As consideration for the franchise granted, the franchisee shall pay to the city in lawful money of the United States the following:
A. Public utility not transmitting oil or products thereof. The franchisee of any franchise awarded to a public utility not transmitting oil or products thereof, as consideration for such franchise, shall annually pay to the city in lawful money of the United States, within sixty (60) days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, two percent (2%) 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 (1%) of the gross annual receipts of applicant derived from the sale within the limits of the municipality of the utility service for which the franchise is awarded; or such other amounts as are provided in § 6231 of the Cal. Pub. Util. Code. The city reserves the right to change its fees at five (5) year intervals from the effective date of the ordinance granting the franchise, if following a public hearing, such action is not in conflict with the law of the State of California.
B. Public utility transmitting oil or products thereof.
1. The franchisee of any franchise awarded to a public utility transmitting oil or products thereof, as consideration for such franchise, shall, within sixty (60) days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, annually pay to the city in lawful money of the United States, a fee in the following amounts:
Pipelines with an Internal Diameter of | Base Rate per Lineal Foot |
Pipelines with an Internal Diameter of | Base Rate per Lineal Foot |
0 - 4 inches | $0.088 |
6 | $0.132 |
8 | $0.176 |
10 | $0.220 |
12 | $0.264 |
14 | $0.308 |
16 | $0.352 |
18 | $0.396 |
20 | $0.440 |
22 | $0.484 |
24 | $0.528 |
26 | $0.572 |
28 | $0.616 |
30 | $0.660 |
2. For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a twelve (12)-inch-diameter pipe as the diameter of the unlisted pipe is to twelve (12) inches.
The amount of the fee or charge provided for in this subparagraph B.2. shall be multiplied by the Consumer Price Index, all Urban Consumers for the Orange-Anaheim-Riverside Area for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index, All Urban Consumers for the Orange-Anaheim, Riverside Area for June 30, 1989, (1982-84=100.0.).
C. Non-public utility franchises. The franchisee of any franchise awarded to other than a public utility, as further consideration for such franchise including the extension, renewal, or continuation of a previously granted franchise, shall pay to the city in lawful money of the United States the following fees:
1. In the case of an initial grant of franchise, or franchises which extend, renew, or continue previously granted franchises, a base granting fee of seven thousand five hundred dollars ($7,500) for pipelines with a total length of one-quarter (1/4) mile or more or three thousand dollars ($3,000) for pipelines with a total length of less than one-quarter (1/4) mile shall be paid within thirty (30) days after the Council adopts the ordinance and prior to signing the written acceptance of the franchise pursuant to §8.42.060. If at any time during the first five (5) years following the grant of a franchise, additional pipeline is added which will result in a total length of pipeline of one-quarter (1/4) mile or more, an additional four thousand five hundred ($4,500) granting fee shall be required at the same time the footage is added.
2. a. A base annual fee shall be paid within sixty (60) days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, according to the franchise payment period as defined in this chapter, in the following amounts:
Pipelines with an Internal Diameter of | Amount per Linear Foot |
Pipelines with an Internal Diameter of | Amount per Linear Foot |
0 - 4 inches | $0.232 |
6 inches | $0.352 |
8 inches | $0.471 |
10 inches | $0.584 |
12 inches | $0.703 |
14 inches | $0.823 |
16 inches | $0.935 |
18 inches | $1.055 |
20 inches | $1.174 |
22 inches | $1.287 |
24 inches | $1.406 |
26 inches | $1.526 |
28 inches | $1.638 |
30 inches | $1.758 |
b. The base annual rate applicable to pipelines with an internal diameter falling between two (2) incremental size categories shall pay a rate determined by adding the price corresponding to the lower size to a figure computed by multiplying the difference between the higher and lower price times the multiplier. The multiplier will be determined by dividing the difference between the size of the pipe and the lower size category by the difference between the two (2) size categories. In determining the number of feet of pipeline upon which the annual fee will be computed, the greatest number of feet of pipeline covered by the franchise during the calendar year for which payment is due will be utilized. The base annual fee shall be paid no later than sixty (60) days following the end of the calendar year and a penalty at the rate of ten percent (10%) per month or fraction thereof beyond the payment date shall be charged, but in no event shall said penalty exceed fifty percent (50%).
3. The city reserves the right to adjust the base fees established hereunder at any time after the effective date of the ordinance, but the base fees applicable to any one franchise may only be changed five (5) times during the life of that particular franchise.
D. Base construction charges. The holder of the franchise shall pay at the time of installation, relocation, or replacement of any pipeline or other facility covered by the franchise, a base construction charge of two thousand five hundred dollars ($2,500) for each one-half (1/2) mile of pipeline or fractional part thereof installed, replaced or relocated on major streets and one thousand five hundred dollars ($1,500) per one-half (1/2) mile or fractional part thereof, on minor streets. The city reserves the right to change the base fees established hereunder at any time after the effective date of the ordinance, but the base fees applicable to any one franchise may only be changed five (5) times during the life of that particular franchise.
E. Adjustments.
1. The amount of each base fee specified in subparagraphs C. and D. of this section shall be adjusted at the time payment is due by the percentage change in the Consumer Price Index, all Urban Consumers for the Orange-Anaheim-Riverside area (1982-84 = 100), for the period January 1, 2011 to the date which is sixty (60) days prior to the due date of the fee.
2. In no event shall any fee be charged which is less than the base fee amount established by subparagraphs C. and D. of this section.
3. The indices specified in subparagraphs A. and E.1. of this section, are calculated and published by the United States Department of Labor, Bureau of Labor Statistics. If the Bureau discontinues the calculation or publication of the Consumer Price Index, all Urban Consumers for the Orange-Anaheim-Riverside area (1982-84 = 100), and no transposition table is available to convert to another index, then the amount of each annual adjustment in base fees shall be computed by using a comparable governmental index.
F. Publication and administrative issuance costs. The franchisee shall pay to the city within thirty (30) days after receiving a statement therefore, all administrative, legal and other costs incurred by the city in processing the application for a franchise, including but not limited to the preparation of any reports, statements or studies pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.) and any similar federal statute, or any successor statute, and for any and all advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise.
(Ord. 1152, passed 5-17-11)