PART 1. LOCAL FLOOD CONTROL [8000. - 8201.]
Part 1 added by Stats. 1943, Ch. 369.
§§ 8000–8201 · 67 sections
CHAPTER 1. Flood Control by Cities §§ 8000–8061 · 39 sections
ARTICLE 1. General Provisions §§ 8000–8007 · 8 sections
- § 8000 The provisions of this chapter are intended to be paramount and controlling as to all matters provided for in, and as to all questions arising out of procedure…
- § 8001 As used in this chapter, “works” includes canals, ditches, levees, dikes, embankments, dams, machinery, and other appropriate or ancillary means of…
- § 8002 As used in this chapter, “city” means any city, town, or municipal corporation incorporated under the laws of this State.
- § 8003 As used in this chapter, “city council” includes the legislative body of any city by whatever name it may be designated.
- § 8004 Every publication required by this chapter shall be made in some newspaper published in the city.
- § 8005 Except as otherwise specifically provided, if publication is in a daily paper the publication shall appear in at least 10 issues thereof, and if in a weekly…
- § 8006 No publication shall be deemed to have begun until any required preceding publication has been completed.
- § 8007 A capital improvement project undertaken by a charter city to extend that city’s water, sewer, or storm drain system or similar system to a disadvantaged…
ARTICLE 2. Preliminary Proceedings §§ 8010–8016 · 7 sections
- § 8010 Any city may, pursuant to this chapter, incur indebtedness and liability, although in excess of the income and revenue provided by it for the current fiscal…
- § 8011 The works may be situated within or without the territorial limits of the city.
- § 8012 The city council shall have some competent person make general plans and estimates of the cost of the contemplated works.
- § 8013 The general plans and estimates shall, after adoption, be filed in the office of the clerk of the city, and shall be substantially adhered to thereafter in…
- § 8014 After the filing of the general plans and estimates, and by resolution or ordinance of intention passed at a regular meeting by a vote of two-thirds of all its…
- § 8015 The city council, by the same resolution or ordinance, shall determine, if so advised, that the cost of the works will be too great to be paid out of the…
- § 8016 The resolution or ordinance of intention, shall, after its passage and approval, be published.
ARTICLE 3. Election §§ 8020–8026 · 7 sections
- § 8020 Within one month after the publication of the resolution or ordinance of intention, and by resolution or ordinance passed at a regular meeting by a vote of…
- § 8021 The resolution or ordinance calling the special election shall specify the following: (a) The purpose for which the indebtedness is proposed to be incurred.…
- § 8022 The resolution or ordinance calling the election shall be published.
- § 8023 The city council shall publish, after the publication of the resolution or ordinance calling the election and prior to the day of holding the special election,…
- § 8024 The special election shall be held in the manner provided by law for holding elections in the city.
- § 8025 The votes of two-thirds of all the voters voting at the special election are necessary to authorize the incurring of any indebtedness or the issuance of any…
- § 8026 If two-thirds of all the votes cast at the special election are in favor of the proposition submitted, the city council may, by ordinance reciting the result…
ARTICLE 4. Bonds §§ 8030–8039 · 10 sections
- § 8030 All bonds issued under this chapter shall be serial bonds and of such denominations as the city council determines.
- § 8031 No bond shall be for less than one hundred dollars ($100) nor for more than one thousand dollars ($1,000).
- § 8032 Not less than one-fortieth part of the whole indebtedness evidenced by the whole of the issue of bonds shall be, by the terms of the bonds, made payable each…
- § 8033 Each bond shall be made payable in lawful money of the United States on a day and at a place designated in the bond, with interest at the rate specified in the…
- § 8034 The interest rate shall not exceed 8 percent per annum, and shall be fixed by the city council.
- § 8035 The place of payment shall be either at the office of the treasurer of the city, or at some designated bank in San Francisco, Chicago, or New York.
- § 8036 The bonds shall be executed on the part of the city by the mayor or other executive, and the treasurer, and countersigned by the clerk of the city.
- § 8037 The interest coupons shall be numbered consecutively and signed by the treasurer.
- § 8038 Any of the bonds may be issued and sold by the city council at not less than its face value.
- § 8039 The proceeds of the sale of the bonds shall be deposited in the city treasury to the credit of a designated fund and shall be applied exclusively to the…
ARTICLE 5. Powers of City Council §§ 8050–8054 · 5 sections
- § 8050 The city council of every city in or for which any works are constructed for the purposes specified in this chapter, and for which indebtedness has been…
- § 8051 All contracts for the works shall be let, in such parcels as the city council determines, to the lowest responsible bidder, after notice inviting sealed…
- § 8052 Security or bonds may be required in order to guarantee good faith in bidding and in the performance of contracts, or either, in such amount as the city…
- § 8053 The city council may reject any or all bids.
