Chapter 16.52 of this Division 3A shall be known as, and may be cited as, “the pipeline franchise ordinance, Part 2.” (Ord. 11696 § 2 (part)--Part 2 Art. 1 § 1000, 1978.)

A. As an alternative to the procedure provided in Chapter 16.52 of this Division 3A, for the granting of franchises, the county may grant franchises to lay or construct from time to time and for the period covered by the franchise, to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, transportation or distribution of oil, petroleum, gas, gasoline and other hydrocarbon substances, wet gas, chemicals, mud, steam, water, wastewater, and other liquid substances, for any purpose, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines, including poles, conduits, wires, cables and other appurtenances and equipment for telegraph or telephone lines, or both, necessary or convenient for the franchisee’s business, in, under, along or across any and all highways, except as otherwise provided in the ordinance granting the franchise, upon and subject to the rules, regulations, restrictions and terms and conditions of this Chapter 16.54, in addition to such of the terms and conditions of Chapters 16.36, 16.38 and 16.40 of Division 3 of this title as are incorporated by reference in this Chapter 16.54, and in addition to those rules, regulations, restrictions, terms and conditions set forth in the ordinance granting the franchise, pursuant to the terms and conditions of Division 3, Chapter 2 of the Public Utilities Code of the state of California, known as the Franchise Act of 1937. B. When a franchise is granted under Chapter 16.54 of this Division 3A, the provisions thereof shall exclusively govern the granting of such franchise. (Ord. 11696 § 2 (part)--Part 2 Art. 1 § 1001, 1978.)

The terms and conditions of the following provisions of Chapter 16.52 are incorporated herein by reference and made a part hereof:
Part 1 Section 16.52.020, subsections A--F and H--Q; Section 16.52.030, 16.52.040, 16.52.060 through 16.52.140; Sections 16.52.160 through 16.52.190.
Part 2 Sections 16.52.210 through 16.52.230.
Part 3 Sections 16.52.240 through 16.52.310.
Part 4 Sections 16.52.320 and 16.52.330.
Part 5 Sections 16.52.350 through 16.52.370.
Part 6 Sections 16.52.400 through 16.52.440.
(Ord. 12240 § 2, 1980: Ord. 11696 § 2 (part)--Part 2 Art. 1 § 1002, 1978.)

Franchisee agrees that the franchise shall never be given any value before any court or other public authority in any proceeding of any character in excess of the cost to franchisee of the necessary publication and any other sum or sums paid by it to the county for the franchise. (Ord. 11696 § 2 (part)--Part 2 Art. 1 § 1003, 1978.)

As consideration for the franchise granted, the franchisee shall pay to the county, in lawful money of the United States, the following:
A. Granting Fee.
1. In the case of an initial grant of franchise, or on franchises which extend, renew or continue in existence previously granted franchises, the franchisee shall pay to the county a granting fee of $5,000.00 within 30 days after the board adopts the ordinance granting the franchise;
2. Provided, however, that if the pipe or pipeline to be laid or constructed pursuant to the franchise is one-fourth mile or less in length, or the franchise extends, renews or continues a previously granted franchise to lay or construct a pipe or pipeline one-fourth mile or less in length, the franchisee shall pay to the county a granting fee of $500.00 within 30 days after the board adopts the ordinance granting the franchise.
B. Annual Payment. Except as provided in subsection C of this section, the franchisee, as further consideration for the franchise hereby granted, shall pay to the county, in lawful money of the United States, two percent of the gross annual receipts of the franchisee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the franchisee derived from the sale within the franchise area of the commodity or service for which the franchise is awarded. Such percentage shall be paid annually during the life of the franchise, including the year of granting the franchise.
C. Annual Payment For Oil Pipelines.
1. The franchisee of any franchise awarded to a nonpublic utility for oil or products thereof, as further consideration for the franchise hereby granted, shall pay to the county, in lawful money of the United States, a “base annual fee” computed as follows:
a. Pipe of eight inches or less in nominal internal diameter, the annual fee shall be $.12 per linear foot;
b. Pipe greater than eight inches in nominal internal diameter, the annual fee shall be $.12 per linear foot; for the first 8 inches of nominal internal diameter, plus $.02 per nominal internal-diameter inch for each inch or fraction thereof over 8 inches.
2. The amount of each annual payment of the base annual fee shall be revised every year from the effective date of the ordinance granting the franchise, at the time of payment, in accordance with the following formula:
a. The “Wholesale ‘Producer Price’ Index (1967 H 100)” “All Commodities,” established by the United States Bureau of Labor Statistics, Department of Labor, as it stands on the date the franchise is granted, shall be taken as the “base index” upon which the franchise fee is computed.
b. If said Index for the last calendar month ending prior to the month in which payment to the county is due shall stand at other than said “base index,” then the rate of payment to the county shall vary from said “base annual fee” in direct proportion as said Index has increased from the “base index,” as hereinabove defined; provided, however, that in no event shall the amount of the annual payment be less than the “base annual fee” as set forth herein.
c. If said Bureau shall revise the said Index, the parties hereto shall accept the method of revision or conversion recommended by said Bureau.
d. If said Bureau shall discontinue the preparation of the said Index using prices prevailing in the year 1967 as a base of 100, and if no transposition table prepared by said Bureau is available applicable to said year of 1967, then the amount of each annual payment shall be computed by reference to such other price index as may be chosen by county and the county shall be the sole judge of comparability of successive indices.
D. Said “base annual fee” shall be paid annually during the life of the franchise, including the year of granting the franchise.
E. Initial Construction Charges and Other Fees. In addition to the foregoing annual payments, the franchisee shall:
1. Pay county road department within 60 days after the end of each calendar year, an initial construction charge calculated at a rate of $100.00 per mile or fraction thereof for all new mains laid during the preceding year, during the life of the franchise.
2. Pay county auditor-controller, during the life of the franchise, an annual fee of $25.00 per pole-mile or portion thereof, and $25.00 per mile or portion thereof of underground conduit for telephone or telegraph lines maintained under the franchise. Said fee shall be due within 60 days after the end of each calendar year. (Ord. 11696 § 2 (part)--Part 2 Art. 2 § 2001, 1978.)

