Sign In Sign-Up

Welcome!

Close

Would you like to make this site your homepage? It's fast and easy...

Yes, Please make this my home page!

No Thanks

  Don't show this to me again.

Close

An ACT to create a flood control district to be called Alameda County Flood Control and Water Conservation District; to provide for the control and conservation of flood and storm waters and the protection of watercourses, watersheds, harbors, public highways, life and property from damage or destruction from such waters; to prevent the waste of water or the diminution of the water supply in, or the exportation of water from said district, and to import water into said district and to obtain, retain and reclaim drainage, storm, flood and other waters and to save and conserve all or any of such waters for beneficial use in said district; to authorize the incurring of indebtedness, the issuance and sale of bonds, and the levying and collection of taxes and assessments on property within said district and in the respective zones thereof; to provide for the government, management, and operation of said district and for the acquisition and construction of property and works to carry out the purposes of the district; to define the powers of said district and its officers, including the power to engage in recreational activities incidental to and in connection with said purposes.

1. Citation of act
2. Alameda County Flood Control and Water Conservation District created: Territory
3. Establishment of zones
4. Objects and purposes of act
5. Corporate and political status: Powers
5.1. Control, salvage, etc., of waste and storm water: Facilities and contracts
5.2. Issuance of time warrants: Interest: Payment
6. Board of Supervisors: Compensation and expenses: Ordinances, resolutions and other legislative acts
6.1. Advisory commission: Compensation: Expenses
7. Officers, assistants, deputies, and employees: Funds from which expenses paid: Exceptions: Transfer or assignment to perform work for county
8. Powers of board: Civil service commission and civil service department
9. Employment of civil engineers: Reports: Contents: Supplementary, amendatory and additional reports and recommendations
10. Determination of projects and improvements
11. Institution of projects
11.1. Same: Exclusiveness of preceding section
12. Levy and collection of taxes and assessments
12.1. Collection of fees for facilities furnished: Disposition of proceeds
12.2. Resolution to establish special drainage areas: Lands which may be included or excluded: Construction of facilities: Dedication of facilities to public: Contract with developer: Fees: Separate fund: Expenditures: Approval of plans and specifications: Collections and replacement of cost
12.3 Resolution, notice, and hearing of protests prior to establishing special area
12.4 Alternative proceedings under improvements acts in Streets and Highways Code: Related definitions, documents, powers, duties, etc.: Recordation of assessment and diagram
13. Bonds: Resolution: Election: Posting map: Publication of election ordinance: Defects and irregularities: Favorable vote required
14. Same: Form of bonds
15. Same: Sale of bonds
16. Same: Payment: Liability of zones for indebtedness
17. Same: Levy and collection of taxes or assessments to pay principal and interest
18. Application of other laws: Liability of officers upon bonds: Exemption of property from taxation and assessment
19. District validly created: When creation of zones effective: Assessment and equalization of property for 1949-1950
20. Bonds of district as legal investments
21. Bonds exempt from taxation: District declared a reclamation and irrigation district
22. [Repealed]
23. Improvement for which bonds voted to be made in conformity with report, etc.
24. Issuance of additional bonds
24.1. Issuance of revenue bonds; Election in zone(s); Prior approval by zone board
25. Failure of proposition to issue bonds to receive requisite number of votes: Subsequent election
26. Repeal or amendment of act: Effect
26.1 Withdrawal of area within chartered or incorporated city
27. Rights of way
28. [Repealed]
28.1. [Repealed]
29. Claims against district
30. Property of district
31. Determination of legality of existence of district
32. Bonds of officers and employees
33. Temporary investment of proceeds of sale of bonds of zone
34. Construction of act
35. Separability provision
36. Provisions applicable to establishment, government, operation and financing of zone in Pleasanton or Murray Township
37. Annexation of new territory to zone: Petition, hearing, etc.
38. Operation and financing of zone in Washington Township
39. Replenishment assessments: Purpose: Levy: Applicable procedures and regulations

1. Citation of act

This act shall be known and may be cited as the Alameda County Flood Control and Water Conservation District Act.

