5820. As used in this article, "maintenance district" means an
assessment district which a county board of supervisors or the
legislative body of a city has created pursuant to this chapter.
This chapter, except Sections 5850 to 5853, inclusive, applies to
the creation of maintenance districts by, and maintenance districts
created by, the legislative body of a city. For such purpose, the
references in this chapter to a county or a county officer shall be
deemed to refer, respectively, to a city or a city officer performing
the same duties.
5821. The board of supervisors may, in its resolution declaring its
intention to order work done or improvements made or by separate
resolution, declare its intention to order that the expenses of
maintaining and operating any or all of said improvements or any or
all other improvements such as are permitted to be constructed
herein, including the cost of necessary repairs, replacements, fuel,
power, electrical current, care, supervision, and any and all other
items necessary for the proper maintenance and operation thereof,
shall be assessed, either partly or wholly, upon the real property or
upon the land only lying within the district to be benefited by and
to be assessed to pay the cost of the construction of said
improvement, or upon such district as the board of supervisors shall
determine will be benefited by the maintenance and operation of the
improvements proposed to be maintained; the amounts so assessed to be
levied and collected in the same manner and by the same officers as
taxes for county purposes are levied and collected.
5821.1. The board of supervisors may, in its resolution declaring
its intention to order work done or improvements made, declare its
intention to order the territory within which the work is to be done
or improvements constructed annexed to an existing maintenance
district formed under the provisions of this chapter or under the
provisions of Chapter 4, Part 3, Division 5, of the Health and Safety
Code.
The resolution of intention may describe the territory to be
annexed as having the same boundaries as those of the district to be
assessed for the cost of constructing the improvements.
5821.2. If the board of supervisors in its resolution of intention
declares its intention to order the territory within which the
improvements are to be constructed annexed to an existing maintenance
district, the notice of improvement shall likewise give notice of
such declaration of intention and that protests against such
annexation may be filed and will be heard in accordance with the
provisions of this chapter at the time and place provided for the
hearing on the resolution of intention to perform the work.
The board of supervisors shall acquire jurisdiction to order the
annexation of such territory to an existing maintenance district by
giving notice within the territory proposed to be annexed in the same
manner prescribed in this division for the acquiring of jurisdiction
to order the construction of improvements, and within the district
to which such territory is proposed to be annexed by giving notice as
is provided to be given in such district by Section 5838.
5821.3. In the event that an ordinance requires the installation of
a sewer, drainage, or street lighting system by a subdivider, the
resolution of intention may state that the territory owned by the
subdivider comes under the terms of such ordinance and order that
such territory be formed into a maintenance district, or annexed to
an existing maintenance district, without notice and hearing.
5822. The resolution of intention shall describe the boundaries of
the district which is to be assessed for such maintenance and
operation, or if the improvements or any part thereof to be
maintained or operated are constructed in the same proceeding, it may
describe the maintenance district as having the same boundaries as
those of the district to be assessed for the cost of constructing the
improvement. In either case the maintenance district may be
designated by a name by which it may thereafter be referred to in all
subsequent proceedings, including proceedings for the levy and
collection of taxes.
5823. The maintenance district may include property lying within
one or more cities if the consent of the legislative body of each
such city to the formation of such district expressed by resolution,
is first obtained before the resolution of intention is adopted by
the board of supervisors.
5824. At any time not later than the hour for hearing objections to
the proposed work as provided in this division, or at any time not
later than the time fixed in the resolution of intention for the
hearing of objections, if the resolution of intention provides for
maintenance only, any person permitted by the provisions of this
division to make written protest against the proposed work or against
the extent of the district to be assessed therefor, or both, may
make like protest and in like manner against the ordering of the
formation of the maintenance district or against the extent of the
maintenance district, or both.
5824.1. If the resolution of intention contemplates annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, written protests against such
annexation or the extent thereof may be filed by any interested
person.
5825. The board of supervisors, in addition to hearing protests
against the proposed work and the extent of the district to be
assessed therefor, shall hear and pass upon all protests against the
formation of the maintenance district and against the extent thereof,
and shall hear and pass upon all protests against the annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, and its decision shall be final and
conclusive.
5826. If the board of supervisors finds that the protest against
the formation of the maintenance district is made by the owners of
more than one-half of the area of the property included within such
district, no further proceedings shall be taken, unless the protests
are overruled by an affirmative vote of four-fifths of the members of
the board of supervisors, for a period of six months from the date
of the decision of the board of supervisors on the hearing. The board
of 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, the
notice of improvement shall likewise give notice of such declaration
of intention and that protests against such maintenance district may
be filed and will be heard in accordance with the provisions of this
chapter.
5828. The board of supervisors shall acquire jurisdiction to order
that the maintenance district be formed in the same manner prescribed
in this division for the acquiring of jurisdiction to order the
construction of improvements, and it may thereupon by resolution
order the formation of such a maintenance district, which order may
be contained in the resolution ordering the construction of the work
in those cases where such work is provided to be done in the
resolution of intention.
5828.1. When the board of supervisors adopts a separate resolution
declaring its intention to form a maintenance district for sanitary
sewers or for street lighting, the clerk shall be directed to give
notice of the hearing. The notice shall have the heading "Notice of
the proposed formation of ____ Sewer (or Street Lighting) Maintenance
District," 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 to
be organized into a district.
In lieu of a description, the boundaries of the territory proposed
to be included may be shown by means of a diagram printed upon the
notice. The board shall direct the clerk to publish the notice and
shall also direct the clerk to post the notice in three public places
in the proposed district at least 10 days prior to the date set for
the hearing. The heading of each posted notice shall be in letters
not less than one inch in height. Notice by mail is not required.
5829. Upon adoption of the resolution ordering the formation of the
maintenance district or the annexation of territory to an existing
maintenance district, the legislative body adopting the resolution
shall comply with the requirements of Chapter 8 (commencing with
Section 54900) of Part 1 of Division 2 of Title 5 of the Government
Code. Thereafter, the property included within such district shall be
segregated on the assessment roll under the designation contained in
the resolution.
5829.1. Any district may contract with the Federal Government of
the United States or any branch thereof, or any county, city and
county, municipal corporation, district or other public corporation,
or with any person, firm or corporation, for the joint use of any
sewer or sewers or other works or facilities for handling, treatment
and disposal of sewage or industrial waste from the district and such
other area as may be designated in said contract, when in the
judgment of the legislative body of said district it is for the best
interest of the district so to do. Any such contract may provide for
the maintenance and operation of such sewer or sewers, or other works
or facilities, and for the payment by or for the parties thereto of
such proportionate part of the cost of the maintenance and operation
of such sewer or sewers or other works or facilities as may be stated
in said contract, the payment to be made at such time and in such
amount as may be provided by said contract. Any such contract may
provide for the joint use of any sewer or sewers, or works or
facilities for the handling, treatment or disposal of sewage or
industrial waste upon such terms and conditions as may be agreed upon
by the parties thereto, and for the flowage, treatment or disposal
of sewage or industrial waste from such area for each of the parties
thereto as may be described in said contract.
Any district which has acquired or constructed or which proposes
to acquire or construct, any sewer or sewers, or works or other
facilities for the handling, treatment or disposal of sewage, may
contract with the Federal Government of the United States or any
branch thereof, or with any county, city and county, municipal
corporation, district or other public corporation or with any person,
firm or corporation for the use of any such sewer or sewers, works
or facilities by any such county, city and county, municipal
corporation, district or other public corporation, or for the
flowage, treatment or disposal of sewage or industrial waste from any
area 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 of
maintaining and operating the improvements to be maintained and
operated within the maintenance district during the ensuing year. The
board of supervisors shall decide whether or not the cost of
maintaining and operating the improvement shall be borne wholly or
partially by the maintenance district and shall, in addition to all
other taxes, fix a special tax rate for the real property within the
maintenance district, or for lighting purposes levy an assessment on
each parcel of real property within the maintenance district on the
basis of the estimated benefit to the parcel, sufficient to raise an
amount of money to cover the expense of maintaining the improvements
during the ensuing year, or such portion of the amount as the board
of supervisors shall determine shall be borne by the maintenance
district, and the board of supervisors shall levy a special
assessment tax or, for lighting purposes, an assessment each year
upon the real property in the maintenance district sufficient to pay
such expense, or the portion thereof, which shall be paid by the
maintenance district.
5830.1. Whenever the board of supervisors levies an assessment
authorized by Section 5830 for purposes of lighting maintenance, the
assessment shall be levied pursuant to Chapter 6.1 (commencing with
Section 54701) of Part 1 of Division 2 of Title 5 of the Government
Code.
5831. The special assessment tax shall be levied and collected at
the same time and in the same manner as the general tax levy for
county purposes and when collected shall be paid into the county
treasury to the credit of the fund of the maintenance district and be
used for the payment of the expenses of the district. The board of
supervisors may control and order the expenditure thereof for such
purposes.
5832. The board of supervisors may determine that the whole or any
part of the expense of such maintenance shall be paid by the county.
If the county is to contribute toward the expenses of such
maintenance the resolution of intention shall so provide. When such
provision is made the execution of the contract for maintenance shall
create an obligation in the county to make the contribution provided
for in the resolution.
5832.5. The board of supervisors may temporarily transfer moneys to
the maintenance district fund from other funds in which such moneys
are not immediately needed. The money so transferred shall bear
interest at a rate to be fixed by the board and shall be used for the
purposes provided in this chapter and be retransferred from the
maintenance district fund out of the first available receipts.
5832.6. If a maintenance district is organized in any year too late
for the levy of a special assessment tax or an assessment, as the
case may be, in that year or in the next ensuing year, the board of
supervisors is hereby authorized to transfer funds of the county not
immediately needed for county purposes to the maintenance district
fund of the district to be used for the payment of the expenses of
the district until such time as special assessment tax or assessment,
as the case may be, receipts are available therefor. The board of
supervisors shall include in the levy of special assessment taxes or
assessments for the district for the first fiscal year in which a tax
or an assessment may be levied, a sum sufficient to repay to the
county the amounts so transferred to the district for the portion or
portions of the preceding fiscal year or years for which no levy of
taxes or assessments was made for that purpose and the amounts so
transferred shall be retransferred to the county treasury from the
maintenance district fund of the district out of the first available
receipts from the tax or assessment levy.
5832.7. Any area of a maintenance district, or of a temporary zone
formed pursuant to Section 5855 in a district, which is included in a
city by annexation or incorporation after a loan has been made shall
continue to be taxed or assessed for the repayment of its
proportionate share of the unpaid balance of the loan.
