SECTIONS 13201-13212 - California Statutes

PUBLIC UTILITIES CODE

SECTION 13201-13212

13201. A 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 utility
or works referred to in this division, or for acquiring any works,
lands, structures, rights, or other property necessary or convenient
to carry out the objects, purposes, or powers of the district.

13202. Whenever the board by resolution passed by vote of
two-thirds of all its members determines that the public interest or
necessity demands the acquisition, construction, or completion by the
district of any public utility or utilities referred to in this
division or any works, lands, structures, rights, 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 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.

13203. 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.

13204. Whenever any petition signed by voters within the district
equal in number to at least 15 percent of the total vote cast is
presented to the board asking for the acquisition, construction, or
completion of the whole or any portion of any utility or works
referred to in this division or for acquiring any works, lands,
structures, rights, 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 immediately examine and
verify the signatures of the petition and certify the result of the
examination to the board.

13205. If the required number of signatures is found to be genuine,
the secretary shall transmit to the board an authentic copy of the
petition without the signatures.

13206. Upon receiving a petition with the certificate of the
secretary stating that it contains the required number of signatures,
the board shall formulate for submission to the voters of the
district at a special bond election called for that purpose the
proposition of incurring a bonded indebtedness for the purposes set
forth in the petition. In its discretion the board may defer the
calling of the election until the next general election to be held in
the district in order to consolidate them.

13207. 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
utility, works, lands, structures, rights, 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 8 percent per annum, payable semiannually. If, however,
the rate of interest to be paid on the indebtedness does not exceed 4
1/2 percent per annum, payable semiannually, the rate of interest
need not be recited in the ordinance.

13208. Propositions for incurring indebtedness for more than one
object or purpose may be submitted at the same election.

13209. All special bond elections held in even-numbered years shall
be consolidated with the direct primary or general election. All
special bond elections held in odd-numbered years shall be held on
the first Tuesday after the first Monday in November and may be held
separately, or may be consolidated with any other election authorized
by law at which the voters of the district may vote. When a special
bond election is consolidated with a statewide primary or a general
election, the board shall in the ordinance calling the special bond
election consolidate it with the statewide primary or the general
election to be held at the same time in the respective counties in
which the district is located and authorize the respective boards of
supervisors to canvass the returns and certify the result of the
canvass to the board; it shall be the duty of the board or boards of
supervisors to so consolidate the election, canvass the returns, and
cause the result thereof to be properly certified to the board. If a
special bond election is consolidated with any other election, the
provisions of this chapter 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, but may provide that the precincts, polling places, and
officers of election 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.

13210. The ordinance shall be published, and no other notice of
election need be given.

13211. The votes of two-thirds of all the voters voting on the
proposition at the election are required to authorize the issuance of
bonds under this chapter.

13212. 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 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.