Commerce Municipal Code Art. IV Water Pipeline Systems

Every franchise, not subject to Article III of this chapter 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 and distribution of water for any purpose, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of the pipes or pipelines in, under, along or across any or 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).

The grantee, during the life of the franchise, shall prepare and file with the city finance director a report as provided by §5.08.160.

(Ord. 177 §1(part), 1972).

Within ninety days after the expiration of each franchise report 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 report period, together with the length and size of the mains. On this report the grantee shall show any change in franchise footage since the last franchise report 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 period. In addition to the annual payment required by §5.08.110, if any, the grantee shall pay an initial construction charge of twenty-five dollars per mile, or fraction thereof, for all new mains laid during the franchise report period. With the report required by §5.08.160, the grantee shall file the report required by this section accompanied by both the annual payment, if any, and the initial construction charge, if any. In those cases where the annual franchise report under §5.08.160 is not required during the first five years, the report under this section shall, nevertheless, be filed annually as stated above during the five-year period as well as thereafter.

(Ord. 177 §1(part), 1972).

The grantee, during the life of the franchise, shall make annual payments to the city, as provided in §5.08.110.

(Ord. 177 §1(part), 1972).

The grantee shall have the right, during the term of the period covered by the franchise and subject to the terms thereof, to make service connections with all property adjoining the streets or any of them and to furnish and distribute water through the pipes and pipelines to all the territory adjacent to the pipelines for any purpose.

(Ord. 177 §1(part), 1972).

All new pipelines, replacements and extensions for domestic water service shall be constructed, laid and designed according to plans approved by the city administrator, after consultation with the director of public works and fire chief.

(Ord. 177 §1(part), 1972).

The city administrator shall approve such plans if the pipelines to be laid, extended or replaced are so designed in conjunction with related facilities, and the location of fire hydrants, as to comply with required domestic demands and fire flows indicated by the Board of Fire Underwriters, and to comply with all other requirements of this chapter and the ordinance granting the franchise.

(Ord. 177 §1(part), 1972).

The city administrator may grant an exception to the requirements of §5.08.800 where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of §5.08.800, and in granting of such exception, the spirit of §5.08.800 shall be observed, public safety secured and substantial justice done.

(Ord. 177 §1(part), 1972).

As further consideration for the granting of the franchise, the grantee agrees at the request of the city administrator to install at no cost to the city, except a reasonable monthly rental, fire hydrants at such places along the grantee's water mains as may be designated by the city administrator after consultation with the fire chief.

(Ord. 177 §1(part), 1972).

As further consideration for the granting of the franchise, the grantee agrees that all pipeline sizes shall be subject to the approval of the city administrator for the purpose of insuring adequate water for fire protection purposes. No pipeline shall be constructed hereunder which is inadequate for such purposes in the opinion of the city administrator after consultation with the director of public works and fire chief.

(Ord. 177 §1(part), 1972).

As further consideration for the granting of the franchise, the grantee agrees that all pipeline sizes shall be subject to the approval of the city administrator for the purpose of determining that such pipeline sizes are and will be adequate for the projected domestic demand in the city, including residential, commercial and industrial uses. No pipeline shall be constructed hereunder which is inadequate for such purposes in the opinion of the city administrator, after consultation with the director of public works.

(Ord. 177 §1(part), 1972).