HomeMy Public PortalAbout78-428 ORDINANCE NO. 78-428
AN ORDINANCE OF THE CITY OF CARSON
ESTABLISHING REGULATIONS CONCERNING
PIPELINE FRANCHISES AND AMENDING
THE CARSON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
' FOi,LOWS:
SECTION 1. The Carson Municipal Code is hereby amended by
adding Chapter 8 to Article VI to read:
CHAPTER 8
PIPELINE FRANCHISES
PART I. GENERAL PROVISIONS AND DEFINITIONS
6800. Short Title. This Chapter shall be known and
cited as "The Pipeline Franchise Ordinance. "
6801. General Conditions. Every franchise hereafter
granted by the City to lay or construct from time to time,
and to maintain, operate, renew, repair, change the size of,
remove or abandon in place pipes and pipelines for the
collection, transportation or distribution of oil, gas,
gasoline, petroleum, wet gas, hydrocarbon substances, water ,
waste water, mud, steam and other liquid substances which
are not more hazardous than the aforementioned substances,
together with all manholes, valves, appurtenances and
service connections necessary or convenient for the operation
of said pipes or pipelines including conduits, cathodic
protection devices, wires, cables and other appurtenances
necessary or convenient for the exercise of the Franchisee ' s
' business, in, under , along or across any and all streets
within the City of Carson, except as otherwise provided in
the ordinance granting the franchise, shall be granted upon
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and be subject to the rules, regulations, restrictions and
terms and conditions of this Chapter, in addition to those'
rules, regulations, restrictions, terms and conditions set
forth in the ordinance granting the franchise. This Chapter
' shall not apply to any public utility organized for the purpose
of supplying or distributing water , to any mutual water company,
or to any other water company when transporting water.
6802. Pole Lines. Nothing in this Chapter or in any ordinance
granting such a franchise shall be construed to permit the
grantee to construct new poles or other facilities above ground.
6803. Definitions. For the purpose of this Chapter , the
following terms , phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
' words in the plural number include the singular number and
words in the singular number include the plural number.
a. "Council" shall mean City Council of the City of
Carson.
b. "Code" shall mean the Municipal Code of the City
of Carson.
C. "Chief Engineer" shall mean the Chief Engineer of
the Los Angeles County Consolidated and Dominquez Fire
Protection Districts.
d. "Department" shall mean the Public Works Department
of the City of Carson.
e. "Director" shall mean Public Works Director of
the City of Carson.
f. "Franchisee" or "Grantee" shall mean the person- to
whom the franchise is granted, and any person to whom it is
lawfully assigned.
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g . "Facilities" or "Appurtenances" shall mean all
property of the franchisee , including , but not limited to,
pipelines, pump stations, and service connection with the
' Franchisee' s facilities, whether installed by the Franchisee
or not , erected , constructed , laid, operated or maintained
in, upon, over , under , along or across any street pursuant
to any right or privilege granted by the franchise.
h. "Franchise payment period" shall mean the time period
between the effective date of the ordinance granting the fran-
chise and December 31 of the same year , and each calendar year
thereafter, during the life of the franchise.
i. "Franchise report period" in all cases shall mean the
time period between the effective date of the ordinance granting
the franchise through and including December 31 of that year , and
each calendar year thereafter , during the life of the franchise.
' j . "Highway Permit Ordinance" shall mean County of Los
Angeles Ordinance No . 3597, as adopted by reference in the City
pursuant to Section 7100 of the Carson Municipal Code.
k . "Main" shall mean any pipeline or conduit laid in,
along , or approximately parallel with any street for the collec-
tion, transmission or distribution of any substance or commodity.
1. "Major street" shall mean any street or portion
thereof designated as a major Secondary Highway in the Circulation
Element of the General Plan.
M. "Minor street" shall mean all streets in the City
other than those designated as "major" or "Secondary Highways"
in the Circulation Element of the Carson General Plan.
n. "Person" shall mean any individual , person, firm,
' partnership or corporation.
o. "Section" shall mean a section of the Carson
Municipal Code, unless some other Code or statute is mentioned.
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P. "Service connection" shall mean the wire, pipes, or
conduits connecting the building or place where the service
or commodity supplied by the Franchisee is used or delivered,
or is made available for use or delivery, with the supply
line or supply main in the highway or with such supply line
or supply main on private property.
q. "Shall" is mandatory, "may" is permissive.
r. "Street" shall mean any street, road, highway, alley,
lane, or court or other public easement, and above and below
the same, which now exists or may hereafter exist in the City
of Carson and in which the City has the authority to grant a
franchise.
S. "Supervisor" shall mean the Business License
Supervisor of the City of Carson.
6804. Term. Unless the ordinance granting the franchise
' provides otherwise, the term of the franchise shall be
twenty-five (25 ) years.
6805. Acceptance of Franchise. The Franchisee shall, within
thirty (30) days after the passage of the ordinance granting
the franchise, file with the City Clerk of the City of Carson
and with the Supervisor a written acceptance of the terms and
conditions of said ordinance.
