SECTIONS 5820-5856
STREETS AND HIGHWAYS CODE
SECTION 5820-5856
SECTION 5820-5856
5820. As used in this article, "maintenance district" means anassessment district which a county board of supervisors or thelegislative body of a city has created pursuant to this chapter. This chapter, except Sections 5850 to 5853, inclusive, applies tothe creation of maintenance districts by, and maintenance districtscreated by, the legislative body of a city. For such purpose, thereferences in this chapter to a county or a county officer shall bedeemed to refer, respectively, to a city or a city officer performingthe same duties.5821. The board of supervisors may, in its resolution declaring itsintention to order work done or improvements made or by separateresolution, declare its intention to order that the expenses ofmaintaining and operating any or all of said improvements or any orall other improvements such as are permitted to be constructedherein, including the cost of necessary repairs, replacements, fuel,power, electrical current, care, supervision, and any and all otheritems necessary for the proper maintenance and operation thereof,shall be assessed, either partly or wholly, upon the real property orupon the land only lying within the district to be benefited by andto be assessed to pay the cost of the construction of saidimprovement, or upon such district as the board of supervisors shalldetermine will be benefited by the maintenance and operation of theimprovements proposed to be maintained; the amounts so assessed to belevied and collected in the same manner and by the same officers astaxes for county purposes are levied and collected.5821.1. The board of supervisors may, in its resolution declaringits intention to order work done or improvements made, declare itsintention to order the territory within which the work is to be doneor improvements constructed annexed to an existing maintenancedistrict formed under the provisions of this chapter or under theprovisions of Chapter 4, Part 3, Division 5, of the Health and SafetyCode. The resolution of intention may describe the territory to beannexed as having the same boundaries as those of the district to beassessed for the cost of constructing the improvements.5821.2. If the board of supervisors in its resolution of intentiondeclares its intention to order the territory within which theimprovements are to be constructed annexed to an existing maintenancedistrict, the notice of improvement shall likewise give notice ofsuch declaration of intention and that protests against suchannexation may be filed and will be heard in accordance with theprovisions of this chapter at the time and place provided for thehearing on the resolution of intention to perform the work. The board of supervisors shall acquire jurisdiction to order theannexation of such territory to an existing maintenance district bygiving notice within the territory proposed to be annexed in the samemanner prescribed in this division for the acquiring of jurisdictionto order the construction of improvements, and within the districtto which such territory is proposed to be annexed by giving notice asis provided to be given in such district by Section 5838.5821.3. In the event that an ordinance requires the installation ofa sewer, drainage, or street lighting system by a subdivider, theresolution of intention may state that the territory owned by thesubdivider comes under the terms of such ordinance and order thatsuch territory be formed into a maintenance district, or annexed toan existing maintenance district, without notice and hearing.5822. The resolution of intention shall describe the boundaries ofthe district which is to be assessed for such maintenance andoperation, or if the improvements or any part thereof to bemaintained or operated are constructed in the same proceeding, it maydescribe the maintenance district as having the same boundaries asthose of the district to be assessed for the cost of constructing theimprovement. In either case the maintenance district may bedesignated by a name by which it may thereafter be referred to in allsubsequent proceedings, including proceedings for the levy andcollection of taxes.5823. The maintenance district may include property lying withinone or more cities if the consent of the legislative body of eachsuch city to the formation of such district expressed by resolution,is first obtained before the resolution of intention is adopted bythe board of supervisors.5824. At any time not later than the hour for hearing objections tothe proposed work as provided in this division, or at any time notlater than the time fixed in the resolution of intention for thehearing of objections, if the resolution of intention provides formaintenance only, any person permitted by the provisions of thisdivision to make written protest against the proposed work or againstthe extent of the district to be assessed therefor, or both, maymake like protest and in like manner against the ordering of theformation of the maintenance district or against the extent of themaintenance district, or both.5824.1. If the resolution of intention contemplates annexation ofthe territory within which the improvements are to be constructed toan existing maintenance district, written protests against suchannexation or the extent thereof may be filed by any interestedperson.5825. The board of supervisors, in addition to hearing protestsagainst the proposed work and the extent of the district to beassessed therefor, shall hear and pass upon all protests against theformation of the maintenance district and against the extent thereof,and shall hear and pass upon all protests against the annexation ofthe territory within which the