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not be necessary for such new appointee to perform any work already done by his predecessor, but simply to continue the same to completion. Upon the filing of the lists herein provided for, the duties and offices of said Commissioners of Assessment shall cease and determine. The compensation of said Commissioners of Assessment shall be fixed by the Board of Commissioners of the district.
SEC. 7. The Board of Commissioners of said district are commishereby authorized and empowered, from time to time, after sioners to the return of such assessment lists, to issue their bonds for the sum of one thousand dollars each, and not exceeding in the aggregate an amount equal to five (5) dollars per acre on the total amount of lands to be benefited in said district, as determined by the Commissioners of Assessment and stated. in their certificate attached to the assessment lists; provided, that the Board of Commissioners may, after the adoption of plans and the determination to proceed with such works, and before the return of the assessment lists, issue an amount of said bonds, not exceeding the sum of one hundred thousand (100,000) dollars. No bonds shall be issued under the provisions of this Act, except by the unanimous vote of all of the members of the Board of Commissioners. Each of said Bonds to bonds shall bear the same date, though issued at different bear same times; shall be signed by all the members of the Board and countersigned by the Secretary, and the seal of the Board shall be affixed thereto. The bonds shall be numbered consecutively in the order of their issue, and shall express on their face that they are issued by authority of this Act, stating its title and date of approval. Each of said bonds shall be made payable twenty years after date, with interest at the rate of seven (7) per cent. per annum, payable semi-annually, on the first days of April and October; and both the principal and interest thereof shall be payable only in the. gold coin of the United States of the present standard of weight and fineness, at the office of the Treasurer of the district. Coupons for the interest shall be attached to each bond. Said bonds may be sold from time to time, as required, at a rate not less than par, all coupons due or part due at the time of sale being remoyed and canceled. The Secretary Secretary to shall keep a record of all bonds sold, their number, the date keep record. of sale, the price received, and the name of the purchaser. The proceeds of the sale of bonds shall be paid by the purchasers into the treasury of the district, and shall there be kept as a special fund, to be called the "Colusa and Yolo Drainage District_Construction Fund," to be paid out as herein required. Each bond, on being sold, shall be countersigned and registered by the Auditor of the County of Colusa. Nothing in this Act contained shall be so construed as to render the State of California, or any county thereof, liable for any portion of the principal or interest of such bonds, or for any damage or injury that may result from the construction of any works or the performance of any act hereby authorized.
SEC. 8. Within five days after the first Monday in Sep
Board to increase assessment
Assessment tember in each year, the Board of Commissioners shall meet and levy an assessment upon the lands included in the assessment lists sufficient to raise the amount of the annual interest on the outstanding bonds, and on the probable amount of bonds to be sold thereafter on which interest will accrue during the ensuing year. The rate of such levy shall be ascertained by adding ten (10) per cent. to the amount to be raised, to allow for anticipated delinquencies, and dividing such amount by the total value of benefits stated on said lists; the quotient expressed in cents on each one hundred dollars of such valuation is the rate to be levied; provided, that if in such calculation a fraction of cent shall occur a full cent on each one hundred dollars of such valuation shall be added instead of such fraction. At the expiration of ten years from the date of the bonds, the Board must increase the assessment to be levied for the ensuing ten years in the following percentage of the principal of the whole amount. of bonds issued, to wit: For the eleventh year, five per cent.; for the twelfth year, six per cent.; for the thirteenth year, seven per cent.; for the fourteenth year, eight per cent.; for the fifteenth year, nine per cent.; for the sixteenth year, ten per cent.; for the seventeenth year, eleven per cent.; for the eighteenth year, thirteen per cent.; for the nineteenth year, fifteen per cent.; and for the twentieth year, a percentage sufficient to pay off said bonds. Upon the making of such levy in any year, the Board shall transmit to the Auditor of each of said counties a certificate of the rate so levied. Upon his receipt of such certificate, each of said Auditors shall compute, in dollars and cents, rejecting fractions of a cent, the amount of the assessment so levied upon each parcel of land described in the assessment list prepared for such county, and shall enter upon said list, in a separate money column, and opposite the description of such parcel of land, the amount so computed. Such amounts shall be collected by the Tax Collector of such county, at the same time and in the same manner as State and county taxes are collected; and all the provisions of Chapters Seven, Ten, and Eleven, of Title Nine, of Part Three, of the Political Code, so far as they can be made applicable, shall apply to such collection; provided, that no commission or percentage shall be allowed out of such moneys to any officer for any purpose. The moneys so collected shall be paid into the treasury of the district, and the Treasurer shall keep the same in a special fund, to be called "The Colusa and Yolo Drainage District Bond Fund," to be paid out only as herein provided.
