SECTIONS 101280-101298 - California Statutes

PUBLIC UTILITIES CODE

SECTION 101280-101298

101280. The district may, from time to time, incur a bonded
indebtedness as provided in this chapter to pay the cost of
acquiring, constructing, or completing the whole, or any portion, of
any transit facilities, or for acquiring any works, lands,
structures, rights, equipment, or other property necessary or
convenient to carry out the objects, purposes, or powers of the
district.

101281. The district shall not incur a total bonded indebtedness
which exceeds 5 percent of the assessed value of all the taxable real
and personal property within the district.

101282. Whenever the board, by resolution passed by vote of
four-fifths of all its members, determines that the public interest
or necessity demands the acquisition, construction, or completion by
the district of any transit facilities or of any works, lands,
structures, rights, equipment, or other property necessary or
convenient to carry out the objects, purposes, or powers of the
district, the cost of which will be too great to be paid out of the
ordinary annual income and revenue of the district, it may, at any
subsequent meeting of the board, provide by ordinance for the
submission of the proposition of incurring a bonded indebtedness for
the purpose set forth in the resolution to the voters of the district
at a special bond election held for that purpose.

101283. In lieu of a resolution passed by the board, proceedings
for the issuance of bonds for the purposes provided in this chapter
may be initiated by petition of the voters of the district.

101284. The petition may be presented to the board, and shall be
executed and attested in the same manner as provided a petition for
the formation of the district in Article 2 (commencing with Section
101035) of Chapter 3 of this part.

101285. Whenever any petition signed by voters within the district
equal in number to at least 15 percent of the total vote cast within
the district at the last general statewide election is presented to
the board asking for the acquisition, construction, or completion of
the whole, or any portion, of any transit facilities or for acquiring
any works, lands, structures, rights, equipment, or other property
necessary or convenient to carry out the objects, purposes, or powers
of the district, and also asking that a bonded indebtedness be
incurred to pay for the cost thereof, the secretary of the district
shall forthwith transmit the petition to the county elections
official for certification.

101286. Within 30 days after the receipt of the petition, the
county elections official shall examine the petition and determine
the number of valid signers thereof by comparing the signatures
thereon with the signatures of registered voters as appear on the
affidavits of voter registration on file with him or her. The county
elections official then shall certify to the secretary of the
district all the following:
(a) The total number of voters registered within the district at
the time of the last general statewide election immediately preceding
the filing of the petition.
(b) The total number of registered voters of the district who have
signed the petition.
(c) The percentage which the number of such signers bears to the
total number of voters registered to vote within the district at such
time.

101287. If the county elections official certifies that the
percentage of registered voters signing the petition is less than
that required by Section 101284, a supplemental petition may be
presented to the secretary of the district within 30 days after the
county elections official's certification of the first petition. The
supplemental petition shall thereupon be processed as provided in
Sections 101284 and 101285.

101288. If the petition has been executed in the manner provided
and by the required number of signers, the secretary of the district
shall forthwith transmit to the board and to the general manager a
copy of the petition, but without the signatures appended thereto.

101289. Upon receiving a petition so executed by the required
number of signers, the board shall provide by ordinance for the
submission of the proposition of incurring a bonded indebtedness for
the purpose set forth in the petition to the voters of the district
at a special bond election held for that purpose.

101290. The ordinance calling a special bond election shall fix the
date on which the election will be held, and the manner of holding
the election and of voting for or against incurring the indebtedness.
It shall also recite the objects and purposes for which the
indebtedness is proposed to be incurred, the estimated cost of the
transit facilities, works, lands, structures, rights, equipment, or
other property proposed to be acquired, constructed, or completed,
the amount of the principal of the indebtedness to be incurred
therefor, and the maximum rate of interest to be paid on the
indebtedness, which shall not exceed 7 percent per annum, payable
semiannually or annually the first year and thereafter semiannually.

101291. Propositions for incurring indebtedness for more than one
object or purpose, or propositions proposed by resolution or
petition, may be submitted at the same election.

101292. The bond election may be held separately, or it may be held
on the same day as any other state, county, or city election, or any
election held under the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10 of the Elections
Code), and may be consolidated therewith.

101293. If a special bond election is consolidated with any other
election, the provisions of this article setting forth the procedure
for the calling and holding of the special bond election shall be
complied with, except that the ordinance calling the election need
not set forth the election precincts, polling places, and officers of
election who shall be the same as those set forth in the ordinance,
notice, or other proceedings calling the election with which the
special bond election is consolidated, and shall refer to the
ordinance, notice, or other proceedings by number and title, or by
other definite description.

101294. The board shall cause the ordinance to be published in
accord with Section 6061 of the Government Code; the publication
shall be made not less than 30 and not more than 60 days prior to the
day of the election. No other notice of the election need be given.

101295. If the ordinance calling the election so provides, the
election shall be conducted by the county elections official in
accord with the manner of holding the election prescribed by the
board pursuant to the provisions of Section 101289.

101296. The board shall comply with Article 3 (commencing with
Section 9160) of Chapter 2 of Division 9 of the Elections Code, the
provisions of which are applicable to any bond election held pursuant
to this article. In the event the election is not conducted by the
county clerk, then whenever the words "county clerk" or "county
elections official" appear in that article of the Elections Code, the
words "secretary of the district" shall be substituted for the
purposes of this article of this part. For the further purposes of
this article, the following substitutions shall be made in all cases
for the words set out in that article of the Elections Code: (a)
"board of directors" in lieu of "board of supervisors"; and (b)
"attorney for the district" in lieu of "district attorney or county
counsel".

101297. The votes of a majority of all the voters voting on the
proposition at the election are required to authorize the issuance of
bonds under this article.

101298. If the proposition submitted at a special bond election
fails to receive the requisite number of votes, the board shall not,
within six months after the election, hold another special election
for the submission of a proposition of incurring a bonded
indebtedness substantially the same as the proposition voted upon at
the prior election, unless a petition, signed by voters within the
district equal in number to at least 15 percent of the total vote
cast within the district at the last general statewide election is
filed with the board, requesting that the proposition, or a
proposition substantially the same, be submitted at an election to be
called for that purpose.
Any such petition may be presented in the same manner and shall be
executed and attested and certified as provided in this article for
a petition asking that a bonded indebtedness be incurred.