California Assembly Bill AB2554 Introduced / Bill

 BILL NUMBER: AB 2554INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Brownley FEBRUARY 19, 2010 An act to amend Sections 2 and 16 of the Los Angeles County Flood Control Act (Chapter 755 of the Statutes of 1915), relating to the Los Angeles County Flood Control District. LEGISLATIVE COUNSEL'S DIGEST AB 2554, as introduced, Brownley. Los Angeles County Flood Control District. Existing law, the Los Angeles County Flood Control Act, establishes the Los Angeles County Flood Control District and authorizes the district to control and conserve the flood, storm, and other wastewater of the district. The act declares the district to be a body corporate and politic, and to have various powers, including the power to cause taxes to be levied and collected for the purpose of paying any obligation of the district. This bill would make various technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2 of the Los Angeles County Flood Control Act (Chapter 755 of the Statutes of 1915), as amended by Section 33 of Chapter 1276 of the Statutes of 1975, is amended to read: Sec. 2. The objects and purposes of this act are to provide for the control and conservation of the flood, storm and other waste waters of said district, and to conserve  such   these  waters for beneficial and useful purposes by spreading, storing, retaining or causing to percolate into the soil within  said   the  district, or to save or conserve in any manner, all or any of  such   these  waters, and to protect from damage from  such  flood or storm waters, the harbors, waterways, public highways and property in  said   the  district.  Said   The  Los Angeles County Flood Control District is hereby declared to be a body corporate and politic, and  as such shall have power   has all the following powers  : 1. To have perpetual succession. 2. To sue and be sued in the name of  said   the district in all actions and proceedings in all courts and tribunals of competent jurisdiction. 3. To adopt a seal and alter it at pleasure. 4. To take by grant, purchase, gift, devise or lease, hold, use, enjoy, and to lease or dispose of real or personal property of every kind within or without the district necessary to the full exercise of its power. 5. To acquire or contract to acquire lands, rights-of-way, easements, privileges and property of every kind, and construct, maintain 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 to complete, extend, add to, repair or otherwise improve any works or improvements acquired by it as herein authorized. Construction or improvement of existing facilities may involve landscaping and other aesthetic treatment in order that the facility will be compatible with existing or planned development in the area of improvement. 6. To exercise the right of eminent domain, either within or without the district, to take any property necessary to carry out any of the objects or purposes of this act. 7. To incur indebtedness, and to issue bonds in the manner herein provided. 7a.  In addition to the powers given in the next preceding subsection, to   To  borrow money from the United States of America, any agency or department thereof, or from any nonprofit corporation, organized under the laws of this state, to which the Reconstruction Finance Corporation, a corporation organized and existing under and by virtue of an act of Congress, entitled "Reconstruction Finance Corporation Act," or other agency, or department, of the United States government, has authorized, or shall hereafter authorize, a loan to enable  such  nonprofit corporation to lend money to  said   the  Los Angeles County Flood Control District, for any flood control work authorized under this act, and to repay the same, in annual installments, over a period of not to exceed twenty (20) years, with interest at a rate of not to exceed four and one-fourth per centum (41/4%) per annum, payable semiannually, and, without the necessity of an election when authorized by resolution of the board of supervisors, as evidences of  such   that  indebtedness,  said   the  district is hereby authorized to execute and deliver a note, or a series of notes, or bonds, or other evidences of indebtedness, signed by the  chairman   chairperson  of the board of supervisors of  said   the  district, which notes, bonds, or other evidences of indebtedness, shall be negotiable instruments if so declared in  said   the  resolution of the board of supervisors providing for their issuance, and  said  notes, bonds, or other evidences of indebtedness, may have interest coupons attached to evidence interest payments, signed by the facsimile signature of  said chairman   the chairperson  of  said '   the  board. All applications for  such   these  loans shall specify the particular flood control work or projects for which the funds will be expended, and when received, the money shall be deposited in a special fund, and shall be expended for those purposes only which are described and referred to in the applications. If a surplus remains after the completion of  said   the  work,  such   the  surplus shall be applied to  ;  the payment of the note, notes, bonds, or other evidences of indebtedness, executed as aforesaid, for the loan including interest coupons. The board of supervisors shall annually  ,  levy a tax upon the taxable real property of  said   the  district, clearly sufficient to pay the interest and installments of principal, as the same shall become due and payable, under any loan made pursuant to the authority of this section, and to create and maintain a reserve fund to assure the prompt payment thereof, as may be provided by  said  resolution of the board of supervisors  ; provided, however, that   . However,  the amount of taxes levied in any year, pursuant to  the provisions of  this subsection, shall, pro tanto, reduce the authority of the board of supervisors, during any  such  year, to levy taxes under Section 14 of this act, but this proviso shall not be a limitation upon the power and duty to levy and collect taxes under this subsection. Notwithstanding any other provisions of law, interest earned on funds representing the proceeds of bonds of the district shall be deposited and retained in the reserve fund of the district to meet the principal and interest falling due on  such   these  bonds. Notwithstanding anything in this subsection  7a  to the contrary, the total amount  which said   the  district may borrow under the authority of any or all of the provisions of this subsection is limited to and shall not exceed in the aggregate the sum of four million five hundred thousand dollars ($4,500,000). 