13.20 — PIPELINE FRANCHISES

Every franchise hereafter granted by the City to lay or construct from time to time, and to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, transportation or distribution of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam, and other liquid and gaseous substances which are not more hazardous than the aforementioned substances, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of such pipes or pipelines including conduits, cathodic protection devices, wires, cables and other appurtenances necessary or convenient for the exercise of the franchisee's business, in, under, along or across any and all streets within the City of Norwalk, except as otherwise provided in the ordinance granting the franchise, shall be granted upon and be subject to the rules, regulations, restrictions and terms and conditions of this chapter, in addition to those rules, regulations, restrictions, terms and conditions set forth in the ordinance granting the franchise.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

This chapter shall apply to all pipelines as defined in subdivision (a) of Section 51010.5 of the California Government Code and including those pipelines excluded from the definition under paragraphs (1), (3), and (6) of subdivision (a) of Section 51010.5. This chapter shall not authorize the granting of a franchise for the transportation of a hazardous liquid substance in a gaseous state, or the use of an existing pipeline for the transmission of such a substance, unless the ordinance granting the franchise authorizes transportation of such substances. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Nothing in this chapter shall be construed to permit the franchisee to construct new poles or other facilities above ground.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.

"Applicable law" means all present or future Federal, State, municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to the franchisee or any of the franchisee's facilities or activities.

"City Clerk" means the City Clerk of the City of Norwalk.

"City Engineer" means the City Engineer of the City of Norwalk.

"City property" means the property or facilities owned by the City of Norwalk or property owned

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.040

§ 13.20.040

by any of the City's affiliated agencies including, but not limited to, the Civic Center Authority, Norwalk Housing Authority, Norwalk Municipal Water System and Norwalk Redevelopment Agency.

"Claims" means all claims, losses, liabilities, causes of action, demands, damages, suits, judgments, debts, costs, contribution or indemnity, expenses (including, but not limited to, attorneys' fees and costs) fines, penalties, judgments, orders, injunctions and liens of every kind and nature, including, but not limited to, claims relating to any environmental condition or any release of any contaminant, claims for personal or bodily injury, wrongful death, injury to real or personal property, natural resources damages, and including claims based on active or passive negligence, gross negligence, contractual, statutory or strict liability, or otherwise, and any claims seeking judicial or administrative proceedings by any governmental agency, whether or not any such claim is ultimately defeated.

"Code" means the municipal code of the City of Norwalk.

"Confidential information" means business plans, investments, trade secrets, personnel data and assessments of the franchisee's competitive position and other records and information not reasonably needed by City to apply or enforce this chapter. "Confidential information" does not include orders, reports, or any other documents concerning any facility that reflect, describe or relate to: (1) any governmental enforcement activity; (2) any violation of any local, State or Federal environmental or safety related law or regulation; or (3) any environmental condition or release.

"Contaminant" means any material, substance or constituent originating from a franchisee's facilities or activities, whether solid, liquid, semisolid, or gaseous in nature, including any hazardous substance or waste, hazardous material, chemical compound, petroleum (or fraction thereof), or any hydrocarbon substance, pollutant or contaminant, as those terms are defined by any Federal, State or local law, rule, regulation or order.

"Council" means City Council of the City of Norwalk.

"Day" means calendar day unless otherwise provided.

"Department" means Community Development Department of the City of Norwalk.

"Environmental condition" means the presence or evidence of the likely presence of any contaminant originating from a franchisee's facility(ies) or from franchisee's activities, or a release, in surface water, ground water, drinking water supply, soil, land surface, subsurface strata or the air.

"Facility" or "facilities" means all property owned or used by the franchisee in connection with the franchise, including, but not limited to, pipelines, pump stations, and service connections with the franchisee's facilities, whether installed by the franchisee as named and originally granted under this franchise or its predecessors and assignors, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any street pursuant to any right or privilege granted by the franchise.

"Franchisee" means the person to whom the franchise is granted, and any person to whom it is lawfully assigned.

