SECTIONS 53339-53339.9 - California Statutes

GOVERNMENT CODE

SECTION 53339-53339.9

53339. Territory may be annexed to an existing community facilities
district as provided in this article. The annexed territory need not
be contiguous to territory included in the existing community
facilities district. The territory proposed to be annexed to the
community facilities district may be territory located outside the
territorial limits of the agency that formed the community facilities
district provided that the territory to be annexed to the community
facilities district will be annexed to the respective agency prior
to, or concurrently with, the annexation of the subject territory to
the community facilities district and, if the annexation of the
subject territory to the respective agency is not completed, the
subject territory shall not be annexed to the community facilities
district. The legislative body of the agency that created the
community facilities district shall not adopt a resolution of
intention pursuant to Section 53339.2 if the territory proposed to be
annexed includes territory that is outside the territorial limits of
that agency unless an initial action, petition, or filing for the
annexation of that territory to the respective agency has been
adopted or filed, as appropriate.

53339.2. If the legislative body of the local agency that created a
community facilities district determines that public convenience and
necessity require that territory be added to the existing community
facilities district, or if the voters residing within certain
territory or landowners request the legislative body to include
territory within the district, the legislative body may adopt a
resolution of intention to annex the territory or to provide for
future annexation of the territory.

53339.3. The resolution of intention to annex the territory or to
provide for future annexation of territory shall do all of the
following:
(a) State the name of the existing community facilities district.
(b) Generally describe the territory included in the existing
district and the territory proposed to be annexed. As an alternative,
the resolution may identify territory proposed for annexation in the
future, with the condition that parcels within that territory may be
annexed only with the unanimous approval of the owner or owners of
each parcel or parcels at the time that parcel or those parcels are
annexed.
(c) Specify the types of public facilities and services provided
pursuant to this chapter in the existing district and the types of
public facilities and services to be provided in the territory
proposed to be annexed or to be annexed in the future; and include a
plan for sharing facilities and providing services that will be
provided in common within the existing district and the territory
proposed to be annexed or to be annexed in the future.
(d) Specify any special taxes that would be levied within the
territory proposed to be annexed or to be annexed in the future to
pay for public facilities and services provided pursuant to this
chapter within that territory. A special tax proposed to pay for
services to be supplied within the territory proposed to be annexed
or to be annexed in the future shall be equal to any special tax
levied to pay for the same services in the existing district, except
that a higher or lower tax may be levied within the territory
proposed to be annexed or to be annexed in the future to the extent
that the actual cost of providing the services in that territory is
higher or lower than the cost of providing those services in the
existing district. A special tax proposed to pay for public
facilities financed with bonds that have already been issued and that
are secured by the existing community facilities district shall be
the same as the tax levied in the existing district for that purpose,
except that a higher special tax may be levied for that purpose
within the territory proposed to be annexed or to be annexed in the
future to compensate for the interest and principal previously paid
by the existing community facilities district, less any depreciation
allocable to the public facility. This section shall not be construed
to limit the levy of a special tax within the territory to be
annexed or to be annexed in the future to provide new or additional
services beyond those supplied within the existing territory of the
district, or to pay for new or additional public facilities, with or
without bond financing.
(e) Specify any alteration in the special tax rate to be levied
within the existing community facilities district as a result of the
proposed annexation. The maximum tax rate in the existing community
facilities district may not be increased as a result of proceedings
pursuant to this article.
(f) Fix a time and place for a hearing upon the resolution that
shall not be less than 30 nor more than 60 days after the adoption by
the legislative body of the resolution of intention to annex
territory or to provide for future annexation of territory pursuant
to Section 53339.2.

53339.4. The clerk of the legislative body shall give notice of the
hearing in the same manner and within the same time as provided for
the giving of notice of a hearing on a resolution of intention to
establish a community facilities district, as required by Section
53322. Notice pursuant to Section 53322.4 may be mailed to the
registered voters and landowners within the territory proposed to be
annexed or proposed to be annexed in the future.
The notice shall do all of the following:
(a) Contain the text or a summary of the resolution.
(b) State the time and place for the hearing.
(c) State that at the hearing the testimony of all interested
persons for or against the annexation of territory or the future
annexation of territory to the community facilities district or the
levying of special taxes within the territory proposed to be annexed
or proposed to be annexed in the future will be heard.

53339.5. At the hearing, protests against the proposals described
in the resolution of intention may be made orally or in writing by
any interested person. Any protests pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall clearly
set forth the irregularities or defects to which objection is made.
All written protests shall be filed with the clerk of the legislative
body prior to the time fixed not personally presented by the author
thereof at the hearing for the hearing. The legislative body may
waive any irregularities in the form or content of any written
protest and at the hearing may correct minor defects in the
proceedings. Written protests may be withdrawn in writing at any time
before the conclusion of the hearing.

53339.6. If 50 percent or more of the registered voters, or six
registered voters, whichever is more, residing within the existing
community facilities district, or if 50 percent or more of the
registered voters or six registered voters, whichever is more,
residing within the territory proposed for annexation or proposed to
be annexed in the future, or if the owners of one-half or more of the
area of land in the territory included in the existing district and
not exempt from special tax, or if the owners of one-half or more of
the area of land in the territory proposed to be annexed or proposed
to be annexed in the future and not exempt from the special tax, file
written protests against the proposed annexation of territory to the
existing community facilities district or the proposed addition of
territory to the existing community facilities district in the
future, and protests are not withdrawn so as to reduce the protests
to less than a majority, no further proceedings to annex the same
territory, or to authorize the same territory to be annexed in the
future, shall be undertaken for a period of one year from the date of
decision of the legislative body on the issues discussed at the
hearing.

53339.7. (a) The hearing may be continued from time to time, but
shall be completed within 30 days. At the conclusion of the hearing,
the legislative body may abandon the proceedings, may, after passing
upon all protests, submit the question of levying a special tax
within the area proposed to be annexed to the existing community
facilities district to the qualified electors of the area proposed to
be annexed as specified in Article 2 (commencing with Section
53318), or may provide for the annexation of territory proposed for
annexation in the future upon the unanimous approval of the owner or
owners of each parcel or parcels at the time that the parcel or
parcels are annexed, without additional hearings.
(b) Notwithstanding any other provision of law, when the question
of levying a special tax within the areas proposed to be annexed into
an existing community facilities district appears on the same ballot
as the question of annexation of the same territory to a local
agency the effectiveness of each ballot measure may be made
contingent on the passage of the other ballot measure.

53339.8. (a) After the canvass of returns of any election conducted
in accordance with Section 53339.7, the legislative body shall
determine that the area proposed to be annexed is added to and part
of the existing community facilities district with full legal effect,
and the legislative body may levy any special tax within the annexed
territory, as specified in the resolution of intention to annex
adopted pursuant to Section 53339.2, and as specified in the
ordinance adopted pursuant to Section 53340, if two-thirds of the
votes cast on the proposition are in favor of levying the special
tax.
(b) Upon a determination by the legislative body that the area
proposed to be annexed is added to the existing community facilities
district, the clerk of the legislative body shall record notice of
the annexation pursuant to Section 3117.5 of the Streets and Highways
Code.

53339.9. After the canvass of returns of any election conducted in
accordance with Section 53339.7, the legislative body shall take no
further action on annexing the territory proposed to be annexed to
the community facilities district for a period of one year from the
date of the election if less than two-thirds of the votes cast on the
proposition are in favor of levying the special tax.