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shall so report to the board of supervisors of the county within which the district or the greater part thereof is situate, and shall set forth in their said report the estimated cost of the said works of reclamation, and petition the said board of supervisors to appoint three commissioners who shall have no interest in any real estate within said district, each of whom, before entering upon his duties, shall make and subscribe an oath that he is not in any manner interested in any real estate within said district, directly or indirectly, and that he will perform the duties of a commissioner to the best of his ability. Upon receipt of said petition from the board of trustees the board of supervisors to whom the same was presented must within not more than sixty days appoint said assessment commissioners above referred to. Said commissioners must view and assess upon the land within said district the said sum so estimated and shall apportion the same according to the benefits that will accrue to each tract of land in said district, respectively, by reason of the expenditures of said sums of money, and shall estimate the same in gold coin of the United States.

[Sums paid to county treasury.] The sums must be collected and paid into the county treasury as hereinafter provided, and be placed by the treasurer to the credit of the district, and paid out for the works of reclamation upon the warrants of the trustees, approved by the board of supervisors, or, if bonds of such district have been issued upon said assessment, then said treasurer shall set the same apart as a separate fund for the purpose of paying the principal and interest of such bonds, and shall not pay any part of the moneys received from such assessment for any purpose other than the payment of the principal and interest of such bonds.

B. [Funds for maintenance and repair.] When the work contemplated by the original or any supplemental plan of reclamation of any reclamation district shall have been completed, the trustees may so report to the board of supervisors of the county in which the district, or the greater part thereof is situate, together with a petition to the said board of supervisors to appoint assessment commissioners. Said report and petition shall set forth that the work contemplated by the original or supplemental plan of reclamation has been completed, and that hereafter the said reclamation district will only require funds for the maintenance and repair of the said works of reclamation. Upon filing said report and petition the said board of supervisors shall appoint three commissioners, each of whom shall be similarly qualified, and shall make and subscribe the same oath as is provided hereinabove for commissioners.

[Commissioners to prepare assessment list.] When so appointed and so qualified such commissioners shall prepare an assessment list, which list shall contain the following information in separate columns:

1. A description of each tract assessed by legal subdivisions, swamp land surveys, or other boundaries sufficient to identify the same.

2. The number of acres in each tract.

3. The names of the owners of each tract, if known; and if unknown, that fact; but no mistake or error in the name of the owner or supposed owner of the property assessed, and no mistake in any other particular, shall render the assessment thereof invalid.

4. The assessment valuation per acre of each tract assessed. 5. The total assessment valuations of each said tract. 6. A blank column for rate to be fixed as shown hereinafter. 7. A blank column for amount of assessment to be computed as shown hereinafter.

Thereafter said assessment valuations shall be used as a basis for assessments in raising funds for the maintenance and repair of the works of reclamation and incidental expenses of said district. Said assessment list, when completed, shall be filed with the clerk of the board of supervisors in the same manner as a report made under an original or modified plan of reclamation.

[Hearing.] Thereupon the said board of supervisors shall appoint a time when it will meet for the purpose of hearing objections; said objections, if any, must be in writing, verified, and filed with the clerk of said board of supervisors. Notice of the said hearing shall be given in the same manner and for the same time as notice of hearing objections to an original assessment. At said hearing, the board of super

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visors shall hear such evidence as may be offered in support of said written objections, and may modify or amend the said assessment valuations in any particular. No objections to said assessment valuations shall be considered by the board of supervisors, or allowed in any other action or proceeding, unless said objections shall have been made in writing to the board of supervisors within thirty days after the first publication of notice of hearing objections, if any, to said assessment valuations.

[Action in superior court.] Any person aggrieved by the decision of the board of supervisors may commence an action in the superior court of the county in which the greater part of the said district is situate, to have said assessment valuations corrected, modified or annulled. Such action must be commenced within thirty days after said ! assessment valuations have been approved by the board of supervisors. If said action shall not be commenced within thirty days, no action of defense shall thereafter be maintained attacking the legality of said assessment valuations in any respect.

