PART 5. RECLAMATION BOARD BOND ACT [9250. - 9577.]
Part 5 added by Stats. 1943, Ch. 369.
§§ 9250–9577 · 183 sections
CHAPTER 1. Definitions §§ 9250–9252 · 3 sections
CHAPTER 2. General Provisions §§ 9260–9266 · 7 sections
- § 9260 Whenever any assessment levied by the board upon lands within the drainage district has been completed and all of the hearings before the board in regard…
- § 9261 If the board by its order determines to issue bonds, the subsequent proceedings in the matter of the assessment and the collection thereof and all other…
- § 9262 If the board determines that it is best to issue bonds, the original assessment lists shall not be deposited in the offices of the respective county treasurers…
- § 9263 With the money received from the sale of bonds, the board as the managing body of the drainage district shall proceed with the construction and completion or…
- § 9264 No officer shall charge or receive any fee for any services required to be performed by him under the provisions of this part.
- § 9265 Any reasonable and necessary expense actually incurred by any officer in carrying out any of the provisions of this part relating in any manner to the…
- § 9266 If the board or any member, officer, appointee, or employee thereof or any public officer mentioned or referred to in this part fails to perform any duties…
CHAPTER 3. Validating Proceedings §§ 9275–9282 · 8 sections
- § 9275 If the board determines, pursuant to the provisions of this part, that bonds should be issued, an action to determine the validity of the assessment may be…
- § 9276 No objection to the assessment shall be considered by the court unless the objection has been made in writing to the board as provided in Part 4 of this…
- § 9277 The judgment shall refer to the assessment apportioned to each county separately and it shall be sufficient to refer to the portions of the assessment which…
- § 9278 Unless the aggregate amount of the whole of the assessment is modified or amended by the judgment in the proceedings so as to cause a difference of more than…
- § 9279 The assessment lists, unless annulled by the judgment in the judicial proceeding, embracing any modifications made by the judgment are conclusive evidence that…
- § 9280 A certified copy of the judgment referring to the assessment lists shall be filed in the office of the board.
- § 9281 A certified copy of so much of the judgment as relates to the lands in each of the counties affected thereby shall be affixed to the original assessment list…
- § 9282 The assessment lists as amended or modified shall be certified by the secretary or assistant secretary of the board as being in conformity with the…
CHAPTER 4. Assessments §§ 9305–9320 · 16 sections
- § 9305 In the event that the assessment is annulled as a whole by the judicial proceeding, the board shall cause a new assessment to be made as provided in Part 4 of…
- § 9306 When, if necesssary, the assessment lists have been modified and amended to conform to the requirements of the judgment and have been certified as provided in…
- § 9307 Each county treasurer shall indorse on the assessment list the time to the hour and minute when it was so filed in his office.
- § 9308 From the time of filing as provided in the next preceding section the assessment constitutes a lien upon the lands in the county so assessed and imparts notice…
- § 9309 At any time within 30 days after the assessment list is filed in the office of the county treasurer as provided in Section 9307, the whole amount of the…
- § 9310 Upon such payment the county treasurer shall issue his receipt and indorse the fact and date of payment upon the assessment list, and thereupon the lien of the…
- § 9311 The report of payment of the assessment shall be made by the county treasurer at once to the secretary of the board.
- § 9312 The amount of assessments received by the county treasurer shall, within 30 days after receipt thereof by him, be deposited by him with the State Treasurer.
- § 9313 The State Treasurer shall credit the amount of assessments received by him to the construction fund of the assessment.
- § 9314 All assessments not paid in full within the 30-day period bear interest thereafter at the rate of 7 per cent per annum.
- § 9315 If the amounts raised by means of the assesssment as provided in this part prove insufficient to pay in full all of the bonds and the interest thereon, the…
- § 9316 The supplemental assessment shall be levied by resolution of the board entered in its minutes.
