DIVISION 19. LEVEE DISTRICTS [70000. - 70272.]
Division 19 added by Stats. 1959, Ch. 370.
§§ 70000–70272 · 60 sections
PART 1. LEVEE DISTRICT LAW OF 1959 §§ 70000–70272 · 60 sections
CHAPTER 1. General Provisions §§ 70000–70001 · 2 sections
CHAPTER 2. Formation §§ 70030–70047 · 22 sections
- § 70030 The people of a county or a portion of a county, whether the portion includes unincorporated territory or not, may form a levee district for the protection of…
- § 70031 The formation petition shall describe the boundaries of the proposed district and shall pray that it be incorporated into a district.
- § 70032 The formation petition shall be signed by at least 50 percent of the landowners and shall also be signed by the owners of 50 percent of the land to be included…
- § 70033 The county elections official of the county containing the proposed district shall publish notice of a hearing on the formation petition pursuant to Section…
- § 70034 The notice of the hearing on the formation petition shall contain all of the following: (a) The text of the petition, which need be set forth only once even…
- § 70035 No defects in the contents of the petition, or in the form of the required notice, shall vitiate the formation proceedings, if the petition has a sufficient…
- § 70036 The formation petition shall be presented and considered at a regular meeting of the board of supervisors of the county in which the proposed district is to be…
- § 70037 At the time stated in the notice of the hearing the board of supervisors shall hear the petition, and shall hear from any of those who signed the petition and…
- § 70038 At the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with this part and for that purpose…
- § 70039 At the final hearing the board of supervisors may make changes in the boundaries of the proposed district, as may be deemed advisable, and shall then describe…
- § 70040 Upon the final determination of the boundaries of the proposed district, the board of supervisors shall call and give notice of a formation election to be held…
- § 70041 The notice of the formation election shall contain: (a) The date of the election. (b) A description of the boundaries of the proposed district. (c) The name of…
- § 70041.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 70041.2 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…
- § 70041.3 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…
- § 70041.4 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…
- § 70042 At the formation election: (a) The measure “Shall the proposition to form ____ Levee District under the Levee District Law of 1959 be adopted?” shall be…
- § 70043 The election shall be conducted, the vote canvassed, and the result declared in the same manner provided by the Elections Code, so far as applicable, except as…
- § 70044 If less than a majority of the votes cast are in favor of formation, the formation shall fail, but without prejudice to renewing proceedings at any time in the…
- § 70045 If a majority of the votes cast at the formation election are in favor of forming the district, the board of supervisors shall, by an order entered on its…
- § 70046 No informality in any proceeding, including informality in the conduct of the formation election, not substantially adversely affecting the legal rights of any…
- § 70047 Except as provided in Section 70038, any proceeding, contesting the validity of the organization of a levee district pursuant to this part, shall be commenced…
CHAPTER 3. Internal Organization §§ 70070–70093 · 12 sections
ARTICLE 1. The Board of Directors §§ 70070–70078 · 8 sections
- § 70070 A district shall have a board of three directors, each of whom shall be an elector of the district. The term of office of the directors shall be four years…
- § 70071 The three directors elected at the election held pursuant to the provisions of the Uniform District Election Law (Part 4 (commencing with Section 10500) of…
- § 70072 Any vacancies in the offices of the directors shall be filled pursuant to Section 1780 of the Government Code.
- § 70073 Each director shall, before entering upon the duties of his office, take an oath of office and file the same with the county clerk. The directors shall, at…
- § 70074 The majority of the members of the board of directors shall constitute a quorum for the transaction of business.
