DIVISION 5. UTILITIES OWNED BY MUNICIPAL CORPORATIONS [10001. - 10303.]
Division 5 enacted by Stats. 1951, Ch. 764.
§§ 10001–10303 · 58 sections
CHAPTER 1. Acquisition, Operation, and Sale of Utilities §§ 10001–10303 · 58 sections
ARTICLE 1. Acquisition and Operation §§ 10001–10014 · 19 sections
- § 10001 “Public utility” as used in this article, means the supply of a municipal corporation alone or together with its inhabitants, or any portion thereof, with…
- § 10001.5 A municipal corporation that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of…
- § 10002 Any municipal corporation may acquire, construct, own, operate, or lease any public utility.
- § 10003 The power to acquire and operate a public utility includes the power to complete, reconstruct, extend, change, enlarge, and repair a public utility acquired,…
- § 10004 For the purpose set forth in Sections 10002 and 10003 a municipal corporation may acquire, own, control, sell, or exchange lands, easements, licenses, and…
- § 10004.5 (a) Except as provided for in subdivision (b), any judicial action or proceeding against a municipal corporation that provides electric utility service, to…
- § 10005 Whenever, in the operation of a utility, a municipality develops an excess of water, light, heat, or power, over and above the amount which is necessary for…
- § 10006 No lease of a public utility is valid for a period of more than 15 years, and all such leases shall be let to the highest bidder at public auction.
- § 10007 (a) Every public utility furnishing light, heat, or power shall expend no funds for advertising when such advertising encourages increased consumption of such…
- § 10009 (a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling. (b)…
- § 10009.1 (a) If a public utility furnishes light, heat, water, or power to residential occupants through a master meter in a multiunit residential structure, mobilehome…
- § 10009.6 (a) The decision of a public utility to require a new residential applicant to deposit a sum of money with the public utility prior to establishing an account…
- § 10010 (a) No public utility furnishing light, water, power, or heat may terminate residential service for nonpayment of a delinquent account unless the public…
- § 10010.1 (a) A public utility furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless…
- § 10011 No electrical, gas, heat, or water public utility shall, by reason of delinquency in payment for any electric, gas, heat, or water services, cause cessation of…
- § 10011.5 Whenever a business transaction of a public utility, as defined in Section 10001, furnishing electricity, gas, water service where the utility has 10,000 or…
- § 10012 Every public utility shall comply with Section 8029.5.
- § 10013 (a) Subsequent to signing a contingent franchise, license, or service agreement with a local agency, a privatizer shall apply to the commission for a…
- § 10014 The commission may enter into a contract with a local agency to provide any technical assistance needed to comply with Section 10013, if the contract includes…
ARTICLE 2. Sale and Disposal §§ 10051–10061 · 11 sections
- § 10051 Any municipal corporation incorporated under the laws of this State may as provided in this article sell and dispose of any public utility that it owns.
- § 10052 Whenever the legislative body of a municipal corporation by a resolution passed by two-thirds of all its members determines that the public interest and…
- § 10053 The ordinance calling the special election shall recite the object for which the election is to be held, the purpose for which the proceeds of the sale are…
- § 10054 The ordinance shall be published once a day for at least 12 days in a newspaper published at least six days a week in the municipality or at least once a week…
- § 10055 The votes of two-thirds of all voters voting at the election are necessary to authorize the sale of the public utility described in the ordinance calling the…
- § 10056 The resolution and ordinance may provide for the sale of more than one public utility, but in such case the question of selling each public utility shall be…
- § 10057 If the vote cast at the election is in favor of the sale of the public utility mentioned in the ordinance calling for the election, the legislative body of the…
- § 10058 At the date fixed for receiving bids the legislative body of the municipal corporation shall open and examine all bids received and may sell the public utility…
- § 10059 When a bid is accepted by the legislative body of the municipal corporation, the legislative body may by resolution authorize its mayor, or president of its…
- § 10060 The proceeds of the sale of the public utility shall be placed in the municipal treasury and shall be applied exclusively for the purposes and objects…
- § 10061 (a) Notwithstanding Article 1 (commencing with Section 10001) and this article, and except as provided in Section 37420.5 of the Government Code, a municipal…
ARTICLE 3. Rights of Way §§ 10101–10107 · 6 sections
- § 10101 There is granted to every municipal corporation of the State the right to construct, operate, and maintain water and gas pipes, mains and conduits, electric…
- § 10102 A municipal corporation exercising its rights under this article shall restore the road, street, alley, avenue, highway, canal, ditch, or flume so used to its…
- § 10103 Before any municipal corporation uses any street, alley, avenue, or highway within any other municipal corporation or county, it shall request of the municipal…
- § 10104 If the two municipal corporations, or a municipal corporation and a county, are unable to agree on the terms and conditions and location of a use within three…
- § 10106 This article does not authorize the construction of any sanitary sewer within the territorial limits of any other municipality if the method of disposition of…
- § 10107 Nothing in this article limits in any respect the jurisdiction, powers, and duties vested by law in the Public Utilities Commission or, with respect to state…
ARTICLE 4. Rights in Public Lands and Waters §§ 10151–10155 · 5 sections
- § 10151 There is granted to every municipal corporation of the State the right of way for the location, construction, and maintenance of water works and works for the…
- § 10152 There is granted to every municipal corporation of the State the right to take from any of the lands belonging to the State adjacent to the works of such…
- § 10153 There is granted to every municipal corporation of the State the right to take, in the manner provided by law, any waters belonging to the State, not otherwise…
- § 10154 If the route or location of any works or adjuncts is changed so as not to cover or cross the lands selected under this article, or the use of the land selected…
- § 10155 When any selection of a right of way or land is made under this article by any municipal corporation, the legislative body thereof shall transmit to the State…
ARTICLE 5. Permitted Use of Improvements §§ 10201–10213 · 13 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 6. Injury to Property § 10251 · 1 section
- § 10251 Any person who injures or destroys, through want of proper care, any necessary or useful facility or equipment of any municipal corporation is liable to the…
ARTICLE 7. Financing Provisions §§ 10301–10303 · 3 sections
- § 10301 The Legislature finds and declares that financing the acquisition of privately owned facilities of an electrical or gas corporation by a municipal corporation…
- § 10302 As used in this article: (a) “Electrical corporation” means an electrical corporation as defined in Section 218. (b) “Gas corporation” means a gas corporation…
- § 10303 The use of certificates of participation by a municipal corporation not previously engaged in furnishing electricity or gas to customers on a regular and…