- § 9317 The board need not appoint assessors nor prepare new or additional assessment lists for any supplemental assessment, but the assessment shall be levied and…
- § 9318 The board shall, for the purpose of collecting the supplemental assessment, prepare and certify to the county treasurers of the several counties annual…
- § 9319 The supplemental assessment shall be collected by the county treasurers, and the same percentages, penalties and costs added for delinquency and the same…
- § 9320 All money collected for or on account of any supplemental assessment shall be paid over to the State Treasurer in the manner provided in this part, and…
CHAPTER 5. Bond Elections §§ 9330–9389 · 41 sections
ARTICLE 1. In General §§ 9330–9345 · 16 sections
- § 9330 Upon the expiration of the 30-day period mentioned in Chapter 4 of this part, an election shall be called and held by the board in that part of the drainage…
- § 9331 The unpaid amount shall be entered by the board in its records and stated by the board in its order for the election and the order for the election shall be…
- § 9332 At the election the owner of each tract of land assessed in and by the assessment, upon which the assessment has not been paid as provided in Chapter 4 of this…
- § 9333 In case there is more than one owner of any tract of land separately assessed in and by the assessment, all of the owners shall unite in the ballot to be cast…
- § 9334 Guardians, conservators, executors, administrators and other persons holding land in a trust capacity under appointment of court may vote at the election…
- § 9335 The vote of any public or private corporation or of any reclamation district, levee district, drainage district or other public agency entitled to vote at the…
- § 9336 The authorization shall be in writing and certified to by the secretary or clerk of the district or public agency and attested by its seal duly acknowledged…
- § 9337 No person shall vote by proxy at the election unless authority to vote is evidenced by an instrument in writing duly executed, acknowledged and certified in…
- § 9338 In case of change of ownership of any tract of land, or in case the name of the owner of any tract of land is not correctly stated in the voting list, or in…
- § 9339 If the right of any person to vote as the owner of any such tract of land is disputed or challenged, the question of his right to vote shall be determined by…
- § 9340 The oath may be administered by any member of the board of election.
- § 9341 Any person testifying falsely upon such examination is guilty of perjury.
- § 9342 Any person voting or attempting to vote at the election who is not entitled to vote at it, as provided in this part, is subject to the same penalties and…
- § 9343 For the purpose of determining the “reference number” of each tract separately assessed upon the assessment lists, the board shall, before preparing the voting…
- § 9344 If the result of the election provided for in this chapter is against the issuance of bonds, then the assessment, or that portion thereof involved in and…
- § 9345 All subsequent proceedings in regard to the assessment shall be conducted as provided in Part 4 of this division and without any further reference to the…
ARTICLE 2. Polling Places, Notices and Board of Election §§ 9355–9369 · 15 sections
- § 9355 The board shall, in its order providing for the election, specify the day on which the election is to be held and shall specify and designate one or more…
- § 9356 In case the board considers it necessary or proper to provide more than one polling place in any supervisor district for the holding of the election, the board…
- § 9357 The board shall designate and provide one polling place within each voting district at which shall be cast the votes of the owners of land within the voting…
- § 9358 The board may combine contiguous portions of different supervisor districts into one voting district in cases where the lands in the voting district are not…
- § 9359 The board shall in the order providing the election, appoint a board of election for each polling place.
- § 9360 The board of election shall consist of three owners of land assessed in and by the assessment and situated within the voting district where the polling place…
- § 9361 Each member of the board of election, whether appointed by the board or whether acting as a substitute as provided in this part, is entitled to the sum of five…
- § 9362 The compensation of the election officers shall be paid by the board out of any funds of the drainage district or of the board applicable thereto.
- § 9363 If any person appointed as a member of the board of election fails to attend at the opening of the polls, the voters then present at the polling place may…
- § 9364 Each member of the board of election before entering upon the discharge of his duties shall take and subscribe an official oath, which may be administered by…
- § 9365 The oath shall be to the effect that he will support the Constitution of the United States and the Constitution of the State and that he will faithfully…
- § 9366 Notice of the election shall be given by the board by posting notices thereof in at least three public places in each voting district at least 21 days prior to…
- § 9367 The notice shall specify the time and place of holding the election, the aggregate face value of bonds proposed to be issued, and the names of the persons…
- § 9368 Affidavits of publication and posting of the notices shall be filed with the county elections official of the county in which the notices have been posted or…
- § 9369 Duplicate original affidavits of publication and posting of the notice, shall be filed in the office of the board.