2. Alameda County Flood Control and Water Conservation District created: Territory

A flood control district is hereby created to be called the Alameda County Flood Control and Water Conservation District. Said district shall consist of all the territory of the County of Alameda lying within the exterior boundaries of said county. As used in this act “district” means the Alameda County Flood Control and Water Conservation District.

3. Establishment of zones

The board of supervisors of the district created by this act, by resolution thereof adopted from time to time, may establish zones within said district without reference to the boundaries of other zones, setting forth in such resolutions descriptions thereof by metes and bounds and entitling each of such zones by a zone number, and institute zone projects for the specific benefit of such zones.

Proceedings for the establishment of such zones may be conducted concurrently with and as a part of proceedings for the instituting of projects relating to such zones, which proceedings shall be taken and had in the manner prescribed in Section 11 of this act; provided, that before acquiring authority to proceed with the establishment of any zone the exterior boundaries of which will include any land lying within the exterior boundaries of any chartered or incorporated city within the district, the board of supervisors shall first obtain the concurrence of such city to conduct such proceedings, such concurrence to be evidenced by a resolution or ordinance adopted by a majority of the members of the city council of such city, or by a vote of a majority of the qualified electors residing in such city or portion thereof to be included in said zone voting at any regular or special election on said proposition; said election shall in all particulars be held as provided by law for holding a municipal election in said city and the cost thereof shall be a city charge.

4. Objects and purposes of act

The objects and purposes of this act are to provide for the control of the flood and storm waters of said district and the flood and storm waters of streams that have their source outside of said district, but which streams and the flood waters thereof flow into said district, and to conserve such waters for beneficial and useful purposes by spreading, storing, retaining and causing to percolate into the soil within said district, or without such district, such waters, or to save or conserve in any manner all or any of such waters and protect from such flood or storm waters the watercourses, watersheds, harbors, public highways, life and property in said district, and to prevent waste of water or diminution of the water supply in, or exportation of water from said district and to obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use in said district, and to engage in recreation activities incidental to and in connection with said purposes.

5. Corporate and political status; Powers

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 succession.

2. To sue and be sued in the name of said district.

3. To adopt a seal.

4. To acquire by grant, purchase, lease, gift, devise, contract, construction, 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, and to construct, maintain, alter and operate any and all works or improvements, within or without the district, necessary or proper to carry out any of the objects or purposes of this act and convenient to the full exercise of its powers, and to complete, extend, add to, alter, remove, repair or otherwise improve any works, or improvements, or property acquired by it as authorized by this act.

5. To store water in surface or underground reservoirs within or outside of the district for the common benefit of the district or of any zone or zones affected; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district and to conserve within or outside of the district, water for any purpose useful to the district; to commence, maintain, intervene in, defend or compromise, in the name of the district, or otherwise, and to assume the costs and expenses of, any action or proceeding involving or affecting the ownership or use of waters or water rights within or without the district, used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend and compromise and to assume the cost and expenses of any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of, or to declare rights in the natural flow of any stream or surface or subterranean supply of waters used or useful for any purpose of the district or of common benefit to the lands within the district or to its inhabitants; to prevent unlawful exportation of water from said district; to prevent contamination, pollution or otherwise rendering unfit for beneficial use the surface or subsurface water used or useful in said district, and to commence, maintain and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands, or use of water in, or flowing into, the district; provided, however, that said district shall not have power to intervene or take part in, or to pay the costs or expenses of, actions or controversies between the owners of lands or water rights which do not affect the interest of the district.

