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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:
allowed by the board of trustees of said Reclamation District
191. Presented for payment but not paid for want
..day of of funds, this
Clerk of board of supervisors.
When registered this warrant bears seven per cent interest
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 va 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
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
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
8 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.
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 pleadings is analogous to that given to the commissioners by this section, and any correction of the list does not substitute a new
cause of action. Reclamation District V. Diepenbrock, 168 Cal. 577, 143 Pac. 763.
8 3462. LIST, HOW AND WHERE FILED. Said lists, when completed, shall be filed with the clerk of the board of supervisors of the county. The board of supervisors shall appoint a time when it will meet for the purpose of hearing objections to said assessment, and notice of such hearing shall be given by publication for two weeks in some newspaper of general circulation published in said county.
(Objections to assessment.] At any time before the date of such hearing, any person interested in any land upon which any charge has been assessed may file written objections to such assessment, stating the grounds of such objections, which said statement shall be verified by the affidavit of such person, or some other person who is familiar with the facts. At said hearing the board of supervisors shall hear such evidence as may be offered in support of said written objection and may modify or amend the said assessment in any particular, or make a reapportionment of the entire assessment. If the amount of any assessment in said list shall be changed, the board of supervisors shall set a day for hearing objections to said assessment as changed, and shall give notice thereof by publication for two weeks in some newspaper published in the county. At such hearing objections in writing may be made by any person interested, and the board of supervisors shall proceed to hear the same in the same manner as upon the original hearing. If the amount of any assessment shall again be changed the board of supervisors shall proceed as before to give notice and to hear objections thereto, and shall proceed in a similar manner until the amount of each assessment shall be finally fixed and approved. The board of supervisors shall then make an order approving said assessment, and shall indorse such order upon said assessment list, which said indorsement shall be signed by the chairman of said board of supervisors and attested by the clerk thereof, and such decision of said board of supervisors shall be final, and thereafter said assessment list shall be conclusive evidence that the said assessment has been made and levied according to law, except in an action commenced as hereinafter provided. The lists shall then be filed with the county treasurer, or, if the district is situated in more than one county, then the original list must be filed in the county where the greater portion of the lands of said district is situated, and copies thereof certified by the treasurer must be filed with the treasurer of each of the other counties.
(Objection in writing.] No objection to such assessment shall be considered by the board of supervisors, or allowed in any other action or proceeding, unless such objection shall have been made in writing to the board of supervisors as above specified.
[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 said district is situated to have said assessment corrected, modified or annulled. Such action must be commenced within thirty days after said assessment list has been filed in the office of the county treasurer. If said action shall not be commenced within thirty days, no action or defense shall thereafter be maintained attacking the legality of said assessment in any respect.
The provisions of this section shall apply in all respects to an assessment list made under the provisions of subdivision B of section three thousand four hundred fifty-six.
History: Enacted March 12, 1872; amended March 30, 1874, Code
May 26, 1917, Stats, and Amdts. 1917, p. 1204. In effect July 27, 1917. LISTS AND OBJECTIONS TO ASSESSMENTS. plans of the engineer, upon which the assess1-3. As to generally.
ment was based, estima as a part of the 4, 5. Construction- Validity of assessments.
work to be done the construction and in
stallation of a pumping plant together with 6. Enforcement-Action in superior court.
drainage canals leading thereto, it is not 7. —Questions determinable.
necessary that the cost of the right of way 8. Remedy of land owners.
for the proposed canals and pump should As to generally.-Under the report and be provided for in the report or plans.
Meyer V. Reclamation District No. 17, 172
2. Where the plans consist of profiles and maps, and the maps show the lines and loca. tion of the canals to be constructed leading to the pumping plant, and the profiles show the bottom width of the canals, the contour of the land and the height of the surface above the bottom of the ditch, and the amount of excavation is specifically stated, the objection is without merit that the description of the canals does not show the width at the top nor the slopes of the sides, so that the yardage could be computed there. from.-Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac, 635.
3. The statement that the pump was a twelve-inch pump to be run by electricity, with the necessary housing, transformers and attachments, is sufficient. — Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
having no warrant in law.–Finnan v. Reclamation District, 26 Cal. App. 714, 148 Pac. 227.
6. Enforcement-Action in superior court. -In an action brought pursuant to section 3462 of the Political Code, as amended in 1911, to modify or annul an assessment levied in behalf of a reclamation district, the decision of the trial court that the assessment to plaintiff's land was in proportion to benefits accruing from the works of reclamation, is conclusive on appeal, where the evidence is conflicting.-Meyer v. Reclamation District No. 17, 172 Cal. 104, 155 Pac. 635.
7. -Questions determinable.--In a proceeding under this section for the sole purpose of avoiding an assessment, a landowner within the district, who has paid his proportion of a previous assessment subsequently declared invalid by the courts, can not have determined whether he is entitled to credit on the later assessment for the payment made under the invalid assessment, or whether he is entitled to a return of the money so paid.—Spurrier v. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
Construction. The purpose of the amendment of 1911 (Stats. 1911, p. 644) was commendable, and there is no valid legal objection to the provision in reference to the finality of proceedings before a board of supervisors, at least so far as the regularity and the question of the apportionment of the assessment are concerned. This can be said of defects in the original petition as well as of other irregularities.Finnan v. Reclamation District, 26 Cal. App. 714, 148 Pac. 227.
5. —Validity of assessments.—This section can not be held to validate any assessment levied for purposes other than those specified in the code, and does not preclude an inquiry as to the same by an owner whose lands are about to be sold under proceedings
8. Remedy of land owners. Such land owners are not entitled to the actual return of the money in a special proceeding brought under section 3462 of the Political Code to annul the assessment, but their remedy is to first make demand of the treasurer of the county for its return, with the legal interest thereon, or be applied in payment pro tanto of the new assessment, and upon refusal, to test the claim by appropriate proceedings. -Spurrier V. Reclamation District No. 17, 172 Cal. 157, 155 Pac. 840.
§ 3463. LIEN ACQUIRED BY FILING LIST. LIST PRIMA FACIE EVIDENCE. When the board of supervisors shall have finally taken action modifying or approving any assessment liens as provided in section three thousand four hundred fifty-five of this code, the charges assessed thereby upon tracts of land within the county shall constitute a lien thereon and shall impart notice thereof to all persons.
When the board of trustees of any reclamation district shall cause assessment lists to be prepared and filed with the clerk of the board of supervisors whereon they shall assess any sum necessary to be raised to the several tracts of land within the said district in the manner provided in the second paragraph of said section three thousand four hundred fifty-five, the charges so assessed upon any said tract shall constitute a lien thereon and shall impart notice thereof to all persons.
No subsequent act or conduct of the trustees of the reclamation district shall invalidate any such assessment, after the same shall have become a lien in the manner herein provided, but such trustees may be compelled by mandate, or other proper proceeding, to perform their duties as required by law.
History: Enacted March 12, 1872; amended March 6, 1905, Stats. and Amdts. 1905, p. 55; April 5, 1911, Stats, and Amdts. 1911, p. 645;
May 26, 1917, Stats. and Amdts. 1917, p. 1206. In effect July 27, 1917. 1. Who may maintain action.--This sec- and when it is not alleged that the specition authorizing an action to modify or fications attacked will, by their uncertainty annul a reclamation district assessment per- of detail, cause any injury to the plaintiff mits it to be maintained only by "any per- or others, or in any manner injuriously son aggrieved by the decision of the board,” affect the proceeding, or in any degree hin