Flood Control Act

WATER CODE APPENDIX

105-1 Repealed

105-1.5 Title

*105-2 Creation; name; boundaries; District (Effective 6-1-85)

105-3 Definitions

*105-4 Zones (Effective 6-1-85)

105-5 Objects and purposes

105-6 Nature of District; powers

105-7 Supervisors; compensation of members; powers and duties of Board; ordinances,

resolutions, etc.

*105-8 Officers

105-9 Administrative regulations; employees

105-10 Engineers; duties; contents of reports

*105-11 Zone commission; meetings; duties

*105-12 Appointment of commission (Repealed)

*105-13 Establishment of subzones or participating subzones

*105-14 Institution of projects or works of improvement; resolution;

notice of hearing

*105-15 Protests

*105-16 Ad valorem taxes or assessments; powers of Board; purposes; limitation; use

*105-17 Fees and charges

105-18 Bonded indebtedness; resolution; special bond election; ordinance

105-19 Form of bonds and coupons; payment; series bonds; maturity; issuance; denominations 105-20 Sale of bonds; deposit of proceeds; use

105-21 Payment of bonds; liability of zone for bonded indebtedness of other zones

105-22 Taxes or assessments for payment of bond principal and interest

105-23 Applicability of general tax laws; liability of officers; exemption of property

105-24 Applicability of District Investigation Law of 1933

105-25 Bonds; legal investments

105-26 Bonds; exemption from taxation; reclamation district

105-27 Additional bonds

105-28 Failure of bond proposition; limitation on calling subsequent election

105-29 Effect of repeal or amendment of act

105-30 Refunding bonds

105-31 Project benefiting entire District; issuance of bonds; manner

105-32 Special assessments or increase in tax rate

*105-33 Repealed

105-34 Changes in proposed project or work of improvement

105-35 Use of revenues from investments to pay principal and interest

105-36 Special tax to raise funds to make payments under cooperative contracts

105-37 Conduct of elections

105-38 Right of way over public lands

105-39 Acquisition of property by agreements, or condemnation

105-40 Claims for money or damages; law governing

105-41 Proceeding to determine legality of District

105-42 Performance bonds

105-43 Title to property

105-44 Advisory services

*105-45 Annexation of territory

105-46 Applicability of District Reorganization Act of 1965

105-47 Liberal construction

105-43 Partial invalidity

*105-49 City detachments and impounds

*105-50 Effective date of boundary change

*105-51 Transfer of title to cities

*Sections changed by Chapter 912, 1984 Legislative Session

 

Chapter 105. San Diego County Flood Control District Act (1985 amendments)

Section

105-1 Repealed

SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ACT
(amended - 1985)

§ 105-1 Repeal

Section 1. The San Diego County Flood Control District Act (Chapter 1372 of the Statutes of 1945)¹ is repealed. (Stats. 1960', 1st Ex. Sess., c. 55, p.___ § 1.)

§ 105-2 Creation; name; boundaries; District

Section 2. A flood control district is hereby created to be called the San Diego County Flood Control District. The District shall consist of all of the unincorporated territory of the County of San Diego lying within the exterior boundaries of the County on July 1, 1985. Areas that are thereafter incorporated or annexed to a city may be annexed to the District as cooperating territory as provided in Section 45.

§ 105-3 Definitions

Section 3. Whenever in this act the following terms are used, 'they shall have the meaning respectively ascribed to them in this section unless the context in which they are used requires otherwise.

1. "Board" and "Board of Directors" means the Board of Directors of theSan Diego
County Flood Control District.
2. "County" means the County of San Diego.
3. "District" means the San Diego County Flood Control District.
4. "Person" means and includes one or more individuals, associations orcorporations, or any combination of these.

§ 105-4 Zones

Section 4. The District may be divided into zones and subzones in accordance with Section 13.

§ 105-5 Objects and purposes

Section 5. The objects and purposes of this act are to provide for the control of the flood and storm waters of the District, and the flood and storm waters thereof flow into the District, and to conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing such waters to percolate into the soil strata or to save or conserve in any manner all or any of such waters and to prevent the waste thereof, and to protect from damage from such flood or storm waters the harbors, waterways, public highways and property in the District and the lives of the inhabitants thereof; to protect, preserve and restore watersheds within and without the District; to protect beaches and shorelines from erosion, and to restore the same; and at all times to operate and to use the District property not immediately needed for the control of flood and storm waters in a manner beneficial to the public.

§ 105-6 Nature of District; powers

Section 6. The District is hereby declared to be a body corporate and politic and as such shall have, in addition to the other powers vested in it by this act, the following powers:

1. To have perpetual existence
   
   
2. To sue and be sued in the name of the District.
   
   
3. To adopt a seal and alter it at pleasure.
   
   
4. To acquire by grant, purchase, lease, gift, devise, contract, or otherwise, and to hold, use, enjoy, sell, let, and dispose of real and personal property of every kind, including lands, structures, buildings, rights-­of-way, easements, and privileges, excepting water rights owned by a public corporation or agency without the consent of such public corporation or agency, and to construct, maintain, alter and operate any and all projects or works of improvement, within or without the District necessary or proper to carry out any of the objects or purposes of this act, or convenient to the full exercise of its powers, and to construct, complete, extend, add to, alter, remove, reconstruct, repair or otherwise improve any projects or works of improvement, or property acquired by it as authorized by this act.
   
   
5. To control the flood and storm waters of the District, and the flood and storm waters of streams that have their source outside of the District, but which streams and the floodwaters thereof flow into the District, and to conserve such waters for beneficial and useful purposes within the District by retarding, spreading, storing, retaining and causing the same to percolate into the soil within or without the District, or to save and conserve in any manner all or any of such waters and protect from damage from such flood or storm waters the watercourses, watersheds, public highways, life and property in said District; provided, that water rights now existing, public or private, be or thereby taken or damaged without compensation; provided further, that none of the provisions of this act shall in any manner limit or preclude the full exercise by any County, city, district, public or municipal authority, agency or corporation, or any political subdivision that may now or hereafter exist, wholly or in part, within the District from exercising any of its powers, although such be of the same nature as the powers of the District. Any such other public entity may, by written agreement with the District, provide for the use, or joint use, of property or facilities in which any such other public entity has an interest, or for the use, or joint use, of property or facilities in which the District has an interests.
   
   
6. To cooperate and to act in conjunction with or contribute funds to, the United States or the State of California, or any of their engineers, officers, Boards, commissions, departments or agencies, or with any public or private corporation, or with the County of San Diego, or with any public agency or district, in the construction of any projects or works of improve­ment for the controlling of flood or storm waters of or flowing into the District, or for the protection of life or property therein, or for the pur­poses of conserving said waters for beneficial use within said District, or for the protection of beaches and shorelines from erosion, or for the restor­ation of beaches and shorelines, or in any other works, acts or purposes provided for herein, and to adopt and carry out any definite plan or system of projects or works of improvement for any such purpose; and to enter into, and to do any and all acts necessary or proper for the performance of, any agreement with, or necessary to comply with any act of authorization of, the United States, or any state, county or district of any kind, or necessary and proper for the performance of any agreement with any public or private corpo­ration, association firm or individual, or any number of them, for the joint financing, acquisition, construction, leasing, owners-hip, disposition, use, management, maintenance, repair or operation of any rights, projects or works of improvement, or other property of any kind which might be lawfully acquired or owned by the District.
   
   
7. To acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned by the District, and to grant to any person the right to carry any water owned by such person through any tunnel, canal, ditch or conduit of the District; provided, that the District shall not acquire any such rights from a municipality or public water agency or district other than with the consent of such municipality or public water agency or district.
   
   
8. To carry on technical and other investigations of all kinds, make measurements, collect data, and to make analyses, studies, and inspections pertaining to water supply, water rights, ocean currents tides, erosion, control of floods, and use of water, and to make surveys, studies, and maps and plats relative to the location of necessary projects and works of improvement including but not limited to dams, levees, channels, conduits, canals, pipelines, roadways and other rights-of-way, and relative to the acquisition of lands, or interests therein, and other property; provided, that the foregoing powers may be exercised by the District to the extent necessary to accomplish the purposes of this act; and further provided, that the District has the right of access through its authorized representatives to all properties within or without the District in order to accomplish the acts authorized by this section or any of them. The District, through its authorized representatives, may enter upon such lands and make examinations, surveys, and maps thereof.
   
