For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number.
APPLICABLE LAW. All present and future federal, state, municipal, or local laws, rules,
regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to the franchisee or any of the franchisee’s facilities or activities.
CITY CLERK. The City Clerk of the City of Brea.
CITY ENGINEER. The City Engineer of the City of Brea.
CITY PROPERTY. The property or facilities owned by the City of Brea or property owned by any of the city’s affiliated agencies including but not limited to the Brea Redevelopment Agency.
CLAIMS. All claims, losses, liabilities, causes of action, demands, damages, suits, judgments, debts, costs, contribution or indemnity, expenses (including but not limited to attorneys’ fees and costs) fines, penalties, judgments, orders, injunctions and liens of every kind and nature, including, but not limited to, claims relating to any environmental condition or any release of any contaminant, claims for personal or bodily injury, wrongful death, injury to real or personal property, natural resources damages, and including claims based on active or passive negligence, gross negligence, contractual, statutory or strict liability, or otherwise, and any claims seeking judicial or administrative proceedings by any governmental agency, whether or not any such claim is ultimately defeated.
CODE. The Municipal Code of the City of Brea.
CONFIDENTIAL INFORMATION. Business plans, investments, trade secrets, personnel data and assessments of the franchisee’s competitive position and other records and information not reasonably needed by city to apply or enforce this chapter. CONFIDENTIAL INFORMATION does not include orders, reports, or any other documents concerning any facility that reflect, describe or relate to:
(1) Any governmental enforcement activity;
(2) Any violation of any local, state or federal environmental or safety related law or regulation; or
(3) Any environmental condition or release.
CONTAMINANT. Any material, substance or constituent originating from a franchisee’s facilities or activities, whether solid, liquid, semisolid, or gaseous in nature, including any hazardous substance or waste, hazardous material, chemical compound, petroleum (or fraction thereof), or any hydrocarbon substance, pollutant or contaminant, as those terms are defined by any federal, state or local law, rule, regulation or order.
COUNCIL. City Council of the City of Brea.
DAY. Calendar day unless otherwise provided.
DEPARTMENT. Public Works Department of the City of Brea.
ENVIRONMENTAL CONDITION. The presence or evidence of the likely presence of any contaminant originating from a franchisee’s facility(ies) or from franchisee’s activities, or a release, in surface water, ground water, drinking water supply, soil, land surface, subsurface strata or the air.
FACILITY or FACILITIES. All property owned or used by the franchisee in connection with the franchise, including, but not limited to, pipelines, pump stations, and service connections with the franchisee’s facilities, whether installed by the franchisee as named and originally granted under this franchise or its predecessors and assignors, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any street pursuant to any right or privilege granted by the franchise.
FRANCHISE PAYMENT PERIOD. The time period between the effective date of the ordinance and December 31 of the same year, and each calendar year thereafter, during the life of the franchise.
FRANCHISEE. The person to whom the franchise is granted, and any person to whom it is lawfully assigned.
MAJOR STREET. Any street or portion thereof designated as a major ‘secondary highway’ in the Circulation Element of the Brea General Plan.
MINOR STREET. Any street or portion thereof other than one designated as a ‘secondary highway’ in the Circulation Element of the Brea General Plan.
ORDINANCE. An ordinance granting a franchise to a franchisee unless some other ordinance is mentioned.
PERSON. Any individual, person, firm, partnership or corporation.
RELEASE. Any ‘release’ (as that term is defined in Section 101(22) of CERCLA [42 U.S.C. Section 9601(22)]), or ‘disposal’ (as that term is defined in Section 1004(3) of RCRA [42 U.S.C. Section 6903(3)]), or any discharge, active or passive migration, deposit, storage, burial, emplacement, seepage, filtration or disposal of a contaminant into the environment originating from any facility or from franchisee’s activities.
REMEDIAL WORK. All ‘remedial action,’ as that term is defined in Section 101(24) of CERCLA [42 U.S.C. Section 9601], and all other actions as are necessary or required to remediate a release of any contaminant or an environmental condition to a condition which would allow unimpaired and unrestricted use and development and would comply with applicable law, and including but not limited to all actions necessary to ‘respond’ to, ‘remove,’ or ‘remedy,’ as those terms are defined in Section 101(23), 101(24) and 101(25) of CERCLA [42 U.S.C. Section 9601], a release of a contaminant or environmental condition.
REMEDIATION COSTS. All costs and expenses, including the city’s current rate of overhead, incurred by the city in performing and monitoring any remedial work.
SHALL is mandatory, MAY is permissive.
STREET. Any street, road, highway, alley, lane or court or other public easement, which now exists or may hereafter exist in the City of Brea and in which the city has the authority to grant a franchise.
(Ord. 1152, passed 5-17-11)