Skip to content

Title 5 — BUSINESS REGULATIONS AND LICENSING›Chapter 5.08 — FRANCHISES

Article III — OIL PIPELINE SYSTEMS

Commerce Municipal Code · 2026-09 edition · updated 2026-10-02 · Commerce

5.08.640 - Applicability of article.

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 transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam and other liquid substances, 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 grantee's business, in, under, along or across any and all streets, except as otherwise provided in the ordinance granting the franchise, shall be granted subject to the following terms and conditions in addition to such of the general terms and conditions of Article I hereof as are incorporated by reference in the ordinance granting the franchise and in addition to those terms and conditions set forth in the ordinance granting the franchise.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.650 - Exemptions.

This article does not apply to public utilities or to mutual water companies.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.660 - Rights under franchise—Effect of qualifying as common carrier.

The grantee of the franchise shall have the right during the life thereof to transport oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, waste water, mud and other liquid substances through the pipelines maintained under the franchise. If the grantee or assignee qualifies before the Public Utilities Commission of the state as a common carrier, the grantee or assignee shall then have no right to continue to operate hereunder after the date of such qualifications except with the consent of the city council, granted upon such additional terms and conditions as the city council may deem proper. Such additional terms and conditions shall be expressed by ordinance.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.670 - Reports required.

The grantee, during the life of the franchise, within ninety days after the expiration of each franchise payment period, shall file with the city finance director two copies of a report verified by the oath of the grantee or by the oath of a duly authorized representative of the grantee showing for the immediately preceding franchise period the length of pipelines in highways, the internal diameter of such pipelines, the rate per foot per year and the total amount due the city.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.680 - Reports of changes in footage and size of mains—Fee for new construction.

Within ninety days after the expiration of each franchise payment period, the grantee shall file with the director of public works an annual 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 such mains. On this report the grantee 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 since the last franchise payment period. In addition to the annual payment required by §5.08.690, the grantee shall pay an initial construction charge calculated at the rate of one hundred dollars per mile or fraction thereof for all new mains laid during the franchise payment period. With the report required by §5.08.670, the grantee shall file the report required by this section accompanied by both the annual payment and the initial construction charge, if any.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.690 - Computation and payment of fees for franchise generally.

The grantee, during the life of the franchise, shall make annual payments to the city in lawful money of the United States for the privilege hereby granted, at the rate of one-half cent per inch of internal diameter per foot of pipeline installed and maintained in the highways.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.700 - Computation and payment of annual fee for communication lines.

The grantee shall pay also, during the life of the franchise, an annual fee of twenty-five dollars per pole-mile or portion thereof and twenty-five dollars per mile or portion thereof of underground conduits for telephone or telegraph lines maintained under the franchise.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.710 - Accrual of payments—When due and payable.

Except for pipelines lawfully maintained other than by the authority granted by the franchise, the annual payments shall accrue from the respective dates of installation, whether before or after the effective date of the ordinance granting the franchise, and shall be due and payable annually beginning with the expiration of the first franchise payment period selected by the grantee in accordance with §5.08.101.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.720 - Certain pipeline specifications.

All pipelines used or to be used for the transportation of oil, gas, gasoline, petroleum wet gas, hydrocarbon substances or other flammable liquid shall be first-class and standard material as set forth by current American Petroleum Institute pipeline specifications.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

5.08.730 - Approval of fire chief required for flush-valve connections.

On all pipelines laid pursuant to the franchise, the city fire chief shall approve where flush-valve connections shall be placed in the pipelines. The availability of adequate water supplies, the commodity transmitted in the line and the location of control valves shall be considered when making such determination. Such flush-valve connections shall be installed in the manner prescribed by the fire chief.

(Ord. 177 §1(part), 1972).

Exceptions & meaning →

Get a plain-English answer with a citation back to this text.

Ask AI about this code
▸Contents — Commerce Municipal Code

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.