HomeMy WebLinkAboutORDINANCES - 09081992 - 92-64 1 . 61 � V
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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
pipeline franchises. It also adds new provisions relating to
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 (504) 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-
repealed or otherwise cease to be effective, these pipelines shall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:
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a.
;.. "SECTION 13. Procedure for Granting Franchise. In granting
a franchise hereunder, the County, in its discretion, may utilize
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
in County highways. "
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SECTION IV. New Section 14 is added to Section II of Ordinance No.
i
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:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk
g of the Board of Supervisors and
r County Administrator
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By: Chair, Board of Supervisors
Deputy
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ORDINANCE NO. 92-
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