HomeMy WebLinkAboutOrdinance #2319 ORDINANCE NO. 2319
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING CHAPTER 3. 44 ENTITLED "PIPELINE
FRANCHISE ORDINANCE"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by adding thereto Chapter 3. 44 entitled "Pipeline
Franchise Ordinance", to read as follows :
I . GENERAL PROVISIONS AND DEFINITIONS
3. 44.010 Short title. This chapter shall be known and
cited as 'Pipeline Franchise Ordinance" .
3.44.020 General provisions . Every franchise hereafter
granted by the city to lay, construct , maintain, operate, renew,
repair, change the size of, remove or abandon in place pipes and
pipelines for the collection, transportation or distribution of
oil, gas , gasoline, petroleum, wet gas , hydrocarbon substances,
together with all manholes , valves , appurtenances and service
connections necessary or convenient for the operation of said
pipes or pipelines including conduits, cathodic protection de-
vices , wires , cables and other appurtenances necessary or con-
venient for the exercise of the franchisee ' s business , in, under,
along or across any and all streets within the city of Huntington
Beach except as otherwise provided in the particular franchise
agreement , shall be granted upon and be subject to the rules ,
regulations , restrictions and terms and conditions of this
chapter, in addition to those rules, regulations, restrictions,
terms and provisions set forth in the particular franchise agree-
ment .
3.44.030 Pole lines. Nothing in this chapter or in any
franchise agreement granting such a franchise shall be construed
to permit the grantee to construct new poles or other facilities
aboveground.
3 .44. 040 Definitions . For the purpose of this chapter, the
following terms, phrases , words and their derivations shall have
the meaning given herein :
(a) "Council" shall mean city council of the city of Hunt-
ington Beach.
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(b ) "Code" shall mean the Huntington Beach Municipal Code.
(c) "Department" shall mean the public works department of
the city of Huntington Beach.
(d) "Director" shall mean public works director of the city
of Huntington Beach.
(e) "Franchisee" or "grantee" shall mean the person to whom
the franchise is granted, and any person to whom it is lawfully
assigned.
(f) "Facilities" or "appurtenances" shall mean all property
of the franchisee, including, but not limited to, pipelines, pump
stations , and service connection 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 street pursuant to any right or privilege granted by the
franchise.
(g) "Franchise payment period" shall mean the time period
between the effective date of the franchise agreement granting the
franchise and December 31 of the same year, and each calendar year
thereafter, during the life of the franchise .
(h) "Franchise report period" in all cases shall mean the
time period between the effective date of the franchise agreement
granting the franchise through and including December 31 of that
year, and each calendar year thereafter, during the life of the
franchise.
(i) "Highway" or "street" shall mean 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 the city of
Huntington Beach.
(j ) "Main" shall mean any pipeline or conduit laid in, along,
or approximately parallel with any street for the collection, trans-
mission or distribution of any hydrocarbon substances.
(k) "Major street" shall mean any street or portion thereof
designated as a major secondary highway in the circulation element
of the Huntington Beach General Plan.
(1) "Minor street" shall mean all streets in the city other
than those designated as "major" or "secondary highways" in the
circulation element of the Huntington Beach General Plan.
(m) "Person" shall mean any individual, person, firm, partner-
ship or corporation.
2.
(n) "Section" shall mean a section of the Huntington Beach
Municipal Code, unless some other code or statute is mentioned.
(o) "Service connection" shall mean the wire, pipes, or con-
duits connecting the building or place where the service or hydro-
carbons 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 supply line or supply main on
private property.
3.44.050 Term. Unless the franchise agreement granting the
franchise provides otherwise , the term of the franchise shall be
twenty-five (25) years .
3.44. 060 Franchise agreement . The franchisee shall enter
into a written agreement with the city of Huntington Beach which
grants the franchise and sets forth the terms and provisions therein.
3. 44.070 Nonexclusive franchise. The granting of the franchise
shall not be construed to prevent the city from granting identical
or similar franchise to any person other than the franchisee. Nothing
herein contained shall ever be construed so as to exempt the fran-
chisee 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.