"Franchise payment period" means the time period between the effective date of the ordinance and December 31st of the same year, and each calendar year thereafter, during the life of the franchise.

"Franchise report period" in all cases means the time period between the effective date of the

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City of Norwalk, CA

NORWALK CODE

§ 13.20.040

§ 13.20.070

ordinance through and including December 31st of that year, and each calendar year thereafter, during the life of the franchise.

"Highway Permit Ordinance" means Division 1 of Title 16 of the Los Angeles County Code, as adopted by reference pursuant to the Norwalk Municipal Code, or any successor ordinance or code adopted by the City of Norwalk.

"Major street" means any street or portion thereof designated as a major "secondary highway" in the Circulation Element of the Norwalk General Plan.

"Minor street" means any street or portion thereof other than one designated as a "secondary highway" in the Circulation Element of the Norwalk General Plan.

"Ordinance" means an ordinance granting a franchise to a franchisee unless some other ordinance is mentioned.

"Person" means any individual, person, firm, partnership or corporation.

"Release" means any "release" (as that term is defined in Section 101(22) of CERCLA [42 U.S.C. Section 9601(22)]), or "disposal" (as that term is defined in Section 1004(3) of RCRA [42 U.S.C. Section 6903(3)]), or any discharge, active or passive migration, deposit, storage, burial, emplacement, seepage, filtration or disposal of a contaminant into the environment originating from any facility or from franchisee's activities.

(as that term is defined in Section 101(22) of CERCLA [42 U.S.C. Section 9601(22)]), or "disposal" (as that term is defined in Section 1004(3) of RCRA [42 U.S.C. Section 6903(3)]), or any discharge, active or passive migration, deposit, storage, burial, emplacement, seepage, filtration or disposal of a contaminant into the environment originating from any facility or from franchisee's activities.

"Remedial work" means all "remedial action," as that term is defined in Section 101(24) of CERCLA [42 U.S.C. Section 9601], and all other actions as are necessary or required to remediate a release of any contaminant or an environmental condition to a condition which would allow unimpaired and unrestricted use and development and would comply with applicable law, and including, but not limited to, all actions necessary to "respond" to, "remove," or "remedy," as those terms are defined in Section 101(23), 101(24) and 101(25) of CERCLA [42 U.S.C. Section 9601], a release of a contaminant or environmental condition.

"Remediation costs" means all costs and expenses, including the City's current rate of overhead, incurred by the City in performing and monitoring any remedial work.

"Shall" is mandatory, "may" is permissive.

"Street" means any street, road, highway, alley, lane or court or other public easement, which now exists or may hereafter exist in the City of Norwalk and in which the City has the authority to grant a franchise.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Unless the ordinance provides otherwise, the term of each franchise shall be 15 years. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee shall, within 30 days after the passage of the ordinance, file with the City Clerk of the City of Norwalk a written acceptance of the terms and conditions of such ordinance. The franchise shall be null and void if the written acceptance is not filed within the prescribed time. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.070

§ 13.20.120

The granting of a franchise shall not prevent the City from granting any identical or similar franchise to any person other than the franchisee.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

If, after granting the franchise to other than a public utility, the franchisee qualifies before the Public Utilities Commission of the State of California as a common carrier, the franchisee shall then have no right to continue to operate hereunder after the date of such qualification, 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. 06-1574 § 1; Ord. 21-1722 § 2)

The franchise is granted and shall be held and enjoyed upon each and every condition contained in this chapter and shall be strictly construed against the franchisee. The franchise shall grant only those rights that are stated in plain and unambiguous terms. Failure or refusal to comply with any of the conditions of the franchise, including the failure to comply with all applicable law, shall constitute grounds for the suspension or forfeiture of the franchise. The City Council, prior to any suspension or forfeiture of the franchise, shall give to the franchisee not less than 30 days' notice in writing of any default thereunder. If the franchisee does not, within the noticed period, begin the work of compliance or after such beginning does not prosecute the work with due diligence to completion, the City Council may hold a hearing, at which the franchisee shall have the right to appear and be heard, and thereupon the City Council may determine, in its sole discretion, whether such conditions are material and essential to the franchise and whether the franchisee is in default with respect thereto and may declare the franchise suspended or forfeited. Notice of the hearing shall be given to the franchisee by certified mail not less than 10 days before the hearing.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee of any franchise awarded to a public utility, by accepting the terms and conditions thereof, stipulates and agrees that in any proceeding for the purpose of adjusting the rates of the franchisee, no greater value shall be placed upon the franchise than the actual cash paid therefor by the franchisee.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

