Woodside Municipal Code § 37.06 Pipelines and mains

Except as otherwise provided in Chapter 113 of this Code, any person or corporation, except those granted special privileges by the laws of the state, desiring to make use of any street or highway within the Town for the purpose of erecting or installing thereby or thereon any facility shall be required to obtain a franchise authorizing such use, unless such franchise has been previously obtained.

(1975 Code, § 7-3.01) (Ord. 1957-32, effective - -57; Am. Ord. 1968-207, effective - -68)

Every franchise or privilege whatsoever granted by the Council shall be granted subject to the laws regulating the activity of the applicant therefor and the laws granting the franchises or privileges by the Council, and the grantee of any such franchise or privilege shall have the right as against all persons to make use of the streets and highways of the Town as provided in the franchise or privilege granted by the Council to the full extent of the lawful authority of the Town to permit such use.

(1975 Code, § 7-3.02) (Ord. 1957-32, effective - -57; Am. Ord. 1968-207, effective - -68)

The grantee of any franchise granted by the Council shall not sell, transfer, or assign any franchise, or any of the rights or privileges granted thereby, except by a duly executed instrument in writing, and no such sale, transfer, or assignment may be made without the consent of the Council thereto, except that no provision of any franchise shall require any such consent, and no consent shall be required, for any transfer by the grantee in trust or by way of mortgage or hypothecation covering all and any part of the property of the grantee, which transfer, mortgage, or hypothecation shall be for the purpose of securing an indebtedness of the grantee or for the purpose of renewing, extending, refunding, retiring, paying, or cancelling, in whole or in part, any such indebtedness at any time or from time to time.

(1975 Code, § 7-3.03) (Ord. 1957-32, effective - -57; Am. Ord. 1968-207, effective - -68)

Before any use, operation, or installation under any franchise shall be permitted, notification shall be given to the Town Engineer.

(1975 Code, § 7-3.04) (Ord. 1957-32, effective - -57; Am. Ord. 2000-506, effective 12-14-00)

The grantee of any franchise shall indemnify, defend and hold harmless the Town, its officers, employees and agents from all damages or liability, claims or litigation, from the use, operation, or possession of the franchise and from the use, operation, or maintenance of the facilities erected, constructed, or maintained thereunder.

(1975 Code, § 7-3.05) (Ord. 1957-32, effective - -57; Am. Ord. 2000-506, effective 12-14-00 )

(A) Depth. Every new pipeline and main pursuant to any franchise shall be laid and maintained at such depth as will not cause injuries or damages to, or interfere with, the use of the surface of the street, highway, or public way under which such pipeline or main shall have been laid or maintained for public travel or otherwise.

(B) Reports. The first annual payment provided for in such franchise shall be made by submitting two copies of a report, verified by the oath of a duly authorized representative of the grantee, setting forth the length of the pipelines in the public highways and the total amount due insofar as such information is known to the grantee. In the event new pipelines have been laid in public highways subsequent to the previous report, there shall be included with the report of the grantee a statement showing that a notice was presented to the Town Engineer or Street Superintendent, as set forth in Section 37.04, the date the pipe was laid, the feet specified in the notice, and the feet laid. A complete computation of the license fee shall also be submitted with such report.

(C) Inspections. The Town Treasurer, or his/her deputies or agents, shall have the right to inspect the maps, records, and physical properties of the grantee necessary to determine the number, location, extent, and the period of maintenance of such pipelines. Such officers may, upon reasonable notice being given, inspect at the offices of the grantee reports or maps which reasonably affect any franchise, and the grantee shall promptly supply the same. In the event the grantee refuses any such inspection request, the grantee or the Town Treasurer shall have the right of appeal to the Council, and the decision of the Council as to the reasonableness of such request thus obtained shall be final and binding upon the grantee and the Town.

(1975 Code, § 7-3.07) (Ord. 1957-32, effective - -57; Am. Ord. 1975-43, effective - -75)