word "irrigation," "water conservation" by filing with the board of supervisors with which was filed the original petition for the organization of the district, a certified copy of a resolution of its board of directors adopted by the unanimous vote of all the members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings of such district shall be had under such changed name, but all existing obligations and contracts of the district entered into under its former name shall remain outstanding without change and with the validity thereof unimpaired and unaffected by such change of name. [New section added June 1, 1921; Stats. 1921, p. 1110.] § 110. Effect of statute on prior acts. Nothing in this act shall be construed as repealing or in any wise modifying the provisions of any other act relating to the subject of irrigation or water commissioners, except such as may be contained in the act, "An act entitled an act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes," approved March seventh, eighteen hundred and eighty-seven, and the subsequent acts supplementary thereto, and amendatory thereof, all of which acts, so far as they may be inconsistent herewith, are hereby repealed. § 111. Time of taking effect of statute. This act shall take effect from and after its passage and approval. § 112. Title. This act may be referred to in any action, proceeding or legislative enactment as "the California irrigation district act." [Amendment approved May 16, 1919; Stats. 1919, p. 669.] This section was added in 1917. See Stats. 1917, p. 769. Constitutionality of this act upheld in the following cases: San Joaquin Irr. Dist., In re Bonds of, 161 Cal. 345, 119 Pac. 198; Imperial Water Co. v. Board of Supervisors, 162 Cal. 15, 17, 20, 25, 120 Pac. 780. Section 4 of the act as adopted in 1897 is unconstitutional: Chinn v. Superior Court, 156 Cal. 478, 105 Pac. 580. Section 4 as amended by Stats. 1911 (Extra Sess.), p. 139, is unconstitutional in so far as it deprives the superior court of jurisdiction to review the proceedings of the board: Miller & Lux v. Supervisors of Madera County, 189 Cal. 254, 208 Pac. 304. The invalidity of § 4 does not affect the validity of the act in other portions: Imperial Water Co. v. Board of Supervisors, 162 Cal. 15, 20, 120 Pac. 780. The amendment of 1901, p. 815, adding § 15, enlarging the powers of directors, is constitutional: Byington v. Sacramento etc. Co., 170 Cal. 124, 131, 148 Pac. 791. Section 34 is constitutional: San Joaquin Irr. Dist., In re Bonds of, 161 Cal. 345, 119 Pac. 398. Section 39 is constitutional: Nevada etc. Bank v. Supervisors of Kern Co., 5 Cal. App. 638, 91 Pac. 122. The curative provisions of this act as amended in 1915, Stats. 1915, p. 1370, in so far as they attempt to make the findings of the supervisors as to benefits conclusive, deny due process of law: Miller & Lux, Inc., v. Supervisors of Madera Co., 189 Cal. 254, 208 Pac. 304. § 69. This section is void as not allowing a reasonable period of time to the property owner: Miller & Lux, Inc., v. Secara, 67 Cal. Dec. 548, 227 Pac. 171. § 72. This section is not void as being unreasonable: Miller & Lux, Inc., v. Secara, 67 Cal. Dec. 548, 227 Pac. 171. ACT 3855. An act relating to the bonds of irrigation districts, providing under what circumstances such bonds may become legal investments for the funds of banks, banking associations, trust companies, insurance companies and for the state school funds, and providing that such bonds may be deposited as security and providing for a commission for approving such bonds, for a report thereon, for the filing of such report and for the registration of such bonds in the office of the state controller. [Approved March 9, 1911. Stats. 1911, p. 322.] Probably superseded by Act of 1913, p. 778: See post, Act 3857. ACT 3856. An act relating to bonds of irrigation districts, providing under what circumstances such bonds may be made legal investments for the funds of banks, banking associations, trust companies, insurance companies, and for the state school funds and trust funds, and providing for the deposit of such bonds as security for public moneys, and providing for a commission for approving certain bonds of irrigation districts, for a report thereon, for the filing of such report, for a certificate of the state controller, and for the recording of such bonds in the office of the state controller. [Approved December 18, 1911. Stats. Ex. Sess. 1911, p. 3.] Probably superseded by Act of 1913, p. 778: See post, Act 3857. ACT 3857. An act relating to bonds of irrigation districts, providing under what circumstances such bonds shall be legal investments for funds of banks, insurance companies and trust companies, trust funds, state school funds and any money or funds which may now or hereafter be invested in bonds of cities, cities and counties, counties, school districts or municipalities, and providing under what circumstances the use of bonds of irrigation districts as security for the performance of any act may be authorized. § 1. [Approved June 13, 1913. Stats. 