The franchisee shall:
A. File with the county auditor-controller within three months after the expiration of the calendar year, or fractional calendar year following the date of the granting of the franchise and within three months after the expiration of each calendar year thereafter two copies of a report verified by the oath of the franchisee, or by the oath of a duly authorized representative of the franchisee showing for the immediately preceding franchise period the length of lines in highways the nominal internal diameter of such lines, the rate per foot per year, and the total amount due the county;
B. File with the road commissioner a report in duplicate, as provided by subsection B of Section 16.54.080. (Ord. 11696 § 2 (part)--Part 2 Art. 4 § 4001, 1978.)

A. The franchisee, during the life of the franchise, shall make annual payments to the county as provided in subsections C and D of Section 16.54.050 within 15 days after the filing of the report required by subsection A of Section 16.54.060.
B. In the event the amount paid is incorrect, in the judgment of the board, it may order the payment of such additional sum or sums as it may find thereunder; and if not paid, or if paid under protest, the same may be determined by suit. (Ord. 11696 § 2 (part)--Part 2 Art. 4 § 4002, 1978.)

The franchisee shall:
A.1. File with the county auditor-controller, within three months after the expiration of the calendar year or fractional calendar year following the date of the granting of the franchise, and within three months after the expiration of each calendar year thereafter, two copies of a report verified by the oath of the franchisee or by the oath of a duly authorized representative of the franchisee showing the total gross receipts of the franchisee for the immediately preceding franchise payment period, received or accrued in connection with the furnishing of the commodity or service arising from the use or operation of the franchise, together with such additional data as is necessary in the opinion of the county auditor-controller to calculate or verify the calculation of the annual payment required by subsection B of Section 16.54.050 (or the pro rata amount thereof for the first period if the first period is less than one year);
2. On this report, the franchisee shall also show any change in franchise footage since the last franchise report period, segregating such footage as to new mains laid, old mains removed, old mains abandoned in place, and the footage of mains in territory annexed or incorporated since the last franchise;
B. File with the road commissioner within the same franchise report period as provided in subsection A, supra, a report in duplicate, showing the permit number of each permit obtained for the installation of new mains during the immediately preceding franchise report period, together with the length and size of said mains. (Ord. 11696 § 2 (part)--Part 2 Art. 3 § 3001, 1978.)

A. The franchisee during the life of the franchise shall make annual payments to the county, as provided in subsections B and D of Section 16.54.050, within 15 days after the filing of the report required by subsection A of Section 16.54.080.
B. In the event the amount paid is incorrect, in the judgment of the board, it may order the payment of such additional sum or sums as it may find thereunder, and if not paid, or if paid under protest, the share may be determined by suit. (Ord. 11696 § 2 (part)--Part 2 Art. 3 § 3002, 1978.)