amounting to $2,784,967. A large portion of the economies
will recur each year (such as reduced or eliminated activities and services). The
reports indicate that the total amount of the economies which will recur on an
annual basis is $1,337,091.
These real economies , efficiency and savings, and the pioneering and insti-
tution of new revenue sources have not met the need. Inflation, including the
requirements for salaries for city employees, has the same effect on Pasadena
(and all cities) as it has on the other sectors of our economy. In addition, we '
are, and must, meet the need to rebuild and .revitalize our city, act to alleviate
the problems arising from poverty and race, and beet the rising crime in our streets.
One startling example. A recent survey has shown an unemployment rate of
23.6% for minority groups in Pasadena. This sari be compared to an overall County
unemployment rate of 6% for August and September.
I said .that we have come to an end of what we can do for ourselves in the
way of new revenues and. new economies. This fact we had to meet head-on in de-
veloping our budget for this fiscal year (1970-71) . We found it necessary to
reduce and curtail basic services, including police and fire. We eliminated from
the city service 104 positions. Additionally, we face the same situation next
fiscal year. Our Director of Finance has made a projection of revenues and ex-'
penditures .for 1971-72 based on the same personnel, services, and activities with
the same revenue sources at the .same rates (but .including natural growth). The
result is that a projected General Fund deficit of $500,000, plus the costs of
salary increases to be arrived at by the new "meet and confer" procedure now
required by State Law. Our best estimate is a deficit of $1,500,000, including
salary increases.
The basic cause of. Pasadena's.'fiscal problem (and the same is true of ali
other cities) is the fact that existing city revenue does not grow at the same
rate as the required expenditures in this time of 'city crises, of increasing crime,
and of the problems arising from poverty and race. These can'only be met, and
solved, in and by the cities. We need the financial resources to do it. '
The State Legislature has contributed to our problems, rather than the
solution. Legislation enacted by the State Legislature has effectively frozen
several of the new sources of revenue, pioneered and adopted by the cities. The-
city sales tax is effectively frozen at 11. The city can-neither increase nor
decrease it. The State has taken"over the cigarette tax and now levies it and
returns, the proceeds to the. cittes on a formula basis. Again, the city can neither
increase nor decrease it. In .the last session of the Legislature there was a bill
to limit the rate on city utility users. taxes, and the year before 'a bill to limit
the rate of the .transient occupancy tax. In effect, the State Legislature is
forcing cities to obtain the needed added funds through increases' in the only major
source available to it - the property tax.
The ironic :anomaly is that at the same time, the Governor and the Legislature
are .attempting. to provide effective tax reform, with the basic premise of relief
to the property taxpayer.
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To meet the financial crises of California cities, not only for the present,
but on a continuing basis, we propose:
1. Action by the Legislature to make available one, or some
combination, or all, of the following revenue sources which
have the possibility of growth and which will bring relief
to the property tax:
a. A city income tax.
b. Unfreeze the sales tax so as to permit cities to
meet needs through increases in this tax.
C. A city tax on services.
2. In providing one or more of these revenue sources, we
recommend that these be city taxes, levied by City Councils,
and collected by the State. In this way the responsibility
for new or increased taxes will be placed on each city - not on
the Legislature; and each city will have the authority to de-
termine which revenue source it will use.
The Board of Directors is asking for your commitment to support, to sponsor,
and to press for the enactment at the 1971 session the city revenue proposal as
indicated above. We recognize that there are many details to be worked out in
such legislation. We will provide every assistance available and work with you
at your request. .
Pasadena, and all cities in California, face a serious situation. In the
time of the crises in the cities, further reductions in services and programs are
unwise and uneconomical and could well lead to greater disruption. The solution
is to provide a revenue base for cities which will permit them to meet and solve
the problems, in the only place where they will be solved - the cities.
Sincerely,
/S/ Walter L. Benedict
Mayor,
City of Pasadena
B:P.s
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Y
S
Y
r . League of California Cities
1108 "0" STREET • SACRAMENTO, CALIF. 95814 j
WORK LEGISLATIVE BULLETIN
TOGETHER
ram:
Sacramento, Ca. 95814 a`
January 14, 1970
To: City Attorneys, City Managers, and City Clerks
Subject: Annexation Law
Attached is a mimeographed compilation of annexation and local agency
formation commission statutes reflecting amendments enacted during the '
1969 legislative session. Section numbers amended or added in 1969-„"
arett4�cated by an asterisk. Reference should be made to the Diest {
of 1� egislation Affecting Cities for changes in CAA law rela , $ >
to incorporations, consolidations, and exclusion of -eF itory. It a `�
should be noted that the attached compilation includes sections of he i
District Reorganization Act of r1965 which relate to procedures for city, `
annexations which are part of district reorganizations.
We have included an outline of the general procedures required for an-
nexation of territory under the Annexation Act of 1913 and the Annexa-
tion of Uninhabited Territory Act of 1939. It is hoped that the outline
will be helpful as a timetable and checklist of the required steps for
annexation under the two basic acts. Reference should always be made
to the statutes, of course, for detailed procedural requirements.
Copies of the following 1969 chaptered laws affecting annexation pro-
cedures and local agency formation commissions may be obtained from
the Legislative Bill Room, State Capitol, Sacramento 95814.
Chapter No.
466
598
780
1177
1301
1372
William G. Holliman, Jr.
Assistant Legal Counsel
WGH:pc
:1969..COMPILATION --OF ANNEXATION STATUTES. : .
TITLE.A; _DIVISION L PART 2 -OF.-THE.-GOVERNMENT CODE
Chapter 1. Annexation of Territory
Article.1. General
Sec. 35000. 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 petition. ...
Sec: 35001. A petition.f.or..•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.
Sec. 35002: : No .petition seeking the..=annexation or :transfer of territory to
a eity. shall be-circulated or filed, nor shall -any•public.officer:accept any -such
petition for filing, not shall any legislative body initiate proceedings4�o annex
or transfer on its own motion, until approval of the local agency format�--6 com-
a[[
mission'isifirst ,obtained pursuant to•Chapter 6.6-•(commenc g with Sectt n, 54773),
Part 1, Division -Z, Title -5.
Sec 35002.3.. - -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',onei or =are 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.-.ter-ritory.consisting solely of a.highway or: :portion thereof is
created:..
This section shall apply only to annexation proceedings commenced or insti-
tuted after the effective date of this section as amended by the Legislature at
its. 19.63 Regular Session. .
Sec. 35002.5. Territory shall not be deemed contiguous as the word ."contig-
uous" is-used-An. this chapter;:if:-.the only contiguity:ris based on ,a'strip of land
over 300 feetr-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"territory within the boundaries
of another city 'or if ;such-:area -is separated_.from:-the :boundaries of an annexing .:
city by territory within the boundaries:of. another. city;. provided,,.such separat-
, ing 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. separating point. is .uninhabited.as -defined -in ;Section 353.03
of the `Government Code.
Territory shall be deemed contiguous as the word "contiguous" is used in
this chapter if such territory is separated from the boundaries of an annexing
r
city by territories withiti�Jthe-boundaries .of.another city provided such separat-
ing territory became within the boundaries of the other city prior to June 16,
1917, and further provided such separating territory is not in excess of 750
feet in width at all of its separating points, and provided further that said
territory is a par.t of the,"same.'unnified..school'-district_"a_s+.the largest portion
of the city seeking to annex such territory.
Sec. 35003. Notwithstanding the provisions of Section 35002.5, territory
which is wholly owned by a pub 'a
gency 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.
-Sec. 35004:,,:.No 'territory=.comprising lands awned by a•junior college dis-
trict and acquired by such district prior to July 1, 1952, through,a,conveyance
from the board of supervisors 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-.:eonsent.of -.the:'govetning board-of--the junior-
college district. i
Anything in this code to the contrary notwithstanding, territory surround-
ing -lands owned by a'junior collegel district and acquired=bye.such`district prior
t`o-July 1, 1952; pursuant. to-the provisions of 'Section C25560.,.--may be annexed to
a city. '
mod. -35005 Wh -an.°.annexation or :incorporation causes;the loss of.-cus-
tomers served by a person operating under county franchise -license -orgpersuit
and engaged for more than three years in private refuse collection and disposal
service, the--city'ehall.-permit 'such• person to lcontinue::service for':a•+period of
three years provided the-.service:--meets the,quality:-and-f-requency of'service
required by the city -or:provided- in.•other areas-,-:of .the •city..!not served by such-
person.
Nothing- in'-this;section,shall be=construed• -to• limit .the•:right•-of -the city
or the operator to provide for a termination of business prior to the three
years upon mutually satisfactory terms of settlement.
Sec. 35006. When uninhabited territory owned by a city..is'. annexed, •pro-
ceedings may be had under Article 3 or Article 5 of this chapter.
Sec.: 35007. -The"legislative _body- shall..have power to terminate :annexation'.
proceedings iat any time .prior�-to the date seE':for the hearing of .protests: How-
ever, 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--liear andpass upon-al-i protests so :made in the
scanner provided for in`:Section•.35121 or 15313; whichever.is applicable to the
proceedings, even 'though. the.'proee'edings have been -terminated. The 'city legis-
lative body shall;,:at the,hearing--or-.within..30.:days! thereafter, ':find•'and declare
by resolution whether-"or- not--A, majority :protest 1s,_made:: If-the `city Aegislative
body -finds that °'a=majority protest ::as 'therein provided'is- made, '.,no further pro
ceedings for the- annexation- of- any-Jof the territory.-shall .be .taken. for.'one year
after the 'date of :the adoption =of.-the resolution_,except..upon :the petition or-
consent of all property owners of the territory proposed to'be- annexed: -If the ,-
city legislative body finds that a majority protest as therein provided for is
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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- miy-.be instituted_ . ..
and proceeded with as provided in this chapter at any time after the date of
the adoption of .the resolution.
' Sec. 35008. 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-ennexation`°
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 prop-
erty from the territory annexed. , If- the annexation .proceedings have. been-com-
pleted, the legislative body shall- transmit a certified: copy of•such. resolution,
describing the boundaries .of,the annexed.territory., as:changed,•.with the-Secretary
oU State, who 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-.-
Sec. 35009. Any land which is by consent of the -owners zoned and restricted
for agricultural purposes.'exclusively pursuant -to .a master.p an for land.use: in
any county shall not, while it is so zoned, be annexed to a-41ty 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 territory for purposes
of Sections 35158 and 35326 -
This section shall apply only to counties which have- on or.before December
31, 1954, adopted a master plan for land use which 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:.annex
ation' of roads,-and land so zoned shall not tie included.-in computing the_ one-half
mile limitation under-Government•Code Sections 35105..S or 35304.5 as: to-any ter-
ritory situated outside of the land so zoned. - -
Sec. 35009.1. Any land which is zoned .And:restricted- for agricultural: pur-.
poses exclusively pursuantito' a general -plan for land.use,in any- county--and .which
was',' at` the time it was so zoned.-and restricted,. not located within: three.miles.
of the boundary of any city:shall. not, while it-_is so..zoned,-- be-annexed.to-:a::-,city
pursuant- to Article 2..(commencing with, Section .35100) or Article• 5-,(commencing.
with.'Section 35300), withoui'=the coiisent�.'of two--thirdd� of the :owners of land-....
which is proposed to be annexed.
Land so zoned shall not -be considered' unincorporated!.territory,_for purposes
of Sectious -35158 and 35326, This section shall-not apply,- to counties which have,
on or•`befoie December 31, 1954, adopted a -master plan for land use which includes
provision for the zoning and .restricting of land for exclusively agricultural pur-
poses.
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This section shall apply only to counties which have adopted a general plan
for'-land,:use which•- includes provision- for the zoning and- restricting: of-.land for
exclusively-agricultural`purposes.'.
This section shall not be construed and is nor-ititended to prevent the
annexation of roads, and lands so zoned shall not be included in computing the
1/2-mile: limitation-..under- Government Code'-Sections 35105.5 or- 35304.5'as..to any
territory situated-outside of -the land- so •zoned,. - >
Sec'. 35010 -!Any.territory which. is- zoiied. and:restricted for airport pur- -...
poses-'exclusively pursuant to•a master plan-for•latid use in-any county. which- is.
subsequently annexed to a city pursuant° to-Article 2 or 5•of this .cbapter. bhall7.
continue to be subject to:-such use restriction, notwithstanding any city zoning, ,
ordinance&,•-unless 'consent. to a.,change in' use. is granted'by the. landowner-of the
Sec: .35011. � If a suit:is =brought-attacking the regularity-or:validity.:of
annexation•=proceedings :completed.pursuant.to,this: chapter and..the. city:which has,
annexed such territory•ie:- enjoined .from. exercising jurisdiction.over::such ,torri-
tory until- the• final disposition-•of:such suitl,i.such. territory shall be.deemed• to
be unincorporated. and'county::ordinances ishall•,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.A-to unincorporated •:territory- in the<county,. until the final
disposition'of:-such suit; and thereafter if it is. determined• that, the annexation
proceedings were invalid.,_
Sec. 35012. Any person making a protest to an annexation or to .an�.annexa-
tion election may withdraw his protest at any time prior to final adjournment of
the-hearing.on protests .by:filing with the clerk of.the.:legislative. body of: the
annexing city a written statement that he withdraws his:protest.. : If- the with-
drawal is made during the hearing the written statement may be filed with the
legislative body or with the clerk.
35014.. No:tidelands..or,submerged••lands which::are _owned:_by the_.state -or-
by its-grantees.in 'trust••:shall be annexed: to a city- except -that,portion of such.,
tidelands or submerged lands encompassed within the ,seaward- or waterward exten- -
sions of the existing land boundaries of the city, or of the proposed land
boundaries oft the territory being annexed,as .part-of. the same proceedings:, ex-
tended' from= the point:where-the: land boundaries intersect the .shoreline- at.,such
anf angle to,- the shoreline and following, such,a course :or,.courses as may be._
approved by the State Lands Commission..:.-.
"If,any- such tidelands_,or-,submerged lands: shall be- ;included within- the bound-
-ari'es of any territory proposed to be-annexed.-to a,city, .a description of such
m .
boundaries., together with. a map showing such boundaries, shall be.. filed with the
State Lands Commission;. :-,,S.uch- filing :shall be made-..prior- to :filing -or -taking_,,any,
action. under Chapter 6,6 (.commencing-with Section.,54773)., Part 1, Divisiou..2,
Title.5:' The.-State :Lands:Commission shall; approve:;or .disapprove :all portions of
the boundaries located upon such tidelands or submerged.-lands and in. making .such.
determination it shall, where feasible and appropriate, require such extensions
of land boundaries`of. the .city to. be. at :_r1ght.,gngXes ;to the general direction of
the shoreline. at each point of .intersection-.of -the. shoreline with the ,land bound-
aries'`of the city, -provided -that,;.in.:the. interest of-insuring an orderly ..and ,
-4-
equitable pattern of offshore boundaries, it may establish.such other angle and
such other courses for each such offshore boundary as it may deem necessary con-
sidering any irregularity -of the-shoreline, other geographical features, .the
effect of such offshore or- submerged lands annexations on the uplands of the
city and adjoining territory, and the existing and potential boundaries of other
cities and of unincorporated communities.-
Within 45 days. after the filing-=of the boundary description and map with the
State Lands Commission, said commission -shall. make a determination of the proper
offshore or submerged lands boundaries. Said- determination shall be final .and
conclusive. Failure to report-within said time shall be deemed approval of the
proposed offshore or submerged lands boundaries.
The costs incurred by the State Lauds- Commission in connection with making
such determination shall be paid by the city.
The State Lands Commission shall report its determination to the:city, 'to
such other person or persons, if -any, as shall have filed said boundary descrip-
tion and map, and to the executive officer of the local agency formation commis-
sion. Thereafter, filings and action may be taken pursuant to Chapter 6.6 (com-
mencing with Section 54773) , Part .1, Division 2; Title 5. Pursuant to said
Chapter 6.6 the local agency formation commission may review and make determina-
tions as to all portions of the boundaries, other than said offshore or submerged
lands boundaries.
For purposes of this section,- submerged lands include but are not -limited to
lands underlying navigable waters irrespective of whether or not such waters are
subject to tidal -influences. ;
Sec. 35015. In any annexation pursuant to this chapter, the territory pro-
posed to be annexed maybe annexed by the legislative body of the city without
notice and hearing and without an election, if all of the owners of the. 1and
within such territory consent in'writing to such annexation and :i.f the local
agency formation commission gives its approval and authorization pursuant to
Section 54797.1.
Article 2. Annexation Act of 1913
Sec. 35100. This article :may be cited as the Annexation Act of 1913..
Sec. 35101. 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.
Set. 35102. 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.
Sec. 35103. The boundaries of any city may be altered and new territory
annexed to, and incorporated within, -it pursuant to this article.
Sec. 35104. To qualify for annexation, new territory shall be contiguous
to: (a) the city, or (b) contiguous territory where the electors have voted-for
annexation to the city.
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Sec. 35104.5. Real property belonging to, a-public agency may be annexed
pursuant to this article.
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.Sec. 35105. 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. :
Sec. 35105.5. Notwithstanding the provisions of Section 35002.5, 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 connects, such territory.to a 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 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 @hall ,not. be annexed if the"
distance measured by the "road strip". is more then-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 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 connects. such territory to the city if
the point at which such ".road strip" connects such- city .with such "property to
be annexed"- Ur 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 territory 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 proposed to be annexed which con-
stitutes the "road strip" of such other territory.
Sec. 35106. The consent of the city .legislative body shall be obtained
before any proceedings. are'commenced pursuant to this_ article,
Sec.' 35107: Subdivided territory shall no to a city without
prior consent of its legislative body., if-,the design.,,of;the subdivision and the
t
construction of buildings or public improvements within. are inferior to ,
standards. required by the city ordinances and regulations.
Sec. 35108. tIn •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.-
Sec. 35109.-- ti If, within forty t(40) days from the date, the- matter. is re-
ferred to the commission, the report or recommendation is not filed with the
legislative body;: it:may-act without such report or recommendations. ,
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Sec 35110. Territory 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.
Sec. 35111. Before'circulating' a' pet-ition relating to' alteration of the
boundaries of; or annexation of 'territory to, a .city, the proponents shall
publish a notice of 'intentiori'-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.'
Sec. 35112. Wi-thin 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.
Sec. 35113. Within 15 days after such filing the legislative body may adopt
a resolution acknowledging receipt of the'notice and approving the circulation of
the petition.
Sec. 35114. 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- securiiig the consent to circulate provided in
Section 35113.
Sec. 35il5. When a petition for the'-annexation of any-new� territory, con-
taining a sufficient number of val-U signatures, has been received by its legis-
lative body, Jurisdiction over thei'proceedings is acquired, and until annexation
to such .city has been defeated by t_ he electors of the territory or the electors
of the city as provided' iti Section-
ection 35122, or until proceedings 'relating to the
annexation 'become void or'-are `otherwise terminated:
(a) No other petititon provided for in this division asking for the annex-
ation of any of the �territor}: described in- the- filed- petition shall be filed,
presented to or acted 'upon by' the -legislative'body of any 'other city.
(b) No other legislative -body shell_ consent to'-the circulation of a'-peti-
Lion 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.
(c) No notice of intention to circulate a petition for incorporation of any
part of the territory described.-in the filed petition shall be filed.
Sec. 35116. 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- -iniention to submit the' question to the electors of the
city if such election is required pursuant -to Section 35122. -' The city clerk and
the county officer having .chaige' of the registration of voters shall, within two
weeks, check the petition And certify the sufficiency thereof. If the clerk's
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certificate shows the petition to be -insufficient, rthe -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 registration 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.=.
Sec. .35117. The resolution- shall- describe specifically ;the.boundaries-;of
the territory proposed to be annexed and ;designs_te -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.
Sec. 35118.. _ A hearing.-shall .be held, not. less than. fifteen nor more than
forty days after- the passage of the resolution.-
Sec. 35119. The city clerk shall cause a copy of the resolution to be
published pursuant. to. Section, 6066 in a-newspaper of..general-:circulation .pub-
lished 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 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_ t assessmen roll., 'with:: said. clerk_. Said :notice ,
shall be mailed not less than twenty (20) :days; before.:the. first .public',hea-ing
on the proposed annexation.
Sec. 35120. At any .time,not: later than: the; hour set; for _hearing objections
to the election,- any. owner of property within .the territory may. make a written
protest against the annexation. If at the time set for hearing objections to
the annexation, -protests have_ been, filed which are insufficient to terminate
further .proceedings•, the, meeting shall: be recessed .for,-a .period of not. less than
10 days .and supplemental protests may be filed within -such period and until the
hour set for reconvening the hearing. 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 equal-
ized 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-;ar tic le,,.11owner" means .the
owner .as- shown, on ,the: last .equalized .assessment..roll,_ or the person .or .persons
-entitled. to be. shown..as. owner on. the; current- assessment roll who shall be deemed
the 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 be-
half .of: a .private corporation which.is. an-owner. of- property by any officer or
employee of the corporation w%ithout written..authorization by .the corporation to
act as agent or make such protest.
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If protests are made-by petition, the-petition shall, contain the same .infor-
mation required of 'individual .protests, and ..there shall be attached :to.'the peti-
tion 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 affiant circulated that particular paper, saw
written the signature appended thereto; that .he resides at --------r; and that
according to the best informatioh and ,belief of: affiant: .
(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.
Sec. 35121. 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:
(a) If privately 'owned property and no publicly owned: property: is proposed .
to be annexed, further proceedings shall not be taken if protest is made by pri
vate 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 ie 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:.pr.ivate �owners of one-half...of the -value of•.the
territory. ; The value given privatelyowned property _shall:,be determined pur-
suant to,subdivision (a) of this section. •The value given publicly;owned
property,-ipr 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) 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 .territory01.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 assessor by the protestant and submitted to the -legislative
body with the written protest.
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Sec. 35121.1. The ,city legislative body shall find .and declare by., resolution
adopted at the bearing or within 30 'days after the closing of thd' hearing on pro-
tests whether'.or not a majority protest has been made. If. it .does not adopt such
a resolution within such period; it shall 'be 'deeemed to have adopted 'on the 30th
day a resoluEion'that 'a majority protest has_.been made.-:
If 'a resolution finding and declaring that' a' ma3ority` 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' except upon the'-petition 'or consent of all property
owners of the territory proposed to be annexed.
