§ 12057
545 words·~2 min read·
/ca/water-code/12057A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Before a public agency may enter into a contract with the department for a water supply from the Washoe Project, or from any division or unit thereof, 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 the election must be in favor of the proposition. If a higher percentage of favorable votes is required by the California Constitution before the public agency may incur indebtedness, the higher percentage shall apply in lieu of the percentage set forth in this subdivision. The election shall be held in accordance with the following provisions:
(1)The procedure for holding an election on the incurring of bonded indebtedness by a 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 the public agency does not contain a bond election procedure, the procedure set forth in 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), as it may now or hereafter be amended, shall be utilized as nearly as the same may be applicable.
(2)No particular form of ballot is required.
(3)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.
(4)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. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets.
(5)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 the applicable portion or portions of the public agency only.
(b)Every public agency is hereby granted the power to bring an action in the superior court of the county in which the office of the public agency is situated to determine the validity of any contract made with the department under this part, 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 the public 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)), as it may now or hereafter be amended, as nearly as the same may be applicable, and with like effect.