Water Code - Division 5: Chapter 3 of Part 1: Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts (secs. 8150 - 8165)

WATER CODE - WAT DIVISION 5. FLOOD CONTROL [8000 - 9651] ( Division 5 added by Stats. 1943, Ch. 369. ) PART 1. LOCAL FLOOD CONTROL [8000 - 8201] ( Part 1 added by Stats. 1943, Ch. 369. ) CHAPTER 3. Transfer of Storm Drain Improvements, Drainage Improvements, and Drainage Systems to Flood Control Districts [8150 - 8165] ( Chapter 3 added by Stats. 1953, Ch. 138. ) ARTICLE 1. General Provisions [8150 - 8152] ( Article 1 added by Stats. 1953, Ch. 138. ) 8150. As used in this chapter, “drainage improvement” means any storm drain improvement, drainage improvement, or drainage system, authorized to be transferred pursuant to this chapter. (Added by Stats. 1953, Ch. 138.) 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 improvement transferred to it by a county as provided in Article 2 of this chapter, and (b) the date of the resolution, order, or ordinance of the legislative body of any city transferring and conveying any drainage improvement to the flood control district pursuant to Article 3 of this chapter. (Added by Stats. 1953, Ch. 138.) 8152. As used in this chapter “city” includes city and county, and “county” does not include city and county. (Added by Stats. 1953, Ch. 138.) ARTICLE 2. Transfers by Counties [8155 - 8158] ( Article 2 added by Stats. 1953, Ch. 138. ) 8155. javascript:submitCodesValues('8150.','6.1.3.1','1953','138','',%20'id 21c3314e-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8151.','6.1.3.1','1953','138','',%20'id 21c33150-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8152.','6.1.3.1','1953','138','',%20'id 21c4b7f2-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8155.','6.1.3.2','1953','138','',%20'id 21c4b7f6-2921-11d9-a6d8-d26807e29bc0') Drainage improvements authorized to be transferred and conveyed by this article are those which lie within the territorial limits of the flood control district to which they are conveyed, and are included in one or all of the following classes: (a) Those which were constructed under the jurisdiction, control, or supervision of the board of supervisors of the county, and which are under the jurisdiction of the board. (b) Those which were constructed by or for the county or any drainage district or flood control district in such county. (c) Those constructed pursuant to the provisions of an act entitled “An act to promote the drainage of wet, swamp and overflowed lands, and to promote the public health in communities in which they lie,” approved March 21, 1903, as amended, and those which have been constructed pursuant to the provisions of the Drainage District Improvement Act of 1919, as amended, prior to January 1, 1937. (d) Those within any city in such county whose legislative body has transferred and conveyed such drainage improvements to a flood control district, pursuant to Article 3 of this chapter. (Added by Stats. 1953, Ch. 138.) 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 members of the board of supervisors, transfer and convey all, but not less than all, of the drainage improvements in the county and within such classes to any flood control district in the county. The flood control district shall thereupon assume sole control and jurisdiction over such drainage improvements. (Added by Stats. 1953, Ch. 138.) 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 the governing body of the district, assume and provide for the operation, maintenance, and repair thereof, and thereupon be and become solely liable for the payment of the principal upon the bonds of any drainage improvement district, including bonds of districts secured by and payable out of a fund derived from specific or direct assessments which are a lien against particular parcels of land issued pursuant to the Drainage District Improvement Act of 1919, maturing subsequent to the date of such conveyance and transfer and for the payment of javascript:submitCodesValues('8156.','6.1.3.2','1953','138','',%20'id 21c4b7f8-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8157.','6.1.3.2','1953','138','',%20'id 21c63e9a-2921-11d9-a6d8-d26807e29bc0') the interest upon the bonded debt of such drainage district represented by coupons maturing subsequent to the date of transfer. (Added by Stats. 1953, Ch. 138.) 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 principal and interest upon bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage district or districts shall be and remain liable for the payment of all of the following: (a) All previously maturing principal and interest. (b) All levies of drainage district taxes theretofore levied. (c) All installments of specific or direct assessments theretofore due or delinquent. 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 interest for which they were levied, and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of the flood control district and used solely and exclusively for the payment of principal and interest of the bonds of the flood control district. (Added by Stats. 1953, Ch. 138.) ARTICLE 3. Transfers by Cities [8160 - 8164] ( Article 3 added by Stats. 1953, Ch. 138. ) 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 flood control district, may, by four-fifths vote of the legislative body of the city, transfer and convey to the flood control district any drainage improvement; and, if drainage improvements have been conveyed to and accepted by a flood control district under the provisions of Article 2 of this chapter, such flood control district shall accept any drainage improvements conveyed to it by any city under this article. (Added by Stats. 1953, Ch. 138.) 8161. javascript:submitCodesValues('8158.','6.1.3.2','1953','138','',%20'id 21c63e9c-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8160.','6.1.3.3','1953','138','',%20'id 21c63ea0-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8161.','6.1.3.3','1953','138','',%20'id 21c63ea2-2921-11d9-a6d8-d26807e29bc0') Thereupon the flood control district shall assume and provide for the operation, maintenance, repair, and improvement of such drainage improvements. (Added by Stats. 1953, Ch. 138.) 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 drainage improvement district and upon bonds of such district secured by and payable out of a fund derived from specific or direct assessments which are a lien upon particular parcels of land, issued pursuant to the Improvement Bond Act of 1915, and for the payment of interest upon the bonded debt of any such drainage district represented by coupons maturing subsequent to the date of transfer. (Added by Stats. 1953, Ch. 138.) 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 principal and interest upon the bonds of such district, except such levy as may be made by the flood control district. However, the lands within such drainage distict or districts shall be and remain liable for the payment of all of the following: (a) All previously maturing principal and interest. (b) All levies of drainage district taxes theretofore levied. (c) All installments of specific assessments securing such bonds which are payable or delinquent at the date of transfer. (Added by Stats. 1953, Ch. 138.) 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 interest for which they were levied and the surplus, if any, of the proceeds of such collections shall be deposited in the county treasury to the credit of the interest and sinking fund of such flood control district and used solely and exclusively for the payment of principal and interest of the bonds of such flood control district. (Added by Stats. 1953, Ch. 138.) javascript:submitCodesValues('8162.','6.1.3.3','1953','138','',%20'id 21c7c544-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8163.','6.1.3.3','1953','138','',%20'id 21c7c546-2921-11d9-a6d8-d26807e29bc0') javascript:submitCodesValues('8164.','6.1.3.3','1953','138','',%20'id 21c7c548-2921-11d9-a6d8-d26807e29bc0') ARTICLE 4. Cancellation and Refund of Assessments [8165- 8165.] ( Article 4 added by Stats. 1953, Ch. 138. ) 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 following: (a) Order the cancellation of any special assessment district tax levied upon property within such special assessment districts subsequent to the date of transfer and any unpaid installments of specific or direct assessments becoming due or delinquent subsequent to the date of transfer. (b) Refund and adjust all payments made upon such installments becoming due or delinquent subsequent to the date of transfer. (c) Cancel any and all installments of specific or direct assessments levied to retire bonds issued under the Improvement Bond Act of 1915, due or delinquent prior to the date of transfer in any case in which the principal and interest upon such bonds maturing prior to the date of transfer have been paid and the bonds so matured have been canceled and retired. (Added by Stats. 1953, Ch. 138.) javascript:submitCodesValues('8165.','6.1.3.4','1953','138','',%20'id 21c7c54c-2921-11d9-a6d8-d26807e29bc0')