Unless the context otherwise requires, "pipeline" means and includes conduit, cable and wire, except that it does not include any wire which is a portion of a cable or which is enclosed within a conduit where such cable or conduit are subject to the provisions of this chapter.
(Ord. 89-20, 8/8/1989)
Before any person attaches any pipeline to, lays any pipeline on, or uses for the support of any pipeline, replaces or repairs any pipeline on, or removes any pipeline from any bridge, including the wing walls thereof, or culvert, in the City that person shall first make application to the Director and receive a permit to do so. The Director shall not grant any such permit until the Director finds that a permit may be granted without detriment to the bridge or culvert. If the Director so finds, the Director shall issue to the applicant a permit on the same form and on the same conditions as permits for making excavations, fills and obstructions, and upon the following additional terms and conditions:
A. 
1. 
That payments shall be made in advance annually to the City at the following rate per lineal foot of pipeline directly supported by the bridge or culvert including wing walls, or per foot of length of the bridge or culvert, not including the wing walls, whichever is greater:
a. 
$.30 when the pipelines do not exceed an outside diameter of five inches;
b. 
$.50 when the outside diameter is in excess of five inches and not in excess of 10 inches;
c. 
When the outside diameter of any such pipe exceeds 10 inches, a sum computed at the rate of $.05 per inch for each inch or fraction of an inch of outside diameter of such pipeline;
2. 
Where a pipeline does not cross, but is parallel or approximately parallel to the stream, ravine, gully or other depression crossed by the bridge then, as used in this section, "length" shall be construed as "width";
3. 
Where a pipeline is supported in part by a structure or structures other than and in addition to the bridge or culvert, then the length of such bridge or culvert shall be deemed to be that portion of such bridge or culvert which is between such structure and the other end of such bridge or culvert, or between such structures;
B. 
That the name of the person owning the franchise be shown on each pipeline at each end of the bridge, in a manner which will be legible at all times;
C. 
That in all cases where the pipeline is conveying either gas or oil, the person to whom the permit is granted shall install a shutoff valve in the said pipeline at both ends of the bridge or culvert at a distance of at least 200 feet from the ends of the said bridge or culvert, and that the shutoff valve shall be installed in the pipeline or pipelines in such a manner that it will not project above the surface of the highways and not be a menace or danger to the traveling public. The shutoff valve shall be properly identified by a metal tag attached to same, bearing the name of the person to whom the permit has been granted;
D. 
That the permittee shall paint all pipelines when installed the same color as the bridge or culvert;
E. 
That each permittee furnish the Director and the Fire Department the address and telephone number of some designated official or the person who will be available at all times, 24 hours per day, holidays and Sundays included, to be called in case of emergency or other matters pertaining to the line.
(Ord. 89-20, 8/8/1989)
Before any permit is granted pursuant to Section 13.74.020 of this chapter, the person applying for the same shall first make, execute and deliver to the Director an agreement whereby such person agrees:
A. 
To promptly pay to the City the cost of repairing any damage to any structure owned by the City caused by the use of such structure for the support of any pipeline of such person;
B. 
That the City will not, nor will any of its officers, agents or employees, be liable to such person or his assigns for any injury to any part of such pipeline by reason of removal or failure of the structure;
C. 
That such person will save and defend the City, its officers, agents and employees, harmless from any liability for damage for bursting pipes, explosions, or any other damage which would not have happened but for the maintenance of the pipeline.
(Ord. 89-20, 8/8/1989)
If under state law the City may not legally require the payment of any permit fee or bridge rental from any particular person, such person shall nevertheless first apply for and obtain a permit as required in Section 13.74.020, which permit, if granted, shall be granted without the payment of any permit fee or bridge rental.
(Ord. 89-20, 8/8/1989)
In the event any annual advance rental payment specified herein is not made within 60 days after the date on which the payment is due, the grantee shall further pay interest on such payment at the rate of one percent per month from the date the payment was due.
(Ord. 89-20, 8/8/1989)
The grantee of a permit granted pursuant to this chapter shall not sell, transfer, assign or lease said permit, or any of the rights and privileges granted thereby, without first obtaining the consent of the City to such sale, transfer, assignment or lease. This provision does not apply to a sale, transfer, assignment or lease from a corporation to its subsidiary or affiliated companies, nor when the assets of a corporation as a whole are sold, transferred, assigned or leased to its parent company, if notice of any such sale, transfer, assignment or lease is given to the City.
(Ord. 89-20, 8/8/1989)
In the event it becomes necessary to remove or relocate, for any public purpose of the City, any pipeline or conduit attached to or supported by a bridge under the authority of a permit granted subject to this chapter, the grantee or assignee thereof shall pay the entire cost of such removals or relocations.
(Ord. 89-20, 8/8/1989)
Every person who attaches any pipeline to, lays any pipeline on, or uses for the support of any pipeline, replaces or repairs any pipeline, or removes any pipeline from any bridge or the wing walls of any bridge or any culvert without having first received a permit so to do, and every person who in any way violates any provision of this chapter, is guilty of a misdemeanor.
(Ord. 89-20, 8/8/1989)