   Whenever a project or work of improvement is contemplated due con­sideration shall be given to the location of existing sewage lines and to the possible locations of future sewage lines, and the District shall solicit the recommendations of public sewage disposal agencies in order that District facilities may be located equitably in light of such sewage lines.
   
   
9. To incur indebtedness and to issue bonds in the manner hereinafter provided.
   
   
10. To cause taxes or assessments to be levied and collected for the purpose of paying any obligation of the District, and to carry out any of the purposes of this act, in the manner hereinafter provided.
    
    
11. To make contracts, to employ labor, to employ expert appraisers, consultants and technical advisers and assistants, and to do all acts neces­sary for the full exercise of all powers vested by this act in said District or in any of the officers thereof.
    
    
12. The District may exercise the right of eminent domain within the County of San Diego, either within or without the District, to take any prop­erty necessary to carry out any of the objects or purposes of this act. The District in exercising such power shall in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction or relocation of any structure, railways, mains, pipes, con­duits, wires, cable poles or other property of any public utility or public corporation or district which is required to be moved to a new location. No right shall exist in the District to take by proceedings in eminent domain any water rights appropriated to public use by any existing municipal corpo­ration, water district, or other public agency. Nothing in this act con­tained shall be deemed to authorize the District or any person to diver the waters of any river, creek, stream, irrigation system, canal or ditch or the waters thereof or therein unless compensation therefor be first provided in the manner prescribed by law.
    
    Nothing in this act contained shall be construed as in any way affecting the plenary power of any existing municipal corporation, water district or other public agency providing water to the public or as affecting the absolute control of any properties of such municipal corporation, water district or public agency necessary for such water supply, and nothing herein contained shall be construed as vesting any power of control over such prop­erties in the District or any officer thereof, or in any person referred to in this act, except to the extend consented thereto by such municipal corpo­ration, water district or public agency.
    
    
13. To plan, improve, operate, maintain, and keep in a sanitary condi­tion a system of public parks, playgrounds, beaches, swimming areas, and other facilities for public recreation, for the use and enjoyment of all the inhabitants of the District, as an incident to the carrying out of the pro­jects and works of improvement of the District and on land acquired or used for the flood control, drainage, beach or shoreline erosion control, or water conservation purposes of this act; to construct, maintain, and operate any other amusement or recreational facilities on such lands, including picnic grounds and equipment incidental thereto, bathhouses, golf courses, tennis courts, and other special amusements and forms of recreation; to fix and collect reasonable fees for the use by the public of any such special facil­ities, services or equipment; and to adopt such rules and regulations as in the discretion of the Board are necessary to the orderly operation and con­trol of the use by the public of such lands and facilities for recreational purposes; provided, however, that the District shall not, for the purposes specified in this subsection, interfere with the control or operation of any existing public park, playground, beach, swimming area, parkway, recreational ground, or other public property, owned or controlled by any other district, county or municipal corporation, except with the consent of the governing body of such district, county or municipal corporation, and upon such terms as may be mutually agreed upon between the Board and such governing body; and further provided, that no such recreational facility shall be established in any city or in the unincorporated territory of a county without the consent of the governing body of such city or county, and further provided, that if any such recreational facility is located within the unincorporated territory of a county then that county, or if any such recreational facility is located within the corporate limits of any city then that city, by resolution duly passed by the governing body of such county or city, may assume the manage­ment and control of such recreational facility, in which event such county or city shall establish and collect nondiscriminatory fees and charges for the use of such recreational facility and may establish rules and regulations pertaining to such recreational facility, and the County or city annually shall deduct from such fees and charges an amount sufficient to reimburse the County or city for the costs and expenses incurred in such management and control of such recreational facility, and shall pay over to the District, for use for general District purposes, all money collected in excess of the amount necessary for such reimbursement.
    
    
14. The powers herein granted shall include the design, construction, or maintenance of any levees, seawalls, groins, breakwaters, jetties, out­lets, channels, harbors, basins, or other projects or works of improvement pertaining thereto for the protection of shoreline or beaches.
    
    
15. To lease, sell or dispose of any property or interest therein when­ever, in the judgment of the Board, said property or said interests therein or part thereof is no longer required for the purposes of the District, or may be leased for any purpose without interfering with the use of such prop­erty for the purposes of the District, and to any compensation received therefor into the general fund of the District and use the same for the pur­poses of this act; provided, however, that nothing herein contained shall authorize the Board or any officer of said District to sell, lease or other­wise dispose of any water, water right, reservoir, space or storage capacity or any interest or space therein, except to public agencies for recreational purposes or except as heretofore provided in subsection 6 of this section, or except, in the discretion of the Board, as is necessarily incidental to the accomplishment of the purposes of this act or to the public welfare; pro­vided, however, that the District may grant and convey to the United States, or to any federal agency authorized to accept and pay for such land or interests in land, all lands and interests in land, now owned or hereafter acquired, lying within any channel, dam, or reservoir site, or shoreline or beach, improved and constructed, in whole or in part, with federal funds, upon payment to the District of sums equivalent to actual expenditures made by it in acquiring the lands and interests in land so conveyed, and in improving such lands and interests in land, deemed reasonable in the discre­tion of the Board.
    
    
16. To grant or otherwise convey to counties, cities and counties, cities, the State of California or the United States easements for street and highway purposes over, along, upon, in, through, across or under any real property owned by the District.
    
    
17. To remove, carry away and dispose of any rubbish, trash, debris, or other inconvenient matter that may be dislodged, transported, conveyed, or carried by means of, through, in or along the works and structures operated or maintained hereunder and deposited upon the property of the District or elsewhere.
    
    
18. Notwithstanding any provision of this act, the District shall not have the power to compete with water selling or distribution agencies, either public or private, by selling or distributing water to consumers for domestic, agricultural or industrial use; provided, however, that the District shall have the power to sell to water agencies, either public or private, such surplus water as it may accumulate.
    
    
19. To establish by ordinance and maintain building setback lines along the banks of any river, creek, stream, or other waterway, in any case where the Board determines that such setback line is necessary to prevent impedi­ment of the natural flow of water or to prevent damage from flooding, bank caving, or erosion related to the property on which the setback is established.
    
    The landowner may submit an engineered alternative to the setback for approval by the Board.
    
    
20. To do all acts necessary to participate in all programs authorized by the federal government whereby federal funds are granted to the District or any of its residents for purposes of health, education, welfare, public works, or community improvement, including, without limitation thereto, contracting and cooperating with the federal government, life state or its agencies, other local public agencies, and private persons and corporations, and to make any expenditure of District funds required for such participation.
    
    
21. To regulate the discharge of pollutants into the District's facili­ties by requiring dischargers to obtain a permit from the District prior to any such discharge and by prohibiting the discharge of pollutants into the District's facilities without a permit first having been obtained from the District; to require fees to be collected prior to issuance of such permits; to require all permit holders to indemnify the District from any and all dam­ages, penalties, or other expenses imposed on or required of the District by state or federal agencies due to any discharge by such permit holders into the District facilities; to require as a condition of obtaining discharge permits from the District that all such dischargers also obtain state and federal waste discharge permits and any other permits required by state and federal law and submit the necessary fees and applications for such permits to the District for submittal to any such state and federal agencies.
    
    

§ 105-7 Supervisors; compensation of members; powers and duties of Board; ordinances, resolutions, etc.

Section 7. The Board of Supervisors of the County of San Diego shall be and is hereby designated as, and is empowered to act as, ex officio the Board of Directors of the District.

The members of the Board shall not be compensated for their services to the District, except that each member of said Board shall be reimbursed for his actual and necessary expenses in the performance of official duties under this act.

