SECTIONS 96400-96412 - California Statutes

PUBLIC UTILITIES CODE

SECTION 96400-96412

96400. 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.

96401. 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 transit facilities or 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.

96402. 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.

96403. Whenever any petition signed by voters within the district
equal in number to at least 15 percent of the total vote cast 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
immediately examine and verify the signatures of the petition and
certify the result of the examination to the board.

96404. 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.

96405. 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.

96406. 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 6 percent per annum, payable
semiannually or annually the first year and thereafter semiannually.

96407. Propositions for incurring indebtedness for more than one
object or purpose may be submitted at the same election.

96408. Any special bond election may be held separately, or may be
consolidated with any other election authorized by law at which the
voters of the district may vote. 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.

96409. The ordinance shall be published, and no other notice of
election need be given.

96410. 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. Wherever the words "county clerk" or "county
elections official" appear in the Elections Code the words "secretary
of the board" shall be substituted, for the purposes of this
article, and wherever the words "board of supervisors" appear in the
Elections Code, the words "board of directors" shall be substituted,
and wherever the words "district attorney or county counsel" appear
in the Elections Code, the words "attorney for the district" shall be
substituted.

96411. The votes of two-thirds ( 2/3) of all the voters voting on
the proposition at the election are required to authorize the
issuance of bonds under this chapter.

96412. 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 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.