Los Angeles County Municipal Code Part 3 Construction

Pipelines and appurtenances shall be constructed and maintained in a good workmanlike manner, in conformity with the terms and conditions of Division 1 of this Title 16, or any other ordinance, rule or regulation, now, or as hereafter amended, adopted or prescribed by the county, as may be applicable to the construction and maintenance of pipelines and appurtenances. All pipes laid under the franchise shall be of first class material.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 301, 1978.)

New installations 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 road department. All such installations or replacements shall be reviewed by the road commissioner as to the most desirable location in the roads or highways of the county and his decision shall be final and binding on the franchisee.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 302, 1978.)

The work of constructing, laying, replacing, maintaining, repairing, abandoning or removing all pipelines and appurtenances authorized under the provisions of this Division 3A in, over, under, along or across any highway shall be done to the satisfaction of the road commissioner at the expense of the franchisee and in accordance with the terms and conditions of Division 1 of this title.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 303, 1978.)

The franchisee shall submit an annual summary to the auditor-controller of the county, and to the chief administrative office, identifying the permit or permits issued by the road department during the preceding calendar year, identifying the total length of pipeline, the construction of which was authorized under such permit or permits, the nominal internal diameter of the pipeline, and the total length of pipeline or appurtenances actually laid.

(Ord. 95-0052 § 63, 1995: Ord. 11696 § 1 (part)—Part 1 Art. 3 § 304, 1978.)

At all times during the term of this franchise, the franchisee shall maintain or arrange for, on a 24-hour-a-day basis adequate emergency equipment and a properly trained emergency crew within a reasonable distance from any facilities installed or maintained pursuant hereto for the purpose of shutting off the pressure and the flow of contents of such facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, fire, flood, or any other cause or nature whatsoever.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 306, 1978.)

A.

The county reserves the right to change the grade, to change the width or to alter or change the location of any highway 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 highway are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the highway, or any work or improvement upon the highway, the franchisee shall relocate permanently or temporarily any such facility at no expense to the county, city or public entity upon receipt of a written request from the road commissioner to do so, and shall commence such work on or before the date specified in such written request, which date shall be not less than 30 days from receipt of such written request. Franchisee shall thereafter diligently prosecute such work to completion; provided, however, if such highway be subsequently constituted as state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.

B.

The county reserves the right for itself, for all cities and public facilities 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 highways over which the franchise is granted. If the county or city or 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 county or such city or such public entity were laid, the franchisee of such franchise shall at no expense to the county or city, or public entity, on or before the date specified in a written request from the road commissioner, which date shall be not less than 30 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 highways to be approved by the road commissioner; and thereafter diligently prosecute such work to completion. If such highway be subsequently constituted a state highway, while it remains a state highway the rights of the state of California shall be as provided in Section 680 of the Streets and Highways Code of the state of California.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 305, 1978.)

A.

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, make written application to the road commissioner for authority either:

To abandon all or a portion of such facilities in place; or

To remove all or a portion of such facilities.

Such application shall describe the facilities desired to be abandoned, their location with reference to county highways, and shall describe with reasonable accuracy the physical condition of such facilities. The road commissioner shall determine whether any 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 effected. He shall then notify the franchisee of his determinations.

B.

Within 30 days after receipt of such notice, the franchisee shall apply for a permit from the road department to abandon or remove the facility.

C.

The franchisee shall, within 60 days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 307, 1978.)

A.

If any facilities to be abandoned "in place" subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the road commissioner 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 Division 3A, and within such time as may be prescribed by the road commissioner, then the county may remove or cause to be removed such facilities at the franchisee's expense. The franchisee shall pay to the county the cost of such work plus the current rate of overhead being charged by the county 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 road commissioner shall make the determination as to whether the facilities shall be abandoned in place or removed. The road commissioner shall then notify the franchisee of his determinations. The franchisee shall thereafter comply with the provisions subsections B and C of Section 16.52.300.

(Ord. 11696 § 1 (part)—Part 1 Art. 3 § 308, 1978.)