The Board is hereby vested with the same powers and shall perform the same duties for and on behalf of the District, and for the government there­of, to carry out the objects and purposes of this act, that the Board of Supervisors of the County of San Diego now has or may hereinafter have by law for said County of San Diego, and shall also have such other or additional powers for and on behalf of the District as may be necessary to carry out any of the objects and purposes of this act, or to exercise any of the powers of the District, provided that such powers and duties are not in conflict with the express terms of this act. All ordinances, resolutions and other legislative acts for the District shall be adopted by the Board and certified to, recorded and published in the same manner as are ordinances, resolutions or other legislative acts of the County of San Diego, except as herein other­wise specifically provided.

§ 105-8 Officers

Section 8. The County Counsel, the Clerk of the Board of Supervisors, the County Assessor, the County Tax Collector, the County Clerk, the County Auditor and Controller, the County Registrar of Voters, the County Purchasing Agent, the Director of Special District Services, and the County Treasurer of the County of San Diego, and their successors in office and all their assistants, deputies, clerks and employees, and all other officers of said County and their assistants, deputies, clerks and employees, shall be ex officio officers, assistants, deputies, clerks and employees respectively of said District, and shall respectively perform, unless otherwise provided by said Board, the same various duties of said District as for said County, in order to carry out the purposes of this act. All such officers, assistants, deputies, clerks and employees shall receive their actual and necessary expenses in the performance of official duties under this act pay­able from the funds of said District, and the District shall reimburse the County for the services rendered to said District and paid for by the County of such officers, assistants, deputies, clerks and employees. Officers, assistants, deputies, clerks and employees of the District may, without pre­judice to their rights be transferred to the service of the County or may be assigned to perform work for the County, in which event a charge for such services rendered shall be payable by the County to the District.

§ 105-9 Administrative regulations; employees

Section 9. The Board shall have the power to make and enforce all need­ful rules and regulations for the administration and government of the District, and in addition to the officers and employees herein otherwise prescribed the Board may in its discretion appoint such officers, agents and employees of the Board or for the District as in its judgment may be deemed necessary, prescribe their duties and fix their compensation. All officers, agents and employees shall be appointed under and pursuant to the civil service rules and regulations of the County; provided, however, that experts, consultants or technical or other advisors for particular purposes shall be appointed by and serve at the pleasure of the Board, and shall not be governed by ordinances, rules or regulations applicable to the classified civil service except to the extent the Board specifically may require. The civil service commission of the County and the department of civil service and personnel of the County shall be ex officio the civil service commission and ex officio the civil service and personnel department of the District, and said commission and said department shall perform all of the duties herein prescribed without additional compensation except that the District shall pay for any necessary additional expenses incurred by reason of the performance of said additional duties for said District.

§ 105-10 Engineers; duties; contents of reports

Section 10. The Board shall have jurisdiction and power by resolution to employ competent registered civil engineers to investigate and to careful­ly devise a plan or plans to carry out and fulfill the hereinbefore described objects and purposes of the District, and to obtain such information in regard thereto as may be deemed necessary for useful for carrying out the objects and purposes of this act; such resolution may direct such engineer or engineers to make and file reports from time to time with the Board, which may show:

1. A general description of existing facilities, if any there be, for the accomplishment of the objects and purposes of the District.
   
   
2. A general description of tile projects or works of improvement pro­posed to be made or done.
   
   
3. A general plan and general specifications of said project or work of improvement.
   
   
4. A general description of the lands, rights-of-way, easements and property proposed to be taken, acquired or damaged in carrying out said pro­ject or work of improvement.
   
   
5. A map or maps which shall show the location and zones, as may be required, of each of said projects or works of improvement, and lands, rights-of-way, easements and property to be taken, acquired or damaged in carrying out said work, and any other information in regard to the same that may be deemed necessary or useful.
   
   
6. An estimate of the cost of the proposed project or work of improvement. Such engineer or engineers shall from time to time, as directed by the Board, file with the Board, supplementary, amendatory and additional reports and recommendations, as necessity and convenience may require.
   
   

Such engineer or engineers, employed by said resolution, shall have power and authority, subject to the control and direction of said Board of Directors, to employ such engineers, surveyors, and others as may be required for making all surveys or doing any other work necessary for the making of such report.

§ 105-11 Zone commission; meetings; duties (Repealed)

§ 105-13 Establishment of subzones or participating subzones

Section 13. Concurrently with the institution of a project or work of improvement, the Board may establish a zone which may contain a subzone or participating subzones for the financing, constructing, maintaining, operating, extending, repairing or otherwise improving such project or work of improvement. Whenever it is proposed to establish a zone, subzone, or participating subzones the resolution of intention required by this act shall contain, in addition to other required matters, a statement of the Board's intention to establish a zone, subzone, or participating subzones, as the case may be, a description of the proposed boundaries thereof, and, where participating subzones are proposed, the proportionate amount of the costs to be borne by each subzone. The Board may establish a continuously operating zone, subzone, or subzones for the financing, constructing, maintaining, operating, extending, repairing, or otherwise improving projects or works of improvement. Whenever it is proposed to establish a continuously operating zone, subzone or subzones, the resolution of intention required by this act shall contain, in addition to the other required matters, a statement of the Board's intention to establish a continuously operating zone, subzone, or subzones and a description of the boundaries thereof.

At the hearing held pursuant to this act in addition to other matters then required to be determined, the Board shall determine the extent of any zone or participating subzones it may establish. The Board shall have the power to exclude such territory from any proposed zon3, subzone, or partici­pating subzones as the Board finds will not be benefited by inclusion therein.

No revenues from the taxes or assessments levied on one zone or subzone under this section shall be expended for constructing, maintains, operating, extending, repairing, or otherwise improving any project or work or improvement located in any other zone or subzone, except in the case of joint pro­jects or projects which are authorized or established outside of the zone or subzone from which the revenues are derived but which are for the benefit of the zone or subzone.

All the provisions of this act relating to bonds and relating to pro­jects and works of improvement are applicable to zones, or subzones and participating subzones, and all of the powers and duties conferred or imposed by this act on the District, including the powers and duties to levy and collect taxes or assessments and to incur indebtedness and to issue and sell bonds, shall apply with respect to zones, subzones, and participating subzones.

It is hereby declared that for the purposes of any tax or assessment levied pursuant to this act in any zone, subzone, or participating subzone, the property so taxed or assessed is equally benefited.

Whenever a special bond election is called and held under Section 18 of this act, or as authorized by Section 27 of this act, with respect to any zone, subzone, or participating subzone, it shall be called and held only within such zone, subzone, or participating subzone for which the bonded indebtedness is proposed to be incurred and need not be called or held in any of the remaining territory of the zone or participating zones of which the zone, subzone, or participating subzone may be a part. Any defect or irregularity in the proceedings prior to the calling of the special bond election shall not affect the validity of the bonds authorized by the election. When a project or work of improvement affects a single subzone only, then bonds for such subzone for the amount stated in such proceedings shall be issued and sold as in this action provided only if at the election called for that purpose a majority of the votes cast in the subzone on the proposition of incurring a bonded indebtedness are in favor thereof. When the incurring of bonded indebtedness by a participating subzone is to be determined at any election, no bonds for any of such participating subzones shall be issued or sold unless a majority of the votes cast on the proposition submitted at the election in each participating subzone are in favor of incurring the bonded indebtedness to be undertaken by the participating subzone. Bonds of the District issued for any zone, subzone, or participating subzone pursuant to this act shall be legal investments, and may be used as security, and money or funds may be invested in the bonds, as provided in Section 25 of this act with respect to bonds of the District issued for zones.

§ 105-14 Institution of projects or works of improvement; resolution; notice of hearing

Section 14. (a) The Board may institute projects or works of improve­ment for single zones or subzones and joint projects or works of improvement for participating zones or subzones, and for the financing, constructing, maintaining, operating, extending, repairing, or otherwise improving any project or work of improvement of common benefit to such zone or subzones or participating zones or subzones.

(b) Prior to proceeding with any project or work of improvement within any zone, subzone, or participating subzones, the Board shall adopt a resolu­tion specifying its intention to undertake the same, setting forth the engi­neering estimates of the cost thereof to be borne by the particular subzone, zone, and in the case of participating subzones, the proportionate cost to be borne by each participating subzone and the method of financing and fixing a time and place for public hearing on the matters referred to in the resolu­tion. The resolution shall refer to an engineer's report or to a map or maps or other documents showing the general location and general nature of the proposed project together with a map showing the exterior boundaries of the proposed zone, subzone, or participating subzones.