5832.8. (a) The board of supervisors may adopt an ordinance
proposing the imposition of a special tax for the purpose of
maintaining improvements. Such ordinance shall be submitted to the
voters of the maintenance district and shall take effect upon
approval of two-thirds of the voters of the district voting on the
ordinance. The approval of the voters may be secured at a district or
countywide election, or by a ballot mailed to each registered voter
in the district. The election shall be conducted pursuant to the
provisions of the Elections Code.
(b) The ordinance submitted to the voters for approval pursuant to
the provisions of subdivision (a) shall specify the terms of the
special tax to be imposed which shall include the manner in which the
obligation of each taxpayer is determined, when the special tax is
to be levied, and the method of collection. The ordinance may also
specify that the special tax imposed by the ordinance may be adjusted
annually by the percentage change in the total appropriations
subject to limitation of the local government for purposes of Article
XIII B of the California Constitution.
(c) Upon approval of the voters under subdivision (a), the board
may levy the special tax as authorized by the ordinance, until
superseded by a new ordinance adopted pursuant to the provisions of
subdivision (a), or until repealed pursuant to an ordinance adopted
by the board.
(d) The provisions of this section shall apply only to maintenance
districts located wholly within the Town of Portola Valley.
5833. The board of supervisors of the county in which a maintenance
district is formed shall:
(a) Make and enforce all rules and regulations necessary for the
administration, operation and government of such district.
(b) Execute all contracts and make all necessary provisions for
the maintenance and operation of the district, except that the board
of supervisors may authorize a designated county officer to make,
execute and administer contracts for the installing, maintaining and
servicing a system of lights in accordance with standards adopted by
the 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 the
purposes of this chapter.
5835. Nothing in this chapter shall be construed as prohibiting the
county itself from maintaining and operating any or all of the
improvements when ordered by the board of supervisors and from
purchasing the materials and supplies and employing the labor
necessary for those purposes.
5835.1. "Sewers" as used in this chapter includes lateral and
collecting 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 includes
the extension and enlargement of sewers within the district, and the
acquisition or construction of other works or improvements useful in
the proper operation of those sewers.
5835.3. "Maintenance" as used in this chapter in relation to
lighting systems, includes the replacement of any obsolete equipment
with new modern equipment found by the board of supervisors or
legislative body of a city to be necessary for the proper operation
of the district. The replacement of any such obsolete equipment with
any such new modern equipment, except for work done by a utility
district or a private utility company under contract with the
maintenance district, shall be subject to the requirements of Article
56 (commencing with Section 20840) of Chapter 1 of Part 3 of
Division 2 of the Public Contract Code.
5835.4. The board of supervisors of any lighting maintenance
district may provide for the establishment of an accumulative capital
outlay fund for the replacement of obsolete lighting system
equipment. The fund shall be held in reserve until appropriated in
whole or in part to a specific project.
At any time after the creation of the fund, the board may transfer
to it any unencumbered surplus funds remaining on hand at the end of
the fiscal year after the payment of the expenses of the district.
5835.5. Pursuant to a resolution adopted by its board of
supervisors, a county may lend any available county funds to a county
maintenance district for the replacement of obsolete equipment, or
to defray unusual maintenance costs. Any such loan may be restricted
for use in a temporary zone formed under the provisions of Section
5855 in a district. The loan shall bear interest at a rate to be
fixed by the board of supervisors, and shall be repaid in
approximately equal installments over a period not to exceed 10
years. Any funds lent to the district, or zone, are appropriated for
the purposes for which the loan was made. Any area of a district, or
of a temporary zone in a district, which is included in a city by
annexation or incorporation after a loan has been made shall continue
to be taxed or assessed for the repayment of its proportionate part
of the unpaid balance of the loan.
If a zone is formed to be responsible for the loan, the board of
supervisors shall, in the first fiscal year in which a special tax or
assessment may be levied in the zone, and in each succeeding year of
the duration of the zone, levy a special tax or assessment upon the
taxable property in the zone for the purpose of repaying with
interest the amount lent to the district by the county. When the loan
has been repaid, the zone shall terminate.
In case of emergency, the board of supervisors may also borrow
funds from another maintenance district and the board of supervisors
may lend available district funds to another maintenance district.
Such loans shall be subject to the same terms and conditions as loans
made from county funds.
5836. The title to all property acquired by a maintenance district
shall be vested in the county. Upon the dissolution of the district
by reason of all of its territory being included within a city, such
property shall thereupon become the property of such city, and if all
of the district is included within more than one city then such
property shall be subject to the disposition of the board of
supervisors of the county. Such disposition shall be between the
several cities in such manner as to the board seems most just and
equitable.
5837. The boundaries of any maintenance district may be altered,
and contiguous or noncontiguous territory whether it is within
incorporated or unincorporated territory may be annexed thereto. If
incorporated territory is sought to be annexed, consent thereto shall
first be obtained from the legislative body of the city.
The board of supervisors may by resolution fix a time and place
for hearing upon the question of annexation of such territory to an
existing maintenance district. The resolution shall describe the
boundaries of the territory proposed to be annexed.
The board of supervisors may by resolution determine that each
parcel of the territory annexed or to be annexed to a sewer
maintenance district should pay its proportionate share of the cost
of outfall and/or pumping plant construction previously paid for by
other properties within said district and shall in said resolution
fix the amount to be contributed by each said parcel. No parcel so
annexed or to be annexed shall be issued a permit to connect to the
sewer until the full amount of contribution so fixed has been paid.
Any contribution whether heretofore or hereafter collected for such
purposes shall be deposited in the county treasury to the credit of
said district, or shall be held in trust until the parcel is included
within the boundaries of the district at which time such
contributions shall be transferred to the credit of said district.
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.
5838. The board of supervisors shall cause notice of the time,
place, and purpose of the hearing to be given by mail to each owner
whose name and address appears on the last equalized assessment roll
and who owns real property within the boundaries of the territory
sought to be annexed. The notice shall contain the name and telephone
number of a local department or agency designated by the board of
supervisors to answer inquiries regarding the hearing proceedings.
The person directed by the board of supervisors to mail the notices
shall file, upon the completion of the mailing, an affidavit setting
forth the time and manner of the compliance with this section.
In addition, the board of supervisors shall cause notices of the
hearing to be posted in three conspicuous places within the territory
proposed to be annexed.
The notices shall be headed "Notice of hearing" in letters not
less than one inch in height and shall contain a description of the
territory proposed to be annexed and a statement of the time and
place of the hearing. In lieu of the description the boundaries of
territory proposed to be annexed may be shown by means of a diagram
printed upon the notice. The notice shall be posted not less than 10
days prior to the date set for the hearing.
In proceedings for annexation to sewer, lighting, or drainage
maintenance districts, the board of supervisors shall direct its
clerk to publish a notice once a week for two successive weeks in the
newspaper of general circulation that the board deems most likely to
give notice of hearing to the inhabitants. Such 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. Such publication together with the posting of
notices of hearing may be deemed adequate notice and no mailed notice
need be required.
5839. At the time fixed for the hearing or to which it may be
continued, the board of supervisors 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 board of supervisors may, by order entered upon its minutes,
determine that such territory or any part thereof may be annexed to
the district and may order that the boundaries of the district be
altered to include such territory if one or more of the following
facts exist:
(a) The territory to be annexed will be benefited by annexation.
(b) The annexation will allow economies and efficiencies in the
administration or operation of an existing lighting system in the
territory to be annexed.
5840. If any portion of the territory annexed to a maintenance
district comprises a portion of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, the annexation of such
territory shall not become complete unless and until any outstanding
contract of the other district of which such territory is a part has
expired or such contract, with the consent of the parties thereto,
has been modified or canceled so as to relieve the other district of
further obligation to pay for future contract obligations within the
portion of the territory so withdrawn, and the funds of such other
district remaining on hand upon the completion of such annexation
shall have been apportioned between the maintenance district to which
the territory was annexed and the other district from which it was
withdrawn. The division of such funds shall be prorated in the
proportion that the assessed value of the real property of the
territory so withdrawn bore to the total assessed value of the real
property within the district prior to such withdrawal.
5841. If the territory annexed to a maintenance district includes
within its boundaries all of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, upon such annexation
becoming complete by the adoption of the order of the board of
supervisors, the prior existing district so annexed shall thereupon
be dissolved. Any funds of the district remaining on hand at the time
of the annexation shall be transferred to the maintenance district
to which such territory is annexed and any contracts or obligations
of the previously existing district shall become the obligations of
the maintenance district to which it is annexed.
5841.5. Notwithstanding any other provision of law, subsequent to
annexation of such territory and dissolution of the annexed district,
the maintenance district shall assume all of the assets and
liabilities of the dissolved district and shall be entitled to all of
the property tax revenues to which the territory annexed would have
been entitled had the territory not been so annexed.
5842. If, after the formation of a maintenance district, additional
improvements of the same type or nature are constructed within the
boundaries of such district, the board of supervisors shall adopt a
resolution declaring its intention that the cost of maintaining and
operating such additional improvements shall be borne by the existing
maintenance district. It shall fix a time and place for a hearing on
such 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 a statement of the estimated annual
cost of maintaining and operating such additional improvements.
5843. Notice of the hearing on the resolution shall be given to the
persons within the existing maintenance district in the manner
prescribed by Section 5838. Mailed notice shall be required with
respect to additional improvements for a lighting maintenance
district where the annual cost to such district of such additional
improvements is more than two thousand five hundred dollars ($2,500).
At the hearing the board of supervisors shall hear and pass upon any
and all protests to the maintaining and operating of such additional
improvements by the existing maintenance district and its decision
shall be final and conclusive. At the conclusion of the hearing the
board of supervisors may by order, entered upon its minutes, make the
expenses of maintaining and operating such additional improvements a
charge upon the existing maintenance district.
5843.5. Notwithstanding any other provisions of this chapter, the
board of supervisors, upon its own motion or upon receipt of a
petition signed by 20 or more taxpayers of an existing lighting
maintenance district asking for the installation and maintenance of
additional lights, may, by order entered upon its minutes, make the
expenses of the installation and maintenance of the additional lights
a charge upon the existing district if the board determines that it
will be just and equitable, and in the public interest for the
additional cost, if any, to be paid by the district as a whole. If
sufficient funds are available or will be available from a tax levy
already made or after the tax levy has been made, the board may
proceed with the installation of the additional lights.
5844. Any portion of any maintenance district which will not be
benefited by remaining within the district, may be withdrawn
therefrom. The board of supervisors may by resolution entered upon
its minutes fix a time for a hearing on the question of the
withdrawal of any portion of a maintenance district which will not be
benefited by remaining within the district.