6806. Nonexclusive Franchise. The granting of the franchise
shall not be construed to prevent the City from granting
any identical or similar franchise to any person other than
the Franchisee. Nothing herein contained shall ever be con-
strued so as to exempt the Franchisee from compliance with all
ordinances, rules or regulations of the City now in effect or
which may be hereafter adopted which are not inconsistent with
the terms of the franchise.
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6807 . Change in Status. If , after the granting of a
franchise to other than a public utility, the Franchisee
qualifies before the Public Utilities Commission of the
' State of California as a common carrier, the Franchisee
shall then have no right to continue to operate hereunder
after the date of such qualification, except with the
consent of the Council, granted upon such additional terms
and conditions as the Council may deem proper. Such addi-
tional terms and conditions shall be expressed by ordinance.
6808. Maps. Within ninety ( 90) days following the date in
which any facilities or appurtenances have been laid,
removed or abandoned under the franchise, the Franchisee
shall file a map or maps with the Department showing the
accurate "as built" location, depth, and size of the facil-
ities or appurtenances so laid, removed or abandoned.
6809. Insurance. On or before commencement of any franchise
operations, Franchisee shall obtain or provide satisfactory
evidence of having policies of liability and worker ' s
compensation insurance from companies authorized to transact
business in the State of California by the Insurance Commis-
sioner of California.
A. The policy of liability insurance shall:
1. Be issued to Franchisee and name the City, and
its officers, agents, and employees, as additional insureds.
2. Indemnify for all liability for personal and
bodily injury, death and damage to property arising from
' activities conducted pursuant to this franchise by providing
coverage therefor, including but not limited to, coverage for:
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a. Negligent acts or omissions of Franchisee
and the agents, servants and employees thereof, committed in
the conduct of franchise operations.
' b. Provide a combined single limit liability
insurance in the amount of ONE MILLION DOLLARS ($1,000,000 .000) .
C. Be noncancellable without thirty (30) days'
written notice thereof directed to the Supervisor.
B. The policy of worker ' s compensation insurance shall:
1. Have been previously approved as to substance
and form by the California Insurance Commissioner.
2. Cover all employees of Franchisee who in
the course and scope of their employment are to conduct or
do work pursuant to the franchise operations.
3. Provide for every benefit and payment
presently or hereinafter conferred by Division 4 of the
' Labor Code of the State of California upon an injured
employee, including the vocational rehabilitation and death
benefits.
4. Be noncancellable without thirty (30)
days' written notice thereof directed to the Supervisor.
Franchisee shall file with the Supervisor prior to commence-
ment of any franchise operations either certified copies of
said policies or a certificate of insurance for each of the
required policies executed by the company issuing the
policy, certifying that the policy is in force and providing
the following information with respect to said policy:
a. The policy number.
b. The date upon which the policy will
' become effective and the date upon which it will expire.
C. The names of the named insured and any
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additional insureds.
d. Subject of the insurance.
e. The type of coverage provided by the
' insurance.
f. Amount of limit of coverage provided by
the insurance.
g. A description of all endorsements that
form a part of the policy.
Any franchise operations shall not commence until Franchisee
has complied with the aforementioned provisions of this
section, and any such operations shall be suspended during
any period that Franchisee fails to maintain said policies
in full force and effect.
6810. Faithful Performance Bond. On or before the effec-
ttive date of the ordinance granting the franchise, Franchisee
shall file and thereafter at all times during the life of
the franchise keep on file with the Supervisor a corporate
surety bond approved by the City Attorney running to the
City in the penal sum of TEN' THOUSAND DOLLARS ( $10 ,000) ,
with a surety to be approved by the Supervisor, conditioned
that Franchisee shall well and truly observe, fulfill and
perform each condition of the franchise and that in case of
any breach of condition of the bond the whole amount of the
penal sum shall be deemed to be liquidated damages and shall
be recoverable from the principal and sureties of the bond.
If said bond is not filed prior to the effective date of the
ordinance granting the franchise, the award of the franchise
may be set aside and the ordinance granting the franchise
repealed at any time prior to the fiing of said bond and any
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money paid in consideration for said award of franchise
shall be deemed forfeited. In the event that said bond,
after it has been so filed, shall at any time during the
' life of the franchise become insufficient, Franchisee agrees
to renew said bond, subject to the aproval of the City
Attorney, within ten (10) days after written notice to do so
from the Supervisor.
6811. Alternate Security. In lieu of the bond required
pursuant to Section 6810, the Franchisee may file alternate
security provided in Section 1400 of this Code.
6812. Length. Whenever the length of any wire, pipe or
conduit is a factor in calculating any payment due under
any franchise granted by the City, all service connections
shall be excluded in determining such lengths.