(c) Notice of the hearing shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the District and circulated in the zone, subzone, or each of the participating subzones, if there be such newspaper, and if there be no such newspaper then by posting notice for two consecutive weeks prior to said hearing in five public places designated by the Board, in such zone, subzone, or in each of the participating subzones. Publication shall be complete at least seven days before the date of the hearing. The notice shall designate a public place in the zone, subzone, or in each of the participating subzones where a copy or copies of the map or maps of the joint project or work of improvement may be seen by any interested person. The map shall be posted in each of those public places so designated in the notice at least two weeks prior to the hearing.

§ 105-15 Protests

(a) At any time not later than the hour set for hearing protests or objections to the proposed work, any owner of property within the proposed zone, subzone, or participating subzones may make written protest against the proposed work or against the extent of the zone, subzone, or participating subzones to be formed. The protests shall be in writing, shall contain a description of the property in which each signer thereof is interested, sufficient to identify the same and, if the signers are not shown on the last equalized County assessment roll as owners of such property, shall contain or be accompanied by written evidence that the signers are the owners of the property. All protests shall be delivered to the clerk, and no other protests or objections shall be considered.

(b) At the time set for hearing protests the Board shall proceed to hear and pass upon all protests as herein required and its decision shall be final and conclusive. The Board may adjourn the hearings from time to time. Any such protest may be withdrawn by the owner making the same at any time prior to the conclusion of said protest hearing or any such adjournment thereof.

(c) If the Board finds that the protest is made by the owners of more than one-half of the area of the property within a proposed zone or subzone, and protests are not withdrawn so as to reduce the same to less than a major­ity, no further proceedings as to such proposed subzone shall be taken for a period of six months from the date of the decision of the Board on the hearing, unless the protests are overruled by an affirmative vote of four­fifths of the members of the Board.

(d) If it shall be necessary, in order to find whether a majority pro­test exists, to determine whether any or all of the signers of written pro­test are "owners" of property within a proposed zone or subzone, the Board shall make that determination from the last equalized assessment roll, any written evidence submitted with a written protest and any other evidence received at the hearing. The Board shall be under no duty to obtain or con­sider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.

(e) At the conclusion of the hearing, if no protests or objections in writing have been filed with the clerk up to the hour set for the hearing or if protests have been found by the Board to be insufficient, or have been overruled, the Board shall determine and establish the exterior boundaries of the proposed zone, subzone, or participating subzones and may thereupon order the construction, maintenance, operation, extension, repair, or improvement of the project or work of improvement.

§ 105-16 Ad valorem taxes or assessments

Section 16.

(a) The Board shall have power, in any year, to levy and collect ad valorem taxes or assessments upon all taxable property in the District or any zone to pay the costs and expenses of carrying out any of the objects or purposes of this act benefiting the zone, including the con­structing, maintaining, operating, extending, repairing, or otherwise improving any or all projects or works of improvement established or to be established within or on behalf of the zone.

(b) It is declared that for the purpose of any tax or assessment levied in the District pursuant to this section, that the property so taxed or assessed within the District is equally benefited.

(c) The aggregate taxes or assessments levied in the District and any one zone pursuant to this section for any one fiscal year shall not exceed twenty-five cents ($0.25) on each one hundred dollars ($100) of the assessed valuation of the taxable property in the District.

(d) Taxes or assessments shall be levied and collected together with and not separately from taxes for County purposes, and the revenues derived from said taxes or assessments shall be paid into the County treasury to the credit of the District.

(e) No revenues from special taxes or assessments levied in one zone under this section shall be expended for constructing, maintaining, operating, extending, repairing, or otherwise improving any project or work of improvement located in any other zone, except in the case of joint pro­jects or in the case of projects authorized or established outside such zone but for the benefit thereof.

(f) The limitation established by subdivision (c) is exclusive of the amounts necessary for interest and redemption of any bonds voted within any zone or subzone, and is exclusive of any taxes or assessments made or levied pursuant to Section 32.

§ 105-17 Fees and charges

Section 17. The Board shall have power to prescribe, revise and collect fees of charges for services or facilities furnished or to be furnished to any building, improvement or structures by the use of any flood control or storm drainage system constructed or to be constructed in and by a zone of the District. Revenues derived under this section shall be used for the acquisition, construction, reconstruction, maintenance and operation of the flood control or storm drainage facilities of the said zone, or to reduce the principal or interest of any bonded indebtedness thereof.

Section 17.1. (a) The Board by ordinance adopted from time to time may establish special drainage areas within the District without reference to the boundaries of other zones or subzones setting forth in each such ordinance a description of such special drainage areas by metes and bounds and entitling each such area by an area designation or number and institute specific drain­age plans for the specific benefit of such areas. Before acquiring authority to proceed with the establishment of any special drainage area the exterior boundaries of which will include any land lying within the exterior boundary of any chartered or incorporated city not previously annexed to the District the Board shall first obtain the concurrence of the city by a resolution or ordinance adopted by a majority of the city council of the city and shall proceed to annex the area to the direct and to the zone or zones of the District most nearly contiguous thereto.

(b) A special drainage area may include all lands contributing to the drainage requirements of an area excluding-such lands as are already devel­oped or those which are adequately served, in the opinion of the Board, by existing local drainage facilities serving the area at the time of the adop­tion of the plan for additional special drainage area facilities.

(c) Whenever drainage facilities conforming to the adopted drainage plan are required in the development of any land within the special drainage area and where, in the opinion of the Board, it is necessary that facilities be constructed which can be or will be used for the benefit of other property in the drainage area and such drainage facilities are dedicated to the pub­lic, the Board may contract with the developer and agree to reimburse and may reimburse him for all or any portion of such drainage facilities. Such contract shall provide that the Board may collect a reasonable charge from any person, corporation, or agency using such facilities for the benefit of other property in the special drainage area.

(d) "Benefit" includes, but is not limited to, the following:

(1) Any increase in the market value of the property.

(2) The provision for accepting the burden from specific property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his or her property impermeable.

(3) Any adaptability of property to a superior or more profitable use.

(4) Any alleviation of health and sanitation hazards occurring to particular property or of public property.

(5) Any reduction in the maintenance costs of particular property or of public property.

(6) Any increase in convenience or reduction in inconvenience accruing to particular property, owners, including the facilitation of access to and travel over streets, roads, and highways.

(7) Aesthetic, ecological, or recreational improvements accruing to particular property owners.

(e) Fees may be collected pursuant to this section for payment of all or any portion of any such drainage facility cost if the costs, whether actual or estimated, are based upon findings by the Board that development of property within the planned special drainage area will require construction of the facilities described in the drainage plan and that the fees are fairly apportioned within the local drainage area on the basis of benefits conferred on the property within the area. The fee as to any property within the special drainage area may be charged and collected as a condition precedent to the development of such property, and no building permit therefor shall be issued until payment thereof, and such fee shall not exceed the pro rata share of the amount of the total actual or estimated costs of all such drainage facilities within the special drainage area which would be accessible on such property if such costs were apportioned on a uniform fee schedule, excluding, however, such property within the area as, in the opinion of the Board, is incapable of development.

(f) The fees collected by the District, pursuant to this section, shall be paid into a special drainage facilities fund. A separate fund shall be established for each special drainage area. Any money placed in such fund shall be expended solely for land acquisition, construction, engineering, repair, maintenance, and operation or reimbursement for the same, in whole or in part, of local drainage facilities within the planned special drainage area from which the fees comprising the fund were collected.

(g) The term "developer", as used herein, shall include a subdivider, industrial developer, or any person, corporation, the District, public or private agency, or group that may participate in the special drainage facilities constructed pursuant to this section.

(h) Any drainage facilities constructed in any special drainage area may be installed by the developer at his sole cost and expense in accordance with plans and specifications prepared or approved by the District, by the District with its own funds, or by the District with funds supplied by the developer, and the cost thereof may be collected and repaid in whole or in part, in the manner provided for in this section.