5845. The time for the hearing shall be not less than 10 nor more
than 30 days after the date of the adoption of the resolution. The
board of supervisors shall at least five days prior to the time so
fixed cause a notice of such hearing to be published by one insertion
in such daily, weekly or semiweekly newspaper printed, published and
circulated in the county, as the board deems most likely to give
notice to the inhabitants of the district of the proposed withdrawal.
Copies of the notice also shall be posted at least one week prior to
the date fixed for the hearing in three conspicuous places within
that portion of the maintenance district sought to be withdrawn and
in three conspicuous places within the remaining portion of the
district.
5846. Any person interested may appear at the hearing and object to
the withdrawal of said portion from the maintenance district, or may
object to the continuance of the remaining territory as a
maintenance district. The board of supervisors 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 maintenance district and that the remaining territory not
sought to be withdrawn will be benefited by continuing as a
maintenance district, then it shall order such withdrawal and the
continuance of the remaining territory as a maintenance district.
5847. No withdrawal of territory under the provisions of Section
5846 or 5853 shall become effective unless and until any outstanding
contract of the maintenance district from which a portion is sought
to be withdrawn has expired, or such contract, with the consent of
the parties thereto, has been modified or canceled so as to relieve
such maintenance district of further obligation to pay for future
maintenance within the territory so withdrawn.
5847.5. Any maintenance district created to finance any work which
might also be constructed or maintained by a county sanitation
district, may become a part of a county sanitation district after the
board of supervisors of the county within which the maintenance
district is located has, after a hearing held pursuant to the County
Sanitation District Act (Chapter 3 (commencing with Section 4700),
Part 3, Division 5 of the Health and Safety Code), determined by
resolution that such inclusion is for the best interest of the
maintenance district and the governing body of the maintenance
district consents to the inclusion by resolution adopted by the
affirmative vote of a majority of its members.
5847.6. A maintenance district included in a county sanitation
district pursuant to Section 5847.5 is not dissolved by such
inclusion, but may continue to function in the same manner that it
functioned before the inclusion.
5848. Any maintenance district may be dissolved by the board of
supervisors. The board of supervisors upon its own motion may adopt a
resolution declaring its intention to dissolve the maintenance
district and may fix a time for a hearing upon such dissolution. The
time for such hearing shall be not less than 10 days nor more than 30
days after the date of the adoption of such resolution, and the
clerk of the board of supervisors shall, at least 15 days prior to
the time so fixed, publish notice of such hearing by one insertion in
a daily, weekly or semiweekly newspaper printed, published and
circulated in the county, and cause printed copies of such notice to
be posted in three conspicuous places within the maintenance
district.
5849. At the time appointed for such hearing, or at any time to
which it is adjourned, the board of supervisors shall hear and pass
upon the question of dissolution and all objections and protests and
may grant or deny the same, and its decision thereon shall be final
and conclusive. If the board of supervisors upon such hearing
determines that the maintenance district shall be dissolved, the
board of supervisors shall, by resolution, order the dissolution of
the district and the district shall thereupon be dissolved. The
maintenance and operation of the improvements of such district may be
continued thereafter until the funds collected for the purpose of
maintaining and operating them have been expended for that purpose.
5850. Upon the inclusion of all of the territory of a maintenance
district within one or more cities, either by reason of annexation
proceedings or by reason of the incorporation of one or more cities,
and upon dissolution of such district, all funds paid into the county
treasury to the credit of such district shall be paid over by the
board of supervisors of such district as prescribed in this chapter.
5851. If the whole district is so included within one city, the
district shall continue in existence for all purposes until a copy of
a resolution adopted by the city requesting dissolution of the
district or requesting transfer of jurisdiction over the district and
the funds of the district to the city is filed with the board of
supervisors whereupon the district shall be dissolved or jurisdiction
over the district shall be transferred by resolution of the board of
supervisors to the city, as requested by the resolution adopted by
the city, and such funds shall be paid to the treasurer of that city
and administered by the legislative body of the city for the benefit
of the district.
5852. If a part only of the district is so included within one city
and the remaining part of the district is so included within one or
more other cities, so that no portion of the district remains within
unincorporated territory of the county, the district shall continue
in existence for all purposes until a copy of a joint resolution
adopted by all of the cities requesting dissolution of the district
is filed with the board of supervisors whereupon the district shall
be dissolved. The proportionate part of such funds shall be paid to
the treasurer of each such city as the assessed valuation of the real
property of the portion of the district included therein bore,
before being so included, to the total assessed valuation of the real
property of the district, and such funds shall be administered by
the legislative bodies of such cities for the benefit of the
district. Any one city may withdraw its territory from the district
in the manner provided by Section 5853.
5853. Whenever any portion of a district is included within a city
by reason of incorporation, annexation, or otherwise, such portion
shall continue to remain a part of the district for all purposes
until a copy of a resolution adopted by the city requesting exclusion
of such territory from the district is received by the board of
supervisors. Upon the withdrawal of any territory of a district, all
property acquired for the district and all unencumbered funds on the
date of withdrawal, including all taxes levied and collected by the
district in any year in which taxes are levied and collected by the
district after the date of withdrawal on property withdrawn from the
district, shall be divided between the city and the remaining
district in proportion to the assessed value of the real property of
the territory so withdrawn and the portion remaining. For the purpose
of this article, the unencumbered funds are the sum of money,
uncollected taxes, and other uncollected amounts belonging to or due
such district, in excess of an amount sufficient to pay all claims
and accounts against the district.
5854. The board of supervisors may by resolution change the name of
any maintenance district to conform with a change in the street name
or other designation which the district bears. The clerk of the
board of supervisors shall file in the office of the county assessor
and with the State Board of Equalization a certified copy of every
such resolution, and upon such filing the name of the district shall
be changed for all purposes.
5855. Where the board of supervisors or legislative body has so
declared in its resolution of intention to order the formation of a
maintenance district or any annexation thereto, the board of
supervisors or legislative body may, in its resolution ordering the
formation of a maintenance district or any annexation thereto, order
the district divided into tax assessment zones. Tax assessment zones
may be formed at a time other than at the formation of the district
or any annexation thereto if pursuant to the same procedure of
resolution, notice, and hearing as are applicable under this chapter
to the annexation of territory.
No district shall be divided into zones unless the board of
supervisors or legislative body finds that a tax assessment zone
requires special services or special facilities in addition to those
provided generally by the maintenance district or the replacement of
obsolete equipment, and that the tax levy is commensurate with the
special benefits to be provided in the zone. The boundaries of tax
assessment zones may be changed or a zone may be dissolved in the
same manner that a zone may be formed in an existing district.
When a zone is formed for the purpose of the construction or
installation of special facilities in addition to those provided
generally by the district or to replace obsolete equipment, the board
of supervisors or legislative body may provide at the time of
formation for the automatic dissolution of the zone upon payment of
all assessments attributable to the special facilities.
5856. If a maintenance district is divided into zones, the board of
supervisors or legislative body may determine what portion of the
amount of money to be secured from the levy of taxes shall be secured
from each zone within the district.
5820. As used in this article, "maintenance district" means an
assessment district which a county board of supervisors or the
legislative body of a city has created pursuant to this chapter.
This chapter, except Sections 5850 to 5853, inclusive, applies to
the creation of maintenance districts by, and maintenance districts
created by, the legislative body of a city. For such purpose, the
references in this chapter to a county or a county officer shall be
deemed to refer, respectively, to a city or a city officer performing
the same duties.
5821. The board of supervisors may, in its resolution declaring its
intention to order work done or improvements made or by separate
resolution, declare its intention to order that the expenses of
maintaining and operating any or all of said improvements or any or
all other improvements such as are permitted to be constructed
herein, including the cost of necessary repairs, replacements, fuel,
power, electrical current, care, supervision, and any and all other
items necessary for the proper maintenance and operation thereof,
shall be assessed, either partly or wholly, upon the real property or
upon the land only lying within the district to be benefited by and
to be assessed to pay the cost of the construction of said
improvement, or upon such district as the board of supervisors shall
determine will be benefited by the maintenance and operation of the
improvements proposed to be maintained; the amounts so assessed to be
levied and collected in the same manner and by the same officers as
taxes for county purposes are levied and collected.
5821.1. The board of supervisors may, in its resolution declaring
its intention to order work done or improvements made, declare its
intention to order the territory within which the work is to be done
or improvements constructed annexed to an existing maintenance
district formed under the provisions of this chapter or under the
provisions of Chapter 4, Part 3, Division 5, of the Health and Safety
Code.
The resolution of intention may describe the territory to be
annexed as having the same boundaries as those of the district to be
assessed for the cost of constructing the improvements.
5821.2. If the board of supervisors in its resolution of intention
declares its intention to order the territory within which the
improvements are to be constructed annexed to an existing maintenance
district, the notice of improvement shall likewise give notice of
such declaration of intention and that protests against such
annexation may be filed and will be heard in accordance with the
provisions of this chapter at the time and place provided for the
hearing on the resolution of intention to perform the work.
The board of supervisors shall acquire jurisdiction to order the
annexation of such territory to an existing maintenance district by
giving notice within the territory proposed to be annexed in the same
manner prescribed in this division for the acquiring of jurisdiction
to order the construction of improvements, and within the district
to which such territory is proposed to be annexed by giving notice as
is provided to be given in such district by Section 5838.
5821.3. In the event that an ordinance requires the installation of
a sewer, drainage, or street lighting system by a subdivider, the
resolution of intention may state that the territory owned by the
subdivider comes under the terms of such ordinance and order that
such territory be formed into a maintenance district, or annexed to
an existing maintenance district, without notice and hearing.
5822. The resolution of intention shall describe the boundaries of
the district which is to be assessed for such maintenance and
operation, or if the improvements or any part thereof to be
maintained or operated are constructed in the same proceeding, it may
describe the maintenance district as having the same boundaries as
those of the district to be assessed for the cost of constructing the
improvement. In either case the maintenance district may be
designated by a name by which it may thereafter be referred to in all
subsequent proceedings, including proceedings for the levy and
collection of taxes.
5823. The maintenance district may include property lying within
one or more cities if the consent of the legislative body of each
such city to the formation of such district expressed by resolution,
is first obtained before the resolution of intention is adopted by
the board of supervisors.
5824. At any time not later than the hour for hearing objections to
the proposed work as provided in this division, or at any time not
later than the time fixed in the resolution of intention for the
hearing of objections, if the resolution of intention provides for
maintenance only, any person permitted by the provisions of this
division to make written protest against the proposed work or against
the extent of the district to be assessed therefor, or both, may
make like protest and in like manner against the ordering of the
formation of the maintenance district or against the extent of the
maintenance district, or both.
