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(11) (Proceedings to determine legality of district.) To commence proceedings in the superior court of the county where the greater portion of the district is situate to determine the legality of the existence of such district in the manner provided by section three thousand four hundred fifty-three of this code.
(12) [Distribution of funds not needed.] To distribute, among the landowners of the district, after having first provided by order duly entered in their minutes, any funds in the treasury belonging to said districts and not needed for the purposes of reclamation, such distribution to be made among the several landowners in the said district in proportion as said owners were assessed on the last assessment made by said district.
(13) [Report of plans.] To report to the supervisors every original plan, and every new, supplemental or additional plan for the reclamation of the lands within said district in the manner provided by section three thousand four hundred fifty-five of this code.
(14) To cancel all warrants of the district not paid within four years after date of issuance unless the payment thereof extended in the manner provided by section three thousand four hundred fifty-seven of this code.
(15) [Collection of assessments.) To perform such duties with respect to the collection of assessments as is provided by section three thousand four hundred sixty-six of this code.
(16) To perform such duties with respect to the calling of bond election and the issuance of bonds as is provided in section three thousand four hundred eighty.
(17) (Reapportionment of assessments.] To reapportion the assessment or assessments upon any tract of land that has been subdivided into smaller parcels in such manner as will charge each of said smaller parcels with a just proportion of the assessment or assessments previously made upon said tract so subdivided, in the manner provided by section three thousand four hundred sixty hereof.
(18) To exercise a general supervision and complete control over the construction, maintenance and operation of the works of reclamation and generally over the affairs of the district.
(19) [Seal.) To provide a seal which shall contain the number of the district and the county in which the lands or the greater portion thereof are located and all documents requiring the approval by the board of trustees shall hereafter bear the seal of the district.
(20) (Acts, etc., for constructing, etc.) And to do and perform all acts and things which the said trustees may deem advisable, necessary or convenient for constructing, maintaining, or operating the works of reclamation, or accomplishing the purposes for which said reclamation district was formed.
B. [Compensation.] The several members of the board of trustees shall each be entitled to receive such compensation for services actually and necessarily performed as the said board of trustees may determine to be just and reasonable, and shall be reimbursed for such expenses as they may necessarily incur in the performance of their said duties as trustees. All claims by or in behalf of trustees for services rendered or expenses incurred shall be presented to the board of trustees, and if allowed shall be paid in the same manner as other indebtedness of the district, but no warrants drawn in favor of a trustee shall be valid until approved by the board of supervisors of the proper county. No trustee shall be disqualified from participating in any and all proceedings of the board of trustees, excepting that he shall not cast the deciding vote upon a motion of resolution approving a claim or awarding a contract in favor of himself.
C. (Regular meeting.] All meetings of the board of trustees at which all trustees are present or of which all members of the said board of trustees shall have received notice in writing of such meeting at least one day prior to the time set for such meeting to convene shall be deemed a regular meeting at which any business may be transacted.
History: Enacted March 12, 1872; amended March 24, 1887, Stats. and Amdts. 1886-7, p. 239; March 31, 1891, Stats. and Amdts. 1891, p. 436; April 5, 1911, Stats. and Amdts. 1911, p. 641; May 26, 1917, Stats.
and Amdts. 1917, p. 1193. In effect July 27, 1917.
8 3455. BOARD OF TRUSTEES TO REPORT PLANS TO SUPERVISORS, The board of trustees of any reclamation district must report to the board of supervisors of the county within which the district, or the greater part thereof, is situate, by filing with the county clerk of said county, two copies of the original plan or plans of the works of reclamation and two copies of every new, supplemental, or additional plan, if any, together with the estimates of the cost of the contemplated works of the district, including incidental expenses, maintenance and repair necessary for the reclamation of the lands of the district in pursuance of any such plan or plans. The term "works of reclamation” as used in this chapter shall include not only such public works and equipment, as are necessary for the unwatering of lands in reclamation districts, but shall also include such like works as may be necessary to water or irrigate the same lands in such districts.
[Plans transmitted to reclamation board.) If and when a district is located in whole or in part within the Sacramento and San Joaquin drainage district, three copies of such plan or plans and estimates shall be filed with the county clerk as aforesaid and the said county clerk shall, within five days after said three copies of such plans and estimates are filed with him, certify to two of said copies and transmit the same to the secretary of the reclamation board.
(Hearing.] Upon receipt of said certified copies of said plan or plans, the secretary of the reclamation board shall immediately set a date when the reclamation board will hold a meeting for considering objections, if any, to said plans. All such hearings by the said reclamation board shall be held not less than twenty, nor more than sixty days after the day the secretary of the reclamation board received a certified copy of the said plans.
Notice of said hearing before the said reclamation board shall be given by the secretary of said board by publishing a notice of such hearing once a week for two weeks in some newspaper of general circulation published within said district, then in the county seat of the county within which the said district or the greater part thereof, is situate.
[Form of notice.] Said notice shall be in substantially the following form: "Notice to the landowners of reclamation district
Notice is hereby given to the landowners of reclamation district number
that there has been filed with the county clerk of the county of ...
and with the secretary of the reclamation board, original (supplemental or new, as the case may be) plans for the reclamation of lands of said district; that the reclamation board will hold a meeting at its office in the city of Sacramento, county of Sacramento, State of California, on the day of .... ..... A. D. 191.., at ...
o'clock, at which time any interested party may appear and object to the said plans."