 

Section 17.2. Prior to the establishment of any special drainage area pursuant to Section 17.1 the Board shall adopt a resolution specifying its intention to adopt an ordinance to establish the special drainage area. The resolution shall refer to a map or maps showing the general location of the area and shall be accompanied by the proposed ordinance providing for the establishment of the fees and charges to be imposed therein and fixing the time and place of a public hearing of the resolution of intention.

Such proposed ordinance shall refer to the area to be benefited by the works and facilities to be constructed within the special drainage area and shall contain a description of the boundaries of the area of benefit and the costs, whether actual or estimated, and the method of fee apportionment employed and upon adoption shall be filed with the Recorder of San Diego County. Such ordinance shall further provide that such apportioned fees shall be applicable to all property within the area of benefit not speci­fically excluded therefrom and that they shall be payable as a condition precedent to the issuance of a building permit for such property or portions thereof.

Notice of the hearing hereinabove provided shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation published in the District and circulated in such special drainage area if there be such newspaper and if there be no such newspaper, then by posting such notice for two consecutive weeks prior to the hearing in five public places designated by the Board, in such proposed special drainage area. Publication shall be completed in accordance with Section 6066 of the Government Code. Such notice shall designate a public place in the County of San Diego where a copy or copies of the map or maps, the boundaries of such proposed special drainage area, the proposed specific drainage plan the proposed ordinance may be seen by any interested person and such materials shall be maintained for inspection in such public place so designated in the notice at least two weeks prior to the hearing.

Section 17.3. (a) At any hour not later than the hour set for hearing protests or objections to the proposed ordinance and establishment of the proposed special drainage area and adoption of the specific drainage plan, any owner of property within a proposed special drainage area may make written protest against the establishment of the special drainage area or against the plan or development of the same or against the proposed determination of benefit or apportionment of charges and fees. Such protests shall be in writing, shall contain a description of the property in which each signer thereof is interested sufficient to identify the same and if the signers are not shown in the last equalized County assessment roll as owners of such property shall contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the clerk and no other protest or objections shall be considered.

(b) At the time set for hearing protests the Board shall proceed to hear and pass upon all protests as herein required and its decision shall be final and conclusive. The Board may adjourn the hearings from time to time. Any such protest may be withdrawn by the owner making the same at any time prior to the conclusion of the protest hearing or any such adjournment thereof.

(c) If the Board finds that the protest is made by the owners of more than one-half of the area of the property within a proposed special drainage area, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings as to such proposed special drainage area shall be taken for a period of six months from the date of the decision of the Board on the hearing, unless the protests are overruled by an affirmative vote of four-fifths of the members of the Board.

(d) If it shall be necessary, in order to find whether a majority pro­test exists, to determine whether any or all of the signers of written pro­tests are "owners" of property within a proposed special drainage area, the Board shall make such determination from the last equalized assessment roll, any written evidence submitted with a written protest and any other evidence received at the hearing. The Board shall be under no duty to obtain or consider any other evidence as to ownership of property and its determination of ownership shall be final and conclusive.

(e) At the conclusion of the hearing as hereinabove provided, if no protests or objections in writing have been filed with the clerk up to the hour set for the hearing thereon or if protests have been found by the Board to be insufficient, or have been overruled, the Board shall determine and establish the boundaries of the proposed special drainage area and may thereupon adopt the proposed ordinance and cause its recordation on its effective date with the Recorder of the County of San Diego.

Section 17.4. Any city which has been formed into a special drainage area pursuant to sections 17.1 to 17.3, inclusive, and which is detached from the District as a result of the act which enacted this section may continue as a special drainage area pursuant to the provisions of Sections 17.1 to 17.3, inclusive, subject to the following conditions:

(a) After January 1, 1985, and prior to July 1, 1985, the city shall adopt by reference any District ordinance previously adopted pursuant to the Sections 17.1 to 17.3, inclusive. The notice and hearing requirements contained in Sections 17.1 to 17.3, inclusive, shall not apply to adoption of the District ordinance by the city. The ordinance shall not become operative until July 1, 1985.

(b) All powers and duties of the Board and other officers and employees of the District shall become the powers and duties of the city council and the officers and employees of the city.

(c) All fees collected within the city shall become the property of the city. Fees previously collected pursuant to Sections 17.1 to 17.3, inclusive, within the city, shall be transferred to the city.

Section 17.5. (a) For the purposes of this section, the following words and terms shall be defined as follows:

(1) "Flood control or storm drainage facilities" means any system, natural or improved, the purpose of which is to convey flood or storm drain­age waters, within or without District rights-of-way.

(2) "Benefit" includes, but is not limited to, the following:

(i) Any increase in the market value of the property.

(ii) The provision for accepting the burden from specific property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable.

(iii) Any adaptability of property to a superior or more profitable use.

(iv) Any alleviation of health and sanitation hazards accruing to particular property or of public property.

(v) Any reduction in the maintenance costs of particular property or of public property.

(vi) Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads and highways.

(vii) Aesthetic, ecological, or recreational improvements accruing to particular property owners.

(b) The District, by ordinance, may fix an annual flood control or storm drainage charge to be collected each fiscal year in the District; or in any portion thereof to which any flood control or storm drainage system is or will be made available by the District.

(c) Revenues derived under this section shall be used for the acquisi­tion, construction, reconstruction, maintenance, and operation of the flood control or storm drainage facilities or to reduce the principal of any bond indebtedness thereof.

(d) The ordinance fixing a charge shall be adopted by the Board only after the adoption of a resolution setting forth the particular schedule or schedules of the charges proposed to be established by ordinance and after a hearing on such resolution. The secretary shall cause notice of a time and place of hearing thereon to be published, pursuant to Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published within the District if there is one, and if not, then in such paper printed and published in the county, and shall cause a notice in writing to be mailed, prior to the date set for hearing, to each person to whom a parcel of real property described in such charge is assessed on the last equalized assessment role. Such notice shall be mailed to the address shown on the last equalized assessment role or known to the secretary. At that time, stated in the notice, the Board shall hear and consider all objections or protests, if any to the resolution referred to in the notice and may continue the hearing from time to time. Upon the conclusion of the hearing, the Board may adopt, revise, change, reduce, or modify a charge or overrule any and all objections. The Board shall make a determination upon each assessment or charge as described in the resolution, which determination shall be final.

(e) The ordinance fixing a charge may establish schedules which vary the charges according to the benefit conferred by virtue of the availability of a flood control or drainage system to land.

(f) On or before August 15 of each fiscal year in which a charge is to be collected, the Board shall furnish in writing to the Board of supervisors and the County auditor a description of each parcel of land within the District upon which a charge is to be levied and collected for the current fiscal year, together with the amount of charge affixed by the District on each parcel of land.

(g) The Board shall direct that, at the time and in the manner required by law for levying of taxes for County purposes, the Board of supervisors shall levy, in addition to any other tax it levies, the charge in the amounts for the respective parcels affixed by the Board.

(h) All County officers charged with the duty of collecting taxes shall collect District charges with the regular tax payments to the County. Such charges shall be collected in the same form and manner as County taxes are collected and shall be paid to the District.

(i) Charges fixed by the District shall be a lien on all the property benefited thereby. Liens for such charges shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and County taxes.

Section 17.6. Whenever, in the opinion of the Board the public interest or convenience may require, it may order any work or improvement which it is authorized to undertake to be done in accordance with the procedure and in pursuance of the provisions of either the Improvement Act of 1911 [Division 7 (commencing with Section 5000) of the Streets and Highways Code] or the Municipal Improvement Act of 1913 [Division 12 (commencing with Section 10000) of the Streets and Highways Code], or the Improvement Bond Act of 1915 [Division 10 (commencing with Section 8500) of the Streets and Highways Code].

The following terms, as used in such improvement acts, have the following meanings:

(a) "City council", "council" or "legislative body" means the Board of Directors of the District.

(b) "City treasurer" or "treasurer" means the officer of the District who has charge of and makes payment of the District fund.

(c) "Clerk" or "city clerk" means the secretary of the District.

(d) "Council chambers" means the place where the regular meetings of the Board of Directors are held.

(e) "Mayor" means the chairman of the District.

