Article III

As consideration for the franchise granted, the franchisee shall pay to the City in lawful money of the United States the following:

• A. Public Utility Not Transmitting Oil or Products Thereof. The franchisee of any franchise awarded to a public utility not transmitting oil or products thereof, as consideration for such franchise, shall annually pay to the City in lawful money of the United States, within 60 days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, two percent of the gross annual receipts of the franchisee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of applicant derived from the sale within the limits of the municipality of the utility service for which the franchise is awarded; or such other amounts as are provided in Section6231 of the Public Utilities Code of the State of California. The City reserves the right to change its fees at five year intervals from the effective date of the ordinance granting the franchise, if following a public hearing, such action is not in conflict with the law of the State of California.

• B. Public Utility Transmitting Oil or Products Thereof. The franchisee of any franchise awarded to a public utility transmitting oil or products thereof, as consideration for such franchise, shall, within 60 days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, annually pay to the City in lawful money of the United States, a fee in the following amounts:

==> picture [401 x 288] intentionally omitted <==

----- Start of picture text -----
Pipelines with an Internal Diameter of Base Rate Per Lineal Foot
0-4 $0.088
6 0.132
8 0.176
10 0.220
12 0.264
14 0.308
16 0.352
18 0.396
20 0.440
22 0.484
24 0.528
26 0.572
28 0.616
30 0.660
----- End of picture text -----

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.310

§ 13.20.310

For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a 12 inch-diameter pipe as the diameter of the unlisted pipe is to 12 inches.

The amount of the fee or charge provided for in this paragraph shall be multiplied by the Consumer Price Index, all Urban Consumers for the Los Angeles-Anaheim-Riverside Area for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index, All Urban Consumers for the Los Angeles-Anaheim, Riverside Area for June 30, 1989 (1982-84 = 100.0).

• C. Non-Public Utility Franchises. The franchisee of any franchise awarded to other than a public utility, as further consideration for such franchise including the extension, renewal, or continuation of a previously granted franchise, shall pay to the City in lawful money of the United States the following fees:

1. In the case of an initial grant of franchise, or franchises which extend, renew, or continue previously granted franchises, a base granting fee of $7,500 for pipelines with a total length of one-quarter mile or more or $750 for pipelines with a total length of less than one-quarter mile shall be paid within 30 days after the City Council adopts the ordinance codified in this section and prior to signing the written acceptance of the franchise pursuant to Section 13.20.060. If at any time during the first five years following the grant of a franchise, additional pipeline is added which will result in a total length of pipeline of one-quarter mile or more, the seven thousand five hundred dollar ($7,500.00) granting fee shall be required at the same time the footage is added.

   2. A base annual fee shall be paid within 60 days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise. The base annual fee shall be in an amount agreed to by the franchisee and the City. The base annual fee shall be paid no later than 75 days following the end of the calendar year and a penalty at the rate of 10% per month or fraction thereof beyond the payment date shall be charged, but in no event shall said penalty exceed 50%.

   3. The City reserves the right to adjust the base fees established hereunder at any time after the effective date of the ordinance codified in this section, but the base fees applicable to any one franchise may only be changed five times during the life of that particular franchise.

• D. Base Construction Charges. The holder of the franchise shall pay at the time of installation, relocation, or replacement of any pipeline or other facility covered by the franchise, a base construction charge of $2,350 for each one-half mile of pipeline or fractional part thereof installed, replaced or relocated on major streets and $1,550 per one-half mile or fractional part thereof, on minor streets. The City reserves the right to change the base fees established hereunder at any time after the effective date of the ordinance, but the base fees applicable to any one franchise may only be changed five times during the life of that particular franchise.

• E. Adjustments.

  1. The amount of each base fee specified in subsections C and D of this section shall be adjusted at the time payment is due by the percentage change in the Consumer Price Index, all Urban Consumers for the Los Angeles-Anaheim-Riverside area (1982-84 =

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City of Norwalk, CA § 13.20.310

NORWALK CODE

§ 13.20.320

100), for the period January 1, 1997 to the date which is 60 days prior to the due date of the fee.

