Division II of this title shall be known as and may be cited
as "The Pipeline Franchise Ordinance."
(Prior code § 10100)
For the purposes of Division II of this title, the following
terms, phrases, words and their derivations shall have the meaning
given in this section. 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.
"City"
means the city of Pico Rivera, state of California.
"Council"
means the city council of the city of Pico Rivera.
"Director"
means the director of public works of the city.
"Facilities" or "appurtenances"
means all property of the franchisee, including, but not
limited to, pipelines, pump stations and service connections 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 highway, pursuant to any right or
privilege granted by the franchise.
"Franchisee" or "grantee"
means the person to whom the franchise is granted, and any
person to whom it lawfully may be assigned.
"Franchise report period,"
in all cases, means the first year after the effective date
of the ordinance granting the franchise, or, at the option of the
franchisee, any shorter period of time immediately following the date
of such ordinance, and each year thereafter, during the life of the
franchise.
"Highway"
means any public highway, freeway (except a state freeway),
street, road, alley, lane or court, or other public easement, and
above and below the same, which now exists or which may hereafter
exist in any unincorporated territory of the city and in which the
city has the authority to grant a franchise.
"Main"
means any pipeline or conduit laid in, along or approximately
parallel with any highway for the collection, transmission or distribution
of any substance or commodity.
"Person"
means any individual, person, firm, partnership or corporation.
"Section"
means a section of the ordinance codified in this title,
unless some other ordinance or statute is mentioned.
"Service connection"
means 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 line or
supply main on private property.
(Prior code § 10102)
Every franchise hereafter granted by the city to lay or construct from time to time and for the period covered by the franchise 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, petroleum, gas, gasoline, or other hydrocarbon substances, wet gas, chemicals, mud, steam, water, wastewater, or other liquid substances, for any purpose, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of such pipes or pipelines, including poles, conduits, wires, cables and other appurtenances and equipment for telegraph or telephone lines, or both, necessary or convenient for the franchisee's business, in, under, along or across any and all highways, except as otherwise provided in the ordinance granting the franchise, shall be granted upon and be subject to the rules, regulations, restrictions and terms and conditions of Chapter
4.04 of this title and, in addition, to those rules, regulations, restrictions, terms and conditions set forth in the ordinance granting the franchise. In the event the terms and conditions hereof conflict with the terms and conditions of Chapter
4.04, the terms and conditions hereof shall control.
(Prior code § 10101)
Unless the ordinance granting the franchise provides otherwise,
the term of the franchise shall be twenty-five years.
(Prior code § 10103)
The franchisee shall, within thirty days after the passage of
the ordinance granting the franchise, file with the city clerk a written
acceptance of the terms and conditions of such ordinance; provided,
however, that as to franchises granted to the United States of America,
use will constitute acceptance.
(Prior code § 10104)
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
construed 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.
(Prior code § 10105)
As an alternate to the filing of a bond, the franchisee may
deposit with the city clerk and assign to the city savings and loan
certificates or shares, or both, in the same amount as required on
such bond.
(Prior code § 10108)
A. The
franchisee shall indemnify, defend and hold the city harmless from
and against any and all loss, damages, liability, claims, suits, costs
and expenses, including reasonable attorneys' fees, regardless of
the merit or outcome of any such claim or suit, claimed or arising
from any negligent or intentional act or omission of the franchisee,
its officers, employees, agents or subcontractors, arising from activities
or work conducted pursuant to the franchise.
B. The
franchisee shall indemnify, defend and save harmless the city, its
officers, agents and employees, from and against any and all claims
and losses whatsoever, including reasonable attorneys' fees, accruing
or resulting to any and all persons, firms or corporations furnishing
or supplying work, services, materials, equipment or supplies in connection
with activities or work conducted or performed pursuant to the franchise
and arising out of such activities or work, and from any and all claims
and losses whatsoever, including reasonable attorneys' fees, accruing
or resulting to any person, firm or corporation for damage, injury
or death arising out of the franchisee's franchise operations.
(Prior code § 10112; Ord. 699 § 1, 1985)
The franchisee agrees that the franchise shall never be given
any value before any court or other public authority in any proceeding
of any character in excess of the cost to the franchisee of the necessary
publication and any other sum or sums paid by it to the city for the
franchise.
(Prior code § 10113)
Notwithstanding the granting of a franchise, the franchisee
shall not be authorized to do any work under the franchise for which
the issuance of a permit is required unless such a permit is issued
for such work. The franchisee shall not have an absolute right to
the issuance of such a permit.
(Prior code § 10111)
If any provision of the franchise or the application of the
franchise to any person or circumstances is held invalid by a court
of competent jurisdiction or is not in compliance with any requirement
of the Public Utilities Commission or any other federal or state agency,
the remainder of the franchise, or the application of the franchise
to persons or circumstances other than those to which it is held invalid
or not in compliance shall not be affected thereby.
(Prior code § 10114)