HomeMy Public PortalAboutOrdinance 60-150
IDINANCM Haa `5 - --
AN O F' x' INANCE OF THE CITY
GRANTING TO :AWN
W
--e
A CORPORATION, THE t' TIGHT, PRIVILEGE AND ANC :; ISE TO LAY AND USE PIPES
AND APPURTENANCE FOR TRAM S NG AND DISTRIBUTING GAS FOR ANY AND
ALL PURPOSES UNDER, ALONG, A N THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES, AS T E SAME NSW OR MAY HEREAFTER
EXIST, WITHIN CI x''AL TY.
The 02. 20.11.of the City of
1e does ordain as follows :
Eili3CTION ONE
Whenever in this ordinance the words or phrases hereinafter in this section defined are used,
they shall have the respective meaninge ra ai in the following definitions (unless, in the
given instance, the context wherein they are f ! o ,. clearly import a different meaning) :
(a) The word "Grantee" shall latzua the r• r eeetio to which the franchise contemplated in
this ordinance is granted and ito lawful euecessore or assigns ;
(b) The word "City" shall ear& t t City of..... LOT
9
a municipal corporation of the Stag of Calif a, in its present incorporated form or in any
later reorganized, consolidated or rei corpeorated rm;
(c) The word "streets" dean mean e public otreeta, ways, alleys end places as the same now
or may hereafter sexist within mid City;
(d) The word "Engineer" shall mean `net Ul ' . - ° !: tar of the City;
(e) The word "Gas" shall r'.,Qan natural or n nufsetured gas, or a mixture of natural and
manufactured gas;
(f) The phrase "Pipes and Appurtenances" shall m - a n pipe, pipeline, main, service, trap,
vent, vault; manhole, meter, a.uge, regulator, valve, conduit, appliance, attachment, appurte-
nance and any other property located or to be located in, upon, along, across, under or over the
streets of the City, and used or ue ful in transmit and distributing gas.
(g) The phrase "lay : :.nd use" Gha lJt mean to lay, coneatruct, erect, install, operate, maintain,
use, repair, replace, or remove.
SECTION TWO
That the right, privilege and franchise, subject to each and all of the terms and conditions con-
tained in this ordinance, and urrsuant to the provisions of Division 8 Chapter 2 of the Public
Utilities Code of the State of California, k rya wn as the Franchise Act of 1937, be and the same is
hereby granted to 'iOU_C4il- .0.t1,g-_ O'__CalroP,1t
, a corporation
organized and existing under and by virtue of the laws of the State of California, herein referred to
as the "Grantee ", to lay and use pipes and appurtenane rt for transmitting and distributing gas for
any and all purposes, under, along, across or upon ° :e a3treats, of the City, for an indeterminate term
or period from and after the effective date hereof, that is to say, this franchise shall endure in full
force and effect until the same shall, with the consent of the Public Utilities Commission of the State
of California, be voluntarily surrendered or abandoned by its possessor, or until the State of Cali-
fornia or some municipal or public corporation thereunto duly authorized by law shall purchase by
voluntary agreement or shall condemn and take under the power of eminent domain, all property
actually used and useful in the exercise of this franchise, and situate within the territorial limits of
the State, municipal or public corporation purchasing or condemning such property, or until this
franchise shall be forfeited for non - compliance with its terms by the possessor thereof.
SECTION TH ":EE
The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the
United States, a sum annually which shall be equivalent to two per cent (2%) of the gross annual
receipts of grantee arising from the use, operation or possession of said franchise; provided, how-
ever, that such payment shall in no event be less than one per cent (1 %) of the gross annual receipts
of the grantee derived from the sale of gas within the limits of the City under this franchise.
FORM 2464 -113
The grantee of this franchise shall file with the Clerk of the City within three (3) months after
the expiration of .:. a calendar year, or fractional Wen. year, following the date of the grant
of this franchise, ammd within thr (8) months after the expiration of ea h. and every calendar year
thereafter, a duly verified statement showing i s. detail the total gross receipts of the grantee, its
successors or assigns, during the preceding calendar year, or such fractional calendar year, from
the sale of the utility service within the City for which this franchise is granted. It shall be the duty
of the grantee to pay to the City within teen (1) days after ..e time for filing such statement,
in lawful money of the United States, the specified percentage of its gross receipts for the calendar
year, or such fractional calendar year, coverer by such :.,temaent. Any neglect, omission or refusal
by said grantee to file such verified s .:ite:ii ent, or to pay said percentage, at the times or in the man-
ner hereinbefore provided, shall be geoundk for the dec ration of a forfeiture of this franchise
and of all rights thereunder.
SIiaCTIION
F°'0
UR
This grant is made in lieu of all r er franc., : zee, rights, or privilegee owned by the grantee, or
by any successor the grantee to any rights u der franchise, for transmitting and distributing
gas withi the limits of the City, ae caid limits now os y he -RY ter exist, and the acceptance of
the franchise hereby graBled shall operate as an a d t of all such franchises, rights and
privileges within the limits of thin City, as ouch 1 i rr, its now or hereafter exist, in lieu of which
this franchise is grand.