[Amounts needed thereafter.] Thereafter, whenever in the opinion of the trustees of the district, it shall be necessary to raise any sum for the construction, maintenance or repair of the works of reclamation, or for the incidental expenses of the district, the said board of trustees shall make an order, which order shall be entered in the minutes of the board and shall recite the total amount necessary to be raised and shall fix a rate designating the number of cents to be levied on each one hundred dollars of assessment valuation shown on the list prepared and approved in the manner hereinabove provided.

Thereafter the board of trustees must complete said assessment list by inserting the rate and the total assessment in columns six and seven as provided therefor.

The assessment made in pursuance hereof shall be filed with the county treasurer and thereafter collected in the same manner provided for the collection of any original assessment; provided, however, that the board of trustees may, in their discretion, direct the payment of any such assessment in one installment.

(New assessment list.] The report of assessment commissioners as herein provided fixing the assessment valuations for reclamation purposes, after having first been approved by the board of supervisors as hereinabove provided, shall continue in force as the basis for raising necessary funds for construction, maintenance and repair of the works of reclamation, and for incidental expenses of the district until the trustees of said district, or the holders of title or evidence of title representing fifteen per cent or more of the lands within the district, shall petition said board of supervisors to make an order directing the commissioners who made the original assessment list or other commissioners, to be named in such order to prepare a new assessment list. Such commissioners must have the same qualifications and take the same oath as the original assessment commissioners.

The assessment list when so prepared by said commissioners shall be filed with the clerk of the board of supervisors, and shall thereafter in all respects be subject to the same provisions as an original assessment list. All provisions of this code relating to collection of assessments and sale of land for delinquent assessments, shall be applicable to assessments levied in accordance with the provisions of this section.

History: Enacted March 12, 1872; amended March 30, 1874, Code
Amdts. 1873-4, p. 46; February 18, 1903, Stats, and Amdts. 1903, p. 31;
April 5, 1911, Stats, and Amdts. 1911, p. 642; May 26, 1917, Stats. and
Amdts. 1917, p. 1198. in effect July 27, 1917.

Editorial Note: List made under provisions of subdivision B of this

section is governed by provisions of $ 3462, post. 1. Assessment of charges-Mandamus.- county treasurer, as it is essential under secMandamus will lie to require the trustees tions 3456, 3463 and 3466 of the Political of a reclamation district to call in sufficient Code that such bonds be sold and placed in of an assessment levied to pay warrants is the hands of third parties, so as to create an sued for the construction of levees and other obligation of the district, before there is an reclamation work of the district done pursu- “issuance" of such bonds under the proviant to contracts with the trustees, where the sions of such code, which will warrant the only steps taken toward the “issuance" of payment of the cost of the work out of the bonds to pay for the cost of such work had proceeds derived from their sale.-Moreing v. been their execution and delivery to the Shields, 28 Cal. App. 513, 152 Pac. 964.

2. No material issue is presented by the allegation in the answer to the petition for the writ of mandate that at the time of the execution of the contracts for the reclamation work all the parties expected and believed that a bond election would be held and the bonds voted and would produce the money to satisfy the claim of petitioners, in the absence of any allegation of any agreement that the contractors would look to such fund

for compensation.—Moreing v. Shields, 28 Cal. App. 513, 152 Pac. 964.

3. An allegation in such answer that no demand was made by petitioners to call in any portion of the assessment is likewise immaterial, where it is alleged that the trustees were forbidden by law to call in said assessment or any portion thereof, except for the purpose of meeting the principal and interest on the bonds. - Moreing v. Shields, 28 Cal. App. 513, 152 Pac. 964.

$ 3457. WARRANTS, FORM OF; INTEREST; PAYMENT, ETC. All warrants drawn by the trustees must be in substantially the following form:

FACE.

No. .........

$......... Office of the Board of Trustees of

Reclamation District No. The treasurer of ....... .......... County will pay to the order of ......... out of Reclamation District No. ........ fund the sum of .................. dollars for .................. allowed by the board of trustees of said Reclamation District No. ...... Dated

....., 191...