6. To control the flood and storm waters of said district and the flood and storm waters of streams that have their sources outside of said district, but which streams and the floodwaters thereof, flow into said district, and to conserve such waters for beneficial and useful purposes of said district by spreading, storing, retaining and causing to percolate into the soil within or without said district, or to save or conserve in any manner all or any of such waters and protect from damage from such flood or storm waters the watercourses, watersheds, harbors, public highways, life and property in said district, and the watercourses outside of the district of streams flowing into the district, and to prevent waste of water or diminution of the water supply in, or exportation of water from said district, and to obtain, retain and reclaim drainage, storm, flood and other waters for beneficial use in said district; provided, that nothing in this act contained shall authorize the carrying out of any plan of improvement, the purpose of which is, or the effect of which will be, to take water which flows in any watershed in said district and transport or sell same for use anywhere outside of the district when the water level of any gravel beds within the district is below the normal level and such water could reasonably be used to replenish the water level of said gravel beds; provided further, that none of the provisions of this act shall preclude the exercise by any other politica1 subdivision that may now or hereafter exist, wholly or in part, within the district from exercising its powers, although such powers may be of the same nature as the powers of said district.Any such other political subdivision may, by written agreement with the district, provide for the use, or joint use, of property or facilities in which any such other political subdivision has an interest, or for the use, or joint use, of property or facilities in which said district has an interest.

7. 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 Alameda, in the construction of any work for the controlling of flood or storm waters of or flowing into said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

8. To carry on technical and other investigations of all kinds, make measurements, collect data and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for such purposes said district shall have the right of access through its authorized representatives to all properties within said district. The district, through its authorized representatives may enter upon such lands and make examinations, surveys, and maps thereof.

9. To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways and other rights-of-way; to acquire by purchase, lease, contract, gift, devise, or other legal means all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and to hold, the capital stock of any mutual water company or corporation, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights, when the ownership of such stock is necessary to secure a water supply required by the district or any part thereof, upon the condition that when holding such stock, the district shall be entitled to all the rights, powers and privileges, and shall be subject to all the obligations and liabilities conferred or imposed by law upon other holders of such stock in he same company; to enter into and do any acts necessary or proper for the performance of any agreement with or necessary to comply with an act of authorization of the United States, or any state, county, 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 acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair or operation of any rights, works or other property of a kind which might be lawfully acquired or owned by said Alameda County Flood Control and Water Conservation District; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnels, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them for the transfer or delivery to any such district, corporation, association, firm or individual of any water right or water pumped, stored, appropriated or otherwise acquired or secured, for the use of the Alameda County Flood Control and Water Conservation District, or for the purpose of exchanging the same for other water, water right or water supply in exchange for water, water right or water supply to be delivered to said district by the other party to said agreement.

10. To incur indebtedness and to issue bonds in the manner herein provided.

11. 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.

12. To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district or any of the officers thereof by this act.

13. To exercise the right of eminent domain, either within or without said 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, of any public utility which is required to be moved to a new location.

No right shall exist in said district to take any proceedings in eminent domain any property, including water rights, appropriated to public use by any existing city and county or municipal utility district. Nothing in this act contained shall be deemed to authorize said district, or any person or persons to divert 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 city and county or municipal utility district to provide for a water supply for such city and county or municipal utility district, or as affecting the absolute control of any properties of such city and county or municipal utility district necessary for such water supply and nothing herein contained shall be construed as vesting any power of control over such properties in such Alameda County Flood Control and Water Conservation District or in any officer thereof, or in any person referred to in this act.

No action in eminent domain to acquire water rights outside the boundaries of the County of Alameda shall be commenced unless the board of supervisors of each affected county has consented to such acquisition by resolution.

14. 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 inhabitants of the district, as an incident to the carrying out of the projects of the district and on land acquired or used for the flood control, drainage and water conservation purposes of this act; to construct, maintain, and operate any other amusement or recreational facilities on such lands, including picnic benches and tables, bath-houses, golf courses, tennis courts, or 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 board shall not, for the purposes specified in this subdivision, interfere with 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 or municipality, except with the consent of the governing body of such district or municipality, and upon terms as may be mutually agreed upon between the board and the governing body.

15. The powers hereinabove granted shall include the design, construction, or maintenance of any levees, seawalls, groins, breakwaters, jetties, outlets, channels, harbors, basins, or other work pertaining thereto, in such manner as to render them adaptable and useful to shoreline, beach, harbor, navigation, park or marina development or use, and to do such work in cooperation with any other public or quasi-public agency or corporation concerned with such development or use.