Seca 35121.5: If the city legisI tive�body finds by 'resolution.adopted. pur-
suant 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 t-o be annexed- 'as it finds proper,',but- it
'shall,-not include any. territory outside of, the boundaries described in the'peti-
tion nor shall it diminish the land area of the territory proposed to be annexed .
by more than 5 percent.
*Sec'. 35121.6'. -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 local agency formation commission pursuant,to
Government Code Section 54799:1- for reconsideration: (Amende'd-by Stats_1969 ch.
1301:) _
'.Sec. 35122. It. it- finds: by resolutioa'adopted pursuant to Section -35121.1
that a majority protest-'-ie'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 pro-
test or supplemental-.protests:
If it finds that the 'alue `of the territory proposed-to'b'e -annexed 'equals
one-half, or more, of -that''within the city, as -shown'by the last" equalized - '
' '
assessment rolls, 'or -thatihe number 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'legislative 'bbdy-
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 re-
siding.within 'the territory proposed to b&- annexed.
The `city 10_gislative'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 tek#'
tory by the city for one year.
Sec. 35123.. -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 newspaper 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� weeksl`next preceding the election'-in three public places within
the territoiy.
'
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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 35.12.2 of this
code, then the city legielative•bodylshall cause- noiiee of this election to be
published-once a week for four weeks prior to- the- election in a `newspapei 'of
general circulation,- printed'and published inside the city, or if` tlere is none,
by posting it at least four weeks next preceding the election in three public
places within the territory.
Sec 35124. The notice `6hall: (a). -State the date of the election. - (b)
State distinctly the proposition to be submitted. (c) Describe specifically the
boundaries of the territory proposed to be annexed. (d) Designate the name by
which the territory-may be' indicated upon-the election ballots, which shall be
that -given it 'in the resolution of intention to` call a-:spe'cial 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 annexa-
tion is completed. -
C',Uc. 35126. The legislative body shall establish and designate in the notice
the voting precincts ' legislative -body
places- at- which polls will be open for the election.
The places shall be those` commionly used for voting, 'if 'there are any.
Sec. 35127. The legislative body shall appoint two clerks, one judge and
one inspector for .each voting place; as.officers of'the election. Each officer
shall tie a qualified voter of the voting precinct ,in which he is appointed to act.
Sec. 35128.- : Upon the ballots used `at the election_shall' be printed the
words: "shall (insert the namie '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.
Sec. MO. If an 'elector stamps- a 'cross in -the.voting square after the
word "yes", his vote shall b6 '6ounted for- the •annexation, 'and if he' stamps a
cross in the voting square after the -word "no"-,- his 'vote shall-be,counted
against annexation.
*Sec._ 35130. - Except as otherwise provided, the ballots used, the opening and
closing of -the polls, -and the conduct of the'e'lection in the territory shall con-
form as'nearly -as possible with the' Elections Code provisions governing municipal
elections in general law cities: -:,(Amended by Stat6 1969 ch '780.) '
Sec: 35131. - Immediitely'ohi the closing of the polls the election officers
for each polling place shall'coiint`'the 'ballots, makeup 'certify, and seal the
ballot's and tally sheets of'the,ballots ,cast, and deliver'them with the returns
to the clerk of'the city legislative body.
Sec. 35132. At its next regular meeting held at least three days after the
election,, the city legislative body shall canvass the returns. The canvass shall
be completed at the meeting, -if practicable' or as soon as possible, avoiding
adjournments.
Sec. -35133. Immediately upon the completion of.-the- canvass, ' the legislative
body shall cause:a record to -be entered upon- itsimineites stating the proposition
submitted, the number of votes cast, and the number of votes cast for and against
annexation- in 'the election within the 'territory proposed- to be annexed and in the
election within the annexing city, separately Pm,-if the election within the city is
required to be held as provided in Section 351.22' of this node`.
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Sec.. 35134. . If In any: election .requiredto 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,-- Y within 12 months
after the result of the election has" been. canvassed and. declared. _
Sec. 35135. 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.
Sec..;. 35136. , If. the. legislative. body.fails to approve the annexation,_ it
shall submit the question to th_ e.electors- of.the city at the next general or
special municipal election, or .at-a special election called for that" purpose. ";. .
Sec. 35137. 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.
"Sec. 35138. When .the "question of"annexation of two. or more bodies of new
territory is submitted at:.any municipal"election, the" notice of the.election
shall state, as separate propositions 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.
Sec...35139'. -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.
..-Sec.:,35140 Immediatel. y upon" completion.-of the canvass of any municipal
election .m .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.annextion..
Sec. .35141.,_,_Where the.,question of. annexation. of; two; or.more territories has
been submitted at a municipal election, and one or, more. of ,the territories is
contiguous to another" territory but .not to- the city, a:.favorab.le 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 noncontig-
uous territories contiguous to ,the city.
Sec. 35142. If the majority of the votes.cast on. the. question is for anneic-
ation, 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.
Sec. Where th.e: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
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any record of the votes.-cast .or, the- elections held upon-.the proposition of :the
annexation-.of any body of new territory which-is. not .effective pursuant to this
article.
Sec. 35144-. : :If annexation was approved. by ordinance, :a certified copy-of
the ordinance, giving .the:date of its passage, shall be substituted for the:copy
.of the record of the canvasses.
Sec. 35145. 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.
Sec 35146. - From the-.date of filing by -.the Secretary of State, .annexation
proceedings are complete. The annexed territory is a-•parx 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 prop-
erty. .taxes, the territory shall- be deemed -a-:.part- of the city from the .date of
filing.by the .Secretar-y 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 -pursuant to
Section 34080, whichever -occurs later.
Sec. 35146.1. 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.
Sec. 35147. - When any'.city to which -it is proposed to annex territory pur-
suant to- this article has incurred, or authorized. the incurring of,.any -bonded
indebtedness for the acquisition,.-construction, or completion of any municipal
improvements, ..or -has fixed an .aftount, of money .to -represent the value to the
territory to-be. _annexed -of"municipal improvements already paid. for .by city tax-
payers, the petition presented to the city legislative body may contain a
request that the question submitted to-the-,!electors -residing- in the territory
shall be, whether the "territory shall be annexed, and. the.,proper:ty in the
territory subjected to taxation after annexation equally with !the property
within the city, to pay any specified portion of such bonded indebtedness
outstanding.or authorized at, the •date of the -first publication 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 residing- in the territory shall .be, whether the territory shall.be
annexed, and the property :in: the territory subjected to taxation after. annexa-
Lion to pay the amount of:money,fixed t6.represent the value to the territory
of municipal improvements -already paid;-for by city taxpayers.
Seca 35148. If such.a request, or requests,- is -made in the petition, in
addition to the matters required by Section 35124 the notice of election shall:
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. l
(a) . With-respect. to-a.request_for assumption .of:bonded indebtedness: (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 outstanding 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 pay
able, or to be payable 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 sub-
mitted.- .(2) State the amount.of.,money fixed..ta represent the value to the
territory 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
oti=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 cify' legislative body for collection of the amount fixed by taxation.of-
property in the territory.
Seca 35149. In-all other particulars, the •annexation shall be conducted as
if there were no question of assumingan,indebtedness, or tax-liability fore
municipal-improvements already paid for by.-city taxpayers..- ,.
See;7 -35150.' 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.
Sec.- 35152. =Except as_:provided in-this article -property within such
annexed territory ��shall not•'be-taxed to pay any indebtedness. or:Aiability-of-
the' city contracted prior to'or existing.at the time,.of annexation.
Sec. 35153. Where territory is annexed to a city divided into wards, or
to a city- which later divides itself into wards, the .legislative body; by.:.
ordinance;.- sholl 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.
' Sec:-_35154.- In.altering"'the boundaries of wards; or creating new wards,
each ward shall contain , as -near'::as possible, .an equal •number of-Anhabitants
eligible •to. citizenship.
Sec.- 35155 Any-.proceeding:held .pursuant to this article does not..alter
or affect the boundaries -of _any senatorial or:assembly :district.
Sec.' 35156. 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- Disttict -Improvement 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,..widening,
extending or- change of grade'of- streets- or other'-public-places. Such proceed- .
ings shall be continued by the county initiating them as if the territory
affected were not annexed.
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Sec. 35157: All proper expenses 'of proceedings 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.
Sec. 35158. 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.
7Article• 3. Territory Owned by-the City or a Continuous School- District
Sec. 35200. Contiguous territory owned by a city-may be-annexed to and
incorporated within'-it, pursaant 'to this article.
Sec. 35201. Contiguous uninhabited 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 property are com-
menced, the school district I shall file with the-city legislative body a verified
petition describing the territory, alleging facts qualifying:it for annexation
pursuant to this section,- 'and requesting that it -be annexed. .
Sec. 35201.5. Pursuant to this article, a city may annex noncontiguous
territory not exceeding 100 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 completion 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 apart of the city.
If territory is annexed pursuant to this section, the annexing .city may not
annex any territory not owned by it and not contiguous to it although such terri-
tory' is contiguous to the territory-annexed .pursuant to this section: z
Notwithstanding any other provision -of 'this section to the. contrary, a city
which annexes territory 'pursuant to this section'may'annex pursuant .to this
article additional territory which is owned by the State of California and which
is contiguous 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 annexed territory or one or more registered voters reside
thereon, the subsequently annexed-territory ceases to be part of-Ithe city.
If territory annexed to a city pursuant to this section becomes contiguous
to such city, the limitations imposed by- this section shall terminate.
Sec. 35203. 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.descrip.tion. of the territory and re-
questing its-annexation to the city.
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Sec.i 35203.5: Pursuant-_,to• this:--article- a -city may .annex.uninhabited non-
contiguous •territory`owned by it: for municipal purposes which_ lies. within the
boundaries of, and is part -of ,the .incorporated -territory. of, another city situ-
ated in the same county as the annexing city; provided, however, that the
maximum amount--of territory:-so annexed-•in:any •one.proceeding shall` not exceed
100 acresrin area. . Such uninhabited territory.may be annexed :in. a: single pro-
ceeding notwithstanding .that it -consists of more than one- parcel..of land-, and
notwithstanding that the parcels,-if there-are -more. than-:one•, are not contiguous
to each other.
Proceedings shall be. commenced in the manner specified--in Section :35203
except that prior to commencement of the proceedings, the legislative body of
. the city.-.in which-.the territory-.to be annexed lies shall, by a four-fifths-vote,
approve the transfer of the property--to be .annexed .to .the.annexing.city,- and. the
record of such vote shall be transmitted to the board of supervisors together
with the petition of:the- annexing city: A taxpayer in either city may object in
the manner. specified•.an Section .35205: ;.
Sec. 35204. Upon receiving the petition, the board of supervisors shall
cause notice of -the proposed annexation to..be-published Jn 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.
Sec. 35205. ,:-Any taxpayer .in the, county or city may obj.ect•:to the annexa
tion by filing -a written protest .with the-board of. supervisors.
,.Sec. .35206. 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. . . -
Sec. 35207. 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.
Sec. 35208. If the board .of .Aupervisors:.approves 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.
Sec., 35209. .. The documents shall be•;filed.by the -Secretary of State and the
.clerk of the board of.supervisors.
Sec: 35210. 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.
Sec. 35211. .-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.
Sec. 35212.` ' Where territory' is annexed to' a- city divided into-wards, or to
a city which later divides itself into wards, by'-ordinance the *city legislative
body shall alter the boundaries of the wards to include the annexed territory
-16-
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 ex-
ceed the number which the city is allowed by law.
Seca 35213. Any proceeding held pursuant to this article does not .alter or
affect the boundaries of any senatorial or assembly district.
Article 4. Territory of an Adiacent City
, Sec... 35250. .Upon receipt of a petition for the alteration of•. the boundaries
by the exclusion of apart 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 altera-
tion, by a four-fifth vote of its members.
Sec,. 35251. If, the proposed alteration is approved by the legislative bodies
-of, both cities, the legislative body of the city from which the territory is pro-
posed 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 .provisions relating
to municipal elections. .
*.Sec. 35251.5. It shall not be necessary-to obtain the approval)of the bound-
ary alteration by the legislative body of the city from which the territory.would
be excluded when the territory is: (a) Within a single block, (b) Zoned for single
family residential use, and (c) The boundary line between the two cities runs
through each of. the residences located upon the territory_.to-be -excluded.
If the boundary of two school districts is the same as that of the cities, the
transfer made under this article pursuant. to this section shall also change the
boundary of the school districts so as to be .identical•with .the new boundary of the
cities. (Added by State 1969 ch 598.)
Sec. 35252.. The legislative body-shall give notice of the election by pub-
lication 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 proposed 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:
Sec. 35253. :Upon..the•ballots usedmat.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)?".
Sec. 35254. If a majority of the votes cast in the territory is against ex-
clusion, 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. .
Sec. 35255. If a majority of votes cast in the territory is for exclusion,
by an order entered upone4ts �minutes, the legislative body shall cause its clerk
to transmit to the Secretary of.:$tate a certified abstract.-of the vote showing
the number of electors...voting. and the number :of votes cast for and against exclu-
sion. _
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Sec. 35256. 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 'supervisois •of the county in which •the' cities are situated:
Sec. 35257. The clerk of the legislative body conducting the election shall
file the affidavit of completion. =
Sec. 35258. From the date of filing such documents, the alteration of terri-
tory is complete, and the territory ceases to be a part of the city from which it
was excluded.
Sec. 35259. 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 .proportion of liability for any payment •on the principal-.and interest
Sec. 35260. When any city to which it is proposed to annex territory has
incurred; or authorized the incurring of;: any bonded indebtedness for the acqui-
sition, construction, 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;•iequelly with the' property within -the city, to'pay" any specified
portion of such bonded indebtedness outstanding at the date -of the 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':4:5. -Transfer "of territory fr6m'0ne City
to a Continuous City
Seca 35270. -This article provides- an alternative procedur'e -for the- transfer
• �'of' territory from one "city--to a'contiguous city in'•the same county:•
Sec. 35271. Proceedings to transfer territory from one city to a contiguous
city are initiated by-filing with the'boar&of supervi'sors. of the -county -in which
the cities are -situated :either.
a. A petition�-sign.ed-by not :less -than--25 percent of:the registered `electors
residing in the .territory to be transferred if the territory is inhabited, or -'
b. A petition signed by 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 territoiy •is- situated if the territory
is uninhabited; or
c. A resolution of the legislative body of the city in which the territory
is situated.
There shall be filed with the petition a resolution•of -consent -to the- transfer
adopted by the legislative body of the city in which the territory is situated.
In every case there-shall -be--filed with• the petition =or resolution a resolution
of consent to the- transfer.adopted-by the legislative°body -of the city`to which• it
is proposed to-transfer'-the territory. ' The petition or-resblution shall-contain a
description of the territory proposed to be transferred, the name of the city in
which the territory is presently included and the name of the city to which it is
proposed that the territory will be annexed.
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*Sec. 35271.5. It shall not be necessary to obtain a resolution of consent
to the transfer adopted by the legislative body of the city in 'which the territory
is.-situated or -the approval of such city -under Section 35273 when the territory
to •be !transferred -is: (a) Within a single block, (b) Zoned for single family
residential- use,: and' (c) The-boundary line between the' two 'cities- runs through
each of the residences located upon• the territory to be excluded.
If the boundary of two school districts is the same as that-of the cities,
the transfer made under this article pursuant -to this section shall also change''
the boundary of the school districts so as to be identical with .the new boundary
of the cities. (Added by Stats 1969 ch 598.)-
Sec. 35272. The clerk of the board 'of supervisors shall, without delay,
cause notice• of the proposed transfer to be published in each of the affected'
cities pursuant to Section 6061. The notice shall'contain a general description
of the territory to be -transferred, the city in which the territory is presently
situated and the city- to which it is proposed to be-annexed, and announce the time
and place written protests will be heard which shall be not less than• 40 nor
more than 60 days after the date of the first publication. The clerk shall mail
a copy of such notice to- the legislative body of the city from which territory is
proposed to be transferred and to the legislative body of the- city to' which the
territory is proposed to be annexed at least 30 days prior to the date set for
hearing:,
Sec. 35273. After hearing all persons interested in the proposal, the board
of supervisors shall grant or deny _the request by resolution or, if the territory
is inhabited,' it may require an election to be held 'on the question. If the board
grants the request, it shall determine whether all or only a part of the territory
shall be transferred. If the board desires to change the boundaries of the terri-
tory to be transferred, it shall first secure the approval of the local agency
formation commission pursuant• to' Section WWI and the cities affected by the .
proposed transfer.' If the board requires an election- to be held, it shall be held
only in the territory proposed to be transferred, except that it shall be in
the entire city from which the territory will be transferred if more than 25 per
cent of the assessed valuation of such city is located in such territory.
-Sec. 35274. At any time prior to final adjournment of the hearing, any owner
of property within the territory may file written protest'against •the-transfer.
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 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 owneY'as shown--on the last equalized assessment roll, except
that-the person entitled to be shown as- owner-on 'the- cuirent• 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 on behalf of• the owner by an agent auth-
orized 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 authorize-
tion by the corporation to act as agent'or make such-_protest.
Sec. 35275. At the time set for the hearing, the board of supervisors shall
hear and pass upon all protests so made:
(a) If privately owned property and .no- -publicly. owned•.property....is. proposed
to: be transferred, .further proceed inge, shall not be -taken- if :protest is.mmade. by
private owners of one=half• of.:the value of- ..the territory _proposed. to 'be trans-
fer_red. , The value given such- property .for protest purposes shall. be. that; shown.,
on the last equalized. asseesment 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 prop-
erty if it. were- not exempt from taxation.
(b) If privately owned property and publicly-owned property are,proposed to
be transferred 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 pursuant.
to.-subdivision. (a) ,of this. section. The value given .publicly-owned property.for.
protest purposes shall.be .determined by- the county:asseasor_ 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 purpose 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 agreement to buy, the
purchaser under the,.agreement may protest :and the seller ,may!-riot:_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 assessor by the protestant and submitted--to.--the-board-of-
supervisors with the written:protest.
Sec. '35276. The board of supervisors shall find and declare by resolution
adopted-at the hearing or :within 30 days after the closing of the hearing whether
or not .a majority protest has been. made. Jf it does not adopt such-a resolution
within such period,. it shall be -deemed to have.adopted.on the.-30th•.day. 4- resolu-
tion. 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 transfer of any of the
same territory to-.the city shall be taken :for- one. year after the date of-the
adoption of .the resolution except..upon the petition- or. consent: of all._property
owners of„the territory„proposed .to :be..transferred.
Sec. 35277. If an.•election. is` required,. the..legislative body.:of' the city
from which the; territory .is. proposed. to.be traneferred .shall submit -the question
as specified in the_resolution:of the. board of .aupervisors to the .electors at a
special..election -to be held for: that purpose. :.,The election ,shall'be.-held pur
suant to the Elections Code.provisions relating to_ municipal. elections.,and_Sec-
tions 35252 through 35257 of the Government Code shall be followed.
Sec. 35278. If the board of supervisors .grants. the-:request to transfer the
territory without election, the clerk of the board shall enter upon the minutes,
certify and transmit to the Secretary of State and to the legislative bodies of
the cities affected copies of the resolution approving the transfer. The clerk
shall also file the affidavit of completion and statement of boundary change
required by Sections 34080 and 54900.
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Sec: 35279.: The board=of supervisors may- fix the date the--transferred terri-
tory is: a...par.t of: the city in. its' resolution 4pproving; .either-with or without
election, the transfer. The date shall not be later than one year after the date
of filing by the Secretaryof. 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. tax, 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 board-of supervisors, the territory is .a part of the city-for -all
purposes from the date of filing by the Secretary of State.
Sec. 35280. This article does not relieve any .part.of the territory-from
liability for the debts contracted-.by the city. prior. .to°-the ,transfer to the con-
.•.:•tiguous city: The.city from.which the..territory- is transferred shall levy and
collect: .from the transferred territory its`°proportion of liability for any.pay.-.
went on the principal and interest .of'such debts.
Article:5. Annexation of Unihabited Territory Act .of -1939
Sec. 35300. This article may be cited as- the'Annexation of Uninhabited
Territory Act of 1939.
Sec.. 35301. 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 alonei apply.
Sec. 35302. The boundaries of a city- may.-be altered and contiguous uninhab-
ited territory annexed to, and incorporated within it, pursuant to this article.
Sec. m35302:5. Real property belonging to..a. public -agency may be annexed
pursuant to -,this article.
Sec. 35303. 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 peti-
tion for annexation or the institution of .proceedings on: motion of the city legis-
lative body.
Sec. 35304,. 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.
Sec. 35304.5. 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.suchiterrito'ry 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 annex-
ation 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.
a
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For the-.purposee !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 extentAt abuts such property to the-annexing city.. -
Territory described in- the first paragraph-.shall--not be- annexed if the�dis
-tance 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 "terri-
tory -first. annexed", a:.city shall not annex.:other territory.:c6nsi6eing 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 cif the point at which- such'"road' strip"'-connects
such city with such "property to be annexed".-is .a-.point .1-ocated:on a boundary of
the "territory first annexed," unless the portion of the "territory first annexed"
which constitutes the "road strip" of such territory 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, proposed to
be annexed which _constitutes -the':"road strip"'.'of such' other -territorq.
Sec. 35305. Upon receiving a written petition requesting annexation, contain-
ing a, -description of the -territory- sought to be 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;:an part or in.
whole, is included in the territory sought to be included iti the city, and which
has made written request therefor.
Sec. 35306. 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 annex
ation made by any person owning real property within the territory. In: the
resolution the legislative body may set a date when, pursuant to Section 35318,
the annexation-will_ become' effective if such anne'xationAs completed. -=
Sec. 35307. -The: hearing shall be set-not less,than. 40. nor..more than 60 days
after, the passage of-the .resolution: _
Sec. 35308. (Repealed by Chapter 2045, Statutes of 1965.)
-Sec:: 35310. The legislative body` of a city.:may:-initiate. proceedings -to. annex
the territory on its own motion without,.requiring a-. petition. -If it does;. °the, . -
resolution giving notice shall.declare .that. proceedings have been initiated by the
legislative body and bet forth its. reasons- for desiring annexation.
Sec. •35310.1. :If the petitions is signed :or :consent has been- filed.by`'the.
.owners of all. of- the land in the territory proposed-to'-be annexed, the resolution
giving notice shall declare such fact.' -No written protests-.may be filed: againsti
the annexation by persons owning property in the territory.-proposed to.'be' -annexed.