ARTICLE 3. Voting Lists and Ballots §§ 9375–9379 · 5 sections
- § 9375 The board shall, prior to the election, cause to be prepared and certified by its secretary or assistant secretary, and furnished to the board of election in…
- § 9376 The voting list shall be used by the board of election in determining the right to vote and the number of votes to be cast by each voter, and shall be…
- § 9377 The ballot cast at the election shall contain the words “Bonds—Yes,” or the words “Bonds—No,” and also the signature of the person casting the ballot, with the…
- § 9378 A ballot cast by proxy shall contain the name of the landowner for whom the ballot is cast and the signature of the person casting the vote as proxy.
- § 9379 A list of the ballots cast shall be made by the board of election, containing the name of each voter, and if the ballot is cast by proxy, the name of the…
ARTICLE 4. Canvass and Contest §§ 9385–9389 · 5 sections
- § 9385 The polls at each polling place for the election shall be kept open from 9 o'clock in the forenoon until 5 o'clock in the afternoon of the day appointed for…
- § 9386 At the close of the polls the board of election shall deliver to the elections official all ballots, voting lists, lists of ballots cast at the election, and…
- § 9387 The board shall examine and canvass the certificates received from the boards of election, and shall determine therefrom and declare, and enter in its minutes…
- § 9388 Any person interested may within 10 days after the result of the election has been determined and declared by the board, contest the election so far and to…
- § 9389 If no contest is commenced within the time mentioned in the next preceding section, the declaration of the result by the board is final and conclusive.
CHAPTER 6. Bonds §§ 9395–9527 · 79 sections
ARTICLE 1. In General §§ 9395–9405 · 11 sections
- § 9395 If a majority of the votes cast at the bond election are in favor of the issuance of bonds, the board shall cause bonds of the drainage district, in the amount…
- § 9396 The bonds shall be of the denomination of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) each.
- § 9397 The bonds shall be signed by the president of the board, attested by its secretary with the seal of the board affixed thereto, numbered consecutively in the…
- § 9398 The bonds shall bear interest at a rate to be fixed by the order of the board for issuance of the bonds not to exceed 6 per cent per annum payable semiannually…
- § 9399 Coupons for each installment of interest shall be attached to the bonds and shall bear the facsimile signature of the Controller.
- § 9400 Whenever any of the bonds are sold or delivered by the State Treasurer either to a purchaser thereof or upon an order from the board payable in such bonds, the…
- § 9401 The State Treasurer shall certify and deliver to the board or its secretary a list of bonds sold or delivered, showing the serial numbers, denominations, date…
- § 9402 The State Treasurer shall certify and deliver to the board or its secretary, whenever requested, a statement of all bonds and coupons for interest thereon paid…
- § 9403 The bonds of the drainage district issued pursuant to this part which are investigated and approved by any commission or officer authorized by any law of this…
- § 9404 If within one year from the time bonds are authorized to be issued as provided in this part, the bonds are not sold or disposed of, the board may at its…
- § 9405 The board may thereafter call for the payment of the assessment in such installments from time to time as it shall determine and as provided in Part 4 of this…
ARTICLE 2. Form of Bond §§ 9410–9411 · 2 sections
- § 9410 The bonds may be substantially in the following form: UNITED STATES OF AMERICA No. _________ STATE OF CALIFORNIA $ __________ SACRAMENTO AND SAN JOAQUIN…
- § 9411 The interest coupons may be substantially in the following form: No. $ The Treasurer of the State of California will pay to the holder hereof on the ____ day…
ARTICLE 3. Validating Proceedings § 9415 · 1 section
- § 9415 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
ARTICLE 4. Sale of Bonds §§ 9440–9450 · 11 sections
- § 9440 The State Treasurer shall receive and place the bonds to the credit of the drainage district, and shall when and as directed by the board sell any of the bonds…
- § 9441 The bonds shall not be sold for less than 95 per cent of their face value and the accrued interest thereon.
- § 9442 Before making a sale of any of the bonds, notice shall be given by the State Treasurer that he will sell a specified amount of the bonds, stating the day, hour…
- § 9443 The notice shall state that sealed proposals will be received by him for the purchase of the bonds or any part thereof at the day and hour named in the notice.