16. To establish 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 for any of the following reasons:

(a) To prevent impediment of the natural flow of water;

(b) To protect life and property;

(c) To prevent damage from flooding, bank caving, or erosion;

(d) To prevent the pollution of waters.

[Amended by Stats 1959 ch 1373 § 1 p 3646; Stats 1961 ch 1565 § 1 p 3384; Stats 1963 ch 2029 § 4 p 4174; Stats 1975 ch 584 1, operative July 1, 1976.]

5.1. Control, salvage, etc., of waste and storm water: Facilities and contracts

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:

To control, distribute, store, spread, sink, treat, purify, recapture and salvage any water, including but not limited to sewage waters for the beneficial use or uses of the district or its inhabitants or the owners of rights to waters therein.The district may also acquire, construct, and operate facilities for the collection, treatment, and disposal of sewage, waste and storm water of the district and its inhabitants and may contract with any public agency concerning facilities and services.

[Added by Stats 1965 ch 1079 § 1 p 2728.]

5.2. Issuance of time warrants: Interest: Payment

The district, for any district purpose, has the authority to issue time warrants bearing interest at a rate not exceeding six percent (6%) per annum which shall be general obligations of the district, or any zone thereof, payable from revenues and assessments of the district or any zone thereof. Such warrants shall be payable not later than five years from the date thereof and the total aggregate amount of such warrants of the district or any one zone outstanding at any one time may not exceed the lesser of either two million dollars ($2,000,000) or one percent (1%) of the assessed valuation of the taxable real property in the district or zone for which such time warrants are issued.

[Added by Stats 1965 ch 1107 § 1 p 2753.]

6. Board of Supervisors: Compensation and expenses: Ordinances, resolutions and other legislative acts

The Board of Supervisors of Alameda County shall be and is hereby designated as, and empowered to act as, ex officio the Board of Supervisors of the Alameda County Flood Control and Water Conservation District. As used elsewhere in this act the terms “board” and “board of supervisors” mean the Board of Supervisors of the Alameda County Flood Control and Water Conservation District.

Each member of the Board of Supervisors of the Alameda County Flood Control and Water Conservation District shall receive as compensation for his services twenty-four dollars ($24) per month and his actual and necessary expenses in the performance of official duties under this act, payable from the funds of said district in addition to his salary as county supervisor.

All ordinances, resolutions and other legislative acts for said district shall be adopted by said board of supervisors, and certified to, recorded and published, in the same manner, except as herein otherwise expressly provided, as are ordinances, resolutions or other legislative acts for the County of Alameda.

6.1. Advisory commission: Compensation: Expenses

The board may appoint a commission consisting of nine (9) members to assist and advise said board in the institution of projects or works of improvement, and the board may by ordinance provide for compensation for services and payment of the actual necessary expenses incurred by said members in the performance of official duties under this act, payable from the funds of the district. Members of the advisory commission shall serve at the pleasure of the board.

[Amended by Stats 1957 ch 644 § 1 p 1847.]

7. Officers, assistants, deputies, and employees: Funds from which expenses paid: Exceptions: Transfer or assignment to perform work for county

The district attorney, county surveyor, county assessor, county tax collector, county clerk, county auditor, purchasing agent and county treasurer of the County of Alameda, and their successors in office, and all their assistants, deputies, clerks and employees, and all other officers of said Alameda County, their assistants, deputies, clerks and employees, shall be ex officio officers, assistants, deputies, clerks and employees, respectively, of said Alameda County Flood Control and Water Conservation District, and shall respectively perform, unless otherwise provided by the board, the same various duties for said district as for said Alameda County, in order to carry out the provisions of this act.

All such officers, 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 the Alameda County Flood Control and Water Conservation District; provided, however, that the board may by agreement with the county reimburse it for the services rendered to the district by 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.

[Amended by Stats 1957 ch 988 § 1 p 2227.]

8. Powers of board: Civil service commission and civil service department

The board shall have 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 a chairman, a secretary and such other officers, agents and employees for the board or district as in its judgment may be deemed necessary, prescribe their duties and fix their compensation. Such officers, agents and employees shall be appointed under and pursuant to the civil service rules and regulations of the County of Alameda; provided, however, that the chairman and secretary of the board, and experts, consultants or technical or other advisors for particular purposes and laborers, employed for a temporary period, may be appointed by the board without reference to any classified civil service list.