3.44. 080 Maps. Within ninety (90) days following the date in
which any facilities or appurtenances have been laid, removed or
abandoned under the franchise, the franchisee shall file a map or
maps with the department showing the accurate "as built" location,
depth, and size of the facilities or appurtenances so laid, removed
or abandoned.
3 .44.090 Insurance . On or before commencement of any fran-
chise operations , 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 of California by the insurance commissioner of California.
3. 44.100 Liability insurance . The policy of liability in-
surance required by this chapter shall be issued to franchisee and
name the city and its officers, agents , and employees as additional
insureds . It shall further indemnify for all liability for per-
sonal and bodily injury, death and damage to property arising
from activities conducted pursuant to the franchise by providing
coverage thereof, including but not limited to:
(a) Negligent acts or omissions of franchisee and the agents ,
servants and employees thereof, committed in the conduct of fran-
chise operations .
(b) Provide a combined single limit liability insurance in
the amount of one million dollars ($1,000,000) .
3.
(c) Be noncancellable without thirty (30) days written
notice thereof directed to council.
3.44.110 Workers ' compensation insurance. The policy of
workers ' compensation insurance, required by this chapter, shall :
(a) Have been previously approved as to substance and form
by the California insurance commissioner.
(b) Cover all employees of franchisee who in the course
and scope of their employment are to conduct or do work pursuant
to the franchise operations .
(c) Provide for every benefit and payment presently or
hereinafter conferred by Division 4 of the Labor Code of the state
of California upon an injured employee , including the vocational
rehabilitation and death benefits .
(d) Be noncancellable without thirty ( 30) days ' written
notice thereof directed to council.
3. 44.120 Workers ' compensation insurance--Filing. Franchisee
shall file with the city clerk prior to commencement of any fran-
chise operations either certified copies of said 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 and providing the following information.
(a) The policy number.
(b) The date upon which the policy will become effective
and the date upon which it will expire.
(c) The names of the insured and any additional insureds .
(d) Subject of the insurance.
(e) The type of coverage provided by the insurance.
(f) Amount of limit of coverage provided by the insurance.
(g) A description of all endorsements that form a part of
the policy.
(h) The insured shall agree to defend, indemnify and hold
harmless the city of Huntington Beach against loss , damage or
expense by reason of any suits, claims, demands, judgments caused
by insured in the performance of the franchise.
Any franchise operations shall not commence until fran-
chisee has complied with the aforementioned provisions of this
section, and any such operations shall be suspended during any
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period that franchisee fails to maintain said policies in full
force and effect .
3.44.130 Faithful performance bond. On or before the effec-
tive date of the franchise agreement granting the franchise, fran-
chisee shall file and thereafter at all times during the life of
the franchise keep on file with the city clerk a corporate surety
bond approved by the city attorney running to the city in the penal
sum of ten thousand dollars ($10,000) , with a surety to be approved
by the city attorney, conditioned that 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. In the event that said bond, after it has been so filed,
shall at any time during the life of the franchise become insuf-
ficient , franchisee agrees to renew said bond, subject to the
approval of the city attorney, within ten (10) days after written
notice to do so from the director.
3.44.140 Alternate security. In lieu of the bond required
pursuant to section 3. 44 . 100, the franchisee may deposit with the
director and assign to the city savings and loan certificates or
shares , or both, in the same amount as required on such bond.
Whenever the length of an wire pipe or
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conduit is a factor in calculating any payment due under any
franchise granted by the city, all service connections shall be
excluded in determining such lengths .
3.44.160 Forfeiture. The franchise is granted and shall
be held and enjoyed upon each and every condition contained in
the franchise agreement , including such conditions contained here-
in as are incorporated by reference in said franchise agreement ,
and shall be strictly construed against the grantee. Any neglect ,
failure or refusal to comply with any of the terms and provisions
of the franchise -agreement shall constitute grounds for the sus-
pension or forfeiture of the franchise, shall give to the grantee
not less than thirty (30) days ' notice in writing of any default
thereunder. If the grantee 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 council
may hold a hearing, at which the grantee shall have the right to
appear and be heard, and thereupon the council may determine
whether such conditions are material and essential to the franchise
and whether the grantee is in default with respect thereto and may
declare the franchise suspended or forfeited. Notice of said hear-
ing shall be given to the grantee by certified mail not less than
five (5) days before said hearing.
