El Monte Municipal Code Ch. 18.04 General Utilities

Every franchise hereafter granted by the city to erect or lay telegraph or telephone wires, to lay pipes, pipe lines or conduits for the purpose of carrying gas, gasoline, oil, water or steam, to erect poles or wires for transmitting electricity for light, heat or power, or to exercise any similar privilege, along or upon any street in the city and to operate and maintain the same, shall be granted upon and subject to the following rules, regulations, restrictions, terms and conditions, in addition to the rules, regulations, terms and conditions set out in the ordinance granting each such franchise:

A. Conditions. All franchises for the laying, constructing, operating and maintaining of oil, gas, gasoline, steam or water pipe line systems; and for the constructing, operating and maintaining of conduits or pole lines for the transmission of electricity for power and light, shall be granted subject to all the terms and conditions prescribed in this chapter.

B. Acceptance. The franchise will be granted and shall be held and enjoyed upon the terms and conditions herein contained, and contained in the ordinance granting the same, and the grantee must, within thirty (30) days after the passage of the ordinance granting the franchise, file with the Clerk of the Council a written acceptance of the terms and conditions set out herein and in said ordinance.

C. Grantee Defined. The term "grantee" whenever used herein and in such ordinance shall be held to include the person to whom the franchise is awarded and granted by the Council, and his successors and assigns.

D. Excavation Permit. The grantee shall not commence the work of constructing, erecting or excavating for the purpose of laying any pipes, conduits or other appliances along any street, until it shall have first obtained a permit from the Council so to do, by making application for that purpose in accordance with the provisions of this code regulating excavations and requiring permits for the doing of such work.

E. Materials. All poles, pole lines, wires, pipes or pipe lines, traps, manholes, attachments and appliances constructed, or maintained under the provisions of the franchise shall be constructed and maintained in accordance and conformity with all of the provisions of this code and the rules and regulations now or hereafter adopted or prescribed by the Council and shall be of first-class material and subject to the approval of the Council.

F. Travel. The work of laying or repairing all pipes, pipe lines, conduits, traps, manholes, attachments and appliances shall be conducted with the least possible hindrance to the use of the streets for purposes of travel, and as soon as the laying, constructing, erecting or repairing of any pipe, pipe line, conduit, trap, manhole, attachment or appliance is completed, all portions of the street which have been excavated or otherwise injured thereby shall be placed in as good condition as the same was before the laying, constructing, erecting or repairing of any pipe, pipe line, conduit, trap, manhole, attachment or appliance, to the satisfaction of the Council, and any damage or injury suffered by any person by reason of any excavation, or obstruction being improperly guarded during said work, or the failure of grantee to make the fill properly, shall be borne by the grantee of the franchise.

G. Change of Grade. The City reserves the right to change the grade of any street over which the franchise is granted, and the grantee, at his or her own expense, shall within thirty (30) days after written notice and request so to do, change the location of all poles, pole lines, wires, pipes, pipe lines, conduits, traps, manholes, appliances and attachments laid, constructed, or erected thereunder, so as to conform to such change of grade.

H. Street Width. The city reserves the right to change the width of any street over which the franchise is granted and the grantee, shall at his or her own expense, within thirty (30) days after written notice and request so to do, change the location of all poles, pole lines, wires, pipes, pipe lines, conduits, traps, manholes, appliances and attachments laid, constructed, or erected under the franchise, to a corresponding position relative to the newly established property line, to be approved by the Council.

I. Street Location. The city reserves the right to alter or change the location of any street over which the franchise is granted, and the grantee shall, at his or her own expense, within thirty (30) days after written notice and request so to do, change the location of all poles, pole lines, wires, pipes, pipe lines, conduits, traps, manholes, appliances and attachments laid, constructed or erected under the franchise, to a position in the street as relocated, to be approved by the Council.