The Civil Service Commission of the County of Alameda and the civil service department of said county shall be ex officio the civil service commission and ex officio the civil service department of the Alameda County Flood Control and Water Conservation District and said commission and the members of 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.

9. Employment of civil engineers: Reports: Contents: Supplementary, amendatory and additional reports and recommendations

The board shall have jurisdiction and power by resolution to employ competent registered civil engineers to investigate and carefully devise a plan or plans to control the flood and storm waters of the district, and the zones thereof, and the flood and storm waters of streams that have their sources outside of said district but which streams and flood waters thereof flow into said district, and to conserve such waters for beneficial and useful purposes by spreading, storing, retaining or causing to percolate into the soil within or without the district, or to save or conserve in any manner, any or all of such waters, and to protect the public highways, life and property within the district, and the watercourses, harbors, and watersheds of streams flowing into the district, from damage relating to such waters; and to obtain such other information in regard thereto as may be deemed necessary or useful for carrying out the purposes of this act; and such resolution may direct such engineer or engineers to make and file reports from time to time with the board, which shall show:

1. A general description of the work proposed to be done, together with general plans, profiles, cross-sections, and general specifications relating thereto, on each project or work of improvement.

2. A general description of the lands, rights of way, easements and property proposed to be taken, acquired or injured in carrying out said work.

3. A map or maps which shall show the location and zones, as may be required, of each of said projects or improvements, and lands, rights of way, easements and property to be taken, acquired or injured in carrying out said work, and any other information in regard to the same that may be deemed necessary or useful.

4. An estimate of the cost of each project or work of improvement, including an estimate of the cost of lands, rights of way, easements and property proposed to be taken, acquired or injured in carrying out said project or work of improvement, and also of all incidental expenses incurred or likely to be incurred in connection therewith, including legal, clerical, engineering, superintendence, inspection, printing and advertising, and stating the total amount of bonds, if any, necessary to be issued to pay for the same.

Such engineer or engineers shall from time to time and as directed by the board file with the board supplementary amendatory and additional reports and recommendations, as necessity and convenience may require.

10. Determination of projects and improvements

The board shall determine which projects or works of improvement shall be carried out and shall determine, as to each project or work of improvement, that it is either:

1. For the common benefit of the district as a whole; or

2. For the benefit of two or more zones hereinafter referred to as participating zones; or

3. For the benefit of a single zone.

11. Institution of projects

The board may institute projects for single zones and joint projects for two or more zones, for the financing, constructing, maintaining, operating, extending, repairing or otherwise improving any work or improvement of common benefit to such zone or participating zones. For the purpose of acquiring authority to proceed with any such project, the board shall adopt a resolution specifying its intention to undertake such project, together with the engineering estimates of the cost of same to be borne by the particular zone and in the case of participating zones the proportionate cost to be borne by each of the participating zones and fixing a time and place for public hearing of said resolution and which shall refer to a map or maps showing the general location and general construction of said project. Notice of such hearing shall be given by publication pursuant to Section 6066 of the Government Code in a newspaper of general circulation, circulated in such zone or each of said participating zones, 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 or in each of said participating zones. Publication shall be complete at least seven days before the date of the hearing. Said notice must designate a public place in such zone or in each of said participating zones where a copy or copies of the map or maps of said joint project may be seen by any interested person; said map must be posted in each of said public places so designated in said notice at least two weeks prior to said hearing.

At the time and place fixed for the hearing, or at any time to which said hearing may be continued, the board shall consider all written and oral objections to the proposed project.Upon the conclusion of the hearing the board may abandon the proposed project or proceed with the same, unless prior to the conclusion of said hearing a written protest against the proposed project signed by a majority in number of the holders of title to real property, or assessable rights therein, or evidence of title thereto, representing one-half or more of the assessed valuation of the real property within such zone or within any of the participating zones for which said project was initiated, be filed with the board, in which event further proceedings relating to such project must be suspended for not less than six months following the date of the conclusion of said hearing, or said proceeding may be abandoned in the discretion of the board.