6813. Forfeiture. The franchise is granted and shall be
held and enjoyed upon each and every condition contained in
the ordinance granting the franchise, including such condi-
tions contained herein as are incorporated by reference in
said franchise ordinance, and shall ever be strictly construed
against the grantee. , Nothing shall pass thereby unless it
be granted in plain and unambiguous terms. Any neglect,
failure or refusal to comply with any of the conditions of
the franchise shall constitute grounds for the suspension or
forfeiture thereof. The Council, prior to any suspension or
forfeiture of the franchise, shall give to the grantee not
' less than thirty ( 30) days notice in writing of any default
thereunder. If the grantee does not, within the noticed
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period , begin the work of compliance or after such beginning
does not prosecute the work with due diligence to completion,
the Council may hold a hearing, at which the grantee shall
' have the right to appear and be heard, and thereupon the
Council may determine whether such conditions are material
and essential to the franchise and whether the grantee is in
default with respect thereto and may declare the franchise
suspended or forfeited. Notice of said hearing shall be
given to the grantee by certified mail not less than five
( 5 ) days before said hearing.
6814 . value of Franchise. The grantee of any franchise
awarded to a public utility, by accepting the terms and
conditions thereof , stipulates and agrees that in any
proceeding for the purpose of adjusting the rates of the
' grantee, no greater value shall be placed upon the franchise
than the actual cash paid therefor by the grantee.
6815. State Highways. If any street or portion thereof
becomes a state highway, except for the right to continue to
collect franchise payments in such other rights as by law
remain with the City, the state shall succeed to all rights
reserved to the City by the franchise; but this provision
shall not preclude the grantee from receiving reimbursement
for the relocation of its facilities if and to the extent
otherwise lawfully entitled to.
This section applies to any street or portion thereof
which becomes a state highway in which the grantee maintains
its facilities under the authorization of the franchise at
the time such street or such portion thereof becomes a state
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highway, whether at such time it is under the jurisdiction
of the City, or any other public entity.
This section does ,not require any change of location in
a state highway for a temporary purpose.
6816. Eminent Domain. No franchise granted by the City
shall in any way impair or affect the right of the City or
any successor in authority to acquire the property of the
grantee by purchase or condemnation, and nothing contained
in such a franchise shall be construed to contract away,
modify or abridge either for a term or in perpetuity the
City's right of eminent domain in respect to any public
utility.
6817. Publication Costs. The grantee shall pay to the City
within thirty (30) days after receiving a statement therefor,
' all advertising and publishing costs, including the cost of
publishing the ordinance, if necessary, incurred in connection
with the granting of the franchise.
6818. Assignment. The grantee shall not sell, transfer,
assign or lease the franchise or any part thereof, except
with the consent of the Council. Such sale, transfer,
assignment or lease shall be made only by filing with the
Council a copy of the duly executed instrument of such sale,
transfer, assignment or lease and a written request for
the consent of the Council to such sale, transfer, assignment
or lease. If such duly executed instrument and such written
request, is not filed with the Council before the expiration
of sixty (60) days after the effective date of such sale,
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transfer, assignment or lease, then, upon the expiration of .
said sixty (60 ) days, the franchise shall be subject to
forfeiture and the Council may, without notice, by ordinance,
repeal the franchise. As a condition to the granting of
consent to such sale, transfer, assignment or lease, the
Council may impose such additional terms and conditions
upon the franchise and upon the grantee or assignee, which
the Council may deem to be in the public interest. Such
additional terms and conditions shall be expressed by
ordinance. Nothing herein contained shall be construed to
grant to the grantee the right to sell, tranfer, assign or
lease the franchise, or any part thereof, except in the
manner aforesaid. This section applies to any assignment,
whether by operation of law, by a voluntary act of the
grantee or otherwise.
6819. Prior Franchises. All facilities erected, construc-
ted, laid, operated or maintained by the grantee in the
streets, including services connected with the grantee' s
facilities, whether installed by the grantee or not, in the
area described in and by virtue of the authority provided by
the ordinance granting, the franchise, prior to the effective
date of said ordinance, except those maintained under
prior right other than franchise, shall become subject to
all the terms and conditions of such ordinance upon such
effective date.
6820. City Officers. Any right or power conferred, or
duty imposed upon any officer, employee or department of the
City shall be subject to transfer to any other officer,
employee, or department of the City.
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6821. Hold Harmless. The grantee shall be responsible
to the City and save the City and its officers and employees
free and harmless from all damages or liability arising
from the use, operation or possession of the franchise, and
' from the use, operation or maintanence of the facilities
erected, constructed, laid, 'operated or maintained thereunder.
6822. Standards. All facilities erected, constructed,
laid, operated or maintained under the provisions of the
franchise shall be erected, constructed, laid, operated or
maintained in accordance with and conforming to all the
ordinances, codes, rules and regulations now or hereafter
adopted or prescribed by the Council.
6823 . Conflicting Improvements. If the City or any other
public entity constructs or maintains any storm drain,
' sewer structure, or other facility or improvement under or
across any facility of the grantee maintained pursuant to
the ordinance, the grantee shall provide at no expense to
the City or other public entity such support as shall be
reasonably required to support, maintain and protect gran-
tee' s facility.
