SECTIONS 12889-12889.2 - California Statutes

WATER CODE

SECTION 12889-12889.2

12889. Except in the case of a grant to a public agency where the
applicable law contains provisions for the election of the members of
the governing body of the agency or where a county board of
supervisors acts as the governing body of the agency, before a public
agency may enter into a contract with the department for a
construction loan or a grant under this chapter, the public agency
shall hold an election on the proposition of whether or not the
public agency shall enter into the proposed contract and more than 50
percent of the votes cast at such election must be in favor of such
proposition; provided, that if a higher percentage of favorable votes
is required for the issuance of any bonds by the public agency or is
required by the Constitution before the public agency may incur an
indebtedness, such higher percentage shall apply in lieu of the
percentage set forth in this subdivision.

12889.2. The election shall be held in accordance with the
following provisions:
(a) The procedure for holding an election on the incurring of
bonded indebtedness by such public agency shall be utilized for an
election on the proposed contract as nearly as the same may be
applicable. Where the law applicable to such agency does not contain
such bond election procedure, the procedure set forth in the Revenue
Bond Law of 1941 (Chapter 6 (commencing with Section 54300) Part 1,
Division 2, Title 5 of the Government Code), as it may now or
hereafter be amended, shall be utilized as nearly as the same may be
applicable.
(b) No particular form of ballot is required.
(c) The notice of the election shall include a statement of the
time and place of the election, the purpose of the election, the
general purpose of the contract, and the maximum amount of money to
be borrowed from the state under the contract.
(d) The ballots for the election shall contain a brief statement
of the general purpose of the contract substantially as stated in the
notice of the election, shall state the maximum amount of money to
be borrowed from the state under the contract, and shall contain the
words "Execution of contract--Yes" and "Execution of contract--No."
(e) The election shall be held in the entire public agency except
where the public agency proposes to contract with the department on
behalf of a specified portion, or of specified portions, of the
public agency, in which case the election shall be held in such
portion or portions of the public agency only.