In all matters in this section referred to, the last equalized assessment roll of the County of Alameda next preceding the filing of the protest shall be prima facie evidence as to the ownership of real property, the names and number of the persons who are the holders of title or evidence of title, or assessable rights therein, and as to the assessed valuation of real property within the zone or within any of the participating zones for which the project was initiated.

Executors, administrators, special administrators and guardians may sign the protest provided for in this act on behalf of the estate represented by them. If the property is assessed in the name of such representatives, that fact shall establish the right of such representatives to sign the protest; if assessed in the name of the decedent, minor or incompetent person, certified copies of the letters or such other evidence as may be satisfactory to the board must be produced.

Where real property appears to be owned in common or jointly or by a partnership, or where letters of representatives of decedents, minors or guardians are joint, only one of the owners or representatives or partners may sign the protest for all joint owners or representatives or partners; provided, the party claiming the right to protest for all produces the written consent of his co-owners or representatives or partners so to do; provided further, that where real property appears to be owned in common or jointly by husband and wife either may sign the protest without the written consent of the other.

Where real property is assessed in the name of a trustee or trustees, such trustee or trustees shall be deemed to be the person entitled to sign the protest, and if assessed in the name of more than one trustee the right to sign the protest shall be determined in like manner as above provided with respect to co-owners.

The protest of any public or quasi-public corporation, private corporation or unincorporated association, may be signed by any person authorized by the board of directors or trustees or other managing body thereof, which authorization shall be in writing; and a proxy executed by an officer or officers thereof, attested by its seal, shall constitute sufficient evidence of such authority, and shall be filed with the board.

The owner of any real property or interest therein, appearing upon the assessment roll, which has been assessed in the wrong name or to unknown owners, or which has passed from the owner appearing as such on the last equalized assessment roll, since the same was made, shall be entitled to sign the protest represented thereby, either by the production of a proxy from such former owner, or by furnishing evidence of his ownership by a conveyance duly acknowledged showing the title to be vested in the person claiming the right to sign the protest, accompanied by a certificate of a competent searcher of titles, certifying that a search of the official records of the county, since the date of the conveyance, discloses no conveyance or transfer out from the grantee or transferee named in the conveyance.

Where the real property has been contracted to be sold, the vendee shall be entitled to sign the protest, unless such real property is assessed in the name of the vendor, in which event the vendor shall be entitled to so do.

The board shall likewise be entitled to inquire and take evidence for the purpose of identifying any person claiming the right to sign the protest as being the person shown on the assessment roll or otherwise as entitled thereto. And, unless satisfactory evidence is furnished, the right to sign said protest may be denied.

[Amended by Stats 1955 ch 486 § 1 p 958; Stats 1957 ch 357 § 256 p 1115.]

11.1. Same: Exclusiveness of preceding section

The provisions of Section 11 of this act shall be exclusive in determining the proper procedure for the institution of projects under this act, any other provision of law notwithstanding.

[Added by Stats 1951 ch 1629 § 1 p 3672.]

12. Levy and collection of taxes and assessments

The board shall have power, in any year:

1. To levy ad valorem taxes or assessments upon all property in the district to pay the general administrative costs and expenses of the district, and to carry out any of the objects or purposes of this act of common benefit to the district: provided, however, that said ad valorem tax or assessment shall not exceed one and one-half cents ($0.015) on each one hundred dollars ($100) of assessed valuation, and

2. To levy taxes or assessments in each or any of said zones and participating zones to pay the cost and expenses of carrying out, constructing, maintaining, operating, extending, repairing or otherwise improving any or all works or improvements established or to be established within or on behalf of said respective zones, according to the benefits derived or to be derived by said respective zones, by either of the following methods:

(a) By a levy or assessment upon all property within a zone or participating zone, including land, improvements thereon, and personal property;

(b) By a levy or assessment upon all real property within a zone or participating zones, including both land and improvements thereon.

