Chapter 10.6

Chapter 10.6 Construction of Pipelines

10.6.10 Purpose of this Chapter

The purpose of this Chapter is to regulate the construction of pipelines in the City of La Habra Heights.

10.6.20 General Requirements

Pipelines and appurtenances must be constructed and maintained in a good and workmanlike manner and in conformity with all applicable laws, ordinances, rules, regulations and standards. The installation or replacement of pipelines, appurtenances, and all other facilities necessary for the operation, maintenance, and safety of pipelines and conduits must be in accordance with permits issued by the Community Development Department. All proposed installations or replacements must be reviewed and approved by the Community Development Director as to their proposed location and depth. The Director’s decision will be final and binding on the franchisee.

A. Permits. Where the provisions of any ordinance, rule, or regulation require the issuance of an excavation, encroachment or similar type of permit, the franchisee may not commence any excavation or encroachment work under the franchise until it has obtained that permit from the City. Excepted from this requirement are emergencies affecting the public health, safety or welfare, or the preservation of life or property, in which case the franchisee must apply for a permit not later than the next business day after work commenced. The franchisee’s application for the permit must include a map showing the length, depth, and proposed location of the pipeline or appurtenances and such other information as the Community Development Director may require. The franchisee must pay to the Community Development Director all permit inspection fees.

B. Work on and Restoration of Streets. The work of constructing, laying, replacing, maintaining, repairing or removing those pipelines and appurtenances authorized under the provisions of this Article in, over, under, along or across any street must be conducted so as to cause the least possible interference with pedestrian and vehicular travel on the street. As soon as the work is completed, all portions of the street that have been excavated or otherwise damaged must be promptly repaired, replaced or restored and placed in substantially the condition that existed before the commencement of the work. The restoration, repair or replacement work may, as determined by the Community Development Director, require the resurfacing, slurry-sealing or other treatment of a street to a minimum of one (1) driving lane, and all work must be done to the satisfaction of the Community Development Director and at the expense of the franchisee. If a franchisee fails or neglects to undertake or complete the repair, replacement, or restoration work on any street, then ten (10) days after written notice has been given to franchisee by the Director, the City may repair, replace or restore that street at the expense of the franchisee; provided, however, that a shorter period of notice, as determined by the Director, will apply where there is an immediate threat to the public health, welfare, and safety. Franchisee must pay to the City all costs incurred in performing that work. The amount chargeable is the direct cost of that work, plus the current rate of overhead then charged by the City for reimbursable work.

C. Failure to Timely Comply. If the franchisee fails to complete any work within the time specified in a permit, the City may require the franchisee to pay to the City not more than two hundred ($200.00) dollars per day as liquidated damages for each day that construction extends beyond the time specified in the permit. If the franchisee fails to complete any work required by the terms and conditions of the franchise, or any related permits, within the required time limits, the City may complete or cause to be completed that work at the expense of the franchisee. The franchisee must pay to the City the cost of performing that work. The amount chargeable to franchisee is the direct cost of that work, plus the current rate of overhead then charged by the City for reimbursable work.

D. Completion Statement. Upon the completion of the construction of any pipelines or appurtenances authorized by the franchise, the franchisee must submit to the Community Development Director a statement that identifies the permit or permits issued by the Community Development Department and by any other permitting authorities, the total length of pipeline authorized to be constructed under the permit or permits and the total length of pipelines or appurtenances actually laid. The franchisee must also file with the Community Development Director "as built" maps.

E. Appurtenances. The franchisee has the right to construct, maintain and repair all manholes, conduits, valves, appliances, attachments and appurtenances (collectively referred to as "appurtenances") as may be necessary for the proper maintenance and operation of the pipelines. Appurtenances must conform to all ordinances, rules and regulations of the City, and to all permits issued by the Community Development Department and must not interfere with the use of the street for travel. The franchisee has the right, subject to the City’s ordinances, rules, and regulations, to make necessary excavations in the streets for the construction, maintenance and repair of those appurtenances, but the franchisee must first obtain an Encroachment Permit from the Department to undertake that work.

F. Ordinary Repair. The franchisee may excavate in the street for pipeline repair for the number of days agreed upon by the franchisee and the Community Development Department but the franchisee must first obtain an Encroachment Permit from the Department to undertake that work.