- § 70075 The directors shall keep a minute book in which shall be entered the proceedings of all meetings and shall keep an office for the transaction of the district’s…
- § 70076 The directors shall hold regular meetings on the second Monday of each and every month. Special meetings may be held when all members are present or may be…
- § 70078 Each member of the board shall receive compensation for services actually and necessarily performed, as the board determines to be just and reasonable, and…
ARTICLE 2. Other Officers and Employees §§ 70090–70093 · 4 sections
- § 70090 The treasurer of the county in which a district is located shall be the treasurer of the district. The tax collector of the county in which a district is…
- § 70091 The treasurer, tax collector, auditor, and assessor shall each enter into a bond to the district in an amount to be determined by the board of directors for…
- § 70092 The directors may appoint a district engineer. The construction or repair of any levees or associated works shall be under the direction, and to the…
- § 70093 The directors shall have the power to employ an attorney or attorneys for the purpose of advising them or advising other officers of the district and to…
CHAPTER 4. Elections §§ 70120–70121 · 2 sections
- § 70120 Except as otherwise provided in this part, districts governed under this part are subject to the provisions of the Uniform District Election Law (Part 4…
- § 70121 In order to vote at any district election, including the formation election, a person must be a qualified elector of the district. A “qualified elector of the…
CHAPTER 5. Powers and Purposes §§ 70150–70151 · 2 sections
ARTICLE 1. Powers Generally §§ 70150–70151 · 2 sections
- § 70150 The district may acquire by purchase, condemnation, gift or other action, drains, canals, sluices, bulkheads, watergates, levees, embankments, pumping plants…
- § 70151 The district may co-operate and contract with the United States, the State of California, or any department or agency of either, in order to accomplish any of…
CHAPTER 6. Financial Provisions §§ 70200–70204 · 5 sections
- § 70200 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 70201 The auditor shall keep all necessary and proper books of account which shall contain all receipts and expenditures with their source and nature. The books and…
- § 70202 All moneys received or collected for or on behalf of the district shall be paid to the treasurer in the same manner as county money is paid to the treasurer.…
- § 70203 The treasurer shall pay out funds only on warrants drawn by the auditor upon district funds in the same manner as county money is paid out. Warrants presented…
- § 70204 Claims for salaries and services shall be sworn and approved by the board of directors before a warrant is drawn for the same.
CHAPTER 7. Taxes §§ 70230–70244 · 12 sections
- § 70230 The board of directors shall avail itself of the equalized assessment roll of the county in which the district is situated, and take such assessments as the…
- § 70231 On or before the third Monday in August each year, the county auditor shall transmit to the board of directors a written statement showing the total value of…
- § 70234 The board of directors shall meet on the first Tuesday after the first Monday of September of each year to determine the rate of tax to be levied for district…
- § 70235 The board shall, after fixing the tax rate, certify the same to the county auditor.
- § 70237 The county auditor shall compute the district tax on the property within the district using the rate of levy so fixed by the board and the assessed value as…
- § 70238 The district taxes shall be collected at the same time and in the same manner as county taxes.
- § 70239 All taxes levied under the provisions of this part shall be a lien on the property on which they are levied. All of the provisions of law, relative to the…
- § 70240 The tax collector shall sell to the district, for the nonpayment of taxes, the property assessed at the same time and in the same manner as property assessed…
- § 70241 All acts of the officials of the district in the levy and collection of district taxes shall be given the same credence and shall have the same presumptions as…
- § 70242 All deeds executed by the officers of the district shall be conclusive as to all recitals contained therein and that all acts required by law have been…
- § 70243 The tax collector shall, when requested, furnish the board a complete list of all delinquent taxes, of the persons owing the same and a certified copy of the…
- § 70244 In the case of a sale of property for taxes or assessments, except where the sale is conducted and the funds are accounted for as provided in Division 1…
CHAPTER 8. Reorganization §§ 70270–70272 · 3 sections
- § 70270 Whenever any district formed under the Protection District Act of 1880 or any other act for the protection of lands from overflow desires to reorganize under…
- § 70271 The original district directors shall be deemed the successors and legal representatives of the district so reorganized.
- § 70272 This reorganization shall in no manner impair any obligation heretofore legally incurred by the reorganized levee district.