improvements are to be constructed toan existing maintenance district, and its decision shall be final andconclusive.5826. If the board of supervisors finds that the protest againstthe formation of the maintenance district is made by the owners ofmore than one-half of the area of the property included within suchdistrict, no further proceedings shall be taken, unless the protestsare overruled by an affirmative vote of four-fifths of the members ofthe board of supervisors, for a period of six months from the dateof the decision of the board of supervisors on the hearing. The boardof supervisors may adjourn the hearing from time to time.5827. If the board of supervisors, in its resolution of intention,declares its intention to order a maintenance district formed, thenotice of improvement shall likewise give notice of such declarationof intention and that protests against such maintenance district maybe filed and will be heard in accordance with the provisions of thischapter.5828. The board of supervisors shall acquire jurisdiction to orderthat the maintenance district be formed in the same manner prescribedin this division for the acquiring of jurisdiction to order theconstruction of improvements, and it may thereupon by resolutionorder the formation of such a maintenance district, which order maybe contained in the resolution ordering the construction of the workin those cases where such work is provided to be done in theresolution of intention.5828.1. When the board of supervisors adopts a separate resolutiondeclaring its intention to form a maintenance district for sanitarysewers or for street lighting, the clerk shall be directed to givenotice of the hearing. The notice shall have the heading "Notice ofthe proposed formation of ____ Sewer (or Street Lighting) MaintenanceDistrict," stating the name of the proposed district. It shall: (a) State the time and place for the hearing. (b) Set forth the exterior boundaries of the territory proposed tobe organized into a district. In lieu of a description, the boundaries of the territory proposedto be included may be shown by means of a diagram printed upon thenotice. The board shall direct the clerk to publish the notice andshall also direct the clerk to post the notice in three public placesin the proposed district at least 10 days prior to the date set forthe hearing. The heading of each posted notice shall be in lettersnot less than one inch in height. Notice by mail is not required.5829. Upon adoption of the resolution ordering the formation of themaintenance district or the annexation of territory to an existingmaintenance district, the legislative body adopting the resolutionshall comply with the requirements of Chapter 8 (commencing withSection 54900) of Part 1 of Division 2 of Title 5 of the GovernmentCode. Thereafter, the property included within such district shall besegregated on the assessment roll under the designation contained inthe resolution.5829.1. Any district may contract with the Federal Government ofthe United States or any branch thereof, or any county, city andcounty, municipal corporation, district or other public corporation,or with any person, firm or corporation, for the joint use of anysewer or sewers or other works or facilities for handling, treatmentand disposal of sewage or industrial waste from the district and suchother area as may be designated in said contract, when in thejudgment of the legislative body of said district it is for the bestinterest of the district so to do. Any such contract may provide forthe maintenance and operation of such sewer or sewers, or other worksor facilities, and for the payment by or for the parties thereto ofsuch proportionate part of the cost of the maintenance and operationof such sewer or sewers or other works or facilities as may be statedin said contract, the payment to be made at such time and in suchamount as may be provided by said contract. Any such contract mayprovide for the joint use of any sewer or sewers, or works orfacilities for the handling, treatment or disposal of sewage orindustrial waste upon such terms and conditions as may be agreed uponby the parties thereto, and for the flowage, treatment or disposalof sewage or industrial waste from such area for each of the partiesthereto as may be described in said contract. Any district which has acquired or constructed or which proposesto acquire or construct, any sewer or sewers, or works or otherfacilities for the handling, treatment or disposal of sewage, maycontract with the Federal Government of the United States or anybranch thereof, or with any county, city and county, municipalcorporation, district or other public corporation or with any person,firm or corporation for the use of any such sewer or sewers, worksor facilities by any such county, city and county, municipalcorporation, district or other public corporation, or for theflowage, treatment or disposal of sewage or industrial waste from anyarea designated by such person, firm or corporation so contracting,upon such terms and conditions as may be provided in said contract.5830. The board of supervisors shall thereafter, in each year,prior to the time of fixing the county tax rate, estimate the cost ofmaintaining and operating the improvements to be maintained andoperated within the maintenance district during the ensuing year. Theboard of supervisors shall decide whether or not the cost ofmaintaining and operating the improvement shall be borne wholly orpartially by the maintenance district and shall, in addition to allother taxes, fix a special tax rate for the real property within themaintenance district, or for lighting purposes levy an assessment oneach parcel of real property within the maintenance