6824. Relocation. If the grantee after reasonable
notice, fails or refuses to relocate permanently or tempor-
arily its facilities located in, on, upon, along, under,
over, across or above any highway or to pave, surface,
grade, repave, resurface or regrade as required, pursuant to
' any provision of the franchise, the City or other public
entity may cause the work to be done and shall keep an
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itemized account of the entire cost thereof, and the grantee
shall hold harmless the City, its offices and employees
from any liability which may arise or be claimed to arise
' from the moving, cutting, or alteration of any of the
grantee' s facilities, or the turning on or off of water,
oil, or other liquid, gas, or electricity.
The grantee agrees to, and shall, reimburse the City
or other public entity for such cost within thirty (30)
days after presentation to said grantee of an itemized
account of such costs.
6825 . Defective Facilities. If any portion of any street
shall be damaged by reason of defective facilities laid
or constructed under the franchise, the grantee shall, at
its own expense, repair any such defect and put such
street in as good condition as it was before such damage
' was incurred, to the satisfaction of the City. If the
grantee, within ten (10) days after receipt of written
notice from the City, instructing it to repair such damage,
shall fail to commence to comply with such instructions,
or, thereafter, shall fail diligently to prosecute such work
to completion, then the City immediately may do whatever
work is necessary to carry out said instructions at the cost
and expense of the grantee, which cost and expense, by the
acceptance of the franchise, the grantee agrees to pay upon
demand. If such damage constitutes an immediate danger to
the public health or safety requiring the immediate repair
thereof, the City without notice may repair such damage
' and the grantee agrees to pay the reasonable cost thereof
upon demand.
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6826. Hazardous Substances. Prior to the issuance of any
excavation permit for the construction or installation of any
pipeline for the transmission of flammable liquids or gases,
which are heavier than air , approval shall be obtained from
the chief engineer. Such approval should be based on the
determination that no undue fire hazard will be created to
life or property in the areas through which the proposed
pipeline will be located. To make such determination,
consideration shall be given to:
(A) Type of commodity to be transmitted.
(B) Density of population or structural development
in the area through which the pipeline will be located.
(C) Adequacy of water supplies for fire control
purposes.
(D) Extent of available public fire protection
facilities.
' (E) Number and location of shut-off valves in line.
PART II. COMPENSATION
6830. Rates. As consideration for the franchise granted,
the Franchisee shall pay to the City in lawful money of
the United States the following:
A. Public Utility
The Franchisee of any franchise awarded to a public utility,
as consideration for such franchise, including the extension,
renewal, or continuation of a previously granted franchise,
shall pay to the City in lawful money of the United States,
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two percent (2% ) of the gross annual receipts of the
franchisee arising from the use, operation or possession of
the franchise; provided, however, that such payment shall in
no event be less than one percent (1% ) of the gross annual
' receipts of applicant derived from the sale within the
limits of the municipality of the utility service for
which the franchise is awarded; or such other amounts as are
provided in Section 6231 of the Public Utilities Code of
the State of California. The City reserves the right to
change its fees at five (5) year intervals from the effective
date of the ordinance granting the franchise, if following a
public hearing, such action is not in conflict with the law
of the State of California.
B. Others
The Franchisee of any franchise awarded to any other than a
' public utility, as further consideration for such franchise
including. the extension, renewal, or continuation of a
previously granted franchise, shall pay to the City in
lawful money of the United States the following fees:
1. In the case of an initial grant of franchise,
or franchises which extend, renew, or continue previously
granted franchises, a base granting fee of five thousand
dollars ( $5, 000) for pipelines with a total length of 4 mile
or more or five hundred dollars ( $500.00 ) for pipelines with
a total length of less than 4 mile shall be paid within
thirty (30) days after the Council adopts the ordinance
granting the franchise and prior to signing the written
acceptance of the franchise pursuant to Section 6805 of this
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Code. If at any time during the first five (5) years
following the grant of a franchise additional pipeline is
added which will result in a total length of pipeline of a
mile or more, the five thousand dollar ($5,000. 0) granting
' fee shall be required at the time said footage is added.
2. A base annual fee shall be paid within sixty
(60 ) days after the end of each calendar year and during the
life of the franchise for each and every year, including the
year of granting the franchise, according to the "franchise
payment period" as defined in this ordinance, in the amount
of 12 cents ($ .12 ) per lineal foot of pipe for pipelines
with an internal diameter of 8 inches or less and an addi-
tional 2 cents ( $ . 02 ) per inch of internal diameter per
foot of pipe for each inch or portion thereof in excess of 8
inches. In determining the number of feet of pipeline upon
which the annual fee will be computed, the greatest number
' of feet of pipeline covered by the franchise during the
calendar year for which payment is due will be utilized.
The base annual fee shall be paid no later than seventy-five
(75) days following the end of the calendar year and a
penalty at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date shall be charged,
but in no event shall said penalty exceed fifty percent
(50% ) .
