Carson Municipal Code Part 3 Construction

6840. Construction Requirements.

Pipelines and appurtenances shall be constructed and maintained in good workmanlike manner in conformity with the terms and conditions of the Highway Permit Ordinance, or any other 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. All pipelines and appurtenances will be installed in accordance with the latest revision of the "American Standard Code of Pressure Piping ASA B31.4" and the Highway Permit Ordinance.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6841. New Installation or Replacement.

New installation 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, and pursuant to Section 6827. All such installations 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.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6842. Permits.

Where the provisions of the Highway Permit Ordinance, or the provisions of any other ordinance, rule or regulation, which shall be in force at the 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 Franchisee shall apply for such permit not later than the next business 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.

Pipeline Inspections and Test Results. A Franchisee shall test all pipelines as required by the state fire marshal or other state or federal agency with jurisdiction over the pipeline or by any applicable law, and must either (a) make available for inspection by the City the results of all pipeline inspections and pipeline tests that are required by the state fire marshal and by all applicable laws within 60 days of the Franchisee’s receipt of those results; or (b) in lieu of subsection (a) of this section a Franchisee may demonstrate compliance with this section by providing a copy of the state fire marshal’s annual determination that the pipeline operator is in compliance with federal and state laws and regulations governing the maintenance and operation of the pipeline(s) in question, which shall be deemed conclusive evidence that the pipeline(s) in question are being operated safely.

Pipeline Emergency Plan. At the time an Application is submitted to the City for a new franchise, an Applicant shall file, and thereafter annually during the term of the franchise keep on file with the Supervisor, a pipeline emergency plan as may be required by 49 C.F.R. 195.402, 49 C.F.R. 192.615, the Elder California Pipeline Safety Act of 1981 (Government Code Sections 51010 et seq.), and all other applicable laws. Each Franchisee shall update its pipeline emergency plan whenever it acquires, constructs, lays, removes or abandons any facilities under a franchise, and shall file the plan with the public works department within 30 days after any update. In lieu of filing a pipeline emergency plan with the Supervisor, a Franchisee that uses its facilities to transport only potable water may file a certification annually declaring that it has prepared and filed the required pipeline emergency plan with the public utilities commission.

The City may not disclose confidential information of Franchisee such as integrity test results or GIS data unless required to do so under the Public Records Act or other law. If City is required to disclose any such confidential information, City will give adequate prior notice of such disclosure to Franchisee to permit Franchisee to intervene and to request protective orders or other confidential treatment therefor.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6843. Work on and Restoration of Streets.

The work of constructing, laying, replacing, maintaining, repairing or removing 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, and 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 the same was before the commencement of such work. Such restoration, repair or replacement work may, as determined by the Director, require the resurfacing, slurry scaling or other treatment of the street or streets to a minimum of one driving lane, and all such work shall be done to the satisfaction of the Director at the expense of the Franchisee, in accordance with the terms and conditions of the Highway Permit Ordinance.

In the event that the Franchisee shall fail or neglect to make such highway repair, replacement, or restoration work, then 10 days after notice therefor has been given Franchisee by the 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 reimbursement work.

(Ord. 78-428 § 1; Ord. 86-739 § 3; Ord. 26-2603, 2/17/2026)

6844. 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 $1,000 per day, or a higher amount if required under the ordinance granting the franchise to adjust for inflation at the same rate permitted under Sections 6830B and 6832D using 2024 as the base year, as Liquidated Damages for each day construction extends beyond the time specified in the permit. Notwithstanding anything else in this Chapter, such damages shall be charged as Liquidated Damages even without City providing Franchisee with notice and an opportunity to cure under Section 6829.

Whenever the Franchisee fails to complete any work required by the terms and conditions 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.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6845. Completion Statement.

Upon the completion of the construction of any pipelines or appurtenances constructed pursuant to said franchise, the Franchisee shall submit a statement of the Supervisor, 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 appurtenance actually laid.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6846. Responsibility.

The Franchisee shall be responsible to the City and shall save the City, its officers, agents, and employees, free and harmless from all damages or liability arising from any damage or injury suffered by any person by reason of any excavation or obstruction being improperly guarded during any work authorized pursuant to the franchise or the failure or neglect of the Franchisee to properly perform, maintain, or protect any phase of such work.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6847. 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, rule 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, rules or regulations as are now or may hereafter be in force, to make all necessary excavations in said streets 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 of any such work.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6848. 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, however, that the Franchisee shall first obtain an excavation permit from the Department for the doing of any such work.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6849. Relocation of Pipelines and Appurtenances.

