Article 2. Resolution To Acquire Works of California Public Utilities Code >> Division 7. >> Chapter 5. >> Article 2.
Whenever the board determines that the public interest or
necessity of the district demands the acquisition of any public
utility works, it shall specifically declare such determination by a
The board shall procure plans and estimates and negotiate
for offers for the sale to the district of existing public utility
works in the same manner as specified in Article 1 of this chapter.
When the cost of the public utility works can be paid out of
the revenues of the district derived from the operation of its
public utilities, in addition to the other necessary expenses of the
district, as soon after the filing of the plans and estimates as the
board deems is for the best interests of the district, it shall by
ordinance determine to acquire such public utility works.
The ordinance shall be published pursuant to Section 6066 of
the Government Code in some newspaper of general circulation printed
and published in the district or, if there is no such newspaper in
the district, in some newspaper of general circulation printed and
published in the county where all or part of the district is
situated. The ordinance shall state the proposed cost of the
acquisition and the proposed method and manner of its payment. If the
ordinance involves the expenditure of more than one hundred thousand
dollars ($100,000), it shall not become effective until 30 days
after its final passage.
If the cost of the public utility works so far exceeds the
revenues of the district derived from the operation of its public
utilities, in addition to the other necessary expenses of the
district, that it is necessary to incur a district bonded
indebtedness, the board, at a regular meeting held within 60 days
after the filing of the plans and estimates of cost and expected
revenue, by ordinance shall submit the proposition as to whether
bonded indebtedness shall be incurred for acquisition of the public
utility works, to the electors of the district at a general district
election or at a special district election called for the purpose.
Propositions submitted pursuant to Section 16845 shall
specify the amount of bonded indebtedness necessary for the
acquisition of the public utility works, the rate of interest
thereon, and the question whether the bonded indebtedness shall be
incurred. The affirmative vote of at least two-thirds of the electors
voting at the election upon the proposition is necessary to warrant
the issuance of district bonds for the acquisition of any public