SECTIONS 45100-45103 - California Statutes

WATER CODE

SECTION 45100-45103

45100. Whenever in any district any assessment has been levied and
assessed upon land and remains unpaid in whole or in part, and in the
judgment and opinion of the board it is for the best interest of the
district or the landowners therein to issue bonds for the purpose of
obtaining money to pay the costs of the proposed project, the
indebtedness of the district, or any other lawful charge, or when a
petition signed by the holders of title to more than one-fourth in
assessed value of the land requesting it is filed with the secretary,
the board shall by order entered upon its records call a special
election to be held in the district. At the special election the
question shall be submitted to the holders of title to assessed land
whether or not bonds of the district shall be issued in an amount
equal to the amount of the assessment, or the part of the assessment
remaining unpaid. The amount shall be entered by the board in its
records and stated in the order calling the special election.

45102. Notwithstanding Section 45100, whenever in any district (1)
a report and recommendation as to a project, or a report as to a
contract with the United States, has been adopted by the voters at an
election held pursuant to Part 5 (commencing with Section 42200) of
this division, (2) an assessment to finance the project or the
contract has been levied and assessed and remains unpaid in whole or
in part, and (3) in the judgment of the board it is for the best
interest of the district or the landowners therein to issue bonds for
the purpose of obtaining money to pay the costs of the project, all
or any part of the outstanding principal of direct assessment
warrants heretofore or hereafter issued pursuant to Section 46381 for
said project, or charges pursuant to the contract, the board may, by
a resolution adopted by a two-thirds vote of its members, authorize
the issuance of bonds in an amount not exceeding the amount of the
assessment remaining unpaid, without calling or holding any special
election pursuant to Section 45100 or Chapter 2 (commencing with
Section 45250) of this part.
This section shall apply to all districts, including any district
in which a report and recommendation as to a project, or a report as
to a contract with the United States, has been adopted at an election
held at any time heretofore, and shall apply in the case of any
assessment at any time heretofore or hereafter levied and assessed,
if the assessment remains unpaid in whole or in part at the time of
adoption of the resolution of the board authorizing the issuance of
bonds.

45103. If the district's voters have approved a project pursuant to
Part 5 (commencing with Section 42200) and the project authorizes
the issuance of revenue bonds for the purpose of carrying out the
project, the board may, by a two-thirds vote of the board, adopt a
resolution authorizing the issuance and sale of bonds pursuant to the
Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300)
of Part 1 of Division 2 of Title 5 of the Government Code. The
district may sell the bonds at public or private sale. The resolution
adopted pursuant to this section shall constitute the resolution
required pursuant to Section 54387 of the Government Code. The
district's voters approval of the project shall constitute "the votes
of a majority of all the voters voting" as that term is used in
Section 54386 of the Government Code and no further vote of the
voters shall be required.