- § 8054 The city council may, by resolution, require the treasurer of the city to give additional bonds for the safe custody and care of public funds derived under…
ARTICLE 6. Taxation §§ 8060–8061 · 2 sections
- § 8060 The city council, at the time of fixing the general tax levy, and in the manner provided for the general tax levy, shall levy and collect each year for the…
- § 8061 The taxes required by this chapter to be levied and collected shall be in addition to all other taxes levied for municipal purposes, and shall be collected at…
CHAPTER 2. Flood Control in Counties §§ 8100–8129 · 13 sections
ARTICLE 1. General Powers Relating to Flood Control § 8100 · 1 section
- § 8100 Under such limitations and restrictions as are prescribed by law, and in addition to jurisdiction and powers otherwise conferred, the boards of supervisors, in…
ARTICLE 2. Flood Control Work Outside of County §§ 8101–8106 · 6 sections
- § 8101 A board of supervisors may appropriate and expend money from the general or other appropriate funds of the county for the construction of works, improvements,…
- § 8102 Work under this article may be done upon channels, streams or rivers which flow through or lie in more than one county, or where the work is reasonably…
- § 8103 In connection with flood control work under this article, whether done by the county or by any district therein or agency thereof, highways, bridges and other…
- § 8104 The work described in the next preceding section may be done at the expense of the county doing the flood control work, or of any district or agency therein…
- § 8105 Nothing in this article shall be construed to authorize the imposition of any tax or special assessment either by the county or any district in, or agency of,…
- § 8106 Nothing in this article shall be construed to authorize the doing of any work outside the county without the consent of the legislative body of the county in…
ARTICLE 3. County Flood Control Districts § 8110 · 1 section
- § 8110 The board of supervisors may provide by ordinance for the organization and government of districts for the following purposes: (a) To protect and preserve the…
ARTICLE 4. Improvement of Non-Navigable Streams §§ 8125–8129 · 5 sections
- § 8125 “Non-navigable streams,” as used in this article, means streams and washes in a county which are not declared by law to be navigable and which are not in fact…
- § 8126 The board of supervisors may provide for widening, deepening, straightening, removing obstructions from, and otherwise improving non-navigable streams the…
- § 8127 The board may make regulations for the use of the streams and the repair and control of the works.
- § 8128 No regulations of the board nor improvements directed by it to be made shall in any manner interfere with the private rights or privileges of riparian owners,…
- § 8129 Whenever, in the opinion of the board of supervisors, the general fund is insufficient to defray the cost of the improvements provided for under this article,…
CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts §§ 8150–8165 · 13 sections
ARTICLE 1. General Provisions §§ 8150–8152 · 3 sections
- § 8150 As used in this chapter, “drainage improvement” means any storm drain improvement, drainage improvement, or drainage system, authorized to be transferred…
- § 8151 As used in this chapter, “date of transfer” means (a) the date of the resolution of the governing body of a flood control district accepting any drainage…
- § 8152 As used in this chapter “city” includes city and county, and “county” does not include city and county.
ARTICLE 2. Transfers by Counties §§ 8155–8158 · 4 sections
- § 8155 Drainage improvements authorized to be transferred and conveyed by this article are those which lie within the territorial limits of the flood control district…
- § 8156 Any county within the limits of which there are drainage improvements within any of the classes mentioned in Section 8155 may, by a four-fifths vote of the…
- § 8157 The flood control district to which such drainage improvements are transferred shall, upon acceptance of such transfer by four-fifths vote of the members of…
- § 8158 From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing…
ARTICLE 3. Transfers by Cities §§ 8160–8164 · 5 sections
- § 8160 Any city within the limits of which any drainage improvement has been constructed, and which drainage improvement also lies within the territorial limits of a…
- § 8161 Thereupon the flood control district shall assume and provide for the operation, maintenance, repair, and improvement of such drainage improvements.
- § 8162 From and after the date of transfer such flood control district is solely liable for the payment of the principal upon the general obligation bonds of any such…
- § 8163 From and after the date of transfer no tax shall be levied upon the lands within any such drainage district for the payment of the subsequently maturing…
- § 8164 The proceeds of the collection of such drainage district taxes and assessments shall be applied solely and exclusively to the payment of the principal and…
ARTICLE 4. Cancellation and Refund of Assessments § 8165 · 1 section
- § 8165 The legislative body of the county or city which conducted the proceedings for the organization of such drainage improvement districts may do all of the…
CHAPTER 4. Local Plans of Flood Protection §§ 8200–8201 · 2 sections