Article 2. Transfers By Counties of California Water Code >> Division 5. >> Part 1. >> Chapter 3. >> Article 2.
Drainage improvements authorized to be transferred and
conveyed by this article are those which lie within the territorial
limits of the flood control district to which they are conveyed, and
are included in one or all of the following classes:
(a) Those which were constructed under the jurisdiction, control,
or supervision of the board of supervisors of the county, and which
are under the jurisdiction of the board.
(b) Those which were constructed by or for the county or any
drainage district or flood control district in such county.
(c) Those constructed pursuant to the provisions of an act
entitled "An act to promote the drainage of wet, swamp and overflowed
lands, and to promote the public health in communities in which they
lie," approved March 21, 1903, as amended, and those which have been
constructed pursuant to the provisions of the Drainage District
Improvement Act of 1919, as amended, prior to January 1, 1937.
(d) Those within any city in such county whose legislative body
has transferred and conveyed such drainage improvements to a flood
control district, pursuant to Article 3 of this chapter.
Any county within the limits of which there are drainage
improvements within any of the classes mentioned in Section 8155 may,
by a four-fifths vote of the members of the board of supervisors,
transfer and convey all, but not less than all, of the drainage
improvements in the county and within such classes to any flood
control district in the county. The flood control district shall
thereupon assume sole control and jurisdiction over such drainage
improvements.
The flood control district to which such drainage
improvements are transferred shall, upon acceptance of such transfer
by four-fifths vote of the members of the governing body of the
district, assume and provide for the operation, maintenance, and
repair thereof, and thereupon be and become solely liable for the
payment of the principal upon the bonds of any drainage improvement
district, including bonds of districts secured by and payable out of
a fund derived from specific or direct assessments which are a lien
against particular parcels of land issued pursuant to the Drainage
District Improvement Act of 1919, maturing subsequent to the date of
such conveyance and transfer and for the payment of the interest upon
the bonded debt of such drainage district represented by coupons
maturing subsequent to the date of transfer.
From and after the date of transfer no tax shall be levied
upon the lands within any such drainage district for the payment of
the subsequently maturing principal and interest upon bonds of such
district, except such levy as may be made by the flood control
district. However, the lands within such drainage district or
districts shall be and remain liable for the payment of all of the
following:
(a) All previously maturing principal and interest.
(b) All levies of drainage district taxes theretofore levied.
(c) All installments of specific or direct assessments theretofore
due or delinquent.
The proceeds of the collection of such drainage district taxes and
assessments shall be applied solely and exclusively to the payment
of the principal and interest for which they were levied, and the
surplus, if any, of the proceeds of such collections shall be
deposited in the county treasury to the credit of the interest and
sinking fund of the flood control district and used solely and
exclusively for the payment of principal and interest of the bonds of
the flood control district.