3. The City reserves the right to adjust the base
fees established hereunder at any time after the effective
date of the ordinance granting a franchise, but the base
fees applicable to any one franchise may only be changed
five (5) times during the life of that particular franchise.
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C. Base Construction Charges.
The holder of the franchise shall pay at the time of installa-
tion, relocation, or replacement of any pipeline or other
facility covered by the franchise, a base construction
charge of fifteen hundred dollars ( $1,500. 00) for each
one-half ('h ) mile of pipeline or fractional part thereof
installed, replaced or relocated on major streets and
$1, 000. 00 per h mile or fractional part thereof, on minor
streets. The City reserves the right to change the base
fees established hereunder at any time after the effective
date of the ordinance granting a franchise, but the base
fees applicable to any one franchise may only be changed
five (5) times during the life of that particular franchise.
D. Adjustments.
The amount of each base fee provided under subsections B
and C of this Section shall be revised at the time payment
is due hereunder in accordance with the following formula:
1 . If 90 days prior to the date on which payment
from the franchise holder shall be due the Wholesale Price
Index, all commodities, (1967 equals 100. 0) prepared by the
United States Bureau of Labor Statistics, Department of
Labor, shall stand at a level different than the "base
level" (as defined hereinafter) then the rate of payment to
the City shall vary from the hereinabove amounts in direct
proportion as said Index has increased or decreased from the
"base level. " "Base level" for the purposes of this section
shall be the level of the Index on December 31, 1977.
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2 . If said Bureau shall discontinue the prepar-
ation of said Wholesale Price Index using prices prevailing
during the year 1967 as the base of 100, and if no transposi-
tion table prepared by said Bureau is available which is
applicable to said year, 1967, then the amount of each
annual payment shall be computed by using the successor or
most nearly comparable successor index thereto.
3. In no event shall any fee less than the base
fees established by subsections B and D of this section
be charged.
6831. Proration of Payments. In the event of abandonment
of facilities with the approval of the City as elsewhere in
this Chapter provided, or in the event of removal of such
facilities by the Franchisee, or in the event of the grant
of a franchise with an initial franchise payment period of
less than one year, the annual franchise fee required under
subsections A and B of Section 6830 shall be prorated for
the calendar year in which such removal or abandonment or
grant occurs as of the end of the calendar month in which
- removed, abandoned or granted.
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6832. Records. Franchisee shall keep and preserve for
a period of five (5) years subsequent to the date of the
most recent franchise fee determination all the records
necessary to determine the amount of such franchise fee.
At all reasonable times, the Franchisee shall permit
the City or its duly authorized representative to examine
all property of the Franchisee erected, constructed, laid,
operated or maintained pursuant to the franchise, together
with any appurtenant property of the Franchisee, and to
examine and transcribe any and all books, accounts, papers,
maps, and other records kept or maintained by the Franchisee
or under its control which concern the operations, affairs,
transactions, property or financial condition of the Franchisee
with respect thereto. Said records shall be made available
to the City at a location in the County of Los Angeles.
PART III . CONSTRUCTION
6840. Construction Requirements. Pipelines and appurtenances
shall be constructed and maintained in a good workmanlike
manner in conformity with the terms and conditions of the
Higway Permit Ordinance, or any other ordinance, rule or
regulation, now, or as hereafter amended, adopted or pres-
cribed by the City. All pipes laid under the franchise
shall be of first class material. All pipelines and appur-
tenances will be installed in accordance with the latest
revision of the "American Standard Code of Pressure Piping
ASA B31. 4" and the Highway Permit Ordinance.
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6841. New Installation or Replacement. New installations .
or replacements of pipelines and appurtenances and all other
facilities necessary for the installation, operation,
maintenance, and safety of pipelines and conduits shall be
laid and maintained only pursuant to permit issued by the
Department. All such installations or replacements shall be
reviewed by the Director as to the most desirable location
in the streets of the City and his decision shall be final
and binding on the Franchisee.
6842. Permits. Where the provisions of the Highway
Permit Ordinance, or the provisions of any other ordinance,
rule or regulation, which shall be in force at that time,
require the issuance of an excavation, encroachment or other
type of permit, the Franchisee shall not commence any
excavation or encroachment work under the franchise until
it shall have obtained such permit from the Department
except in cases of emergency affecting public health,
safety or welfare or the preservation of life or property,
in which case the Franchisee shall apply for such permit not
later than the next business day.
The application of the Franchisee for such permit
shall show the following facts: the length and proposed
location of the pipeline and/or appurtenance intended to be
used, and such other facts as the Department may require.
The Franchisee shall pay any and all permit inspection fees
to the Department.