3 .44.170 Value of franchise. The grantee of any franchise
awarded to a public utility, by accepting the terms and conditions
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thereof, stipulates and agrees that in any proceeding for the pur-
pose of adjusting the rates of the grantee, no greater value shall
be placed upon the franchise than the actual cash paid therefor
by the grantee.
3.44.180 State highways . If any street or portion thereof
becomes a state highway, except for the right to continue to collect
franchise payments in such other rights as by law remain with the
city, the state shall succeed to all rights reserved to the city
by the franchise.
3.44.190 Eminent domain. No franchise granted by the city
shall in any way impair or affect the right of the city or any
successor in authority to acquire the property of the grantee by
purchase or condemnation, and nothing contained in such a fran-
chise shall be construed to contract away, modify or abridge either
for a term or in perpetuity the city' s right of eminent domain in
respect to any public utility.
3.44. 200 Publication costs. The grantee shall pay to the
city within thirty 30 days after receiving a statement therefor,
all advertising and publishing costs , including the cost of pub-
lishing the granting of the franchise , if necessary.
3.44. 210 Assignment . The grantee shall not sell, transfer,
assign or lease the franchise or any part thereof, except with the
written approval of the council. Such sale, transfer, assignment ,
or lease shall be made only by filing with the council a copy of
the duly executed instrument of such sale, transfer, assignment or
lease and a written request for the consent of the council to such
sale , transfer, assignment or lease. If such duly executed instru-
ment and such written request is not filed with the council before
the expiration of thirty (30) days after the effective date of
such sale, transfer, assignment or lease , then, upon the expira-
tion of said thirty (30) days, the franchise shall be subject to
forfeiture and the council may, without notice, revoke the fran-
chise. As a condition to the granting of consent to such sale,
transfer, assignment or lease, the council may impose such addi-
tional terms and conditions upon the franchisee and upon the
grantee or assignee , which the council may deem to be in the
public interest . Such additional terms and conditions shall be
expressed by council resolution. Nothing herein contained shall
be construed to grant to the grantee 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 a voluntary act of the grantee or otherwise.
3.44. 220 Hold harmless . The grantee shall be responsible to
the city and shall defend, indemnify and hold harmless the city and
its officers and employees from all damages or liability arising
from the use , operation or possession of the franchise , and from
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the use, operation or maintenance of the facilities erected,
constructed, laid, operated or maintained thereunder.
3 .44.230 Standards . All facilities erected, constructed,
laid, operated or maintained under the provisions of the franchise
shall be erected, constructed, laid, operated or maintained in
accordance with and conforming to all the ordinances, codes, rules
and regulations now or hereafter adopted by or prescribed by the
council.
3.44. 240 Defective facilities . If any portion of any street
shall be damaged by reason of defective facilities laid or con-
structed under the franchise , the grantee shall, at its own
expense, repair any such defect and put such street in as good
condition as it was before such damage was incurred, to the satis-
faction of the city. If the grantee , within ten (10) days after
receipt of written notice from the city, instructing it to repair
such damage, shall fail to commence to comply with such instruc-
tions , or, thereafter, shall fail diligently to prosecute such
work to completion, then the city immediately may do whatever
work is necessary to carry out said instructions at the cost and
expense of the grantee, which cost and expense, by the acceptance
of the franchise , the grantee agrees to pay upon demand. If such
damage constitutes an immediate danger to the public health or
safety requiring the immediate repair thereof, the city without
notice may repair such damage and the grantee agrees to pay the
reasonable cost thereof upon demand.
3 .44. 250 Hazardous substances . Prior to the issuance of
any excavation permit for the construction or installation of any
pipeline for the transmission of flammable liquids or gases, which
are heavier than air, written approval shall be obtained from the
director. Said approval should be based on the determination that
no undue fire hazard will be created to life or property in the
areas through which the proposed pipeline will be located. To
make such determination, consideration shall be given to :
(a) Type of hydrocarbon to be transmitted.
