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Section 4759.1 Of Article 4. District Powers From California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 3. >> Article 4.
4759.1
. (a) There is granted to every district the right to
construct, operate and maintain outfall, intercepting and trunk
sewerlines, other than ocean outfall lines and other terminal outfall
lines, together with pumps and like machinery necessary for sewage
transportation, across, along, in, under, over or upon any road,
street, alley, avenue or highway within any city, in such a manner as
to afford security for life and property. For the purposes of this
section the term "terminal outfall lines" means any outfall
sewerlines that discharge within the city any effluent from a sewage
treatment plant or any sewage. Any use, under this section, of a
public highway now or hereafter constituted a state highway shall be
subject to the provisions of Chapter 3 (commencing with Section 660)
of Division 1 of the Streets and Highways Code.
(b) A district exercising its rights under this section shall restore the road, street, alley, avenue or highway so used to its former state of usefulness as nearly as may be, and shall locate such sewerlines and machinery so as to interfere as little as possible with other existing uses of such road, street, alley, avenue or highway.
(c) Before any district uses any street, alley, avenue or highway within any city, it shall request the city in which the street, alley, avenue or highway is situated to agree with it upon the location of such sewerlines and machinery and the terms and conditions to which the construction, operation and maintenance of such sewerlines shall be subject.
(d) If the district and the city are unable to agree on the terms and conditions and location of such sewerlines and machinery within three months after a proposal to do so, the district may bring an action in the superior court of the county in which the street, alley, avenue or highway is situated against the city to have the terms and conditions and location determined. The superior court may determine and adjudicate the terms and conditions to which the use of the street, alley, avenue or highway shall be subject, and the location thereof, and upon the making of the final judgment the district may enter and use the street, alley, avenue or highway upon the terms and conditions and at the location specified in the judgment.
(b) A district exercising its rights under this section shall restore the road, street, alley, avenue or highway so used to its former state of usefulness as nearly as may be, and shall locate such sewerlines and machinery so as to interfere as little as possible with other existing uses of such road, street, alley, avenue or highway.
(c) Before any district uses any street, alley, avenue or highway within any city, it shall request the city in which the street, alley, avenue or highway is situated to agree with it upon the location of such sewerlines and machinery and the terms and conditions to which the construction, operation and maintenance of such sewerlines shall be subject.
(d) If the district and the city are unable to agree on the terms and conditions and location of such sewerlines and machinery within three months after a proposal to do so, the district may bring an action in the superior court of the county in which the street, alley, avenue or highway is situated against the city to have the terms and conditions and location determined. The superior court may determine and adjudicate the terms and conditions to which the use of the street, alley, avenue or highway shall be subject, and the location thereof, and upon the making of the final judgment the district may enter and use the street, alley, avenue or highway upon the terms and conditions and at the location specified in the judgment.