(c) By a levy or assessment upon less than all of the area or property within a zone, where some property within a zone is specially benefited and where the remainder of the area or property within the zone is not specially benefited.

It is declared that for the purposes of any tax or assessment levied under this subdivision, the property so taxed or assessed within a given zone is equally benefited.

3. To levy taxes or assessments by either method authorized by subdivision 2 of this section in each or any of said zones, according to the special benefits derived or to be derived by the specific properties therein, to pay the cost and expenses of carrying out any of the objects or purposes of this act of special benefit to such zone or zones, including the constructing, maintaining, operating, extending, repairing, or otherwise improving any or all works of improvement established or to be established within or on behalf of said respective zone or zones.

In the event of project cooperation with any of the governmental bodies as authorized in subdivision 7 of Section of this act, and requiring the making of a contract with any such governmental body for the purposes set forth in said subdivision 7, by the terms of which work is to be performed by any such governmental body in any specified zone or participating zones, for the particular benefit thereof, and by said proposed contract the district is to pay to such governmental body, a sum of money in consideration or subvention for the performance of said work by such governmental body, the board may, after proceedings in the manner prescribed in Section 11 of this act, levy and collect a special tax or assessment upon the property in such zone or participating zones,whereby to raise funds to enable the district to make such payment, in addition to other taxes or assessments herein otherwise provided for.

Said taxes or assessments shall be levied and collected together with and not separately from taxes for count purposes, and the revenues derived from said district taxes or assessments shall be paid into the county treasury to the credit of said district, or the respective zones thereof, and the board shall have the power to control and order the expenditure thereof for said purposes; provided, however, that no revenues, or portions thereof, derived in any zone from the taxes or assessments levied under the provisions of subdivision 2 or 3 of this section shall be expended for constructing, maintaining, operating, extending, repairing or otherwise improving any works or improvements located in any other zone, except in the case of joint projects, or for projects authorized or established outside such zone, or zones, but for the benefit thereof.

In cases of projects joint to two or more zones, such zones will become, and shall be referred to as, participating zones. Any such assessment shall be a lien on the real property upon which it is levied and shall be of the same force andeffect as liens for taxes, and the collection thereof may be enforced by the same means as provided for the enforcement of liens for county taxes. So far as applicable, all provisions of law relating to equalization, levy, payment, and collection of county taxesshall apply to such assessments.

The collection of any fee, charge or assessment to be levied under either Section 12.1 or Section 12.2 of this act may be collected by the district notwithstanding any other provisions contained herein.

[Amended by Stats 1953 ch 149 § 1 p 920, effective April 9, 1953; Stats 1959 ch 567 § 1 p 2527, effective May 25, 1959; Stats 1965 ch 1997 § 1 p 4523.]

12.1. Collection of fees for facilities furnished or for land development services provided; Disposition of proceeds

The board also may prescribe, revise, and collect fees or charges for facilities furnished or to be furnished to any area, new building, improvement or structure that will benefit from any flood control, storm drainage, water conservation or supply or sewerage system constructed or to be constructed in a zone of the district. Revenues derived under this section shall be used for the acquisition, construction, engineering, reconstruction, maintenance, and operation of the flood control, storm drainage, water, or sewerage facilities of the said zone, or to reduce the principal or interest of any bonded indebtedness thereof.

The board may also provide that any fees or charges collected pursuant to Section 12.2 of this act may be credited to or deducted from any fees or charges imposed under this section.

The board may also prescribe, revise, and collect fees or charges for land development services provided by the district, not to exceed the reasonable cost of the services provided to the recipient thereof. “Land development services” means tract plan checking for (1) connections to flood control facilities, (2) hydraulic capacity, (3) erosion control, and (4) other matters related to flood control and watershed protection. The district shall not levy such a fee or charge for services rendered for the benefit of a federal or state agency or for the benefit of a city, a county, a city and county, a district, a public authority, or other political subdivision of the state.

[Added by Stats 1953 ch 1148 § 1 p 2648; amended by Stats 1965 ch 1833 § 1 p 4229; Stats 1980 ch 662 § 1.]