.-22-
The hearing shall. be set not. more than- 30..days after. the. passage�_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.newspaper of. general_circulation. -
published' in the city. Publications shall be complete at least four days prior
to .the. date :set„for- the.:hearing... If there is no ..such .newspaper.published.within
. the annexing-city, the city-clerk shall:.post a copy of..the..resolution-inot less
than seven .days before. the hearing-:in at :least three conspicuous ,places within.-
. the territory to be annexed.
At the hearing on the annexation, the city legislative body shall hear pro-
tests from any. owner .of property.within the:.city.who does not also owri-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.annexed .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 dimini6h-thel
,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._ t fails to adopt the -resolution within such period,.:it shall.be .deemed to
have .adopted, .on the_ 30th day. of •the .same period-, a -reso.lution.disapproving the
annexation.
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 section.
Sec`. 35311. 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: published _in the.,city; •and also :in .a.newspaper
of general circulation published outside of 'the .city_ -but -in the county in which..: :
is aocated the territory proposed 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 all of. the territory to be annexed,- publicat.ion 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._assess.
meet 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:•als.o•cause.
written notice of such proposed annexation to be mailed to the board of super-
visors 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
'23-
city shall-also-cause"written notice=of: suck*proposed-annexation to be' mailed to
the State Lands -Commission.- Such fiotice'.shaYl be-given not less than 45.-day6"'= `
before the ,firsi,public"hearing °on-'the proposed annexation. =
The-.notices -_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 notices_need_not be sent if the owner •or owners of allot the territory
to be annexed have petitioned for annexation or filed their- consent to- such-annex-
ation in writing with the legislative body.
Sec. • 35312. � 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:description .of 'the 'property sufficient �to identify
it on -the last equalized assessment'roll..- A meteor 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'Towne't 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 -purehaser-ander such agreement to buy shall
.be :deemed. the owner. .-Protests.may be made on-behalf of '.the owner by 'an agent auth-
orized 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.
Sec. 35313.• 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 pro-
tests so, made:
(a) If privately owned property and no publicly owned property 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 '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 pro-
test 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
tha proportionate- interest of.-the protestant in 'such property. - =
(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.
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Determinations of the value of publicly owned property, or privately owned
property exempt from taxation by .the county assessor for protest purpose shall
be obtained from the assesaor-by' the protestant and submitted to' tb.e. legislative
body with-the written protest. :.
Sec. 35313.1. When territory proposed to be annexed consists wholly or
partly of tide or submerged lands owned.-by the-state, the legislative body -shall
determine-the.-value of.®uch tide.ori.submerged lands for the.:purposes.:of.:.this
article.. '.For the •purpbses 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 determination. The costs incurred by the
State Lands Commission in connection with_making 'such determination,.shall:be paid
by thw'-'city. .The• legislativ6 body may-be ,guided by the*waluation 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 value of the lands. During the pendency -of such action further proceedings
foi annexation shall be stayed, *and'tte'waluation determined- by the court shall
be, conclusive upon the legislative body.
The provisions-of ttis '-section shall not apply_to..any proceedings for the
annexation-,of territory commenced-'prior to June 1, 195T. =
Seca 35313.2. -The city-Tegislative body sliall find and declare by resolution
adopted at the hearing `•or.Vithin 30 daytV after the! closing -of the hearing on' pro-
tests whether 'or not a 'maj'ority 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 ha6� been `madd.,
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 ofthe
adoption ofthe- resolution ekcept- upon the petition or consent of all property
owneis' of the territory proposed -to be annexed. =` `
Sec., 35313.5. 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 y pr
oposed to be' annexed as it finds
proper, but it. shall not include -any territory 'outside'of' the boundaries de--
scribed, in the resolution giving notice of-the' proposed annexation nor shall it...
diminish the land •area of the territory proposed to be' 'innexed� by more than 5
percent.
'*Sec. 35313.6. If the- legislaiive,body`.of the city.. makes any changes in
the boundaries- in accordance,wiih the. provisions- of Section 35313.5,''it. shall
resubmit the boundaries as changed. to:. the:local agency formation commission
pursuant to Government Code Section 54799.1 for reconsideration. (Amended by
State 1969 ch. 1301.)
Sec. 35314. If the city legislative body finds by resolution adopted pur-
suant to Section 35313.2 that a majority protest has not been made, the legislative
body shall approve' or disapprove the annexation, by ordinance adopted-within 60
days- after the hearing on protests. IUthe legislative body fails to adopt.the
ordinance within such period, --it shall be-deemed to have- edopted,'`on the 60th: day
of such period, an'ordinance 'disapproving the annexation.
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l
Sec. 35315. 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 for 12 months
after the date of the adoption of the ordinance.
Sec. 35316. 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.
Sec. 35317. 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 board of supervisors of the county in
which the city is situated.
Sec. ,35318. 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 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.
Sec. 35318.1. As an alternative to any procedure prescribed by law for the .
division of taxes of 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.
Sec.. 35319. Property within the 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 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 legis-
lative body prior to .the. adoption of the ordinance approving annexation.
Sec. 35320. When a city annexes territory formerly included in another
city, any bonds or other obligations then a lien on property within the terri-
tory remain as liens, but liability shall not be imposed on the property by the
excluding city after it consents to detachment.
Sec. 35321. All proper expenses of proceedings for annexation pursuant to
this article shall be paid by the city annexing or attempting to annex the
territory.
Sec. 35322. Where 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 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.
-26-
,r.. Sec.--- 5323..., In. altering the-,boundaries- of, wards:. _or.creating-new, wards,
each•,ward• shal-1i contain, -as-nearly as .possible,,an equal number;:of inhabitants -._
eligibld-W citizenship... ; . .
Sec. 35324. Any proceeding held pursuant to this .article does not alter or
affect; the.boundariee-.of, any senatorial or assembly district.
$go.,,35325. _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 Improvement Act of 1919, or any act
relating. -to ,proceedings',for.-the-!acquisition of -lands or-•rights.of;way•• for the use
or imprpyement.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 -proceedings shall:.be:continued..by :
the county:initiating.them;as if .the territory affected were,noC -annexed:
Sec. 35326. Territory shall not be annexed to a city pursuant to this
article if,, as:...a•.result.:of such annexation, 1 unincorporated.jand- territory is
completely surrounded _by;such city or-by land territory of such city ;on.one..or
more-Isides,;and the-Pacific Ocean .on-the remaining sides. -
Article 6. Annexation of Enclosed Territory Act of 1963_
Sec. ',35400:. This article may be .cited_ _as .the-.Annexation. of Enclosed, Territory ;
Act of..1963. .•
;Sec:: 35401.<.:i.Then:proceedings:for :the:-annexation-.of .territory to.,.a city,are .
commenced.':pursuant to_.this -artcle, the..-.provsions;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, constituted "enclosed territory" as defined in Section
35405.,:: ,
Sec..:,35402. •The. boundaries of the, city maybe be. altered: and -enclosed territory
annexed to and .incorporated within: it .purppant.-to this.- article.
Sec. 35403-. The: provisions of Sections-35002.3;.:35002..5; -and. 35008,.shall, not
apply..td;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.
Sec.-: 35404.. :Real..property:.belonging to -a:public agency. may be, annexed .pur- .
suant..to-this:,article. _
Sec. 35405. "Enclosed territory" for the purposes of* this article shall mean
all-or any part -of, lands 4ess than 10 acres in total area, which said lands -are
completelyt;surrounded.•by. .the;annexing. city.. Enclosed territory may be annexed ..., .
pursuant to this article regardless of whether the enclosed territory, proposed
to- be annexed,-is inhabited territory.or.uninhabited. territory withiii.the meaning
of this chapter
. Sec..,35406. Proceedings ,for .the annexation 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.
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Sec. 35407. -Upon receiving a written petition requesting annexation, con-
taining a description"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.
Sec. 35408. The legislative body of a city may initiate proceedings to
annex the territory on its own motion without requiring a petition. 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:
Sec. 35409. " The resolution shall deslcribe 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 resolution, the legislative body may set a date when, pursuant to Section
35318, the annexation will become effective if such annexation is completed.
Sec. 35410. The-hearing shall be set not less- than'40 not more than 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 proceed as set forth in Section 35416.
Sec. 35411. 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 published 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'withi.n 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 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 'countyl
assessment roll available on the date the proceedings were initiated, at the
address shoran on said assessment roll or as known to said clerk, and to any
person who has filed his name, address,, or mailing 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 a written notice of such proposed annexation to be mailed -to the board
of supervisors of such county.
The notices refetred to in subsections (a) and (b) shall be given not less
than 20 days before the first public hearing -on' the proposed _annexa.tion".
Sec. 35412. At any time prior to final adjournment of the hearing"on pro-
tests, 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 description 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
-28-
roll. As used in this .articlen "`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 tbat, 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' imay
be made or withdrawn"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_or withdrawn on behalf of a'private corporation which is' an owner of
. property bjr any officer''or -employee of the 'corporation without written"-authori:
zation by the corporation'to`-act 'as -agent or make such protest.
Sec. 35413. Protests may be filed by the -owner of--'any property included
within the territory proposed to be annexed. The city council may'coritinue 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-pe'rson shown on the last equalized. assessment roll, or the person owning
the equitable interest in the subject real property.
Sec. 35414:-•- The city legislative-body shall'''find and- declare by resolution
adopted at a hearing-or 4ithin- 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 resolu- .
tion that a majority protest has been made. '
If a resolution is adopted or deemed adopted finding and declaring that a
protest is made by the: owners'of real property within the- territory proposed to
be annexed the assessed value of which,"as- shown' by the- last equalized assess
ment roll, constitutes more than one-half of the total assessed value of the . '
real property within the territory proposed to be annexed, no further proceed-
ings for the annexation -,of: 4ny of the-same territory to the city shall be taken
for one year after the date`of;•th4- adoption of the" resolution:' , - '
Sec, 35415. 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 annexation by ordinance adopted within 60
days after the hearing on"protests* If the- legislative body fails' io adopt the
ordinance within such period, it shall 'be deemmed to' have adopted, :oii the 60th
day of such 'peirad, an ordinance disapproving the annexation.
Sec. 35416'. 'As 'aii 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 may, '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.
Sec. 35417,i"' When' an ordinance approving annexation' becomes effective, the
clerk'of -the legislitive'body shall immediately prepare under- seal_ a certified
copy of". the ordinance,- giving the" date= of "ita' passage, -and transmit it to the
Secretary of State.:
Sec. 35418. 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 superirisors of- the county
in which the city is situated•.
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Sec. 35419. 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 354099'
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 prop-
erty 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 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. ..
Sec. 35420. All proper exPenses of proceedings for annexation pursuant to
this article shall be paid by the city annexing or.attempting to annex the
territory.
Sec. 35421. Where 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 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.
Sec. 35422.,. 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.
Sec. *35423. Any proceedings held pursuant to this article does not alter or
affect the boundaries of any senatorial or assembly district.
Article 7. Annexation of County Highways .
Sec. 35450. The board of supervisors may .effect ihe. annexation to any. cit.y
or cities of contiguous unincorporated territory consisting solely of .a highway
or highways, or portions thereof-, bounded on both sides.by city boundaries,' pur-
suant to the provisions of this article. The local agency formation commission
shall not approve a proposal unless it determines .that.the highway to be annexed
is in a state of good repair.
i
Sec. 35451. .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 con-
tain a description or descriptions, of the territory or territories proposed to
be annexed and indicate the city or cities to which it is proposed to be annexed
or to which its respective portions are to be annexed.
Sec. 35452. The clerk of the board of supervisors .shall cause notice of the
proposed annexation to be published in the county pursuant to Section 6061. The
notice shall contain a general description of the land or portions thereof sought
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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 objections will be heard. The
clerk shall mail a copy of such notf6`e•'to_'the 'legislative bodies of all cities
whose boundaries are contiguous with any of the area proposed .to be annexed at
least 3O days ;prior to°-'the'`date set -fof hearing'.'
Sec'. '35453. Any"`taxpayer of the county or of- any city to which it' is pro
posed`tHat 'such territory tie. annexed, as we1T' as any city whose bouiidares';are
contiguous' to the terri'tory-�or territories 'proposed -to be annexed, may obJect..by'.
filing a written protest with �the`•board prior to the`date` se`t for;the hearing.
Sec."35454. At thetime specified in the notice`,'-or fixed by postponement,
the board of supervisors shall hear `and pass upon'the -piotests`.' The decision* of
the board of supervisors upon ,the protest is final. _
'Sec. 35455. ' After hearing the pr`otests; the',board,,of'supervisors: shall vote_-
upon 'the 'question of'the annexation ',.A major ty'vote of the board is final upon
the question.`
Sec: 35456�. 1' the board of supervisors approves the `annexation of the• ter
-
ritory or territories to the city`or--cities as' 'proposed, "the clerk of the-board-
shall enter upon its minutes, .certify, and transmit to the .Secretary of State and
to the legislative� body'-or'bodies'of the .annexing'"city or cities copies'of the
resolution approvin_g.- the.,annexation and-f_the'date=on-which it was passed.
Seca 35457. "the documents shall be' f iled' by the Secretary'_of State and from .
the date of filing'thereof the"a-d-Aexat on is complete-and;tile, annexed territory
or territories'-are a'p'art'of~the'"annexing city 'i"6ities for all purposes.
Sec. 35458. The clerk of the board of supervisors shall file the affidavit
of completion and the statemen't`of.boundary change required by Chapter 8, Part 1,
Division 2,"Title of`this cod's:'
Article' 8. ''Annexation of'Ter_ri' Owned by the -
Jed eral Government -
Sec': 35470'.' Contiguous`territory, in `tfie''same county, not`-a part*of any
other city, owned by the Federal 'Government'or an agency `thereof' may be annexed-
to a city pursuant to this ,article. Y
14
`Sec: -3547i' it- the-'Feder'al Governmeiii-br_ agency thereof owning such terri
tory consents to the annexation`;-`the-city legislative body may initiate proceedings
for- annexation'in'the-'maniier provided by Section' 35203i-- -The- annexation proceedings
shali be' conducted in-the`;manner 'prescribed` in -Sections--35203' to 35210,' inclusive;
and` alh of the_piovisioinb of such' sections-'and'of Sections`35212 and 35213 shall
apply to such'proceed'ing"`and 'annexation. '
- -31-
TITLE 5, DIVISION 1. PART 1. OF THE GOVERNMENT CODE,
Chapter 1. . .
Article 8. City Boundaries
Sec. 50190. If the boundaries between cities or between a city and unincor-
porated territory are conflicting or incorrectly described, or if by reason of
the resubdivision of land,_ the change in property lines or for .other cause, the
location of the boundaries becomes indefinite or conflicts with the established
property lines, the boundaries may be corrected.or relocated to follow definite,
established property lines pursuant to this .article.
Sec. 50191. The corrected or relocated boundary lines shall conform as
nearly as practicable, to...the former boundaries.'
Sec. 50192. Where boundary lines are corrected or relocated, the relocation
of the new lines shall be made in such a.manner that the majority of- the area of
the parcel or property affected determines the entity. within.whose boundaries the.
parcel or property is or shall be located. : The purpose of this article is to
authorize only minor corrections or relocations to be made, and no corrections or
relocations shall be made hereunder which relocate within the boundaries of another
entity property in .any parcel in.excess of.one acre.in area.
Sec. 50193. The legislative.body.of any city'ihe boundaries .of which. are
incorrectly described, indefinite, _or .conflict with established property lines,
or the board of supervisors of the county in which any such city is located, may
file with the legislative .body -of.any other affected city, or the county, a
written petition specifically describing the.parcels of land affected and the
proposed location of the new boundary line and requesting consent to the correc-
tion or relocation of such boundaries.
Sec. 50194. Prior-.to being filed or acted upon petitions shall be submitted
to and reported upon by the local agency formation commission of the county- in
accordance with subsection (f) of Section 54790 prior. to being filed or acted upon.
Sec. 50195. The legislative .body or bodies with which such petitions are
filed shall by resolution either consent.to or disapprove each of the corrections
or relocations proposed by the petition'within 30 days after receipt thereof. A
certified copy of .such resolution of. consent or disapproval shall be forthwith
filed with the clerk of. the petitioning.legislative body.
Sec. 50196. The initiating legislative body may thereupon, by resolution,
correct, relocate or alter such boundaries to the extent to. which all affected
legislative bodies have consented. —Such resolution shall accurately describe the
corrected, relocated or altered boundaries..' The enacting legislative body shall
cause .its :clerk to transmit..a certified copy of such resolution to ,the'Secretary
of.State, to the board of supervisors of the.county in which the affected .bound-
aries are situated, and to the legislative bodies, of all affected cities.
Sec. 50197. The Secretary of State shall file the resolution and transmit
certificates of the filing thereof to the clerks of the legislative bodies of
all affected cities and the board of supervisors in which the cities are situated.
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Sec. 50198 The.clerk�!of .the legislative body .initiating the proceedings
shall file the affidavit of completion and the statement of .boundary change re-
quired by Chapter.-.8,'-Part -1',. 6ivision 2, `Tif1e 5, .of this code:'
Sec. 50199. From the date-of `filing of ttie, affidavit of completion, the
correction or alteration of boundaries' is complete and effective for all purposes.
Sec. 50200. If property is excluded from any city or included in any city
pursuant to this article, such property shall cease to be liable for taxation
for the "outstanding-indebtedness-of "the city` from"which. it was•,excluded and
shall'Become liable to `taxation.'for ihe=outstanding'-indebtedness of -any other
city in which it is 'included'.
CHAPTER:'-: ':-.AGRICULTURAL LAND _
(California'Land Coi►servation Act of 1965)' '
*Sec.",51243,- 'Every:such: contract' shall
(a) Provide for- the exclusion. of `uses oiher •than agricultural, and other
than those •compat-ible'with agricultural uses; for` the duration of the contract.
(b) Shall be binding upon-, and inure•to'-the benefit -of- all *succe6 sons in
interest of the owner. Whenever hand uhder'a`contract is`divided- -the owner 'of
any parcel maq exerci'se';Andependent of`any'other="owner of -a portion of'the`divided
land, any of the rights of=the owner'in` the original contract; including'°the• right
to give notice of nonrenewal and to petition for cancellation. The effect. of any
such,Action'by'the•owner--of •a'parcelf'created•by the division o'f" land*under contract
"shall 'not b'e imputed'to ttie-'owners=of 'the remaining'"parcels Wand'shall have "no 'ef fec t
on the contract as 'it`applies' to•`the remaining parcels of'`ttie divided land.: On the
annexation by a city-of any -land under contract with a couniy, 'the city shall
succeed'-to all' rights',' duties and powers`of 'the county under'such contract', unless'
the land being annexed was within one mile of such city at the time -that the con-
tract was initially executed, •the city,protested the execution of the contract
pursuant -to•-Section'`51243.5'�and th a city`states`'ite"latent not to s'ucceed in' -its
resolution of intention to `annex:_ -If=,the=`city does no't exercise 'its option to
succeed-, -the' contract becomes `null 'aad void' as•-to•'the land actually'being annexed
on the date of annexation. In the event that only part of •ilii find under contract
was within one mile. of the city the option of the city shall extend only to such
part. ,(Amended-by`-Stats-1969`ch 1372.)`
*Sec. 51243.5. The clerk of the board of supervisors shall _give written
notice'•to-any city'wi•thih 'the county' of its •intention'to`consider a .contract•
which includes land within one mile of the exterior boundaries of that city. Such'
notice shall be given at. least 30 days prior to the time the board of supervisors
intends to-•consider'the execution `of such`-a-contract., If such f city Iilea with
the county a resolution protesting the execution of a contract whicti -includes
land within one mile of .the .exterior boundaries of the cit_y, _and the board of
supervisors executes such a contract; ttie�"citq`-aha11'•have 'the 'option provided
for in subdivision (b) of Section 5.1243 of not succeeding to the contract upon
annexation of ihe'-land to the.-t1ty. (Amended by Stets '1969 Bch 1372.). ,
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TITLE 5, DIVISION 2, PART is OF THE GOVERNMENT CODE
CHAPTER 6.6. LOCAL AGENCY FORMATION COMISSION
Article 1. General
Sec. 54773. This chapter shall be known and may be cited as the Knox-Nisbet
Act. ;
Sec._ 54774. Among the. purposes of-�a.local. agency.formation commission are
the discouragement of urban sprawl and the encouragement of the orderly formation
and development of local governmental agencies based upon local conditions and
circumstances. One of the objects of the local agency formation commission is to
make studies and to obtain and furnish information which will contribute to the
logical and reasonable development of-- local governments in each county and to
shape the development of local government agencies so as to advantageously provide
for the present and future needs .of each county and its communities.
In addition to its other powers the local agency formation commission may
Initiate and make studies of existing governmental agencies. Such studies may
include but shall.not be limited to inventorying such agencies and determining
their maximum service area and service capacities. If such studies are made, the
commission may ask for land use information, studies, and plans of cities, counties,
and districts. Cities, counties, and districts shall comply with_ the request of
the commission for such information and the commission shall make its studies
available to cities, counties, and districts. In making these studies, the .
commission may cooperate with the county .planning commissions.
Such information and-studies shall be used by the commission.as the basis
for.regular decisions on proposals over which it has .jurisdiction. The.commission
may recommend governmental reorganizations to particular agencies in the county,
using the above information as the basis for .such recommendations.. Such recom-
mendations shall be made available, upon request, to other governmental agencies
or to the public. .
The commission, or the board of..supervisors on:..behalf of the commission, is
authorized to apply for or accept, or both, any financial assistance and grants-
in-aid from public or..private agencies or from the state or federal government .or
from a local government.
54775. Unless the provisions or context otherwise require, the following
definitions shall govern the construction of this chapter:
(a) "City officer" means the mayor or a member of the legislative body of
the city.
(b) "Commission" means 'a_local agency, formation commission created pursuant
to this chapter.
(c) "County officer" means .a member of the board of supervisors. . .
(d) ""Initiate" or "initiation"means,Jn the case of proceedings, the first
procedural step authorized or required by any law for the commencement of such
proceedings, such step being one of the following:
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(1) The circulation•.of.-a -,petition requesting any'-proceed-ings; -
(2) The filing with any officer of a county or a .local agency of a notice
..of intention to circulate such°a.petition, or
(3Y—The adoption by a .legislative body.:of a=county or--a local.agency. of
any resolution, order;,.�or•ordinance.•.initiating ..proceedings. on its own .notion.-.-.-
(e)- ."Local..agency!.'-,means a -city-or.-a- special -d-istriet.