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6843. Work on and Restoration of Streets. The work
of constructing, laying, replacing, maintaining, repairing
or removing all pipelines and appurtenances authorized under
the provisions of this Chapter in, over, under, along or
across any street shall be conducted with the least possible
hindrance to the use of the street for purposes of travel,
and as soon as such work is completed, all portions of the
street which have been excavated or otherwise damaged
3
thereby shall promptly and in a workmanlike manner be
repaired, replaced or restored and placed in as good
condition as the same was before the commencement of
such work. Such restoration, repair or replacement work
shall be done to the satisfaction of the Director at the
expense of the Franchisee, and in accordance with the terms
and conditions of the Highway Permit Ordinance.
' In the event that the Franchisee shall fail or
neglect to make such highway repair, replacement, or resto-
ration work, then ten (10) days after notice therefor has
been given Franchisee by the Director, the City may repair,
replace or restore said highway at the expense of Franchisee.
Franchisee agrees to pay to the City the cost of performing
such work. The amount so chargeable shall be the direct
cost of such work plus the current rate of overhead ,being
charged by the City for reimbursable work.
6844. Failure to Timely Comply. In the event that the
Franchisee fails to complete the work within the time
specified in the permit, the City may require the Franchisee
to pay to the City not more than two hundred dollars
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SLD11-22h
Ord. No. 78-428/22 of 32
( $200.00) per day as liquidated damages for each day con-
- struction extends beyond the time specified in the permit.
Whenever the Franchisee fails to complete any work
' required by the terms and conditions of the franchise, and
the permits issued thereunder, within the time limits
required thereby, the City may complete or cause to be
completed any and all such work at the expense of the
Franchisee. The Franchisee agrees to pay to the City the
cost of performing such work. The amount so chargeable to
Franchisee shall be the direct cost of such work plus the
current rate of overhead being charged by the City for
reimbursable work.
6845. Completion Statement. Upon the completion of
the construction of any pipelines or appurtenances con-
' structed pursuant to said franchise, the Franchisee shall
submit a statement to the Supervisor, identifying the permit
or permits issued by the Department, the total length of
pipeline, the construction of which was authorized under
such permit or permits, and the total length of pipeline or
appurtenance actually laid.
6846. Responsibility. The Franchisee shall be responsible
to the City and shall save the City, its officers, agents,
and employees, free and harmless from all damages or
liability arising from any damage or injury suffered by any
person by reason of any excavation or obstruction being
' improperly guarded during any work authorized pursuant to
the franchise or the failure or neglect of the Franchisee to
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SLD11-23A
Ord. No. 78-428/23 of 32
properly perform, maintain, or protect any phase of such
work.
6847. Appurtenances. The Franchisee shall have the
right to construct, maintain and repair such traps, manholes,
conduits, valves, appliances, attachments and appurtenances
(hereinafter collectively referred to as "appurtenances" ) as
may be necessary or convenient for the proper maintenance
and operation of the pipelines under said franchise, and
said appurtenances shall be kept flush with the surface of
i
the street and so located as to conform to any ordinance,
rule or regulation of the City, or of any permit issued by
the Department in regard thereto and shall not interfere
with the use of the street for travel. The Franchisee shall
have the right subject to such ordinances, rules or regula-
tions as are now or may hereafter be in force, to make all
necessary excavations in said streets for the construction,
maintenance and repair of said appurtenances; provided,
however, that the Franchisee shall first obtain an excava-
tion permit from the Department for doing of any such
work.
6848. Ordinary Repair. The Franchisee shall be privileged
to excavate in the road or street for line repair for the
number of days agreed upon by the Franchisee and the
Department; provided, however, that the Franchisee shall
first obtain an excavation permit from the Department for
the doing of any such work.
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SLD11-24A
Ord. No. 78-428124 of _02
6849. Relocation of Pipelines and Appurtenances.
- A. The City reserves the right to change the grade,
to change the width or to alter or change the location of
any street over which the franchise is granted. If any of
' the pipelines, facilities or appurtenances heretofore or
hereafter constructed, installed or maintained by the
Franchisee pursuant to the franchise on, along, under, over,
in, upon or across any street are located in a manner which
prevents or interferes with the change of grade, traffic
needs , operation, maintenance, improvements, repair, construc-
tion, reconstruction, widening, alteration or relocation of
the street, the Franchisee shall relocate permanently or
temporarily any such facility at no expense to the City upon
receipt of a written request from the Director to do so, and
shall commence such work on or before the day specified in
such written request which date shall be not less than
thirty days from receipt of such written request. Franchisee
shall thereafter diligently prosecute such work to completion.
B. The City reserves the right for itself, and all
other public entities which are now or may later be esta-
blished, to lay, construct, repair, alter, relocate and
maintain subsurface or other facilities or improvements of
any type or description in a governmental but not proprietary
capacity within the streets over which the franchise is
granted. If the City or any other public entity finds that
the location or relocation of such facilities or improvements
conflicts with the facilities laid, constructed or maintained
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SLD11-25A
Ord. No. 78-428/25 of 32
under the franchise, whether such facilities were laid
before or after the facilities of the City or such other
public entity were laid, the Franchisee of such franchise
shall at no expense to the City or public entity, on or
' before the date specified in a written request from the
Director, which date shall be not less than thirty days
after the receipt of such notice and request to do so,
commence work to change the location either permanently or
i
temporarily of all facilities so conflicting with such
improvements to a permanent or temporary location in said
streets to be approved by the Director and thereafter
diligently prosecute such work to completion. If such
street be subsequently constituted a state highway, while it
remains a state highway the rights of the State of California
shall be as provided in Section 680 of the Streets and
Highways Code of the State of California.
