SECTIONS 31400-31413 - California Statutes

PUBLIC UTILITIES CODE

SECTION 31400-31413

31400. The governing body of any city, which is not within the
district, may apply to the board of directors of the district for
consent to annex the corporate area of such city to the district. The
board of supervisors of the County of Los Angeles and any other
county may apply to the board of directors of the district for
consent to annex any unincorporated county territory to the district.

31401. The board of directors may grant or deny such application
and in granting the same may fix the terms and conditions upon which
the corporate area of city or unincorporated county territory may be
annexed to and become a part of the district. Such terms and
conditions may provide, among other things, without limitation, (a)
for the levy by the district of special taxes upon taxable property
within such city or such unincorporated county territory in addition
to the taxes elsewhere in this part authorized to be levied by the
district, and in case such terms and conditions shall provide for the
levy of such special taxes, the board of directors in fixing such
terms and conditions shall specify the aggregate amount to be so
raised and the number of years prescribed for raising such aggregate
sum, and that substantially equal annual levies will be made for the
purpose of raising such sum over the period so prescribed, and (b)
representation of the city or unincorporated county territory, as the
case may be, on the board or in an advisory capacity to the board;
provided, however, that the membership of the board and the
appointment thereof shall not be changed unless the terms and
conditions are approved by a unanimous vote of all members of the
board.

31402. The action of the board of directors evidenced by resolution
shall be promptly transmitted to the governing body of such applying
city or board of supervisors, and if such action shall grant consent
to such annexation, such governing body or board of supervisors may
thereupon submit to the qualified electors of such city or the
unincorporated county territory, at any general or special election
held therein, the proposition of such annexation subject to the terms
and conditions fixed as herein provided. Notice of such election
shall be given by posting at least 10 days and in three public places
in the unincorporated county territory and by publication once at
least 10 days before the date fixed for the election in a newspaper
of general circulation published in the county or in the city.

31403. The notice shall contain the substance of the terms and
conditions fixed by the board of directors, as provided in Section
31401. Such election shall be conducted and the returns thereof
canvassed in the manner provided by law for elections in such city or
county as the case may be. If the proposition shall receive the
affirmative vote of a majority of electors voting thereon at such
election, the governing body of such city or the board of supervisors
of the county shall certify the result of such election on the
proposition to the board of directors of the district, together with
a legal description of the boundaries of the corporate area of such
city as of the date of the election, or the boundaries of such
unincorporated county territory, accompanied by a map or plan
indicating such boundaries.

31404. A certificate of proceedings shall be made by the secretary
of the district and filed with the Secretary of State. Upon the
filing thereof in the office of the Secretary of State, the corporate
area of such city as of the date of the election or such
unincorporated county territory shall become, and be, an integral
part of the district, and the taxable property therein shall be
subject to taxation thereafter for all purposes of the district,
including, without limitation, the payment of bonds and other
obligations of the district at the time authorized or outstanding,
and the board of directors of the district shall be empowered to do
all things necessary to enforce and make effective the terms and
conditions of annexation fixed as hereinabove authorized.

31405. Upon the filing in his or her office of the certificate of
proceedings, the Secretary of State shall, within 10 days, issue a
certificate, reciting the filing of those papers in his or her office
and the annexation of the corporate area of the city as of the date
of the election or the unincorporated county territory to the
district. The Secretary of State shall transmit the original of the
certificate to the secretary of the district and shall forward a
certified copy thereof to the county elections official of each
county in which the district or any portion thereof is situated.

31407. If territory is annexed to a city or consolidated with a
city, the corporate area of which has been included in the district,
or, if a new city is incorporated, a portion of which is within the
district, such annexed, consolidated, or incorporated territory as is
not already within the district shall simultaneously with its
annexation to the city or consolidation with a city or its
incorporation as a city be annexed to the district, and shall become
and be, an integral part of the district and the taxable property
therein shall be subject to taxation thereafter for all purposes of
the district, including, without limitation, the payment of bonds and
other obligations of the district at the time authorized and
outstanding, and the board of directors of the district shall be
empowered to do all things necessary to enforce and make effective
this section.