12.2. Resolution to establish special drainage areas: Lands which may be included or excluded: Construction of facilities: Dedication of facilities to public: Contract with developer: Fees: Separate fund: Expenditures: Approval of plans and specifications: Collections and replacement of cost

The board of supervisors, by resolution thereof adopted from time to time, may establish special drainage areas within the district without reference to the boundaries of other zones or special drainage areas, setting forth in such resolutions descriptions thereof by metes and bounds and entitling each of such areas by an area designation or number, and institute 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 within the district, the board shall first obtain the concurrence of such city by a resolution or ordinance adopted by a majority of the members of the city council of such city.

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 adequately served by existing local drainage facilities serving the area at the time of the adoption of a plan for additional drainage facilities.

Whenever drainage facilities, conforming to the instituted drainage plan, are required in the development of any land within a special drainage area and where, in the opinion of the board, it is necessary that other 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 contracts 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. Fees may be collected pursuant to this section for payment of all or any portion of any such drainage facility costs 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 fees are fairly apportioned within the local drainage area on the basis of benefits conferred on property within the area. The fee as to any property within the special drainage area may be charged as a condition precedent to the development of such property, and no building permit therefor shall be issued until payment thereof, and said 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 assessable 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.

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.

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

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.

[Added by Stats 1963 ch 1612 § 1 p 3205; Amended by Stats 1965 ch 1076 § 1 p 2725.]

12.3. Resolution, notice, and hearing of protests prior to establishing special area

Prior to the establishment of any special benefit area pursuant to Section 12.1 or special drainage area pursuant to Section 12.2 of this act, the board shall adopt a resolution specifying its intention to establish such benefit area or special drainage area. Such resolution shall refer to a map or maps showing the general location of such area and be accompanied by a proposed ordinance prescribing whatever fees and charges are to be imposed therein and fixing a time and place for public hearing of the resolution.

The notices required to be given for such hearing, the procedures to be followed at such hearing, including objections, protests and persons qualified to enter a protest shall comply substantially with the requirements of Section 11 of this act. The provisions of this section shall be exclusive in determining the proper procedure for the establishment of any special benefit area pursuant to Section 12.1 or special drainage area, pursuant to Section 12.2, any other provision of law notwithstanding.

[Added by Stats 1965 ch 1075 § 1 p 2724.]

12.4. Alternative proceedings under improvements acts in Streets and Highways Code: Related definitions, documents, powers, duties, etc.: Recordation of assessment and diagram

As an alternative to the provisions of this act, the provisions of the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 may be applicable for the construction of any facility within the powers of the district. The rights, powers, duties, responsibilities and jurisdiction conferred upon the various boards, officers, and agents of a city by the acts specified above shall be exercised by the corresponding board, officers, and agents of the district. In the application of the acts specified above, the proceedings instituted by the district, the terms used in the acts specified above have the following meaning:

(a) “City council” or “council” means the board of supervisors of Alameda County Flood Control and Water Conservation District.

(b) “Municipality” or “city” means the district.

(c) “Superintendent of streets,” “street superintendent” or “city engineer” means the director of public works of the district.

(d) “Tax collector” means the county tax collector.

(e) “Treasurer” or “city treasurer” means the treasurer of the district.

(f ) “Mayor” means the chairman of the board.

(g) “Clerk” and “city clerk” mean the clerk to the board of supervisors.

(h) “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 the purpose of constructing or maintaining any district works or improvements.

The rights, powers, duties, responsibilities, and jurisdiction conferred upon officers and agents of cities by the acts specified herein shall be exercised or assumed, as the case may be, by the respective boards, officers and agents of the district.

The improvements herein authorized to be constructed are restricted to those permitted to be constructed or acquired pursuant to the powers of the district.

No assessment or bond hereafter levied or issued pursuant to any of the improvement acts specified herein 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 recorder if the improvement district or any part thereof is unincorporated territory and the superintendent of streets of the city or cities of the improvement district or any part thereof is in incorporated territory.

[Added by Stats 1965 ch 1074 § 1 p 2723.]