ORDINANCE NO. 26-1767
AN ORDINANCE OF THE CITY OF NORWALK, GRANTING A
PROPRIETARY PIPELINE FRANCHISE TO HERAEUS PRECIOUS
METALS NORTH AMERICA LLC
WHEREAS, the City of Norwalk, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the California Public Utilities Code (CPUC) §6231.5 and the Norwalk Municipal Code (NMC) §13.20 (Pipeline Franchises) requires any person, firm, or corporation utilizing public streets for the conveyance of oil, gasoline, petroleum, wet gas, hydrocarbon substance, water, wastewater, mud, steam, or other products to have a valid franchise with the City; and
WHEREAS, pursuant to §6231.5, subdivision (e) of the Public Utilities Code, the annual franchise fee may be in an amount agreed to by the franchises for a nonpublic utility pipeline and a municipality; and
WHEREAS, as written, NMC §13.20.310, subdivision (c) does grant the City the flexibility to negotiate the annual franchise fee with an applicant of a nonpublic utility pipeline; and
THE CITY COUNCIL OF THE CITY OF NORWALK DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council finds and declares that the foregoing recitals are true and correct and incorporates said recitals fully into this Ordinance as substantive findings.
Section 2. The City Council hereby grants a franchise to Heraeus Precious Metals North America LLC (“Heraeus”) for a term of 15 years from the effective date of this Ordinance, to lay or construct from time to time, and to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, transportation of waste water, together with all manholes, valves, appurtenances and services conduits, cathodic protection devices, wires, cables and other appurtenances necessary for the exercise of the Franchisee’s business, in, under, along or across those streets within the City designated in a resolution adopted and amended by City Council from time to time.
Section 3.This franchise is granted upon the terms and conditions contained in Chapter 20 of Title 13 of the NMC.
Section 4.To the extent not contrary to Applicable Law, as defined in Chapter 20 of Title 13 of the NMC, City Council may from time to time amend this ordinance or Ordinance No. 26-1767 Page 2 of 2
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Title 20 of Title 13 and such amendments shall apply to the Franchisee to the extent such amendments are of general application to waste water pipeline franchises in the City.
Section 5. Environmental. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to “common sense” exception set forth in §15061(b)(3) of the California Code of Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 6.Severability. If any section, clause or phrase of this Ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid.
Section 7.Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED, AND ADOPTED this 3rd day of March 2026. ______________________________
JENNIFER PEREZ
MAYOR
ATTEST:
______________________________
THERESA DEVOY, CMC
CITY CLERK