SECTIONS 71940-71947 - California Statutes

WATER CODE

SECTION 71940-71947

71940. The board shall provide for holding the bond election on the
day fixed in the resolution calling the election and in accordance
with the provisions of the Elections Code, so far as they shall be
applicable, except as otherwise provided in this division.

71941. Notice of the holding of the bond election shall be given by
publishing, pursuant to Section 6066 of the Government Code, the
resolution calling the election in at least one newspaper published
in the district. The last publication shall be made not less than two
weeks prior to the date of the proposed election. If there is no
newspaper published in the district, then the resolution shall be
posted in three public places in the district not less than two weeks
prior to the date of the proposed election. No other notice of the
election need be given.

71942. If the bond election is to be held in an improvement
district, notice of the holding of such election shall be given by
publishing, pursuant to Section 6066 of the Government Code, the
resolution calling the election prior to the date of the proposed
election in at least one newspaper printed and published in the
municipal water district, if there is a newspaper printed and
published in the district. Such resolution shall also be posted in
three public places in the improvement district not less than two
weeks prior to the date of the proposed election. No other notice of
the election need be given.

71943. The returns of the bond election shall be made, the votes
canvassed by the board within seven days following the election, and
the results thereof ascertained and declared in accordance with the
provisions of the Elections Code, so far as they may be applicable,
except as otherwise provided in this division.

71944. The secretary, as soon as the result of the bond election is
declared, shall enter in the records of the board a statement of
such results.

71945. No irregularities or informalities in conducting the bond
election shall invalidate it, if the election has otherwise been
fairly conducted.

71946. Any action or proceeding in which the validity of any bonds
or of the proceedings in relation thereto (including the formation of
an improvement district for which bonds are authorized to be issued
by the voters thereof at a bond election) is contested, questioned,
or denied shall be commenced within three months from the date of the
bond election; otherwise the bonds and all proceedings in relation
thereto (including the formation of the improvement district) shall
be held to be valid and in every respect legal and incontestable.

71947. If bonds have been authorized at an election held pursuant
to this chapter prior to January 1, 1960, a portion of which bonds
have not yet been issued, and the board determines that the sale of
such unissued portion would be insufficient to finance the completion
of the improvement for which the bonds were authorized, the board by
resolution adopted prior to January 1, 1972, may modify the
improvement and may authorize the issuance of bonds in an amount not
exceeding the amount of such unissued portion for the purpose of
paying the cost of the improvement as modified, without any further
election, but only after notice and hearing in the same manner as
provided in Article 2 (commencing with Section 71880) of Chapter 3 of
this part and Article 6 (commencing with Section 53520) of Chapter
3, Part 1, Division 2, Title 5 of the Government Code, and provided
that at the conclusion of the hearing the board shall by resolution
determine that the territory within the district or improvement
district will be benefited by the improvement as modified. Bonds so
authorized may be issued and sold in the same manner as bonds
authorized by an election under this chapter.