If any street or portion thereof becomes a State highway, except for such rights as by law remain with the City, the State shall succeed to all rights reserved to the City by the franchise. This chapter does not apply to any change of location in a State highway for a temporary purpose. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

NORWALK CODE

§ 13.20.120

§ 13.20.150

No franchise granted by the City shall in any way impair or affect the right of the City or successor in authority to acquire the property of the franchisee by purchase or through the exercise of the right of eminent domain, and nothing contained in such franchise shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's or the franchisee's rights of eminent domain before any court or other public authority in any proceeding of any character.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee shall not directly or indirectly sell, transfer, assign or lease the franchise or any part thereof, or allow another person or entity to operate any pipeline or related facility subject to the franchise, except with the consent of the City Council, which consent shall not be unreasonably withheld. Such sale, transfer, assignment, lease or agreement shall be made only by filing with the City Council a copy of the duly executed instrument of such sale, transfer, assignment, lease, or agreement and a written request for the consent of the City Council to such sale, transfer, assignment, lease or agreement. If such duly executed instrument and such written request is not filed with the City Council before the expiration of 60 days after the effective date of such sale, transfer, assignment or lease, then, upon the expiration of the 60 days, the franchise shall be subject to forfeiture and the City Council may, without notice, by ordinance, repeal the franchise. As a condition to the granting of consent to such sale, transfer, assignment, lease or agreement, the City Council may impose such reasonable additional terms and conditions upon the franchise and upon the franchisee or assignee, which the City Council may deem to be in the public interest. Such additional terms and conditions shall be expressed by ordinance. The franchisee shall have no right to sell, transfer, assign or lease the franchise, or any part thereof, except in the manner aforesaid. This chapter applies to any assignment, whether by operation of law, by a voluntary act of the franchisee or otherwise, and includes a transfer of more than 50% of the voting stock of any corporate grantee or the change in identity of any general partner of a franchisee which is a partnership, whether to a third party or to any subsidiary, parent, or affiliated agency of franchisee.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

All facilities erected, constructed, laid, operated or maintained by the franchisee in the streets, whether installed by the franchisee or not, prior to the effective date of the ordinance, except those maintained under prior right other than franchise, shall become subject to all the terms and conditions of such ordinance upon such effective date unless the ordinance provided otherwise. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Any right or power conferred, or duty imposed upon any officer, employee or department of the City shall be subject to transfer to any other officer, employee, or department of the City. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

If any part of this chapter or the application thereof to any person or circumstances is for any

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.150

§ 13.20.200

reason held invalid by a court of competent jurisdiction, the validity of the remainder of the chapter or the application of such provision to such person or other persons or circumstances shall not be affected.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