31408. If the applicable provisions of law governing such
annexation to, or consolidation with, such municipality or such
incorporation shall require any notice of any election called for the
purpose of determining whether such proposed annexation,
consolidation or incorporation shall occur, or shall require any
notice of hearing or other notice to be given to the residents or
electors of, or owners of property in, such territory, such notice
shall contain a statement that the territory shall be annexed to the
district, and shall become and be an integral part of the district
and the taxable property therein shall be subject to taxation
thereafter for all purposes of the district, including, without
limitation, the payment of bonds and other obligations of the
district at the time authorized and outstanding. The governing body
of such city or other officer thereof having the duty of certifying
the proceedings resulting in such annexation to, or consolidation
with, such city, or such incorporation of, pursuant to the provisions
of law applicable thereto, shall include in such certification a
record of the proceedings by which such territory has been annexed to
the district in accordance with the provisions of this article, and
shall file a duplicate of such certificate with the board of
directors of the district.

31409. The validity of any proceedings resulting in the annexation
of territory to the district shall not be contested in any action
unless such action shall have been brought within three months after
the completion of such annexation.

31410. If any portion of the corporate area of any city whose
corporate area is a part of the district, shall be excluded from such
city in accordance with the provisions of law applicable to such
exclusions, and, if such area is not within the boundaries of the
district as defined in Chapter 2 (commencing with Section 30100) of
this part, or, if in another county is not surrounded by territory
which is a part of the district, then such excluded area shall
thereby be excluded from and shall no longer be a part of the
district, but the taxable property within such excluded area shall
continue taxable pursuant to Section 30981.

31411. Any city whose corporate area is a part of the district and
any county with regard to any unincorporated territory which is a
part of the district, may apply to the board of directors of the
district for consent to exclude the area from the district. The board
of directors may grant or deny the application and in granting the
same may fix the terms and conditions upon which a corporate area of
the city or the unincorporated county territory may be excluded from
the district. The terms and conditions shall include, without
limitation, exclusion of the city or unincorporated county territory,
as the case may be, from representation on the board or in an
advisory capacity to the board. The action of the board of directors
evidenced by resolution shall be promptly transmitted to the
governing body of the applying city or board of supervisors and if
the action shall grant consent to the exclusion the governing body of
the city or the board or supervisors of the county, as the case may
be, may submit to the electors of the city or the unincorporated
county territory at any general or special election the proposition
of excluding from the district the corporate area of the city or the
unincorporated county territory. Notice of the election shall be
given in the manner provided in Section 31402. The election shall be
conducted and the returns thereof canvassed in the manner provided by
law for the conduct of elections in the city or county. In the event
that the majority of the electors voting thereon vote in the favor
of the withdrawal, the result thereof shall be certified by the
governing body of the city or the board of supervisors of the county
to the board of directors of the district. A certificate of the
proceedings hereunder shall be made by the secretary of the district
and filed with the Secretary of State, and upon the filing of the
certificate the corporate area of the city or the unincorporated
county territory shall be excluded from the district, and shall no
longer be a part thereof; provided, however, that the property within
the city as the city shall exist at the time of the exclusion, or
within the unincorporated county territory shall continue taxable
pursuant to Section 30981. Upon the filing in his or her office of
the certificate of proceedings the Secretary of State shall, within
10 days, issue a certificate, reciting the filing of the papers in
his or her office and the exclusion of the corporate area of the city
or the unincorporated county territory from the district. The
Secretary of State shall transmit the original of his or her
certificate to the secretary of the district and shall forward a
certified copy thereof to the county elections official of each
county in which the district or any portion thereof is situated.

31412. Whenever any change is made in the boundaries of this
district by the annexation or exclusion of any city or any
unincorporated county territory pursuant to this chapter, the
district shall comply with the provisions of Sections 54900, 54901,
and 54902 of the Government Code.

31413. No consent to annexation or exclusion shall be made by the
board of directors of the district pursuant to this chapter, and no
annexation or exclusion shall be made pursuant to this part or
pursuant to any other law, which is in violation of all or any part
of any ordinance, resolution or other proceeding taken by the
district in the issuance of bonds, certificates, notes or any and all
other evidences of indebtedness or liability of the district.