J. Location. The city reserves the right to lay, construct and maintain subsurface improvements of any type or description within the street over which the franchise is granted. If the necessary location of such sub-surface improvements conflicts with the poles, pole lines, wire, pipe, pipe lines, conduits, traps, manholes, appliances and attachments laid, constructed or erected under the franchise, whether previously laid or not, the grantee of such franchise, shall at his own expense, within thirty (30) days after written notice and request so to do, change the location of all poles, pole lines, wires, pipes, pipe lines, conduits, traps, manholes, appliances and attachments so conflicting with such subsurface improvements, to a location in said highway to be approved by the Council.

K. Street Improvements. The city reserves the right to improve the surface of any street over which the franchise is granted, and the grantee shall at his own expense, within thirty (30) days after receiving written notice of the intention of the grantor to improve any street within the territory covered by the franchise, and the request so to do by said grantor, commence and diligently prosecute to completion the work of laying, constructing the pipes, pipe lines, conduits, together with all traps, manholes, attachments and appurtenances necessary thereto, to be located beneath the ground, as shall be necessary or convenient to serve all factories, dwelling houses, buildings or other structures and the improvements thereof located on property adjacent to or which are to be served from said pipes, pipe lines, or conduits located in, under or upon said street which is about to be improved, and after the completion of said street improvements by the grantor, the right of grantee to lay or construct pipes, pipe lines, traps, manholes, attachments or other appurtenances, in, under or through said improved street or portion of such street under any franchise granted under the terms and conditions hereof, shall cease and terminate, providing that the grantee shall still have the right to lay or construct pipes, pipe lines, conduits, traps, manholes, attachments and appurtenances, in, under or through said improved street where the laying or construction of which will not directly, indirectly or consequentially disturb the service of said improved street, but not otherwise, and provided further, that nothing in this section shall be construed to prevent the grantee from operating, maintaining and repairing such pipes, pipe lines, conduits, traps, manholes, attachments and appurtenances as shall have been laid or constructed in accordance with the terms and conditions of the franchise under which they were laid or constructed.

L. Damage. If any portion of any street shall be damaged by reason of breaks or leaks in any pipes or other appliances laid or constructed under the franchise, the grantee shall, at its own expense, repair any such damage and put such street in as good condition as it was in before such break or leak, to the satisfaction of the Council. If grantee shall fail to comply with any instructions of the Council with respect to the location or relocation of any of said poles, pole lines, wires, pipes, pipe lines, traps, manholes, appliances or attachments, or the repair of any damage to street within ten days after the service of written notice upon the grantee requiring compliance therewith, then the Council may immediately do whatever work is necessary to carry out said instructions at the cost and expense of the grantee, which cost, by the acceptance of the franchise, the grantee agrees to pay upon demand.

M. Reports. On the first day of July and January of each year after the date of the granting of said franchise, unless all pipes and conduits authorized by such franchise shall have been constructed, the grantee shall render a statement to the city showing in detail the permits issued for the construction of pipes and the total length of pipe lines for the construction of which under the terms of the franchise permits have been taken out during the preceding six (6) months, and if the total length of pipe lines actually laid during said six (6) months is less than that permitted under the permits issued, such statement shall in addition to the above, show in detail the total length of pipe lines actually laid under said permits, and in either event the grantee shall accompany said report with the payment due the city as specified in each franchise. Any other semiannual payment stipulated in any franchise for the privilege of using the public streets in addition to the percentage of the gross receipts, shall be paid at the same time and with such reports. The grantee shall also, within thirty (30) days after the granting of the franchise, file with the Council a detailed statement showing the location and length in lineal feet of all pipe lines constructed by it on any public street described in the franchise and for which no franchise has been obtained, if any such there be, and shall accompany such statement with the payment due the city as specified in said franchise.