2. In no event shall any fee be charged which is less than the base fee amount established by subsections C and D of this section.

3. The indices specified in subsections A and (E)(1), of this section, are calculated and published by the United States Department of Labor, Bureau of Labor Statistics. If the Bureau discontinues the calculation or publication of the Consumer Price Index, all Urban Consumers for the Los Angeles-Anaheim-Riverside area (1982-84 = 100), and no transposition table is available to convert to another index, then the amount of each annual adjustment in base fees shall be computed by using a comparable governmental index.

• F. Publication and Administrative Issuance Costs. The franchisee shall pay to the City within 30 days after receiving a statement therefor, all administrative and other costs incurred by the City in processing the application for a franchise, including, but not limited to, the preparation of any reports, statements or studies pursuant to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) and any similar Federal statute, or any successor statute, and for any and all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise.

• (Ord. 06-1574 § 1; Ord. 21-1722 § 2; Ord. 22-1729 § 1)

The franchisee shall keep and preserve for a period of five years subsequent to the date of the most recent franchise fee determination all the records necessary to determine the amount of such franchise fee.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.330

§ 13.20.360

Article IV Construction

Pipelines and all other facilities shall be constructed and maintained in a good workerlike manner in conformity with applicable law.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

New installation or replacement of pipelines and all other facilities necessary for the installation, operation, maintenance, and safety of pipelines and conduits shall be laid and maintained pursuant to applicable law. All such installations or replacements shall be reviewed by the City Engineer as to the most desirable location in the streets of the City and his or her decision shall be final and binding on the franchisee subject to appeal as provided in this chapter. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Where the provisions of any applicable law, which shall be in force at the time, require the issuance of an excavation, encroachment or other type of permit, the franchisee shall not commence any excavation or encroachment work under the franchise until it shall have obtained such permits, except in cases of emergency affecting public health, safety or welfare or the preservation of life or property, in which case the franchisee shall apply for such permits not later than the next business day. The franchisee's application for a permit under applicable law shall show the length and proposed location of the pipeline and/or other facility intended to be installed, and such other facts as the department may require. The franchisee shall pay any and all permit inspection fees to the department. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The work of constructing, laying, replacing, maintaining, repairing or removing all pipelines and other facilities authorized under the provisions of this chapter in, over, under, along or across any street shall be conducted to minimize hindrance to the use of the street for purposes of travel, and as soon as such work is completed, all portions of the street which have been excavated or otherwise damaged thereby shall promptly and in a workerlike manner be repaired, replaced or restored and placed in as good condition as the same as before the commencement of such work. For streets that have been rehabilitated within five years prior to the work the City shall require the resurfacing, or other treatment, of the entire width of the street or streets as directed by the City Engineer. For those streets that have not been rehabilitated by the City within five years prior to the work the restoration shall be in full compliance with the City of Norwalk excavation requirements. All restoration, repair, or replacement work shall be done to the satisfaction of the Community Development Department at the expense of the franchisee in accordance with all applicable law.

In the event that the franchisee shall fail or neglect to make such highway repair, replacement, or restoration work, then 10 days after notice therefor has been given franchisee by the City Engineer, the City may repair, replace or restore the highway at the expense of franchisee. The franchisee shall pay to the City the cost of performing such work. The amount so chargeable

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City of Norwalk, CA

NORWALK CODE

§ 13.20.360

§ 13.20.410

shall be the direct cost of such work plus the current rate of overhead being charged by the City for reimbursable work.

(Ord. 06-1574 § 1; Ord. 21-1722 § 2)

• A. In the event that the franchisee fails to perform the work within the time specified in the permit, the City may require the franchisee to pay to the City $500 per day as liquidated damages for each day construction extends beyond the time specified in the permit. This provision shall not apply should the franchisee establish to the reasonable satisfaction of the City Engineer that the franchisee was prevented from performing by reason of the adverse effects of an act of God, war, riot, civil commotion, strikes, fire, flood, earthquake, extreme weather, or other similar cause beyond the reasonable control of franchisee. In such case, the required date for performance shall be extended for a period equal to the delay caused by such adverse effects, unless otherwise agreed. Such extension of time shall be documented in writing by the City Engineer.