A. The City reserves the right to change the grade, to change the width or to alter or change the location of any street over which the franchise is granted. If any of the pipelines, facilities or appurtenances heretofore or hereafter constructed, installed or maintained by the Franchisee pursuant to the franchise on, along, under, over, in, upon or across any street are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvements, repair, construction, reconstruction, widening, alteration or relocation of the street, the Franchisee shall relocate permanently or temporarily any such facility at no expense to the City upon receipt of a written request from the Director to do so, and shall commence such work on or before the day specified in such written request which date shall be not less than 60 days from receipt of such written request. Franchisee shall thereafter diligently prosecute such work to completion. Such 60 day deadline shall be extended to the extent Franchisee is unable to commence work due to any delays caused by the City or any other factors beyond the reasonable control of Franchisee, including but not limited to any force majeure events. Determination of the existence of any such conflict and interference with City’s projects will be made solely by the Director after City utilizes any one or more of the following industrywide accepted processes: GPR (ground penetrating radar), Digalert, or survey and exposure (e.g., by potholing).

B. The City reserves the right for itself, and all other public entities which are now or may later be established, to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description in a governmental but not proprietary capacity within the streets over which the franchise is granted. If the City or any other public entity finds that the location or relocation of such facilities or improvements conflicts with the facilities laid, constructed or maintained under the franchise, whether such facilities were laid before or after the facilities of the City or such other public entity were laid, the Franchisee of such franchise shall at no expense to the City or public entity, on or before the date specified in a written request from the Director, which date shall be not less than 60 days after the receipt of such notice and request to do so, commence work to change the location either permanently or temporarily of all facilities so conflicting with such improvements to a permanent or temporary location in said streets to be approved by the Director and thereafter diligently prosecute such work to completion. Such 60 day deadline shall be extended to the extent Franchisee is unable to commence work due to any delays caused by the City or any other factors beyond the reasonable control of Franchisee, including but not limited to any force majeure events. If such street be subsequently constituted a state highway, while it remains a state highway the rights of the State of California shall be as provided in Streets and Highways Code Section 680. Determination of the existence of any such conflict and interference with City’s projects will be made solely by the Director after City utilizes any one or more of the following industrywide accepted processes: GPR (ground penetrating radar), Digalert, or survey and exposure (e.g., by potholing).

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6850. Breaks or Leaks.

If any portion of the street shall be damaged by reason of breaks or leaks in any pipe, conduit, or appurtenance constructed or maintained under the franchise, the Franchisee thereof shall, at its own expense, immediately 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.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6851. Emergency Equipment.

At all times during the term of its franchise, a Franchisee shall locate and maintain or arrange for the location and maintenance of, adequate emergency equipment and a properly trained emergency crew as required by 49 C.F.R. 195.402, 49 C.F.R. 192.615, the Elder California Pipeline Safety Act of 1981 (Government Code Sections 51010 et seq.), and all other applicable laws for the purpose of shutting off the pressure and flow of the contents of the pipelines in the event of an emergency. The emergency equipment and crew must be available to respond on a 24-hour-a-day basis. At all times during the term of its franchise, a Franchisee shall provide up-to-date 24-hour-a-day emergency contact information to the public works department and all applicable fire protection districts.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)

6852. Removal or Abandonment of Facilities.

A. At the expiration, revocation or termination of this franchise or upon the permanent discontinuance of the use of all or a portion of its facilities, the Franchisee shall, within 30 days thereafter, make written application to the Director for authority, as determined by the Franchisee, either: (1) to abandon all or a portion of such facilities in place; or (2) to remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned or removed by reference to the map or maps required by CMC § 6808 and shall also describe with reasonable accuracy the physical condition of such facilities.

B. The Director shall determine whether the abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be safely effected. The Director shall then notify the Franchisee of his determination. The Franchisee shall pay to the City the cost of all tests required to determine the disposition of the application for abandonment or removal.

C. Within 30 days after receipt of such notice, the Franchisee shall apply for a permit from the Department to abandon or remove all or a portion of the facilities and shall pay all fees and costs related thereto. Said permit shall contain such conditions of abandonment or removal as may be prescribed by the Director. Any abandonment shall be conditioned, in part, upon Franchisee's compliance with the provisions of CMC §§ 6849A and B.

D. The Franchisee shall, within 90 days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.

E. If the Franchisee applies for authority to abandon all or a portion of its facilities in place, and the Director determines that abandonment in place of all or part of the facilities may be effected without detriment to the public interest, the Franchisee shall pay to the City a one-time fee which shall be computed as follows:

(Ord. 78-428 § 1; Ord. 87-777 § 1; Ord. 26-2603, 2/17/2026)

6853. Failure to Comply.

A. If any facilities to be abandoned "in place" subject to prescribed conditions shall not be abandoned in accordance with all such conditions the Director may make additional appropriate 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 prescribed by the Director, then the City may remove or cause to be removed such facilities at the Franchisee's expense. The Franchisee shall pay to the City the cost of such work plus the current rate of overhead being charged by the City for reimbursable 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 30 days thereafter, fail or refuse to make written application for the abovementioned 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 thereafter comply with the provisions of CMC §§ 6852C and D.

(Ord. 78-428 § 1; Ord. 87-777 § 2; Ord. 26-2603, 2/17/2026)

6854. 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.

(Ord. 78-428 § 1; Ord. 26-2603, 2/17/2026)