SECTIONS 12887-12888 - California Statutes

WATER CODE

SECTION 12887-12888

12887. Notwithstanding any provision of law to the contrary, every
public agency empowered by law to construct and operate a project, as
defined in Section 12881.2, is hereby granted, in addition to and
not in derogation or limitation of the powers conferred upon the
public agency by any other law, the powers specified in this article.

12887.1. A public agency may borrow money from and repay the same
with interest to the state in accordance with this chapter on behalf
of the entire public agency or of any portion or portions thereof for
which the law applicable to the agency authorizes an indebtedness or
liability to be incurred, including any improvement district,
distribution district, or zone within the public agency,
notwithstanding any debt limitation or other provision in the law
applicable to such agency which might otherwise preclude or limit
such borrowing.

12887.2. A public agency may enter into a contract with the
department, on behalf of the entire public agency, or of any portion
or portions thereof referred to in Section 12887.1, for a loan or
grant under this chapter or for participation by the state in a local
project under Article 7 (commencing with Section 12886) of this
chapter and to use the loan or grant contracted for as an additional
or alternative means of financing the project proposed by the public
agency.

12887.3. A public agency may comply with the provisions of any
contract entered into with the department under this chapter,
including any provision which obligates the public agency, or any
specified portion or portions thereof, to meet all commitments,
financial or otherwise, undertaken by the public agency in such
contract notwithstanding any individual default by its constituents
or others in the payment to the public agency of taxes, assessments,
tolls, or other charges levied by the public agency.

12887.4. A public agency may include recreation and enhancement of
fish and wildlife, or either of them, as functions of a project which
the public agency is empowered by law to construct and operate, and
may construct and operate the project for such recreation and
enhancement of fish and wildlife functions, or either of them, in
accordance with the provisions of a grant contract entered into with
the department, including provisions for public use of the project
facilities for fishing and other recreational activities.

12887.5. A public agency may construct and operate such onshore
recreational facilities, fish and wildlife enhancement facilities or
other facilities as the department or the Legislature may require in
connection with a grant to the public agency under this chapter, and
may construct and operate such facilities in accordance with the
provisions of a grant contract entered into with the department,
including provisions for public use of such facilities for fishing
and other recreational activities.

12887.6. A public agency may annually levy or cause to be levied
upon all property in the public agency, or in any portion or portions
thereof, subject to taxation or assessment by the public agency an
ad valorem tax or assessment, based upon the assessed valuation of
such property, necessary and sufficient to meet all commitments,
financial or otherwise, of the public agency that are set forth in
any contract which the agency enters into with the department under
this chapter, in addition to any other taxes or assessments which the
public agency is authorized to levy or cause to be levied on such
property and notwithstanding any provision in the law applicable to
such agency which might otherwise preclude or limit such taxing or
assessing. Where the law applicable to such public agency does not
set forth a procedure for levying and collecting taxes or assessments
on an ad valorem basis, such public agency shall utilize the
procedure for levying and collecting taxes for the payment of
principal and interest on general obligation bonds of municipal water
districts, set forth in the Municipal Water District Law of 1911
(Division 20 (commencing with Section 71000) of this code), as it may
now or hereafter be amended, for the purpose of levying and
collecting taxes or assessments necessary and sufficient to meet
commitments in a contract entered into under this chapter.

12887.7. A public agency may make charges for the furnishing of
services from the project for which the public agency receives
financial assistance under this chapter and may pledge and use any or
all revenues received from the collection of such charges for the
purpose of meeting the commitments, financial or otherwise, of the
public agency that are set forth in any contract which the public
agency enters into with the department under this chapter.

12887.8. A public agency is hereby granted the power to bring an
action in the superior court of the county in which the office of
such agency is situated to determine the validity of any contract
made with the department under this chapter and the authority of the
public agency to enter into the contract. The action shall be had as
in the case of the judicial determination of the validity of the
public agency's bonds, as nearly as the same may be applicable, and
with like effect. Where the law applicable to such agency does not
set forth a procedure for the judicial determination of the validity
of the public agency's bonds, the action shall be had as in the case
of the judicial determination of the general obligation bonds of
irrigation districts under the Irrigation District Law (Division 11
(commencing with Section 20500) of this code), as it may now or
hereafter be amended, as nearly as the same may be applicable, and
with like effect.

12887.9. Whenever a public agency is required to have legal counsel
in connection with any of its activities pursuant to this chapter,
it may use the services of the district attorney or county counsel of
the county in which it is located.

12888. A public agency may perform all acts and do all things that
are necessary or convenient to carry out the powers specified in this
article.