Chapter 13.12
CONSTRUCTION
Sections:
13.12.010 Construction requirements.
13.12.020 New installation or replacement.
13.12.030 Work on and restoration of highways.
13.12.040 Completion statement.
13.12.050 Relocation of pipelines and appurtenances.
13.12.060 Emergency equipment.
13.12.070 Removal or abandonment of facilities.
13.12.010 Construction requirements.
Pipelines and appurtenances shall be constructed and maintained in a good workmanlike manner, in conformity with the terms and conditions of any ordinance, rule or regulation, now, or as hereafter amended, adopted or prescribed by the city. All pipes laid under the franchise shall be of first-class material.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.020 New installation or replacement.
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 of public works as to the most desirable location in the roads or highways of the city, and his decision shall be final and binding on the franchisee.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.030 Work on and restoration of highways.
The work of constructing, laying, replacing, maintaining, repairing or removing all pipelines and appurtenances authorized under the provisions of this title in, over, under, along or across any highway shall be done to the satisfaction of the director of public works at the expense of the franchisee.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.040 Completion statement.
Upon the completion of the construction of any pipelines or appurtenances constructed pursuant to the franchise, the franchisee shall submit a statement to the finance director of the city and to the public works department, identifying the permit or permits issued by the public works department, the total length of pipeline, the construction of which was authorized under such permit or permits, the nominal internal diameter of the pipeline, and the total length of pipeline or appurtenance actually laid.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.050 Relocation of pipelines and appurtenances.
(a) The city reserves the right to change the grade, to change the width or to alter or change the location of any highway over which the franchise is granted. If any of the pipelines, facilities or appurtenances heretofore or hereafter constructed, installed or maintained by the franchisee pursuant to the franchise on, along, under, over, in, upon or across any highway are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the highway, or any work or improvement upon the highway, the franchisee shall relocate permanently or temporarily any such facility, at no expense to the city or public entity upon receipt of a written request from the director of public works to do so, and shall commence such work on or before the date specified in such written request which date shall be not less than thirty days from receipt of such written request. The franchisee shall thereafter diligently prosecute such work to completion; provided, however, if such highway is subsequently constituted as state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.
(b) The city reserves the right for itself, and all public entities which are now or may later be established to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description in a governmental but not proprietary capacity within the highways over which the franchise is granted. If the city or other public entity finds that the location or relocation of such facilities or improvements conflicts with the facilities laid, constructed or maintained under the franchise, whether such facilities were laid before of after the facilities of the city or such public entity were laid, the franchisee of such franchise shall at no expense to the city, or public entity, on or before the date specified in a written request from the director of public works, which date shall be not less than thirty days after the receipt of such notice, and request to do so, commence work to change the location either permanently or temporarily of all facilities so conflicting with such improvements to a permanent or temporary location in the highways to be approved by the director of public works; and thereafter diligently prosecute such work to completion. If such highway is subsequently constituted a state highway, while it remains a state highway, the rights of the state of California shall be as provided in Section 680 of the Streets and Highways Code of the state of California.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.060 Emergency equipment.
At all times during the term of this franchise, the franchisee shall maintain or arrange for, on a twenty-four-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. 1349 § 1 (part), 9-12-77)
13.12.070 Removal or abandonment of facilities.
(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 thirty days thereafter, make written application to the director of public works for authority either to: (1) abandon all or a portion of such facilities in place; or (2) remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned, their location with reference to city highways, and shall describe with reasonable accuracy the physical condition of such facilities. The director of public works 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. He shall then notify the franchisee of his determinations.
(b) Within thirty days after receipt of such notice, the franchisee shall apply for a permit from the public works department to abandon or remove the facility.
(c) The franchisee shall, within ninety days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.
(Ord. 1349 § 1 (part), 9-12-77)
13.12.080 Failure to comply.
(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 of public works may make additional appropriate orders, including an order that the franchisee shall remove any or all of such facilities. The franchisee shall comply with such additional orders.
(b) In the event that the franchisee fails to comply with the terms and conditions of abandonment or removal as may be required by Chapters 13.02 through 13.18 and within such time as may be prescribed by the director of public works, 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 within thirty days thereafter fails or refuses to make written application for the abovementioned authority, the director of public works shall make the determination as to whether the facilities shall be abandoned in place or removed. The director of public works shall then notify the franchisee of his determinations. The franchisee shall thereafter comply with the provisions of subsections (b) and (c) of Section 13.12.070.
(Ord. 1349 § 1 (part), 9-12-77)