The county hereby grants to citizens the right, privilege and non-exclusive franchise for a term of fifty years from and after the date that the ordinance codified in this part shall take effect, to lay, construct, maintain and operate water pipe lines, and a distribution and transmission system consisting of water mains, distribution pipes, service pipes, together with traps, valves, manholes, hydrants, and other necessary appurtenances or appliances for the purpose of transporting and distributing water for domestic, irrigation, commercial, fire prevention and firefighting purposes, in, under, along and across any and all of the public streets, alleys and public easements now or hereafter existing during the term hereof in that portion of the county of Placer described in the legal description and shown on the boundary map, both of which are attached to the ordinance codified in this part as Exhibits A-Description (see Section 13.40.390) and B-Map respectively, and are incorporated herein by this reference.
(Prior code § 22-486.1)
This grant of franchise by county shall supersede and replace franchise Ordinances 486 and 490 held by citizens within Placer County, i.e. Article IV of prior Chapter 22 of the Placer County Code.
(Prior code § 22-486.2)
Within the franchise area, the provision of domestic water service by citizens shall be consistent with the water source requirements and conditions adopted by the county as applicable to the specific county general plan policy, community plan, or zoning for, or directly affecting, the property to be so served.
(Prior code § 22-486.3)
All pipes, mains and other conduits which shall be laid, and used under and pursuant to the provisions of this part, and in the exercise of the right, privilege and franchise herein granted, shall be of suitable material and free of hazardous material, as determined by the county, and shall be of such dimensions as citizens shall determine. All such pipes, mains and conduits shall be laid in a good workmanlike manner with a minimum of 30 inches of cover above the top of the pipe. Furthermore, all work shall be done in conformance to the improvement standards and construction specifications of Placer County in effect at the time of construction of said facilities.
(Prior code § 22-486.4)
Citizens, its successors and assigns shall remove and relocate, in a timely manner, and at its sole cost and expense, any facilities heretofore or hereafter installed, used or maintained by citizens in any public street, alley, highway, or other public easement now or hereafter existing whenever necessary by reason of any work or improvement or traffic needs upon such street, alley, highway or public easement, whether then under the jurisdiction of the state or any city, county or other public authority of the state of California, provided however, that citizens, its successors and assigns, shall not be obligated at their cost or expense to remove and relocate said facilities in connection with or with respect to any freeway.
(Prior code § 22-486.5)
Citizens shall at its own cost and expense, immediately upon the laying, replacing or repairing the said pipes, mains conduits, or appurtenances or appliances, or any part thereof, place said streets and alleys or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of laying, replacing or repairing said pipes, mains, conduits, disposal plants, or appurtenances or appliances. Said streets, alleys or other public ways shall be repaired and restored in accordance with specifications to be detailed in a county encroachment permit, to be obtained prior to commencement of any work within the public rights-of-way. (Note: See Sections 13.40.320 and 13.40.330 for additional franchise responsibilities with regard to work within the public rights-of-way.)
(Prior code § 22-486.6)
Under this franchise, Citizens shall have the right to maintain, repair and replace any or all of its pipes, mains, conduits, or appurtenances or appliances located within streets, alleys or other public ways from time to time as may be necessary or proper. The encroachment permit requirements called for in Section 13.40.330 will apply to major repair or replacement work. A "blanket permit," for routine maintenance work within the public rights-of-way will be issued to Citizens. This permit is renewable annually as provided for in Section 1469 of the Streets and Highways Code and Article 12.04 of the county code.
(Prior code § 22-486.7)
Citizens shall obtain an encroachment permit for all work, excepting work covered by a "blanket permit" discussed above, prior to the installation, replacement or repair of pipes, mains, conduits, or appurtenances or appliances located within streets, alleys or other public rights-of-way. Said permit shall conform to the provisions of Article 12.04 of the county code.
(Prior code § 22-486.8)
A. 
Citizens shall, during the term for which the same is granted, pay to county the larger of the following two calculated amounts:
1. 