[blocks in formation]

Presented for payment but not paid for want of funds, this ........day of ........, 191...

Attest:

Treasurer of ........ County.

| Pay to .........

Clerk of board of supervisors. When registered this warrant bears seven per cent interest annually, computed from its date to the date of payment. This warrant will outlaw and can not legally be paid four years after date.

[interest on warrants.] The warrants drawn by the trustees must be presented to the treasurer of the county, and if they are not paid on presentation, such indorsement must be made thereon, and they must be registered and bear interest from their date at the rate of seven per cent per annum, and such warrants are and shall be considered as contracts in writing for the payment of money, and the period prescribed for the commencement of an action based upon said warrants, or connected therewith, is and shall be the term of four years from the date of said warrants; provided, however, that all warrants shall be approved by the board of supervisors before the same shall be paid or registered by the county treasurer.

All warrants shall be paid by the county treasurer strictly in the order in which they shall have been registered.

[Warrant outstanding one year or more.] Whenever a warrant shall have been outstanding one year or more, the board of trustees shall on the demand of the holder of said warrant cancel the same and issue a new warrant for the face value of the old warrant and a separate warrant for the amount of interest then due thereon; or, the board of trustees may allow a claim for the amount of interest due on any warrant so outstanding one year or more and may draw a warrant therefor; upon drawing this warrant they shall indorse on the reverse of the old warrant the fact that interest has been paid to the date of drawing the warrant for interest and the warrant drawn for the interest must state that it is for interest on warrant No. ............ to ............ (date); the board of trustees shall notify the county treasurer upon drawing these warrants for interest and he shall note on his register of warrants the fact that interest has been paid on such warrants; provided, that any warrant not paid or presented for reissuance may within four years after its date upon the demand of the holder, be extended for a like period of four years, upon presentation to the board of trustees of the district, such extension being indorsed thereon by said board. The board of trustees and the county treasurer may cancel all warrants not paid, reissued or extended within four years after their date.

In case an action or proceeding based upon any warrant or connected therewith, be commenced within four years after the date of such warrant, and final judgment be obtained in favor of the holder or owner thereof, such warrant shall be paid the same as if it had been paid before the expiration of said four years from the date of said warrant.

[Determination of amount due.] In any proceeding for a writ of mandate to compel the trustees to issue a warrant, if a controversy arises as to the amount that may be due to the plaintiff, the court must determine the same in the manner provided for determining controversies in other civil actions, and shall cause a writ to issue for such sums as may be found to be due. The date of a warrant shall be the day on which the same is signed by the board of trustees.

History: Enacted March 12, 1872; amended March 30, 1874. Code
Amdts. 1873-4, p. 47; March 7, 1905, Stats. and Amdts. 1905, p. 69;
February 20, 1909, Stats, and Amdts. 1909, p. 32; April 5, 1911, Stats.
and Amdts. 1911, p. 643; June 12, 1915, Stats, and Amdts. 1915, p. 1524;

May 26, 1917, Stats. and Amdts. 1917, p. 1202. In effect July 27, 1917. 1. Payment of warrants.—Warrants must would leave an insufficient amount in the be paid in the order of the date of their hands of such officer to pay prior outstandissuance, or if registered as outstanding, ing unpaid registered warrants in their regunpaid warrants, in the order of registra ular order of registration.--Pacific Gas & tion, and mandamus will not lie to compel Electric Co. v. Cole, 32 Cal. App. 265, 162 the county treasurer to pay the amount Pac, 435. of certain warrants, where such payment

8 3459. ADDITIONAL ASSESSMENTS. If the original assessment is insufficient to provide for the complete reclamation of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance and repair of the reclamation works, the trustees may file with the clerk of the board of supervisors of the county in which the district, or the greater part thereof, is situated two copies of the plan of reclamation and a statement of the work done or to be done and its estimated cost, and the same proceeding shall be had thereon as provided in section three thousand four hundred fifty-five for an original plan of reclamation. When said plan shall have been approved by the state board of reclamation, the trustees of the district shall so report to the board of supervisors, and such board must make an order directing the commissioners who made the original assessment, or other commissioners, to be named in such order, to assess the amount of such estimated cost as a charge upon the lands with[in] the district, which assessinent must be made and collected in the same manner as the original assessment.