G. Relocation of Pipelines and Appurtenances. Pursuant to Section 6297 of the California Public Utilities Code, the City reserves the right to change the grade, alignment, or width of any public street, way, alley or place over which the franchise is granted, including the construction of any subway or viaduct. If any pipelines, facilities or appurtenances constructed, installed or maintained by the franchisee are located in a manner that prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvements, repair, construction, reconstruction, widening, alteration or relocation of a street, the franchisee must relocate that facility, at no expense to the City, upon receipt of a written request from the Director. The franchisee must commence that work on or before the date specified in the written request, which date may be not less than thirty (30) days from receipt of the written request. Franchisee must then diligently prosecute that work to completion. The City reserves the right for itself, and all other public entities that are now or may later be so authorized, to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description within the streets over which the franchise is granted. If the City or other public entity determines that the location or relocation of those facilities or improvements conflicts with the facilities laid, constructed, or maintained under the franchise, whether those facilities were laid before or after the facilities of the City or other public entity were laid, the franchisee must relocate those facilities or improvements, at no expense to the City or other public entity. The franchisee must, on or before the date specified in a written request from the Director, which date may not be less than thirty (30) days after receipt of the notice and request, commence work to relocate all facilities that conflict with those improvements to another location approved by the Director. Franchisee must then diligently prosecute the work to completion. If the street is later designated as a State highway, the rights of the State of California will be as provided in Section 680 of the Streets and Highways Code while it remains a State highway.

H. Breaks or Leaks. If any portion of a street is damaged by reason of breaks or leaks in any pipeline, conduit, or appurtenance constructed or maintained under the franchise, the franchisee must, at its sole expense, promptly repair that damage and put the street in substantially the condition that existed before that damage or leak, all to the satisfaction of the Community Development Department. The franchisee must obtain an Encroachment Permit from the Community Development Department to undertake that work within 24-hours or by the end of the next business day.

I. Emergency Equipment. At all times during the term of the franchise, the franchisee must maintain or arrange for an emergency telephone number on a twenty-four (24) hour basis. Adequate emergency equipment, and a properly trained emergency crew, must be available within a radius of twenty-five (25) miles from any facilities installed or maintained under the franchise. The emergency crew must be capable of shutting off the pressure and the flow of substances in those facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, fire, flood, or any other cause.

J. Removal or Abandonment of Facilities. The following requirements apply to the abandonment and/or removal of facilities owned by a franchise:

1. Upon 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 must, within the following thirty (30) days, make written application to the Community Development Director for authority, as determined by the franchisee, either to abandon all or a portion of those facilities in place or to remove all or a portion of those facilities. The application must describe the proposed facilities to be abandoned or removed by reference to the map or maps required by this Chapter and must describe with reasonable accuracy the physical condition of those facilities.

2. The Community Development Director must determine whether the abandonment or removal proposed by the franchisee may be effected without detriment to the public interest and under what conditions the proposed abandonment or removal may be safely effected. Those conditions may include, without limitation, a requirement that pipelines or mains be purged and filled with an inert gas prior to abandonment. The franchisee must be notified of the Community Development Director’s determination. The franchisee must pay to the City the cost of all tests and studies required to determine the disposition of the application for abandonment or removal.

3. Within thirty (30) days after receipt of the notice, the franchisee must apply for a permit from the Community Development Department to abandon or remove all or any portion of the facilities and must pay all applicable fees and costs. The permit must set forth any conditions of abandonment or removal that may be prescribed by the Community Development Director. Any abandonment of the facilities must be conditioned, in part, upon franchisee’s future compliance with the provisions of this Chapter.

4. Within ninety (90) days after obtaining the permit, the franchisee must commence and diligently prosecute to completion the work authorized by the permit.

5. If the franchisee applies for authority to abandon in place all or a portion of its facilities, and the Community Development Director determines that abandonment in place may be effected without detriment to the public interest, the franchisee must pay to the City a fee to be computed as follows:


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

For pipelines with an internal diameter not listed above, the amount per lineal foot will be in the same proportion to the fees for a twelve (12) inch diameter pipe as the diameter of the unlisted pipe is to twelve (12) inches.

K. Failure to Comply. If any facilities proposed to be abandoned "in place" and subject to prescribed conditions are not abandoned in accordance with those conditions, the Director may issue additional orders, including an order that the franchisee remove any or all of those facilities. The franchisee must comply with these additional orders. If the franchisee fails to comply with the terms and conditions of abandonment or removal as required by this Chapter and within the time prescribed by the Director, then the City may remove or cause to be removed those facilities at the franchisee’s expense. Failure to comply with the provisions of this Chapter shall constitute a misdemeanor. The franchisee must pay to the City the cost of that work, plus the current rate of overhead then charged by the City for reimbursable work. Upon the expiration, revocation or termination of the franchise, or after the permanent discontinuance of the use of all or a portion of its facilities, if the franchisee fails or refuses within thirty (30) days to make written application for the authority referenced above, the Director will make the determination as to whether the facilities are to be abandoned in place or removed. The Director must then notify the franchisee of that determination. The franchisee must then comply with the applicable provisions of Subsection J.

L. Abandonment "In Place" Conditions. Facilities abandoned "in place" are subject to the condition that, if at any time after the effective date of the abandonment, the Community Development Director determines that any facility interferes with a public project, the franchisee or its successor-in-interest must remove that facility at its expense when requested to do so by the City, or pay the City for the cost of that removal.