[Approval of plans.) At said hearing the reclamation board shall hear such evidence as may be offered with respect to said plans, and thereafter shall approve, modify, amend or reject the said plans; provided, however, that the said reclamation board shall not have the power to modify, amend or reject any plans so submitted on the
nd that said lans rovide for a levee which in their judgme is of excessive strength either in height, slopes or crown width; but no claim for compensation shall thereafter be made against the reclamation board or the Sacramento and San Joaquin drainage district for any part of such levees which said board may consider to be in excess of what is required to comply with its plans for flood control. The reclamation board shall have power to continue or adjourn the said hearing from time to time and shall have authority to cause such investigation and report of said plans to be made by the engineers connected with the reclamation board or by such other competent authority as said board shall deem necessary.
[Action final.] When the said reclamation board shall have taken action approving, modifying, or rejecting any such original, supplemental or new plan of reclamation after a hearing as herein provided, such action shall be final, and thereafter the suffciency of said plans shall not be subject to attack either before the reclamation board or in any court;
(Amendatory plans.) provided, however, that nothing herein contained shall prevent the board of trustees of any district from at any time filing with the county clerk of the county within which the district, or the greater part thereof, is situate, two copies of any amendatory, additional or supplemental plan of reclamation. In the event any such amendatory, additional or suppleme plan of reclamation is filed with the said clerk, a certified copy thereof shall be transmitted to the secretary of the reclamation board, who shall set the time for hearing, and thereafter the same proceedings shall be had and with like effect with respect to said amendatory, additional or supplemental plan as is herein provided for the original plan.
(Levees included in plans.] The said plan or plans and estimates may include any levees or other reclamation works already constructed or in course of construction and payments therefor may be made to the person or persons who constructed the same, or to the grantee of the lands for the benefit of which such levees or other works of reclamation were constructed by the owner of such lands, and no trustees shall be disqualified to make or approve such plans or estimates because of his [their] ownership of any levee or other reclamation works included in such plan, or the cost of which is embraced in said estimates but he shall be disqualified to vote for the issuance of any warrant or order to himself in payment therefor.
History: Enacted March 12, 1872; amended March 31, 1891, Stats. and Amts. 1891, p. 437; April 5, 1911, Stats. and Amdts. 1911, p. 642;
May 26, 1917, Stats, and Amdts. 1917, p. 1197. in effect July 27, 1917. RECLAMATION DISTRICTS_PLANS. owners, who pay the tax, may have means 1-4. Construction.
of ascertaining the specific purpose of the 3, 6. Plans for work.
assessment, the real value of the proposed
work and the benefit that will be derived 7. Where plans are modified.
therefrom.-Reclamation District No. 730 v. 1. Construction.No segregation of inci- Hershey, 169 Cal. 793, 148 Pac. 185. dental estimated expenses is required under 6. The reports, plans, and estimates this section.—Spurrier v. Reclamation Dist.
should be sufficiently definite to enable inNo. 17, 172 Cal. 157, 155 Pac. 840.
terested persons, from their own knowledge 2. The statute does not require a state- of existing conditions or by personal inspecment of the work done or to be done under tion, to understand with reasonable certainty each of the modified plans of reclamation, the work proposed and the cost thereof.but only a statement of the cost of the work Spurrier v. Krohn, 172 Cal. 157, 155 Pac. 840. necessary for the reclamation of the land in
Where plans are modified.—Where a pursuance of any of the plans.—Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148
modification of the original plan of reclamaPac. 185.
tion is adopted and the report of the engi3. There is nothing in the law requiring
neer of the district, framed in conformity the report and the adopted plan by metes
with such modified plans, gives separate
estimates of the costs of the different and bounds to specify where the actual work of raising the levee has been performed.
branches of the work, and the amount of
work done and to be done is segregated Reclamation District No. 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.
and separately stated, the cost of the amount 4. This section does not require a separate
done being segregated from the cost of the estimate of the cost of acquiring the right
amount to be done, the specification in such of way for a new proposed levee and for the
report as to the improvement of old levees cost of construction of the levee itself, and
and the construction of new levees, "that a by not requiring that such segregation be
portion of said work hereinbefore recom
mended has been done at a cost of $24,248.24 made permits it.—Reclamation District No.
in excess of the estimates contained in the 730 v. Hershey, 169 Cal. 793, 148 Pac. 185.
original plans of reclamation; that to com5. Plans for work.-In the matter of rec- plete said work will require the further lamation work, the law contemplates the sum of $44,725.76," is not subject to the adoption by the trustees of a clear and objection that it does not show what pardefinite plan of all new work embraced in ticular work has been done for which such the original and other previous plans already expense has been incurred. — Reclamation filed, before any assessment is levied there- District No. 730 v. Hershey, 169 Cal. 793, 148 for, so that all concerned, including the land Pac. 185.
8 3456. COMMISSIONERS TO ASSESS CHARGES FOR RECLAMATION. A. If and when the said reclamation board shall have approved the plan or plans of the works of reclamation, after a hearing as provided in section three thousand four hundred fifty-five of this code, then the board of trustees of the reclamation district 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 recla. mation. 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
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
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.