5824.1. If the resolution of intention contemplates annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, written protests against such
annexation or the extent thereof may be filed by any interested
person.
5825. The board of supervisors, in addition to hearing protests
against the proposed work and the extent of the district to be
assessed therefor, shall hear and pass upon all protests against the
formation of the maintenance district and against the extent thereof,
and shall hear and pass upon all protests against the annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, and its decision shall be final and
conclusive.
5826. If the board of supervisors finds that the protest against
the formation of the maintenance district is made by the owners of
more than one-half of the area of the property included within such
district, no further proceedings shall be taken, unless the protests
are overruled by an affirmative vote of four-fifths of the members of
the board of supervisors, for a period of six months from the date
of the decision of the board of supervisors on the hearing. The board
of 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, the
notice of improvement shall likewise give notice of such declaration
of intention and that protests against such maintenance district may
be filed and will be heard in accordance with the provisions of this
chapter.
5828. The board of supervisors shall acquire jurisdiction to order
that the maintenance district be formed in the same manner prescribed
in this division for the acquiring of jurisdiction to order the
construction of improvements, and it may thereupon by resolution
order the formation of such a maintenance district, which order may
be contained in the resolution ordering the construction of the work
in those cases where such work is provided to be done in the
resolution of intention.
5828.1. When the board of supervisors adopts a separate resolution
declaring its intention to form a maintenance district for sanitary
sewers or for street lighting, the clerk shall be directed to give
notice of the hearing. The notice shall have the heading "Notice of
the proposed formation of ____ Sewer (or Street Lighting) Maintenance
District," 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 to
be organized into a district.
In lieu of a description, the boundaries of the territory proposed
to be included may be shown by means of a diagram printed upon the
notice. The board shall direct the clerk to publish the notice and
shall also direct the clerk to post the notice in three public places
in the proposed district at least 10 days prior to the date set for
the hearing. The heading of each posted notice shall be in letters
not less than one inch in height. Notice by mail is not required.
5829. Upon adoption of the resolution ordering the formation of the
maintenance district or the annexation of territory to an existing
maintenance district, the legislative body adopting the resolution
shall comply with the requirements of Chapter 8 (commencing with
Section 54900) of Part 1 of Division 2 of Title 5 of the Government
Code. Thereafter, the property included within such district shall be
segregated on the assessment roll under the designation contained in
the resolution.
5829.1. Any district may contract with the Federal Government of
the United States or any branch thereof, or any county, city and
county, municipal corporation, district or other public corporation,
or with any person, firm or corporation, for the joint use of any
sewer or sewers or other works or facilities for handling, treatment
and disposal of sewage or industrial waste from the district and such
other area as may be designated in said contract, when in the
judgment of the legislative body of said district it is for the best
interest of the district so to do. Any such contract may provide for
the maintenance and operation of such sewer or sewers, or other works
or facilities, and for the payment by or for the parties thereto of
such proportionate part of the cost of the maintenance and operation
of such sewer or sewers or other works or facilities as may be stated
in said contract, the payment to be made at such time and in such
amount as may be provided by said contract. Any such contract may
provide for the joint use of any sewer or sewers, or works or
facilities for the handling, treatment or disposal of sewage or
industrial waste upon such terms and conditions as may be agreed upon
by the parties thereto, and for the flowage, treatment or disposal
of sewage or industrial waste from such area for each of the parties
thereto as may be described in said contract.
Any district which has acquired or constructed or which proposes
to acquire or construct, any sewer or sewers, or works or other
facilities for the handling, treatment or disposal of sewage, may
contract with the Federal Government of the United States or any
branch thereof, or with any county, city and county, municipal
corporation, district or other public corporation or with any person,
firm or corporation for the use of any such sewer or sewers, works
or facilities by any such county, city and county, municipal
corporation, district or other public corporation, or for the
flowage, treatment or disposal of sewage or industrial waste from any
area 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 of
maintaining and operating the improvements to be maintained and
operated within the maintenance district during the ensuing year. The
board of supervisors shall decide whether or not the cost of
maintaining and operating the improvement shall be borne wholly or
partially by the maintenance district and shall, in addition to all
other taxes, fix a special tax rate for the real property within the
maintenance district, or for lighting purposes levy an assessment on
each parcel of real property within the maintenance district on the
basis of the estimated benefit to the parcel, sufficient to raise an
amount of money to cover the expense of maintaining the improvements
during the ensuing year, or such portion of the amount as the board
of supervisors shall determine shall be borne by the maintenance
district, and the board of supervisors shall levy a special
assessment tax or, for lighting purposes, an assessment each year
upon the real property in the maintenance district sufficient to pay
such expense, or the portion thereof, which shall be paid by the
maintenance district.
5830.1. Whenever the board of supervisors levies an assessment
authorized by Section 5830 for purposes of lighting maintenance, the
assessment shall be levied pursuant to Chapter 6.1 (commencing with
Section 54701) of Part 1 of Division 2 of Title 5 of the Government
Code.
5831. The special assessment tax shall be levied and collected at
the same time and in the same manner as the general tax levy for
county purposes and when collected shall be paid into the county
treasury to the credit of the fund of the maintenance district and be
used for the payment of the expenses of the district. The board of
supervisors may control and order the expenditure thereof for such
purposes.
5832. The board of supervisors may determine that the whole or any
part of the expense of such maintenance shall be paid by the county.
If the county is to contribute toward the expenses of such
maintenance the resolution of intention shall so provide. When such
provision is made the execution of the contract for maintenance shall
create an obligation in the county to make the contribution provided
for in the resolution.
5832.5. The board of supervisors may temporarily transfer moneys to
the maintenance district fund from other funds in which such moneys
are not immediately needed. The money so transferred shall bear
interest at a rate to be fixed by the board and shall be used for the
purposes provided in this chapter and be retransferred from the
maintenance district fund out of the first available receipts.
5832.6. If a maintenance district is organized in any year too late
for the levy of a special assessment tax or an assessment, as the
case may be, in that year or in the next ensuing year, the board of
supervisors is hereby authorized to transfer funds of the county not
immediately needed for county purposes to the maintenance district
fund of the district to be used for the payment of the expenses of
the district until such time as special assessment tax or assessment,
as the case may be, receipts are available therefor. The board of
supervisors shall include in the levy of special assessment taxes or
assessments for the district for the first fiscal year in which a tax
or an assessment may be levied, a sum sufficient to repay to the
county the amounts so transferred to the district for the portion or
portions of the preceding fiscal year or years for which no levy of
taxes or assessments was made for that purpose and the amounts so
transferred shall be retransferred to the county treasury from the
maintenance district fund of the district out of the first available
receipts from the tax or assessment levy.
5832.7. Any area of a maintenance district, or of a temporary zone
formed pursuant to Section 5855 in a district, which is included in a
city by annexation or incorporation after a loan has been made shall
continue to be taxed or assessed for the repayment of its
proportionate share of the unpaid balance of the loan.
5832.8. (a) The board of supervisors may adopt an ordinance
proposing the imposition of a special tax for the purpose of
maintaining improvements. Such ordinance shall be submitted to the
voters of the maintenance district and shall take effect upon
approval of two-thirds of the voters of the district voting on the
ordinance. The approval of the voters may be secured at a district or
countywide election, or by a ballot mailed to each registered voter
in the district. The election shall be conducted pursuant to the
provisions of the Elections Code.
(b) The ordinance submitted to the voters for approval pursuant to
the provisions of subdivision (a) shall specify the terms of the
special tax to be imposed which shall include the manner in which the
obligation of each taxpayer is determined, when the special tax is
to be levied, and the method of collection. The ordinance may also
specify that the special tax imposed by the ordinance may be adjusted
annually by the percentage change in the total appropriations
subject to limitation of the local government for purposes of Article
XIII B of the California Constitution.
(c) Upon approval of the voters under subdivision (a), the board
may levy the special tax as authorized by the ordinance, until
superseded by a new ordinance adopted pursuant to the provisions of
subdivision (a), or until repealed pursuant to an ordinance adopted
by the board.
(d) The provisions of this section shall apply only to maintenance
districts located wholly within the Town of Portola Valley.
5833. The board of supervisors of the county in which a maintenance
district is formed shall:
(a) Make and enforce all rules and regulations necessary for the
administration, operation and government of such district.
(b) Execute all contracts and make all necessary provisions for
the maintenance and operation of the district, except that the board
of supervisors may authorize a designated county officer to make,
execute and administer contracts for the installing, maintaining and
servicing a system of lights in accordance with standards adopted by
the 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 the
purposes of this chapter.
5835. Nothing in this chapter shall be construed as prohibiting the
county itself from maintaining and operating any or all of the
improvements when ordered by the board of supervisors and from
purchasing the materials and supplies and employing the labor
necessary for those purposes.
5835.1. "Sewers" as used in this chapter includes lateral and
collecting 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 includes
the extension and enlargement of sewers within the district, and the
acquisition or construction of other works or improvements useful in
the proper operation of those sewers.
5835.3. "Maintenance" as used in this chapter in relation to
lighting systems, includes the replacement of any obsolete equipment
with new modern equipment found by the board of supervisors or
legislative body of a city to be necessary for the proper operation
of the district. The replacement of any such obsolete equipment with
any such new modern equipment, except for work done by a utility
district or a private utility company under contract with the
maintenance district, shall be subject to the requirements of Article
56 (commencing with Section 20840) of Chapter 1 of Part 3 of
Division 2 of the Public Contract Code.
5835.4. The board of supervisors of any lighting maintenance
district may provide for the establishment of an accumulative capital
outlay fund for the replacement of obsolete lighting system
equipment. The fund shall be held in reserve until appropriated in
whole or in part to a specific project.
At any time after the creation of the fund, the board may transfer
to it any unencumbered surplus funds remaining on hand at the end of
the fiscal year after the payment of the expenses of the district.
5835.5. Pursuant to a resolution adopted by its board of
supervisors, a county may lend any available county funds to a county
maintenance district for the replacement of obsolete equipment, or
to defray unusual maintenance costs. Any such loan may be restricted
for use in a temporary zone formed under the provisions of Section
5855 in a district. The loan shall bear interest at a rate to be
fixed by the board of supervisors, and shall be repaid in
approximately equal installments over a period not to exceed 10
years. Any funds lent to the district, or zone, are appropriated for
the purposes for which the loan was made. Any area of a district, or
of a temporary zone in a district, which is included in a city by
annexation or incorporation after a loan has been made shall continue
to be taxed or assessed for the repayment of its proportionate part
of the unpaid balance of the loan.