81/C✓ it IION wirvz
The franchise granted hereunder shall not
shall have been filed by the giant se then of
s cons ?cute a continuing agnerat e
annex or consolidate wi t , ,'. 'tioll terri t ,
the grantee therein shall likewise be d
ti
e eifsve until written acceptance thereof
Clerk of the City. When so filed, such acceptance
grantee °«t i f and when the City shall thereafter
any and all franchise rights and privileges owned by
be abando • -a within the is of such territory.
m
63CMON STEM
The franchise granted hereunder rkall c. t i any way or to any t impair or a ect the right
of the City to acquire the property of the gran hereof either by purchase or through the exercise
of the right of emine:,.t do r. al , a nothing r n _, twined shall be construed to contract away or
to modify or abridge, either for a term olz iffi ? -rpetuity, the City's right of eminent domain in respect
to the grantee or a4 public utility. or . ] 1 twin franchisee wee bay given any value before any court
or other public authority in any proceeding of any character in excess of the cost to the grantee of
e necessary publication and any others iseeee p. e ill by it to a City 4 erefor at the time of the
acquisition thereof.
STCTII®N SEY N
The grantee of this franchise cla11
(a) construct, install and maintain all pi and appurtenances in accordance with and in con-
formity with all of the ordinances, rub an . it alatdons heretofore or hereafter adopted by the
legislative body of this City i the ecrise r lice !:�� wore rand not in conflict with the paramount
authority of the State of Califorr;nia, and, asp to Latta has ways, @abject the provisions of general
ws relating to e location and maintenance of Duel fr lit .
(b) pay to the City, on demand, the cost of all repairs to public property made necessary by
any operations of the gra:I:tee under thia franchise;
(c) indemnify and hold ham:leas ±ae City and ire eaeere from any and all liability for damages
proxim:,:tely resulting fro any operati@ under &la franchise; . '.d be liable to the City for all
damages proximately resulting from the fallen o2 rrantee well a „d faithfully to observe and
perform each and every provision of this frnchise an .i each and every provision of Division 3,
Chapter 2 of the Public Utilities Code of the State of California; and
(d) remove or relocate, without erg newel to City, air fatlitiee installed, used and main -
tain -,. under this franchise if and when mado ne=eary Psy any Pawl change of grade, alignment
or width of any public street, way, alley or place, indeding the MOD .,r action of any subway or viaduct
by the City ; and
(e) file with the legislative body ,.4 the City within thirty (30) days after any sale, transfer,
assignment or lease of this franchise, or any geurt acceof, or of any of the rights or privileges
granted thereby, written evidence of the come, aczolgto lay ':,,e grantee or its duly authorized
officers.
VORM 2434 -2C
SECTION EIG
1:?
T
The Engineer shall have power to give the grantee such directions for the location of any pipes
and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other
structures lawfully in or under the streets; and before the work of constructing any pipes and
appurtenances is commenced, the grantee shall file with said Engineer plans showing the location
thereof, which shall be subject to the approval of said Engineer (such approval not to be unreason-
ably withheld) ; and all such construction shall be subject to the inspection of said Engineer and
done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes
shall at all times be kept flush with the surface of the streets; provided, however, that vents for
underground traps, vaults and manholes may extend above the surface of the streets when said vents
are located in parkways, between the curb and the property line.
Where it is necessary to lay any under.- ound pipes through, under or across any portion of
a paved or macadamized street, the s::lme, where practicable and eco '.omically reasonable shall be
done by a tunnel or bore, so as not to disturb the foun 1:lion of such paved or macadamized street;
and in the event that the same cannot be co done, such } ork shall be done under a permit to be
granted by the Engineer upon ::application therefor.
SECTION NINE
Jf any portion of any street shall be damaged by reason of defects in any of the pipes and
appurtenances maintained or constructed under this grant, or by reason of any other cause arising
from the operation or existence of any pipes and appurtenances constructed or maintained under
this grant, said grantee shall, at its own cost and expense, imm . iately repair :any such damage and
restore such street, or portion of street, to as good a condition sa: existed before such defect or other
cause of damage occurred, such work to be done u:'.der e direction of the Engineer, and to his
reasonable satisfaction.
SECTION ION TERN
(a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the
provisions or conditions hereof, and shall not, within ten (10) days after written demand for com-
pliance, begin the work of compliance, or after such beginning shall not prosecute the same with
due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited.
(b) The City may sue in its own name for the forfeiture of this franchise, in the event of
non - compliance by the grantee, kW sucoms070 or c' igns, with any s the conditions thereof.
SECTION ELEVEN
The grantee of this franchise shall pay to the Caty a sum of money sufficient to reimburse it
for all publication expenses incurred by it in connection with the granting of this franchise; ouch
payment to be made within thirty (30) days after the City shall furnish such grantee with a written
statement of such expenses.
SECTION TWELVE
Not later than thirty (30) days alike rho publication of thin ordinance, the grantee shall
with the City Clerk a written acceptance of tho franchise hereby granted, and . I agree a:a,ent
comply with the terms and conditions hereof.
SECTION THIRTEEN
11
The City Clerk shall certify to the �. in on of thin ordinance and shall cause the same to be
published once in the `� le ���� T r° Qa
Attest...s� -. - -.
City Clerk
I hereby certify that the foregoing ordinance woo adopted by the Council
of the City of 'I�01�_.. iJ , on the 1._2th..__day of.$S Pt
by the following votes :
FORM 2494 —ZEI
Rmt2e
Ayes: C ouncB aon.Mm Noo a Nekaseop MGrrr i tZ
Floes :
ETio
CJi
City Clerk