6850. Breaks or Leaks. If any portion of the street
shall be damaged by reason of breaks or leaks in any
pipe, conduit, or appurtenance constructed or maintained
under the franchise, the Franchisee thereof shall, at its
own expense, immediately following written or oral notification
thereof, promptly repair any such damage and put such street
in as good condition as it was in before such damage or
leak, all to the satisfaction of the Department. The
Franchisee shall obtain an excavation permit from the
Department for the doing of any such work.
6851. Emergency Equipment. At all times during the term
of this franchise, the Franchisee shall maintain or arrange
for, on a twenty-four (24 ) hour a day basis adequate
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SLD11-26A
Ord. No. 78-428/26 of 32
emergency equipment and a properly trained emergency crew
within a radius of twenty-five (25) miles from any facilities
installed or maintained pursuant hereto for the purpose of
shutting off the pressure and the flow of contents of such
facilities in the event of an emergency resulting from an
earthquake, act of war, civil disturbance, fire, flood, or
any other cause or nature whatsoever.
6852. Removal or Abandonment of Facilities.
A. At the expiration, revocation or termination
of this franchise or of the permanent discontinuance of
the use of all or a portion of its facilities, the Franchisee
shall, within thirty (30) days thereafter make written
application to the City for authority either: (1 ) to
abandon all or a portion of such facilities in place; or
(2) to remove all or a portion of such facilities. The
Director shall determine whether any abandonment or removal
which is thereby proposed may be effected without detriment
to the public interest and under what conditions such
proposed abandonment or removal may be safety effected. He
shall then notify the Franch}see of his determinations.
B. Within thirty (30) days after receipt of such
notice, the Franchisee shall apply for a permit from the
Department to abandon or remove the facility. Such permit
is to contain the conditions of abandonment or removal as
may be prescribed by the Director.
The Franchisee shall, within ninety (90) days
after obtaining such permit commence and diligently prosecute
to completion, the work authorized by the permit.
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a
SLD11-27A
Ord. No. 78-428,/27 of 32
6853. Failure to Comply.
A. If any facilities to be abandoned "in place"
subject to prescribed conditions shall not be abandoned in
accordance with all such conditions the Director may make
additional appropriate orders, including an order that the
Franchisee shall remove any or all such facilities. The
Franchisee shall comply with such additional orders.
B. In the event that the Franchisee shall fail to
comply 1 with the terms and conditions of abandonment or
removal as may be required by this Chapter and within such
time as may be prescribed by the Director, then the City may
remove or cause to be removed such facilities at the Franchi-
see' s expense. The Franchisee shall pay to the City the
' cost of such work plus the current rate of overhead being
charged by the City for reminbursable work.
C. If, at the expiration, revocation or termination
of this franchise, or of the permanent discontinuance of the
use of all or a portion of its facilities, the Franchisee
shall, within thirty (30) days thereafter, fail or refuse
to make written application for the abovementioned authority,
the Director shall make the determination as to whether
the facilities shall be abandoned in place or removed. The
Director shall then notify the Franchisee of his determi-
nation. The Franchisee shall thereafter comply with the
provisions of subsection B of Section.6852.
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SLD11-287,
Ord. No. 78F /28 of 32
6854. Abandonment "in Place" Conditions. Facilities
abandoned "in place" shall be subject to the condition that
if, at any time after the effective date of the abandonment,
the Director determines that the facility may interfere with
' any public project, Franchisee or its successor in interest
must remove the facility, at its expense when requested to do
so by the City or to pay City for the cost of such removal.
PART IV. SPECIAL PROVISIONS FOR OIL PIPELINES
6860. Rights Granted. The Franchisee granted an oil
pipeline franchise shall have the right during the life
thereof to transport oil, gas, gasoline, petroleum, wet gas,
hydrocarbon substances, water, waste water, mud and other
liquid substances through the pipelines maintained under the
franchise. If the Franchisee or assignee later qualifies
before the Public Utilities Commission of the State of
California as a common carrier, the Franchisee or assignee
shall then have no right to continue to operate hereunder
after the date of such qualification except with the consent
of the Council, granted upon such additional terms and
conditions as the Council may deem proper. Such additional
terms and conditions shall be expressed by ordinance.
6861. Materials Used. All pipelines used or to be used for
the transportation of oil, gas, gasoline, petroleum,
wet gas, hydrocarbon substances or other flammable liquid,
shall be first class and standard material as set forth by
current American Petroleum Institute pipeline specifications.
