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 Not Transmitting Oil or Products Thereof. The franchisee of any franchise awarded to a public utility not transmitting oil or products thereof, as consideration for such franchise, shall annually pay to the City in lawful money of the United States, within 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, two percent 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 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 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.
Public Utility Transmitting Oil or Products Thereof. The franchisee of any franchise awarded to a public utility transmitting oil or products thereof, as consideration for such franchise, shall, within 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, annually pay to the City in lawful money of the United States, a fee in the following amounts:
Pipelines with an Internal Diameter of | Base Rate Per Lineal Foot |
|---|---|
0-4 | $0.088 |
6 | 0.132 |
8 | 0.176 |
10 | 0.220 |
12 | 0.264 |
14 | 0.308 |
16 | 0.352 |
18 | 0.396 |
20 | 0.440 |
22 | 0.484 |
24 | 0.528 |
26 | 0.572 |
28 | 0.616 |
30 | 0.660 |
For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a 12 inch-diameter pipe as the diameter of the unlisted pipe is to 12 inches.
The amount of the fee or charge provided for in this paragraph shall be multiplied by the Consumer Price Index, all Urban Consumers for the Los Angeles-Anaheim-Riverside Area for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index, All Urban Consumers for the Los Angeles-Anaheim, Riverside Area for June 30, 1989 (1982-84 = 100.0).
C.
Non-Public Utility Franchises. The franchisee of any franchise awarded to 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 $7,500 for pipelines with a total length of one-quarter mile or more or $750 for pipelines with a total length of less than one-quarter mile shall be paid within 30 days after the City Council adopts the ordinance codified in this section and prior to signing the written acceptance of the franchise pursuant to Section 13.20.060. If at any time during the first five years following the grant of a franchise, additional pipeline is added which will result in a total length of pipeline of one-quarter mile or more, the seven thousand five hundred dollar ($7,500.00) granting fee shall be required at the same time the footage is added.
2.
A base annual fee shall be paid within 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. The base annual fee shall be in an amount agreed to by the franchisee and the City. The base annual fee shall be paid no later than 75 days following the end of the calendar year and a penalty at the rate of 10% per month or fraction thereof beyond the payment date shall be charged, but in no event shall said penalty exceed 50%.
3.
The City reserves the right to adjust the base fees established hereunder at any time after the effective date of the ordinance codified in this section, but the base fees applicable to any one franchise may only be changed five times during the life of that particular franchise.
D.
Base Construction Charges. The holder of the franchise shall pay at the time of installation, relocation, or replacement of any pipeline or other facility covered by the franchise, a base construction charge of $2,350 for each one-half mile of pipeline or fractional part thereof installed, replaced or relocated on major streets and $1,550 per one-half 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, but the base fees applicable to any one franchise may only be changed five times during the life of that particular franchise.
E.
Adjustments.
1.
The amount of each base fee specified in subsections C and D 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 January 1, 1997 to the date which is 60 days prior to the due date of the fee.
3.
The indices specified in subsections A and (E)(1), of this section, 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 governmental index.
F.
Publication and Administrative Issuance Costs. The franchisee shall pay to the City within 30 days after receiving a statement therefor, all administrative and other costs incurred by the City in processing the application for a franchise, including, but not limited to, the preparation of any reports, statements or studies pursuant to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) and any similar Federal statute, or any successor statute, and for any and all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise.
(Ord. 06-1574 § 1; Ord. 21-1722 § 2; Ord. 22-1729 § 1)