Chapter 4.08
CONSTRUCTION
Sections:
4.08.020 New or Replacement Installations.
4.08.030 Highway Work—Conditions and Requirements.
4.08.040 Annual Completion Statement.
4.08.050 Emergency Equipment and Personnel.
4.08.070 Removal or Abandonment of Facilities—Procedures.
4.08.080 Removal or Abandonment of Facilities—Failure to Comply—Remedies.
4.08.020 New or Replacement Installations.
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 public works department. All such installations or replacements shall be reviewed by the Director as to the most desirable location in the roads or highways of the City and the Director’s decision shall be final and binding on the franchisee. (Ord. 89-28, 1/23/90)
4.08.030 Highway Work—Conditions and Requirements.
The work of constructing, laying, replacing, maintaining, repairing, abandoning or removing all pipelines and appurtenances authorized under the provisions of this Division 1 in, over, under, along or across any highway shall be done to the satisfaction of the Director at the expense of the franchisee and in accordance with the terms and conditions of this Code. (Ord. 89-28, 1/23/90)
4.08.040 Annual Completion Statement.
The franchisee shall submit an annual summary to the City identifying the permit or permits issued during the preceding calendar year, identifying the total length of pipeline, conduit or other facility, the construction of which was authorized under such permit or permits, the nominal internal diameter or diagonal of the pipeline or conduit, and the total length of pipeline, conduit or other facility. (Ord. 89-28, 1/23/90)
4.08.050 Emergency Equipment and Personnel.
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. 89-28, 1/23/90)
4.08.070 Removal or Abandonment of Facilities—Procedures.
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 Director for authority 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, their location, and shall describe with reasonable accuracy the physical condition of such facilities. The Director 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.
B. Within 30 days of notice of the Director’s determination, the franchisee shall apply for a permit from the City 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. 89-28, 1/23/90)
4.08.080 Removal or Abandonment of Facilities—Failure to Comply—Remedies.
A. If any facilities to be abandoned “In place” subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the Director 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, and within such time as may be prescribed by the Director, 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.
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 above-mentioned authority, the Director shall make the determination as to whether the facilities shall be abandoned in place or removed. The Director shall then notify the franchisee of the determination. The franchisee shall thereafter comply with the provisions of subsections B and C of this Section 4.08.070. (Ord. 89-28, 1/23/90)