- § 9444 The notice shall be given by publication once a week for three successive weeks in a newspaper of general circulation published in the City of Sacramento.
- § 9445 At the time and place appointed in the notice the State Treasurer shall open the bids and shall award the purchase of the bonds or any part thereof to the…
- § 9446 If the highest bid is not equal to par and accrued interest the State Treasurer shall notify the board of the amounts of the highest bids received, and reject…
- § 9447 At any time before all the bonds held by the State Treasurer have been sold by him, the board may: (a) Draw upon the State Treasurer for, and issue and deliver…
- § 9448 In making payments in bonds, the board shall draw orders upon the State Treasurer payable in bonds to the amount therein named.
- § 9449 The orders shall be countersigned by the Controller and shall be paid with bonds by the State Treasurer upon presentation to the amount therein provided for.
- § 9450 In drawing any order upon the State Treasurer payable in bonds, the board may specify the maturity of the bonds which are to be delivered in compliance with…
ARTICLE 5. Payment of Principal, Interest and Redemption §§ 9455–9461 · 7 sections
- § 9455 The principal of the bonds shall, by an order of the board entered in its minutes, be made payable on the first day of July or the first day of January and in…
- § 9456 Not less than 10 per cent of the aggregate face value of the bonds shall be payable within 10 years from their date, and not less than 9 per cent of the…
- § 9457 The board may call and redeem in their numerical order such an amount of the bonds as it may see fit on any interest date subsequent to the first day of July,…
- § 9458 To effect such redemption, the board shall cause to be published once each week for two successive weeks, in a newspaper published in the City of Sacramento, a…
- § 9459 Out of the bond fund of the assessment the State Treasurer shall, on presentation at or after its maturity, pay the holder of each bond or interest coupon…
- § 9460 If any bond or interest coupon has not been presented to the State Treasurer for payment when it becomes due, it shall cease to bear interest, but if presented…
- § 9461 The indorsed bond or coupon shall bear interest at the rate expressed in the bond until paid or until funds have been provided in the State Treasury applicable…
ARTICLE 6. Funds and Warrants §§ 9465–9478 · 14 sections
- § 9465 The money derived from the sale of any of the bonds shall be received by the State Treasurer and placed to the credit of the following funds in the following…
- § 9466 Whenever the drainage district has any money in the bond fund of any assessment which money is not immediately required for the purpose of paying principal or…
- § 9467 The investment may be made by the board by direct purchase of the bonds from time to time and in such manner as it determines and at such price or prices as it…
- § 9468 Any bonds purchased pursuant to the provisions of this article, and held in the bond fund may from time to time be sold and the proceeds temporarily reinvested…
- § 9469 Sales of any bonds purchased and held in the bond fund shall from time to time be made so that the proceeds may be applied to the purpose for which the bond…
- § 9470 Any bonds purchased pursuant to the provisions of this article, may be delivered to the State Treasurer for cancellation and the bonds shall thereupon be…
- § 9471 The bond fund of each assessment shall be held by the State Treasurer and shall be applied by him toward the payment of the bonds and coupons thereon based…
- § 9472 If any balance remains in the bond fund of the assessment after payment in full of the principal and interest of all outstanding bonds issued upon the…
- § 9473 The balance may be distributed by the board to the owners or other persons interested in the lands.
- § 9474 The board shall from time to time when necessary, present its written request to the Controller for the issuance of warrants for the purpose of paying the cost…
- § 9475 The board’s request shall specify the amount of the warrant and the name of the payee thereof and upon receipt of the request the Controller shall draw his…
- § 9476 The State Treasurer shall pay the warrants or make delivery of the bonds as provided in this part.
