HomeMy WebLinkAboutMINUTES - 09081992 - 1.61 C' •
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 8, 1992
SUBJECT: Amendment to Pipeline Franchise Ordinance No. 1827
(4500-6G5209)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT the attached Pipeline Franchise Ordinance which amends Ordinance No. 1827 (enacted
on July 28, 1964).
II. Financial Impact:
This action will result in $24,000 additional revenue for the General Fund and increase future
franchise revenues.
III. Reasons for Recommendations and Background:
The adoption of this Ordinance will bring the county's franchising provisions into conformance
with revisions in State law regarding public utility pipelines. Once enacted, the County will be
able to franchise pipelines operated by Santa Fe Pacific Pipeline Partners, L.P.. This Ordinance
adds new provisions relating to procedures for granting franchises, the administration of
franchises, and applications for franchises.
IV. Consequences of Negative Action:
The County will be unable to authorize a franchise for Santa Fe Pacific Pipeline Partners, L.P.
and the $24,000 administrative fee and increased franchise revenues will not be realized.
Continued on Attachment: SIGNATURE: `^
_ RECOMMENDATION OF COUNTY ADMINISTRATOR G
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON SEp 8 1992 , APPROVED AS RECOMMENDED OTHER
INTRODUCED and fixed September 15, 1992 for adoption.
VOTE
OF SUPERVISORS
I/_ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy Y
PK:drg an action taken and entered on the minutes of the
c:pipeord9.bo Board of SuperttpI he d down.
ATTESTED: �Jtt yy((
Orig. Div: Public Works (Administration) PHIL BATCHELOR,Clerk of the Board
Contact: Paul Kunkel : of Supervisors and County Administrator
Attachment
cc: County Administrator
County Counsel BY 'Deputy
Auditor/Controller
PW Accounting
Fees
ORDINANCE NO. 92-
(Pipeline Franchises in County Highways)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. SUMMARY. This ordinance further amends Ordinance No.
1827 (enacted July 28, 1964) by revising the rates payable for
r pipeline franchises. It also adds new provisions relating to
a
procedures for granting franchises, the administration of
} franchises, and applications for franchises. Ordinance No. 1827
has previously been amended by Ordinance No. 79-50 (enacted April
10, 1979) .
SECTION II. Section 4 of Section II of Ordinance No. 1827 is
amended to read:
"SECTION 4. Fee.
" (a) On each March 1 during the term of this franchise, a
payment by the Grantee shall accrue and be paid to the County for
the street space then required for franchise property at the rate
of fifty cents (500) per cubic foot, as adjusted pursuant to
subsection (b) . For purposes of this subsection, the street space
required for a pipeline or conduit together with protective
covering, pipe connections, cathodic protection facilities, pipe
casings and other minor appurtenances shall be taken as equivalent
to the volume occupied by a cylinder of equal length having a
diameter one inch (111) greater than the nominal internal diameter
of the pipe or conduit but in no case with an equivalent cylinder
diameter less than six inches (611) , and the payment rate therefor
shall be computed to the nearest tenth of a cent per lineal foot of
pipe.
" (b) The annual payment accruing to the County, computed in
accordance with subsection (a) , shall be multiplied by the Consumer
Price Index for the area, as published by the United States
Department of Labor, Bureau of Labor Statistics, or successor
agency, for the month of September immediately preceding the month
in which payment is due and payable, and divided by the Consumer
Price Index for April 1979. Under no circumstances shall the
multiplying factor be less than one.
" (c) The rates set forth in Public Utilities Code section
6231. 5, as amended from time to time, shall apply to qualified
public utility pipelines for industrial gas or oil or products
thereof. However, should Public Utilities Code section 6231.5 be
ORDINANCE NO. 92-
I
repealed or otherwise cease to be effective, these pipelines shall
immediately be subject to the rates set forth in subsection (a) ."
SECTION III. New Section 13 is added to Section II of Ordinance
No. 1827 to read:
z.
.. "SECTION 13. Procedure for Granting Franchise. In granting
a franchise hereunder, the County, in its discretion, may utilize
a the procedures of the Broughton Act (Pub. Util. Code, S 6001 and
following) , the Franchise Act of 1937 (Pub. Util. Code, S 6201 and
following) , or any other act governing the issuance of franchises
x in County highways."
SECTION IV. New Section 14 is added to Section II of Ordinance No.
1827 to read:
"SECTION 14. Administration. The Public Works Department
shall be responsible for administering all franchises granted
hereunder. Such administrative duties shall include the processing
of franchise applications, the verification of franchise
acceptances, the issuance of necessary encroachment and drainage
permits, the collection and verification of franchise fee payments,
and the maintenance of accurate maps and records documenting the
type and location of franchise property. "
SECTION V. New Section 15 is added to Section II of Ordinance No.
1827 to read:
"SECTION 15. Franchise Application. Each application for
franchise shall be submitted in writing, in such format as the
Public Works Department may require, and shall be accompanied by an
application fee sufficient to cover the estimated cost of
processing the application, including actual County staff time and
any necessary publication fees, and such maps and documentation as
the Public Works Department may require. At a minimum, each
application shall specify the number, diameter and type of the
pipeline(s) to be installed, the substance(s) to be transported
through the pipeline(s) , and the location(s) of the franchise
property. "
SECTION VI. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage and, except for Section IV, shall apply only to
those franchises granted on or after the effective date. Within 15
days after passage this ordinance shall be published once with the
names of supervisors voting for and against it in the Contra Costa
Times, a newspaper published in this County.
ORDINANCE NO. 92-
-2-
PASSED on , 1992, by the following vote:
AYES:
NOES:
ABSENT:
i. ABSTAIN:
S
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
T
4
Y
By: Chair, Board of Supervisors
Deputy
ORDINANCE NO. 92-
-3-