7b. The power granted in the next preceding subsection is hereby extended to authorize the issuance and sale of bonds or other evidences of indebtedness of  said   the  district to the County of Los Angeles and the purchase thereof by  said   the  county in accordance with "An act authorizing the investment and reinvestment and disposition of any surplus moneys in the treasury of any county, city and county, incorporated city or town or municipal utility district or flood control district," approved April 23, 1913, as amended; all subject to the provisions and limitations of the next preceding subsection relative to the disposition and use of funds, interest rate, period of repayment, tax rate and mode of issuance. The total amount of bonds or other evidence of indebtedness, in the aggregate, which the district may issue and sell under the authority of subsection 7a and of this subsection is limited to and shall not exceed four million five hundred thousand dollars ($4,500,000). 8. To cause taxes to be levied and collected for the purpose of paying any obligation of the district in the manner  hereinafter  provided  in this section  . 9. To make contracts, and to employ for temporary services only, expert appraisers, consultants and technical advisers, and to do all acts necessary for the full exercise of all powers vested in  said   the  district, or any of the officers thereof, by this act. 10. To grant or otherwise convey to counties, cities and counties, cities or towns easements for street and highway purposes, over, along, upon, in, through, across or under any real property owned by  said   the  Los Angeles County Flood Control District. 11. To remove, carry away and dispose of any rubbish, trash, debris or other inconvenient matter that may be dislodged, transported, conveyed or carried by means of, through, in, or along the works and structures operated or maintained hereunder and deposited upon the property of  said   the  district or elsewhere. 12. To pay premiums on bonds of contractors required under any contract  wherein   if  the amount payable to the contractor exceeds five million dollars ($5,000,000); provided, that the specifications in  such   these  cases shall specifically so provide and state that the bidder shall not include in his  or her  bids the cost of furnishing the required bonds. 13. To lease, sell or dispose of any property (or any interest therein) whenever in the judgment of  said   the  board of supervisors  said   of   the  property, or any interest therein or part thereof, is no longer required for the purposes of  said   the  district, or may be leased for any purpose without interfering with the use of the same for the purposes of  said   the  district, and to pay any compensation received therefor into the general fund of  said   the  district and use the same for the purposes of this act  ; provided, however, that   . However,  nothing herein shall authorize the board of supervisors or other governing body of the district or any officer thereof to sell, lease or otherwise dispose of any water, water right, reservoir space or storage capacity or any interest or space therein except to public agencies for recreational purposes when  such   the  use is not inconsistent with the use thereof by the district for flood control and water conservation purposes; or except as  hereinafter  provided by Section 17 of this act  ; provided, however, that   said   However,   the  district may grant and convey to the United States of America, or to any federal agency authorized to accept and pay for  such   the  land or interests in land, all lands and interests in land, now owned or hereafter acquired, lying within any channel, dam or reservoir site, improved or constructed, in whole or in part, with federal funds, upon payment to the district of sums equivalent to actual expenditures made by it in acquiring the lands and interests in land so conveyed and deemed reasonable by the Secretary of War and the Chief of Engineers. 14. To provide, by agreement with other public agencies or private persons or entities or otherwise, for the recreational use of the lands, facilities, and works of  such   the  district which shall not interfere, or be inconsistent, with the primary use and purpose of  such   the  lands, facilities, and works by  such   the  district. 15. In addition to its other powers, the district shall have the power to preserve, enhance, and add recreational features to its properties and upon a finding by the board of supervisors that the acquisition is necessary for  such   those  purposes, to acquire, preserve, enhance, and add recreational features to lands or interests in lands contiguous to its properties, for the protection, preservation, and use of the scenic beauty and natural environment for  such   the  properties or  such   the  lands and to collect admission or use fees for  such   the  recreational features where deemed appropriate. The  said  district by or through its board of supervisors, or other board or officers at any time succeeding to the duties or functions of its board of supervisors, is hereby authorized and empowered to warrant and defend the title to all land and interests therein so conveyed to the United States of America or to any  such  agency and  their   its  respective assigns; to covenant and agree to indemnify and keep indemnified and to hold and save harmless and exonerated the United States of America or any  such  agency, to which  such  lands or any interest therein are so conveyed by  said   the  district, from and against all demands, claims, liabilities, liens, actions, suits, charges, costs, loss, damages, expenses and attorneys' fees of whatsoever kind or nature, resulting from, arising out of or occasioned by any defect or defects whatsoever in the title to any  such  land or interest in land so conveyed by  said   the  district; to reimburse and save harmless and exonerated the United States of America or any  such  agency for any and all amounts, paid, and expenses incurred, in the compromise or settlement of any demands, claims, liabilities, liens, actions, suits, charges, costs, loss, damages, expenses and attorneys' fees of whatsoever kind or nature, resulting from, arising out of or occasioned by any claim to or defect or defects whatsoever in the title to any  such  land or interests in land so conveyed by  said   the  district; to pay all just compensation, costs and expenses, which may be incurred in any condemnation proceeding deemed necessary by the United States of America or  such   that  agency, in order to perfect title to any  such  land or interests in land, including without limitation all attorneys' fees, court