(b) Density of population or structural development in the
area through which the pipeline will be located.
(c) Adequacy of water supplies for fire control purposes.
(d) Extent of available public fire protection facilities .
(e ) Number and location of shut-off valves in line.
II. COMPENSATION
3. 44 .260 Base granting fee. In the case of an initial
grant of franchise , or franchises which extend, renew, or con-
tinue previously granted franchises a base granting fee of
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five thousand dollars ($5,000 ) for pipelines with a total length
of 1/4 mile or more or five hundred dollars ($500 ) for pipelines
with a total length of less than 1/4 mile shall be paid within
thirty (30) days after the execution of the franchise agreement.
If at any time following the grant of a franchise, additional
pipeline is added which will result in a total length of pipeline
of 1/4 mile or more, the five thousand dollar ($5,000 ) granting
fee shall be required at the time said footage is added.
3.44. 270 Base annual fee. A base annual fee shall be paid
within sixty 0 days after the end of each calendar year and
during the life of the franchise for each and every year, includ-
ing the year of granting the franchise, according to the "fran-
chise payment period" as defined in this chapter, in the amount
of 12 cents ($ .12 ) per lineal foot of pipe for pipelines with an
internal diameter of 8 inches or less and an additional 2 cents
($.02) per inch of internal diameter per foot of pipe for each
inch or portion thereof in excess of 8 inches . In determining
the number of feet of pipeline upon which the annual fee will be
computed, the greatest number of feet of pipeline covered by the
franchise during the calendar year for which payment is due will
be utilized. The base annual fee shall be paid no later than
seventy-five (75) days following the end of the calendar year
and a penalty at the rate of ten percent (101) per month or
fraction thereof beyond the payment date shall be charged, but
in no event shall said penalty exceed fifty percent (50%) .
The city reserves the right to adjust the base fees, as
established in sections 3. 44.260 and 3. 44 . 270 , at any time after
the effective date of the franchise agreement granting a franchise.
3.44. 280 Base construction charges. The holder of the fran-
chise 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 one thousand five hundred
dollars ($1,500) for each 1/2 mile of pipeline or fractional part
thereof installed, replaced or relocated on major streets and
one thousand dollars ($1,000) per 1/2 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 effec-
tive date of the franchise agreement .
3.44. 290 Adjustments--Base annual fee. The amount of each
annual payment of the base annual fee shall be revised every year
from the effective date of the franchise agreement at the time of
payment , in accordance with the following formula:
(a) The "Wholesale ' Producer' Price" index (1967=100) "All
Commodities" , established by the United States Bureau of Labor
Statistics , Department of Labor, as it stands on the date the
franchise is granted, shall be taken as the "base index" upon
which the above franchise fee is computed.
8.
(b) If said index for the calendar month ending two (2)
months prior to the month in which payment to the city is due
shall stand at other than said "base index" , then the rate of
payment to the city shall vary from said "base annual fee" in
direct proportion as said index has increased from the "base
index" , as hereinabove defined; provided, however, that in no
event shall the amount of the annual payment be less than the
"base annual fee" as set forth herein.
(c) If said bureau shall revise the said index, the parties
hereto shall accept the method of revision or conversion recom-
mended by said bureau.
(d) If said bureau shall discontinue the preparation of
the said index using prices prevailing in the year 1967, as a
base of 100 and if no transposition table prepared by said
bureau is available , applicable to said year of 1967, then the
amount of each annual payment shall be computed by reference to
such other price index as may be chosen by city and the city
shall be the sole judge of comparability of successive indices .
3.44. 300 Proration of payments . In the event of abandon-
ment of facilities with the approval of the city as elsewhere in
this chapter provided, or in the event of removal of such facili-
ties by the franchisee, or in the event of the grant of a fran-
chise with an initial franchise payment period of less than one
year, the annual franchise fee required under section 3. 44.390
shall be prorated for the calendar year in which such removal
or abandonment or grant occurs as of the end of the calendar
month in which removed, abandoned or granted.