If a zone is formed to be responsible for the loan, the board of
supervisors shall, in the first fiscal year in which a special tax or
assessment may be levied in the zone, and in each succeeding year of
the duration of the zone, levy a special tax or assessment upon the
taxable property in the zone for the purpose of repaying with
interest the amount lent to the district by the county. When the loan
has been repaid, the zone shall terminate.
In case of emergency, the board of supervisors may also borrow
funds from another maintenance district and the board of supervisors
may lend available district funds to another maintenance district.
Such loans shall be subject to the same terms and conditions as loans
made from county funds.
5836. The title to all property acquired by a maintenance district
shall be vested in the county. Upon the dissolution of the district
by reason of all of its territory being included within a city, such
property shall thereupon become the property of such city, and if all
of the district is included within more than one city then such
property shall be subject to the disposition of the board of
supervisors of the county. Such disposition shall be between the
several cities in such manner as to the board seems most just and
equitable.
5837. The boundaries of any maintenance district may be altered,
and contiguous or noncontiguous territory whether it is within
incorporated or unincorporated territory may be annexed thereto. If
incorporated territory is sought to be annexed, consent thereto shall
first be obtained from the legislative body of the city.
The board of supervisors may by resolution fix a time and place
for hearing upon the question of annexation of such territory to an
existing maintenance district. The resolution shall describe the
boundaries of the territory proposed to be annexed.
The board of supervisors may by resolution determine that each
parcel of the territory annexed or to be annexed to a sewer
maintenance district should pay its proportionate share of the cost
of outfall and/or pumping plant construction previously paid for by
other properties within said district and shall in said resolution
fix the amount to be contributed by each said parcel. No parcel so
annexed or to be annexed shall be issued a permit to connect to the
sewer until the full amount of contribution so fixed has been paid.
Any contribution whether heretofore or hereafter collected for such
purposes shall be deposited in the county treasury to the credit of
said district, or shall be held in trust until the parcel is included
within the boundaries of the district at which time such
contributions shall be transferred to the credit of said district.
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.
5838. The board of supervisors shall cause notice of the time,
place, and purpose of the hearing to be given by mail to each owner
whose name and address appears on the last equalized assessment roll
and who owns real property within the boundaries of the territory
sought to be annexed. The notice shall contain the name and telephone
number of a local department or agency designated by the board of
supervisors to answer inquiries regarding the hearing proceedings.
The person directed by the board of supervisors to mail the notices
shall file, upon the completion of the mailing, an affidavit setting
forth the time and manner of the compliance with this section.
In addition, the board of supervisors shall cause notices of the
hearing to be posted in three conspicuous places within the territory
proposed to be annexed.
The notices shall be headed "Notice of hearing" in letters not
less than one inch in height and shall contain a description of the
territory proposed to be annexed and a statement of the time and
place of the hearing. In lieu of the description the boundaries of
territory proposed to be annexed may be shown by means of a diagram
printed upon the notice. The notice shall be posted not less than 10
days prior to the date set for the hearing.
In proceedings for annexation to sewer, lighting, or drainage
maintenance districts, the board of supervisors shall direct its
clerk to publish a notice once a week for two successive weeks in the
newspaper of general circulation that the board deems most likely to
give notice of hearing to the inhabitants. Such 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. Such publication together with the posting of
notices of hearing may be deemed adequate notice and no mailed notice
need be required.
5839. At the time fixed for the hearing or to which it may be
continued, the board of supervisors 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 board of supervisors may, by order entered upon its minutes,
determine that such territory or any part thereof may be annexed to
the district and may order that the boundaries of the district be
altered to include such territory if one or more of the following
facts exist:
(a) The territory to be annexed will be benefited by annexation.
(b) The annexation will allow economies and efficiencies in the
administration or operation of an existing lighting system in the
territory to be annexed.
5840. If any portion of the territory annexed to a maintenance
district comprises a portion of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, the annexation of such
territory shall not become complete unless and until any outstanding
contract of the other district of which such territory is a part has
expired or such contract, with the consent of the parties thereto,
has been modified or canceled so as to relieve the other district of
further obligation to pay for future contract obligations within the
portion of the territory so withdrawn, and the funds of such other
district remaining on hand upon the completion of such annexation
shall have been apportioned between the maintenance district to which
the territory was annexed and the other district from which it was
withdrawn. The division of such funds shall be prorated in the
proportion that the assessed value of the real property of the
territory so withdrawn bore to the total assessed value of the real
property within the district prior to such withdrawal.
5841. If the territory annexed to a maintenance district includes
within its boundaries all of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, upon such annexation
becoming complete by the adoption of the order of the board of
supervisors, the prior existing district so annexed shall thereupon
be dissolved. Any funds of the district remaining on hand at the time
of the annexation shall be transferred to the maintenance district
to which such territory is annexed and any contracts or obligations
of the previously existing district shall become the obligations of
the maintenance district to which it is annexed.
5841.5. Notwithstanding any other provision of law, subsequent to
annexation of such territory and dissolution of the annexed district,
the maintenance district shall assume all of the assets and
liabilities of the dissolved district and shall be entitled to all of
the property tax revenues to which the territory annexed would have
been entitled had the territory not been so annexed.
5842. If, after the formation of a maintenance district, additional
improvements of the same type or nature are constructed within the
boundaries of such district, the board of supervisors shall adopt a
resolution declaring its intention that the cost of maintaining and
operating such additional improvements shall be borne by the existing
maintenance district. It shall fix a time and place for a hearing on
such 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 a statement of the estimated annual
cost of maintaining and operating such additional improvements.
5843. Notice of the hearing on the resolution shall be given to the
persons within the existing maintenance district in the manner
prescribed by Section 5838. Mailed notice shall be required with
respect to additional improvements for a lighting maintenance
district where the annual cost to such district of such additional
improvements is more than two thousand five hundred dollars ($2,500).
At the hearing the board of supervisors shall hear and pass upon any
and all protests to the maintaining and operating of such additional
improvements by the existing maintenance district and its decision
shall be final and conclusive. At the conclusion of the hearing the
board of supervisors may by order, entered upon its minutes, make the
expenses of maintaining and operating such additional improvements a
charge upon the existing maintenance district.
5843.5. Notwithstanding any other provisions of this chapter, the
board of supervisors, upon its own motion or upon receipt of a
petition signed by 20 or more taxpayers of an existing lighting
maintenance district asking for the installation and maintenance of
additional lights, may, by order entered upon its minutes, make the
expenses of the installation and maintenance of the additional lights
a charge upon the existing district if the board determines that it
will be just and equitable, and in the public interest for the
additional cost, if any, to be paid by the district as a whole. If
sufficient funds are available or will be available from a tax levy
already made or after the tax levy has been made, the board may
proceed with the installation of the additional lights.
5844. Any portion of any maintenance district which will not be
benefited by remaining within the district, may be withdrawn
therefrom. The board of supervisors may by resolution entered upon
its minutes fix a time for a hearing on the question of the
withdrawal of any portion of a maintenance district which will not be
benefited by remaining within the district.
5845. The time for the hearing shall be not less than 10 nor more
than 30 days after the date of the adoption of the resolution. The
board of supervisors shall at least five days prior to the time so
fixed cause a notice of such hearing to be published by one insertion
in such daily, weekly or semiweekly newspaper printed, published and
circulated in the county, as the board deems most likely to give
notice to the inhabitants of the district of the proposed withdrawal.
Copies of the notice also shall be posted at least one week prior to
the date fixed for the hearing in three conspicuous places within
that portion of the maintenance district sought to be withdrawn and
in three conspicuous places within the remaining portion of the
district.
5846. Any person interested may appear at the hearing and object to
the withdrawal of said portion from the maintenance district, or may
object to the continuance of the remaining territory as a
maintenance district. The board of supervisors 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 maintenance district and that the remaining territory not
sought to be withdrawn will be benefited by continuing as a
maintenance district, then it shall order such withdrawal and the
continuance of the remaining territory as a maintenance district.
5847. No withdrawal of territory under the provisions of Section
5846 or 5853 shall become effective unless and until any outstanding
contract of the maintenance district from which a portion is sought
to be withdrawn has expired, or such contract, with the consent of
the parties thereto, has been modified or canceled so as to relieve
such maintenance district of further obligation to pay for future
maintenance within the territory so withdrawn.
5847.5. Any maintenance district created to finance any work which
might also be constructed or maintained by a county sanitation
district, may become a part of a county sanitation district after the
board of supervisors of the county within which the maintenance
district is located has, after a hearing held pursuant to the County
Sanitation District Act (Chapter 3 (commencing with Section 4700),
Part 3, Division 5 of the Health and Safety Code), determined by
resolution that such inclusion is for the best interest of the
maintenance district and the governing body of the maintenance
district consents to the inclusion by resolution adopted by the
affirmative vote of a majority of its members.
5847.6. A maintenance district included in a county sanitation
district pursuant to Section 5847.5 is not dissolved by such
inclusion, but may continue to function in the same manner that it
functioned before the inclusion.
5848. Any maintenance district may be dissolved by the board of
supervisors. The board of supervisors upon its own motion may adopt a
resolution declaring its intention to dissolve the maintenance
district and may fix a time for a hearing upon such dissolution. The
time for such hearing shall be not less than 10 days nor more than 30
days after the date of the adoption of such resolution, and the
clerk of the board of supervisors shall, at least 15 days prior to
the time so fixed, publish notice of such hearing by one insertion in
a daily, weekly or semiweekly newspaper printed, published and
circulated in the county, and cause printed copies of such notice to
be posted in three conspicuous places within the maintenance
district.
5849. At the time appointed for such hearing, or at any time to
which it is adjourned, the board of supervisors shall hear and pass
upon the question of dissolution and all objections and protests and
may grant or deny the same, and its decision thereon shall be final
and conclusive. If the board of supervisors upon such hearing
determines that the maintenance district shall be dissolved, the
board of supervisors shall, by resolution, order the dissolution of
the district and the district shall thereupon be dissolved. The
maintenance and operation of the improvements of such district may be
continued thereafter until the funds collected for the purpose of
maintaining and operating them have been expended for that purpose.
5850. Upon the inclusion of all of the territory of a maintenance
district within one or more cities, either by reason of annexation
proceedings or by reason of the incorporation of one or more cities,
and upon dissolution of such district, all funds paid into the county
treasury to the credit of such district shall be paid over by the
board of supervisors of such district as prescribed in this chapter.
5851. If the whole district is so included within one city, the
district shall continue in existence for all purposes until a copy of
a resolution adopted by the city requesting dissolution of the
district or requesting transfer of jurisdiction over the district and
the funds of the district to the city is filed with the board of
supervisors whereupon the district shall be dissolved or jurisdiction
over the district shall be transferred by resolution of the board of
supervisors to the city, as requested by the resolution adopted by
the city, and such funds shall be paid to the treasurer of that city
and administered by the legislative body of the city for the benefit
of the district.
