Title HSC — California Health & Safety Code

Any district may acquire, construct, and operate works within or without its limits. (Enacted by Stats. 1939, Ch. 60.)

It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other property necessary therefor. (Enacted by Stats. 1939, Ch. 60.)

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. (Enacted by Stats. 1939, Ch. 60.)

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. (Enacted by Stats. 1939, Ch. 60.)

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. (Enacted by Stats. 1939, Ch. 60.)…

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. (Enacted by Stats. 1939, Ch. 60.)

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. (En…

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, m…

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 sh…

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 Co…

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 newspap…

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. (Enacted by Stats. 1939, Ch. 60.)

The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them. (Enacted by Stats. 1939, Ch. 60.)

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. (Enacted by Stats. 1939, Ch. 60.)

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. (Enacted by Stats. 1939, Ch. 60.)

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, an…

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. (Enacted by Stats. …

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. (Enacted by Stats. 1939, Ch. 60.)…

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 contract…

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. (Enacted by Stats. 1939, Ch. 60.)

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 o…

All necessary preliminary expenses incurred by the governing body in carrying out this chapter, including the making of surveys, plans, and estimates of costs and revenues, compensation of employees, the giving of notices, taking of options, and all other expenses of whatsoever n…

All compensation of employees, and all other expenses, incurred in carrying out the provisions of this chapter shall be paid solely from funds provided under the authority of this chapter. (Enacted by Stats. 1939, Ch. 60.)

After reimbursement and repayment to the district of all amounts advanced for preliminary expenses, all money, other than premiums and accrued interest, received from the sale of bonds shall be applied solely to the cost of the works. (Enacted by Stats. 1939, Ch. 60.)

The money received from the collection of the rates, together with any other revenue derived from the operation of the works, shall be deposited in a bank by the treasurer in the same manner that public money is deposited by cities. The money so deposited shall be kept in a fund …

In the ordinance for the issuance of bonds the governing body shall provide that the revenues derived from the operation of the works shall be used only for: (a) The payment or providing for payment, including payments into any reserve or sinking funds, as the same falls due, of …

In its discretion the governing body may provide in the ordinance providing for the issuance of bonds that the management, maintenance, operation and repair costs of the works shall be paid from the revenue derived from the operation of the works prior to paying the principal, in…

All money received for premium and accrued interest shall be paid into a fund for the payment of interest on the bonds and used for the purposes for which it was created.

A district issuing bonds shall install and maintain a proper system of accounts, showing the amount of revenue received and its application. The district shall at least once a year cause the accounts to be properly audited by a competent auditor. The report of the audit shall be …

The treasurer is custodian of the funds derived from income received from the works constructed or acquired under the provisions of this chapter. (Enacted by Stats. 1939, Ch. 60.)

The treasurer shall give a proper surety bond for the faithful discharge of his duties as custodian, which bond shall be fixed and approved by the governing body. The premium on the surety bond shall be paid by the district. (Enacted by Stats. 1939, Ch. 60.)

The governing body shall establish just and equitable rates for the use and maintenance of the works, to be paid by the person leasing or occupying the building or premises served thereby or that in any way uses or is served by the works, and may change and readjust the rates fro…

The governing body shall establish rates that, beyond all reasonable doubt, will bring in sufficient money to meet the interest and principal on all outstanding bonds as they fall due, in addition to the expense of operation. (Enacted by Stats. 1939, Ch. 60.)

Whenever it appears that the rates are insufficient to provide enough money to pay the principal and interest, in addition to the operating expenses, and the governing body neglects or refuses to fix adequate rates therefor, any bondholder may petition the superior court for a wr…

The governing body may establish variable rates for different classes of users, or for different parts of the area, where all or any portion of the sewage works have been previously installed and financed under other laws or methods, so that the variable rates may be most equitab…

However, the rates may only be imposed and collected from the users of all or any portion of such works as are constructed with money derived from the sale of the bonds. (Enacted by Stats. 1939, Ch. 60.)

If the users of all or any portion of any works previously acquired and financed by other methods receive any additional benefits from the construction or operation of all or any portion of the works subsequently constructed or acquired from the proceeds of the bonds, the governi…

No rates shall be established until after a public hearing, at which all the users of the works and owners of property served or proposed to be served thereby and others interested have opportunity to be heard concerning the proposed rates. (Enacted by Stats. 1939, Ch. 60.)

After introduction of the ordinance, resolution, or order fixing the rate, and before it is finally enacted, notice of the hearing, setting forth the proposed schedule of rates shall be given by one publication in a newspaper published in the district, if there is such a newspape…

After the hearing the ordinance, resolution, or order establishing rates, either as originally introduced or as modified and amended, shall be passed and put into effect. (Enacted by Stats. 1939, Ch. 60.)

A copy of the schedule of the rates shall be kept on file in the office of the clerk, and shall be open to inspection by any interested person. (Enacted by Stats. 1939, Ch. 60.)

The rates for any class of users or property served may be extended to cover any additional premises thereafter served which fall within the same class, without the necessity of hearing or notice. (Enacted by Stats. 1939, Ch. 60.)

Any change or readjustment of the rates shall be made in the same manner as the rates were originally established. (Enacted by Stats. 1939, Ch. 60.)

If the rate is not paid when due, on the first day of each calendar month thereafter a penalty of ten per cent of the amount of the delinquent rate shall be added. (Enacted by Stats. 1939, Ch. 60.)

The rates and penalties may be collected in the following manner: (a) An action may be brought in the name of the district against the person who occupied the property when the service was rendered for the collection of the amount of the delinquent rate and all penalties. A reaso…

The remedies specified for collecting and enforcing rates are cumulative and may be pursued alternatively or may be used consecutively when the governing body so determines. If any remedy is invalid, all valid remedies shall remain effectual. (Enacted by Stats. 1939, Ch. 60.)

Until the principal and interest of the bonds are fully paid any holder of any bond outstanding at any time may compel the use of any or all of the remedies provided in this chapter. (Enacted by Stats. 1939, Ch. 60.)

After rates are fixed pursuant to this article, any person may pay such rates under protest and bring an action against the governing body in the superior court to recover any money which the governing body refuses to refund. Payments made and actions brought under this section, …