costs and fees, costs of abstracts and other evidences of title, and all other costs, expenses or damages incurred or suffered by the United States of America or  such   that  agency; and consent is hereby given to the bringing of suit or other legal proceedings against  said   the  district by the United States of America or  such   that  agency, as the case may be, in the proper district court of the United States, upon any cause of action arising out of any conveyance, contract or covenant made or entered into by  said   the  district pursuant to the authority granted in this act, or to enforce any claims, damages, loss or expenses arising out of or resulting from any defect whatsoever in the title to  such   the  land or any interest therein or any claims of others in or to  such   the  land or interest therein. SEC. 2. Section 16 of the Los Angeles County Flood Control Act (Chapter 755 of the Statutes of 1915), as amended by Section 6 of Chapter 1276 of the Statutes of 1975, is amended to read: Sec. 16.  (a)    The  said  board of supervisors of  said   the  district shall have power to make and enforce all needful rules and regulations for the administration and government of  said   the  district, and to perform all other acts necessary or proper to accomplish the purposes of this act.  Said   (b)     The  board of supervisors shall have power to do all work and to construct and acquire all improvements necessary or useful for carrying out any of the purposes of this act; and  said   the  board of supervisors shall have power to acquire either within or without the boundaries of  said   the  district, by purchase, donation or by other lawful means in the name of  said   the  district, from private persons, corporations, reclamation districts, swampland districts, levee districts, protection districts, drainage districts, irrigation districts, or other public corporations or agencies or districts, all lands, rights-of-way, easements, property or materials necessary or useful for carrying out any of the purposes of this act; to make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the exercise of the powers conferred by this act, or arising out of the use, taking or damage of any property, rights-of-way or easements, for any of  such   these  purposes; to compensate any reclamation district, protection district, drainage district, irrigation district or other district, public corporation or agency or district, for any right-of-way, easement or property taken over or acquired by  said  the  Los Angeles County Flood Control District as a part of its work of flood control or conservation or protection provided for in this act, and any  such  reclamation district, protection district, drainage district, irrigation district or other district or public corporation or agency is hereby given power and authority to distribute  such  compensation in any manner that may be now or hereafter allowed by law; to maintain actions to restrain the doing of any act or thing that may be injurious to carrying out any of the purposes of this act by  said   the  district, or that may interfere with the successful execution of  said   that  work, or for damages for injury thereto; to do any and all things necessary or incident to the powers hereby granted, or to carry out any of the objects and purposes of this act; to require, by appropriate legal proceedings, the owner or owners of any bridge, trestle, wire line, viaduct, embankment or other structure which shall be intersected, traversed or crossed by any channel, ditch, bed of any stream, waterway, conduit or canal, so to construct or alter the same as to offer a minimum of obstruction to the free flow of water through or along any  such  channel, ditch, bed of any stream, waterway, conduit or canal, and whenever necessary in the case of existing works or structures, to require the removal or alteration thereof for  such     that  purpose  ; provided, however, that   . However,  nothing in this act contained shall be deemed to authorize  said   the  district in exercising any of its powers to take, damage or destroy any property or to require the removal, relocation, alteration or destruction of any bridge, railroad, wire line, pipeline, facility or other structure unless just compensation therefor be first made, in the manner and to the extent required by the Constitution of the United States and the Constitution of California. The board of supervisors of  said   the  district is hereby vested with full power to do all other acts or things necessary or useful for the promotion of the work of the control of the  flood   floodwater  and  storm waters   stormwater  of  said   the  district, and to conserve  such   those  waters for beneficial and useful purposes, and to protect from damage from  such storm or flood waters   floodwater and stormwater   ,  the harbors, waterways, public highways  ,  and property in  said   the  district  ; provided, however, that nothing in this   .   However, this  act  contained shall be deemed to   does not  authorize  said   the  district, or any person or persons, to divert the waters of any river, creek, stream, irrigation system, canal or ditch, from its channel, to the detriment of any person or persons having any interest in such river, creek, stream, irrigation system, canal or ditch, or the waters thereof or therein, unless previous compensation be first ascertained and paid therefor, under the laws of this state authorizing the taking of private property for public uses  ; and provided further, that nothing in this   . This  act  contained shall be construed as in any way affecting  does not affect  the plenary power of any incorporated city, city and county, or town, or municipal or county water district, to provide for a water supply of  such   that  public corporation, or as affecting the absolute control of any properties of  such   that  public corporations necessary for  such   the  water supply, and  nothing herein contained shall be construed as vesting   this act does not vest  any power of control over  such   the  properties in  said   the  Los Angeles County Flood Control District, or in any officer thereof, or in any person referred to in this act  ; and provided further, that nothing in this   . This  act  contained shall be deemed to  does not  authorize  said   the  board of supervisors to raise money for  said   the  district by any method or system other than that by the issuing of bonds, or the levying of a tax  upon the assessed value of all the real property in said district,  in the manner in this act provided, except from the sale and lease of its property as  herein  provided  in this act  .