Whenever any holder of outstanding bond or bonds shall have consented to such exchange, the board may, by resolution entered in its minutes, order the refunding of such bonds. The resolution shall designate the numbers denominations, dates of maturity and aggregate principal amounts of the bonds so to be refunded and shall provide for the issuance of refunding bonds in exchange therefor, the form, numbers, denominations, dates of maturity and aggregate principal amounts of which shall be the same as the bonds so to be refunded. The resolution shall also fix the rate of interest said refunding bonds shall bear, which rate shall be less than the rate provided in the bonds to be refunded. The resolution shall also fix the form of the interest coupons attached to said refunding bonds, which shall be the same as the bonds so to be refunded, excepting that the rate and amounts of interest shall be less as hereinabove provided. The refunding bonds shall be signed by the chairman of the board or such other member of the board as said board may by resolution designate, and shall be countersigned by the treaasurer of the district, and the seal of said district shall be affixed thereto. The interest coupons shall be numbered consecutively and signed by the treasurer of said district by his engraved or lithographed signature. In case any officer whose signature or countersignature appears on said bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signature or countersignature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery of the bonds. Each refunding bond may be exchanged for its corresponding outstanding bond as the board by agreement with the holder of such outstanding bond may determine, except that in effecting such exchange, any and all matured coupons on said refunding bonds shall be detached and canceled and the principal and accrued interest of both issues shall be accepted at par value and the district shall pay said holder in cash out of moneys in the bond interest fund of the district an amount equal to the difference between the interest on the outstanding bond and on the refunding bond accrued to the date of such exchange. When any refunding bonds shall have been exchanged, taxes shall be levied and collected to pay the principal and interest thereof as provided by Section 28, all the provisions of which section shall apply to said refunding bonds to the same extent as to original issues. The refunding bonds shall also be legal inevstments for fiduciaries and others as provided in Section 25. SEC. 28. The board shall at the time for fixing the general tax levy for county purposes and in the manner of such general tax levy provided, levy and collect annually each year until said bonds are paid or until there shall be a sum in the treasury of such district set apart for that purpose to meet all sums coming due for principal and interest on said bonds, a tax sufficient to pay the annual interest on said bonds and also such part of the principal thereof as shall become due before the time for fixing the next general tax levy. There may be included in such tax a sum sufficient, in the judgment of the board to take care of anticipated delinquencies, except that if the maturity of the indebtedness created by the issuance of bonds be made to begin more than one year after the date of the issuance thereof, tax shall be levied and collected annually at the time and in the aforesaid manner, in an amount sufficient to pay the interest on said indebtedness as it falls due and also to constitute a sinking fund for the redemption thereof on or before maturity. The tax herein required to be levied and collected shall be in addition to all other taxes levied for district purposes and shall be collected at the time and in the same manner as other district taxes are collected, and be used for no other purpose than the payment of said bonds and accruing interest. Such tax shall be levied upon all taxable property within the district excluding any property belonging to any county, municipality, or political subdivision within the district, or property belonging to the State of California or the United States. If the district has been divided into zones and the percentage of the amount to be raised for the redemption of principal and interest of said bonds from each such zone has been determined as provided in this act, the said amount of said tax levied shall be divided according to said percentage, and the percentage to be raised from the taxable property within each zone shall be levied upon and against the property in such zone as hereinbefore provided. The provisions of law of this State prescribing the time and manner of levyIng. assessing, equalizing and collecting county property taxes including the sale of property for delinquency, and for redemption from such sale, and the duties of the several county officers with respect thereto, so far as they are applicable, and not in conflict with the specific provisions of this act, are hereby adopted and made a part hereof. Such officers shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this act. The board shall take the assessment on the equalized roll of the County of Mendocino as the basis for district taxes and for its taxes collected by the county officials of said county. On or before the first of August the board shall die with the auditor a certified copy of the map or plat showing the zones and the perven tage of the amount to be raised from each zone. Thereafter each year all assess ments shall be made and taxes collected for such district by the county assessor and tax collector, respectively, of said County of Mendocino. The auditor of such county must, on or before the second Monday of August of each year, transmit to the board a statement in writing showing the total value of all property within the district, which value shall be ascertained from the equalized roll of such county for that year. Said statement shall also show the total value of all property in each of said zones respectively. The board shall, on or before the first week day in September, or if such week day falls upon a holiday, then upon the first business day thereafter, nx the rate of tax for each zone, and designate the number of cents upon each one hundred dollars ($100) on the equalized roll, which rate of taxation shall be sufficient to raise the amount previously fixed by the board as herein above prescribed. Such acts by the board shall constitute a valid assessinent of the property and a valid levy of the tax so fixed. The board must immediately thereafter transmit to the county auditor a statement of the rate of taxes SO fixed by said board for