(f) "principal'--county in,. the case,:of•'a 'special•.,distr.ict whose territory
is or will be located in two or more counties, shall have :the:meaning;.contained
in any definition of "principal county," as set forth in the law pursuant to
which said -special district -was -or. is .proposed.ta.-.be .formed'.-.� .If :.the law pursuant
to which the special district was, or is proposed-•,to ,be; formed -contains no ;such;. .
definition, for purposes of this chapter. "principal county" means the county
having all ,or the greatest.`portiow of the entire .assessed value, as "shown on the
last--equalized. assessment:roll ,of -,the- counties,-. of,-the-:taxable property in, or
proposed to, be •included ..in, .the special- district:., '
(g) "Proceedings" means the procedure authorized and required by any law
for the::incorporation of :a .new city,-- the formation •of..a: special-district, .the:
,annexation -of territory:..to'a. local agency.or, the::exclusion of. territory :from a..
-city, or the disincorporat-ion:-of-- a:.city. =
(h) "Proponent" means any person intending to circulate or cauae-fthe circu
lation of any petition.
(i) : ::°Special. district" means, an. agency.i of. the.,state for:..the: local perform-. .._
ance ,of :governmental:tor :proprietary.-funct ons .within limited .boundaries.- ."Special.
district" does not include the state, a city, a county, or a school .district..'
"Special district" does include a county service area but does not include a
special assessment district formed under the Improvement Act of 1911, the Munic-
ipal Improvement Act of 1913, the- Street:.Opening Acts-of 1903, the Vehicle Parking
District Law of 1943, the::.Parking:District Law,of A951;:.the Pedestrian Mall Law
of 1960, or any similar assessment law, or any similar procedural ordinance
adopted by a:chartered-,-city. :'Special district".doesr-not-:.include an-.improvement
district or —zone—formed for: the sole purpose of-, designating_anrarea which .is -to :
bear a special tax or assessment for an_-improvement:.b.enefiting--•that area.
, . Sec 5477.6. The -board of supervisors.;ishall-furnish ,the• commission.with
necessary:.quarte'rs, •equipment .and supplies,; °and "the•usual. and.necessary.-oper-
ating:expenses incurred by the commission shall be 'a county: charge:
*Sec. 54776.1. On or. .before--the loth' day of June the—,—,commission:—shall—,prepare
and transmit to the board of supervisors an estimate of the amount of money needed
for the purposes- prescribed by Section .54-776-- during: the. following. fiscal.•year. The
board= of,!supervisors shall •provide=-for the use:-of .the-commission during: said fiscal
-year :the amount'of money. so fixed by the commission.•-The county. auditor :shall.audit
and allow or reject all claims for expenditures for county charges incurred. .pursuant
to the provisions of this chapter in lieu of, and with the same effect as, allow-
ance or rejection:of claims by the board .of:. supervisors:. :. (Added by Stats 1969
ch 1301.)
T *Sec. .547-76.2. . -The commission. may at- any time .authorize the destruction .of
any duplicate record, paper, or other document if•:the- original, ,or a .photographic
copy thereof, is retained in the files of the commission. The commission may
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authorize the destruction of original records more .than two years -old if a photo-
graphic copy thereof is made and preserved. (Added by State 1969 ch 1301.)
Sec. 54777. 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.
Sec. 54777.5. The commission may contract for retirement benefits for the
executive officer or staff personnel pursuant to the County Employees Retirement
Law of 1937 or the Public Employees' Retirement Law. It may also provide for
health and medical benefits.
The commission shall preserve-adcrued vacation, sick leave and retirement
benefits of persons hired from.counties.
Sec. 54778. The county surveyor and such -other officers and employees of a
city, county or special district, as may necessary shall furnish the executive
officer with any records, information or other relevant materials in their posses-
sion which may be necessary to assist the commission.
Upon request-. by the commission or the ,executive officer, the county surveyor,
or such other county officer or.employee as- the board of .supervisors may designate,
shall examine and report to the commission or the executive officer upon .any appli-
cation or other document involving any of the matters specified in subdivision (f)
of Section 54790.
Sec. 54779. If any special district is, or as a result of a proposed forma-
tion- or annexation will be located in more than one county, .-the commission of the
principal county shall have exclusive jurisdiction over the matters- authorized and
required by this chapter.
Article 2:-: Creation of
Commission and- Selection of Commissioners
Sec. 54780. There is hereby created- in each county a local agency formation
commission. Except as provided in Section 54781 and 54782, .the commission shall
.consist of five members, selected as follows: . -
(a) Two representing the county, • appointed by- the board .of supervisors from
their own membership. The board of supervisors shall appoint.:a third supervisor
who shall be an alternate member of the commission. He is authorized to serve and
vote in place of any supervisor on the commission who is absent or who disqualifies
himself• from participating in a meeting of the commission.
(b) Two representing: the cities in the county, each of whom-shall be a -city
officer, appointed by the city selection committee. The city selection committee
shall also designate one alternate member wlo shall be appointed and serve pursuant
to Section 54784.
(c) One representing the general public appointed by -the other four members -
of the commission.
-Sec. 54781. ., If there is no city in the county, the commission shall .consist
of five members, selected- as follows:
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(a)..: -Three representing the county,- appointed,by the, board-of supervisors
from .their own:membership.. The .board of. supervisors;-shall- appoint a, fourth
supervisor who shall -be an alternate.member, of- the commission c"• He .'is.-- authorized
to serve and vote in place of any supervisor on the commission who is absent or
who disqualifies himself-from participating•in''a meeting"•of`6e•'c6mkissfon.,
(b) Two: representing:the, general public ,appointed' by then'other'``three iimbers
of the commission
Sec. 54782. If'there`.is only one c3:"ty'in the county; the commission•=shall`
consist of ,five:members, -selected as'•fol-lows a;, `
::.•(a) :.-Two-.:representing the county'. appointed Eby'the` .'.board='of .Si pii4isois'=froin
their own .membership. . •The-board.�of supervisors%shall appoint:-a thiid' " ervisor
who shall be an alternate member of the commission. He is authorized to serve
and vote,.in-place'-of -any-supervisor,-on the° commission who ifVabseiit or•'who 'dis-
qualifies himself from participating-in-.-a meeting---of`the commission.
(b) One representing the city, who :shali`be'a city 'officer--; 'appointed by'
the legislative body of the city. The legislative body of the city_shall also
designate one:alternate- member who, shall serve and"vote `in the ibse_nce''or dis-
qualification .of the regular appointed city -representative.
(c) Two representing :the .general-public appointed by---64,other three members
of the commission.
Sec. 54782.5. When appointing:--.4,.public -member• pursuant to Sections 54780,
54781, or 54782, the commission may also appoint an alternate public member who
shall be authorized to:serve and vote. in'place-_."of- a''regular public member who is
absent or disqualifies himself .from--participating. in' a=meeting -'of- the !commission-:=
Sec. 547831:.. Except-.for- the :terms--of office 'of •tW members -of='the .f-lrst'-com-
mission, the terms of office .of each member`shall,be =four. years'-arid�-runtil 'the'�: -
appointment and qualification of his successor. The members of the first commis-
sion shall classify themselves by lot so that the' `term` of. of-fice:•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 body which. originally appointed' a= member whose term has
expired shall appoint his successor for a full term of four years. Any member
may be removed at`-.any time and -without- cause by-the' body` appointing;•hfm. ' Ttie
expiration: date of. :the--term -of -office'of each member=-shall be the- first`-Monday
in May in the-year in-which his- term; expire:` :Any• vacancy in- the''membership
h'::
of the commission shall be-filled" forr'thi unexpi d& term- f appointrient by the
body which originally,:appointed the member whose:"office liasl'become°vacant.
The chairman of the commission shall be selected by the members the
Commission members shall be reimbursed the actual amounts of their reason-
able and necessary expenses incurred in attending meetings` -and i'n'performing
the duties of their office. The board of supervisors may authorize payment,of
a per diem-.to:commission-meinbers for;each" day while-they'are in attendance at
meetings of the commission.
Sec. 54784. In each county containing two or' more,cities-, `there.shail be a; : .
city selection committee consisting of the mayor of each city within such county,
or, where there:is,no:'mayor,•:the: chairman. 'or "president of the''city--legislative
body. A majority of the members of each city selection committee shall consti
tute a quorum.
17-
The city. selection committee. shall meet at the call of the local agency
formation-commission chairman,. or at the request of 60 percent of the members
of the .city selection. committee to fill- vacancies in the commission.
The city selection committee shall appoint one alternate member to the
commission in the same manner as it appoints a regular member. If one of the
regular city members is absent from a commission meeting, or. disqualifies
himself from participating in a meeting, or is automatically disqualified '
from participating therein pursuant to this section, the alternate member is
authorized to.serve and vote in his place for that meeting. When the commission
is considering a proposal for the annexation of territory to a. city of which one
of the members of the commission 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 and vote- in,his place for such purpose.
Sec. .54784.1. Each local agency-formation commission may adopt rules and
regulations with respect to disqualification of members from participating in
the review of a proposal. In the absence, however, of any such rule or regula-
tion, the provisions of Section 54784 shall. apply.
Sec. 54785. , A city or- county officer may serve as a member of the commission
while holding office as a .city or county officer.. , If a member-who.is a city or
county officer ceases to be an officer of a city or county during his term, his
membership on the commission.shall thereafter be considered-vacant.
Article 3. Powers
Sec. 54790. The commission shall have the following powers and duties, sub-
ject-to the limitations upon its: jurisdiction herein set forth:.
(a) :To review :and•:approve -or disapprove with or without amendment, wholly,
partially or conditionally proposals for:
(1) .The incorporation of cities; .
(2) The formation of special district, and . .:
(3) The annexation of territory to local agencies . (other than local
agencies the. annexation..of territory to which is required -to be .
made pursuant to. the provisions of Division 1 (commencing with
Section 56000) .of Title• 6 of this code);. provided that a commis-
sion shall not impose.- any conditions which would regulate land
use or subdivision requirements. .
(4) The exclusion of territory from a city.
(5) The disincorporation of a city.
(b) To adopt standards .and procedures for the .evaluation.of proposals.
(c) To make and enforce rules and regulations for the orderly and fair
conduct of hearings by-•the.commission.
M. To:.incur.usual and necessary expensew for the accomplishment- of its
functions.
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(e) To appoint. and"assign;staff`personnel and" to employ or.contract, for
professional or consulting services to carry out and effect" the functions of
the commission.
(f) To review the boundaries of the territory involved'in any proposal
with respect to the definiteness and certainty thereof, the nonconformance .of
proposed boundaries -with .lines bf assessment or ownership, ind 'other *similar
mattersaffecting the: proposed •boundaries'.
(g) To waive the restrictions of Section 34312 and of subdivision (1) of
Section 35002.3, and Sections 35158 and 35326 -if`it -finds-that' ihe' application
of the restrictions would be detrimental to the orderly development of the com-
munity'aand that the'area that' would-be enclosed%by- the' annexation or' incorpora-
tion is so located that it cannot reasonably be annexed to another city or
incorporated as a new city.
`Sec- 54790.1. In' any coIIanission'order giving approval to "any-of the matters"
provided for by subdivision (a) of Section 54790, the commissbnmay make'such
approval conditional upon:
(a) :Tlie =inittation,' conduct or completion of proceedings for a change of
organization or a reorganization under and pursuant to-the District Reorganiza- '
tion Act of 1965, Division 1 (commencing at Section 56000) of Title 6 .of this
code;- and
(b) " The approval 'or- disapproval, "with or. without election, as' may be pro-
vided'by said -District •Reorganfzati'on Act, of.•1965, -of any resolution_ or ordinance
ordering.-any such' -change of organization` or reorganization.
If -the commissioni shall so` cond Lion'"its' approval, the commission may order f
that 'any further action -pursuant to` this chapter shall b ' continued and held 'in
abeyance'for such period of'tikif as' the coai>ri seion may designate, not to exceed
six months -from the date" of `such 'conditional approval. '
Any' such° commission order "may�-also provide- first- any, election called'upon
any of the matters 'provided-for by said subdivision (a)-. of` Section 54790 shall
be called, held and conducted before, upon the same date as, or after the date
of any election to be called;°held -and conducted upon a• change.of organization
or reorganization pursuant 'to the p ovisioiis''of said'District Reorganization
Act o£ 1965. .
Any "such'1commission order' 'iay also provide that iw any election at which
the questions'of- annexatioii "aiid district reorganization"or incorporation and"
district"reorganization are to be"'considered at the same time,- there shall be
a single ques"tion'`appearing=on the ballot upon the"issues' of 'annexation and '
district reorganization or incorporation and district reorganization.
Sec. 54791'. . -Pioceedings shall- not be` initiated until-application is made
to the executive officer and approval is given by the .commission of the princi-
pal county. Any proponent, any-Ilegislative`body, or any members'of any legis-
lative body, desiring to initiate proceedings shall file`an'application with
the executive officer of the principal county. If a special district is, or
as a result -of''a' proposed 'format on= or�annexation'will be, located in more than
one county, the executive officer of the principal county shall immediately
furnish a copy of`any`- application' filed with -him to the'executive-"of ficer of
each such 'other county.' -
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Sec. 54792. Each application shall be in such form.as the,.commission may
prescribe and shall contain:
(a) A statement of the nature of each proposal and the name or names of
the districts or cities which would.be.affected thereby;
(b) A description of the boundaries. of the territory proposed to be incor-
porated into a new city, to be formed into. a special district, to be. annexed to.
a local agendy or to be excluded from a city;
(c) A map showing such boundaries; a
(d) Such data and information as may be -required by any rule or .regulation .
of the commission;
(e) Such additional data and information, as may be required by the execu-
tive officer, pertaining to any of the matters or .factors which maybe considered
by the commission; and
(f) The names of the officers or persons, not to exceed three in number,
who are.to be furnished with.copies of the executive officer°s report and who
are to be given mailed.notice of hearing.
Sec. 54793. When an application is filed with the executive officer pur- .
suant to this part, he shall set a date, time, and place for a hearing by the
commission on said application. The date of the hearing shall not be more than
70 days following the date of 'such 'filing. .At ,least .15 days prior to any hear-
ing, the executive officer shall give mailed notice of the hearing to each
affected county, city, or district, to any interested party or local agency who
has filed a written request for. such notice with. the executive officer, and to
any officers or persons designated .in .the application for .the,purpose of -receiv-
ing mailed notice. In .iddition, at least. 15 days prior to the hearing upon a
proposal for the annexation of territory to a city,._the incorporation of a new
city or for the formation of a district, notice of hearing shall be published
by the executive officer, in accordance with. Section 6061., in a newspaper of
general circulation which is. circulated .within the affected territory.
Sec. 54794. The executive officer sha_ll.review. each. application_which is
filed with him and shall prepare a report, including his recommendations thereon.:
Said report shall be completed not less than five days prior to the date speci-
fied in the notice of hearing. Upon completion, the executive officer shall
furnish copies of said report. to the officers or persons. designated in the
application, to each city or special district to or from which territory is
proposed to be annexed .or excluded and where a district is, or will be, located
in more than one. county, to the executive officer of each such other county.
Sec. 54795. At the hearing, the commission shall hear any interested parties
and consider the application and the report of the executive -officer.
Sec. 54796. Factors. to be considered in the review of a proposal shall in-.
elude but not be limited to: .
(a) Population, population density; land.area and. land .use; per capita
assessed valuation; topography, natural boundaries, and. drainage basins; proxi-
mity to other populated areas;. the likelihood of. significant growth in the area,
and in adjacent incorporated and unincorporated areas, during the next 10 years.
-4b-
(b) . 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 incorporation,
formation, annexation, or exclusion and of alternative courses of action on the
cost and adequacy of services and controls in the area and adjacent areas.
(c) The effect of the proposed. action- and .of alternative actions, on ad-
jacent. areas, on mutual. social and economic interests-and on the local govern-
mental structural of the county.
(d) The definiteness and certainty of the boundaries of the territory, the
nonconformance of proposed boundaries with lines of assessment or ownership, the
creation of islands or corridors of unincorporated territory, and other similar
matters affecting the .proposed boundaries.
Sec. 54797. The commission may continue the hearing from time to time, not
to exceed 70 days from the date specified in the notice of hearing. Within 35
days after the conclusion of'.the hearing, the commission shall adopt a resolution
making its determination upon the proposal.
if the commission approves .a proposal, proceedings shall thereafter be
initiated, conducted and completed pursuant to those provisions of law which
are applicable to the proposal as it has been approved by the. commission. If
.the commission approves the proposal with modifications or conditions, proceed-
ings may be initiated, conducted and completed only in compliance with such
modifications or conditions. If the commission .disapproves of. the proposal,
further proceediugs �shall terminate.
Upon the filing.with the Secretary of State of any notice or -other document
which is authorized or required by law to be filed with him upon completion of -
any proceedings, said Secretary of State shall give written notice of such filing
to the executive officer of each county within which any of the .territory affected
by such proceeding shall be located.
*Sec. 54797.1. If an application for an -annexation to, or a detachment -from,
a city is signed by all 'of the owners. of land within the territory proposed to be
- annexed or detached, or is accompanied by proof, satisfactory to the commission,
that- all of the owners within such territory -have given-their written consent to
such Annexation or detachment, ..the commission may approve such annexation or
` detachment 4i.thout notice and hearing. In such cases the.commission may also
approve and authorize the legislative body of the city...to annex or detach such
territory (i) without notice and hearing by the legislative body, (ii) without
an election, or (iii) both.
As used in this section 'owner of land"means: any person shown as the
owner of land on the last equalized assessment roll; .where such person is no
longer the owner, then any person entitled to be shown as owner of land on the
next assessment roll; where land' is sut;ject.-to a recorded written agreement of
sale;: any person shown therein as purchaser; and any public agency owning land.
(Amended by Stats 1969 ch 1301.)
*Sec. 54797.2. If an application for the formation of a district is signed
by all of the owners of land proposed to be included within the district, and -is
accompanied by proof, satisfactory- to the commission, that all.of the owners
within such territory have given their written consent to the proposed formation,
the commission shall hold a hearing on the .proposed formation. . In such cases, -
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' r
however, the commission may approve and- authorize-the board -of supervisors, or
other so propriatelegislative body, to order the formation of- the district (1)
without notice and hearing-by the legislative body; (2) without an election, (3)
or both.
As used in this section 'owner of land" means: any person shown as the
ownet"of land on the last equalized assessment roll; where such person is no
longer .the owner., then any .person entitled to be shown- as owner of land' on the
next assessment roll: where land is subject to a recorded written agreement of-.-
sale, any person shown therein as purchaser; and any public agency owning land.
(Added by Stats 1969 ch 1301.)
*Sec. 54797.3. Any person may, prior to-any meeting, request any local
agency formation commission to cause a transcript record to be made-of such
meeting— If the cost of such record is borne by such person, the commission
shall cause a transcript record to be made. (Added -by Stats 1969 ch 1301.)
Sec. -5479& 'If two..or more proposals -pending before- the commission shall
conflict or in any way be inconsistent with each other, the- commission-may
determine the relative priority for conducting any further proceedings based
upon any such proposals 'Any-such- determinations shall be- included in the
terms and conditions•..imposed-by- the commission: _- In the absence of any such
determination, -priority°shall b-e given to that proceeding_-which shall be based
upon the proposal:,first filed-with the executive officer.
Sec. 54799. 'If the commission disapproves a proposal, no further proceed-
ing shall be taken thereon. No application for a subsequent proposal involving
any of the same territory and undertaken under the same provisions of law may
be filed.with.the _commission-for at least _one.year. after the -date of disapproval
without the consent of the commission.
*Sec. 54799.1. If any legislative -body shall desire any addition, deletion,
amendment or revision of any commission resolution making determinations or any
term, condition or other provision contained therein, including minor or major
changes in boundaries of proposed new cities-or -annexations to existing cities,
such legislative body.'shall ,file written -application therefor with the executive
officer who shall present the same to the commission. at its- next meeting: The
commission, in -its discretion, may either (i) without: fuither ,notice and hearing, "
deny or approve such-application in -whole. or-:in part, .-or (ft) provide for notice
and hearing upon said application; in the.-same manner .—as—for the original proposal,
prioi to denying or approving the same. (Amended by;Stits 1969 ch 1301.)
Sec. 54799.2. Failure to complete a proceeding within one year after the
commission approves a proposal therefor shall be deemed an abandonment of such
proceeding unless prior to the expiration-of'said year- the commission shall
have authorized an extension of 'time -for -such completion. Inability to com-
plete a proceeding because of. the order or.'.decree of•a.court. of competent- juris-
diction -temporarily enjoining-or-restraining such proceedings shall not be
deemed failure of completion and said one-year period -shall be tolled for such
time as any such order or decree shall be in effect. .. .
Sec. . 54799:5. - Notwithstanding the provisions of Section 54779, when- an '
existing or proposed special district or city is eligible to qualify as -a mem-
ber district or city by the annexation of all or any- part-'of the territory of
such existing or proposed special district or city to a parent district, or
when .territory is proposed to..be annexed to such.'existing special district or
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.city.,which is already..,a member district :or-city- concurrently with the, annexa-
tion.,of such territory to.such. parent.-district, .the•:local agency.formation
commission of the..principal county, of: _such special- district or city.-shall have
exclusive jurisdiction over all proceedings affecting the boundaries -of both
the member district.;or. city and 'the•.parent;district. - As .used in. this section,
°Cmember district" and "parent district" shall have the meanings set forth in
Sections 56053.1 and 56059.1.
Section 13 of.Chapter 587,. -State 1965. Thetmembers. of any local agency forma- -
tion -,commission, any..executive officer and all staff- personnel of. any .such
commission heretofore created pursuant to -Chapter •1808 of the ,Statutes of 1963
shall, without interruption,,.continue to -perform the. respective•. duties of. their
offices or employments for ,the compensation,, if any, and the terms of such
offices and •employments, as here.tofore provided, until the selection and• quali-
fication .of.,.their successors pursuant to :the provisions .of this act:, subject
to removal and control as provided by this act.
