The Improvement Act of 1911 and the Improvement Bond Act of 1915 are applicable to county drainage districts formed under this part. After approving and adopting the engineer’s report as provided in Chapter 5 (commencing with Section 56050) of this part, the district board may order the work contained in the said report to be done in whole or in part pursuant to the provisions of the Improvement Act of 1911 or the Improvement Bond Act of 1915 and the costs thereof assessed upon the real property benefited, all in the manner provided by the Improvement Act of 1911 or the Improvement Bond Act of 1915.
County Drainage DistrictsApplication of Other Statutes
Section § 56100
This law allows county drainage districts in California to use the procedures outlined in the Improvement Act of 1911 and the Improvement Bond Act of 1915 for planning and implementing drainage projects. After the district board approves the engineer's report, they can move forward with the work and spread the costs to the property owners who benefit from the improvements.
county drainage districts Improvement Act of 1911 Improvement Bond Act of 1915
Section § 56101
This section explains how certain terms should be interpreted when applying specific laws to this part of the water code. The terms have been given new meanings: 'City council' and 'council' refer to a 'board'; 'city' and 'municipality' mean 'district'; 'clerk' and 'city clerk' refer to 'secretary'; 'superintendent of streets', 'street superintendent', and 'city engineer' mean the 'engineer of the district' or a designated person; 'tax collector' refers to 'county tax collector'; 'treasurer' and 'city treasurer' refer to anyone handling and paying the district's funds; and 'right of way' means land used by the district for sewer construction and maintenance.
In the application of those acts to proceedings under this part, the terms used in those acts shall have the following meanings:
(a)CA Water Code § 56101(a) “City council” and “council” mean board.
(b)CA Water Code § 56101(b) “City” and “municipality” mean district.
(c)CA Water Code § 56101(c) “Clerk” and “city clerk” mean secretary.
(d)CA Water Code § 56101(d) “Superintendent of streets,” “street superintendent,” and “city engineer” mean the engineer of the district, or any other person appointed to perform such duties.
(e)CA Water Code § 56101(e) “Tax collector” means county tax collector.
(f)CA Water Code § 56101(f) “Treasurer” and “city treasurer” mean any person or official who has charge of and makes payment of the funds of the district.
(g)CA Water Code § 56101(g) “Right of way” means any parcel of land through which a right of way has been granted to the district for the purpose of constructing and maintaining a sewer.
term interpretation city council meaning municipality definition
Section § 56102
This law section means that the responsibilities and authority originally given to city officials and boards through certain acts must be carried out by the corresponding officials and boards within a district.
The powers and duties conferred by those acts and supplementary acts upon boards, officers, and agents of cities shall be exercised by the respective boards, officers, and agents of the district.
district authority city officials boards responsibilities
Section § 56103
This law requires that for any new assessment or bond related to property improvements to become official and enforceable, a certified copy of that assessment, along with a diagram, must be recorded. If the area is not part of a city (unincorporated), it needs to be recorded with the county surveyor. If the area is part of a city (incorporated), it must be recorded with the city's superintendent of streets. Until these steps are taken, the bond or assessment isn't considered a legal notice or lien on the property.
No assessment or bond hereafter levied or issued shall become a lien and no person shall be deemed to have notice thereof until a certified copy of said assessment and the diagram thereto attached shall be recorded in the office of the county surveyor, if the improvement district or any part thereof is in unincorporated territory, and with the superintendent of streets of the city or cities, if the improvement district or any part thereof is in incorporated territory.
assessment recording bond recording property improvement lien
Section § 56104
This law states that if a district board wants to proceed with a project from the district engineer's report using the Improvement Act of 1911 or the Improvement Bond Act of 1915, they can bypass the usual rules in the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. However, this is only possible if the board passes a resolution with a four-fifths vote, stating the work is essential for public welfare. Importantly, if more than 20% of property owners in the district protest the work during hearings, the board can't make this decision.
Notwithstanding any other provision contained in the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 to the contrary, in the event the district board shall order the work contained in the report prepared by the district engineer pursuant to Chapter 5 (commencing with Section 56050) of this part to be done in whole or in part pursuant to the provisions of the Improvement Act of 1911 or the Improvement Bond Act of 1915, the provisions of the said Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not be applicable to such work if the district board so declared by resolution duly adopted by four-fifths vote after a finding that said work is necessary for the public welfare, which finding shall not be made by the district board if, prior to the conclusion of the hearing on said report as provided in Chapter 5, the owners of more than 20 percent of the total assessed value of the taxable property within the district file written protests against the doing of said work.
district board resolution public welfare Improvement Act of 1911