Amounts assessed to constitute
SEC. 9. The amounts assessed under the provisions of section eight of this Act shall severally constitute liens upon the respective parcels of real estate upon which the same are assessed, from and after the date of the annual levy by the Board; which liens shall not be removed nor satisfied until such assessments are paid, or such property sold therefor. The owner of any parcel of land may, however, redeem his land from the lien of all future assessments, at any time, by paying to the Tax Collector of the county in which such lands are situated an amount, to be ascertained by multiply
lector to give certificate.
ing the amount for which bonds are hereby authorized to be issued by the amount of the value of benefits assessed against said parcel of land, and dividing the product so obtained by the total amount of the value of benefits assessed in said district; the amount so obtained is the amount to be paid. Upon such payment, the Tax Collector shall give to such Tax Colperson a certificate in duplicate, showing the amount paid, the date of payment, and the description of the land on which such full payment has been made, one copy of which shall be filed by the person making such payment with the Board of Commissioners of the district, and such person shall cause the other copy to be recorded by the Recorder of the county in which such lands are situated, in the books in which liens are recorded; and thereafter such lands shall not be liable to any future assessment under the provisions of this Act. If such payment be made before the sale of all of the bonds authorized by this Act to be sold, such moneys shall be paid into the Construction Fund, in like manner as moneys received from the sale of bonds, and the amount thereof shall be deducted from the amount of bonds authorized by this Act to be issued; but if such payment be made. after the issue and sale of all of such bonds, such money shall be paid into the bond fund.
SEC. 10. On the first days of April and October in each Treasurer to year, the Treasurer shall pay the interest on such bonds on pay interest the presentation of the coupons therefor. All payments of bonds. principal and interest on such bonds shall be made only out of such bond fund. Whenever the amount in said bond fund, exclusive of the amount necessary to pay one year's interest on the outstanding bonds, shall amount to ten thousand dollars, the Board shall direct the Treasurer to pay such an amount of said bonds as the money in said fund will redeem at the lowest price at which they may be offered for liquidation. Before making such direction, the Board shall advertise for three weeks, in at least one daily newspaper published in each of the Cities of San Francisco and Sacramento, for sealed proposals for the redemption of said bonds. Such proposals shall be opened by the Board at a Proposals for time to be named in the notice, and the lowest bid for such redemption bonds shall be accepted; but no bond shall be redeemed at a rate above par and accrued interest. In case the bids are equal, the bonds bearing the lowest numbers shall have the preference. In case no proposals are received at a rate not above par and accrued interest, the Board of Commissioners shall direct the Treasurer to redeem such amount of said bonds, in the order of their numbers, beginning with the lowest number. The Treasurer shall then advertise that fact for three weeks, in at least one daily newspaper published in each of the Cities of San Francisco and Sacramento, stating in the notice the number of the bonds to be redeemed, and that, at the expiration of sixty days from the first publication of such notice, all interest on such bonds will cease. At the maturity of said bonds, all interest thereon shall cease, if there be sufficient money in said bond fund for their redemption; and the Treasurer shall then advertise.