3.44. 310 Records . Franchisee shall keep and preserve for
a period of five 5 years subsequent to the date of the most
recent franchise fee determination all the records necessary to
determine the amount of such franchise fee.
At all reasonable times, the franchisee shall permit the
city or its duly authorized representative to examine all property
of the franchisee erected, constructed, laid, operated or main-
tained pursuant to the franchise, together with any appurtenant
property of the franchisee, and to examine and transcribe any
and all books, accounts, papers, maps, and other records kept
or maintained by the franchisee or under its control which con-
cern the operations , affairs , transactions , property or financial
condition of the franchisee with respect thereto. Said records
shall be made available to the city at a location in the County
of Orange.
9.
III. CONSTRUCTION
3. 44. 320 Construction requirements . Pipelines and appur-
tenances shall be constructed and maintained in a good workman-
like manner in conformity with the terms and conditions of any
city ordinance, rule or regulation now, or as hereafter amended,
adopted or prescribed by the city. All pipes laid under the
franchise shall be of first class material.
3.44. 330 New installation or replacement. New installations
or replacements of pipelines and appurtenances and all other
facilities necessary for the installation, operation, maintenance,
and safety of pipelines and conduits shall be laid and maintained
only pursuant to permit issued by the department . All such instal-
lations or replacements shall be reviewed by the director as to
the most desirable location in the streets of the city and his
decision shall be final and binding on the franchisee.
3.44. 340 Permits . Where the provisions of any city ordi-
nance , resolution or regulation, which shall be in force at that
time, require the issuance of an excavation, encroachment or
other type of permit, the franchisee shall not commence any
excavation or encroachment work under the franchise until it
shall have obtained such permit from the department except in
cases of emergency affecting public health, safety or welfare
or the preservation of life or property, in which case the fran-
chisee shall apply for such permit not later than the next busi-
ness day.
The application of the franchisee for such permit shall
show the following facts : the length and proposed location of
the pipeline and/or appurtenance intended to be used, and such
other facts as the department may require. The franchisee shall
pay any and all permit inspection fees to the department.
3.44. 350 Work on and restoration of streets. The work of
constructing, laying, replacing, maintaining, repairing or remov-
ing all pipelines and appurtenances authorized under the provisions
of this chapter in, over, under, along or across any street shall
be conducted with the least possible hindrance to the use of the
street for purposes of travel. As soon as such work is completed,
all portions of the street which have been excavated or otherwise
damaged thereby shall promptly and in a workmanlike manner be
repaired, replaced or restored and placed in as good condition
as before the commencement of such work and shall be done to the
satisfaction of the director at the expense of the franchisee ,
and in accordance with the terms and conditions of any city
ordinance, resolution or regulation.
In the event that the franchisee shall fail or neglect to
make such highway repair, replacement or restoration work, ten
(10) days after notice therefor has been given franchisee by the
10.
director, the city may repair, replace or restore said highway
at the expense of franchisee. Franchisee agrees to pay to the
city the cost of performing such work. The amount so chargeable
shall be the direct cost of such work plus the current rate of
overhead being charged by the city for reimbursable work.
3.44. 360 Failure to timely comply. In the event that the
franchisee fails to complete the work within the time specified
in the permit , the city may require the franchisee to pay to the
city not more than two hundred dollars ($200 ) per day as liquidated
damages for each day construction extends beyond the time speci-
fied in the permit .
Whenever the franchisee fails to complete any work required
by the terms and provisions of the franchise , and the permits
issued thereunder, within the time limits required thereby, the
city may complete or cause to be completed any and all such work
at the expense of the franchisee. The franchisee agrees to pay
to the city the cost of performing such work. The amount so
chargeable to franchisee shall be the direct cost of such work
plus the current rate of overhead being charged by the city for
reimbursable work.
3.44. 370 Completion statement . Upon the completion of the
construction of any pipelines or appurtenances constructed pur-
suant to said franchise, the franchisee shall submit a statement
to the director, identifying the permit or permits issued by the
department , the total length of pipeline, the construction of
which was authorized under such permit or permits, and the total
length of pipeline or appurtenances actually laid.