(f) "Municipality" or "city" means the District.

(g) "Right-of-way" means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the District for any purpose.

(h) "Superintendent of streets", "street superintendent", or "city engineer" means the general manager of the District or any other person appointed by the Board to perform such duties.

(i) "Tax collector" means the County tax collector.

(j) All other words and terms relating to municipal officers and matters refer to the corresponding officers of the District and matters under this act.

§ 105-18 Bonded indebtedness; resolution; special bond election; ordinance

Section 18. 1. Whenever the Board determines that a bonded indebted­ness should be incurred to pay the cost of any work or improvement in any zone or zones, the Board may by resolution determine and declare the respec­tive amounts of bonds necessary to be issued in each zone in order to raise the amount of money necessary for each project or work of improvement and the denomination and the maximum rate of interest of said bonds. The Board shall cause a copy of the resolution, duly certified by the clerk, to be filed for record in the Office of the Recorder of San Diego County. From and after said filing of said copy of said resolution the Board shall be deemed vested with the authority to proceed with the bond election.

2. After the filing for record of the resolution specified in subdivi­sion 1 of this section, the Board may call a special bond election in said zone or participating zones at which shall be submitted to the qualified electors of said zone or participating zones the question whether or not bonds shall be issued in the amount or amounts determined in said resolution and for the purpose or purposes therein stated. Said bonds and the interest thereon shall be paid from revenue derived from annual taxes or assessments levied as provided in this act.

3. Said Board shall call such special bond election by ordinance and not otherwise, to submit to the qualified electors of said zone or partici­pating zones the proposition of incurring a bonded debt in said zone or participating zones in the amount and for the purposes stated in said resolution, and shall recite therein the objects and purposes for which the indebtedness is proposed to be incurred; provided, that it shall be sufficient to give a brief general description of such objects and purposes, and to refer to the recorded copy of such resolution adopted by said Board and on file for particulars; and said ordinance shall also state the estimated cost of the proposed project or work of improvement, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness, and shall fix the date on which such special election shall be held, and the form and contents of the ballot to be used. The rate of interest to be paid on such indebtedness shall not exceed five percent (5%) per annum. For the purposes of said election, said Board in said ordinance shall establish special bond election precincts within the boundaries of such zone and participating general elections in said District to a number not exceeding six general precincts for each such special bond election precinct, and shall designate a polling place and appoint one inspector, one judge and one clerk for each of such special bond election precincts.

In all particulars not recited in said ordinance, such special bond election shall be held as nearly as practicable in conformity with the general election laws of the state.

Said ordinance calling for such special bond election shall, prior to the date set for such election, be published pursuant to Section 6062 of the Government Code in a newspaper of general circulation published in the District and circulated in each zone and participating zone affected, the last publication of such ordinance to be at least fourteen (14) days before said election, and if there be no such newspaper, then such ordinance shall be posted in five public places designated by the Board in each zone and participating zone affected for at least thirty (30) days before the date fixed for such election. No other notice of such election be given nor need polling place cards be issued.

Any defect or irregularity in the proceedings prior to the calling of such special bond election shall not affect the validity of the bonds author­ized by said election. Where a project affects a single zone only, if at such election a majority of the votes cast in said zone on the proposition of incurring a bonded indebtedness are in favor thereof, then bonds for such zone for the amount stated in such proceedings may be issued and sold as in this act provided. Where the incurring of bonded indebtedness by participating zones is to be determined at such election, no bonds for any of such participating zones shall be issued or sold unless a majority of the votes cast on the proposition in each such participating zone are in favor of incurring the bonded indebtedness to be undertaken by such zone.

§ 105-19 Form of bonds and coupons; payment; series bonds; maturity; issuance; denominations

Section 19. Subject to the provisions of this act, the Board shall prescribe by resolution the form of said bonds and of the interest coupons attached thereto, which resolution must include a designation of the zone or participating zone affected. Said bonds shall be payable annually or semiannually, at the discretion of the Board, each and every year on a day and date and at a place to be fixed by said Board and designated in such bonds, together with the interest on all sums unpaid on such date, until the whole of said indebtedness shall have been paid.

The Board may divide the principal amount of any issue into too or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The maturity of each series shall comply with this section. The Board may fix a date, not more than two years from the date of issuance, for the earliest maturity of each issue or series of bonds. Beginning with the date of the earliest maturity of each issue or series, not less than one­fortieth of the indebtedness of such issue or series shall be paid every year. The final maturity date shall not exceed 40 years from the time of incurring the indebtedness evidenced by each issue or series.

The bonds shall be issued in such denomination as the Board may deter­mine, except that no bonds shall be of a less denomination than one hundred dollars ($100), nor of a greater denomination than one thousand dollars ($1,000), and shall be payable on the days and at the place fixed in said bonds, and with interest at the rate specified in such bonds, which rate shall not be in excess of 7 percent per annum, and shall be made payable annually or semiannually. Said bonds shall be numbered consecutively and shall be signed by the chairman of the Board, and countersigned by the auditor or treasurer of said District, and the seal of said District shall be affixed thereto by the clerk of the Board. Either or both such signatures may be printed, engraved or lithographed. The interest coupons of said bonds shall be numbered consecutively and signed by the said auditor or treasurer by his printed, engraved or lithographed signature. In case any such officers whose signatures or countersignatures appear on the bonds or coupons shall cease to be such officers before the delivery of such bonds to the purchaser, such bonds and coupons, and signatures or countersignatures shall neverthe­less be valid and sufficient for all purposes the same as if such officers had remained in office until the delivery of the bonds.

§ 105-20 Sale of bonds; deposit of proceeds; use

Section 20. The Board may issue and sell the bonds of any such zones authorized as hereinbefore provided at not less than par value, and the proceeds of the sale of such bonds shall be placed in the treasury of the County of San Diego to the credit of said District and the respective zone or parti­cipating zones thereof, for the uses and purposes of the zone or zones voting said bonds; and the proper record of such transactions shall be placed upon the books of said County treasurer, and said respective zone funds shall be applied exclusively to the purposes and objects mentioned in the ordinance calling for such special bond election as aforesaid, subject to the provisions in this act contained. Payments from said zone funds shall be made upon demands prepared, presented, allowed and audited in the same manner as demands upon the funds of said County.

§ 105-21 Payment of bonds; liability of zone for bonded indebtedness of other zones

Section 21. Any bonds issued under the provisions of this act, and the interest thereon, shall be paid by revenue derived from an annual tax or assessment levied as provided in Section 22 of this act. No zone or the property therein shall be liable for the bonded indebtedness of any other zone, nor shall any moneys derived from taxation or assessments in any of the zones be used in payment of principal or interest or otherwise of the bonded indebtedness chargeable to any other zone, except where such bonded indebted ­ness has been incurred by participating zones for projects of mutual benefit.

§ 105-22 Taxes or assessments for payment of bond principal and interest

Section 22. The Board shall levy a tax or assessment each year suffi­cient to pay the interest and such portion of the principal of said bonds as is due or to become due before the time for making the next general tax levy. Such taxes or assessments shall be levied and collected in the respective zones of issuance together with and not separately from taxes for County purposes, and when collected shall be paid into the County treasury of said San Diego County to the credit of the zone of issuance, and be used for the payment of the principal and interest on said bonds, and for no other pur­pose. The principal and interest on said bonds shall be paid by the County treasurer of said County in the manner provided by law for the payment of principal and interest on bonds of said County. Taxes or assessments levied pursuant to this section are in addition to taxes and the maximum tax rates established in Section 16 thereof.