Two percent of its gross annual receipts arising from the use, operation or possession thereof; or
2. 
One-half percent of the gross annual receipts of Citizens derived from the sale within the county of Placer of the utility service for which this franchise is granted.
B. 
Prior to March 1st each year, Citizens shall file with the revenue services division of the county of Placer a statement, covering the previous calendar year, showing the above two revenue computations. A check, payable to the Placer County treasurer, for payment of the larger amount shall also be sent to the revenue services division on or prior to March 1st each year. In the event that any such payment is not so made, county shall, within 30 days of such failure to pay, provide Citizens with written notice of such non payment. If, within 90 days after receipt of such written notice, Citizens fails to pay county the required annual payment, said franchise shall be forfeited.
(Prior code § 22-486.9)
Citizens shall have the right to sell, convey, transfer, lease or assign its rights and obligations under this agreement and franchise subject to the written consent of county. Such consent shall not be unreasonably withheld. In granting the franchise, the county has considered the stability, management, and economic ability of Citizens to perform under the franchise. The county reserves the right to use similar considerations in evaluating any proposed assignee.
(Prior code § 22-486.10)
Citizens, or its successors or assigns shall indemnify and hold harmless the county of Placer and its officers, agents and employees from all liability for damages proximately resulting from any operations under this franchise and shall defend said indemnities against any claim for such damages; provided, however, that Citizens shall not be required to indemnify or hold harmless the county of Placer and its officers, agents and employees from and against any liability for damages which stem from, or arise out of, the negligence of the county, its officers, agents, or employees, and in such case Citizens and the county shall share any such liability according to degree of responsibility for the events giving rise to each liability.
(Prior code § 22-486.11)
This franchise is granted expressly upon the condition that at any time after five years from the date this franchise is in effect, the works, distribution and transmission system installed, maintained and operated pursuant to this part are sought to be acquired by eminent domain proceedings by the county, Placer County water agency, or any municipality, the then owner of the franchise and rights herein granted shall be required to sell the same and accepts as its entire compensation therefor an amount not to exceed the then current appraised value thereof as determined pursuant to the provisions of Division 1, Part I, Chapter 8 of the Public Utilities Code of the state of California.
(Prior code § 22-486.12)
The ordinance codified in this part shall take effect and be in force on the thirty-first day after its adoption, and prior to the expiration of 15 days from the passage hereof, a summary of said ordinance shall be published once in the Roseville Press Tribune, a newspaper printed and published in the city of Roseville, California.
(Prior code § 22-486.13)
Beginning at the southwesterly corner of Placer County, said corner being the common point between Placer, Sutter and Sacramento Counties; thence northerly along common line between Placer and Sutter Counties to the west 1/4 corner of Section 30, T11N, R5E, M.D.B.&M.; thence east along the east-west centerline of Section 30 and 29 to the east 1/4 corner of Section 29; thence south along the east line of Sections 29 and 32 to the south line of Township 11 North, Range 5 East; thence East along the south line of Township 11 North, Range 5 East and the south line of Township 11 North, Range 6 East, 6.5 miles, more or less, to the centerline of Foothills Boulevard; thence southerly along the centerline of Foothills Boulevard to the centerline of Roseville Road; thence southerly along the centerline of Roseville Road to the common line between Placer and Sacramento Counties; thence northwesterly along the county line to the point of beginning.
Excepting therefrom that portion of land lying within the city limits of the city of Roseville, Placer County, state of California.
(Prior code § 22-486.14)
Upon completion of the transfer of the water utility assets of Citizens Utilities Company of California to the California-American Water Company as authorized in the Opinion Authorizing Acquisition, by the Public Utilities Commission of the State of California in Application 00-05-015, county approves an assignment of the franchise granted under this Article 13.40 from Citizens Utilities Company of California to the California-American Water Company. California-American Water Company shall thereupon inure to all of the benefits of and shall assume all of the obligations of Citizens Utilities Company in compliance with the terms of the franchise as granted in this Article 13.40.
(Ord. 5128-B § 1, 2001)