district on thebasis of the estimated benefit to the parcel, sufficient to raise anamount of money to cover the expense of maintaining the improvementsduring the ensuing year, or such portion of the amount as the boardof supervisors shall determine shall be borne by the maintenancedistrict, and the board of supervisors shall levy a specialassessment tax or, for lighting purposes, an assessment each yearupon the real property in the maintenance district sufficient to paysuch expense, or the portion thereof, which shall be paid by themaintenance district.5830.1. Whenever the board of supervisors levies an assessmentauthorized by Section 5830 for purposes of lighting maintenance, theassessment shall be levied pursuant to Chapter 6.1 (commencing withSection 54701) of Part 1 of Division 2 of Title 5 of the GovernmentCode.5831. The special assessment tax shall be levied and collected atthe same time and in the same manner as the general tax levy forcounty purposes and when collected shall be paid into the countytreasury to the credit of the fund of the maintenance district and beused for the payment of the expenses of the district. The board ofsupervisors may control and order the expenditure thereof for suchpurposes.5832. The board of supervisors may determine that the whole or anypart of the expense of such maintenance shall be paid by the county.If the county is to contribute toward the expenses of suchmaintenance the resolution of intention shall so provide. When suchprovision is made the execution of the contract for maintenance shallcreate an obligation in the county to make the contribution providedfor in the resolution.5832.5. The board of supervisors may temporarily transfer moneys tothe maintenance district fund from other funds in which such moneysare not immediately needed. The money so transferred shall bearinterest at a rate to be fixed by the board and shall be used for thepurposes provided in this chapter and be retransferred from themaintenance district fund out of the first available receipts.5832.6. If a maintenance district is organized in any year too latefor the levy of a special assessment tax or an assessment, as thecase may be, in that year or in the next ensuing year, the board ofsupervisors is hereby authorized to transfer funds of the county notimmediately needed for county purposes to the maintenance districtfund of the district to be used for the payment of the expenses ofthe district until such time as special assessment tax or assessment,as the case may be, receipts are available therefor. The board ofsupervisors shall include in the levy of special assessment taxes orassessments for the district for the first fiscal year in which a taxor an assessment may be levied, a sum sufficient to repay to thecounty the amounts so transferred to the district for the portion orportions of the preceding fiscal year or years for which no levy oftaxes or assessments was made for that purpose and the amounts sotransferred shall be retransferred to the county treasury from themaintenance district fund of the district out of the first availablereceipts from the tax or assessment levy.5832.7. Any area of a maintenance district, or of a temporary zoneformed pursuant to Section 5855 in a district, which is included in acity by annexation or incorporation after a loan has been made shallcontinue to be taxed or assessed for the repayment of itsproportionate share of the unpaid balance of the loan.5832.8. (a) The board of supervisors may adopt an ordinanceproposing the imposition of a special tax for the purpose ofmaintaining improvements. Such ordinance shall be submitted to thevoters of the maintenance district and shall take effect uponapproval of two-thirds of the voters of the district voting on theordinance. The approval of the voters may be secured at a district orcountywide election, or by a ballot mailed to each registered voterin the district. The election shall be conducted pursuant to theprovisions of the Elections Code. (b) The ordinance submitted to the voters for approval pursuant tothe provisions of subdivision (a) shall specify the terms of thespecial tax to be imposed which shall include the manner in which theobligation of each taxpayer is determined, when the special tax isto be levied, and the method of collection. The ordinance may alsospecify that the special tax imposed by the ordinance may be adjustedannually by the percentage change in the total appropriationssubject to limitation of the local government for purposes of ArticleXIII B of the California Constitution. (c) Upon approval of the voters under subdivision (a), the boardmay levy the special tax as authorized by the ordinance, untilsuperseded by a new ordinance adopted pursuant to the provisions ofsubdivision (a), or until repealed pursuant to an ordinance adoptedby the board. (d) The provisions of this section shall apply only to maintenancedistricts located wholly within the Town of Portola Valley.5833. The board of supervisors of the county in which a maintenancedistrict is formed shall: (a) Make and enforce all rules and regulations necessary for theadministration, operation and government of such district. (b) Execute all contracts and make all necessary provisions forthe maintenance and operation of the district, except that the boardof supervisors may authorize a designated county officer to make,execute and administer contracts for the installing, maintaining andservicing a system of lights in accordance with standards adopted bythe board of supervisors and in accordance with this chapter. (c) Appoint and employ all necessary agents, superintendents,engineers and labor for the proper performance of the work. (d) Perform all other acts