5852. If a part only of the district is so included within one city
and the remaining part of the district is so included within one or
more other cities, so that no portion of the district remains within
unincorporated territory of the county, the district shall continue
in existence for all purposes until a copy of a joint resolution
adopted by all of the cities requesting dissolution of the district
is filed with the board of supervisors whereupon the district shall
be dissolved. The proportionate part of such funds shall be paid to
the treasurer of each such city as the assessed valuation of the real
property of the portion of the district included therein bore,
before being so included, to the total assessed valuation of the real
property of the district, and such funds shall be administered by
the legislative bodies of such cities for the benefit of the
district. Any one city may withdraw its territory from the district
in the manner provided by Section 5853.
5853. Whenever any portion of a district is included within a city
by reason of incorporation, annexation, or otherwise, such portion
shall continue to remain a part of the district for all purposes
until a copy of a resolution adopted by the city requesting exclusion
of such territory from the district is received by the board of
supervisors. Upon the withdrawal of any territory of a district, all
property acquired for the district and all unencumbered funds on the
date of withdrawal, including all taxes levied and collected by the
district in any year in which taxes are levied and collected by the
district after the date of withdrawal on property withdrawn from the
district, shall be divided between the city and the remaining
district in proportion to the assessed value of the real property of
the territory so withdrawn and the portion remaining. For the purpose
of this article, the unencumbered funds are the sum of money,
uncollected taxes, and other uncollected amounts belonging to or due
such district, in excess of an amount sufficient to pay all claims
and accounts against the district.
5854. The board of supervisors may by resolution change the name of
any maintenance district to conform with a change in the street name
or other designation which the district bears. The clerk of the
board of supervisors shall file in the office of the county assessor
and with the State Board of Equalization a certified copy of every
such resolution, and upon such filing the name of the district shall
be changed for all purposes.
5855. Where the board of supervisors or legislative body has so
declared in its resolution of intention to order the formation of a
maintenance district or any annexation thereto, the board of
supervisors or legislative body may, in its resolution ordering the
formation of a maintenance district or any annexation thereto, order
the district divided into tax assessment zones. Tax assessment zones
may be formed at a time other than at the formation of the district
or any annexation thereto if pursuant to the same procedure of
resolution, notice, and hearing as are applicable under this chapter
to the annexation of territory.
No district shall be divided into zones unless the board of
supervisors or legislative body finds that a tax assessment zone
requires special services or special facilities in addition to those
provided generally by the maintenance district or the replacement of
obsolete equipment, and that the tax levy is commensurate with the
special benefits to be provided in the zone. The boundaries of tax
assessment zones may be changed or a zone may be dissolved in the
same manner that a zone may be formed in an existing district.
When a zone is formed for the purpose of the construction or
installation of special facilities in addition to those provided
generally by the district or to replace obsolete equipment, the board
of supervisors or legislative body may provide at the time of
formation for the automatic dissolution of the zone upon payment of
all assessments attributable to the special facilities.
5856. If a maintenance district is divided into zones, the board of
supervisors or legislative body may determine what portion of the
amount of money to be secured from the levy of taxes shall be secured
from each zone within the district.
5820. As used in this article, "maintenance district" means an
assessment district which a county board of supervisors or the
legislative body of a city has created pursuant to this chapter.
This chapter, except Sections 5850 to 5853, inclusive, applies to
the creation of maintenance districts by, and maintenance districts
created by, the legislative body of a city. For such purpose, the
references in this chapter to a county or a county officer shall be
deemed to refer, respectively, to a city or a city officer performing
the same duties.
5821. The board of supervisors may, in its resolution declaring its
intention to order work done or improvements made or by separate
resolution, declare its intention to order that the expenses of
maintaining and operating any or all of said improvements or any or
all other improvements such as are permitted to be constructed
herein, including the cost of necessary repairs, replacements, fuel,
power, electrical current, care, supervision, and any and all other
items necessary for the proper maintenance and operation thereof,
shall be assessed, either partly or wholly, upon the real property or
upon the land only lying within the district to be benefited by and
to be assessed to pay the cost of the construction of said
improvement, or upon such district as the board of supervisors shall
determine will be benefited by the maintenance and operation of the
improvements proposed to be maintained; the amounts so assessed to be
levied and collected in the same manner and by the same officers as
taxes for county purposes are levied and collected.
5821.1. The board of supervisors may, in its resolution declaring
its intention to order work done or improvements made, declare its
intention to order the territory within which the work is to be done
or improvements constructed annexed to an existing maintenance
district formed under the provisions of this chapter or under the
provisions of Chapter 4, Part 3, Division 5, of the Health and Safety
Code.
The resolution of intention may describe the territory to be
annexed as having the same boundaries as those of the district to be
assessed for the cost of constructing the improvements.
5821.2. If the board of supervisors in its resolution of intention
declares its intention to order the territory within which the
improvements are to be constructed annexed to an existing maintenance
district, the notice of improvement shall likewise give notice of
such declaration of intention and that protests against such
annexation may be filed and will be heard in accordance with the
provisions of this chapter at the time and place provided for the
hearing on the resolution of intention to perform the work.
The board of supervisors shall acquire jurisdiction to order the
annexation of such territory to an existing maintenance district by
giving notice within the territory proposed to be annexed in the same
manner prescribed in this division for the acquiring of jurisdiction
to order the construction of improvements, and within the district
to which such territory is proposed to be annexed by giving notice as
is provided to be given in such district by Section 5838.
5821.3. In the event that an ordinance requires the installation of
a sewer, drainage, or street lighting system by a subdivider, the
resolution of intention may state that the territory owned by the
subdivider comes under the terms of such ordinance and order that
such territory be formed into a maintenance district, or annexed to
an existing maintenance district, without notice and hearing.
5822. The resolution of intention shall describe the boundaries of
the district which is to be assessed for such maintenance and
operation, or if the improvements or any part thereof to be
maintained or operated are constructed in the same proceeding, it may
describe the maintenance district as having the same boundaries as
those of the district to be assessed for the cost of constructing the
improvement. In either case the maintenance district may be
designated by a name by which it may thereafter be referred to in all
subsequent proceedings, including proceedings for the levy and
collection of taxes.
5823. The maintenance district may include property lying within
one or more cities if the consent of the legislative body of each
such city to the formation of such district expressed by resolution,
is first obtained before the resolution of intention is adopted by
the board of supervisors.
5824. At any time not later than the hour for hearing objections to
the proposed work as provided in this division, or at any time not
later than the time fixed in the resolution of intention for the
hearing of objections, if the resolution of intention provides for
maintenance only, any person permitted by the provisions of this
division to make written protest against the proposed work or against
the extent of the district to be assessed therefor, or both, may
make like protest and in like manner against the ordering of the
formation of the maintenance district or against the extent of the
maintenance district, or both.
5824.1. If the resolution of intention contemplates annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, written protests against such
annexation or the extent thereof may be filed by any interested
person.
5825. The board of supervisors, in addition to hearing protests
against the proposed work and the extent of the district to be
assessed therefor, shall hear and pass upon all protests against the
formation of the maintenance district and against the extent thereof,
and shall hear and pass upon all protests against the annexation of
the territory within which the improvements are to be constructed to
an existing maintenance district, and its decision shall be final and
conclusive.
5826. If the board of supervisors finds that the protest against
the formation of the maintenance district is made by the owners of
more than one-half of the area of the property included within such
district, no further proceedings shall be taken, unless the protests
are overruled by an affirmative vote of four-fifths of the members of
the board of supervisors, for a period of six months from the date
of the decision of the board of supervisors on the hearing. The board
of 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, the
notice of improvement shall likewise give notice of such declaration
of intention and that protests against such maintenance district may
be filed and will be heard in accordance with the provisions of this
chapter.
5828. The board of supervisors shall acquire jurisdiction to order
that the maintenance district be formed in the same manner prescribed
in this division for the acquiring of jurisdiction to order the
construction of improvements, and it may thereupon by resolution
order the formation of such a maintenance district, which order may
be contained in the resolution ordering the construction of the work
in those cases where such work is provided to be done in the
resolution of intention.
5828.1. When the board of supervisors adopts a separate resolution
declaring its intention to form a maintenance district for sanitary
sewers or for street lighting, the clerk shall be directed to give
notice of the hearing. The notice shall have the heading "Notice of
the proposed formation of ____ Sewer (or Street Lighting) Maintenance
District," 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 to
be organized into a district.
In lieu of a description, the boundaries of the territory proposed
to be included may be shown by means of a diagram printed upon the
notice. The board shall direct the clerk to publish the notice and
shall also direct the clerk to post the notice in three public places
in the proposed district at least 10 days prior to the date set for
the hearing. The heading of each posted notice shall be in letters
not less than one inch in height. Notice by mail is not required.
5829. Upon adoption of the resolution ordering the formation of the
maintenance district or the annexation of territory to an existing
maintenance district, the legislative body adopting the resolution
shall comply with the requirements of Chapter 8 (commencing with
Section 54900) of Part 1 of Division 2 of Title 5 of the Government
Code. Thereafter, the property included within such district shall be
segregated on the assessment roll under the designation contained in
the resolution.
5829.1. Any district may contract with the Federal Government of
the United States or any branch thereof, or any county, city and
county, municipal corporation, district or other public corporation,
or with any person, firm or corporation, for the joint use of any
sewer or sewers or other works or facilities for handling, treatment
and disposal of sewage or industrial waste from the district and such
other area as may be designated in said contract, when in the
judgment of the legislative body of said district it is for the best
interest of the district so to do. Any such contract may provide for
the maintenance and operation of such sewer or sewers, or other works
or facilities, and for the payment by or for the parties thereto of
such proportionate part of the cost of the maintenance and operation
of such sewer or sewers or other works or facilities as may be stated
in said contract, the payment to be made at such time and in such
amount as may be provided by said contract. Any such contract may
provide for the joint use of any sewer or sewers, or works or
facilities for the handling, treatment or disposal of sewage or
industrial waste upon such terms and conditions as may be agreed upon
by the parties thereto, and for the flowage, treatment or disposal
of sewage or industrial waste from such area for each of the parties
thereto as may be described in said contract.
