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.
means the city of Pico Rivera, state of California.
means the city council of the city of Pico Rivera.
means the director of public works of the city.
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.
means the person to whom the franchise is granted, and any
person to whom it lawfully may be assigned.
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.
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.
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.
means any individual, person, firm, partnership or corporation.
means a section of the ordinance codified in this title,
unless some other ordinance or statute is mentioned.
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)
A.
On or
before commencement of any franchise operations, the franchisee shall
obtain or provide satisfactory evidence of having policies of liability
and workers' compensation insurance from companies authorized to transact
business in the state, by the State Insurance Commissioner.
B.
The
policy of liability insurance shall:
1.
Be
issued to the franchisee, and name the city, its officers, agents
and employees as additional insured;
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:
a.
Negligent acts or omissions of the franchisee and the agents, servants
and employees thereof, committed in the conduct of franchise operations,
b.
Provide combined single limit liability insurance in the amount of
one million dollars, subject to self-insured retention as is normal
and prudent in the franchisee's similar operations,
c.
Be noncancellable without forty-five days' written notice thereof
directed to the city clerk.
C.
The
policy of workers' compensation insurance shall:
1.
Have
been previously approved as to substance and form by the State Insurance
Commissioner;
2.
Cover
all employees of the franchisee who, in the course 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 upon an injured employee,
including the vocational rehabilitation and death benefits;
4.
Provide
for every benefit and payment under any obligation of the Federal
U.S. Long Shoreman and Harbor Worker Compensation Act, paying particular
attention to Public Law 92.572;
5.
Be
noncancellable without thirty days' written notice thereof directed
to the city clerk.
D.
In lieu
of the policy of workers' compensation insurance required above, the
franchisee may substitute and provide a certificate of consent to
self-insure, issued by the Director of Industrial Relations of the
state.
E.
The
franchisee shall file with the director prior to commencement of any
franchise operations, either certified copies of such 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.
F.
Any
franchise operations shall not commence until the franchisee has complied
with the aforementioned provisions of this section, and any such operations
shall be suspended during any period that the franchisee fails to
maintain such policies in full force and effect.
(Prior code § 10106)
A.
Within
five days after the effective date of the ordinance granting the franchise,
the franchisee shall file and thereafter at all times during the life
of the franchise keep on file with the city clerk a corporate surety
bond running to the city, in the penal sum of ten thousand dollars,
or such other sum as may be specifically provided for in the ordinance
granting the franchise, with surety to be approved by the city clerk,
conditioned that the 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.
B.
If the
bond is not filed within five days after 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 filing of the bond, and any money paid in consideration
for the award of franchise shall be deemed forfeited in the event
that the bond, after it has been so filed, shall at any time during
the life of the franchise, in the opinion of the city clerk, become
insufficient. The franchisee agrees to renew the bond, with sureties
to be approved by the city clerk, within ten days after written notice
to do so from the city clerk.
(Prior code § 10107)
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)
A.
The
franchisee shall not sell, transfer, assign or lease the franchise,
or any part thereof, except with the consent of the city clerk. Such
sale, transfer, assignment or lease shall be made only by filing with
the city clerk a certified copy of the duly executed instrument of
such sale, transfer, assignment or lease, and a written request for
the consent of the city clerk to such sale, transfer, assignment or
lease. If such duly executed instrument and such written request is
not filed with the city clerk before the expiration of thirty days
after the effective date of such sale, transfer, assignment or lease
then, upon the expiration of such thirty days, the franchise shall
be subject to forfeiture, and the city 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 city council
may impose such additional terms upon the franchise and upon the grantee
or assignee which the city council may deem to be in the public interest.
Such additional terms and conditions shall be expressed by ordinance.
B.
Nothing
herein contained shall be construed to grant to the franchisee the
right to sell, transfer, 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 voluntary act of the franchisee,
or otherwise.
C.
No such
consent shall be required to any transfer of the franchise in trust
or by way of mortgage or hypothecation with all or a part of the franchisee's
other property for the purpose of securing any indebtedness of the
franchisee.
(Prior code § 10110)
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)
A.
The
franchise is granted and shall be held and enjoyed upon each and every
condition contained in the ordinance granting the franchise, including
such conditions contained herein as are incorporated by reference
in the franchise ordinance, and shall ever be strictly construed against
the franchisee. Nothing shall pass thereby unless it is granted in
plain and unambiguous terms. Any neglect, failure or refusal by the
franchisee to comply with any of the conditions of the franchise shall
constitute grounds for the suspension or forfeiture thereof. The city
council, prior to any suspension or forfeiture of the franchise shall
give to the franchisee not less than ten days' notice in writing of
any default thereunder.
B.
If the
franchisee does not, within the noticed period, begin the work of
compliance, or after such beginning does not prosecute the work with
due diligence to completion, the city council may hold a hearing,
at which the franchisee shall have the right to appear and be heard,
and thereupon the city council may determine whether such conditions
are material and essential to the franchise and whether the franchisee
is in default with respect thereto, and may declare the franchise
suspended or forfeited. Notice of the hearing shall be given to the
franchisee by certified mail not less than five days before the hearing.
(Prior code § 10109)
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)
The franchisee shall:
A.
File with the city finance director, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise and within three months after the expiration of each calendar year thereafter, 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 the total gross receipts of the franchisee for the immediately preceding franchise payment period, received or accrued in connection with the furnishing of the commodity or service arising from the use or operation of the franchise, together with such additional data as are necessary, in the opinion of the city finance director, to calculate or verify the calculation of the annual payment required by Section 4.12.040 of this title (or the pro rata amount thereof for the first period if the first period is less than one year). On this report, the franchisee shall also show any change in franchise footage since the last franchise report period, segregating such footage as to new mains laid, old mains abandoned in place, and the footage of mains in territory annexed or incorporated since the last franchise;
B.
File with the city clerk, within the same franchise report period as provided in subsection A of this section, a report in duplicate, showing the permit number of each permit obtained for the installation of new mains during the immediately preceding franchise report period, together with the length and size of such mains.
(Prior code § 10600)