N. Maps. The grantee shall also file with the Council on or about the fifteenth day of January of each year, during the life of the franchise, a map or sets of maps each drawn to a scale of not less than six hundred (600) feet to one inch, showing in detail the exact location and size of all mains, laterals and service pipes installed beneath the surface of the streets therein described, belonging to, used by, or under the control of such grantee, or the successors or assigns. Whenever any pipe, conduit, tunnel, or other structure located under the surface of said highway is abandoned, the grantee shall, within thirty (30) days after such abandonment, file with the Council a statement in writing, giving in detail the location of the pipe, conduit, tunnel or other structure so abandoned. The map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, tunnels or other structures which shall have been laid, constructed or abandoned subsequent to the filing of the last preceding map or set of maps. Each map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by the grantee, verifying its correctness.

O. Assignment. The grantee shall not sell, transfer or assign or lease the franchise or privileges granted thereby, except with the consent of the Council; and such sale, transfer, assignment or lease shall be made only by a duly executed instrument in writing filed in the office of the Council; and nothing in the franchise contained shall be construed to grant to said grantee any right to sell, transfer or assign or lease said franchise, or any of the rights or privileges thereby granted, except in the manner aforesaid.

P. Franchise Value. The grantee of the franchise, by accepting the conditions thereof, stipulates and agrees that in any proceedings for the purpose of regulating the rates of the grantee no greater value shall be placed upon the franchise than the actual cash paid therefor by the grantee, and any violation of this provision shall ipso facto work a forfeiture thereof and render the franchise null and void, provided that in calculating the value of the franchise the original purchase price paid at the time the franchise is sold and the total amount of mileage then paid at the rate hereinafter mentioned for the particular franchise granted shall be considered the purchase price.

Q. Payments. That the grantee shall, during the life of the franchise, pay to the city in lawful money of the United States, the two (2) percent of the gross annual receipts of such grantee arising from the use, operation or possession of said franchise, as required by law. No percentage shall be paid for the first five years succeeding the date of the franchise, unless such exemption from payment is waived by grantee, but thereafter such percentage shall be payable annually as provided in this chapter.

R. Filing of Statement. It shall be the duty of the grantee of the franchise to file with the City Clerk at the expiration of six (6) years from the date of the granting of the franchise, or at the option of the grantee of the franchise at any time after the expiration of five (5) years and before the expiration of six (6) years after the granting of the franchise, and at the expiration of each and every year after the first statement shall have been filed, a statement verified by the oath of the grantee, or by the oath of the manager or presiding officer of the grantee, showing in detail the total gross receipts and gross earnings collected or received by the grantee during the preceding twelve (12) months (provided that in the event the grantee has exercised the option above referred to the first statement shall cover the period which has elapsed between the expiration of the fifth year after the granting of said franchise and the date of filing of said first statement) from the furnishing, transportation and distribution of water, oil, gas, gasoline or other hydrocarbon substances, through any part of the system for the construction and operation of which the franchise is granted, and within ten (10) days from the time of filing of said statement it shall be the duty of the grantee to pay to the City Treasurer in lawful money of the United States two (2) percent of the gross receipts arising from the use, operation and possession of said franchise during the term covered by said statement, and if the amount paid is incorrect in the judgment of the Council they may order the payment of such additional sum as they may find due thereunder, and if not paid the same may be collected by suit.

1. Forfeiture for Violation. Any neglect, omission or refusal by said grantee to file said verified statement or to pay said percentage of said gross annual receipts at the time or in the manner herein provided, shall ipso facto work the forfeiture of the franchise and all rights thereunder to the city.

S. Construction. Such franchise shall be granted upon each and every condition contained herein, and in the ordinance granting the same and shall ever be strictly construed against the grantee. Nothing shall pass thereby unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the franchise. Any neglect, failure or refusal to comply with any of the conditions of the franchise shall thereupon immediately and ipso facto effect a forfeiture thereof, and the Council may thereupon declare the franchise forfeited and may exclude the grantee from the further use of said streets and said territory thereunder. The grantee shall thereupon and immediately surrender all right in and to the same, and the franchise shall be deemed and shall remain null and void and of no effect.