A franchisee may not install or operate any facilities in any public street, highway, road, alley or other public place without first obtaining the prior approval of the City Council by resolution. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Notwithstanding any other provision herein, in the event of release of a contaminant by a franchisee or from any facility of franchisee or the discovery of an environmental condition caused by franchisee or any facility of franchisee, the franchisee shall immediately conduct such remedial work and pay all remediation costs, at its sole expense, as is necessary to fully mitigate and remediate the same in accordance with all applicable law, and as directed by the City except to the extent that City direction conflicts with applicable law. In the event the franchisee fails to perform necessary remediation work, City may commence a nuisance abatement action or take any other legal action the City deems appropriate under the circumstances. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Until such time as (1) the franchise terminates; and (2) the franchisee removes all of its facilities; and (3) completes any necessary remedial work, franchisee will comply with all applicable law. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Upon request, franchisee will transmit to City copies of all notices, orders or statements, other than those constituting confidential information from any governmental agency concerning any facility or any operations conducted by franchisee in the City pursuant to the franchise. Upon request, franchisee shall send to the City copies of requested documents as outlined above concerning any facility or any operations conducted by franchisee pursuant to the franchise sent to any other governmental agency concurrently with sending them to the other agency and shall send to City documents received by franchisee unless providing documents to City would conflict with applicable law. Franchisee shall inform City in writing if it has withheld any document as confidential information or pursuant to any applicable law. This statement shall provide the reason justifying the franchisee to withhold the information. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Upon request, the franchisee shall permit the City or its duly authorized representative to examine any or all of franchisee's facilities, together with any appurtenant property of the franchisee located within the City, and to examine and transcribe any and all books, accounts, papers, maps, and other records, other than confidential information, kept or maintained by the franchisee or under its control which concern the operations, affairs, transactions or property of the franchisee with respect thereto. Such records shall be made available to the City at a

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City of Norwalk, CA

NORWALK CODE

§ 13.20.200

§ 13.20.210

location in the County of Los Angeles. Franchisee shall inform City in writing if it has withheld any document as confidential information and the reason franchisee believes the information constitutes confidential information.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

• A. At the expiration, revocation or termination of the franchise or upon 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 City Engineer for authority, as determined by the franchisee, either: (1) to abandon all or a portion of such facilities in place; or (2) to remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned or removed by reference to the map or maps required by Section 13.20.400 of this chapter, and shall also describe with reasonable accuracy the physical condition of such facilities.

• B. The City Engineer shall determine whether the 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 safely effected. The City Engineer shall then notify the franchisee of his or her determination. The franchisee shall pay to the City the cost of all tests required to determine whether the facilities shall be abandoned or removed.

• C. Within 30 days after receipt of such notice, the franchisee shall apply for a permit from the department to abandon or remove all or a portion of the facilities and shall pay all fees and costs related thereto. Such permit shall contain such conditions of abandonment or removal as may be prescribed by the City Engineer and these conditions shall be fully complied with to the satisfaction of the City Engineer. Until so abandoned or removed, fees applicable to the franchise shall continue to accrue. Any abandonment shall be conditioned, in part, upon franchisee's agreement to comply with the provisions of Sections 13.20.230, 13.20.240, 13.20.250 and 13.20.430 of this chapter.

• D. The franchisee shall, within 90 days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.

• E. If the franchisee applies for authority to abandon all or a portion of its facilities in place, and the City Engineer determines that abandonment in place of all or part of the facilities may be effected without detriment to the public interest, the franchisee shall pay to the City a fee which shall be computed as follows:

==> picture [401 x 79] intentionally omitted <==

----- Start of picture text -----
Pipelines with an Internal Diameter of Amount Per Lineal Foot
0-12 inches $15.00
14-18 inches 22.00
20-30 inches 28.00
----- End of picture text -----

• F. Facilities abandoned in place shall be subject to the condition that if, at any time after the effective date of the abandonment, the City Engineer determines that the facility may interfere with any public project, franchisee or its successor in interest must remove the facility at its expense when requested to do so by the City or pay City for the cost of such

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.210

§ 13.20.220

removal. If the franchisee removes the facility or any part thereof, then the City shall refund to the franchisee its reasonable costs of removal, not to exceed the abandonment fee, or proportionate portion thereof if not all of the facilities are removed, that the franchisee paid pursuant to subsection E of this section. If the City removes the facility, the franchisee shall promptly reimburse the City for its costs of removal, as specified in subsection H of this section.

• G. If any facilities to be abandoned "in place" subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the City Engineer 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.

• H. 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 chapter and within such time as may be prescribed by the City Engineer, then the City may remove or cause to be removed such facilities at the franchisee's expense. The franchisee shall pay to the City the cost of such work plus the current rate of overhead being charged by the City for reimbursable work, less the abandonment fee, or portion thereof if less than all of the facilities are removed, that the franchisee paid pursuant to subsection E of this section.

