Section § 5000

Explanation

This law allows a district to build and run projects or facilities either inside or outside its boundaries.

Any district may acquire, construct, and operate works within or without its limits.

Section § 5001

Explanation

This law states that the entity has the authority to buy, receive as a gift, or otherwise obtain any land, rights of way, or other necessary property through legal means, such as condemnation, when needed for its purposes.

It may acquire by gift, purchase, condemnation, or otherwise, all lands, rights of way, or other property necessary therefor.

Section § 5002

Explanation

This law allows for the issuance and sale of bonds to fund the buying and building of projects or facilities.

It may issue and sell bonds for the acquisition and construction of works.

Section § 5003

Explanation

This law states that the governing body is responsible for overseeing how works are built, acquired, and run. They also handle setting and collecting fees for using these 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.

Section § 5004

Explanation

This law section allows the governing body to take any necessary actions, steps, or make agreements needed to carry out their responsibilities or enforce their powers as outlined in this chapter.

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.

Section § 5005

Explanation

This law states that the organization has the authority to hire various professionals, such as engineers, architects, and attorneys, along with other needed staff, to effectively carry out its responsibilities. It can also determine their salaries.

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.

Section § 5006

Explanation

This law requires the governing body to create rules for using sewer systems and related facilities. These rules ensure that the systems operate efficiently and successfully.

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.

Section § 5007

Explanation

This law requires that if public roads or infrastructure are damaged or destroyed while implementing the chapter's provisions, they must be repaired and restored to their original condition as much as possible. The funds for these repairs should come from the chapter's budget.

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.

Section § 5008

Explanation

This section gives a district the authority to manage and use resources from its sewerage system and treatment plants. It can sell or dispose of water and by-products like sewage or fertilizer, and build any necessary infrastructure for these purposes.

The district can also set up pipelines to make use of treated water for agriculture or industry, or to recharge natural water supplies.

Additionally, the district can use eminent domain—the right to take private property for public use—to fulfill its objectives. Finally, it can enter contracts with federal agencies to comply with the Emergency Relief and Construction Act of 1932.

In the operation of the works, the district may do any or all of the following:
(a)CA Health & Safety Code § 5008(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)CA Health & Safety Code § 5008(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)CA Health & Safety Code § 5008(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)CA Health & Safety Code § 5008(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.

Section § 5009

Explanation

When a community in a district gets a new sewer system, the local government must declare cesspools and other private sewage setups as public nuisances. They must also require all buildings used by people, located within 100 feet of the sewer system, to connect to it within 90 days after the system is finished.

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.

Section § 5010

Explanation

If a project costs more than $500, it must be completed under a contract awarded to the lowest bidder. However, if certain U.S. agencies like the Reconstruction Finance Corporation require the governing body to use day labor instead of a contract, the governing body can choose that method instead.

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.

Section § 5011

Explanation

This law requires the governing body to follow the rules of the Emergency Relief and Construction Act of 1932 related to hiring workers and other related issues. However, they should not do so if these rules contradict the state’s Constitution or other state laws.

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.

Section § 5012

Explanation

Before starting any construction work, the local government must publish a notice inviting companies to submit sealed bids for the project. This notice should mention that the project plans are available for review. The announcement must be published twice in a local newspaper or, if not available, in a newspaper from the county where the district is located. Companies should have at least ten days from the first notice to prepare and submit their bids.

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 located.
The time fixed for receiving bids shall be not less than ten days from the first publication of the notice.

Section § 5013

Explanation

When someone submits a bid, it must include a certified check made out to the district. This check needs to be at least 10% of the total bid amount. If there isn’t a check included, the bid won’t be considered.

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.

Section § 5014

Explanation

In this section, bids are required to be submitted to the clerk, and then the governing body must open, review, and announce them in a public meeting.

The bids shall be delivered to the clerk. The governing body shall, in open session, publicly open, examine, and declare them.

Section § 5015

Explanation

This law allows a governing body to reject all bids for a contract if they believe it's in the public's best interest. If they don't reject all, they must choose the lowest bid from a responsible bidder and can award the contract at that bid price.

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.

Section § 5016

Explanation
If no satisfactory bids are received for a project or all bids are rejected, the governing body can start the bid process over again without needing to take additional steps first.
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.

Section § 5017

Explanation

If someone wins a contract bid but doesn't sign the contract within 20 days after getting a written notice, the money they put down with their bid will be taken by the district and added to its general fund. This means the bidder loses that money as a penalty.

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 fund.

Section § 5018

Explanation

This law requires that contractors must secure a surety bond worth at least 25% of the contract amount before starting work. This bond ensures that the contractor will complete the work as promised.

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.

Section § 5019

Explanation
The law states that a contractor must start work within 20 days after getting written notice that there is enough money or revenue bonds available in a special fund to pay for the project.
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.

Section § 5020

Explanation

When a contractor signs a contract, they must also provide a surety bond to the governing body. This bond needs to be at least half of the total contract amount. It's meant to ensure the contractor or their subcontractors pay for materials, supplies, and equipment used for the project.

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.

Section § 5021

Explanation

This law deals with the rules for giving notice and foreclosing liens. If someone wants to take legal action based on a bond connected to these liens, they need to do it within six months after the deadline for filing verified claims passes.

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.

Section § 5022

Explanation

This law states that if not specified in the chapter, the bond must follow the general state laws concerning contractor bonds. This is to protect workers and suppliers, giving them the first claim to any money owed to the contractor.

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.