that fact for not less than two weeks, in at least one daily newspaper published in each of the Cities of San Francisco and Sacramento, and shall redeem such bonds upon presentation. The moneys in said bond fund shall not be used for any purpose other than the payment of the principal and interest of said bonds, until the whole thereof have been redeemed. Board to ac- SEC. 11. After the Board of Commissioners shall have quire right adopted plans and determined to commence and prosecute the works herein authorized, said Board shall proceed to acquire all lands and rights of way that may be required for such works, either by gift, purchase, or condemnation, and for that purpose may institute and carry on proceedings under the provisions of Title Seven, of Part Three, of the Code of Civil Procedure. There is hereby granted, dedicated, and set apart, for the purposes herein mentioned, the right of way over all lands belonging or that may belong to the State, and the right to divert into said canal or canals. any water flowing over or upon any lands in said district. The Board of Commissioners shall have power to construct the said works across any stream of water, water-course, bay, lake, street, avenue, highway, railway, canal, ditch, flume, dam, or levee, which the route of said canals may intersect or cross, in such manner as to afford security for life and property; but said Commissioners shall restore the same, as near as may be, to its former state, or in a sufficient manner not unnecessarily to impair its usefulness; provided, that said Board of Commissioners shall not be required, as a condition to crossing any road, to construct any bridge, unless such road is usually passable for travel throughout the winter season, nor unless the Court or jury shall find that such bridge will be of sufficient public importance to warrant the expense of the construction of the same. In constructing said canals and condemning lands or rights of way therefor, said Board shall not be confined within the boundaries of said district, but may construct such canals, or condemn such lands, as well without as within said boundaries. SEC. 12. After acquiring necessary rights of way, the for proposals Board shall, from time to time, give notice, by publication for sections of not less than three weeks in at least one newspaper published in each of said counties, and in the City of San Francisco, inviting sealed proposals for the construction of one or more sections of such work, including the furnishing of any material required therefor; for which purpose the Board of Commissioners shall divide the work into a suitable number of sections. The notices shall state the time at which proposals will be opened, the time at which each section must be commenced, and the time within which the same must be completed. The Board may also require a certified check or certificate of deposit, payable to their order, for such sum as they may direct, to accompany each bid as a guarantee of good faith, the same to be forfeited to the district in case the bidder fails to enter into any contract awarded to him. The Board may reject all bids and readvertise; but no contract shall, in any event, be awarded to any but the lowest bidder.
Right of way not
confined to boundaries.
Board may readvertise.
In case no bids are received, or in case all of the bids received are, in the opinion of the Board, unreasonable or excessive, the Board may, in its discretion, cause such work to be done. under its direction, in such manner as it may deem proper. The Board may also cause any urgent repairs to be made in any of the works without advertising for proposals.
SEC. 13. All claims under contracts, or for salaries, wages, Claims; how or other expenses, shall be paid only out of the Construction paid. Fund. Neither said Board of Commissioners nor any other officer of said district shall have power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the amount of bonds hereby authorized to be issued; and any debt or liability in excess of said amount shall be and remain absolutely void.
SEC. 14. All meetings of the Board of Commissioners, for All proceedthe purpose of adopting plans, determining upon the com- ings to be mencement of work, canvassing election returns, appointing Commissioners of Assessment, levying assessments, opening proposals, awarding contracts, or approving work done under contract, shall be open and public. The records of the Board, and of every officer of said district, and all the plans, maps, and other papers thereof, shall, at all times during reasonable office hours, be open to inspection by any person. On the first Monday in April, in the year eighteen hundred and seventy-nine, and annually thereafter, said Board shall Board to make and file with the Board of Supervisors of the County make report. of Colusa a full and detailed account and report of all proceedings had under this Act since the date of the next preceding report, and shall transmit duplicates of such report to the Clerk of the Board of Supervisors of the County of Yolo, and to the State Surveyor-General.
SEC. 15. Each member of the Board of Commissioners Compensashall receive compensation at the rate of one hundred and tion of Comfifty dollars per month while actually engaged on the busi- and other ness of the district, as also his actual and necessary expenses incurred while traveling on such business. The Treasurer shall receive a salary of fifty dollars per month. The Board shall fix the compensation of the Secretary, not exceeding one hundred dollars per month. Each member of the Board of Bonds to be Commissioners, and each Treasurer and Secretary, shall, before entering upon the duties of his office, file in the office of the Secretary of State a bond, with sureties, to be approved by the Attorney-General, for the amount herein specified, payable to the people of the State of California, and conditioned for the faithful performance of the duties of his office; which bond may be sued upon by any person injured. The bond of each member of the Board of Commissioners shall be in the penal sum of twenty thousand dollars. The Board shall fix the amounts of the bonds of the Treasurer and Secretary.
SEC. 16. Any Commissioner, Treasurer, Secretary, Com- officers actmissioner of Assessment, engineer, officer, or employé of ing or voting said district, who shall, in any manner, either directly or penalty for. indirectly, be interested in any contract awarded, or to be awarded, or in the profits to be derived therefrom, or who