• I. 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 60 days thereafter, fail or refuse to make written application for abandonment in place or removal, the City Council shall make the determination as to whether the facilities shall be abandoned in place or removed. The City Engineer shall then notify the franchisee of the City Council's determination. The franchisee shall thereafter comply with the provisions of subsections C, D and E of this section, if the City Council approves abandonment of the facilities. Thereafter, the franchisee shall continue to be subject to all provisions of this section.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Any decision made by the City Engineer pursuant to authority delegated in this chapter may be appealed by any interested person to the City Council. For purposes of seeking judicial review, the decision of the City Council shall be final when notice of the decision is mailed by first-class mail to the franchisee.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.230

§ 13.20.260

Article II

Indemnification and Insurance

• A. The franchisee shall indemnify to the fullest extent permitted by law, and defend and hold the City, and its Council members, employees, remediation consultants, environmental consultants, contractors, agents and attorneys free and harmless from and against all claims arising from or in any way related to the franchise or activities conducted by or on behalf of franchisee.

• B. The City and the other parties indemnified herein shall have the right to approve the attorneys selected by franchisee to represent them. In the event franchisee does not provide attorneys acceptable to the indemnified parties, the indemnified parties may select attorneys of their choice, so long as the attorney's rates do not exceed the greater of the rates the indemnified parties pay for other legal services, or the amounts the franchisee pays for its legal services in the matter.

• C. The indemnity provided herein shall survive the expiration or other termination of the franchise.

• (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Franchisee shall indemnify any property owner from a reduction or diminution in value in real property occasioned by an environmental condition or release found to be the result of franchisee's use and operations of its facilities and the exercising of the rights granted under this franchise.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee shall indemnify any person for personal injuries caused by or resulting from any of franchisee's activities.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

On or before commencement of any franchise operations, the franchisee shall obtain or provide satisfactory evidence of having policies of comprehensive general liability, general contractor's pollution legal liability and worker's compensation insurance from companies admitted to transact business in the State of California by the Insurance Commission of California, and with a Best's rating of A:VIII or better.

• A. The policy of liability insurance shall:

  1. Be issued to franchisee and name the City, and its officers, agents, and employees, as additional insureds;

  2. Defend and indemnify the insureds against all liability for personal injury, bodily injury, wrongful death and property damage arising from activities conducted pursuant to the franchise by providing coverage therefor, including but not limited to,

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.260

§ 13.20.260

coverage for acts or omissions of franchisee and the agents, servants and employees thereof, committed in the conduct of franchise operations;

3. Provide a combined single limit liability insurance in the amount of six million dollars ($6,000,000.00);

4. Be noncancelable without 30 days' prior written notice thereof provided to the City Clerk.

• B. The franchisee's pollution legal liability policy shall:

  1. Be issued to the franchisee and name the City, and its officers, agents, and employees, as additional insureds;

  2. Defend and indemnify the insureds against all liability for personal injury, bodily injury, wrongful death and property damage (including, but not limited to, damages and costs relating to site remediation) caused by pollution conditions, including, but not limited to, any release or environmental condition, arising from operations performed by or on behalf of the franchisee;

  3. Provide a combined single limit in the amount of six million dollars ($6,000,000.00);

  4. Provide coverage on an occurrence basis, as opposed to a claims made basis;

  5. Provide coverage for damage to the owned premises of any insured;

  6. Be noncancelable without 30 days' prior written notice thereof provided to the City Clerk.

• C. The policy of workers compensation insurance shall:

  1. Have been previously approved as to substance and form by the California Insurance Commissioner;

  2. Cover all employees of franchisee who in the course and scope of their employment are to conduct or do work pursuant to the franchise operations;

  3. Provide for every benefit and payment presently or hereinafter conferred by Division 4 of the Labor Code of the State of California upon an injured employee, including the vocational rehabilitation and death benefits;

  4. Be noncancelable without 30 days' prior written notice thereof provided directed to the City Clerk.

• D. The franchisee shall file with the City Clerk certified copies of such policies of insurance for each of the required policies executed by the company issuing the policy, certifying that the policy is in force and providing the following information with respect to the policy:

  1. The policy number;

  2. The date upon which the policy will become effective and the date upon which it will expire;

  3. The names of the named insured and any additional insured;

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City of Norwalk, CA § 13.20.260

NORWALK CODE

§ 13.20.280

4. The subject of the insurance;

5. The type of coverage provided by the insurance;

6. The amount of limit of coverage provided by the insurance;

7. A description of all endorsements that form a part of the policy.

• E. As an alternative to commercial insurance from franchisee, the City Council may approve, in its sole discretion, a program of self-insurance or self-insured retention, meeting the following requirements:

  1. The City shall be provided at least the same defense of suits and payments of claims as would be provided by the first dollar of commercial insurance.

  2. A formal declaration to be self-insured for the type and amount of coverage indicated in this ordinance. This can be in the form of a corporate resolution or a certified statement from an authorized representative of the franchisee.

The exact wording of the program of self-insurance shall be approved by the City Attorney. The City Council may, in its sole discretion and upon 60 days' written notice to the franchisee, rescind its approval of the program of self-insurance. In such case, the franchisee shall provide the insurance otherwise required by this section before expiration of the 60 day notice period.

• F. The franchisee shall not commence operations until franchisee has complied with the aforementioned provisions of this chapter. The franchisee shall immediately cease operations if the Franchisee fails to maintain the policies in full force and effect.

• (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

On or before the effective date of the ordinance, the franchisee shall file and thereafter at all times during the life of the franchise keep on file with the City Clerk a corporate surety bond approved by the City Attorney running to the City in the penal sum of $100,000, with a surety licensed to do business in California and approved by the City Clerk. The bond shall provide that franchisee shall well and truly observe, fulfill and perform each condition of the franchise and that in case of any breach of condition of the bond the whole amount of the penal sum shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties of the bond. If the bond is not filed prior to the effective date of the ordinance, the award of the franchise may be set aside and the ordinance may be repealed at any time prior to the filing of the bond and any money paid in consideration for the award of franchise shall be deemed forfeited. In the event that the bond, after it has been so filed, shall at any time during the life of the franchise become insufficient, in the sole opinion of the City Council, the franchisee shall renew said bond within 20 days after written notice to do so is provided by the City Clerk. At such time, the bond shall be increased by a rate equal to adjustments to the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area, or successor index thereto, since the effective date of the franchise or the most recent increase to the bond.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.280

§ 13.20.300

The franchisee shall be liable to the City for damage to City property, including, but not limited to, any street, and any other cost incurred by the City caused by franchisee, any of franchisee's facilities or by any person acting on franchisee's behalf. The franchisee shall be held to a standard of strict liability to City for any activity conducted pursuant to or in connection with the franchise. The franchisee's strict liability shall extend to any consequential damages incurred by the City, and to any costs, including remediation costs, incurred by the City for control or abatement of any environmental condition, release of contaminants, remedial work or any fire or explosion resulting from any activity conducted by or on behalf of franchisee pursuant to the franchise.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee shall pay all attorneys' fees incurred by City to enforce any term of the franchise, including, but not limited to, any requirement of this chapter. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Any damage done directly or indirectly to property of the City of Norwalk or other public agency by franchisee in exercising any right, power, or privilege under a franchise, or in performing any duty under or pursuant to the provisions of this chapter, shall be promptly repaired by franchisee at its sole cost and expense to as good a condition as it was before such damage was incurred, and to the satisfaction of the City Engineer. If the franchisee, within 10 days after receipt of written notice from the City, instructing it to repair such damage, shall fail to commence to comply with such instructions, or, thereafter, shall fail to diligently prosecute such work to completion, the City immediately may do work necessary to carry out said instructions at the cost and expense of the franchisee, which cost and expense, by the acceptance of the franchise, the franchisee agrees to pay upon demand. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the City without notice may repair such damage and the franchisee shall pay all costs incurred.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.310

§ 13.20.310