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Home My Public Portal About91-955ORDINA14CE NO. 91-955 AN ORDINANCE OF THE CITY OF CARSON RELATING TO PIPELINE FRANCHISES AND AMENDING THE CARSON MUNICIPAL CODE FOLLOWS: THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS Section Article VI, Chapter 8, Part I of the Carson Municipal Code is hereby amended by amending Section 6803, subparts (h) and (i) to read as follows: ''h. ''Franchise payment period" shall mean the time period between the effective date of the ordinance granting the franchise and June 30 or December 31 of the same calendar year, whichever is sooner; and the period between January 1 and June 30, and July 1 and December 31 of each calendar year thereafter during the life of the franchise. i. "Franchise report period" shall mean the time period between the effective date of the ordinance granting the franchise through and including June 30 or December 31 of that calendar year, whichever is sooner; and the period between January 1 and June 30, and July 1 and December 31 of each calendar year thereafter during the life of the franchise. r. "Street" shall mean any street, road, highway, alley, land or court or other public easement or public place, and above and below the same, which now or may hereafter exist in the City of Carson and in which the City has the authority to grant a franchise.'' Section 2. Article VI, Chapter 8, Part 11 of the Carson Municipal Code is hereby amended by amending Section 6830, subpart B to read as follows: "B. Non -Public UtilibV. The Franchisee of any franchise awarded to any entity 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: III the case of an initial grant of franchise, or franchises which extend, renew, or continue previously granted franchises, a base granting fee of seven thousand five hundred dollars ($7,500) for pipelines with a total length of 1/4 mile or more or one thousand six hundred dollars ($1,600) for pipelines with a total length of less than 1/4 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 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 1/4 mile or more, the seven thousand five hundred dollars 01-dillatice No. 9 1 1 1'-)99 � of 11 payment period", as defined in section 6803(h) of this Chapter, during the life of the franchisel including the year of granting the franchise. Said franchise fee shall accrue at the end of each semi-annual period for the pipeline area occupied by the greatest number of feet of pipeline covered by the franchise during the franchise payment period. For purposes of this subsection B(2), the pipeline area occupied by a pipeline or conduit including protective covering, pipe connections, cathodic protection facilities, pipe casings and other minor appurtenances shall be taken as equivalent to the volume occupied by a cylinder of equal length having a diameter of one inch (for metal pipe) or two inches (for plastic pipe) greater than the nominal internal diameter of the pipe or conduit but in no case with an equivalent cylinder diameter less than four inches (W), and the payment rate therefor shall be computed to the nearest tenth of a cent per lineal foot of pipe. Pipeline area occupied by any appurtenances such as manholes A vaults shall be computed from the outside dimensions of the structure. The semi- annual fee shall be paid no later than January 1st and July lst of each calendar year. A penalty at the rate of ten percent (10%) per month or fraction thereof beyond thirty (30) days after the payment due 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, and may only be changed in accordance with the provisions of California Public Utilities Code Section 6231.5(e).'' Section 3. Article V1, Chapter 8, Part 11 of the Carson Municipal Code is hereby amended by amending Section 6830, subpart C to read as follows: "C. Base Construction Charges. The holder of the franchise shall pay at Khe time of commencement of installation, relocation, or replacement of any pipeline or other facility covered by the franchise, a base construction charge of three thousand three hundred eighty four dollars ($3,384) for each 1/2 mile of trench or fractional part thereof installed, replaced or relocated on major streets and two thousand two hundred thirty two dollais ($2,232) per 1/2 mile of trench or fractional part thereof, on minor streets or actual cost of inspection, whichever is greater. 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 fpan Annii"nw_ Y_ Oi-(Miaiice No. 3 of 'i Section 4. Article VI, Chapter 8, Part 11 of the Carson Municipal Code is hereby amended by amending Section 6830, subpart D to read as follows: I'D. Adjustments. 1. The amount of each base fee specified in subsections B and C of this Section shall be adjusted at the time payment is due by the percentage change in the Consumer Price Index, all Urban Consumers for the Los Angeles -Anaheim - Riverside area (1982-84 = 100), for the period July 1, 1991 to the date which is sixty (60) days prior to the due date of the fee. 2. In no event shall any base fee be charged which is less than the base fee amount established by subsections B and C of this Section. 3. The indices specified in paragraph -1. of this subsection D are calculated and published by the United States Department of Labor, Bureau of Labor Statistics. If the Bureau discontinues the calculation or publication of the Consumer Price Index, all Urban Consumers for the Los Angeles - Anaheim -Riverside area (1982-84 = 100), and no transposition table is available to convert to another index, then the amount of each annual adjustment in base fees shall be computed by using a comparable governitiental index." Section 5. Article VI, Chapter 8, Part. 11 of the Carson Municipal Code is hereby amended by awendiny Section 6864 'to read as follows: "6864. Payments Due. Except for pipelines lawfully maintained other than by the-authoriLy granted by the franchise, the semi-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 payiiients shall be due and payable seini-annually.11 Deceiiibei- PASSED, APPROVED and ADOPTED this 17tb day of 1 1991. ATTEST: IIIA40R CITY CLERK/ APPROVED AS TO FORM: ,)4 Ordinance Ho. 91 1! s -i -ATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF CARSON 1, 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. 91-9!;s passed first reading on - niber 3 , 1991, was duly and regularly adopted by the city council or said City at a regular rneeting of said Council, duly and regularly held on the 17th day of December _ 1991, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Calas, Muise, McDoi)qld, and Mitom a NOES: COU14CIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Hone ABSENT: COUNCIL MEMBERS: DeWitt City Clerk, City of Cai son, I alifornia