TITLE 6. .DIVISION 1,. OF THE GOVERNMENT CODE
DI3TRICT.•REORGANIZATION ACT OF- 1965
*Sec. 56003.1. Except as provided in this section, this division shall have
no application to the incorporation.of cities, the annexation.or detachment of
territory to or from cities', minor, changea .of; city boundaries..or the: consolida-
tion or, disincorporation of cities:. or to the formation.of districts,. (except- when .
any such formation is a part of a reorganization)- or to proceedings -for any of
the foregoing. An annexation to a city which is proposed as a part of a plan of
reorganization may be conducted in accordance with the procedures for .reorganiz-
ation set forth in this division unless the affected city objects thereto. . .In
any commission,order. giving,.approval to..any. of the matters provided for in sub-
division (a) of Section 56250, the commission may make any.. such approval condi-
tional upon:
(a) The initiation, conduct or completion of proceedings for-.th.e incorpora-
tion of any city, the annexation-or detachment of 'territory to or from any city,
the consolidation of any cities or the disincorporation-.of any city or for the
formation of any district; and
(b) The approval or disapproval, with or without election, as may be pro-
vided by law, of ,any resolution or ordinance ordering -any such incorporation,
annexation, detachment, .consolidation,_ disincorporation or formation-of a
district.
,If a commission shall so condition its approval, .the commission may order
that any,further action pursuant.to this division shall.be .continued,and held in
abeyance for such period of time.as .the.,commission may. designate,;not to exceed
six months from-the date .of such.,conditional;..approval. .
Any such commission .order may. also provide .that:;any election called upon the
question of confirming a.change of organization, or a reorganization-pursuant to
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the provisions -of this division shall be called; held and conducted before; upon
the same date as, -.or •aft4ir 'the.-date 'of -any--'election to be called, held'-aad- con=
ducted upon the- 'incorporation of"any.'city, 'the annexation or'detachment of teiti-
tory to .or from any city; the 'consolidation of -any cities--or-,the' disincorporation
of any city. or -upon the-formation of- 'any district.- (Amended -by State '1969' ch 1177.)
*Sec. 56003.2. If any fire protection district -or -fire district''shall'be •
organized under Part 2.7 (commencing with Section 13801) of Division 12 of the
Health and Safety Code, Chapter 1 (commencing with Section 14001) of Part 3,
said Division 12, Chapter 2 (commencing with 'Section`14400) of Part 3, said
Division 12, or Chapter 3 (commencing with Section 14600) of Part 3, said Divi-
sion 12, the foregoing laws ,shall provide an additional and alternative authority
and procedure for -the--initiation, -cofiduct and completion of detachments'of terra-
tory from any such district or for the dissolution thereof or for the inclusion -
of a city or a portion thereof -in 'a'district. When a proceeding for -a detachment'
or dissolution is>made pursuant to any of •the foregoing laws, only the provisions
of such laws shall. be applicable-. to the"in"itiatioti, conduct and- completion of'
such-proceedings, 'and -this division 'arid the repeals,--amendments and additions'
made by the act enacting this division shall not Apply-*thereto'. (Amended by
State .1969 ch 1301.)
*Sec. 56028. "Change of organization" means an annexation or detachment of
territory to or from a district, a minor boundary change, the dissolution or con-
solidation of any district- or.districts, 'a:merger'"or' the-establishment of a
subsidiary district, and, in the case of a reorganization, also includes forma-
tions and annexations to :citiea•'when the affected. cities'-do not object to such
annexations. (Amended by State 1969 ch 1177.).
*Sec. 56039,. "Dis•trict"- means an agency of--the 'state, formed pursuant `to
general law-or special, act for the local- performance of- governmental 'or propri-
etary functions within limited boundaries.""D'istrict" shall include-a county
service .Area but.shall'-exclude- the following:; =
. y
(a) . The state;
(b)' A county;
(c) A city-, 'except for the provisions'of this division relating-to_ a
merger;' the'.-establishment, o* f- 'a. district, or a re-
organization which includes an annexation to a city when the
affected city does not object to such annexation;
(d) A school district; ' ::•
(e)-- A unified or union-high school library- district
(f) A special. assessment district; =
(g) An improvement district; -
(h) A soil conservation district;
(i) An ,air pollution control district;
Q) A bridge and highway district or'•a joint highway' district-; _
W A transit-or rapid transit district or authority;
(1) A metropolitan water district;
(m) A flood control district, a flood control and floodwater conservation
district, 'a flood control and water: conservation district a con-
versAtion district; a water conservation. distriet,' a water' replen
ishment district, the Orange County Water District; a California- '- --
water storage district,- a- watei Agency, -A county water"authority'-
or a water authority, provided, that the commission of the principal
county shall determine-, id-accordance with Sections 56015 and 56016
inclusive, -that any district; agency- or -authority enumerated in this
subdivision (m) is not a "district" within the meaning of this divi-
sion. (Amended by State 1969 ch 1177.)
I
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-;DIVISION 12, -PART 2; '; OF -THE HEALTH-AND SAFETY CODE
FIRE PROTECTION. DISTRICT LAW OF1961
*Sec. 13948. Any .city., or'portion thereof; may be`included"within a-district
upon the adoption of an .ordinance by the city governing body requesting the inclu-
-sion which is..approved.-by .the district board: " The"district board may require as
a condition to .the- inclusion- that the city-or•portioti -there'of included within the.
district remain;a part .of the district_for 'a period of time 'not:to exceed i.6 years.
Upon the expiration of the period of time set forth-- in the conditions or, ff none,
at any .time,..the legislative body of 'the city may -p - ide by ordinance for the
withdrawal of the territory of- the city from.-the dirtrtct The withdrawal shall
be effective upon the:.date'fixed by-the legislative body of 'the city- in -the ordi-
nance, which date is on or after the date of the adoption of -the ordinance. Where
the withdrawal is effective on o of thefiscal year the dis-
trict shall- furnish, fiie. protection. services to the territory withdrawn until the
first day of..July.next 'succeeding Where the withdrawal is `effective� subsequent
to January 1st:of the• fiscal year and=_'the- territory -is subject to district taxation
for the succeeding-,fiscal .year-the ,district•shall furnish fire protection services
to the territory until the- 30th day of June of the' fiscal year"next'succeeding'.
Immediately after_ the� approval by the district-=board-of an'ordinance of a city
governing body including the cityor portion- thereof', within the district, the clerk
of the legislative body of the city shall file a copy of the ordinance, describing
the territory included and the date of its inclusion, with the governing body of
the district. Immediately after the adoption:--of_"an ordinance withdrawing the ter-
ritory of a city from the district, the clerk of the legislative body.of the, city
.shall .file a. copy of.-the .ordinance; describing °the=territory withdrawn and''�the date
of its withdrawal,.-!with. the governing -body of -the district and with 'the 'tax-,levying
.authority..of the district:n -Whenever a• copy:'of an ordinance including' a==city or
portion-.thereof,-within: the district, or a.-copy of- an ordinance withdrawing the-
territory of. a city from a district, pursuant to `this,section is filed with the
district board,:the tax.:levying authority �of 'the district shall comply with
requirements. of Chapter':8 (commencing with Sectiori,;54900) of Part-l 'of Division 2
of Title 5.of the .Government -Code. . (Amended- by 'Stats 1969 ch 1301.)'
, Sec. 13952: Whenever any --portion of a-district is included within a city by,
annexation such portion maybe withdrawn from the- district: The legislative body
o.f the. city may within one year.after-the annexation proceedings are complete' pro
vide by resolution that-.such territory'shall-'b'e 'withdrawn-'from'ihe district.
Immediately after adoption: of°- the resolution, the clerk of the legislative
body of the city shall file a copy of the resolution, describing the territory
withdrawn and declaring its withdrawal, with the governing body of the district
and- with the tax .levying authority of the district: Whenever a=`copy of'such
resolution is filed with the governing'body' df; the 'district, the tax'levying-_suth=`
ority of the district shall comply with the kequirements: of-Chapter 8jc'ommencing
with Section 54900) of Part l of Division 2 of Title 5 of the Government Code.
Such withdrawal shall:"be effective on the date fixed' by 'the legislative body
of the..city., which..date- shall not be more thaa'two years after:`the'aiinexation pro-
ceedings are- complete. : Where the withdrawal�is effective on or'befoie' January 1stt
,of the. fiscal-:year :the district: shall furnish fire''protection services to .the' '
territory.. until!.the:`first::day of July next' succeeding: ` Where` the withdrawal is
ef f ective. subsequent.:to January-lst of the fiscal'yearland where- the, territory;is
subject to district taxation and assessment the'�districtjshall furnish fire protec-
tion services to the territory until the 30th day of June of the fiscal year next
succeeding.
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If the portion of-the district included within_ a city. by annexation is not
withdrawn within-"two years after the annexation is complete, it may be withdrawn
thereafter only by detachment. -,taken.,..pureuant to the provisions of the
District Reorganization Act of 1965, Division 1 (commencing with Section 56000)
of.Title 6, Government Code. (Amended-.by Stats.1969 ch-•4660.
.Sec._l3953 i_ , Whenever any portion of a:district:'is :included within'a- city
by ..reasoa of -the .incorporation of. the.city,. such portion .may,be'.-.withdrawM from
the district, by resolution of• the;governing-body of- the city within-one year
after -the effective .date :of.thee incorporation"'of the city. If!not withdrawn
within. one year,, it,-maybe withdrawn thereafter only: by detachment proceedings
taken pursuant .to the. provisions of-the District..Reorganization Act of, 1965,
Division 1 ,(commencing at .Section-.56000)-. of .Title.;6", Government Code.
If such withdrawal. is made within one. year after the effective date of the
incorporation of,.the city,: the clerk of the'-legislative body.'.of the city shall
file a copy of the xesolution,.-describing the-territory:withdrawn,: declaring 'its
withdrawal, and specifying the -date of� .its-withdrawal, with the' governing body
.of the district and with .the:tax levying authority of .the district': -Whenever a
copy of such a .resolution--is: filed.,with the governing .body_ oU the district, the
tax levying authority of the district shall comply with the requirements of
,. Chapter 8-.(commencing with•Section. 54900) of Part 1 of_Division' 2 of Title-5- of
the Government Code. . ,(Amended by:Stats 1969 ch 466:) {
EDUCATION,-CODE
Sec. .1974. . •Every .city,;organized;before.September';11,:!1957, except a"general
.law city, .constitutes a separate school district -unless-otherwise prescribed in
its ;original city charter..; •The,:district wshall :be•.governed by the board 'of educa-
tion or .board:.,of school trustees--of the city. .:Every:chartered_ city organized on
and of ter ,September ,ll,,.:19,57,.unless otherwise,provided in-.its original-charter,
constitutes a .separate. school ,dis.txict if .approved by.:the State Board-of 'Education.
The approval.shall._be by, resolution:_•_ The State Board --of Education shall..approve- -
such 'district only if it has-received:the favorable-recommendation of 'the county
committees and the county superintendent of schools of the county in which the
city .is situated. : Sections -.2304 to-2306, inclusive,,shall•apply to 'any annexa-
tiori.of territory to, a city constituting.-a separate school district under rthis
section.. - If the consent ,of the.,governing board•'of: the district is first- obtained,
territory,-within the ,exterior boundaries, of_ a• city. may.be withdrawn from the school
district of that city and annexed or transferred to an adjoining school district
in the manner. provided .elsewhere in,,thiR ,code,,for.--the: change of. school district
boundaries.. �. . .. _
Sec. 2304.. . Territory annexed-.-to-,.: city which is•not contiguous to.-a school
district'-within the city shall,not=automatically.become: a:part of. any school- •dis- -
trict within- such city-.pursuant, to: Section,-1974.
Sec. 2305. When territory is annexed to a city pursuant to the Annexation
Act.of 1913 (commencing:.with•.Government-Code Section 35100) or the: Annexation of
Uninhabited Territory.Act.,.of 1939..(commencing with•Government Code Section 35300),
the*;territory doee�:not thereby-become-.a part .of:the. school district -of the city'
pursuant to Section..1974;unless.-the,resolution'required:by...Government Code'Section
35117 or. Section- 35306,-.as the,case may :be,:contains .a statement._that-.the annexed
territory shall become -a part.,of,the-school district -of-the city. . A- statement to
transfer, the annexed territory.to;.the -city .school district shall not be-included
-46-
in such a resolution unless the territory is contiguous to the school district of
the city and the governing boards of each of the districts whose boundaries would
be changed have agreed in writing to the transfer. If the boundaries of three or
more districts would be affected and only one of the districts is not in agreement
with the others, the matter may be referred to the State Board of Education whose
decision in the matter will be final.
Sec. 2306. Territory annexed to a city pursuant to Articles 3, 4, 7, and 8
(commencing with Sections 35200, 35250, 35450, and 35470, respectively) of Chapter
1, Part 2, Division 2, Title 4 of the Government Code shall not automatically be-
come a part of any school district within such city pursuant to Section 1974.
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GENERAL OUTLINE
ANNEXATION PROCEDURE
(Section numbers refer to Gov. C.' unless othercaise- specified)
ANNEXATION ACT OF 1913
Inhabited Territory
1. Proponents request consent of city council to commence proceedings. (§35106)
2. City council refers request to planning commission for'report and recommenda-
tions. 035108)
3. Planning commission submits report -within '40, days.' (§35109)
4. Adoption by city council of resolution consenting to commencement of annexation .
proceedings: (§35100
5. Proponents file application with local agency formation commission. (§§35002,
54791, 54702).,,.
6. Local agency formation commission hearing not more than 70 days after date of
filing application. ' Not-ice of the .hearing' mailed and published: at least 15
. days prior to hearing. (§54793)
7. Executive officer of commission furnishes copies of his report and recommenda-
tions -to proponents and to city- not less than 5 days prior to date *of- hearing.
(§54794)
8: Approval by commission`. [-Commission may continue hearing from time to time
not to exceed 70`' days from original date. Commission must 'act within 35 days
after conclusion of'-the bearing'.-] - (§54797)
9. Proponents publish notice of intention to circulate petition. 035111) (Elec.
C. §§40122 4003)
10. Proponents file affidavit of publication- and copy of notice and accompanying
statements with city clerk within 10 days after publication. 035112)
11. City council adopts resolution acknowledging receipt of notice and approving
circulation of petition, within 15 days after filing of notice. (§35113)
12. Petition may be circulated 21 days after publication or posting of the notice
of intention. (§35114)
13: Petition must be filed within six months from the date of the first signature
thereon. (§35001)
14. City clerk and county clerk or registrar of voters check and certify suffi-
ciency of petition within two weeks after receipt of petition. (§35116)
A. If petition insufficient, supplemental petition bearing additional
signatures may be filed within 10 days of the date of the certifi-
cate of insufficiency.
B. Clerk and county officer examine and certify sufficiency-of supplemental
petition within 10 days after filing.
15. City council (without delay) adopts resolution of intention to call special
election. 035116) _ Hearing set not less..than .l5 .days- nor:•.more than 40 days
after passage of resolution. (§35118)
NOTE: No notice and hearing,oz n electio .-required. if all of the owners
have consented in writing and if the local agency formation com-
mission gives its approval. . (§§35015, :54797.1)
16. City .clerk causes copy :of resolution..to".be published.once 'a .week for.two succes-
sive weeks, or copies of resolution to be posted not less than 10 days before
the hearing, (§35119). (Elec. •.0 §6066).
17. City clerk causes written notice to be mailed not less than 20 days before the
public hearing to each owner-who..has filed.name and address and description of ..
land. 035119)
1 Written protests may be filed by'dvmers at any time prior__to .hour'set..for.hear-
ing. 0 35120) Protests may be withdrawn at any time prior to adjournment of
hearing on protests. (§35012) .
19. City council may terminate proceedings at any time prior to the--date: set 'for
hearing provided that hearing must be held on any protest filed. (§35007)
20. At time. set for- hearing, if.-protests-.have been:filed;but _are .insufficient to
terminate proceedings, the meeting shall be ,recessed for. not less than 10, .days
and supplemental protests may be filed. 035120)
21. -At,. time set for hearing or to which hearing continued, .city council shall hear
and rule upon protests. 0 35121)
22. City council shall adopt resolution within" 30 days after ,closing of'the hearing
.declaring whether or- not majority protest "has :been .made. -(If no resolution
Adopted, resolution declaring majority protest .deemed adopted. on 30th. day.)
(§35121.1)
23. If no majority protest, and city council elects to proceed, changes in bound-
aries by city council submitted to local agency formation commission for
approval. (§§35121.5., 35121.6, 54799:l) =
24. If no majority protest, city council shall call special election without delay,
or may adopt resolution -terminating the.proceedings,. (§35122)-
25. Election must be held not less than 54 days nor more than 75 days after termina-
tion of protest hearing. (§35122)
26. Notice of election published at least once a week for the four weeks prior to
-the election. (§35123)
27. City council appoints election officers. (05127)
28. Election. .- (§§35130,.. 35131). - (Generally, Elections Code provisions governing
municipal elections in general law cities.)
-2-
29. City council canvasses returns at next regular meeting at least 3 days after
the election. (§§35132,;..35133):-
30. Ordinance approving annexation. (§35135)
31. Clerk certifies and transmits to Secretary.of; State`-a copy-of-- the ordinance
approving annexation. (§§35142, 35144)
32. Clerk--shall _file'with'the-.county recorder affidavit-of completion and attached
certificate`of-Secretary-of .State.:- (§34080)_ = -
33. File statement or map or plat with State Board of Equalization. (6§54900-54903)
is
L
• r
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ANNEXATION OF UNINHABITED TERRITORY ACT OF 1939
1. Proponents or city council file application with local agency formation com-
mission. 0§35002, 54791, 54792)
NOTE: If city council intends to initiate proceedings on its own motion
without requiring petition (§35310), a- resolution-declaring .such
intent and directing the filing of an application-with the commis-
sion should be adopted.
2. Local agency formation commission hearing not more than 70 days after date
of filing application. Notice of the hearing mailed and published at least
15 days prior to hearing. (§54793)
3. Executive officer of commission furnishes copies of his report and recommenda-
tions to proponents and to city not less than 5 days prior to date of hearing.
(§54794)
4. Approval by commission. [Commission may continue hearing from time to time
not to exceed 70 days from original date. Commission must act within 35 days
after conclusion of the hearing.] 054797)
5. a. Petition for annexation filed by landowners 035305) ; or
b. city council initiates proceedings on its own motion (§35310).
6. City council (without delay) adopts resolution giving notice of proposed annex-
ation and setting hearing. (§35305)
[Copy of resolution to governing board of every school district included, in
whole or in part, in territory proposed to be annexed, and which has made
written request therefor.] (§35305)
I
A. Petition Signed by Less Than All Owners or Council Initiates Proceedings
I
(1) Hearing set not less than 40 nor more than 60 days after passage
of resolution. (635307)
(2) City clerk causes copy of resolution to be published at least twice,
but not more often than once a week, publication to be complete at
least 20 days prior to hearing; or copies of resolution to be posted
not less than 20 days before the hearing. (§35311)
(3) City clerk mails notice to each owner of land in territory to be
annexed, and to each person having interest in such land who has
requested notice, not less than 20 days before hearing. (§35311)
(4) In case of tide or submerged lands owned by State, written notice
to State Lands Commission not less than 45 days before hearing.
(5) Written protests may be filed by owners at any time prior to final
adjournment of hearing on protests. (635312)
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(6) City council may terminate proceedings at any time prior to the date
set for hearing provided that hearing must be held on any protests
filed. 035007)
(7) Hearing. City council adopts resolution within 30 days after closing
hearing whether or not majority protest has been made. (If no reso-
lution adopted, resolution declaring majority protest deemed adopted
on 30th day.) (§§35313, 35313.2)
(8) Changes in boundaries by city council submitted to local agency forma-
tion commission for approval. (§§35313.5, 35313.6, 54799.1)
(9) City council approves or disapproves annexation by ordinance adopted
within 60 days of protest hearing. (If no ordinance adopted, ordi-
nance disapproving annexation deemed to be adopted on 60th day.)
(§35314)
B. Petition Signed or Consent Filed by Owners of All Land 035310.1)
NOTE: No notice or hearing required if approved and authorized by
local agency formation commission. (§§35015, 54797.1)
(1) Hearing set not more than 30 days after passage of resolution.
(2) City clerk causes copy of resolution to be published at least once
not less than 4 days prior to hearing; or copy of resolution to be
posted not less than 7 days before the hearing.
(3) Hearing. Changes in boundaries submitted to local agency formation
commission for approval. 0§35310.1, 35313.6, 54799.1)
(4) City council adopts resolution approving or disapproving annexation
within 30 days after completion of hearing. (If no resolution
adopted, resolution disapproving annexation deemed adopted on 30th
day.)
7. Clerk certifies and transmits to Secretary of State copy of ordinance or
resolution approving annexation. (§35316)
8. Clerk shall file with the county recorder affidavit of completion and attached
certificate of Secretary of State. (§34080)
9. File statement or map or plat with State Board of Equalization. (§§54900-
54903)
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Aw
BOOK ' Pl■BL■SH■NG COMPANY
LAW BOOK PUBLISHERS • MUNICIPAL AND STATE CODES
2518 WESTERN AVENUE.SEATTLE, WASHINGTON 981211(206) 623-4221
March 11, 1971
Mr. Paul C. Jones
City Clerk
. P. 0. Box 190
Huntington Beach , California 92648
Dear Paul ,
My father and I enjoyed meeting with you. I am returning
to you the annexation law bulletin you gave to me . I re-
viewed this material and estimate the cost to prepare 100
or so small versions of this material would be about $750 .
This is more than we can afford to donate but, if there is
interest in having this done, I would be happy to consider
donating part of it. If you wish to pursue this matter,
please let me know.
We will keep in touch with you from time to time regarding
the possible recodification of your ordinances . If anything
develops between calls , please let me know.
Sincerely,
�/_ -
Robert M. Frayn, Jr.
Executive Vice President
RMFJr/fgt
Enclosure
r 4^ ��
HOTEL CLAREMONT
League of California Cities BERKELEY94705
PHONE 843-3083
Member National League of Cities "Western City" Official Publication 702 STATLER CENTER
LOS ANGELES 90017
WORK PHONE 624-4934
TOGETHER
Sacramento, California
November 30, 1967
To: City Attorneys, City Managers and City Clerks
Subject: 1967 ANNEXATION LEGISLATION
Attached is a mimeographed compilation of the annexation and
local, agency formation commission statutes as they now read.