§ 105-23 Applicability of general tax laws; liability of officers; exemption of property

Section 23. The provisions of law of this state, prescribing the time and manner of levying, assessing, equalizing and collecting County property taxes, including the sale of property for delinquency, and the redemption from such sale, and the duties of the several County officers with respect thereto, are, so far as they are applicable, and not in conflict with the specific provisions of this act, hereby adopted and made a part hereof, such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. All property exempt from taxation or assessment for County purposes under the provisions of the Revenue and Taxation Code of the State of California is exempt from taxation or assessment for the purposes of this act. All dams having an impounding capacity of 2,500 acre-feet, and all up-stream lands within the reservoir sites of said dams below the maximum spillway elevation, are exempt from taxation and assessment for the purposes of this act. Growing crops, property used for free public libraries and free museums, property used exclu­sively for public schools, and such, as may belong to this state, or to any county, city and county, or municipal corporation within this state shall be exempt from taxation or assessment, except such lands and the improvements thereon located outside of the county, city and county or municipal corporation owning the same as were subject to taxation or assessment at the time of the acquisition of the same by said County, city and County, or municipal corporation; provided, that no improvements of any character whatever con­structed by any County, city and County or municipal corporation shall be subject to taxation or assessment.

§ 105-24 Applicability of District Investigation Law of 1933

Section 24. A subzone formed or proposed to be formed under this act, or the acquisition of any property or the construction of any project or works of improvement thereby, shall not be subject to any of the provisions of the District Investigation Law of 1933.

¶ 105-25 Bonds; legal investments

Section 25. The bonds of the District, issued for the District or any zone thereof pursuant to this act, shall be legal investments for all trust funds, and for the funds of all insurance companies, banks, both commercial and savings, and trust companies, and for the state school funds, and when­ever any money or funds may by law now or hereafter enacted be invested in bonds of cities, cities and counties, counties, school districts or munici­palities in the State of California, such money or funds may be invested in the said bonds of said District issued in accordance with the provisions of this act, and whenever bonds of cities, cities and counties, counties, school districts or municipalities, may be any law now or hereafter enacted be used as security for the performance of any act, such bonds of said District may be so used.

This section of this act is intended to be and shall be considered the latest enactment with respect to the matters herein contained and any and all acts or parts of acts in conflict with the provisions hereof are hereby repealed.

§ 105-26 Bonds; exemption from taxation; reclamation district

Section 26. All bonds issued by said District under the provisions of this act shall be free and exempt from all taxation within the State of California. It is hereby declared that the District organized by this act is a reclamation district and an irrigation district within the meaning of section 1 3/4 of Article XIII and Section 13 of Article XI of the Construction of this state.

§ 105-27 Additional bonds

Section 27. Whenever bonds have been authorized by any zone or partici­pating zone of said District and said bonds have been issued as in this act authorized, and the Board shall by resolution determine that additional bonds should be issued for carrying out the work of flood control, or for any of the purposes of this act, the Board may again proceed as in this act provided, and submit to the qualified voters of said zone or participating zone, the question of issuing additional bonds in the same manner and with like procedure as hereinbefore provided and all the above provisions of this act for the issuing and sale of such bonds, and for the expenditure of the pro­ceeds thereof, shall be deemed to apply to such issue of additional bonds.

§ 105-28 Failure of bond proposition; limitation on calling subsequent election

Section 28. Should a proposition for issuing bonds for any zone or participating zones submitted at any election under this act fail to receive the requisite number of votes of the qualified electors voting at such election to incur the indebtedness for the purpose specified, the Board shall not for six months after such election call or order another election in such zone or participating zone for incurring indebtedness and issuing bonds under the terms of this act for the same objects and purposes.

§ 105-29 Effect of repeal or amendment of act

Section 29. The repeal or amendment of this act shall not in any way affect or release any of the property in said District or any zone thereof from the obligations of any outstanding bonds or indebtedness until all such bonds and outstanding indebtedness have been fully paid and discharged.

§ 105-30 Refunding bonds

Section 30. The Board may, with the consent of any holder or holders of outstanding bonds of the District, exchange refunding bonds bearing a lower rate of interest for such outstanding bonds.

Whenever any holder of outstanding bond or bonds shall have consented to such exchange, the Board may, by resolution entered in its minutes, order the refunding of such bonds. The resolution shall designate the numbers, denominations, dates of maturity and aggregate principal amounts of the bonds so to be refunded and shall provide for the issuance of refunding bonds in exchange therefor, the form, numbers, denominations, dates of maturity and aggregate principal amounts of which shall be the same as the bonds so to be refunded. The resolution shall also fix the rate of interest said refunding bonds shall bear, which rate shall be less than the rate provided in the bonds to be refunded. The resolution shall also fix the form of the interest coupons attached to said refunding bonds, which shall be the same as the bonds so to be refunded, excepting that the rate and amounts of interest shall be less as hereinabove provided.

The refunding bonds shall be signed by the chairman of the Board or such other member of the Board as said Board may by resolution designate, and shall be countersigned by the auditor and treasurer of the District, and the seal of said District shall be affixed thereto. The interest coupons shall be numbered consecutively and signed by the auditor or treasurer of said District by his printed, engraved or lithographed signature. In case any officer whose signature or countersignature appears on said bonds or coupons shall cease t be such officer before the delivery of such bonds to the purchaser, such signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of the bonds.

Each refunding bond may be exchanged for its corresponding outstanding bond as the Board by agreement with the holder of such outstanding bond may determine, except that in effecting such exchange, any and all matured coupons on said refunding bonds shall be detached and canceled and the principal and accrued interest of both issues shall be accepted at par value and the District shall pay said holder in cash out of moneys in the bond interest fund of the District an amount equal to the difference between the interest on the outstanding bond and on the refunding bond accrued to the date of such exchange.

When any refunding bonds shall have been exchanged, taxes shall be levied and collected to pay the principal and interest thereof as provided by Section 22, all the provisions of which section shall apply to said refunding bonds to the same extent as to original issues.

The refunding bonds shall also be legal investments for fiduciaries and others as provided in Section 25.

§ 105-31 Project benefiting entire District; issuance of bonds; manner

Section 31. In the event that the Board should determine that the entire District will benefit from a project or work of improvement it may institute such project and may proceed to issue and sell bonds sufficient to finance the same, all in the manner prescribed in this act for bonds for zones.

§ 105-32 Special assessments or increase in tax rate

Section 32. Whenever the Board shall determine by resolution that facts exist which make a special assessment, or an increase in the tax rate, for a specified time, above the limits set forth in 'section 16, preferable in the best interests of the District or of a zone to incurring a bonded indebtedness for paying all or any part of the cost of any project or work of improvement or for carrying out any contracts or any purpose of the District or such zone, the Board may levy special assessments, or levy and collect taxes within the limits established by such an increased tax rate, as hereinafter provided. The facts making such a special assessment or increase in the tax rate preferable to a bonded indebtedness shall be stated in the resolution. Such special assessments shall be payable in equal annual installments, or such increase in the tax rate shall be effective, over a period of not more than forty (40) years, and shall be levied only after being duly authorized by a majority of the votes cast by the qualified voters of the District or such zone voting at an election held for that purpose.

Except as in this section otherwise provided, the procedure and require­ments of this act for notices and elections for issuances of District bonds shall apply with like effect to special assessments or increased taxes levied hereunder. IF such special assessments are to be levied in annual installments, the ballot shall specify the number of such installments; if the tax rate is to be increased for more than one year, the ballot shall specify the total number of years such tax rate increase will be in effect.

The funds raised by such special assessment or such increase in the tax rate shall be placed in the treasury of the County to the credit of the District and said funds shall be applied exclusively to the purposes and objects of the District or of the zone mentioned in the ordinance calling the special election. Payments from said fund shall be made upon demands pre­pared, presented, allowed and audited in the same manner as demands upon the funds of the County.

The provisions of this act relative to taxes for the payment of bonds and the liability of property for the payment of such taxes shall apply with like effect to the payment of special assessments as levied hereunder.

§ 105-33 Contracts - Repealed

§ 105-34 Changes in proposed project or work of improvement

Section 34. Any improvement for which bonds are voted under the provi­sions of this act shall be made in conformity with the report, plans and specifications theretofore adopted, as specified above, unless the doing of any of the project or work of improvement described in said report shall be prohibited by law, or be rendered contrary to the best interests of the District by some change of conditions in relation thereto, subsequent to the date of filing the report, plans and specifications theretofore adopted, in which event the Board may order necessary changes made in such proposed project or work of improvement and may cause any plans and specifications to be made and adopted therefor.