Any district which has acquired or constructed or which proposes
to acquire or construct, any sewer or sewers, or works or other
facilities for the handling, treatment or disposal of sewage, may
contract with the Federal Government of the United States or any
branch thereof, or with any county, city and county, municipal
corporation, district or other public corporation or with any person,
firm or corporation for the use of any such sewer or sewers, works
or facilities by any such county, city and county, municipal
corporation, district or other public corporation, or for the
flowage, treatment or disposal of sewage or industrial waste from any
area 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 of
maintaining and operating the improvements to be maintained and
operated within the maintenance district during the ensuing year. The
board of supervisors shall decide whether or not the cost of
maintaining and operating the improvement shall be borne wholly or
partially by the maintenance district and shall, in addition to all
other taxes, fix a special tax rate for the real property within the
maintenance district, or for lighting purposes levy an assessment on
each parcel of real property within the maintenance district on the
basis of the estimated benefit to the parcel, sufficient to raise an
amount of money to cover the expense of maintaining the improvements
during the ensuing year, or such portion of the amount as the board
of supervisors shall determine shall be borne by the maintenance
district, and the board of supervisors shall levy a special
assessment tax or, for lighting purposes, an assessment each year
upon the real property in the maintenance district sufficient to pay
such expense, or the portion thereof, which shall be paid by the
maintenance district.
5830.1. Whenever the board of supervisors levies an assessment
authorized by Section 5830 for purposes of lighting maintenance, the
assessment shall be levied pursuant to Chapter 6.1 (commencing with
Section 54701) of Part 1 of Division 2 of Title 5 of the Government
Code.
5831. The special assessment tax shall be levied and collected at
the same time and in the same manner as the general tax levy for
county purposes and when collected shall be paid into the county
treasury to the credit of the fund of the maintenance district and be
used for the payment of the expenses of the district. The board of
supervisors may control and order the expenditure thereof for such
purposes.
5832. The board of supervisors may determine that the whole or any
part of the expense of such maintenance shall be paid by the county.
If the county is to contribute toward the expenses of such
maintenance the resolution of intention shall so provide. When such
provision is made the execution of the contract for maintenance shall
create an obligation in the county to make the contribution provided
for in the resolution.
5832.5. The board of supervisors may temporarily transfer moneys to
the maintenance district fund from other funds in which such moneys
are not immediately needed. The money so transferred shall bear
interest at a rate to be fixed by the board and shall be used for the
purposes provided in this chapter and be retransferred from the
maintenance district fund out of the first available receipts.
5832.6. If a maintenance district is organized in any year too late
for the levy of a special assessment tax or an assessment, as the
case may be, in that year or in the next ensuing year, the board of
supervisors is hereby authorized to transfer funds of the county not
immediately needed for county purposes to the maintenance district
fund of the district to be used for the payment of the expenses of
the district until such time as special assessment tax or assessment,
as the case may be, receipts are available therefor. The board of
supervisors shall include in the levy of special assessment taxes or
assessments for the district for the first fiscal year in which a tax
or an assessment may be levied, a sum sufficient to repay to the
county the amounts so transferred to the district for the portion or
portions of the preceding fiscal year or years for which no levy of
taxes or assessments was made for that purpose and the amounts so
transferred shall be retransferred to the county treasury from the
maintenance district fund of the district out of the first available
receipts from the tax or assessment levy.
5832.7. Any area of a maintenance district, or of a temporary zone
formed pursuant to Section 5855 in a district, which is included in a
city by annexation or incorporation after a loan has been made shall
continue to be taxed or assessed for the repayment of its
proportionate share of the unpaid balance of the loan.
5832.8. (a) The board of supervisors may adopt an ordinance
proposing the imposition of a special tax for the purpose of
maintaining improvements. Such ordinance shall be submitted to the
voters of the maintenance district and shall take effect upon
approval of two-thirds of the voters of the district voting on the
ordinance. The approval of the voters may be secured at a district or
countywide election, or by a ballot mailed to each registered voter
in the district. The election shall be conducted pursuant to the
provisions of the Elections Code.
(b) The ordinance submitted to the voters for approval pursuant to
the provisions of subdivision (a) shall specify the terms of the
special tax to be imposed which shall include the manner in which the
obligation of each taxpayer is determined, when the special tax is
to be levied, and the method of collection. The ordinance may also
specify that the special tax imposed by the ordinance may be adjusted
annually by the percentage change in the total appropriations
subject to limitation of the local government for purposes of Article
XIII B of the California Constitution.
(c) Upon approval of the voters under subdivision (a), the board
may levy the special tax as authorized by the ordinance, until
superseded by a new ordinance adopted pursuant to the provisions of
subdivision (a), or until repealed pursuant to an ordinance adopted
by the board.
(d) The provisions of this section shall apply only to maintenance
districts located wholly within the Town of Portola Valley.
5833. The board of supervisors of the county in which a maintenance
district is formed shall:
(a) Make and enforce all rules and regulations necessary for the
administration, operation and government of such district.
(b) Execute all contracts and make all necessary provisions for
the maintenance and operation of the district, except that the board
of supervisors may authorize a designated county officer to make,
execute and administer contracts for the installing, maintaining and
servicing a system of lights in accordance with standards adopted by
the 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 the
purposes of this chapter.
5835. Nothing in this chapter shall be construed as prohibiting the
county itself from maintaining and operating any or all of the
improvements when ordered by the board of supervisors and from
purchasing the materials and supplies and employing the labor
necessary for those purposes.
5835.1. "Sewers" as used in this chapter includes lateral and
collecting 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 includes
the extension and enlargement of sewers within the district, and the
acquisition or construction of other works or improvements useful in
the proper operation of those sewers.
5835.3. "Maintenance" as used in this chapter in relation to
lighting systems, includes the replacement of any obsolete equipment
with new modern equipment found by the board of supervisors or
legislative body of a city to be necessary for the proper operation
of the district. The replacement of any such obsolete equipment with
any such new modern equipment, except for work done by a utility
district or a private utility company under contract with the
maintenance district, shall be subject to the requirements of Article
56 (commencing with Section 20840) of Chapter 1 of Part 3 of
Division 2 of the Public Contract Code.
5835.4. The board of supervisors of any lighting maintenance
district may provide for the establishment of an accumulative capital
outlay fund for the replacement of obsolete lighting system
equipment. The fund shall be held in reserve until appropriated in
whole or in part to a specific project.
At any time after the creation of the fund, the board may transfer
to it any unencumbered surplus funds remaining on hand at the end of
the fiscal year after the payment of the expenses of the district.
5835.5. Pursuant to a resolution adopted by its board of
supervisors, a county may lend any available county funds to a county
maintenance district for the replacement of obsolete equipment, or
to defray unusual maintenance costs. Any such loan may be restricted
for use in a temporary zone formed under the provisions of Section
5855 in a district. The loan shall bear interest at a rate to be
fixed by the board of supervisors, and shall be repaid in
approximately equal installments over a period not to exceed 10
years. Any funds lent to the district, or zone, are appropriated for
the purposes for which the loan was made. Any area of a district, or
of a temporary zone in a district, which is included in a city by
annexation or incorporation after a loan has been made shall continue
to be taxed or assessed for the repayment of its proportionate part
of the unpaid balance of the loan.
If a zone is formed to be responsible for the loan, the board of
supervisors shall, in the first fiscal year in which a special tax or
assessment may be levied in the zone, and in each succeeding year of
the duration of the zone, levy a special tax or assessment upon the
taxable property in the zone for the purpose of repaying with
interest the amount lent to the district by the county. When the loan
has been repaid, the zone shall terminate.
In case of emergency, the board of supervisors may also borrow
funds from another maintenance district and the board of supervisors
may lend available district funds to another maintenance district.
Such loans shall be subject to the same terms and conditions as loans
made from county funds.
5836. The title to all property acquired by a maintenance district
shall be vested in the county. Upon the dissolution of the district
by reason of all of its territory being included within a city, such
property shall thereupon become the property of such city, and if all
of the district is included within more than one city then such
property shall be subject to the disposition of the board of
supervisors of the county. Such disposition shall be between the
several cities in such manner as to the board seems most just and
equitable.
5837. The boundaries of any maintenance district may be altered,
and contiguous or noncontiguous territory whether it is within
incorporated or unincorporated territory may be annexed thereto. If
incorporated territory is sought to be annexed, consent thereto shall
first be obtained from the legislative body of the city.
The board of supervisors may by resolution fix a time and place
for hearing upon the question of annexation of such territory to an
existing maintenance district. The resolution shall describe the
boundaries of the territory proposed to be annexed.
The board of supervisors may by resolution determine that each
parcel of the territory annexed or to be annexed to a sewer
maintenance district should pay its proportionate share of the cost
of outfall and/or pumping plant construction previously paid for by
other properties within said district and shall in said resolution
fix the amount to be contributed by each said parcel. No parcel so
annexed or to be annexed shall be issued a permit to connect to the
sewer until the full amount of contribution so fixed has been paid.
Any contribution whether heretofore or hereafter collected for such
purposes shall be deposited in the county treasury to the credit of
said district, or shall be held in trust until the parcel is included
within the boundaries of the district at which time such
contributions shall be transferred to the credit of said district.
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.
5838. The board of supervisors shall cause notice of the time,
place, and purpose of the hearing to be given by mail to each owner
whose name and address appears on the last equalized assessment roll
and who owns real property within the boundaries of the territory
sought to be annexed. The notice shall contain the name and telephone
number of a local department or agency designated by the board of
supervisors to answer inquiries regarding the hearing proceedings.
The person directed by the board of supervisors to mail the notices
shall file, upon the completion of the mailing, an affidavit setting
forth the time and manner of the compliance with this section.
In addition, the board of supervisors shall cause notices of the
hearing to be posted in three conspicuous places within the territory
proposed to be annexed.
The notices shall be headed "Notice of hearing" in letters not
less than one inch in height and shall contain a description of the
territory proposed to be annexed and a statement of the time and
place of the hearing. In lieu of the description the boundaries of
territory proposed to be annexed may be shown by means of a diagram
printed upon the notice. The notice shall be posted not less than 10
days prior to the date set for the hearing.
In proceedings for annexation to sewer, lighting, or drainage
maintenance districts, the board of supervisors shall direct its
clerk to publish a notice once a week for two successive weeks in the
newspaper of general circulation that the board deems most likely to
give notice of hearing to the inhabitants. Such 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. Such publication together with the posting of
notices of hearing may be deemed adequate notice and no mailed notice
need be required.
5839. At the time fixed for the hearing or to which it may be
continued, the board of supervisors 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 board of supervisors may, by order entered upon its minutes,
determine that such territory or any part thereof may be annexed to
the district and may order that the boundaries of the district be
altered to include such territory if one or more of the following
facts exist:
(a) The territory to be annexed will be benefited by annexation.