- § 9477 Warrants issued by the Controller and payable out of the assessment as provided by Part 4 of this division shall be paid by the State Treasurer out of and only…
- § 9478 No warrant issued pursuant to any of the provisions of this part or of Part 4 of this division shall be accepted or received by the county treasurer in payment…
ARTICLE 7. Annual Installments §§ 9485–9497 · 13 sections
- § 9485 Upon the sale of any of the bonds of the drainage district based upon any assessment levied by the board, as provided by this part, the board shall annually…
- § 9486 The board may also in the order fix and determine upon such additional sum as the board deems proper to be collected to provide a sinking fund for the…
- § 9487 Immediately upon making the order the board shall prepare in duplicate, retaining one original, and causing the other original to be certified by its secretary…
- § 9488 To the assessment referred to in the preceding section shall be added and collected an additional amount of 15 per cent of the amount to cover possible…
- § 9489 The statement provided for in Section 9487 shall also include, and there shall be added and collected, such additional sum as the board in its order may have…
- § 9490 The amount necessary to pay the interest and principal, or either, falling due, together with the additional 15 per cent of that amount and the amount for…
- § 9491 Unless otherwise determined by the board or by an order entered in its minutes, a copy of which duly certified shall be transmitted to the county treasurer of…
- § 9492 For convenience in entering payments of the installment for bonds, the board shall furnish to the county treasurer of each county affected, an annual…
- § 9493 The list shall contain appropriate columns for the entry of payments, sales and redemptions.
- § 9494 The county treasurer shall enter on the annual collection list in the proper column the following: (a) All payments, with date of payment. (b) The word “sold”…
- § 9495 The county treasurer shall make a report to the board as often as requested of all entries made by him on the collection list.
- § 9496 When either portion of any installment for bonds becomes delinquent, a penalty of one dollar ($1) together with 20 per cent of the amount of the installment on…
- § 9497 All money collected by the several county treasurers upon the installment for bonds or for the penalty thereon in case of delinquency shall, within 30 days…
ARTICLE 8. Bond Record §§ 9505–9506 · 2 sections
- § 9505 The board shall maintain in its office and open to public inspection at all reasonable times during office hours, a book or books to be known as the bond…
- § 9506 In case there are several bond issues under this part based upon several different assessments all of the proceedings, records and transactions of every kind…
ARTICLE 9. Refunding Bonds §§ 9510–9527 · 18 sections
- § 9510 The board may, by resolution entered in its minutes, order the refunding of the whole or any part of the principal of any bond issue now or hereafter…
- § 9511 Refunding bonds may be issued for the purpose, and when issued their proceeds may be used to refund outstanding bonds either as they mature or to call and…
- § 9512 The resolution ordering refunding of bonds shall designate the numbers, denominations, dates of maturity and aggregate principal amounts of the bonds to be…
- § 9513 Refunding bonds shall mature serially in amounts to be fixed by the board in its resolution.
- § 9514 The payment of the refunding bonds shall begin not later than five years from the date thereof and shall be completed in not more than 25 years from the date…
- § 9515 The refunding bonds, together with interest thereon, shall be payable at the office of the State Treasurer.
- § 9516 Refunding bonds shall be issued in such denominations as the board may determine except that no bonds shall be of a denomination of less than one hundred…
- § 9517 The refunding bonds shall be signed by the president of the board or such other member of the board as the board may by resolution designate and shall be…
- § 9518 The interest coupons of the refunding bonds shall be numbered consecutively and signed by the secretary of the board by his engraved or lithographed signature.
- § 9519 In case any officer whose signature or countersignature appears on the refunding bonds or coupons ceases to be such officer before the delivery of the bonds to…
- § 9520 The refunding bonds may be issued and sold by the board as it may determine but for not less than their par value and accrued interest thereon.
- § 9521 The proceeds of the refunding bonds shall be placed in the State Treasury to the credit of the drainage district in the bond fund of the assessment upon which…
- § 9522 The proceeds may also be used to defray the expenses of refinancing the obligations.
- § 9523 The principal and interest of the refunding bonds shall be based upon, secured by and payable out of the assessment or assessments upon which the bonds…
- § 9524 Upon the sale of any of the refunding bonds, installments of the assessment upon which the bonds are based shall be called and collected and the installments…
- § 9525 The refunding bonds or any part thereof when sold may be called and redeemed by the board in the manner provided by Chapter 6 of this part.