1913, p. 778.] Amended 1915, p. 692; 1917, p. 582; 1919, p. 1207; 1921, p. 1198. § 2. Report of commission on affairs of district. § 3. Report filed with controller and secretary of district. When entitled to controller's certificate. Unlawful to issue bonds not entitled to certificate. Controller's record of bonds certified to. § 3a. Provisions directory. § 3b. No expenditures without consent of commission. Inspection by department of engineering. 85c. Certification of irrigation district bonds by commission. § 4. Certificate of irrigation bonds. Form. Facsimile signature sufficient. $5. § 6. California bond certification commission created. § 7. Bonds certified legal investments for trust funds, etc. § 8. Water conservation districts included. § 1. Resolution declaring irrigation district bonds available. Whenever the board of directors of any irrigation district organized and existing under and pursuant to the laws of the state of California shall by resolution declare that it deems it desirable that any contemplated or outstanding bonds of said district, including any of its bonds authorized but not sold, shall be made available for the purposes provided for in section 7 of this act, the said board of directors shall thereupon file a certified copy of such resolution with the commission hereinafter provided for. § 2. Report of commission on affairs of district. Such commission, upon the receipt of a certified copy of such resolution, shall, without delay, make or cause to be made an investigation of the affairs of the district and report in writing upon such matters as it may deem essential, and particularly upon the following points: (a) The supply of water available for the project and the right of the district to so much water as may be needed. (b) The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for its irrigation and the probable need of drainage. (c) The feasibility of the district's irrigation system and of the specific project for which the bonds under consideration are desired or have been used, whether such system and project be constructed, projected or partially completed. (d) The reasonable market value of the water, water rights, canals, reservoirs, reservoir sites and irrigation works owned by such district or to be acquired or constructed by it with the proceeds of any of such bonds. (e) The reasonable market value of the lands included within the boundaries of the district. (f) Whether or not the aggregate amount of the bonds under consideration and any other outstanding bonds of said district, including bonds authorized but not sold, exceeds sixty per centum of the aggregate market value of the lands within said district and of the water, water rights, canals, reservoirs, reservoir sites, and irrigation works owned, or to be acquired or constructed with the proceeds of any of said bonds, by said district, as determined in accordance with paragraphs (d) and (e) in this section. (g) The numbers, date or dates of issue and denominations of the bonds, if any, which the commission shall find are available for the purposes provided for in section 7 of this act, and, if the investigation has covered contemplated bonds, the total amount of bonds which the district can issue without exceeding the limitation expressed in paragraph (f) of this section. § 3. Report filed with controller and secretary of district. When entitled to controller's certificate. Unlawful to issue bonds not entitled to certificate. Controller's record of bonds certified to. The written report of the investigation herein provided for shall be filed in the office of the state controller, and a copy of said report shall by the commission be forwarded to the secretary of the district for which the investigation shall have been made, and if said commission shall have found, as set out in said report, that the irrigation system of the district and the specific project for which the bonds under consideration are desired or have been used, whether such project be constructed, projected or partially completed, are feasible and that the aggregate amount of the bonds under consideration and any other outstanding bonds of said district, including bonds authorized but not sold, does not exceed sixty per centum of the aggregate market value of the lands, within said district and of the water, water rights, canals, reservoir, reservoir sites, and irrigation works owned or to be acquired or constructed with the proceeds of any of said bonds by said district, the bonds of such irrigation district, as described and enumerated in said report filed with the state controller, shall be certified by the state controller, as hereinafter provided for. If the commission shall be notified by the board of directors of any district whose irrigation system has been found in such report to be feasible that the district has issued bonds and the commission shall find that said bonds are for any project or projects approved in such report and that the amount of said bonds does not exceed the limitation stated in such report, the commission shall prepare and file with the state controller a supplementary report givinf the numbers, date or dates of issue and denominations of said bonds, which shall then be entitled to certification by the state controller as hereinafter provided for. Subsequent issues of bonds may be made available for the purposes specified in this act upon like proceedings by said district, but, after any of the bonds of an irrigation district