necessary or proper to accomplish thepurposes of this chapter.5835. Nothing in this chapter shall be construed as prohibiting thecounty itself from maintaining and operating any or all of theimprovements when ordered by the board of supervisors and frompurchasing the materials and supplies and employing the labornecessary for those purposes.5835.1. "Sewers" as used in this chapter includes lateral andcollecting sewers, septic tanks, and all other means of handling,gathering, and disposing of sewage in the district.5835.2. "Maintenance of sewers" as used in this chapter includesthe extension and enlargement of sewers within the district, and theacquisition or construction of other works or improvements useful inthe proper operation of those sewers.5835.3. "Maintenance" as used in this chapter in relation tolighting systems, includes the replacement of any obsolete equipmentwith new modern equipment found by the board of supervisors orlegislative body of a city to be necessary for the proper operationof the district. The replacement of any such obsolete equipment withany such new modern equipment, except for work done by a utilitydistrict or a private utility company under contract with themaintenance district, shall be subject to the requirements of Article56 (commencing with Section 20840) of Chapter 1 of Part 3 ofDivision 2 of the Public Contract Code.5835.4. The board of supervisors of any lighting maintenancedistrict may provide for the establishment of an accumulative capitaloutlay fund for the replacement of obsolete lighting systemequipment. The fund shall be held in reserve until appropriated inwhole or in part to a specific project. At any time after the creation of the fund, the board may transferto it any unencumbered surplus funds remaining on hand at the end ofthe fiscal year after the payment of the expenses of the district.5835.5. Pursuant to a resolution adopted by its board ofsupervisors, a county may lend any available county funds to a countymaintenance district for the replacement of obsolete equipment, orto defray unusual maintenance costs. Any such loan may be restrictedfor use in a temporary zone formed under the provisions of Section5855 in a district. The loan shall bear interest at a rate to befixed by the board of supervisors, and shall be repaid inapproximately equal installments over a period not to exceed 10years. Any funds lent to the district, or zone, are appropriated forthe purposes for which the loan was made. Any area of a district, orof a temporary zone in a district, which is included in a city byannexation or incorporation after a loan has been made shall continueto be taxed or assessed for the repayment of its proportionate partof the unpaid balance of the loan. If a zone is formed to be responsible for the loan, the board ofsupervisors shall, in the first fiscal year in which a special tax orassessment may be levied in the zone, and in each succeeding year ofthe duration of the zone, levy a special tax or assessment upon thetaxable property in the zone for the purpose of repaying withinterest the amount lent to the district by the county. When the loanhas been repaid, the zone shall terminate. In case of emergency, the board of supervisors may also borrowfunds from another maintenance district and the board of supervisorsmay lend available district funds to another maintenance district.Such loans shall be subject to the same terms and conditions as loansmade from county funds.5836. The title to all property acquired by a maintenance districtshall be vested in the county. Upon the dissolution of the districtby reason of all of its territory being included within a city, suchproperty shall thereupon become the property of such city, and if allof the district is included within more than one city then suchproperty shall be subject to the disposition of the board ofsupervisors of the county. Such disposition shall be between theseveral cities in such manner as to the board seems most just andequitable.5837. The boundaries of any maintenance district may be altered,and contiguous or noncontiguous territory whether it is withinincorporated or unincorporated territory may be annexed thereto. Ifincorporated territory is sought to be annexed, consent thereto shallfirst be obtained from the legislative body of the city. The board of supervisors may by resolution fix a time and placefor hearing upon the question of annexation of such territory to anexisting maintenance district. The resolution shall describe theboundaries of the territory proposed to be annexed. The board of supervisors may by resolution determine that eachparcel of the territory annexed or to be annexed to a sewermaintenance district should pay its proportionate share of the costof outfall and/or pumping plant construction previously paid for byother properties within said district and shall in said resolutionfix the amount to be contributed by each said parcel. No parcel soannexed or to be annexed shall be issued a permit to connect to thesewer until the full amount of contribution so fixed has been paid.Any contribution whether heretofore or hereafter collected for suchpurposes shall be deposited in the county treasury to the credit ofsaid district, or shall be held in trust until the parcel is includedwithin the boundaries of the district at which time suchcontributions shall be transferred to the credit of said district. The date set for the hearing on the proposed annexation shall beat least three weeks from and after the date of the adoption of theresolution setting the hearing.5838. The board of supervisors shall cause notice of the time,place, and purpose of the hearing to be given by mail to each ownerwhose name and address appears