§ 16.52.020. Definitions.

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.

A.

"Board" means board of supervisors of the county of Los Angeles. If any territory covered by the franchise comes within the limits of any incorporated city, then as to such incorporated area, "board" means the legislative body of such city.

B.

"County" means the county of Los Angeles, state of California.

C.

"Director" means the chief administrative officer, county of Los Angeles.

D.

"Facilities" or "appurtenances" means all property of the franchisee, including, but not limited to, pipelines, pump stations, and service connections with the franchisee's facilities, whether installed by the franchisee or not, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any highway pursuant to any right or privilege granted by the franchise.

E.

"Department" means the chief administrative office, county of Los Angeles.

F.

"Franchisee" or "grantee" means the person to whom the franchise is granted, and any person to whom it lawfully may be assigned.

G.

"Franchise payment period" is:

1.

If the franchise grants to a public utility or to a mutual water company a right not theretofore in existence, and is for a purpose involving the furnishing of any service or commodity to the public or any portion thereof, the sixth year after the effective date of the ordinance granting the franchise, or, at the option of the franchisee, any shorter period of time immediately following the expiration of five years after the effective date of said ordinance, and each year thereafter, during the life of the franchise;

2.

In all other cases, including franchises granted to public utilities or mutual water companies for a purpose not involving the furnishing of any service or commodity to the public or any portion thereof, the first year after the effective date of the ordinance granting the franchise, or, at the option of the franchisee, any shorter period of time immediately following the effective date of the said ordinance, and each year thereafter, during the life of the franchise.

H.

"Franchise report period" in all cases means the first year after the effective date of the ordinance granting the franchise, or, at the option of the franchisee, any shorter period of time immediately following the date of said ordinance, and each year thereafter, during the life of the franchise.

I.

"Highway" means any public highway, freeway (except a state freeway), street, road, alley, lane or court or other public easement, and above and below the same, which now exists or which may hereafter exist in any unincorporated territory of the county and in which the county has the authority to grant a franchise.

J.

"Main" means any pipeline or conduit laid in, along or approximately parallel with any highway for the collection, transmission or distribution of any substance or commodity.

K.

"Person" means any individual, person, firm, partnership or corporation.

L.

"Public entity" means any district or other political subdivision of which the board is ex officio the governing body, or the members of the board are ex officio members of the governing body.

M.

"Road commissioner" means road commissioner of the county of Los Angeles. If any highway becomes a state highway, or if any territory covered by the franchise comes within the limits of any incorporated city, then as to such state highway or such incorporated area, "road commissioner" means the commission, board or officer of the state, or of such city, respectively, having powers and duties analogous or similar in such jurisdiction, respectively, to the powers and duties of the road commissioner in the unincorporated territory of the county.

N.

"Road department" means the road department of the county of Los Angeles.

O.

"Section" means a section of the ordinance codified in this chapter and Chapter 16.54, unless some other ordinance or statute is mentioned.

P.

"Service connection" means the wire, pipes or conduits connecting the building or place where the service or commodity supplied by the franchisee is used or delivered, or is made available for use or delivery, with the supply line or supply main in the highway or with such supply line or supply main on private property.

Q.

"Ordinance No. 3597" means county of Los Angeles Ordinance No. 3597, entitled "Highway Permit Ordinance," adopted May 28, 1940, and as subsequently amended, codified in Division 1 of this title, or the provisions of whatever superseding or supplementary ordinance which is in force at that time.

(Ord. 95-0052 § 62, 1995: Ord. 11696 § 1 (part)—Part 1 Art. 1 § 104, 1978.)