History: Enacted March 12, 1872; amended March 30, 1874, Code
Amdts. 1873-4, p. 47; February 18, 1903, Stats. and Amdts. 1903, p. 31;

May 26, 1917, Stats. and Amdts, 1917, p. 1204. In effect July 27, 1917. 1. Construction.-The requirement of a ment of brush held in place by rocks to prostatement in the report of the "work done tect the levee against the washing of waves or to be done and its estimated cost” means and currents) is sufficient without giving the work done and unpaid for and not a the thickness of the layer of brush, the size detailed statement of all work performed of the rocks to be used, nor the width of the under the expended assessment.-Reclama space to be covered.-Meyer v. Reclamation tion District v. Diepenbrock, 168 Cal. 577, District No. 17, 172 Cal. 104, 155 Pac. 635. 143 Pac. 763.

4. Where part of the assessment is to pay 2. The code does not require that the for reclamation work already done, a de"statement of the work to be done" shall scription of such work as will identify it have the certainty and completeness of detail with certainty is enough; and when the that would be necessary in a contract for maps and profiles show the location and the construction of works, but only "a plan height of the old levees, and also the height showing in some detail and with some de- to which it was proposed to raise them by gree of certainty the extent and character the new work, the number of cubic yards of the proposed works.”—Meyer v. Reclama required therefor, and the top width of the tion District No. 17, 172 Cal. 104, 155 Pac. levees when so raised, together with the 635.

estimated cost of the work to be done, it is 3. The statement in the report that it was sufficient.-Meyer v. Reclamation District No. necessary that certain sums be expended for 17, 172 Cal. 104, 155 Pac. 635. rocking and brushing (a covering or revet

$ 3460. COMMISSIONERS TO MAKE ASSESSMENT-LIST. The commissioners appointed by the board of supervisors must make a list of the charges assessed against each tract of land; and if there be any error or mistake in the description of the land, or in the name of the owner, or if any land which should be assessed has been or shall be omitted from the list, or if there is any error or mistake in any other respect, the commissioners may amend or correct the same at any time before the lists shall have been approved by the board of supervisors as hereinafter provided. When any tract of land upon which an assessment or assessments shall have been made shall be subdivided into smaller parcels, the board of trustees of the district shall reapportion the assessment or assessments upon such tract in such manner as will charge each of said smaller parcels with a just proportion of assessment or assessments previously made upon said tract so subdivided. Said board of trustees shall file with the clerk of the board of supervisors of the county a list or lists of the charges assessed against each of said parcels. Said reapportionment shall be approved by the board of supervisors in the manner provided in section three thousand four hundred sixty-two of this code. Said lists after such approval shall be filed with the county treasurer of the county and shall have the same effect as on original assessment.

History: Enacted March 12, 1872; amended March 31, 1891, Stats.
and Amdts, 1891, p. 286; April 5, 1911, Stats. and Amdts. 1911, p. 643;
June 8, 1915, Stats. and Amdts, 1915, p. 1286; May 26, 1917, Stats, and
Amdts. 1917, p. 1204. In effect July 27, 1917.

1. Correction of mistakes in description possession of the county treasurer. A corof land. The commissioners may permit a rection which merely made the list conform correction, on the trial of the description to existing facts creates neither a new of the land designated in the assessment list assessment nor a new lien. - Reclamation as the property of the defendant in order to District V. Diepenbrock, 168 Cal. 577, 143 make the description clearer. The time for Pac. 763. amendment is not restricted to the period 2. The power which section 473 gives to during which the lists remain in the actual the court concerning the correction of plead

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