Section numbers amended or added by Statutes of 1967 are
indicated by an asterisk.
A complete set of the 1967 chaptered laws affecting annexation
procedure may be obtained by addressing a request to the Legis-
lative Bill Room, State Capitol, Sacramento 95814, for copies
of the following chapters:
P
184
920
954
1300-
It is hoped that this compilation will be of assistance.
William G. Holliman, Jr.
Assistant Legal Counsel
WGH:pc
4.M
A
1967' COMPILATION'OF ANNEXATION STATUTES
Title 4. Division 2„ Part 2 of the Government Code
Chapter le "Annexation- of Territory
Article 1. General
Sec. 35000. 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 petition.
Sec. 35001. 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 sec. 35000
is-a date prior to six months of the date of filing.
*Sec. 35002. No petition seeking the annexation or transfer 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 proceedings to annex
or transfer on its own motion, until approval of the local agency formation commis-
sion is- first obtained pursuant to Chapter 6.6 (commencing with Section 54773) , Part
1, Division 2, Title 5. (Ameiided by Stats. 1967 'ch-: 1300) '
Sec. 35002.3. Territory shall not be annexed to 4'city if as a result of
such annexation (1) unincorporated land ierritory '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 commenced or- insti-
tuted after the effective date of -this section as amended by 'the Legislature at its
1963 Regular -Session.
Sec.. 35002.5. Territory shall not be deemed contiguous as the word "con-
tiguous" is used in this chapter if the only contiguity -is based on alstrip of land
over 300. feet long and less than 200 -feet wide, such width to be exclusive -of high-
ways.
Territory shall be deemed contiguous as the word."contiguous" is' used in
this chapter if the area thereof is separated by territory within the boundaries
of another city or if such area is separated from the boundaries of an annexing
city by territory within .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 separating point is uninhabited as defined in Section 35303 of the
Government Code.
Territory shall be deemed contiguous as the-woid contiguous is used in this
chapter if such territory is separated from the boundaries 'of an annexing city by ." . *
territories within the boundaries of another city provided such separating territory
}
became within the boundaries of the other city prior to June 16, 1917 and further
provided such separating territory is not in excess of 750 feet in width at all of
its separating points and provided further that said territory is a part of the
same unified school district as the largest portion of the city seeking to annex
such territory. (Amended by Stats 1965 ch 1984)
Sec. 35003. Notwithstanding the provisions of sec. 35002.5, territory which
is T*holly 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.
Sec. 35004. 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 of the county in which such territory is situated pursuant to
sec. 25560 of the Government Code, shall be annexed to, or become a part of, any city
without the consent or the governing board of the junior college district.
Anything in this code to the contrary notwithstanding, territory surrounding
lands owned by a junior college district and acquired by such district prior to July
1, 1952, pursuant to the provisions of sec. 25560, may be annexed to a city.
Sec. 35005. - Repealed. (See sec. 53292, added to Gov. Code by the same
chapter, page 29 infra).
Sec. 35006. When uninhabited territory owned by a city is annexed, proceed-
ings may be had under Article 3 or Article 5 of this chapter.
Sec. 35007. 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 351' or 35313, whichever is applicable to the proceedings, even though
the proceedings have been terminated. The city legislative body shall, at the
hearing or within (1) 30 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 provided 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 except upon the petition or consent of all property owners of the territory
proposed to be annexed. 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 1965 ch 1603.)
Sec. 35008. 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 proceedings 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 f�
shall by resolution exclude such property from the territory annexed. If the
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I
i
annexation. proceedings have beer. 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 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._
Sec. 35009. 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._annexed 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 territory for purposes
of secs. 35158 and 35326.
This section shall apply only to ecunties which have, on or before December
31, 1954, -.adopted a master plan for land -use which 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 restrieted: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 secs. 35105.5 or 35304.5 as to any territory
situated outside of the land so zoned.
Sec. 35009.1. Any land which is zoned and restricted for agricultural pur-
poses exclusively pursuant-to a general.plan for land use in any county and which was,
at the time it.was so zoned and-restricted
., not located within three miles. of the
boundary of any city.:shall not., .while it is so zoned., be annexed to a city pursuant
to Article 2 (commencing with Section 351-00) or Article 5 (commencing with Section
35300-), without the consent of two-thirds of the owners of land which is proposed to
be annexed.
band so zoned shall not be considered unincorporated territory:for purposes
of Sections 35158 .and 35326. This section shall .not apply to counties which have, on
or before December 31, 1954, adopted a master plan for land use which includes provi-
sion for the-zoning and restricting of .land for exclusively agricultural purposes.
- This -section shall apply only to -counties which have adopted a general plan
for land use which includes provision for the zoning and restricting of land for
exclusively agricultural purposes.
This section shall not be construed and is not intended to prevent the annexa-
tion -of roads, and lands so zoned shall not be _included - n computing the ff mile
limitation under Government Code Sections 35105.5 or• 35304.5 as to any territory
situated outside of the land so zoned.(Added .by Stats 1965 ch 1869).
Sec. 37010. 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, notwithstanding any city zoning ordinances, unless
consent to a change in use is granted by the landowner of the territory.
Sec. 35011. If .a suit is brought attacking the regularity or validity of
annexation proceedings -completed pursuant to this chapter and the city which has
annexed such territory is enjoined from exercising jurisdiction over such territory
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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 territory in the county, until the final dis-
position of such suit, and thereafter if it is determined that the annexation
proceedings were invalid.
Sec. 35012. Any person making a protest to an annexation or to an annexa-
tion election may withdraw his protest at any time prior to final adjournment of
the hearing on protests by filing with the clerk of the legislative body of the
annexing city a written statement that he withdraws his protest. If the withdrawal
is made during the hearing the written statement may be filed with the legislative
i
body or with the clerk.
*Sec. 35014. No tidelands or submerged lands which are owned by the state
or by its grantees in trust shall be annexed to a city except that portion of such
tidelands or submerged lands encompassed within the seaward or waterward 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 approved by the State Lands Com-
mission.
If any such tidelands or submerged lands shall be included within the bound-
aries of any territory .proposed to be annexed to a city, a description of such
boundaries, together with a map showing such boundaries, shall be filed with the
State Lands Commission. Such filing shall be made prior to filing or taking any
action under Chapter 6.6 (commencing with Section 54773) , Part 1,.Division 2, Title
5. The State Lands Commission shall approve or disapprove all portions of the
boundaries located upon such tidelands or submerged lands and in making such deter-
mination it shall, where feasible and appropriate, require such extensions of the
land boundaries of the city to be at right angles to the general direction of the
shoreline at each point of intersection of the shoreline with the land boundaries
of 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 it may deem necessary considering any
irregularity of the shoreline, other geographical features, the effect of such off-
shore or submerged lands annexations on the uplands of the city and adjoining terri-
tory, and the existing -and potential boundaries of other cities and of unincorpo-
rated communities.
Within 45 days after the filing of the boundary description and map with
the State Lands Commission, said commission shall make a determination of the proper
offshore or submerged lands boundaries. Said determination shall be final and con-
clusive. Failure to report within said .time shall be deemed approval of the pro-
posed offshore or submerged lands boundaries.
The State Lands Commission shall report its determination to the city, to
such other person or persons, if any, as shall. have filed said boundary description
and map, and to the executive officer of the local agency formation commission.
Thereafter, filings and action may be taken pursuant to Chapter 6.6 (commencing with
Section 54773), Part 1, Division 2, Title 5. Pursuant to said Chapter 6.6 the local r.
agency formation commission may review and make determinations as to all portions of
the boundaries, other than said offshore or submerged lands boundaries.
For purposes of this section, submerged lands include but are not limited to
lands underlying navigable waters irrespective of whether or not such waters are
subject to tidal influences. (Amended by Stats. 1967 ch. 954)
v
Article 2. Annexation Act of 1913
Sec. 35100. This article may be cited as the Annexation Act of 1913.
Sec. 35101. 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.
Sec. 35102. 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.
Sec. 35103. The boundaries of any city may be altered and new territory
annexed to,, and incorporated within,, it pursuant to this- article.
Sec. 35104.-- To qualify for annexation' new territory shall be contiguous
to: (a). The city' or (b) Contiguous territory where the electors have voted for
annexation to the city.
Sec. '35104.5. Real property belonging to a public agency maybe annexed
pursuant to this article.
Sec. 35105. 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.
Sec. 35105.5. Notwithstanding the provisions of sec. 35002.5' territory con
sisting of property abutting on a street,, ighway,, or road,, and such street,,
highway or road to the extent that it- abut.s 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 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"y con-
sisting of property abutting on a streetY. highway,, or road and such street.. highway
or road to time extent it abuts such property 'to the annexing city.
Territory described in the first paragraph shall not be annexed if the dis-
tance measured by the "road strip" is more than one-half mile from the point -at
which such,"rooad 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., highway.,
or road which connects 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 any
boundary of the "territory first annexed",, unless the portion of the "territory first
-- annexed" which constitutes the "road strip" of such territory is less than one-half
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0
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 proposed to
be annexed which constitutes the "road strip" of such other territory.
Sec. 35106. The consent of the city legislative body shall be obtained
before any proceedings are commenced pursuant to this article.
Sec. 35107. Subdivided 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.
Sec. 35108. In cities having a planning commission, consent shall not be
given by the legislative body,pursuant to secs. 35106 and 3510T until it has received
a report or recommendations from the commission.
Sec. 35109. 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.
Sec. 35110. Territory 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.
Sec. 35111. 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.
Sec. 35112. 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.
Sec. 35113. Within 15. days after such filing the legislative body may adopt
a resolution acknowledging receipt of the notice and approving the circulation of
the petition. (Amended by Stats 1965 ch 2o45)
Sec. 35114. 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 sec. 35113.
Sec. 35115. When a petition for the annexation of any new territory, contain-
ing a sufficient number of valid signatures, has been received by its legislative body,
,jurisdiction over the proceedings is acquired, and until annexation to such city has
been defeated by the electors of the territory or the electors of the city as provided
in sec. 35122, or until proceedings relating to the annexation become void or are
otherwise terminated:
(a) No other petition provided for in this division asking for the annexation
of any of the territory described in the filed petition shall be filed, presented to
or acted upon by the legislative body of any other city.
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.(b) No other legislative body shall consent to the circulation of a petition
or initiatet.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.
(c) No notice. _of intention to circulate a,petition -for incorporation of any
part of the territory described in the filed petition shall.be filed.
Sec. 35116. Upon receiving a petition signed by' not less than-one-fourth of
the qualified electors residing.Within the :territory., as shown by the county registra-
tion.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-
required pursuant to sec. 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 thereof. If the clerk's certificate shows the petition to be insuffi-
cient, the 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 registration of voters shall., within 10 days after the supplemen-
tal 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.
Sec. 35117. The resolution shall describe specifically the boundaries of
the territory..proposed to .be annexed and designate the territory by some appropriate
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 sec. 35120.
,.Sec. 351.18. A hearing shall be held'not less than fifteen-•nor more than_
forty days after the passage of the resolution.
Sec. 35119.., .The city clerk shall cause a copy of.'the resolution to be
published pursuant• to sec. 6066 in•a newspaper:of.general circulation-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. noti•ce 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 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.
Sec. 35120. At any time not .later than the hour set for hearing objections
to the election., any owner of property within the territory may make `a written protest
against the. annexation. . If at the time set for hearing objections to the annexation.,
Protests have been filed-:which are,.insufficient to terminate 'further proceedings., .the
_7_
meeting shall be recessed for a period of not less than 10 days and supplemental
protests may be filed within such period and until the hour set for reconvening the
hearing. 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 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
or the person or persons entitled to be shown as owner on the current assessment roll
who shall be deemed the 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 corporation to act as
agent or make .sueh protest.
If protests are made by petitions the petition shall.contain the same
information required of individual protests,, and there shall be attached to the peti-
tion 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 affiant'circulated that partiovJAr paper,_,sav written'.the signatures -appended
thereto; that he resides at -------; ,and that according to the best information and
belief of affiants
(a) Each is the genuine signature of the person whose name is 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.
Sec. 35121. At the time set for hearing protests., or to which the hearing
may have been continueds the city legislative body shall hear and pass upon all
protests so made:
(a) If privately owned property and no publicly owned property is proposed
to be annexedR 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 fran 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 proceedings 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 pursuant to subdivision (a)
of this section. The value given publicly owned property for protest purposes shall
be determined b the count assessor in the same manner as is y y provided in subdivision
(a) of this section for privately owned propertyp exempt from taxation.
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I
(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 propor-
tion 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 assessor by the.protestant and.submitted- to the legislative.•body
with the written• protest.
Sec. 35121.1. The city-legislative- body shall find and declare by resolu-
tion 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-
• resolution that. a majority protest: has been made.
If a resolution finding and declaring-that a-'majority protest• is. made is
adopted or .deemed adoptedp'-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 adop-
tion of the resolution except upon the petition or consent of all property owners of
the territory proposed to be annexed. (Amended by=Stats 1965`ch 1603)
Sec. 35121.5• If the-city legislative body finds by-'resolution adopted
pursuant to sec. 35121.1 that a:majority protest has-not been made in accordance. with
sec. 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, bat 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.
Sec. 35121.6. 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 local agency formation commission pursuant to
Government Code Section 54790--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. - (Amended by
Stats 1965 ch 587.)
Sec. 35122. If it finds by resolution adopted pursuant' to sec. 35121.1 that.
a majority protest is not made as prescribed:in sec. 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 number of qualified electors of the .territory- equals one-half., or
more, of the number of qualified` electors within'the-city. -as shown by the ccunty
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registration of voters, then the city legislative 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 territory by the
city for one year.
I
Sec, 35123. 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
newspaper 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.
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 sec. 35122 of this code,
then the city legislative body shall cause notice of this election to be published
once a week for four weeks prior to the election in a newspaper of general circula-
tion, 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:
Sec. 35124. 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 proposed to be annexed. (d) Designate the name by which
r,
the territory may be indicated 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 sec. 35146,
the annexation will become effective if the annexation is completed.
Sec. 35126. The legislative 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.
*Sec. 35127. The legislative body shall appoint two clerks, one judge and
one inspector for each voting place, as officers of the election. Each officer
shall be a qualified voter of the voting precinct in which he is appointed to act.
(Amended by Stats. 1967 ch. 184)
Sec. 35128. 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..
Sec. 35129. ; 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.
Sec. 35130. Except as otherwise provided, the ballots used, the opening and _
closing .of the pools, and the conduct of the election in the territory shall conform
as nearly as possible with the Elections Code provisions concerning general elections.
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i
Sec. 35131. 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 casts and deliver them with the returns to
the clerk of the city legislative body.
Sec. 35132. At its next regular meeting held at least three days after the.
elections the city legislative bod%t.shall canvass the returns. The canvass shall be
completed at the meeting,, if practicableY or as soon as possibleo avoiding-adjourn-
ments.
Sec. 35133. 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 the against
annexation in the election within the territory proposed to.be annexed and in the
election within the annexing city,. separately., if the election within the city is
required to be held as provided in sec. 35122 of this code.
Sec.. 35134. 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.
Sec. 35135• 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.
Sec. 35136. If the legislative body fails to approve the annexation: 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.
Sec. 35137. 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 submittto 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. .
Sec. 35138. When the question of -annexation of two or more bodies of new
territory 'is submitted at any municipal elections the notice of the election shall
state., as separate propositions to-be submitted. at the election., the question of the.
annexation of each body of new territoryo and the question as to each body of new
territory shall be printed separately upon the ballots.
Sec. 35139• When the question is submitted at any municipal election., it
shall be stated in the notice of election' annd 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.9 the election shall be con-
ducted pursuant to the Elections Code provisions relating to municipal elections.
Sec. 35140. Immediately upon completion of the canvass of any municipal
el.ection. 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.
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Sec. 35141. - Where the question of annexation of two or more territories has
been submitted at a!municipal election., and one or more of the territories is contig-
uous 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 favor-
able vote on the territories that would make the noncontiguous territories contiguous
to the city.
Sec. 35142. if the majority of the votes cast on the question is for annexa-
tion, 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.
Sec. 35143. 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 territory which is not effective pursuant to this article.
Sec. 35144. If annexation was approved by ordinance.. a certified copy of the
ordinance., giving the date of its passages shall. be substituted for the copy of the
record of the canvasses.
Sec. 35145.' Immediately upon receipt of the document., the Secretary of State
shall file it., and tree snit a certificate of the filing to the clerk of the legis-
lative body., and to the board of supervisors of the county in which the city is
situated.
Sec. 35146. 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 sec. 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 c anpliance with secs. 34080 and 54900 of this code., and any
action required. for the wsessment and, levy of property taxes., the territory shall be
deemed a part of the city frcm the date of filing by the Secretary of State. If no
date is fixed by the legislative body in the resolution described in sec. 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 pursuant to sec. 340801 whichever occurs later.
Sec. 35146.1. 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.
Sec. 35147. 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. iprovements., 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 submitted to the
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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
indebtedness outstanding or authorized, at the date of the first publication of the
notice of election or the petition presented to the city legislative body-msy* :either
additionally or alternatively contain. a request that the .question submitted to ,t-he
electors residing in the territory shall bey whether the territory shall be annexed,.
and the property in the territory subjected to taxation- afterannexation to pay the
amount of money fixed to represent the value 'to the territory of municipal improve-
ments already paid for by city taxpayers.
Sec. 35148. If such a request., or reciuestsj, is made in the petition., in
addition to the matters required by sec. 35124 the notice of election shall:
(a) With respect to a request for assumption of bonded indebtedness:
(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 outstanding 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 payabl,ep or to be
payable 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 of
municipal improvements:already paid Tor by city taxpayers. _(3) State the improve-
ments 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 taxation of property in the territory.
Sec. 35149. In all other particularsy the annexation shall be conducted as
if there were no question of a.ssuaning an indebtednessv or tax liability for municipal
improvements already paid for by city taxpayers.
Sec. 35150. When the annexation of territory voting to assume such city in-
debtedness 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.
Sec. '35152• Except as provided in this articlep property within such annexed
territory shall not be taxed to pay any indebtedness or liability of the city con-
tracted prior to or existing at the tiiue of annexation.
Sec. 35153• Where territory is 'andexed 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 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.
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Sec. 35154. In altering the bamxl ries of wards., or creating new wards., each
ward shall contain, as near as possible, an equal number of inhabitants eligible to
citizenship.
Sec. 35155. Any proceeding held pursuant to this article does not alter or
affect the boundaries of any senatorial or assembly district.
Sec. 35156. 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 Improvement 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., widening., extending or change of grade
of streets or other public places. Such proceedings shall be continued by the county
initiating them as if the territory affected were not annexed.
Sec. 35157. All proper expenses of proceedings 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.
Sec. 35158. Territory shall not be annexed to a city pursuant to this .article
if., as a result of such annexation, unincorporated land territory is m mpletely
surrounded by such city or by lard 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
Sec. 35200. Contiguous territory owned by a City may be annexed to and in-
corporated within it., pursuant to this article.
Sec. 35201. Contiguous uninhabited territory in the same county., not a part
of any other city., owned bye 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 property are com-
menced., the school district shall file with the city legislative body a verified
petition describing the territory., alleging facts qualifying it for annexation
pursuant to this section: and requesting that it be annexed.
Sec. 35201.5. Pursuant to this article., a city may annex noncontiguous
territory not exceeding 100 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 completion 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 annexing 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 section may annex pursuant to this article
additional territory which is owned by the State of California and which is contiguous
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to such first annexed territory if the total acreage of the ft-rst":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
annexed territory or one• or more registered'voters res de•thereon., the subsequently
annexed territory ceases" to be :part of the city.
If territory annexed to a city pursuant to this section becomes contiguous
to such cityi the limitations imposed by this section shall terminate. (Amended by
Stats, 1965 ch .166)
Sec. 35203. 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 ofthe territory-and requesting its
annexation to the- city.
Sec. 35203.5. Pursuant to this article a city may annex uninhabited noncon-
tiguous territory owned by it for municipal purposes which lies within the boundaries
of, and is part of the incorporated territory of, another city situated in the.;same
county as the annexing city; provided, however, that the maximum amount of territory,
so annexed in any one proceeding shall not exceed 100 acres in�area. Such uninhabited
territory may be annexed in a single proceeding notwithstanding that. it consists of
more than one parcel of land, and notwithstanding.-that the parcels, if there are more
than one, are not contiguous to each other.
Proceedings shall be commenced in the-manner specified in Section 35203 except
that prior to commencement of the proceedings, the legislative 'body of the city in
which. the' territoiy to'be annexed lies shall, by'a four-fifths vote, approve the
transfer of the property to be annexed-to the annexing city, and the record of such
vote shall be transmitted to the board of supervisor's together with the petition of
the annexing city. A taxpayer in either city may object in the manner specified in
Section-35205.. (-Added by Stats 1965 ch 1984- )-,;
Sec3520�+• Upon receivigg the petitions the b�xd of supervisors shall
cause.. notice of the proposed annexation to 'be 'published in' a newspaper of general
circulation,'-for *five consecutive days ifa 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.
Sec. 35205, Any taxpayer in the county or _city may object to the annexation
by filing--a written,protest with- the board of supervisors.
Sec, 35206. At the time-:specified in the notice, 1.or fixed by postponement,
the board of supervisors shall hear the protests. The decision of the board. of
supervisors upon the protest is final.
Sec. 35207. After hearing 'the protestts; the board of, supervisors. shall vote
upon the, question 'of 'the annexation. A majority vote of the board is"final upon the
question.
Sec. 35208. If the board of supervisors' approves the annexation cf the terii-
tory 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 annexa-
tion and the date on which it was passed.
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Sec. 35209. The documents. shall be filed by the Secretary of State and the
clerk of the board of supervisors.
Sec. 35210. 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 a"
purposes.
Sec. 35211. 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.
Sec. 35212. Where territory is annexed to a city divided into wardsp or to a
city which later divides itself into wards, by ordinance the city legislative body
shall alter the boundaries of the 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.
Sec. 35213. Any proceeding held pursuant to this article does not alter or
affect the boundaries of any senational or assembly district.
Article 4, Territory of an Adjacent City
Sec. 35250. Upon receipt of a petition for the alteration of the boundaries
by the exclusion of apart of the territory thereof and the annexation of it to a
contiguous cityp 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 excludedt the legislative body of each city may approve the proposed alteration
by a four-fifths vote of its members. .
