DIVISION 17. DRAINAGE [56000. - 56130.]
Division 17 added by Stats. 1955, Ch. 1232.
§§ 56000–56130 · 70 sections
PART 1. COUNTY DRAINAGE DISTRICTS §§ 56000–56130 · 70 sections
CHAPTER 1. General Provisions §§ 56000–56003 · 4 sections
- § 56000 This part shall be known and cited as the “County Drainage District Act.”
- § 56001 “District” as used in this part means any county drainage district formed pursuant to this part or pursuant to any law which it supersedes.
- § 56002 “District board” as used in this part means the board of directors of a district.
- § 56003 Districts may be formed, maintained and governed in any county as provided in this part.
CHAPTER 2. Formation §§ 56010–56020 · 15 sections
- § 56010 Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors of a county when a petition requesting the…
- § 56011 A petition requesting the institution of proceedings for the formation of a county drainage district shall: (a) Request the board of supervisors of a county in…
- § 56012 Proceedings for the formation of a county drainage district shall be instituted by the board of supervisors by the adoption of a resolution of its intention to…
- § 56013 The district as formed may include unincorporated or incorporated and contiguous unincorporated territory. The incorporated territory included in the district…
- § 56014 The time to be fixed for the hearing of objections to the formation or extent of the district shall be not less than 30 days after the adoption of the…
- § 56015 Prior to the time of hearing, the resolution shall be published at length in the proposed district pursuant to Section 6066 of the Government Code. Brief…
- § 56016 At the time provided in the resolution of intention or at any time to which the hearing is continued, the board of supervisors shall hear any objections to the…
- § 56017 If written objection to the formation of the district signed by 10 percent of the voters registered in the district is filed with the board of supervisors, it…
- § 56018 At the election only voters registered in the proposed district may vote. Election precincts shall be established by the board of supervisors, and precinct…
- § 56018.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 56018.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 56018.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 56018.4 The officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and…
- § 56019 At the conclusion of the hearing, or if an election is held and the canvass of the election returns shows that a majority of all the votes cast in the entire…
- § 56020 The order of formation shall contain the name of the district, and a description of the boundaries or otherwise indicate its territory. The order is conclusive…
CHAPTER 3. Officers §§ 56030–56031 · 2 sections
- § 56030 The governing body of a county drainage district is a board of directors of not less than five members. If the district does not include a city or cities or…
- § 56031 The district board shall have power to fix the amount of compensation per meeting to be paid each member of the board for his or her services for each meeting…
CHAPTER 4. District Powers and Purposes §§ 56040–56042 · 3 sections
- § 56040 The objects and purposes of a county drainage district shall be to provide for: (a) The control of storm and other waste waters of or within said district,…
- § 56041 A county drainage district shall have the power: (a) To sue and be sued in its own name; (b) To adopt a seal; (c) To take by grant, purchase, gift, lease,…
- § 56042 All ordinances of a county drainage district shall be adopted by the board of directors of the district, and shall be certified to, recorded, and published in…
CHAPTER 5. Preliminary Report and Survey §§ 56050–56061 · 9 sections
- § 56050 Before constructing any project and before calling any election for the issuance of bonds as hereinafter provided, the district board shall by resolution…
- § 56051 The engineer or engineers may, subject to the direction of the district board, employ such surveyors and others as may be necessary to prepare the report.
- § 56052 When the engineer’s report is filed, the district board shall examine it and may thereupon: (a) Reject it and direct that a new report be prepared; (b) Direct…
- § 56053 Notice of the hearing shall be published by the district board pursuant to Section 6066 of the Government Code in a newspaper circulated in the district. At…
- § 56054 At the conclusion of the hearing the district board shall either order the report changed to conform to some or all the objections made or shall approve and…
- § 56055 If the district board approves and adopts the report of the engineer or engineers, the board shall order the engineer or engineers to prepare precise plans and…
- § 56059 The engineer or engineers employed by the district board to prepare the precise plans and specifications shall be directed by the district board to superintend…
- § 56060 A right of way in or across any public highway, street or property in the district is hereby granted to the district wherever the right of way is found by the…
- § 56061 Notwithstanding any other provision in this chapter to the contrary, in the event that prior to the formation of a district a report has been secured by the…
CHAPTER 6. Bonds §§ 56070–56090 · 21 sections
- § 56070 After the approval and adoption of an engineer’s report and before ordering the engineer to prepare precise plans and specifications as provided in Chapter 5,…
- § 56071 The resolution shall state all of the following: (a) The general objects and purposes for which it is proposed to incur an indebtedness. (b) A reference to the…
- § 56072 For the purposes of the bond election the district board may consolidate into one precinct several precincts established for general election purposes and…
- § 56073 An election board consisting of one inspector, one judge, and one clerk shall be appointed by the district board for each precinct.
