Article 5. Powers of California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 5. >> Article 5.
Any district may acquire, construct, and operate works within
or without its limits.
It may acquire by gift, purchase, condemnation, or otherwise,
all lands, rights of way, or other property necessary therefor.
It may issue and sell bonds for the acquisition and
construction of works.
The governing body shall have supervision and control over
the construction, acquisition, and operation of the works, and the
collection of rates for their use.
The governing body may take all steps and proceedings and
make and enter into all contracts or agreements necessary,
convenient, or incidental to the performance of its duties or the
execution of its powers under this chapter.
It may employ engineers, architects, inspectors,
superintendents, a manager, collectors, attorneys, and such other
employees as in its judgment are necessary or convenient in the
execution of its powers and duties, and may fix their compensation.
The governing body shall establish rules and regulations for
the use of the works, including all sewers and works connected
therewith, as may be necessary or expedient to insure the successful
operation of the works.
The governing body shall provide that all public ways or
public works damaged or destroyed in carrying out the provisions of
this chapter shall be restored or repaired, and placed in their
original condition, as nearly as practicable, out of funds provided
under this chapter.
In the operation of the works, the district may do any or all
of the following:
(a) Sell, or otherwise dispose of any water, sewage effluent,
fertilizer, or other by-products resulting from the operation of a
sewerage system or sewage treatment or disposal plant, and construct,
maintain, and operate such pipe lines and other works as may be
necessary for those purposes.
(b) Construct, maintain, and operate pipe lines or such other
works as may be necessary to conserve and put to beneficial use any
water or sewage effluent recovered from the operation of the sewerage
system, plant, or works by sale or disposition for agricultural or
industrial purposes, including irrigation, or by discharging or
spreading the water or sewage effluent in such manner as to percolate
into the underground gravels and replenish natural water resources.
(c) Exercise the power of eminent domain under the Constitution
and laws of the State in so far as it may be necessary to carry out
the provisions of this chapter.
(d) Make such contracts with the Reconstruction Finance
Corporation or other fiscal agency of the United States as are
necessary to meet the requirements of the Emergency Relief and
Construction Act of 1932.
Whenever any community in the district is provided with a
sewerage system under this chapter the governing body having
jurisdiction over that community shall declare the further
maintenance or use of cesspools or other local means of sewage
disposal to be a public nuisance and shall require all buildings
inhabited or used by human beings to be connected with the sewerage
system, within ninety days from completion, if the buildings to be
served thereby are within one hundred feet of the system.
All works acquired or constructed under this chapter where
the expense involved exceeds five hundred dollars, shall be done by
contract which shall be awarded to the lowest responsible bidder as
provided in this chapter. If the bonds are purchased by the
Reconstruction Finance Corporation or other fiscal agency of the
United States on condition or request that the governing body have
the work performed by day labor instead of by contract, the governing
body may comply with the condition or request and the work need not
be done by contract.
The governing body shall comply with all the conditions and
requirements of the Emergency Relief and Construction Act of 1932,
respecting the employment of labor, and other matters in connection
therewith unless they are in conflict with the Constitution and laws
of this State.
Before awarding any contract for construction of works the
governing body shall cause to be published a notice inviting sealed
bids for doing it.
The notice shall refer to the plans and specifications on file. It
shall be published twice in a daily, semi-weekly, or weekly
newspaper, published and circulated in the district, and designated
by the governing body. If there is no newspaper published in the
district, and the district is less than a county, the notice shall be
published in a newspaper in the county in which the district is
The time fixed for receiving bids shall be not less than ten days
from the first publication of the notice.
All bids shall be accompanied by a certified check payable to
the district for an amount that is not less than ten per cent of the
aggregate of the bid. No bid shall be considered unless accompanied
by the check.
The bids shall be delivered to the clerk. The governing body
shall, in open session, publicly open, examine, and declare them.
The governing body may reject all bids if it deems this for
the public good, and shall reject all bids other than the lowest
regular responsible bidder, and may award the contract to him at the
price named in his bid.
If the bids are rejected or if no bids are received, the
governing body may readvertise for bids as in the first instance
without further proceedings.
If the successful bidder fails, neglects, or refuses for
twenty days after written notice of the award has been mailed him to
enter into the contract to perform the work, the check accompanying
his bid, and the amount therein named, shall be declared forfeited to
the district, and shall be collected by it and paid into its general
Each contractor shall, at the time of entering into the
contract, execute a surety bond to the satisfaction and approval of
the governing body in a sum not less than twenty-five per cent of the
amount of the contract, conditioned upon its faithful performance.
The contract shall provide that the work shall be commenced
within twenty days after the contractor has received written notice
from the clerk that there is sufficient money or revenue bonds in the
special fund provided to pay the contract price.
At the time of entering into the contract the contractor
shall execute, deliver, and file with the governing body a good and
sufficient surety bond, in a sum not less than one-half the total
amount payable by the terms of the contract, conditioned upon the
payment by the contractor or his subcontractors, for any and all
materials, provisions, provender, other supplies, or teams, or the
use of implements or machinery used in, upon, or about the
performance of the work.
All provisions of the codes and general laws relating to
notice and the foreclosure of such liens are applicable, but suit may
only be brought on the bond within six months after the expiration
of the period for the filing of verified claims.
In all respects not otherwise provided for in this chapter
the bond shall be in conformity with the requirements of the general
law of the State regarding contractor's bonds for the benefit of
laborers and materialmen, who shall have a first lien against any
moneys or bonds due or about to become due the contractor.