Sec. 35251. 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 provisions relating to municipal elections.
Sec. 35252• The legislative body shall give notice of the election by publi-
cation 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 proposed
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.
Sec. 35253. 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)?".
See. 35254. If 'a majority 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.
Sec. 35255. If a majority of 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.
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Sec. 35256. 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.
. Sec. 35257. . The clerk of the legislative body conducting the election shall
file.the_af.fidavit•.of completion.
. .Sec. 35258. From:the -date of filing-.such.documents, the alteration of terri-.
tory is complete, and. the territory:ceases,to be.a part ,of the city from.which it
was excluded.
Sec. 35259. This article does-:not relieve any part of the territory- from
liability for-:the debts contracted by the- ci:ty..prior to the. exclusion..,: _From .time -to
time, the excluding .city.shall levy and collect from the excluded territory its just._ .
proportion of liability for any payment�on the: principal and interest:-of- such:.debts..
Sec. 35260. When-any-.city to..which it is proposed to annex territory.-has .
incurred,. or authorized the incurring of, any. bonded indebtedness for the- acquisi-
tion, construction, or completion of any-municipal improvements-, the petition pre- .
sented 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
bc�::-,.red indebtedness outstanding at the date of the 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 4.5. Transfer-of Territory From;One City
to a Contiguous City
(Chapter .l. Part 2, Division.2, Title 4 of the Government Code)
Sec. 35270. This article provides an alternative procedure for the transfer
of territory from one city to a contiguous city in the. same county.
Sea. 35271. -. Proceedings- to transfer territory from one- city.,to a contiguous
city are initiated-by filing with the board of supervisors of the county in which the
cities are situated either
a. A petition signed by not less than 25 percent of the registered electors
residing in the territory to be transferred if the territory is inhabited, or
b. A petition signed by 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 assess-
ment roll of the- county in which the territory is. situated if the territory is unin-
habited; or
c. A resolution of the legislative body of the city in which the territory .
is situated.
There shall be filed with the petition :a resolution of consent to the. .trans-.
fer adopted by the legislative body of the city in which the territory is situated.
In every case there shall be filed with the petition or resolution a resolu-
tion. of consent to the transfer adopted by.the legislative body of the. city to,which
it is proposed to transfer the territory. The petition or resolution shall contain
a description of. the territory proposed to be transferred, .the name of the city in
which the territory is presently included and the name of the city to which it is
proposed that the territory will be annexed.
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Sec. 35272. The clerk of the board of supervisors shall, without delay,
cause notice of the proposed transfer to be published in each of the affected cities
pursuant to Section 6061. The notice shall contain a general description of the
territory to be transferred, the city in which the territory is presently situated
and the city to which it is proposed to be annexed, •and announce the time and place
written protests will be heard which shall be not less than 40 nor more than 60 days
after the date of the first publication. The clerk shall mail a copy of such notice
to the legislative body of the city from which territory is proposed to be trans-
ferred-and to the legislative body of the city to which=the territory is proposed to
be annexed at least 30 days prior to the date set for hearing.
Sec. 35273. After hearing all persons interested in the proposal, the board
of supervisors shall grant or deny the request by resolution or, if the territory is
inhabited, it may require an election to be held on the question. If the board
grants the request, it shall determine whether all or only a part of the territory
shall be transferred. If the board desires to change the boundaries of the territory
to be transferred it shall first secure the approval of the local agency formation
commission pursuant to Section 54799.1 and the cities affected by the proposed trans-
fer. If the board requires an election to be held, it shall be held only in the
territory proposed to be transferred, except that it shall be held in the entire city
from which the territory will be transferred if more than 25 percent of the assessed
valuation of such city is located in such territory,
Sec. 35274. At any time prior to final adjournment of the hearing, any owner
of property within the territory may file written protest against the transfer. 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 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 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 corporation to act as agent or make
such protest.
Sec. 35275. At the time set for the hearing, the board of supervisors shall
hear and pass upon all protests so'made:
(a) If privately owned property and no publicly owned property is proposed
to be transferred, further proceedings shall not be taken if protest is made by pri-
vate owners of one-half of the value of the territory proposed to be transferred.
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 prop-
erty 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 transferred in the same proceeding, further proceedings shall not be taken if pro-
test 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
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shall be determined by the county assessor in the same manner as is provided in sub-
section (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 protests purposes to- be given property hEld.in joint
tenancy or tenancy in common..shall.be..determined.-by the legislative body in propor-
tion to the proportionate interest of _the protestant in such property... .
(e). When.property is .subject to a written recorded.agreement tombuy, 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 public owned property., or. privately owned
property exempt from taxation by the county assessor for protest purpose shall be
obtained from the assessor by the protestant and submitted .to the board of super-
visors with the written protest.
Sec. 35276. The board of supervisors shall find and declare by resolution
adopted at the hearing or within 30 days after.the. closing of the hearing 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:ha_ve 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.transfer.:of any of, the same
territory to the city shall be taken for one year after the date of. the adoption of
the resolution except upon the petition or consent of all property owners of the
territory proposed,to be .transferred. .. .
Sec. 35277. If an election is required, the legislative body of the city. . ..
from which the territory is proposed to be transferred shall submit the question as
specified in the resolution of the board of supervisors_ to the electors at a special
election to be held for that purpose. The election shall be held pursuant to the
Elections Code provisions relating to municipal elections and Sections 35252 through
35257 of thiB-Government_ Code- shall be followed...,.
Sec. 35278. If the board of supervisors grants .the.reques.t- to transfer the
territory without election, the. elerk.of the board :shall:enter upon the minutes,
certify and transmit to the Secretary of State and to the legislative bodies of the
cities affected copies of the resolution approving the transfer. The clerk shall
also file the affidavit of completion .and statement.:.o boundary change required by
Sections . 34080 and 54900.
Sec. 35279.. The board of supervisors may fix .the date the transferred
territory is a part of the city in its resolution approving, either.with or without_ _
election, the transfer. The date shall not be 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 com-
pliance with Sections 34080 and 54900 of this code, and any action required for the
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assessment and levy of property tax, 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 board of supervisors, the territory is a part of "the city for all purposes
from the date of filing by the Secretary of State.
Sec. 352.80. This article does not relieve any part of the territory
from liability for the debts contracted by the city prior to the transfer to the
contiguous city. The city from which the territory is transferred shall levy and
collect from the transferred territory its proportion of liability for any payment
on the principal and interest of such debts.
(Added by Stats. 1967 ch. 1300)
Article 5. Annexation of Uninhabited Territory Act of 1939
Sec. 35300. This article may be cited as the'Annexation of Uninhabited
Territory Act of 1939.
Sec. 35301. When proceedingsfor 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.
Sec. 35302. The boundaries of a city may be altered and contiguous unin-
habited territory annexed to, and incorporated within it, pursuant to this
article.
Sec. 35302.5. Real property belonging to a public agency may be annexed
pursuant to this article.
Sec. 35303. For purposes of this article territory shall be deemed unin-
habited 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.
Sec. 35304. 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.
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Sec. 35304.5. Notwithstanding the provisions of sec. 35002.5, territory con-
sisting 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 gov-
erning 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 "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 dis-
tance 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 "terri
tory 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 ex-
tent`--that it abuts such property together with any street, highway. .or road which
connects 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
constitutes the "road strip" of such territory 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 proposed to be annexed
which .constitutes .the "road strip" of such other territory.
Sec. 35305. Upon receiving a written petition requesting annexation, con-
taining a description of the territory sought to be 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.
Sec. 35306. 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 resolution the
legislative body may set a date when, pursuant to sec. 35318, the annexation will
become effective if such annexation is completed.
*Sec. 35307. The hearing shall be set not less than 40 nor more than 60
days after the passage of the resolution. (Amended by Stats. 1967.ch. 920)
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Sec. 35308. (Repealed by Chapter 2045� Statutes of 1965.)
Sec. 35310. The legislative body of a city may initiate proceedings to annex
the territory on its own motion without requiring a petition. 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.
Sec. 35310.1. If the petition is signed or consent has been filed by, the owners
of all. of the land in the territory proposed to be annexed., the resolution giving
notice shall declare such fact. No written protests may be filed against the annexa-
tion by persons owning property in the territory proposed to be annexed.
The hearing shall be set not more than 30 days after the passage 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 newspaper of general circulation published in the ,
city. publications shall be complete at least four days prior to the date set for the
hearing. If there is no such newspaper published within 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 annexed.
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 bound-
aries 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 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 periods it shall be deemed to have adopt-
ed., on the 30th day of the same period, a resolution disapproving the annexation.
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, 35312s 35313, 35313.2, 35313.5 and 35314 do not apply
to annexation proceedings under this section.
Sec. 35311• 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 r-Ublished 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 proposed 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 all
of the territory to be annexed publication of the resolution outside of the city is
not required.
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(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 '�e,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 'toll or as known to said clerk, and -to any person who has filed his.:name. .
and address and the .des.ignation 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 written notice of such proposed annexation to-be mailed to the State
Lands Commission. Such notice shall be.gLven not less than 45,.days before the first
public hearing on the proposed annexation.
The notices 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 notices need,not be -sent if the owner or owners. of all of the territory to
be annexed have petitioned for annexation or1filed their consent to such.annexation in
writing with the legislative body,
See. 35312: 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 description of the property sufficient to Identify it .
on the last equalized assessment roll. . A metes -and bounds description shall not be
required Jf 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 owners 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 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 corporation to act as agent or make
such.protest.
Sec. 35313• 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 property 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 taxa- .
tion., 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.
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41
(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 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 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 purpose shall be
obtained from the assessor by the protestant and submitted to the legislative body
with the written protest.
1 Sec. 35313.1. When territory proposed to be annexed consists wholly or partly
of -tide or submerged lands owned by the State,, the legislative body shall determine
the value of 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 wA ting the legislative body
of its determination. The legislative body may be guided by the valuation as deter-
mined 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 value of lands. During the pendency of such action further proceedings for
annexation shal]. -be stayed,, and the valuation determined by the court shall be conclu-
sive upon the legislative body.
The provisions of this section shall not apply to any proceedings for the
annexation of territory commenced prior to June 1,, 1957•
Sec. 35313.2. The city legislative 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 resolu-
tion within such period,, it shall be -deemed to have adopted on the 30th day a resolu-
tion 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 except upon the petition or consent of all property owners of the
territory proposed to be annexed. (Amended by Stats 1965 ch 1603).
Sec. 35313.5. If the city legislative body finds by resolution adopted par-
scant to sec. 35313.2 that a majority protest has not been presented in accordance
with sec. 35313 and if it elects to proceed it may make such changes in the boundaries
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I
of the territory proposed.�to be annexed as it finds. properj 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.
Sec. 35313.6. If the legislative body of the city makes any changes in the
boundaries in accordance with -the provisions of Section. 35313.5s it shall resubmit;
the boundaries as changed to the local agency formation commission pursuant to
Government Code- Section 54790 for report as to definiteness and certainty. Upon
receipt of the report the city legislative body mays if necessary, .amend the boundary
description to make the boundary description definite and certain. (Amended by Stats
1965, c4: 587.)
Sec. 35314. If the city legislative body finds by resolution adopted pur-
suant to sec. 35313.2 that a majority protest has not.been_ made, the legislative body
shall. approve or• disapprove the annexation, by ordinance adopted within 60 days after
the hearing on protests.- If the..legislative body fails -to adopt. the ordinance within
such.periody it shall. be deemed to have adopted, on the 60th day of such periods an
ordinance disapproving the annexation.
See. 35315• If an ordinance disapproving the annexation is adopted or deemed
to .have .adoptedp a new petition or proceeding; embracing any of the same territory
shall not be filed with, or initiated by, the city for 12 months after the date of
the adoption of the ordinance.
.Sec. 35316. 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.
Sec. 35317. Upon receipt of the certified copy of the ordinance, the. Secre
terry of State shall file'it and transmit certificates of filing_ to the clerk' of the
city legislative body and board of supervisors of the county in which .the city is
situated.
Sec. 35318. 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 sec. 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 secs. 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 sec. 35306
the territory is a part. of the .city for all purposes frem 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 sec. 34080, whichever occurs later.
Sec. 35318.1. . As an alternative to .any procedure prescribed by law for the.
division of taxes.. of 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.
See. 35319. Property within the 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 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 legislative body prior to the
adoption of the ordinance approving annexation.
Sec. 35320. When a city annexes territory formerly included in another cityp
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.
Sec. 35321. All proper expenses of proceedings for annexation pursuant to
this article shall be paid by the city annexing or attempting to annex the territory.
Sec. 35322. Where 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 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.
Sec. 35323. 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.
Sec. 35324. Any proceeding held pursuant to this article does not alter or
affect the boundaries of any senational or assembly district.
Sec. 35325. 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 Improvement Act of 1919., or any act relating
to proceedings for 'the acquisition of lands or rights of way for the use or improve-
ment of roadsj, 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 proceedings shall be continued by the county initiating
them as if the territory affected were not annexed.
Sec. 35326. Territory shall not be annexed to a city pursuant to this article
if, as a result of such annexations 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 6. Annexation of Enclosed Territory Act of 1963
Sec, 35400. This article may be cited as the Annexation of Enclosed Territory
Act of 1963.
Sec. 35401. 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 with prior
to January 1. 1963, constituted "enclosed territory" as defined in Section 35405•
Sec. 35402. The boundaries of the city may be altered and enclosed territory
annexed to and incorporated within it pursuant to this article.
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Sec. 35403. The. provisions_ of. Sections 35002.3, 35002.5., and..35008 shall not
apply to proceedings. instituted under this articles, except that any territory annexed
Pursuant to this article must abut territory within ,the city at at .least one point..
Sec. 35404. Real property belonging to ,a publi..c agency may be annexed pursu-
ant to this article.
Sec. 35405. "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 surrounded by the annexing city. Enclosed territory- may be annexed pursu-
ant to this article regardless of whether.the enclosed territoryp proposed to be
annexed., is inhabited territory or uninhabited territory within the meaning of this
chapter.
Sec. .35406. . Proceedings for the annexation 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. _
. Sec: 35407. Upon receiving a written petition requesting annexation., contain-
ing a description of the territory sought to be included.in the city,, and signed by
the owners of WW of the .land within the enclosed territory., the legislative body may
pass a resolution giving notice of the proposed annexation.
Sec.. 354o8. . The legislative body.of a city may initiate proceedings to annex..,
the territory on its own motion without requiring a petition. . If it does., the resolu-
tion,
giving notice shall declare that .proceedings..have been initiated-by the legisla-
tive body and set forth its reasons for desiring annexation.
Sec. 35409. The resolution shall describe the boundaries of the territory
specifically, designate it by an appropriate name., and contain a notice of the time
and.pl.ace the legislative-body will hear written protests against the annexation made
by any,person. owning real property within.the territory. 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.
Sec. 35410, The hearing shall be set not less than 40 nor more than 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 they
i consent to such annexation in Frriting with the legislative body., the legislative
body may proceed as set forth in Section 35416.::
Sec. 35411. 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 published 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 written notice of
such .proposed annexation to be mailed -to each person to whom land within the terri-
tory.proposed to be ennexedp is assessed_ in the last equalized county as sessment.roll..
available pn the date the proceedings were initiated' at the address shown on said.
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assessment roll or as known to said clerk., and to any person who has filed his name.,
address.. or mailing address and the designation of the lands in which he has any
interestp 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 a
written notice of such proposed annexation to be mailed to the board of supervisors
of such county.
The notices referred to in subsections (a) and (b) shall be given not less
than 20 days before the first public hearing on the proposed annexation.
Sec. 35412. 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 annexa-
tion. 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 hounds 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 ownerj, and
except that.. where the property affected is subject to a recorded written agreement to
buyj, 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 authorized 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 ofproperty by any
officer or employee of the corporation without written authorization by the corpora-
tion to act as agent or make such protest.
Sec. 35413. Protests may be filed by the owner of any property included with-
in the territory proposed to be annexed. 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 rollj, or the person owning the equitable
interest in the subject real property.
Sec. 35414. The city legislative body shall find and declare by resolution
adopted at the hearing or within 10 days after the hearing on protests whether or not
a majcaity protest has been made. If it does not adopt such a resolution within such
period, it shall be deemed to have adopted on the loth day a resolution that a major-
ity protest has been made.
If a resolution is adopted or deemed adopted finding and declaring that a
protest is made by the owners of real property within the territory proposed to be
annexed the assessed value of which., as shown'by the last equalized assessment roll.,
constitutes 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 territory to the city shall be taken for one year after the date of
the adoption of the resolution.
Sec. 35415. If the city legislative body finds by resolution adopted pursuant
to Section 35414 that a majority protest has not been made, the legislative body shall
approve or disapprove the annexation by ordinance adopted within 60 days after the
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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. .
Sec. 35416. As an alternative to the foregoing proceedingst 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-thelcity; the city legislative body may', 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.
�,- Sec. .35417. 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.
Sec. 35418. Upon receipt .of .the certified copy of:_the ordinance, the Secre-
tary 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.
Sec. 35419. 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 f or,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 Staten
If no date is fixed by the legislative body in the resolution described in Section
35409, the territory is a part of the city for;.Iall purposes from the date of filing
by the Secretary of State or the date of'the filing of the affidavit with the record-
er of the county pursuant to Section 34080, whichever occurs later.
Sec. 35420. All proper expenses of proceedings for annexation pursuant to
this- article shall be paid by the city annexing or attempting to annex the territory.
:. -Sec. 35421. Where 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 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.
Sec. 35422. 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.
Sec. 35423. Any proceedings held pursuant to this article does not alter or
affect the boundaries of any senatorial or assembly district.
Article 7. Annexation of County Highways
*Sec. 35450. 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 portions thereof, bounded on both sides by city boundaries, pursuant to
the provisions of this article. The local agency formation commission shall not ap-
prove a proposal unless it determines that the highway to be annexed is in a state of
good repair. (Amended by Stats. 1967 ch. 920)
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Sec. 35451. 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 annexed and indicate
the city or cities to which it is proposed to be annexed or to which its respective
portions are to be annexed.-
Sec. 35452. The clerk of the board of supervisors shall cause notice of
the proposed annexation to. be published in the county pursuant to sec. 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 objections 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.
*Sec. 35453. Any taxpayer of the county or of any city to which it is pro-
posed that such territory be annexed, as well as any city whose boundaries are con-
tiguous to the territory or territories proposed to be annexed, may object by filing
a written protest with the board prior to the date set for the hearing. (Amended by
Stats. 1967 ch. 920)
Sec. 35454. . 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 supervisors upon the protest is final.
Sec. 35455. 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.
Sec. 35456. If the board of supervisors approves the annexation of the ter-
ritory or territories to the city or cities as proposed, the clerk of the board shall
enter upon its minutes, certify, and transmit to the Secretary of State and to the
legislative body or bodies of.the annexing city or cities copies of the resolution
approving the annexation and the date on which it was passed.
Sec. 35457. 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.
Sec. 35458. The clerk of the board of supervisors shall file the affidavit
of completion and the statement of boundary change required by Chapter 8, Part 1,
Division 2, Title 5, of this code,
Article 8. Annexation of Territory Owned by the
Federal Government
Sec. 35470. Contiguous territory, in the same county, not a part of any
other city, owned by the Federal Government or an agency thereof may be annexed to
a city pursuant to this article.
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Sec. 35471. If the Federal Government .or agency thereof owning such territory
consents to the annexation, the city legislative body-may initiate proceedings for .
annexation in the manner provided by sec. 35203. The annexation proceedings: she-U be
conducted in the manner prescribed in secs. 35203 to 35210, inclusive, and all of the
provisions of such sections and of secs. .35212 and 35213 shall apply to such proceeding
and annexation.
TITLE 50 DIVISION 1y PART 1, CHAPTER l of the GOVERNMENT CODE
Article 8. City Boundaries
Sec. 50190. If the boundaries between cities or between a city and unincor-
porated territory are conflicting or incorrectly described, or if by rea"son -of the
resubdivision of land, the change in property lines or for other cause,. the,iocatio.n
of the boundaries becomes indefinite or conflicts with the established property lines,
the boundaries may be corrected or relocated to follow definite, established property
lines pursuant to this article.
Sec. 50191. The corrected or relocated boundary lines shall conform as nearly
as practicable to the former boundaries.
Sec. 50192. Where boundary lines are corrected or relocated, the relocation
of the new lines shall be made in-such a manner that the' majority of the area of the
parcel or property affected determines the' entity within whose boundaries the parcel.
or property is or shall be located. The- purpose of this article is to authorize only
minor corrections or relocations to be made, and no corrections or relocations :shall
be made hereunder which relocate within the boundaries of another entity property in.
any parcel in excess of one acre in area.
Sec. 50193. The legislative body of any city the boundaries of which are
incorrectly described, indefinite, or conflict with established property lines, or
the board of supervisors of the county in which any such city is located, may file
with the legislative body of any other affected city, or the county, a written
petition specifically describing the parcels of land affected and the proposed loca-
tion of the new boundary line and requesting consent to the correction or relocation
of such boundaries.
Sec. 50194. Prior to being filed or acted upon petitions shall be submitted
to and reported upon by the local agency formation commission of the• county in
accordance with. subsection (f) of Section 54790 prior to being filed or acted upon.
(Amended by Stats 1965 ch 587).
Sec . 50195. The legislative body or bodies with which such petitions are
filed shall by resolution either consent to or disapprove each of the corrections 'or
relocations proposed by the petition within 30 ,days after receipt thereof. A cer-
tified copy of such resolution of consent or disapproval shall be forthwith filed.with
the clerk of the petitioning legislative body.
Sec. 50196. The initiating legislative body may thereupon, by resolution,
correct, relocate or alter such boundaries to the extent to which all affected .
legislative bodies have consented. Such resolution shall accurately describe the
corrected, relocated or altered boundaries. The enacting legislative body shall
cause its clerk to transmit a certified copy of such resolution to the Secretary of
State, to the board of supervisors of the county in which the affected boundaries are
situated, and to the legislative bodies of all affected cities.
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Sec. 50197. The Secretary of State shall file the resolution and transmit
certificates of the filing thereof to the clerks of the legislative bodies of all
affected cities and the board of supervisors in which the cities are situated.
Sec. 50198. The clerk of the legislative body initiating the proceedings
shall file the affidavit of completion and the statement of boundary change required
by Chapter 8, Part 1, Division 2, Title 5, of this code.