§ 105-35 Use of revenues from investments to pay principal and interest

Section 35. Notwithstanding any provisions of this act to the contrary, in the event the proceeds from the sale of bonds of any zone are invested temporarily in United States bonds, notes, or certificates of indebtedness, or in other legal investments, pending the expenditure of said funds for the purpose or purposes for which said indebtedness was incurred, any revenue or interest received or accruing therefrom may be used to pay the annual or semiannual installments of principal and/or interest on said bonds as the same become due.

§ 105-36 Special tax to raise funds to make payments under cooperative contracts

Section 36. In the event there is proposed a cooperative project with any of the governmental bodies or agencies described in subdivision 6 of Section 6 of this act whereby such governmental bondy is to do some project or work of improvement in a specified zone or subzone for the particular benefit thereof, which cooperative project requires the making of a contract with such governmental body for the purposes set forth in said subdivision 6 and by which contract the District is to pay to such governmental body a sum of money in consideration or subvention for the performance of the project or work of improvement, the Board may levy and collect a special tax or assessment upon the property in such zone or subzone in order to raise funds to enable the District to make such payment. Such tax or assessment shall be in addition to the other taxes and assessments otherwise provided for in this act. No such tax or assessment shall be levied or collected until the imposition thereof is approved by a majority of the votes cast at an election held in such zone or subzone, which election shall be conducted in the same manner as is provided in this act for conducting a bond election.

§ 105-37 Conduct of elections

Section 37. Except to the extent otherwise provided by this act, or to the extent that the Board otherwise provides by ordinance, elections required or permitted to be held by this act shall be held as nearly as practicable in conformity with the general election laws of the state.

§ 105-38 Right of way over public lands

Section 38. There is hereby granted to the District the right-of-way for the location, construction, and maintenance of flood control channels, ditches, waterways, conduits, canals, storm dikes, embankments and protective works in, over and across public lands of the State of California, not other­wise disposed of or in use and not in any case exceeding in length or width that which is necessary for the construction of such works and adjuncts or for the protection thereof. Whenever any selection of a right-of-way for such works or for the protection thereof. Whenever any selection of a right-­of-way for such works or adjuncts thereto is made by the District the Board thereof must transmit to the State Lands Commission, the Controller of the State and the recorder of the County in which the-selected lands are situated a plat of the lands so selected, giving the extent thereof and the uses for which the same is claimed or desired, duly verified to be correct. If the State Lands Commission shall approve the selections so made it shall endorse its approval upon the plat and issue to the District a permit to use such right-of-way and lands.

§ 105-39 Repealed

§ 105-40 Claims for money or damages; law governing

Section 40. 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 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

§ 105-41 Proceeding to determine legality of District

Section 41. The District formed under this act, in order to determine the legality of its existence, may institute a proceeding therefor in the superior court of this state in and for the County of San Diego by filing with the clerk of said County a complaint setting forth the name of the District, its exterior boundaries, the date of its organization and a prayer that it be adjudged a legal flood control district formed under the provisions of this act. The summons in such proceeding shall be served by publishing a copy thereof pursuant to Section 6064 of the Government Code in a newspaper of general circulation published in said County. Within thirty (30) days after proof of publication of said summons shall have been filed in said proceeding, the state, any property owner or resident in said District, or any person interested may appear as a defendant in said action by serving and filing an answer to said complaint, in which case said answer shall set forth the facts relied upon to show the invalidity of the District and shall be served upon the County Counsel of the County of San Diego before being filed in such proceeding. Such proceeding is hereby declared to be a proceeding in rem and the final judgment rendered therein shall be conclusive against all persons whomsoever, including the District and the State of California.

§ 105-42 Performance bonds

Section 42. The Board may require any officer or employee to give bond for the faithful performance of the duties of his office, in such penal sum as may be fixed by the Board. When deemed expedient by the Board, a master bond may be used which shall provide coverage on more than one officer, employee or agent of the District who is required by the District to give bond. Such bond shall be in the form and for the term which is approved by the Board. The premium for such bond shall be paid by the District.

§ 105-43 Title to property

Section 43. The legal title to all property acquired under the provi­sions of this act shall immediately and by operation of law vest in said District, and shall be held by said District, in trust for, and is hereby dedicated and set apart to, the uses and purposes set forth in this act. The Board is hereby authorized and empowered to hold, use, acquire, manage, occupy and possess said property as herein provided; and said Board may determine, by resolution duly entered in their minutes that any property, real or personal, held by said District is no longer necessary to be retained for the uses and purposes thereof, and may thereafter sell, lease or other­wise dispose of said property in the manner prescribed by law for such action by counties; provided, however, that notwithstanding any other provision of law, the Board may grant an easement or permit for use of any real property of the District to the state, to any County, city, district, or public agency or corporation, to any public utility corporation or to any person upon such terms and conditions as the Board sees fit, upon a finding by the Board that the granting of the interest in land conveyed is in the public interest and will not substantially conflict or interfere with the use of said property by the District for the purpose for which it was acquired.

§ 105-44 Advisory services

Section 44. The Board by resolution may authorize the District to pro­vide advisory services relating to zoning or land use regulation, or advisory and inspection services relating to drainage plans for proposed subdivisions, to any County or city requesting the same and agreeing to reimburse the District for the cost of such services.

§ 105-45 Annexation of territory

Section 45. All or any portion of an incorporated city may be annexed to the District as a cooperating territory to allow for the District and the cooperating city to carry out any of the objects or purposes of the District. Annexations and detachments of cooperating territory shall be accomplished by resolution of the Board of Directors in response to a resolution of the cooperating city council requesting annexation to carry out a specific object or purpose of mutual benefit, as set forth in a formal agreement executed by the city council on behalf of the city territory and the Board on behalf of the District.

§ 105-46 Applicability of District Reorganization Act of 1965

Section 46. The annexation of territory lying within the District to any city shall automatically result in detachment of that territory from the District.

§ 105-47 Liberal construction

Section 47. This act, and every part thereof, shall be liberally con­strued to promote the object thereof, and to carry out its intents and pur­poses. Nothing contained herein shall be construed to limit or preclude the full exercise of any power or authority by any county, city, district, public or municipal corporation or authority or any political subdivision that may now or hereafter exist, wholly or in part, within or without the District, regarding the joint or separate planning, financing, sponsorship, design, construction, reconstruction, maintenance or repair of any project with or without participation of the District, although such be of the same or similar nature as those exercisable by the District.

§ 105-48 Partial invalidity

Section 48. If any provision of this act, or the application thereof to any person or circumstance, is held invalid the remainder of the act, or the application of such provision to other persons or circumstances, shall not be affected thereby.

§ 105-49 City detachment

Section 49. (a) The District, the County, and any city which is detached from the District as a result of the act which enacted this section shall negotiate a property tax exchange. Funds received by a city as a result of that negotiated property tax exchange shall be used by the city in city territory for flood control objects and purposes as defined in Section 5.

(b) The base revenue allocated to the District which is collected with­in each affected city shall be placed in an impound account for each affected city by the Auditor and Controller of the District until the property tax exchange for the affected city has been agreed to by resolutions of the District, the County, and the affected city.

(c) As to any unincorporated area annexed to the District as a result of the act which enacted this section, the County and the District may, but are not required to, negotiate a property tax exchange.

(d) Property tax revenues allocated to zones prior to July 1, 1985, shall be allocated as determined by the Board of Directors.

§ 105-50 Effective date of boundary

Section 50. Notwithstanding Sections 54902 and 54903 of the Government Code, the boundary changes resulting from the act which enacted this section shall be effective for taxation and assessment purposes for the 1985-86 fiscal year if the required statement and map are filed on or before July 1, 1985.

The boundary changes resulting from the act which enacted this section shall become effective July 1, 1985, except that, a city desiring to adopt a District ordinance by reference pursuant to Section 17.4 ,nay do so after January 1, 1985, and prior to July 1, 1985.

Sections 1 and 2 of this act shall become operative July 1, 1985.

§ 105-51 Transfer of Title to Cities

Section 51. Title to all easements and other real property owned by the District lying within the boundaries of an incorporated city shall on July 1, 1985, automatically vest solely in the City. Whenever an easement or other real property owned by the District is annexed to a City, title to the easement or other real property shall automatically vest solely in the City.