29710-29727
PUBLIC UTILITIES CODE
SECTION 29710-29727
29710. Any territory within the boundaries of the district not
included within the boundaries of the special service district to
which it is proposed to be annexed, may be annexed thereto in the
manner provided in this article; provided that no city shall be
divided in the annexation of territory to a special service district.
29711. The board shall by resolution determine that the annexation
of the territory will facilitate the acquisition or operation of
transit facilities for the special service district, describe the
territory, declare its intention to annex the territory to the
special service district, set forth the terms and conditions upon
which the territory shall be annexed, fix the time and place for
hearing on the question of the annexation and provide for notice of
the hearing.
29712. Any public agency or portion thereof included as part of the
territory proposed to be annexed to a special service district
pursuant to this article may, by resolution of its legislative body,
or a petition of its voters filed with the secretary of the district
prior to the hearing on annexation, require the submission of an
annexation proposition to the voters of the public agency, or portion
thereof. However, no election shall be held if the board, pursuant
to Section 29719, excludes from the territory to be annexed the
public agency, or portion thereof, proposed to be annexed in
accordance with its resolution or petition.
29713. The petition for election provided for in Section 29712
shall be signed by voters within any public agency, or portion
thereof, included within the boundaries of the territory proposed to
be annexed equal in number to at least 10 percent of the registered
voters residing within such public agency, or portion thereof. The
petition may include one or more documents, but each document shall
contain the affidavit of the party who circulated it certifying that
each name affixed thereto is the true signature of the person whose
name it purports to be.
29714. The secretary of the district shall compare the signatures
with the affidavits of registration on file with the county elections
official, and shall certify to the board as to the sufficiency or
insufficiency of the petition.
29715. The terms and conditions for the annexation of territory to
a special service district may provide, among other matters, for the
payment of taxes within the territory to be annexed, in addition to
the taxes otherwise provided for in this part, the fixing of rates,
rentals, and charges differing from those fixed or existing
elsewhere, within the special service district, the making of a
payment or payments, or the transfer of property, real and personal,
and other assets to the district by the territory proposed to be
annexed.
29716. Notice fixing the time and place for hearing on the question
of the annexation of territory to a special service district shall
be published once in a newspaper of general circulation published in
the district. The board, in its discretion, may give such additional
notice as it deems desirable.
29717. The time of hearing shall be not less than 20 nor more than
60 days from the date of the publication of the notice.
29718. At or before the hearing, any person interested may file
with the secretary of the district written objections to the
annexation of the territory to the special service district or to the
inclusion of his property. Upon the hearing the board shall hear and
determine all protests and objections.
29719. The hearing may be continued from time to time by the board
without further notice other than an order entered upon the minutes
of its meeting fixing the time and place of the continued hearing. In
the event that no protests are filed, or the protests filed are
overruled and denied, and no election is to be held, the board shall,
by resolution, declare the territory, or a portion thereof, annexed
to the special service district.
29719.5. If the board finds that protest has been made, prior to
the board's final determination for annexation, by the owners of real
property within the area to be annexed the assessed value of which,
as shown by the last equalized assessment roll, constitutes more than
one-half of the total assessed value of the real property within the
area to be annexed, the proceeding shall terminate. The board shall
order the proceedings terminated when such protests are received.
29720. From and after the date of filing of the resolution with the
secretary of the district, the annexation of the territory, or
portion thereof, to the special service district is complete.
29721. If an election is required to be held, pursuant to the
provisions of Section 29712, the board shall call such election
within 60 days after the petition or resolution is filed with the
secretary of the district; provided that if a general election is to
be held within the petitioning public agency within 120 days after
the petition or resolution is filed with the secretary of the
district, the board may consolidate the election required by this
article with the general election.
29722. The ballot for the election shall contain such instructions
as are required by law to be printed thereon and in addition thereto
the following:
------------------------------------+-------+----
| |
Shall territory in ____ (giving | |
name of public agency or portion | YES |
thereof) be annexed to San | |
Francisco Bay Area Rapid Transit | |
District, Special Service District | |
No. ___ (here insert number)? +-------+----
| NO |
------------------------------------+-------+----
29723. No person is entitled to vote at the election unless he is a
voter of the public agency, or portion thereof, requesting the
election. The election may be held on the same day as any other
state, county or city election and may be consolidated.
29724. The costs of the election required by this article shall be
borne by the district.
29725. The question of the annexation of territory to a special
service district shall be canvassed separately for each public
agency, or portion thereof, in which an election is held, and the
board shall order and declare the territory annexed to the special
service district in each public agency, or portion thereof, in which
an election is held and in which a majority of those who voted upon
the proposition of annexation of territory to the special service
district voted in favor of the proposition, and excluding each public
agency, or portion thereof, in which an election was held and in
which a majority of those who voted upon the proposition of the
annexation of territory to the special service district voted against
the proposition.
29726. Upon the completion of the annexation of any territory, in
accordance with law, to any city included in a special service
district, the city clerk shall file with the secretary of the
district a certified copy of the ordinance, resolution or other
document completing said annexation containing a description of the
property so annexed. Unless the district within 90 days after such
filing shall file with the city clerk the district's written
objections to the annexation to the special service district of said
territory, such territory shall, upon the termination of such period,
be deemed incorporated into and annexed to the special service
district, and thereafter is subject to taxation along with the entire
territory of the special service district in accordance with the
assessable valuation of the property thereof for special service
district purposes, and for the payment of any indebtedness
theretofore or thereafter incurred by the special service district.
29727. If the district shall file its objections, in the manner
provided in Section 29726, to the annexation to a special service
district of territory annexed to a city included in a special service
district, the territory shall not be annexed to the special service
district, except in the manner heretofore provided in this Article 6
(commencing with Section 29710). The district may withdraw such
objections by filing with the city clerk a certified copy of a
resolution of the board stating that such objections are withdrawn.
Thereupon such territory shall be deemed incorporated into and
annexed to the special service district, as provided in Section
29726.