on the last equalized assessment rolland who owns real property within the boundaries of the territorysought to be annexed. The notice shall contain the name and telephonenumber of a local department or agency designated by the board ofsupervisors to answer inquiries regarding the hearing proceedings.The person directed by the board of supervisors to mail the noticesshall file, upon the completion of the mailing, an affidavit settingforth the time and manner of the compliance with this section. In addition, the board of supervisors shall cause notices of thehearing to be posted in three conspicuous places within the territoryproposed to be annexed. The notices shall be headed "Notice of hearing" in letters notless than one inch in height and shall contain a description of theterritory proposed to be annexed and a statement of the time andplace of the hearing. In lieu of the description the boundaries ofterritory proposed to be annexed may be shown by means of a diagramprinted upon the notice. The notice shall be posted not less than 10days prior to the date set for the hearing. In proceedings for annexation to sewer, lighting, or drainagemaintenance districts, the board of supervisors shall direct itsclerk to publish a notice once a week for two successive weeks in thenewspaper of general circulation that the board deems most likely togive notice of hearing to the inhabitants. Such notice shall statethe time and place of the hearing and shall contain a description ofthe territory proposed to be annexed or, in lieu of such description,the boundaries of the territory proposed to be annexed may be shownby means of a diagram. Such publication together with the posting ofnotices of hearing may be deemed adequate notice and no mailed noticeneed be required.5839. At the time fixed for the hearing or to which it may becontinued, the board of supervisors shall hear and pass upon theproposal and any objections which may be filed to the inclusion ofany property within the proposed annexation. The board of supervisors may, by order entered upon its minutes,determine that such territory or any part thereof may be annexed tothe district and may order that the boundaries of the district bealtered to include such territory if one or more of the followingfacts exist: (a) The territory to be annexed will be benefited by annexation. (b) The annexation will allow economies and efficiencies in theadministration or operation of an existing lighting system in theterritory to be annexed.5840. If any portion of the territory annexed to a maintenancedistrict comprises a portion of another maintenance district formedunder the provisions of this chapter, a highway lighting districtorganized pursuant to Part 4 (commencing with Section 19000) ofDivision 14, or a sewer maintenance district formed under theprovisions of Chapter 4 (commencing with Section 4860), Part 3,Division 5 of the Health and Safety Code, the annexation of suchterritory shall not become complete unless and until any outstandingcontract of the other district of which such territory is a part hasexpired or such contract, with the consent of the parties thereto,has been modified or canceled so as to relieve the other district offurther obligation to pay for future contract obligations within theportion of the territory so withdrawn, and the funds of such otherdistrict remaining on hand upon the completion of such annexationshall have been apportioned between the maintenance district to whichthe territory was annexed and the other district from which it waswithdrawn. The division of such funds shall be prorated in theproportion that the assessed value of the real property of theterritory so withdrawn bore to the total assessed value of the realproperty within the district prior to such withdrawal.5841. If the territory annexed to a maintenance district includeswithin its boundaries all of another maintenance district formedunder the provisions of this chapter, a highway lighting districtorganized pursuant to Part 4 (commencing with Section 19000) ofDivision 14, or a sewer maintenance district formed under theprovisions of Chapter 4 (commencing with Section 4860), Part 3,Division 5 of the Health and Safety Code, upon such annexationbecoming complete by the adoption of the order of the board ofsupervisors, the prior existing district so annexed shall thereuponbe dissolved. Any funds of the district remaining on hand at the timeof the annexation shall be transferred to the maintenance districtto which such territory is annexed and any contracts or obligationsof the previously existing district shall become the obligations ofthe maintenance district to which it is annexed.5841.5. Notwithstanding any other provision of law, subsequent toannexation of such territory and dissolution of the annexed district,the maintenance district shall assume all of the assets andliabilities of the dissolved district and shall be entitled to all ofthe property tax revenues to which the territory annexed would havebeen entitled had the territory not been so annexed.5842. If, after the formation of a maintenance district, additionalimprovements of the same type or nature are constructed within theboundaries of such district, the board of supervisors shall adopt aresolution declaring its intention that the cost of maintaining andoperating such additional improvements shall be borne by the existingmaintenance district. It shall fix a time and place for a hearing onsuch resolution, at which hearing any and all persons having anyobjections to the things proposed to be done may appear and be heard.The resolution shall contain a statement of the estimated annualcost of maintaining and operating such additional improvements.5843. Notice