T. Eminent Domain. The grantor or any municipal corporation now existing or hereafter formed shall have the right at any time after five (5) years from the taking effect of the ordinance granting the franchise, to acquire the works, property and rights of the grantee, or any portion thereof, constructed, acquired or operated under the franchise upon making reasonable compensation therefor.

U. Bond. The franchise shall be granted upon the further condition that the grantee shall at all times during the life of the franchise keep on file with the Council a bond running to said city in the penal sum of one thousand dollars ($1,000.00), with at least two (2) good and sufficient sureties, to be approved by the Council, conditioned that said bidder shall well and truly observe, fulfill and perform each and every term and condition of the franchise, and that in case of any breach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recovered from the principal and sureties upon said bond. If said bond be not so filed, the award of the franchise will be set aside, and any money paid therefor will be forfeited. In the event that said bond after it has been so filed shall, at any time during the life of the franchise, become insufficient, the grantee of the franchise, by accepting the terms and conditions thereof, agrees to renew said bond with good and sufficient sureties within ten (10) days after written notice so to do from the Council.

V. Water Pipe Lines. All franchises for the laying, constructing, operating and maintaining of water pipe lines shall be granted subject to the following terms and conditions in addition to those provided under the preceding section of this chapter.

W. Depth. Every pipe line laid or maintained under the franchise shall be laid not less than two (2) feet underground, and unless the Council shall otherwise direct, shall be laid along the sides of the streets and shall be within fifteen (15) feet from the property line in all streets sixty (60) feet or less in width and within five (5) feet of the curb line in all other streets.

X. Connections. The grantee shall have the right, during said period, subject to the terms hereof, to make connections with all property adjoining said streets or any of them, and to furnish and distribute water through said pipes and pipe lines to all the territory adjacent to said pipelines for domestic, irrigation and all other proper and necessary uses, and to collect rents, tolls and charges for the water so furnished said territory.

Y. Electricity. Any franchise for the laying, constructing, erecting and maintaining of pole lines or wires, or poles or wires for the transmission of electricity for light, heat or power shall be granted subject to the following general terms and conditions in addition to those provided in the sections of this chapter establishing rules and regulations.

Z. Franchise Rights. The grantee shall have the right during the period for which the franchise is granted to erect, lay, construct, maintain and operate, poles, towers, cross arms, conduits, cables, wires and other applications for the purpose of transmitting and distributing electric energy to be used for lighting, heating and power purposes; provided that no part of said system or the appliances or the attachments thereof shall be so located as to interfere with the use of the street for traveling.

AA. Equipment—Quality and Location. All poles, towers, cross arms, conduits, cables, wires and other appliances shall be of modern type and of the best quality, and all work done in the construction thereof shall be done in a good and workmanlike manner, and that no wire extending along any street shall be placed at a distance of less than twenty (20) feet from the surface of said street; and no wire extending across any street shall be placed at a distance less than twenty-five (25) feet above the surface thereof; that all wires shall be properly insulated and protected by guard wires wherever the Council of said city shall deem it necessary; that all poles to be erected and maintained under the franchise shall be straight and of good material, at least ten (10) inches in diameter and twenty (20) feet in height, and as much higher as may be necessary to maintain the wires at the height above specified, and shall be erected, located and maintained in conformity with any instructions that may be given by the Council in regard thereto not in conflict with paramount authority; that all poles shall be erected at distances of not less than one hundred (100) feet apart, except where it may be necessary to place them closer together at cross roads or turns or angles in any street or on account of any great roughness in the surface of the street; that no poles shall be placed more than one foot from the line of the property abutting upon any road; that every conduit shall be placed at least two (2) feet below the surface of the street and that no conduit, pole, wire, anchor or stay shall be so located, constructed or maintained as to be an obstruction to any highway, street, alley, lane or other public place.

(Prior code §§ 7600—7626)