3.44. 380 Appurtenances . The franchisee shall have the right
to construct, maintain and repair such traps , manholes , conduits,
valves , appliances, attachments and appurtenances (hereinafter
collectively referred to as "appurtenances" ) as may be necessary
or convenient for the proper maintenance and operation of the
pipelines under said franchise , and said appurtenances shall be
kept flush with the surface of the street and so located as to
conform to any ordinance, resolution or regulation of the city,
or of any permit issued by the department in regard thereto and
shall not interfere with the use of the street for travel. The
franchisee shall have the right subject to such ordinances, resolu-
tions or regulations as are now or may hereafter be in force, to
make all necessary excavations in said street for the construction,
maintenance and repair of said appurtenances; provided, however,
that the franchisee shall first obtain an excavation permit from
the department for doing any such work.
3.44. 390 Ordinary repair. The franchisee shall be privileged
to excavate in the road or street for line repair for the number
of days agreed upon by the franchisee and the department; provided,
ll.
however, that the franchisee shall first obtain an excavation per-
mit from the department for the doing of any such work.
3.44. 400 Breaks or leaks. If any portion of the street
shall be damaged by reason of breaks or leaks in any pipe, con-
duit , or appurtenance constructed or maintained under the fran-
chise, the franchisee thereof shall, at its own expense, im-
mediately following written or oral notification thereof,
promptly repair any such damage and put such street in as good
condition as it was in before such damage or leak, all to the
satisfaction of the department . The franchisee shall obtain an
excavation permit from the department for the doing of any such
work.
3.44. 410 Emergency equipment . At all times during the term
of this franchise, the franchisee shall maintain or arrange for,
on a twenty-four (24) hour a day basis adequate emergency equip-
ment and a properly trained emergency crew within a radius of
twenty-five (25) miles from any facilities installed or maintained
pursuant hereto for the purpose of shutting off the pressure and
the flow of contents of such facilities in the event of an emer-
gency resulting from an earthquake, act of war, civil disturbance,
fire, flood, or any other cause or nature whatsoever.
3.44. 420 Removal or abandonment of facilities .
(a) At the expiration, revocation or termination of this
franchise or the permanent discontinuance of the use of all or
a portion of its facilities, the franchisee shall, within thirty
(30) days thereafter make written application to the city for
authority either: (1) to abandon all or a portion of such facili-
ties in place; or (2) to remove all or a portion of such facili-
ties. The director shall determine whether any abandonment or
removal which is thereby proposed may be effected without detri-
ment to the public interest and under what conditions such pro-
posed abandonment or removal may be safely effected. He shall
then notify the franchisee of his determinations .
(b) Within thirty (30) days after receipt of such notice,
the franchisee shall apply for a permit from the department to
abandon or remove the facility. Such permit is to contain the
conditions of abandonment or removal as may be prescribed by the
director.
The franchisee shall, within ninety (90) days after obtaining
such permit commence and diligently prosecute to completion, the
work authorized by the permit .
3.44. 430 Failure to comply.
(a) If any facilities to be abandoned "in place" subject
to prescribed conditions shall not be abandoned in accordance
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with all such conditions the director may make additional appro-
priate orders , including an order that the franchisee shall
remove any or all such facilities . The franchisee shall comply
with such additional orders.
(b) In the event that the franchisee shall fail to comply
with the terms and conditions of abandonment or removal as may
be required by this chapter and within such time as may be pre-
scribed by the director, the city may remove or cause to be
removed such facilities at the franchisee ' s expense. The fran-
chisee shall pay to the city the cost of such work plus the
current rate of overhead being charged by the city for reimburs-
able work.
(c) If, at the expiration, revocation or termination of
this franchise, or of the permanent discontinuance of the use of
all or a portion of its facilities , the franchisee shall, within
thirty (30) days thereafter, fail or refuse to make written
application for the above-mentioned authority, the director shall
make the determination as to whether the facilities shall be
abandoned in place or removed. The director shall then notify
the franchisee of his determination. The franchisee shall there-
after comply with the provisions of subsection (b) of Section
3. 44. 420.
