Diamond Bar Municipal Code Div. 5 Pipelines and Other Utilities on Bridges

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Person means and includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county, including this county, and all departments and bureaus thereof except the road department of the county, city and county, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit.

Pipeline means and includes, unless the context otherwise requires, 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 division.

(Ord. No. 14(1989), § 2(16.74.010), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

(a) Required when; terms and conditions. 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, he shall first make application to the director of public works and receive from him a permit to do so. The director shall not grant any such permit until he finds that a permit may be granted without detriment to the bridge or culvert. If the director so finds, he 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:

(1) Payments shall be made in advance annually to the city at the rate established by the council from time to time per linear 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. Where a pipeline does not cross, but is parallel or approximately parallel to the stream, ravine, gulley or other depression crossed by the bridge then, as used in this section, the word "length" shall be construed as the word "width." Where a pipeline is supported in part by a structure 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.

(2) The name of the person owning the franchise shall be shown on each pipeline at each end of the bridge, in a manner which will be legible at all times.

(3) 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 pipeline at both ends of the bridge or culvert at a distance of at least 200 feet from the ends of the bridge or culvert, and the shutoff valve shall be installed in the pipeline 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.

(4) The permittee shall paint all pipelines, when installed, the same color as the bridge or culvert.

(5) Each permittee shall furnish the director and the county 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.

(b) Liability agreement prerequisite to issuance. Before any permit is granted pursuant to subsection (a) of this section, the person applying for the same shall first make, execute and deliver to the director an agreement whereby such person agrees:

(1) 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.

(2) 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.

(3) Such person will save 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.

(c) Sale, transfer, lease or assignment limitations. The grantee of a permit granted pursuant to this division shall not sell, transfer, assign or lease such permit, or any of the rights and privileges granted thereby, without first obtaining the consent of the city council 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.

(d) Revocation for violations; penalty. Any person having a permit granted pursuant to the provisions of this division and who violates any of the provisions of this division shall be subject to an immediate revocation of his permit.

(Ord. No. 14(1989), § 2(16.74.020, 16.74.030, 16.74.080, 16.74.130), 6-27-89)

(a) In addition to other payments. The annual rentals established pursuant to this division shall be in addition to the annual tolls required to be paid by the grantee under franchises to occupy city highways which may be held by the grantee.

(b) Exemption conditions. 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 12.04.3020(a), which permit, if granted, shall be granted without the payment of any permit fee or bridge rental.

(c) Lower fees authorized in certain cases. Where the city council finds that, because of the disturbance of an easement, or otherwise, a consideration is due or will become due from the city to the applicant, as a set-off, the city council, in directing the commissioner to issue the permit, may provide that either no fee or a lower fee than that provided for in the rate schedule adopted pursuant to section 12.04.3020(a) be collected. The city council, in like manner, may provide that either no inspection fee or a lesser inspection fee than that adequate to reimburse the director be collected. The director shall not receive greater fees than specified in such orders.

(d) Late payment charge. If any annual advance rental payment specified in this section 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. No. 14(1989), § 2(16.74.040—16.74.070), 6-27-89)

If it becomes necessary to remove or relocate, for any public purpose of the city, any pipeline or conduit attached to or supported by a city bridge under the authority of a permit granted subject to this division, the grantee or assignee thereof shall pay the entire cost of such removals or relocations.

(Ord. No. 14(1989), § 2(16.74.090), 6-27-89)

The privileges under any permit granted pursuant to this division may be revoked, in whole or in part, at any time upon 30 days' written notice from the city to the grantee thereof.

(Ord. No. 14(1989), § 2(16.74.100), 6-27-89)

All of the terms and conditions of this division are expressly made applicable to all permits previously granted.

(Ord. No. 14(1989), § 2(16.74.110), 6-27-89)

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 division, is guilty of a misdemeanor punishable as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(16.74.120), 6-27-89)