HomeMy WebLinkAbout70-86 - Work done by Special Districts in Public Rights of Way146
RESOLUTION NO. 70-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REQUESTING ACTION BY THE LEAGUE OF CALIFORNIA
CITIES TO CLARIFY CONFLICTS BETWEEN SPECIAL DISTRICTS, CITIES
AND COUNTIES PERTAINING TO WORK DONE BY SPECIAL DISTRICTS IN
PUBLIC RIGHTS OF WAY WITHIN CITIES AND COUNTIES.
WHEREAS, Section 31060 of the Water Code of the State of California,
which section is a part of Division 12 pertaining to county water districts,
grants authority to a special district to construct its works along, under or
across any street, provided that the same is in a manner that will afford
security for life and property, and contains no further requirement except
that the district shall restore the property crossed as near as may be to
its former state or so as not to impair its former usefulness; and
WHEREAS, similar provisions are contained in Section 35603 of said
Water Code, which section is a part of Division 13 pertaining to California
water districts; and
WHEREAS, there are similar provisions in several codes pertaining to
the powers of other types of special districts; and
WHEREAS, the right of these special districts to use public streets
for the purpose of installing pipe lines and appurtenant work is not limited,
but may extend outside the boundaries of the special district and pass
through unincorporated county areas and incorporated city areas where the
maintenance of the streets and highways is the obligation of and is at the
expense of the city and the county; and
WHEREAS, the law does not require the special district, who desires to
construct its facilities in a county highway or city street, to obtain a
permit from the county or the city, and does not provide for any guarantees
or controls; and
WHEREAS, there are provisions in the Streets and Highways Code which
require a permit from the Division of Highways in the event a special agency
seeks to install its facilities within the right of way of a State highway,
and affords the State of California considerable protection in such event.
NOW, THEREFORE, in consideration of the foregoing, the City Council of
the City of Costa Mesa does hereby resolve and order as follows:
SECTION 1: That the Director of Public Works of this City is hereby
authorized and directed to request the Public Works Section of the League
of California Cities, and the similar section of the Counties Supervisors
Association of California, to request their respective organizations to
take all steps necessary to clarify and eliminate the situation which now
exists and which allows special districts to use without permit or other
control, city and county streets and roads for the purpose of installing
facilities.
SECTION 2: Such clarification and elimination of inequities, whether
accomplished by legislation or other means, should provide, but not be
limited to, the following:
(a) The requirement that the special agency must obtain a permit from
the City or County before being permitted to construct facilities within
City and County rights of way.
(b) The right of the City and County to review and approve the
construction plans of the special district where its plans concern City
and County owned facilities.
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(c) The authority on the part of the City or County to designate
reasonable alternative routes through the City or County for the protection
of public safety, traffic, health and welfare.
(d) The authority on the part of the City or County to schedule the time
of construction work on City or County streets for the protection of public
safety, traffic, health, welfare and special City or County events.
(e) The authority on the part of the City or County to require the
special district to provide indemnification bonds or insurance, faithful
performance and labor and material bonds for restoration of the public
facilities of the city or county.
(f) The authority by the City or County to require of the special
district appropriate guarantees so that engineering and inspection fees
incurred by the City or County are paid in full by the special district.
(g) The authority to require guarantees that legal fees and expenses
incurred by the City or County in actions taken as a result of special
district projects within City or County rights of way are provided.
(h) Authority by the City or County to stop the work if the obligations
of the special district and its contractor are not being complied with, or
if the City or County is otherwise jeopardized by the work being performed.
SECTION 3: It is the hope and desire of this City Council that some
action through the appropriate City and County organizations may be taken to
initiate and sponsor legislation which will provide the guarantees above
mentioned, and at the same time provide a procedure which will be fair and
equitable, both to the special district and to the City or County whose
rights of way are involved.
ADOPTED, SIGNED and APPROVED this 5th day of October.
Mayor of the City of Costa Mesa
ATTEST:
City Clerk of the City of Costa(7sa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that the
above and foregoing Resolution No. 70-86 was duly and regularly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting
thereof held on the 5th day of October, 1970.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of
the City of Costa Mesa, this 6th day of October, 1970.
J 641 ti
City Clerk and ex -officio Clerk of e
City Council of the City of Costa esa