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RESOLUTION 70-93 REQUESTING THE DIRECTOR OF PUBLIC WORKS TO SEEK, THROUGH THE LEAGUE OF CALIFORNIA CITIES, LEGISLATION EXTENDING CONTROL OF CITIES OVER SPECIAL WATER DISTRICTS W~EN CONSTRUCTING WITHIN b~3NICIPALITIES WHEREAS, State Code provisions grant broad authority to certain special water districts to use streets within municipalities for the purpose of installing pipe lines and attendant appurtenant work; and W~EREAS, there is no authority or requirement that such districts procure from affected cities permits for the installations to be constructed, rendering the said cities without controls or regulation for such activities within their respective jurisdictions; and WHEREAS, the State of California does have provision for regulation by permit of installations by such special water districts within State highways; and WHEREAS, such protection and control for the benefit of municipalities is greatly to be desired; NOW, THEREFORE, BE IT RESOLVED: 1. That the Director of Public Works is directed to request that the Public Works Section of the League of California Cities take all steps as may be required to institute a requirement that special water districts obtain permits for construction or repair work within the confines of municipalities and that such water districts comply with all reasonable requirements upon which such permits may be conditioned. That the following provisions be considered: (a) The right of the affected city to review and approve the construction plans of the special district when its plans concern city-owned facilities; (b) The right of the city to designate reasonable alternative routes through the city for the protection of public health, safety, and welfare; (c) The right of the city to designate the time for the proposed construction by a special district; (d) The right of the city to require of the special district indemnification bonds or insurance for the benefit of the city to assure faithful performance, payment of labor and material charges and restoration of city facilities. (e) The right of the city to require of the special district appropriate guarantees so that engineering and inspection fees incurred by city are paid in full by the district; (f) ~he right of the city to require a guarantee that any expenses incurred, including reasonable attorneys fees, by the city in any action taken as a result of special district projects within its territory, shall be compensated. (g) The right of the city to stop special district project work if the said district is not meeting its obliga- tions or performing otherwise pursuant to its agree- ment. -1-