SECTIONS 50620-50628 - California Statutes

GOVERNMENT CODE

SECTION 50620-50628

50620. The boundaries of any district may be altered, and
contiguous or noncontiguous territory may be annexed thereto. The
legislative body may by resolution fix a time and place for hearing
upon the question of annexation of such territory to an existing
district. The resolution shall describe the boundaries of the
territory proposed to be annexed. The legislative body may by
resolution determine that each parcel of territory annexed or to be
annexed to a district should pay its proportionate share of the cost
of any improvements constructed prior to such annexation. No such
parcel may be annexed until the full amount of its contribution has
been determined and paid. All such amounts paid to the local agency
shall be placed in the special fund of the district and may be used
for the purposes for which the proceeds from the annual assessments
may be used. The date set for the hearing on the proposed annexation
shall be at least three weeks from and after the date of the adoption
of the resolution setting the hearing.

50621. The legislative body shall direct the clerk to give notice
of the time, place and purpose of the hearing, by mailing written
notice to each property owner within the boundaries of the territory
sought to be annexed whose name and address appears on the last
equalized assessment roll. The clerk shall file, upon the completion
of the mailing, an affidavit setting forth the time and manner of the
compliance with this section. The notice shall be mailed at least 10
days prior to the date set for hearing.

50622. The legislative body shall also direct the clerk to publish
a notice as provided in Section 6061 and at least 15 days before the
date set for hearing. The notice shall state the time and place of
the hearing and shall contain a description of the territory proposed
to be annexed, or, in lieu of such description, the boundaries of
the territory proposed to be annexed may be shown by means of a
diagram. An affidavit of publication shall be filed with the clerk.

50623. At the time fixed for the hearing or to which it may be
continued, the legislative body shall hear and pass upon the proposal
and any objections which may be filed to the inclusion of any
property within the proposed annexation. The legislative body, by
ordinance, may determine that the territory or any part thereof will
be benefited by annexation to the district and may order that the
boundaries of the district be altered to include the benefited
territory.
If at the hearing it appears that owners of more than one-half of
the real property within the area proposed to be annexed and subject
to assessment have made objection in writing to the annexation, and
protests are not withdrawn so as to reduce the number of protests to
less than a majority, the legislative body, by resolution entered
upon its minutes, shall so find. Thereafter the legislative body
shall not proceed further, and the proceeding is terminated.

50624. If, after the formation of a district, the addition of
properties to be maintained as open areas by the existing district is
proposed, the legislative body shall adopt a resolution declaring
its intention that the cost of maintaining the additional open areas
shall be borne by the existing district. It shall fix a time and
place for a hearing on the resolution, at which hearing any and all
persons having any objections to the things proposed to be done may
appear and be heard. The resolution shall contain the statement of
the estimated annual cost of maintaining the additional open areas.
If new or increased assessments are proposed, the legislative body
shall comply with the notice, protest, and hearing procedures
pursuant to Section 53753.

50626. Any portion of any district which will not be benefited by
remaining within the district may be withdrawn therefrom. The
legislative body may by resolution fix a time for a hearing on the
question of the withdrawal of any portion of a district which will
not be benefited by remaining within the district. The time for the
hearing shall be not less than 10 or more than 30 days after the date
of the adoption of the resolution. The legislative body shall, at
least 10 days prior to the time so fixed, cause a notice of such
hearing to be published as provided in Section 6061. Copies of the
notice shall also be posted at least 10 days prior to the date fixed
for hearing in at least three conspicuous places within that portion
of the district sought to be withdrawn and in at least three
conspicuous places within the remaining portion of the district.

50627. Any person interested may appear at the hearing and object
to the withdrawal of the portion from the district or may object to
the continuance of the remaining territory as a district. The
legislative body shall consider and pass upon all objections and if
it finds that the portion of the district sought to be withdrawn will
not be benefited by remaining within the district and that the
remaining territory not sought to be withdrawn will be benefited by
continuing as a maintenance district, then it shall by ordinance
order the withdrawal and the continuance of the remaining territory
as a district.

50628. This chapter shall be liberally construed in order to
effectuate its purposes. If any provision of this chapter or the
application thereof to any person, property, or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of the chapter which can be given effect without the
invalid provision or application, and to this end the provisions of
this chapter are severable.