(b) The annexation will allow economies and efficiencies in the
administration or operation of an existing lighting system in the
territory to be annexed.
5840. If any portion of the territory annexed to a maintenance
district comprises a portion of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, the annexation of such
territory shall not become complete unless and until any outstanding
contract of the other district of which such territory is a part has
expired or such contract, with the consent of the parties thereto,
has been modified or canceled so as to relieve the other district of
further obligation to pay for future contract obligations within the
portion of the territory so withdrawn, and the funds of such other
district remaining on hand upon the completion of such annexation
shall have been apportioned between the maintenance district to which
the territory was annexed and the other district from which it was
withdrawn. The division of such funds shall be prorated in the
proportion that the assessed value of the real property of the
territory so withdrawn bore to the total assessed value of the real
property within the district prior to such withdrawal.
5841. If the territory annexed to a maintenance district includes
within its boundaries all of another maintenance district formed
under the provisions of this chapter, a highway lighting district
organized pursuant to Part 4 (commencing with Section 19000) of
Division 14, or a sewer maintenance district formed under the
provisions of Chapter 4 (commencing with Section 4860), Part 3,
Division 5 of the Health and Safety Code, upon such annexation
becoming complete by the adoption of the order of the board of
supervisors, the prior existing district so annexed shall thereupon
be dissolved. Any funds of the district remaining on hand at the time
of the annexation shall be transferred to the maintenance district
to which such territory is annexed and any contracts or obligations
of the previously existing district shall become the obligations of
the maintenance district to which it is annexed.
5841.5. Notwithstanding any other provision of law, subsequent to
annexation of such territory and dissolution of the annexed district,
the maintenance district shall assume all of the assets and
liabilities of the dissolved district and shall be entitled to all of
the property tax revenues to which the territory annexed would have
been entitled had the territory not been so annexed.
5842. If, after the formation of a maintenance district, additional
improvements of the same type or nature are constructed within the
boundaries of such district, the board of supervisors shall adopt a
resolution declaring its intention that the cost of maintaining and
operating such additional improvements shall be borne by the existing
maintenance district. It shall fix a time and place for a hearing on
such 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 a statement of the estimated annual
cost of maintaining and operating such additional improvements.
5843. Notice of the hearing on the resolution shall be given to the
persons within the existing maintenance district in the manner
prescribed by Section 5838. Mailed notice shall be required with
respect to additional improvements for a lighting maintenance
district where the annual cost to such district of such additional
improvements is more than two thousand five hundred dollars ($2,500).
At the hearing the board of supervisors shall hear and pass upon any
and all protests to the maintaining and operating of such additional
improvements by the existing maintenance district and its decision
shall be final and conclusive. At the conclusion of the hearing the
board of supervisors may by order, entered upon its minutes, make the
expenses of maintaining and operating such additional improvements a
charge upon the existing maintenance district.
5843.5. Notwithstanding any other provisions of this chapter, the
board of supervisors, upon its own motion or upon receipt of a
petition signed by 20 or more taxpayers of an existing lighting
maintenance district asking for the installation and maintenance of
additional lights, may, by order entered upon its minutes, make the
expenses of the installation and maintenance of the additional lights
a charge upon the existing district if the board determines that it
will be just and equitable, and in the public interest for the
additional cost, if any, to be paid by the district as a whole. If
sufficient funds are available or will be available from a tax levy
already made or after the tax levy has been made, the board may
proceed with the installation of the additional lights.
5844. Any portion of any maintenance district which will not be
benefited by remaining within the district, may be withdrawn
therefrom. The board of supervisors may by resolution entered upon
its minutes fix a time for a hearing on the question of the
withdrawal of any portion of a maintenance district which will not be
benefited by remaining within the district.
5845. The time for the hearing shall be not less than 10 nor more
than 30 days after the date of the adoption of the resolution. The
board of supervisors shall at least five days prior to the time so
fixed cause a notice of such hearing to be published by one insertion
in such daily, weekly or semiweekly newspaper printed, published and
circulated in the county, as the board deems most likely to give
notice to the inhabitants of the district of the proposed withdrawal.
Copies of the notice also shall be posted at least one week prior to
the date fixed for the hearing in three conspicuous places within
that portion of the maintenance district sought to be withdrawn and
in three conspicuous places within the remaining portion of the
district.
5846. Any person interested may appear at the hearing and object to
the withdrawal of said portion from the maintenance district, or may
object to the continuance of the remaining territory as a
maintenance district. The board of supervisors 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 maintenance district and that the remaining territory not
sought to be withdrawn will be benefited by continuing as a
maintenance district, then it shall order such withdrawal and the
continuance of the remaining territory as a maintenance district.
5847. No withdrawal of territory under the provisions of Section
5846 or 5853 shall become effective unless and until any outstanding
contract of the maintenance district from which a portion is sought
to be withdrawn has expired, or such contract, with the consent of
the parties thereto, has been modified or canceled so as to relieve
such maintenance district of further obligation to pay for future
maintenance within the territory so withdrawn.
5847.5. Any maintenance district created to finance any work which
might also be constructed or maintained by a county sanitation
district, may become a part of a county sanitation district after the
board of supervisors of the county within which the maintenance
district is located has, after a hearing held pursuant to the County
Sanitation District Act (Chapter 3 (commencing with Section 4700),
Part 3, Division 5 of the Health and Safety Code), determined by
resolution that such inclusion is for the best interest of the
maintenance district and the governing body of the maintenance
district consents to the inclusion by resolution adopted by the
affirmative vote of a majority of its members.
5847.6. A maintenance district included in a county sanitation
district pursuant to Section 5847.5 is not dissolved by such
inclusion, but may continue to function in the same manner that it
functioned before the inclusion.
5848. Any maintenance district may be dissolved by the board of
supervisors. The board of supervisors upon its own motion may adopt a
resolution declaring its intention to dissolve the maintenance
district and may fix a time for a hearing upon such dissolution. The
time for such hearing shall be not less than 10 days nor more than 30
days after the date of the adoption of such resolution, and the
clerk of the board of supervisors shall, at least 15 days prior to
the time so fixed, publish notice of such hearing by one insertion in
a daily, weekly or semiweekly newspaper printed, published and
circulated in the county, and cause printed copies of such notice to
be posted in three conspicuous places within the maintenance
district.
5849. At the time appointed for such hearing, or at any time to
which it is adjourned, the board of supervisors shall hear and pass
upon the question of dissolution and all objections and protests and
may grant or deny the same, and its decision thereon shall be final
and conclusive. If the board of supervisors upon such hearing
determines that the maintenance district shall be dissolved, the
board of supervisors shall, by resolution, order the dissolution of
the district and the district shall thereupon be dissolved. The
maintenance and operation of the improvements of such district may be
continued thereafter until the funds collected for the purpose of
maintaining and operating them have been expended for that purpose.
5850. Upon the inclusion of all of the territory of a maintenance
district within one or more cities, either by reason of annexation
proceedings or by reason of the incorporation of one or more cities,
and upon dissolution of such district, all funds paid into the county
treasury to the credit of such district shall be paid over by the
board of supervisors of such district as prescribed in this chapter.
5851. If the whole district is so included within one city, the
district shall continue in existence for all purposes until a copy of
a resolution adopted by the city requesting dissolution of the
district or requesting transfer of jurisdiction over the district and
the funds of the district to the city is filed with the board of
supervisors whereupon the district shall be dissolved or jurisdiction
over the district shall be transferred by resolution of the board of
supervisors to the city, as requested by the resolution adopted by
the city, and such funds shall be paid to the treasurer of that city
and administered by the legislative body of the city for the benefit
of the district.
5852. If a part only of the district is so included within one city
and the remaining part of the district is so included within one or
more other cities, so that no portion of the district remains within
unincorporated territory of the county, the district shall continue
in existence for all purposes until a copy of a joint resolution
adopted by all of the cities requesting dissolution of the district
is filed with the board of supervisors whereupon the district shall
be dissolved. The proportionate part of such funds shall be paid to
the treasurer of each such city as the assessed valuation of the real
property of the portion of the district included therein bore,
before being so included, to the total assessed valuation of the real
property of the district, and such funds shall be administered by
the legislative bodies of such cities for the benefit of the
district. Any one city may withdraw its territory from the district
in the manner provided by Section 5853.
5853. Whenever any portion of a district is included within a city
by reason of incorporation, annexation, or otherwise, such portion
shall continue to remain a part of the district for all purposes
until a copy of a resolution adopted by the city requesting exclusion
of such territory from the district is received by the board of
supervisors. Upon the withdrawal of any territory of a district, all
property acquired for the district and all unencumbered funds on the
date of withdrawal, including all taxes levied and collected by the
district in any year in which taxes are levied and collected by the
district after the date of withdrawal on property withdrawn from the
district, shall be divided between the city and the remaining
district in proportion to the assessed value of the real property of
the territory so withdrawn and the portion remaining. For the purpose
of this article, the unencumbered funds are the sum of money,
uncollected taxes, and other uncollected amounts belonging to or due
such district, in excess of an amount sufficient to pay all claims
and accounts against the district.
5854. The board of supervisors may by resolution change the name of
any maintenance district to conform with a change in the street name
or other designation which the district bears. The clerk of the
board of supervisors shall file in the office of the county assessor
and with the State Board of Equalization a certified copy of every
such resolution, and upon such filing the name of the district shall
be changed for all purposes.
5855. Where the board of supervisors or legislative body has so
declared in its resolution of intention to order the formation of a
maintenance district or any annexation thereto, the board of
supervisors or legislative body may, in its resolution ordering the
formation of a maintenance district or any annexation thereto, order
the district divided into tax assessment zones. Tax assessment zones
may be formed at a time other than at the formation of the district
or any annexation thereto if pursuant to the same procedure of
resolution, notice, and hearing as are applicable under this chapter
to the annexation of territory.
No district shall be divided into zones unless the board of
supervisors or legislative body finds that a tax assessment zone
requires special services or special facilities in addition to those
provided generally by the maintenance district or the replacement of
obsolete equipment, and that the tax levy is commensurate with the
special benefits to be provided in the zone. The boundaries of tax
assessment zones may be changed or a zone may be dissolved in the
same manner that a zone may be formed in an existing district.
When a zone is formed for the purpose of the construction or
installation of special facilities in addition to those provided
generally by the district or to replace obsolete equipment, the board
of supervisors or legislative body may provide at the time of
formation for the automatic dissolution of the zone upon payment of
all assessments attributable to the special facilities.
5856. If a maintenance district is divided into zones, the board of
supervisors or legislative body may determine what portion of the
amount of money to be secured from the levy of taxes shall be secured
from each zone within the district.