- § 9526 The refunding bonds issued by the drainage district pursuant to this part shall be legal investments for all trust funds and for the funds of all insurance…
- § 9527 Whenever bonds of cities, cities and counties, counties or school districts may by law be issued as security for the performance of any act or as security for…
CHAPTER 7. Sale of Land for Delinquent Installments §§ 9535–9577 · 29 sections
ARTICLE 1. Notice and Sale §§ 9535–9544 · 10 sections
- § 9535 If both portions of the installments, levied pursuant to Chapter 6 of this part, are not paid before the last Monday in April at 6 o'clock p.m., the board…
- § 9536 The notice shall contain the following: (a) A description of each parcel of land assessed within the county whereon an installment or installments are…
- § 9537 The sale shall be held not less than 30 days nor more than 90 days from the date of delinquency.
- § 9538 At the time and place stated in the notice the county treasurer shall sell each parcel of land described in the notice to the highest bidder unless prior…
- § 9539 No bid for any parcel shall be accepted less than the aggregate sum then due for the installment or installments thereon, together with the penalty, except…
- § 9540 Any bonds or coupons so received in payment shall be canceled by the county treasurer and transmitted to the State Treasurer.
- § 9541 If the entire amount of any bond or coupon tendered in payment is not required to complete payment of the purchase money, the county treasurer shall indorse…
- § 9542 The bond fund of the assessment shall be credited with the amount of purchase money paid in bonds or coupons on delinquent sales, and of all sums indorsed as…
- § 9543 The county treasurer shall execute to each purchaser at the delinquent sale including the drainage district, a certificate of sale, which shall be recorded by…
- § 9544 The county treasurer may if directed by the board postpone the delinquent sale from time to time for not less than 10 nor more than 30 days by a written notice…
ARTICLE 2. Purchase and Sale of Land by the Drainage District §§ 9550–9558 · 9 sections
- § 9550 If no bid is made for any parcel at the delinquent sale equal to the amount of installment or installments delinquent thereon, including the penalty, the…
- § 9551 Any parcel of land bid in and purchased by the drainage district at the delinquent sale shall be held in trust for the bond fund of the assessment upon which…
- § 9552 Payment for the land purchased under the next preceding section may be made by the purchaser either in cash or matured bonds and coupons issued upon assessment…
- § 9553 The board shall execute a deed to the purchaser at the sale conveying the property, free of encumbrances except State, county and other municipal taxes,…
- § 9554 The purchase price received in cash shall be paid by the board to the State Treasurer and any bonds or coupons received in payment by the board shall be…
- § 9555 All such money paid over and the canceled bonds or coupons delivered to the State Treasurer shall be credited to the bond fund of the assessment.
- § 9556 If any land held by the drainage district, pursuant to the provisions of this chapter, remains unsold after the final installment of the assessment has been…
- § 9557 The board shall execute to the purchaser a conveyance of the land free of incumbrances except State, county and municipal taxes, and assessments levied or…
- § 9558 The board shall deposit the proceeds of the sale with the State Treasurer to the credit of the bond fund of the assessment.
ARTICLE 3. Redemption and Conveyancing of Lands §§ 9565–9571 · 7 sections
- § 9565 Any person interested in any tract of land sold at a delinquent sale, made pursuant to the provisions of this chapter, may redeem the tract of land at any time…
- § 9566 If no redemption is made within one year the board upon demand and the surrender of the certificate of purchase and the delivery of a certificate of the county…
- § 9567 The deed shall convey to the grantee therein named the land free and clear of all encumbrances except State, county and municipal taxes, assessments levied or…
- § 9568 Each installment of the encumbrances mentioned in the preceding section may be called and collected as provided by law.
- § 9569 No parcel sold and conveyed to the drainage district shall thereafter, until redeemed or until sold and disposed of by the board, be subject to sale by the…
- § 9570 Every deed by the board purporting to be executed under this chapter shall be prima facie evidence of the truth of the matters therein recited and of ownership…
- § 9571 All deeds required by this chapter to be executed by the board may be executed by the president and secretary thereof on behalf of the board.
ARTICLE 4. Disposition of Proceeds §§ 9575–9577 · 3 sections
- § 9575 Out of the proceeds of a delinquent sale, made pursuant to the provisions of this chapter, the county treasurer shall transmit to the State Treasurer the…
- § 9576 The State Treasurer shall place the amount to the credit of the bond fund of the drainage district for the particular bond issue upon the assessment.
- § 9577 The county treasurer shall pay to the owner of the property any surplus remaining after the payment to the State Treasurer.