of the hearing on the resolution shall be given to thepersons within the existing maintenance district in the mannerprescribed by Section 5838. Mailed notice shall be required withrespect to additional improvements for a lighting maintenancedistrict where the annual cost to such district of such additionalimprovements is more than two thousand five hundred dollars ($2,500).At the hearing the board of supervisors shall hear and pass upon anyand all protests to the maintaining and operating of such additionalimprovements by the existing maintenance district and its decisionshall be final and conclusive. At the conclusion of the hearing theboard of supervisors may by order, entered upon its minutes, make theexpenses of maintaining and operating such additional improvements acharge upon the existing maintenance district.5843.5. Notwithstanding any other provisions of this chapter, theboard of supervisors, upon its own motion or upon receipt of apetition signed by 20 or more taxpayers of an existing lightingmaintenance district asking for the installation and maintenance ofadditional lights, may, by order entered upon its minutes, make theexpenses of the installation and maintenance of the additional lightsa charge upon the existing district if the board determines that itwill be just and equitable, and in the public interest for theadditional cost, if any, to be paid by the district as a whole. Ifsufficient funds are available or will be available from a tax levyalready made or after the tax levy has been made, the board mayproceed with the installation of the additional lights.5844. Any portion of any maintenance district which will not bebenefited by remaining within the district, may be withdrawntherefrom. The board of supervisors may by resolution entered uponits minutes fix a time for a hearing on the question of thewithdrawal of any portion of a maintenance district which will not bebenefited by remaining within the district.5845. The time for the hearing shall be not less than 10 nor morethan 30 days after the date of the adoption of the resolution. Theboard of supervisors shall at least five days prior to the time sofixed cause a notice of such hearing to be published by one insertionin such daily, weekly or semiweekly newspaper printed, published andcirculated in the county, as the board deems most likely to givenotice to the inhabitants of the district of the proposed withdrawal.Copies of the notice also shall be posted at least one week prior tothe date fixed for the hearing in three conspicuous places withinthat portion of the maintenance district sought to be withdrawn andin three conspicuous places within the remaining portion of thedistrict.5846. Any person interested may appear at the hearing and object tothe withdrawal of said portion from the maintenance district, or mayobject to the continuance of the remaining territory as amaintenance district. The board of supervisors shall consider andpass upon all objections and if it finds that the portion of thedistrict sought to be withdrawn will not be benefited by remainingwithin the maintenance district and that the remaining territory notsought to be withdrawn will be benefited by continuing as amaintenance district, then it shall order such withdrawal and thecontinuance of the remaining territory as a maintenance district.5847. No withdrawal of territory under the provisions of Section5846 or 5853 shall become effective unless and until any outstandingcontract of the maintenance district from which a portion is soughtto be withdrawn has expired, or such contract, with the consent ofthe parties thereto, has been modified or canceled so as to relievesuch maintenance district of further obligation to pay for futuremaintenance within the territory so withdrawn.5847.5. Any maintenance district created to finance any work whichmight also be constructed or maintained by a county sanitationdistrict, may become a part of a county sanitation district after theboard of supervisors of the county within which the maintenancedistrict is located has, after a hearing held pursuant to the CountySanitation District Act (Chapter 3 (commencing with Section 4700),Part 3, Division 5 of the Health and Safety Code), determined byresolution that such inclusion is for the best interest of themaintenance district and the governing body of the maintenancedistrict consents to the inclusion by resolution adopted by theaffirmative vote of a majority of its members.5847.6. A maintenance district included in a county sanitationdistrict pursuant to Section 5847.5 is not dissolved by suchinclusion, but may continue to function in the same manner that itfunctioned before the inclusion.5848. Any maintenance district may be dissolved by the board ofsupervisors. The board of supervisors upon its own motion may adopt aresolution declaring its intention to dissolve the maintenancedistrict and may fix a time for a hearing upon such dissolution. Thetime for such hearing shall be not less than 10 days nor more than 30days after the date of the adoption of such resolution, and theclerk of the board of supervisors shall, at least 15 days prior tothe time so fixed, publish notice of such hearing by one insertion ina daily, weekly or semiweekly newspaper printed, published andcirculated in the county, and cause printed copies of such notice tobe posted in three conspicuous places within the maintenancedistrict.5849. At the time appointed for such hearing, or at any time towhich it is adjourned, the board of supervisors shall hear and passupon the question of dissolution and all objections and protests andmay grant or deny the same, and its decision thereon shall be finaland conclusive. If the board of