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Water Code - WAT

DIVISION 14. CALIFORNIA WATER STORAGE DISTRICT LAW [39000 - 48401]

  ( Division 14 added by Stats. 1951, Ch. 391. )

PART 8. BONDS [45100 - 45932]

  ( Part 8 added by Stats. 1951, Ch. 391. )

CHAPTER 1. In General [45100 - 45103]
  ( Chapter 1 added by Stats. 1951, Ch. 391. )

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.

(Amended by Stats. 1992, Ch. 1020, Sec. 95. Effective January 1, 1993.)

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.

(Amended by Stats. 1992, Ch. 1020, Sec. 96. Effective January 1, 1993.)

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.

(Added by Stats. 1992, Ch. 1020, Sec. 96.5. Effective January 1, 1993.)

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