3. 44.440 Abandonment "in place" conditions . Facilities
abandoned in place ' shall be subject to the condition that if,
at any time after the effective date of the abandonment , the
director determines that the facility may interfere with any
public project , franchisee or its successor in interest must
remove the facility at its expense when requested to do so by
the city or to pay city for the cost of such removal.
IV. SPECIAL PROVISIONS FOR OIL PIPELINES
3. 44.450 Rights granted.- The franchisee granted an oil
pipeline franchise shall have the right during the life thereof
to transport oil, gas, gasoline, petroleum, wet gas and other
hydrocarbon substances through the pipelines maintained under
the franchise . If the franchisee or assignee later qualifies
before the Public Utilities Commission of the state of California
as a common carrier, the franchisee or assignee shall then have
no right to continue to operate hereunder after the date of such
qualification except with the consent of the council, granted
upon such additional terms and conditions as the council may
deem proper. Such additional terms and conditions shall be
expressed by resolution.
3.44. 460 Materials used. All pipelines used or to be used
for the transportation of oil, gas, gasoline, petroleum, wet gas
and other hydrocarbon substances shall be first class and standard
13.
material as set forth by current American Petroleum Institute
pipeline specifications .
3.44. 470 Approvals . On all pipelines laid pursuant to the
franchise, the director shall approve where flush-valve connec-
tions shall be placed in the line. The availability of adequate
water supplies , the hydrocarbons transmitted in the line, and
the location of control valves shall be considered when making
such determination. Such flush-valve connections shall be in-
stalled in the manner prescribed by the director.
3 .44. 480 Reports . The franchisee during the life of the
franchise , within sixty (60) days after the expiration of each
franchise payment period, shall :
(a) File with the director two copies of a verified report
of the franchisee showing for the immediately preceding franchise
period, the length of lines in streets, the internal diameter of
such lines, the rate per foot per year and the total amount due
the city.
(b) File with the director a report in triplicate, showing
the permit number of each permit obtained for the installation
of new mains during the immediately preceding franchise payment
period, together with the length and size of said mains. On this
report the franchisee shall show any change in franchise footage
since the last franchise payment period segregating such footage
as to new mains laid, old mains removed, old mains abandoned in
place, and the footage of mains in territory annexed or incor-
porated since the last franchise payment period. .
3. 44. 490 Payments due. Except for pipelines lawfully main-
tained other than by the authority granted by the franchise, the
annual payments shall accrue from the respective dates of instal-
lation, whether before or after the effective date of the fran-
chise agreement, and such payments, together with the initial con-
struction charges, if any, shall be due and payable annually.
3.44.500 Cost of relocation. Franchisee shall bear the
costs of removing and relocating its facilities used and main-
tained under this franchise if made necessary by any lawful
change of grade , alignment or width of any public street, way,
alley or place, or for any public project , even if franchisee' s
facilities are located on a private easement .
SECTION 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance or any future amendments or
additions hereto is for any reason held to be invalid or uncon-
stitutional by the decision of any court of competent jurisdiction,
14.
such decision shall not affect the validity of the remaining
portions of this ordinance or any future amendments or additions
hereto. The city council declares that it would have adopted
this ordinance and each section, subsection, sentence, clause,
phrase or portion of any future amendments or additions thereto,
irrespective of the fact that any one or more sections , subsec-
tions , clauses , phrases , portions or any future amendments or
additions thereto be declared invalid or unconstitutional.
SECTION 3. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly news-
paper of general circulation, printed and published in the County
of Orange.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of September, 1978.
gz�
ATTEST: Mayor
ALICIA M. WENTWORTH
City -Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
ity Administrator City Attorney G
15.
Ord. No. 2319
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 21St day of August
19 78 , and was again read to said City Council at a regular
meeting thereof held on the 5th day of September 19 78 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-off icio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the CityJhas
Rmtin-ton °e .ach a S a - c o C+ ri< . r the
Coi n..'I, cl._ 4 s, r a .^ r:i r;.r:cv beena'� :;� �'� ers
N"
In G c w:;f ty.
ALICIA M, WENTWORTH
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City Clerk
_..---�"0-4- --------------
_ Deputy City Clerk