Code Section Group

Health and Safety Code - HSC

DIVISION 5. SANITATION [4600 - 6127]

  ( Division 5 enacted by Stats. 1939, Ch. 60. )

PART 3. COMMUNITY FACILITIES [4600 - 6127]

  ( Heading of Part 3 amended by Stats. 1970, Ch. 420. )

CHAPTER 1. Community Facilities Law of 1911 [4600 - 4650]

  ( Heading of Chapter 1 amended by Stats. 1970, Ch. 420. )

ARTICLE 5. Annexation [4641 - 4648]
  ( Heading of Article 5 renumbered from Article 6 by Stats. 1986, Ch. 248, Sec. 143. )

4641.
  

Territory which is either within or without the boundaries of the city and which is not within the boundaries of any other improvement district formed pursuant to this chapter may be annexed to any existing improvement district by the governing body of the city.

(Amended by Stats. 1965, Ch. 828.)

4641.5.
  

Territory which is outside the boundaries of the city, or the initiating city, as the case may be, shall not be annexed unless the governing body of the city within which such outside territory is situated, or, in the case of unincorporated territory, the board of supervisors of the county in which such territory is situated, consents to such annexation by resolution adopted at any time prior to the conclusion of the hearing which is provided for by Section 4646 on the annexation. Any district which as a result of any annexation includes territory not solely within the boundaries of a single city shall thereafter be deemed to be a district formed pursuant to Article 2a (commencing with Section 4614.1) of this chapter even though it was not originally formed pursuant to that article.

(Added by Stats. 1963, Ch. 756.)

4642.
  

Whenever the governing body of the city determines and finds that additional territory will be benefited by annexation to the district, it may pass a resolution to that effect.

(Amended by Stats. 1963, Ch. 756.)

4643.
  

The resolution shall be passed by a vote of two-thirds of all the members of the governing body of the city.

(Amended by Stats. 1963, Ch. 756.)

4644.
  

The resolution shall do all of the following:

(a)  Describe the boundaries of the territory proposed to be annexed.

(b)  Designate the proposed annexation by an appropriate number.

(c)  Declare that the area to be annexed to the district will be benefited by such annexation.

(d)  Name the time and place for the hearing of objections by any person interested in the proposed annexation, to the inclusion in the district of any land described in the resolution.

(Amended by Stats. 1963, Ch. 756.)

4645.
  

The resolution, together with the names of the members of the governing body voting for and against it, shall be published, posted, and mailed as provided in Sections 4610 and 4610.5, except that in applying such sections the word “district” shall mean the territory proposed to be annexed.

(Amended by Stats. 1963, Ch. 756.)

4646.
  

On the day fixed for the hearing, or any day to which the hearing is continued, the governing body shall hear and consider any objections presented to the annexation of the territory to the district or to the inclusion of any territory proposed to be annexed. At the hearing the governing body shall exclude from the proposed annexation any territory which in its opinion will not be benefited by such annexation.

(Amended by Stats. 1963, Ch. 756.)

4647.
  

After making all necessary and proper changes in the boundaries, the governing body may, by a resolution passed by a two-thirds vote of all its members order the annexation to the district of all or such part of the territory originally proposed to be annexed as the governing body determines will be benefited by such annexation and shall describe the boundaries of the territory annexed. This resolution, together with the names of the members of the governing body voting for and against the resolution, shall be spread upon the minutes of the governing body. Certified copies of the resolution shall be recorded and filed in the manner and with the same force and effect as provided in Section 4613.

(Amended by Stats. 1963, Ch. 756.)

4648.
  

Upon the recordation of such resolution the territory annexed is a part of the district and is subject to all the liabilities and entitled to all the benefits of the district.

(Amended by Stats. 1963, Ch. 756.)

HSCHealth and Safety Code - HSC5