• B. Whenever the franchisee fails to complete any work required by the terms and conditions of the franchise, and the permits issued thereunder, within the time limits required thereby, the City may complete or cause to be completed the work, to the extent permitted by and in compliance with applicable law, at the expense of the franchisee. The franchisee agrees to pay to the City the cost of performing such work. The amount so chargeable to franchisee shall be the reasonable direct cost of said work plus the current rate of overhead being charged by the City for reimbursable work.

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

Upon the completion of the construction of any pipelines or other facilities constructed pursuant to the franchise, the franchisee shall submit a statement to the City Engineer, identifying the permit or permits issued by the department, the total length of pipeline, pipeline material, diameter of pipeline, the construction of which was authorized under such permit or permits, the total length of pipeline or other facility actually laid, and as-built drawings. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee will provide at its sole cost such shoring or other support as shall be reasonably required to support, maintain, and protect franchisee's facility in connection with any storm drain or sewer constructed by the County of Los Angeles, Los Angels County Flood Control District or Los Angeles County Sanitation District or in connection with any facility constructed by City, or by any successor agency of any of these agencies. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

Within 90 days following the date in which any facilities have been laid, removed or abandoned under the franchise, the franchisee shall file a map or maps with the department showing the location, depth, and size of the facilities so laid, removed or abandoned. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.20.410

§ 13.20.430

The franchisee shall have the right to construct, maintain and repair such traps, manholes, conduits, valves, appliances, attachments and other facilities as may be necessary or convenient for the proper maintenance and operation of the pipelines under said franchise, and the facilities shall be kept flush with the surface of the street and so located as to conform to applicable law, including any ordinance, rule or regulation of the City, or of any permit issued by the department in regard thereto and shall not interfere with the use of the street for travel. The franchisee shall have the right, subject to such ordinances, rules or regulations as are now or may hereafter be in force, to make all necessary excavations in said streets for the construction, maintenance and repair of the facilities; provided, however, that the franchisee shall first obtain an excavation permit from the department for doing any such work. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

The franchisee shall obtain an excavation permit from the department to perform repair work. In the event of a condition that could cause a threat to public health or safety and requires emergency repair work, the franchisee shall proceed with the repairs and notify the department as soon as possible, not later that the next business day. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

If, in the sole discretion of the City Engineer, subject to appeal to the City Council pursuant to this chapter, the franchisee's facilities conflict in any way with the construction, relocation or repair of any City facility or storm drain or sewer owned by the County of Los Angeles, Los Angeles County Flood Control District or Los Angeles County Sanitation District, or any successor agency of any of these entities, the franchisee shall relocate its facility to the reasonably nearest alternative location or other location mutually agreeable to the City and the franchisee necessary to accommodate the relocation or repair of the storm drain, sewer or City facility, either permanently or temporarily, as is determined by the City Engineer to be required within the time required by the City Engineer. Such relocation shall be accomplished at the franchisee's sole expense. If the franchisee fails to relocate its facility within the required time, or to pave, surface, grade repave, resurface or regrade, the City, to the extent permitted by and in compliance with applicable law, may cause the work to be done and shall keep an itemized account of the entire cost thereof, and the franchisee shall reimburse the City or other public entity for such cost within 30 days after presentation to the franchisee of an itemized account of such costs. The franchisee shall hold harmless and indemnify the City, its officers and employees and other public agency, if any, from any liability which may arise or be claimed to arise from the moving, cutting, or alteration of any of the franchisee's facilities, or the turning on or off of water, oil, or other liquid, gas, or electricity required to be accomplished by City or any other public agency as a result of the franchisee's failure to relocate the facility by the date established by the City or other public agency. The franchisee shall also be liable for any consequential damages incurred by the City or other public agency arising from the franchisee's failure to timely complete the work required by this chapter. (Ord. 06-1574 § 1; Ord. 21-1722 § 2)

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City of Norwalk, CA

PUBLIC SERVICES

§ 13.24.010

§ 13.24.040