have been enumerated and described as entitled to certification by the state controller as herein provided for, it shall be unlawful for that district to issue bonds that will not be entitled to such certification. It is hereby made the duty of the state controller to provide for filing and preserving the reports mentioned in this section and, also, to make, keep and preserve a record of the bonds certified by him in accordance with the provisions of section 4 of this act, including the date of certification, the legal title of the district, the number of each bond, its par value, the date of its issue and that of its maturity. § 3a. Provisions directory. The provisions of section two of this act as to the points upon which said commission shall report are directory inerely and the board may authorize such certification when in their opinion, subject to the provisions otherwise contained in this act, their findings justify such action. [New section added May 17, 1917; Stats. 1917, p. 583.] § 3b. No expenditures without consent of commission. Inspection by department of engineering. Whenever the bonds of any irrigation district have been certified as provided in this act, no expenditures shall be made from the proceeds of such bonds, nor shall any liability to be met from such proceeds be incurred, until there shall have been filed with and approved by said commission such a schedule of proposed expenditures of such proceeds as may be necessary to set forth to the satisfaction of said commission the plan proposed for carrying out the purposes for which said bonds were authorized, or such of said purposes as the district may, at the time of filing such schedule, desire to proceed with; and no expenditures from the proceeds of said bonds shall be made for any purpose not specified in such approved schedule or for any approved purpose in excess of the amount allowed therefor in such schedule without the consent of said commission; nor shall any expense of any kind be incurred in excess of money actually provided by levy of assessment or otherwise except as provided in section fifty-nine of the California irrigation district act. During the progress of any work to be paid for from the proceeds of any bond issue certified as in this act provided, the department of engineering, on behalf of the commission herein authorized, shall make from time to time, at the expense of the district, such inspection of the work as may be necessary to enable the said department to know that the plans approved by the commis sion are being carried out without material modification unless such modification has been approved by said commission. proved June 2, 1921; Stats. 1921, p. 1198.] [Amendment ap This section was also amended in 1917 (Stats. 1917, p. 583). § 3c. Certification of irrigation district bonds by commission. When. ever the surveys, examinations, drawings and plans of an irrigation district, and the estimate of cost based thereon, shall provide that the works necessary for a completed project shall be constructed progres sively over a period of years in accordance with section thirty of the California irrigation district act, and in accordance with a plan or schedule adopted by resolution of the board of directors of the district, it shall not be necessary for the commission to certify at one time all of the bonds that have been voted for the said completed project; but such bonds may be certified from time to time as needed by the district. If the commission shall certify all of the bonds necessary for the said completed project, even if said project is to be constructed progressively over a period of years in accordance with the aforesaid resolution of the board of directors, the bonds so voted and certified shall only be sold after prior written approval of the commission. [New section added May 25, 1919; Stats. 1919, p. 1207.] § 4. Certificate of irrigation bonds. Form. Facsimile signature sufficient. Whenever any bond of an irrigation district organized and existing as aforesaid, including any bond authorized in any such district but not sold, which shall be eligible to certification by the state controller under section 3 of this act, shall be presented to the state controller, he shall cause to be attached thereto a certificate in substantially the following form: Sacramento, Cal., (insert date). I, -, controller of the state of California do hereby certify that the within bond, No. trict, issued of the irrigation dis of issue No. (insert date), is, in accordance with an act of the legislature of California approved a legal investment for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds and any funds which may be invested in county, municipal or school district bonds, and it may be deposited as security for the performance of any act whenever the bonds of any county, city, city and county, or school district may be so deposited, it being entitled to such privileges by virtue of an examination by the state engineer, the attorney general and the superintendent of banks of the state of California in pursuance of said act. The within bond may also, according to the constitution of the state of California, be used as security for the deposit of public money in banks in said state. Controller of State of California. |