supervisors upon such hearingdetermines that the maintenance district shall be dissolved, theboard of supervisors shall, by resolution, order the dissolution ofthe district and the district shall thereupon be dissolved. Themaintenance and operation of the improvements of such district may becontinued thereafter until the funds collected for the purpose ofmaintaining and operating them have been expended for that purpose.5850. Upon the inclusion of all of the territory of a maintenancedistrict within one or more cities, either by reason of annexationproceedings or by reason of the incorporation of one or more cities,and upon dissolution of such district, all funds paid into the countytreasury to the credit of such district shall be paid over by theboard of supervisors of such district as prescribed in this chapter.5851. If the whole district is so included within one city, thedistrict shall continue in existence for all purposes until a copy ofa resolution adopted by the city requesting dissolution of thedistrict or requesting transfer of jurisdiction over the district andthe funds of the district to the city is filed with the board ofsupervisors whereupon the district shall be dissolved or jurisdictionover the district shall be transferred by resolution of the board ofsupervisors to the city, as requested by the resolution adopted bythe city, and such funds shall be paid to the treasurer of that cityand administered by the legislative body of the city for the benefitof the district.5852. If a part only of the district is so included within one cityand the remaining part of the district is so included within one ormore other cities, so that no portion of the district remains withinunincorporated territory of the county, the district shall continuein existence for all purposes until a copy of a joint resolutionadopted by all of the cities requesting dissolution of the districtis filed with the board of supervisors whereupon the district shallbe dissolved. The proportionate part of such funds shall be paid tothe treasurer of each such city as the assessed valuation of the realproperty of the portion of the district included therein bore,before being so included, to the total assessed valuation of the realproperty of the district, and such funds shall be administered bythe legislative bodies of such cities for the benefit of thedistrict. Any one city may withdraw its territory from the districtin the manner provided by Section 5853.5853. Whenever any portion of a district is included within a cityby reason of incorporation, annexation, or otherwise, such portionshall continue to remain a part of the district for all purposesuntil a copy of a resolution adopted by the city requesting exclusionof such territory from the district is received by the board ofsupervisors. Upon the withdrawal of any territory of a district, allproperty acquired for the district and all unencumbered funds on thedate of withdrawal, including all taxes levied and collected by thedistrict in any year in which taxes are levied and collected by thedistrict after the date of withdrawal on property withdrawn from thedistrict, shall be divided between the city and the remainingdistrict in proportion to the assessed value of the real property ofthe territory so withdrawn and the portion remaining. For the purposeof this article, the unencumbered funds are the sum of money,uncollected taxes, and other uncollected amounts belonging to or duesuch district, in excess of an amount sufficient to pay all claimsand accounts against the district.5854. The board of supervisors may by resolution change the name ofany maintenance district to conform with a change in the street nameor other designation which the district bears. The clerk of theboard of supervisors shall file in the office of the county assessorand with the State Board of Equalization a certified copy of everysuch resolution, and upon such filing the name of the district shallbe changed for all purposes.5855. Where the board of supervisors or legislative body has sodeclared in its resolution of intention to order the formation of amaintenance district or any annexation thereto, the board ofsupervisors or legislative body may, in its resolution ordering theformation of a maintenance district or any annexation thereto, orderthe district divided into tax assessment zones. Tax assessment zonesmay be formed at a time other than at the formation of the districtor any annexation thereto if pursuant to the same procedure ofresolution, notice, and hearing as are applicable under this chapterto the annexation of territory. No district shall be divided into zones unless the board ofsupervisors or legislative body finds that a tax assessment zonerequires special services or special facilities in addition to thoseprovided generally by the maintenance district or the replacement ofobsolete equipment, and that the tax levy is commensurate with thespecial benefits to be provided in the zone. The boundaries of taxassessment zones may be changed or a zone may be dissolved in thesame manner that a zone may be formed in an existing district. When a zone is formed for the purpose of the construction orinstallation of special facilities in addition to those providedgenerally by the district or to replace obsolete equipment, the boardof supervisors or legislative body may provide at the time offormation for the automatic dissolution of the zone upon payment ofall assessments attributable to the special facilities.5856. If a maintenance district is divided into zones, the board ofsupervisors or legislative body may determine what portion of theamount of money to be secured from the levy of taxes shall be securedfrom each zone within the district.