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Article 1. Petition To Acquire Works of California Public Utilities Code >> Division 7. >> Chapter 5. >> Article 1.
As used in this chapter "acquisition of public utility works"
includes construction, completion, or acquisition of public
utilities or public utility works.
Whenever any petition signed by electors of the district
equal in number to 15 percent of all votes cast within the district
at the last preceding general election of state and county officers
is presented to the board asking for the acquisition of public
utility works therein named, the clerk shall immediately examine and
verify the signatures and certify the result of the examination to
the board. If the required number of signatures is found genuine, the
clerk shall transmit to the president of the board an authentic copy
of the petition, without the signatures thereto.
Upon receiving a petition certified to contain the required
number of signatures, the board shall formulate for submission to the
electors of the district at a general district election or at a
special election called for that purpose a separate proposition for
the acquisition of each public utility works named in the petition.
In the formulation of a proposition the board shall procure
plans and estimates of the cost of original construction and
completion by the district of the public utility or, in case of the
proposed acquisition of an existing utility works, the cost of
original construction and completion by the district of similar
works. The board shall also procure an estimate of the revenues that
can be expected from the public utility works named in the petition.
In securing estimates of the cost of original construction
and completion of water works by the district, the board shall
procure and place on file plans and estimates of the cost of
obtaining from such sources as the board finds and designates as
available a sufficient supply of good, pure water for the district.
Before submitting propositions to the electors for the
acquisition of any public utility works, the board shall solicit and
consider offers for the sale to the district of existing utilities,
or utility works of the same character, or such portion thereof as
would be useful to the district, in order that the district may have
the benefit of acquiring them at the lowest possible cost.
The board may apply to the Public Utilities Commission to
ascertain the value of existing utility works for the purpose of
submitting to the electors estimates of the cost of acquiring them.
Upon application by the board the commission without delay
shall make a valuation in accordance with Chapter 8, Part 1 of
Division 1 of this code.
When the commission has made and filed its findings and
decision, the board may have the findings reviewed in accordance with
Chapter 8, Part 1 of Division 1, or the board may immediately adopt
the findings and decision as the basis of its estimate of the cost of
acquiring the public utility works by purchase or by condemnation.
Upon the filing of plans and estimates the board shall
determine whether the cost of the public utility works proposed for
acquisition can be paid from revenues of the district from the
operation of its public utilities in addition to the other necessary
expenses of the district.
When the cost of any public utility works named in a
petition 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, each proposition therefor
submitted to the electors shall specify the cost of the public
utility works proposed for acquisition by the district, the proposed
method and manner of its payment, and the question whether the
utility works shall be acquired upon such terms.
If the cost of any public utility works named in a petition
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, each proposition shall specify the amount of the
necessary bonded indebtedness, its rate of interest, and the
question whether such bonded indebtedness shall be incurred.
At the next regular meeting after formulation of a
proposition for the acquisition of the public utility works, the
board by ordinance shall submit the proposition to the electors of
the district at a general district election or at a special district
election called for the purpose.
All propositions formulated pursuant to Section 16803 shall
be submitted within six months after filing of the petitions, unless
more time is required for obtaining a valuation requested of the
Public Utilities Commission, in which case the propositions shall be
submitted as soon as possible after the valuation becomes final.
The affirmative vote of a majority of the electors voting
upon the proposition is necessary to accept a proposition submitted
under Section 16811.
The affirmative vote of at least two-thirds of the electors
voting upon the proposition is necessary to approve a proposition
submitted under Section 16812 and to warrant the issuance of district
bonds therefor.
At as early a date after determination of the election
result as the board deems is for the best interests of the district,
it shall undertake proceedings and enter into the negotiations and
contracts necessary for the acquisition of the public utility works
named in any proposition approved by the majority of the electors
voting at the election.