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SLD11-29A
Ord. No. 78-428'29 of 32
6862. Approvals. On all pipelines laid pursuant to
- the franchise, the Chief Engineer shall approve where
flush-valve connections shall be placed in the line. The
availability of adequate water supplies, the commodity
transmitted in the line, and the location of control valves
shall be considered when making such determination. Such
flush-valve connections shall be installed in the manner
prescribed by the Chief Engineer.
6463. Reports. The Franchisee during the life of the
franchise, within ninety (90) days after the expiration
of each franchise payment period, shall:
A. File with the Supervisor two copies of a report
verified by the oath of the Franchisee or by the oath of a
duly authorized representative of the Franchisee showing for
' the immediately preceding franchise period, the length of
lines in streets, the internal diameter of such lines, the
rate per foot per year and the total amount due the City.
B. File with the Supervisor a report in triplicate,
showing the permit number of each permit obtained for the
installation of new mains during the immediately preceding
franchise payment period, together with the length and size
of said mains. On this report the Franchisee shall show any
change in franchise footage since the last franchise payment
period segregating such footage as to new mains laid, old
mains removed, old mains abandoned in place, and the footage
of mains in territory annexed or incorporated since the last
franchise payment period.
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SLD11-30A
Ord. No. 78-428/30 of 32
6864. Payments Due. Except for pipelines lawfully maintained
other than by the authority granted by the franchise, the
annual payments shall accrue from the respective dates of
installation, whether before or after the effective date of
' the ordinance granting the franchise, and such payments,
together with the initial construction charges, if any,
shall be due and payable annually.
6865. Nonapplicability. Sections 6860, 6863 , and 6864 do
not apply to public utilities.
PART V. PUBLIC UTILITIES
6870. Supervisor. The Franchisee of any franchise awarded
to a .public utility shall file with the Supervisor for each
franchise payment period, within ninety ( 90) days after such
period, two copies of a report verified by the oath of the
manager, or any responsible officer of the Franchisee
(except where the Franchisee is an individual, in which case
the report shall be verified the oath of the Franchisee)
showing the total gross recgipts of the Franchisee for the
franchise payment period, received or accrued in connection
with the furnishing of the commodity in the City or arising
from the use or operation of the franchise, together with
such additional data as is necessary in the opinion of the
Supervisor to calculate or verify the calculation of the
annual payment required by Section 6830 (A) (or the pro rata
amount thereof for the first period if less than one year)
' and which payment shall be paid within 15 days after said
ninety .(90) day period. In the event the amount paid is
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SLD11-25B
Ord. No. 78-428/31 of 32
incorrect in the judgment of the City, it may order the
payment of such additional sum as it may find thereunder;
and if not paid, or if paid under protest the same may be
determined by suit.
6871. Report to Supervisor. Within ninety ( 90 ) days
after the expiration of each franchise report period, the
Franchisee shall file with the Director a report in tripli-
cate, showing the permit number of each permit obtained for
the installation of new mains during the immediately preced-
ing franchise report period, together with the length and
size of said mains. On this report the Franchisee shall
show any change in franchise footage since the last franchise
report period, segregating such footage as to new mains
laid, old mains removed, old mains abandoned in place, and
the footage of mains in territory annexed or incorporated
' since the last franchise.
6872. Payments. The Franchisee, during the life of the
franchise, shall make annual payments to the City, as
provided in Subsections A, C, and D of Section 6830.
PART VI. SPECIAL PROVISIONS FOR GAS PIPELINES.
6880. Rights Granted. The Franchisee shall have the right,
during the period covered by the franchise and subject to
the terms and conditions thereof, to make service connections
with all property in the City adjoining streets and to
furnish and distribute gas through said pipes and pipelines
' to all territory in the City adjacent to said pipelines for
any purpose.
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Sl iJ 11-LOt;
Ord. No. 78-42832 of 32
6881 . Approval. On all pipelines carrying gas heavier than
air laid pursuant to the franchise, the Chief Engineer
shall approve where flush-valve connections shall be placed
in the line. The availability of adequate water supplies,
' the commodities transmitted in the line, and the location of
control valves shall be considered when making such determin-
ation. Such flush-valve connections shall be installed in
the manner prescribed by the Chief Engineer.
PASSED, APPROVED AND ADOPTED THIS 29th DAY OF
June , 1978.
�i
/ AYOR
ATTEST:
A 611 S 1
CITY CLE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I , Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of said City
. is five; that the foregoing ordinance, being Ordinance No. 78-428, passed first
reading on June 5, 1978, was duly and regularly adopted by the City Council of
said City at an adjourned regular meeting of said Council , duly held on the
29th day of June 1978, and that the same was passed and adopted by the
following roll call vote:
AYES: Council Members: Bridgers, Marbut, Calas and Yamamoto
NOES: Council Members: None
ABSENT: Council Members: Smith
ABSTAIN: Council Members: None
AOs
City Clerk, City of Carso , California
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