each zone into which the district may be divided and the county auditor shall enter such rate upon the county tax roll. Such taxes so levied shall be collected at the same time and in the same manner as county taxes and when collected the net amount ascertain as hereinafter provided shall be paid to the treasurer of the district under the general requirements and penalties provided by law for the settlement of other taxes. All taxes levied under the provisions of this act shall be a lien upon the property on which they are levied and unless the board has by resolution otherwise provided the enforcement of the collection of such taxes shall be had in the same manner and by the same means as provided by law for the enforcement of the liens for state and county taxes, all provisions of law relating to the enforcement of the latter being hereby made a part of this act. The amount of compensation to be charged by and paid to the county for the performance of service, as in this section provided, for and on behalf of such district, shall be fixed by agreement between the Board of Supervisors of the County of Mendocino, and the board, except that such compensation shall not exceed one-half percent of all moneys collected for such district as in this act provided. The amount so collected by such county shall be placed to the credit of the county salary fund. SEC. 29. Notwithstanding Section 3720 of the Political Code, the Mendocino County Flood Control and Water Conservation District is validly created for the purposes of assessment and taxation. The creation of any zone in the Mendocino County Flood Control and Water Conservation District shall not be effective for the purposes of assessment or taxation for the Fiscal Year 1949-1950 and shall not be effective for such purposes for any fiscal year thereafter unless the statement and map or plat required by Section 3720 of the Political Code are filed with the county assessor and the State Board of Equalization on or before the first of February of the year in which the assessments or taxes are to be levied. Until such time as the creation of any zone shall be effective for purposes of assessment or taxation, any tax or assessment levied by the board suall be levied at a uniform rate on all property in the Mendocino County Flood Control and Water Conservation District. For the Fiscal Year 1949-1950, but for no other fiscal year, notwithstanding Section 28 of this act, the assessment and equalization of property for the purp of district taxation shall be effected as provided in this section. Assessments of the district for the Fiscal Year 1949-1950 are liens on the property the same as if they were county taxes, except that the district assessment liens attach as of noon on the day after this act becomes effective. It is presumed that the assessments of property made by the county assessor and by the State Board of Equalization for county taxation purposes for the Fiscal Year 1949-1950 are the correct assessments for purposes of asses ment by the district and the rolls prepared by the county assessor and the State Board of Equalization shall be used for purposes of levying and collect ing the assessments for the district. If the ownership or taxable situs or value of any property changes between noon on the first Monday in March 1949 and the date on which attaches the lien for assessments of the district for the Fiscal Year 1919-1950, then, on petition of the taxpayer affected to the assessing authority, suitable entry shall be made on the assessment roll, in the manner prescribed by the State Board of Equalization, to indicate such change in the ownership or taxability or value of the property for purposes of assessment by the district. In equalizing the assessments made by the county assessor, the Board of Supervisors of Mendocino County, sitting as the county board of equalization, in addition to its regular equalization duties, shall also, in the same manner and under the same rules, equalize the valuation of property for purposes of assessment by the district in accordance with the requirements of this section and any such changes made by the county board of equalization in the assessment roll shall be entered in the manner prescribed by the State Board of Equalization. If, for purposes of assessments by the district, a change in the assessment for County taxation purposes is not sought under this section before the end of the period during which such assessment may be equalized, or corrected on a petition for reassessment, such assessment, if valid for county taxation purposes is conclusively presumed to be the correct assessment for assessment purposes of the district. The board may prescribe by ordinance any necessary procedure, in accordance with the policy of this act, for the purpose of assessing, equalizing, levying, and collecting taxes or assessments for the district for the Fiscal Year 1949-1950. Except as provided in this section, Section 28 of this act is applicable to the assessment and equalization of property for the purpose of district assessments for the Fiscal Year 1949-1950. SEC. 30. After the first bond election in the district at which bonds shall be authorized by the electors of said district the board shall have power, in any year, to levy a tax upon the taxable property in said district as provided in Section 28 at the time and in the manner set forth therein, to carry out any of the objects or purposes of this act, and to pay the costs and expenses of maintaining, operating, extending, and repairing any work or improvement of said district for the ensuing fiscal year. The board shall have power to control and order the expenditures for said purposes of all revenue so derived, except that taxes levied under this section for any one year shall not exceed five cents ($0.05) on each one hundred dollars ($100) of the assessed valuation of the property in said district as said assessed valuation is shown on the last preceding assessment records for state and county purposes. Such tax shall be in addition to any tax levied to meet the bonded indebtedness of said district and all interest thereon. If said district has been divided into zones, the taxes to be levied as provided in this section shall be apportioned in accordance with the zones established for the levying and collection of taxes to pay the principal and interest of the bonds of the district. SEC. 31. The provisions of this act relative to the performance of official duty as to any time or place, the form of any resolution, notice, order, list, certificate of sale, deed, or other instrument shall be deemed directory. No bond, coupon, assessment, or installment thereof, or of the interest or penalties thereon, or certificate of sale or deed shall be held invalid for error in the computation of the proper amount due on the same; provided, the error be found to be comparatively negligible or be found to be one in favor of the owner of the property affected thereby. SEC. 32. This act shall be liberally construed to the end that the purposes may be effective. No error, irregularity, informality and no neglect or omission of any officer of the district in any procedure taken hereunder which does not directly affect the jurisdiction of the beard to order the work done or improvement to be made shall void or invalidate such proceedings or any assessment for the cost of work or improvement done thereunder. SEC. 33. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of this act, or the application of such provision to other persons or circumstances, shall not be affected thereby. SEC. 31. This act shall be known as the Mendocino County Flood Control and Water Conservation District Act. Mr. BUSCH. In closing, I would just like to say that the Board of Supervisors of Mendocino does strongly urge that this project have favorable consideration. Thank you very much. Senator MCCLELLAN. Thank you. Are there any questions? (No response.) Mr. SCUDDER. I would like to present Mr. Wallace, Sonoma County engineer. STATEMENT OF MARSHALL WALLACE, COUNTY SURVEYOR AND ROAD COMMISSIONER, SONOMA COUNTY, CALIF. Senator MCCLELLAN. You may proceed, sir, if you will first identify yourself to the reporter and state your official position. Mr. WALLACE. My name is Marshall Wallace. I am the county surveyor and road commissioner of Sonoma County, Calif. I am appearing before you gentlemen in the interest of the Russian River project which has just been explained to you by the Engineer Corps. In my official position I am cognizant of these problems. My first experience in this particular position, which I now hold, was in 1937; I have held it since then. We had a major flood in 1937; we had another in 1940, and another in 1945. The river running through the agricultural land between Healds burg and Cloverdale is in need of channel correction and stabilization; this is particularly true adjacent to the town of Geyserville. I have prepared a statement here which I would like to submit in the interest of time, gentlemen. Senator MCCLELLAN. Thank you. It may be submitted and printed in full in the record. (The statement referred to is as follows:) STATEMENT OF MARSHALL WALLACE, SONOMA COUNTY SURVEYOR AND ROAD COMMISSIONER Mr. Chairman and gentlemen of the committee, my name is Marshall Wallace. I am the county surveyor and road commissioner of Sonoma County, Calif. I have held this office since March 1937. I am appearing before you to stress the importance of the Russian River project as submitted by the Army engineers in the matter of flood control. Since the stream and watershed is adequately described in the report, I shall not infringe upon your time by repetition. Due to my official position, I am cognizant of the flood problems along the Russian River and Dry Creek by reason of personal observation, and cooperation with the Cloverdale and Dry Creek flood-control districts in their efforts: to control the streams, with levees and revetments for the protection of farm lands from loss due to floods. Floods causing severe damage have been recorded in 1937, 1940, and 1945. Subsequent to the 1937 flood, an inventory of flood losses was made in cooperation with the State engineer, which inventory revealed that losses to railways, highways, utilities, industries, farm and recreation properties, etc., in Sonoma and Mendocino Counties, totaled $2,253,219. (A detailed break-down of this inventory is submitted with this presentation—attached,) Subsequent to 1937, we have evidence of expenditures for flood protection along the river and the lower reaches of Dry Creek by subdivisions of government as follows: 1. Russian River, in Sonoma County, July 1, 1938, to June 26, 1945: County funds.. State funds (emergency fund). Cloverdale flood-control district_ Total $58, 237.36 18,850.89 3.894.84 13,657.85 1.267.30 95,908, 24 In addition to the foregoing expenditures, through subdivisions of government, private individuals as of June 1945 expended $27,975 in the area between Geyserville and Healdsburg. It can be reasonably estimated that unreported private expenditures along the balance of the stream are in excess of this figure. Immediately prior to the passage of the Sonoma County Flood Control Act, of which Mr. McGoldrick has previously testified, residents of Geyservilie concerned with the possibility of flood recurrence had prepared the necessary documents and maps for the purpose of organizing a local flood-control district, fearing that delay in the commencement of the Russian River project would jeopardize their farms. Further progress is temporarily in abeyance awaiting action by the Congress. The condition of the river adjacent to and northerly of Geyserville can best be illustrated by the photograph herewith submitted, which indicates a condition immediately south of the city of Healdsburg and is comparable to the Geyserville section. The conditions shown are to be corrected by channel straightening and bank protection. The protective features constructed by local subdivisions of government and by private parties are by their very nature effective only in ordinary high waters; the construction of the Coyote Dam will increase their effectiveness by reducing the flow at flood season. It is respectfully submitted that since 1938 the counties of Sonoma and Mendocino, together with groups and organizations, have been working toward the solution contained in the engineers' report on the Russian River. Your favorable action is solicited. Estimate by State engineer of amount of damage in Sonoma County due to flood of December 1937 Railway systems: Northwestern Pacific R. R. Co.: Bridges and culverts_ Roadbed and right of way. Petaluma & Santa Rosa Ry. (unsegregated). State highways (unsegregated) County roads: Bridges and culverts__. Roadbed Other roads and streets: City of Healdsburg (bridge). Farm roads_-_. Farm bridges_ Telephone and telegraph systems: no damages reported____ Gas and electric systems: Pacific Gas & Electric Co.: power- and telephone-lines substations Irrigation and domestic water supplies: City of Healdsburg Farm canals and ditches filled up... Urban improvements, homes, and businesses: Houses Household effects- Industries in rural areas: theater____ $117 2, 031 1,500 $3.648 5,000 22,100 23, 750 45, 850 200 5,000 0 4, 400 300 8.600 3,900 49, 500 45, 000 35,000 |