Chapter 12-37 — ANNEXATION — Santa Maria Zoning Code

Section 12-37.01. Definitions. ¶

As used in this chapter:

"Annexation": Annexations conducted under the Annexation Act of 1913 shall be referred to in this chapter as "annexations of inhabited territory"; annexations conducted under the Annexation of Uninhabited Territory Act of 1939 shall be referred to as "annexations of uninhabited territory."

"Petition" means any petition for annexation of territory to the City. (Prior Code § 10-34)

Section 12-37.02. Exclusions. ¶

The provisions of this chapter and the fees and charges provided for in this chapter shall not apply to annexations of territory owned by the City or by a school district which includes any part of the City, nor shall they apply to any territory proceedings for annexations of which are initiated by the City Council or which is included in a petition for annexation at the written request of the City, authorized by the City Council and which territory is not owned by any signatory to the petition. (Prior Code § 10-35)

Section 12-37.03. Compliance with chapter. ¶

No territory shall be annexed to the City until the provisions of this chapter have been complied with, except as provided in this chapter. (Prior Code § 10-36)

Section 12-37.04. Filing petition. ¶

The petitions for the annexation of territory to the City shall be filed with the City Clerk and shall be accepted for filing by the City Clerk only if the petition is accompanied with proof in the form of an affidavit that all provisions of the laws of the state required to be complied with prior to circulating the petition have been complied with. (Prior Code § 10-37)

Section 12-37.05. Agreement and surety: Uninhabited territory. ¶

(a) Upon receipt of a petition for the annexation of uninhabited territory the City Council may require that the petitioners and/or other responsible parties execute an agreement with the City, which agreement may require, but shall not necessarily be limited to:
- (1) Provision for the improvement of streets and all other public utilities and improvements within the territory proposed to be annexed existing within the territory at the time of the filing of the petition to City standards for such construction;
- (2) Provision for the installation of streets and all other public utilities and improvements outside the area to be annexed, installed in a position to serve the territory proposed to be annexed in accordance with City standards and requirements, including any necessary acquisitions or dedications needed therefor;
- (3) Provision for an agreement to, or petition to, accomplish the annexation of the area proposed to be annexed to any municipal utility or service district, including but not limited to drainage districts, sewer districts and water districts.
(b) In the event any such requirements are imposed by the City Council as a condition of annexation the executed agreement filed with the City may be required to be accompanied by a surety bond issued by a surety company licensed to issue such bonds in the state, approved as to form by the City Attorney, to guarantee the performance of all terms of the agreement. The amount of such bond shall be approved by the City.

(Prior Code § 10-38)

Section 12-37.06. Agreement and surety: Inhabited territory. ¶

(a) Upon receipt of a petition for the annexation of inhabited territory, the City Council may require that the petitioners and/or other responsible parties execute an agreement with the City, which agreement may require, but shall not necessarily be limited to:
- (1) Provision for the improvement of streets and all other public utilities and improvements within the territory proposed to be annexed existing within the territory at the time of the filing of the petition to City standards for such construction;
- (2) Provision for the installation of streets and all other public utilities and improvements outside the area to be annexed, installed in a position to serve the territory proposed to be annexed in accordance with City standards and requirements, including any necessary acquisitions or dedications needed therefor;
- (3) Provision for an agreement to, or petition to, accomplish the annexation of the area proposed to be annexed to any municipal utility or service district, including but not limited to drainage districts, sewer districts and water districts.
(b) In the event any such requirements are imposed by the City Council as a condition of annexation the executed agreement filed with the City may be required to be accompanied by a surety bond issued by a surety company licensed to issue such bonds in the state, approved as to form by the City Attorney, to guarantee the performance of all terms of the agreement. The amount of such bond shall be approved by the City.

(Prior Code § 10-39)

Section 12-37.07. Authority of Council. ¶

Nothing contained in this chapter shall be construed to limit the power of the City Council to accept or reject annexations at its sole and unlimited discretion. (Prior Code § 10-40)