- § 56074 Only voters registered in the district are eligible to vote at the bond election.
- § 56075 The resolution calling the election shall be published pursuant to Section 6063 of the Government Code in a newspaper having a general circulation in the…
- § 56076 If two-thirds of the votes cast are in favor of incurring the bonded indebtedness as proposed, bonds of the district for the amount stated in the resolution…
- § 56077 The validity of the bonds after their issuance shall not be questioned in any court except upon the ground that the provisions of this chapter authorizing…
- § 56078 The district board shall prescribe by resolution the form of the bonds, and interest coupons. The bonds shall be payable at such times and at a place to be…
- § 56079 The bonds shall be issued in such denominations as the district board determines, except that no bonds shall be of a denomination less than one hundred dollars…
- § 56080 The bonds shall be signed by the chairman of the district board, and countersigned by the auditor of the district, and the seal of the district board shall be…
- § 56081 If any officer whose signature or countersignature appears on the bonds ceases to be an officer before the delivery of the bonds to the purchaser, his…
- § 56082 The board may issue and sell the bonds of the district at not less than par value, and the proceeds shall be placed in the treasury of the county. Before…
- § 56083 The construction fund shall be applied exclusively to the purposes and objects mentioned in the resolution calling the bond election. Payments from the…
- § 56084 When the purposes and objects mentioned in the resolution calling the bond election have been accomplished, any moneys remaining in the construction fund shall…
- § 56085 If the proposition of issuing bonds submitted at a bond election fails to receive the requisite number of votes, the district board may, at the expiration of…
- § 56086 If bonds have been issued by the district and the proceeds of the sale have been expended, and the district board by resolution passed by a vote of four-fifths…
- § 56087 Bonds and the interest thereon shall be paid by revenue derived from an annual tax upon the real property in the district, and all the real property in the…
- § 56088 (1) An issue of bonds is hereby defined to be the aggregate principal amount of all of the bonds authorized to be issued in accordance with a proposal…
- § 56089 Bonds may be made payable on a date subsequent to the time fixed for the collection of the second installment of general district taxes with which the first…
- § 56090 If the result of any election upon the question of the issuance of bonds is in favor of issuance, the board may, in its discretion, commence in the superior…
CHAPTER 6.5. Drainage Fees § 56095 · 1 section
- § 56095 In addition to all of the powers enumerated in this part, a county drainage district shall have the power to adopt by resolution and carry out any definite…
CHAPTER 7. Application of Other Statutes §§ 56100–56104 · 5 sections
- § 56100 The Improvement Act of 1911 and the Improvement Bond Act of 1915 are applicable to county drainage districts formed under this part. After approving and…
- § 56101 In the application of those acts to proceedings under this part, the terms used in those acts shall have the following meanings: (a) “City council” and…
- § 56102 The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards,…
- § 56103 No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of said…
- § 56104 Notwithstanding any other provision contained in the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 to the contrary, in the…
CHAPTER 8. Finance and Taxation §§ 56110–56118 · 9 sections
- § 56110 Annually, at least 15 days before the first day of the month in which the board of supervisors of the county in which the district is located is required by…
- § 56111 The board of supervisors of the county shall annually, at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon…
- § 56112 If the district board fails to furnish to the board of supervisors the written statement of the amount necessary, the board of supervisors of the county shall…
- § 56113 The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected shall be paid into the…
- § 56114 The principal and interest on the bonds shall be paid by the treasurer of the county in the manner now or hereafter provided by law for the payment of…
- § 56115 In any year, at least 15 days before the first day of the month in which the board of supervisors of the county in which the district is located, is required…
- § 56116 The tax shall be levied and collected at the same time and in the same manner as the general tax levy for county purposes, and the revenue derived from the tax…
- § 56117 Payment from the operating fund shall be made upon claims allowed by the district board. Claims for money or damages against the district are governed by the…
- § 56118 The cost of preparing the engineer’s report, including the compensation paid engineers and other employees of the district, is a charge against the district…
CHAPTER 9. Annexation § 56130 · 1 section
- § 56130 Territory, whether incorporated or unincorporated, contiguous to a district, and not included in any other county drainage district or other district formed…