Sec. 50199. From the date of filing of the affidavit of completion, the
correction or alteration of boundaries is complete and effective for all purposes.
Sec. 50200. If property is excluded from any city or included in any city
pursuant to this article, such property shall cease to be liable for taxation for
the outstanding indebtedness of the city from which it was excluded and shall become
liable to taxation for the outstanding indebtedness of any other city in which it is
included.
Sec. 53292. Whenever a fire protection district or city fire department is
dissolved or the area it serves is decreased by reason of a consolidation, merger,
incorporation or annexation, and the fire protection district or city fire depart-
ment taking over the duties of the dissolved or decreased district or department
decides to hire additional firemen, it shall give first choice for the positions to
be filled to firemen employed by the dissolved or decreased district or department.
As nearly as possible such employees who are hired shall be given positions with a
rank comparable to that which they held in the dissolved or decreased district or
department. No employee shall be hired who is over the mandatory retirement age of
the fire protection district or city fire department which is taking over the duties
of the dissolved or decreased district or department.
CHAPTER 6.6. LOCAL AGENCY 'FORMATION COMMISSION
(Part 1. Division 2, Title 5 of the Government Code)
Article 1. General
Sec. 54773. This chapter shall be known and may be cited as the Knox-Nisbet
Act.
*Sec. 54774. Among the purposes of a local agency formation commission are
the discouragement of urban sprawl and the encouragement of the orderly formation
and development of local governmental agencies based upon local conditions and cir-
cumstances. One of the objects of the local agency formation commission is to make
studies and to obtain and furnish information which will contribute to the logical
and reasonable development of local governments in each county and to shape the
development of local governmental agencies so as to advantageously provide for the
present and future. needs of each county and its communities.
In addition to its other powers the local agency formation commission may
initiate and make studies of existing governmental agencies. Such studies may in-
clude but shall not be limited to inventorying such agencies and determining their
maximum service area and service capacities. If such studies are made, the commis-
sion may ask for land use information, studies, and plans of cities, counties, and
districts. Cities, counties, and districts shall comply with the request of the
commission for such information and the commission shall make its studies available
to cities, counties, and districts. In making these studies, the commission may
cooperate with the county planning commissions.
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Such information and studies shall be used by the commission as the basis
for regular decisions on proposals over which it has jurisdiction. The commission
may recommend governmental reorganizations to particular agencies in the county,
using the above information as the basis for such recommendations. Such recommen-
dations shall be made available, upon request, to other governmental agencies or to
the public.
. The commission, or the board of supervisorson behalf of the commission, is
authorized to apply for or. accept;, .or both, any financial assistance and grants-in-
aid from public or private agencies- or from the state- or federal government or from
a local government. , (Amended by Stats. 1967 ch. 920)
*Sec. 54775.. Unless the .provisions or context otherwise require, the follow-
ing definitions shall govern the construction of this chapter:
(a) "City officer" means the mayor or a member of the legislative body of
the city.
_(b) "Commission" means a local agency formation commission created pursuant
to this chapter.
(c) "County officer" means a member of the board of supervisors, the county
clerk, the county auditor or county controller, the county assessor,
the county surveyor, or the .county engineer or the county registrar of . .
voters.
(d) "Initiate" or "initiation" means, in the case of proceedings, the first
procedural step authorized or required.by any law for the commencement
.of such proceedings, such step being one of the following:
(1) The circulation of a petition.requesting any proceedings;
A 2) The filing with any officer of a county or a local agency of:
a notice of intention to circulate such a petition; or
(3) The adoption by a legislative body of a county or a local
agency of any resolution, order, or ordinance initiating
proceedings on its own motion.
(e). "Local agency" means a city or a.special district.
(f) "Principal county," in the case of a special district whose territory
is or will be located in two or more counties, shall have the meaning
contained in any definition of "principal county," as set forth in the
law pursuant to which said special district was or is proposed to be
formed. If the law pursuant to which the special district was, or is
proposed to be, formed contains no such definition, for purposes of
this chapter "principal county" means. the county having all or the
greater portion of the entire assessed value, as shown on the last .
equalized assessment roll of the counties, of the taxable property in,
or proposed to be included in, the special district.
(g) "Proceedings" means the procedure authorized and required by any law
for the incorporation of a. new city, the formation of a special dis-
trict, the annexation of territory to a local agency or the exclusion
of territory from a city.
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(h) "Proponent" means any person intending to circulate- or cause the
circulation of any petition.
(i) "Special district" means an agency of the state for the local pers
formance of governmental or proprietary functions within limited
boundaries. "Special district" does not include the state, a city,
a county, or a school district. "Special district" does include a
county service area but does not include a special assessment dis-
trict formed under the Improvement Act of 1911, the Municipal Improve-
ment Act of 1913, the Street Opening Act of 1903, the Vehicle Parking
District Law of 1943, the Parking District Law of 1951, the Pedestrian
Mall Law of 1960, or any similar assessment law, or any similar pro-
cedural ordinance adopted by a chartered city. "Special district"
does not include an improvement district or zone formed for the sole
purpose of designating an area which is to bear a special tax or
assessment for an improvement benefiting that area. (Amended by
Stats. 1967 ch. 920)
Sec. 54776. 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.
Sec. 54777., - The commission may appoint an executive officer who shall con-
duct' 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.
Sec. 54778. The county surveyor and such other officers and employees of a
city; county or special district, as may be necessary shall furnish the executive
officer with any records, information or other relevant materials in their posses-
sion which may be necessary to assist the commission.
Upon request by the commission or the executive officer, the county surveyor,
or such other county officer or employee as the board of supervisors may designate,
shall examine and report to the commission or the executive officer upon any appli-
cation or other document involving any of the matters specified in subdivision (f)
of Section 54790. '
Sec. 54779. If any special district is, or as a result of a proposed forma-
tion or annexation will be located in more than one county, the commission of the
principal county shall have exclusive jurisdiction over the matters authorized and
required by this chapter.
Article 2. Creation of
Commission and Selection of Commissioners
Sec. 54780. There is hereby created in each county a local agency formation
commission. Except as provided in Section 54781 and 54782, the commission shall con-
sist of five members, selected as follows:
(a) Two representing the county, appointed by the board of supervisors from
their own membership. The board of supervisors shall appoint a third
supervisor who shall be an alternate member of the commission. He is
authorized to serve in place of any supervisor on the commission who is
absent or who disqualifies himself from participating in a meeting of
the commission.
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(b) Two reprerenting .the cities in.the count
yp 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.
Sec... %781: If there-is.-no, city in .the county., the commission shall consist
of five memberst selected as follows.:
(a) Three representing the county., appointed by the board of supervisors
from their own membership. The board-of supervisors shall appoint a
fourth supervisor who shall be an alternate member of the commission.
He is authorized .to :serve in place of any supervisor on the commission who
is absent 'or'who disqualifies himself from participating in a meeting of
the- commission,
.(b) Two representing the general public. appointed by the other three members
of the commission.
Sec. 154782. If there is only one city in the county, the commission shall
consist of five membersP selected as follows:
(a) Two representing the county., appointed by the board of supervisors from
-their own membership; The board of supervisors shall appoint a third
supervisor wh.o'shall-be an alternate-member of the commission. He is
authorized to serve in place of any supervisor on the commission who is
absent or-who disqualifies himself from participating in a meeting of the
commission.
(b) One representing--the city., who shall be a city officer' appointed by th e
legislative body of the city.
(c) Two representing the general public., appointed by the other-three members
of the commission. .
Sec. 54783. Except for the terms of office of the members of the first com-
mission., the.term of office of each member shall be four years and until the appoint-
ment and qualification of his successor. The members of the first 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 body which originally appointed a member whose term has expired shall
appoint his successor for a full term of 'four -yearsi- Any member may be removed at
any time and without cause by the body appointing him. The expiration date of the
term of office of each.member' shall be the first Monday in May ift the year in which
his term is to expire. ' Any vacancy,in the membership of the commission shall be
filled for the-unexpired term by appointment by the-body which originally appointed
the member whose office has become vacant,
The chairman of the commission shall be selected by -the members thereof.
Commission members shall be reimbursed the actual amounts of their reasonable
and necessary expenses incurred in attending meetings and in. performing the duties of
their office. The board of supervisors may authorize payment of a per diem to com-
mission members for each day while they are in attendance at meetings of the commission.
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Sec. 54784. In each county containing two or-more cities, there shall be a
city selection committee consisting of the mayor of- each city within such county, or,
where there is no mayor, the chairman or president of the city legislative body. A
majority of the members of each city selection .committee shall constitute a quorum.
The city selection committee shall meet at the call of the local agency for-
mation commission chairman, or at the request of 60 percent of the members of the
city selection committee to fill vacancies in the commission.
The city selection committee shall-appoint one alternate member to the commis-
sion in the same manner as it appoints a regular member. If one of the regular city
members is absent from a commission meeting, or disqualifies himself from participat-
ing in a meeting, or is automatically disqualified from participating therein pursuant
to this section, the alternate member is authorized to serve in his place for that
meeting. When the commission is considering a proposal for the annexation of terri-
tory to a city of which one of the members of the commission 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.
*Sec. 54784.1. Each local agency formation commission may adopt rules and
regulations with respect to disqualification of members from participating in the
review of a proposal. In the absence, however, of any such rule or regulation, the
provisions of Section 54784 shall apply. (Added by Stats. 1967 ch. 920)
Sec. 54785. A city or county officer may serve as a member of the commission
while holding office as a city or county officer. If a member who is a city or
county officer ceases to be an officer of a city or county during his term, his
membership on the commission shall thereafter be considered vacant.
Article 3. Powers
*Sec. 54790. The commission shall have the following powers and duties,
subject to the limitations upon its jurisdiction herein set forth:
(a) To review and approve or disapprove with or without amendment, wholly,
partially or conditionally proposals for:
(1) The incorporation of cities;
(2) The formation of special districts, and
(3) The annexation of territory to local agencies (other than local
agencies the annexation of territory. to which is required to be
made pursuant to the provisions of Division 1 (commencing with
Section 56000) of Title 6 of this code) ; provided that a commis-
sion shall not impose any conditions which would regulate land
use or subdivision requirements.
(4) The exclusion of territory from a city.
(5) The disincorporation of a city.
(b) To adopt standards and procedures for the evaluation of proposals.
(c) To make and enforce rules and regulations for the orderly and fair
conduct of hearings by the commission.
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(d) To incur usual and necessary expenses foi.:the accomplishment 'of its
functions.
(e) To appoint and assign-staff personnel and to "employ or- contract for
professional or consulting services to carry out and effect the func-
tion6- of the commission.
(f) To review the boundaries of the territory involved in any proposal
with respect to the definiteness and'.certainty thereof, ,the noncon-
formance of proposed boundaries with lines of assessment or awnership,
and other similar matters affecting the proposed boundaries.
(g) To waive the restrictions of Section 34312 and 'of subdivision (1) of
Section 35002.3, and Sections 35158 and 35326 if it finds that the
application of the restrictions would be detrimental to the orderly
development of the community-'and that the area that would:be enclosed
by the annexation or incorporation is so located that it cannot
reasonably be annexed to another city or -incorporated as 'a new city.
(Amended by Stats. 1967 ch. 920)
*Sec. 54790.1, In any commission order giving- approval to any of the matters
provided for by subdivision (a) of Section-54790, the commission may'make such
approval conditional upon:
(a) The initiation, conduct or completion of proceedings for a change of
organization or a reorganization under and pursuant to the 'District
Reorganization Act of 1965, Division 1 (commencing at Section 56000)
of' Title 6 of this code; and
(b) The approval or disapproval, with or without election, as maybe pro-
vided by said District Reorganization Act of 1965, of any resolution
or ordinance ordering any such change of organization or reorganization.
If the commission shall so condition it's approval, the commission may order .
that any further action pursuant to this chapter'shall'be continued and held.in
abeyance for such period of time as the commission may designate, .not to exceed six
months from the date of such conditional approval.
Any such commission order may also provide-that- any election called upon any
of the matters provided for by said subdivision (a) of Section 54.790 shall .be called,
held and conducted before, upon the same date as, or after the date of any election
to be.called, held and conducted -upon a 'change of -organization or reorganization
pursuant to the provisions of said District Reorganization Act of 1965.
Any such commission order may also provide-that in any election at which .the
questions of annexation and district reorganization or incorporation and district
reorganization are to be considered at the same time, there shall=be a single ques-
tion appearing -on the ballot upon the issues of annexation and district reorganiza
tion or incorporation and district reorganization. (Amended by Stats. 1967 ch. 920)
Sec. 54791. Proceedings shall not be initiated until application is made
to the executive officer and approval is given by the commission of the principal
county. Any proponert, .4ny legislative body, or any members of any legislative body,
desiring to initiate proceedings shall file an application.-with the executive officer
of the principal county. If a special district is, or as -a result of a proposed
formation or annexation will be, located in more -than one county _'the executive offi-
cer of the principal county shall immediately furnish a copy of any application filed
with him to the executive officer of each such other county.
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Sec. 54792. Each application shall be in such form as the commission may
prescribe and shall contain:
(a) A statement of the nature- of each proposal and the name or names of
the districts or cities which would be affected thereby;
(b) A description of the boundaries of the territory proposed to be incor-
porated into a new city, to be formed into a special district, to be
annexed to a local agency or to be excluded from a city;
(c) A map showing such boundaries;
(d) Such data and information as may be required by any rule or regulation
of the commission;
(e) Such additional data and information, as may be required by the execu-
tive officer, pertaining to any of the matters or factors which may be
considered by r_he commission; and
(f) The names of the officers or persons, not to exceed three in number,
who are to be furnished with copies of the executive officer's report
and who are to be given mailed notice of hearing.
*Sec. 54793. When an application is filed with the executive officer pur-
suant to this part, .he shall set a date, time, and place for a hearing by the
commission on said application. The date of the hearing shall not be more than 70
days following the date of such filing, At least 15 days prior to any hearing, the
executive officer shall give mailed notice of the hearing to each affected county,
city, or district, to any interested party or local agency who has filed a written
request for such notice with the executive officer, and to any officers or persons
designated in the application for the purpose of receiving mailed notice. In
addition, at least 15 days prior to the hearing upon a proposal for the annexation
of territory to a city, the incorporation of a new city or for the formation of a
district, notice of hearing shall be published by the executive officer, in accord-
ance with Section 6061, in a newspaper of general circulation which is circulated
within the affected territory. (Amended by Stats. 1967 ch. 920)
Sec. 54794. The executive officer shall review each application which is
filed with him and -shall prepare a report, including his recommendations, thereon.
Said report shall be completed not less than five days prior to the date specified
in the notice of hearing. Upon completion, the executive officer shall furnish
copies of said report to the officers or persons designated in the application, to
each city or special district to or from which territory is proposed to be annexed
or excluded and where a district is, or will be, located in more than one county,
to the executive officer of each -such other county.
Sec. 54795. At the hearing, the commission shall hear any interested
parties and consider the application and the report of the executive officer.
Sec. 54796. Factors to be considered in the review of a proposal shall
include but not be limited to:
(a) Population, population density; land area and land use; 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 incorporated and
unincorporated areas, during the next 10 years.
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(b) Need for organized community services; the present cost and adequacy
of governmental services and controls in the area; probable future
needs for. such services and controls;. probable effect of the. proposed
incorporation, formation, annexation, or exclusion and of alternative
courses of action on .the cost' and adequacy of services and controls
in the area...and adjacent areas.
(c) The effect of the proposed action and of alternative actions, on
adjacent areas, on mutual social and economic interes.ts. and on the
local governmental structure of the county.
(d) The definiteness and certainty o£ .the boundaries of the territory,
the nonconformance of proposed boundaries. with lines. of assessment
or ownership, the creation of isl.ands .or corridors of unincorporated
territory, and other .similar matters .affecting the proposed boundaries.
*Sec. 54797. The commission may continue the hearing from time to time, not
to exceed 70 days from the date specified in the notice of hearing. Within 35 days
after the conclusion of the hearing, the commission shall adopt a resolution making
its determination upon the proposal.
If the commission approves a proposal, .proceedings shall thereafter be
initiated, conducted and completed .pursuant to those provisions of law which are
applicable to the proposal as it .has been approved by the commission. If the com-
mission approves. the proposal with modifications. or conditions, proceedings may be
initiated, conducted and completed only in compliance with such modifications or
conditions. If the commission disapproves of the proposal, further proceedings
shall terminate.
.. Upon the filing with the Secretary of State of any notice or other document
which is authorized or required by law to be filed with him upon completion of any
proceedings, said Secretary of State shall give written notice of such filing to the
executive officer of -each county within which any of the territory affected by such
proceedings shall be located.. (Amended by Stats. 1967 ch. 920)
.*54797.1. If an application for an annexation to a city is signed by all of
the owners of land. within the territory .proposed to be annexed, or is accompanied by
proof, satisfactory .to the commission, that all of the owners within such territory
have -given their written consent to such annexation, the commission may approve such
annexation without notice and.hearing. In such,.cases .the commission may also approve
and authorize the legislative body of the city to annex such territory -(i) without .
notice and hearing by the legislative body, (ii) without an election, or (iii) both.
As used in this section "owner of land" means: any person shown as the
owner of land on the last equalized assessment roll; where such person is no longer
the owner., then any person entitled to be shown as: owner of land on the next assess-
ment roll; where land is subject to a recorded written agreement of sale, any person
shown therein as -purchaser; and any public agency owning land. (Added by Stats. 1967
ch. 920)
*Sec. 9.4798. If two ,or more proposals pending before the commission shall
conflict or in any way be inconsistent with each other, the commission may determine
the relative priority for conducting any further proceedings based upon any such pro-
posals. Any such determinations shall be included in the terms and conditions
imposed by the commission. In the absence of any such determination, priority shall
be given to that proceeding which shall be based upon the proposal first filed with
the executive officer. (Amended by Stats. 1967 ch. 920)
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Sec. 54799. If the commission disapproves a proposal, no further proceeding
shall be taken thereon. No application for a subsequent proposal involving any of
the same territory and undertaken under the same provisions of law may be filed with
the commission for at least one year after the date of disapproval without the con-
sent of the commission.
*Sec. 54799.1. If any legislative body shall desire any addition, deletion,
amendment or revision of any commission resolution making determinations or any term,
condition or other provision contained therein, such legislative body may file
written application therefor with the executive officer who shall present the same
to the commission at its next meeting. The commission, in its discretion, may
either (i) without further notice and hearing, deny or approve such application in
whole or in part, or (ii) provide for notice and hearing upon said application, in
the same manner as for the original proposal, prior to denying or approving the same.
(Amended by Stats. 1967 ch. 920)
Sec. 54799.2. Failure to complete a proceeding within one year after the
commission approves a proposal therefor shall be deemed an abandonment of such pro-
ceeding unless prior to the expiration of said year the commission shall have auth-
orized an extension of time for such completion. Inability to complete a proceeding
because of the order or decree of a court of competent jurisdiction temporarily
enjoining or restraining such proceedings shall not-be deemed failure of completion
and said one year period shall be tolled for such time as any such order or decree
shall be in effect.
*Sec. 54799.5. Notwithstanding the provisions of Section 54779, when an
existing or proposed special district or city is eligible to qualify as a member
district or city by the annexation of all or any part of the territory of such
existing or proposed special district or city to a parent district, or when terri-
tory is proposed to be annexed to such existing special district or city which is
already a member district or city concurrently with the annexation of such territory
to such parent district, the local agency formation commission of the principal
county of such special district or city shall have exclusive jurisdiction over all
proceedings affecting the boundaries of both the member district or city and the
parent district. As used in this section, "member district" and "parent district"
shall have the meanings set forth in Sections 56053.1 and 56059.1. (Added by Stats.
1967 ch. 920)
Section 13 of Chanter 587. Stats 1965. The members of any local agency formation
commission, any executive officer and all staff personnel of any such commission
heretofore created pursuant to Chapter 1808 of the Statutes of 1963 shall, without
interruption, continue to perform the respective duties of their offices or employ-
ments for the compensation, if any, and the terms of such offices and employments
as heretofore provided, until the selection and qualification of their successors
pursuant to the provisions of this act, subject to removal and control as provided
by this act.
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EDUCATION CODE
Sec. 1.974. Every city organized before September 11, 1957, except a general
law city, constitutes a separate school district unless otherwise prescribed in its
original city charter. The district shall be governed by the board of education or
board of school trustees of the city. Every chartered city organized on and after
September 11, 1957, unless otherwise provided in its original charter, constitutes
a separate school district if approved by the State Board of Education. The approval
shall be by resolution. The State Board of Education shall approve such district
only if it has received the favorable recommendation of the county committees and
the county superintendent of schools of the county in which the city is situated.
Sections 2304 to 2306, inclusive, shall apply to any annexation of territory to a
city constituting a separate school district under this section. If the consent of
the governing board of the district is first obtained, territory within the exterior
boundaries of a city may be withdrawn from the school district of that city and
annexed or transferred to an adjoining school district in the manner provided else-
where in this code for the change of school district boundaries.
Sec. 2304. Territory annexed to a city which is not contiguous to a school
district within the city shall not automatically become a part of any school district
within such city pursuant to Section 1974.
Sec. 2305. When territory is annexed to a city pursuant to the Annexation
Act of 1913 (commencing with Government Code Section 35100) or the Annexation of
Uninhabited Territory Act of 1939 (commencing with Government Code Section 35300) ,
the territory does not thereby become a part of the school district of the city
pursuant to Section 1974 unless the resolution required by Government Code Section
35117 or Section 35306, as the case may be, contains a statement that the annexed
territory shall become a part of the school district of the city. A statement to
transfer the annexed territory to the city school district shall not be included
in such a resolution unless the territory is contiguous to the school district of
the city and the governing boards of each of the districts whose boundaries would
be changed have agreed in writing to the transfer. If the boundaries of three or
more districts would be affected and only one of the districts is not in agreement
with the others, the matter may be referred to the State Board of Education whose
decision in the matter will be final.
Sec. 2306. Territory annexed to a city pursuant to Articles 3, 4, 7, and
8 (commencing with Sections 35200, 35250, 35450, and 35470, respectively) of Chapter
1, Part 2, Division 2, Title 4 of the Government Code shall not automatically become
a part of any school district within such city pursuant to Section 1974.
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