SECTIONS 10201-10213 - California Statutes

PUBLIC UTILITIES CODE

SECTION 10201-10213

10201. This article is intended to provide a means of making the
work and improvements herein mentioned useful and beneficial to the
lands or property assessed to pay the costs and expenses of the
construction thereof. The powers herein granted are supplemental to
any other powers granted by law to any county or city, and this
article does not repeal any other powers to use or utilize such work
or improvements.

10202. When any legislative body elects to proceed under this
article, the provisions hereof only shall apply and the limitations
herein shall be followed.

10203. This article and all of its provisions shall be liberally
construed to the end that the purposes hereof may be effective.

10204. "District," as used in this article, includes any district
for which the legislative body of any county or city may make
contracts.

10205. Whenever, under any street improvement act under which
public work or improvements may be installed or constructed and the
costs and expenses assessed in whole or in part against the lands or
property benefited, there have been installed or constructed within
any city or within the unincorporated territory of any county any
wells, pumps, dams, reservoirs, storage tanks, channels, tunnels,
conduits, pipes, hydrants, meters, or other appurtenances for
supplying or distributing a domestic water supply, or all or any
combinations thereof, and whenever there have been installed or
constructed within any city or within the unincorporated territory of
any county any mains, services, pipes, fittings, valves, regulators,
governors, meters, drips, drains, tanks, ditches, tunnels, conduits,
channels, or other appurtenances for supplying or distributing a
domestic or industrial gas supply, or all or any combinations
thereof, and no provision has been made for the maintenance,
operation, and use of the work or improvement constructed, and the
city owns no plant or system which can conveniently furnish water or
gas, or the county owns no plant or system which can conveniently
furnish the water or gas, the legislative body of the city or county,
as the case may be, may grant permission to furnish water or gas
therefor to any district, public corporation, mutual company, public
utility company, private company, or individual.

10206. Before granting such permission the legislative body of the
county or city shall find that the public interest, convenience, and
necessity require that the work or improvement be used, that water or
gas is necessary therefor, and that a certain, named, district,
public corporation, mutual company, public utility company, private
corporation, or individual can most conveniently furnish water or
gas. Thereupon the county or city may grant to such district, public
corporation, mutual company, public utility company, private
corporation, or individual the right to attach his lines or system to
the work or improvement, and to furnish water or gas through the
work or improvement to all lands which were assessed to pay the costs
and expenses of constructing the work or improvement.

10207. The permission shall be signed by the mayor or other chief
executive of the city or by the chairman of the board of supervisors
of a county, and by the person or authorized officers of the
permittee.

10208. The permission shall state the time for which it is given,
which shall not exceed two years, and describe the work or
improvement for which it is given, and shall require the permittee to
maintain the work or improvement during the term of the permission,
and to make all necessary repairs thereto during such term, and to
furnish gas or water, as the case may be, to all lands assessed to
pay all or any part of the costs and expenses of the work or
improvement.

10209. If any extensions of or additional installations for the
work or improvement are necessary in order to serve all of the lands
required to be served, the permittee shall not be obligated to make
such extensions or additional installations, but shall permit any
owner of such land to make the extensions and installations under
reasonable regulations to be fixed by the city engineer or county
surveyor, to attach them to the work or improvement, and to receive
gas or water therefrom.

10210. The permission shall provide that the charge made by the
permittee for gas or water shall not be greater than the charge
therefor made by the permittee for such service elsewhere, and shall
provide that the permittee shall pay a reasonable charge, to be
determined by the legislative body granting the permission, for the
use of the work or improvement. Such rental shall be paid to the
treasurer of the county or city at least semiannually and placed in a
special fund, which shall be used for the improvement or replacement
of the work or improvement or any part thereof.

10211. The permission granted under this article to a private
corporation or individual, not a public utility, and the furnishing
of gas or water thereunder shall not be construed as a holding out or
undertaking of such corporation or individual to serve any and all
persons or as constituting the corporation or individual a public
utility or as being any evidence thereof.

10212. The permission shall expressly reserve to the legislative
body granting it the right to terminate it whenever the city or
county can conveniently furnish gas or water. If so terminated, the
county or city shall thereafter furnish such gas or water.

10213. The permission shall provide that if any district or public
corporation is formed or extended, and if the district or public
corporation can conveniently serve the territory with gas or water,
any permission granted to any public utility, private corporation, or
individual may be terminated by the legislative body. If permission
is so terminated, the legislative body may grant permission to use
the work or improvement and furnish gas or water to such district or
public corporation in the manner and under the limitations provided
in this article.