HomeMy WebLinkAboutAGMT - Southern California Gas Company (Franchise Agreement) •
ORDINANCE NO " O _...._--.. G�TI�E il' cm v •
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' AN ORDINANCE OF THE CITY OF SEAL BEACH
GRANTING TO SOU:SBN COV-TIL5 CAS CC'YAZY OF CALM:MN-Li�_...v........ .....___.._,
A CORPORATION, THE RIGHT. PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES
AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND
ALL PURPOSES UNDER, ALONG. ACROSS OR UPON THE PUBLIC STREETS, WAYS.
ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER
EXIST. WITHIN SAID MUNICIPALITY. •
. The Council of the City of Seal Beach does ordain as follows:
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SECTION ONE
Whenever in this ordinance the words or phrases hereinafter in this section defined are used,
they shall have the respective meanings assigned to them in the following definitions (unless, in the
given instance,the context wherein they are used shall clearly import a different meaning) :
(a) The word "Grantee" shall mean the corporation to which the franchise contemplated in
this ordinance is granted and its lawful successors or assigns;
(b) The word "City" shall mean the City of Seal Beach __.._,,,__..................._....,
a municipal corporation of the State of California, in its present incorporated form or in any
later reorganized, consolidated or reincorporated form;
(c) The word "streets"shall mean the public streets, ways,alleys and places as the same now
or may hereafter exist within said City;
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(d) The word "Engineer"shall mean the Qty Engineer of the City;
(e) The word "Gas" shall mean natural or manufactured gas, or a mixture of natural and
manufactured gas;
(f) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap,
vent, vault, manhole, meter, gauge, 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 useful in transmitting and distributing gas.
(g) The phrase "lay and use" shall mean to lay, construct, 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 pursuant to the provisions of Division 3, Chapter 2 of the Public
Utilities Code of the State of California, known as the Franchise Act of 1937, be and the same is,
hereby granted to Southern Counties Gas Company of California
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 appurtenances for transmitting and distributing gas for
any and all purposes,under,along.across or upon the streets,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 THRF.F.
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-
04 0 ever,that such payment shall in no event be less than one per cent (1%) of the gross annual receipts
to & of the Man derived from the sale of gas within the limits of the City under this franchise.
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The grantee of this franchise shall file with the Clerk of the City within three (3) months after .
°r° of this pfranchisef and within three (3)or fractional calendar months after the expiration following the date of
each and d every calen lar year of the antee, its
successors or assigns, during detail
thereafter, a duly during he preceding calendaryc r, or su gross fractionatc.calendar year from
the of thelgranteeutolpay to the City within i within fifteen (16) days after the time for filingssuch statement,
in lawful money of the United States, the specified percentage of its gross receipts for the calendar
byaid grantfractional file uch verified statement, or to such statement. Any pay said p?rcen genat the times or in the man-
ner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise
and of all rights thereunder.
SECTION FOUR
This grant is made in lieu of all other franchises, rights, or privileges owned by the grantee,or and
gas any successor of the within the limits of the City, as said limits now or may hereafter exist,sand the acceptance distributing o
privileges within hereby limits of this 11 City, as such limits now or may hereafter exist in rights and which
this franchise is granted.
SECTION FIVE •
The franchise granted hereunder shall not become effective until written acceptance thereof
shall have shall constitute aecontinuing agreement of the the
rantee the and when the filed,
City shall thereafter
annex or consolidate with,additional territory,any and all franchise rights and privileges owned by
the grantee therein shall likewise be deemed to be abandoned within the limits of such territory. •
SECTION SIR • t
The franchise granted hereunder shall'not inany way or to any extent impair or affect the right
of the right City of eminent domain,and of the nothing herein contained shall belconstrued to contract away or
of the to modify or abridge,either for a term or in perpetuity,the City's right of eminent domain in respect
to the or other public or authority in any proceeding of anyrchariacter in be s of the cost to theegrantee of .
the necessary publication and any other sum paid by it to the City therefor at the time of the
acquisition thereof.
SECTION SEVEN
The grantee of this franchise shall appurtenances in accordance with and in con-
(a) construct, install and maintain all pipes and app
con-
formity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the
legisltive body authority of the o State of California,eand, as to ts police
tate hi h
ghways, subject to the provis ons of general
laws relating to the location and maintenance of such facilities.
(b) pay to the City, on demand, the cost of all repairs to public property made necessary by
any operations of the grantee under this franchise;
(c) indemnify and hold harmless the City and its officers from any and all liability for damages
proximately resulting from any operations under this franchise; and be liable to the City for all
damages each i nd every provision on of this sf�franchise nddre each andwell
everyf provision of Division 3,
Chapter 2 of the Public Utilities Code of the State of California; and •
(d) remove or relocate, without expense to the City, any facilities installed, used and main-
tained
width ofeany public street,way,alley or place,including the construction of change
ny subway or viaduct
by the City; and
(e) Me with the legislative body of the City within thirty (30) days after any sale, transfer,
assignment or lease of this granted thereby,written evidence of the or same, part
ertified thereto or of any of the rights or by the grantee or its duly authorized
officers.
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SECTION EIGHT
,. The Engineer shall have power to give the grantee such directions for the location of any pipes '
, a 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 !lush 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 underground pipes through, under or across any portion of
a paved or macadamised street, the same, where racticable and economically reasonable shall be
done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street;
and in the event that the same cannot be so done, such work shall be done under a permit to be
granted by the Engineer upon application therefor.
SECTION NINE
• If 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 appurtenance, constructed or maintained under •
this grant, said grantee shall, at its own cost and expense, immediately repair any such damage and
restore such street, or portion of street,to as good a condition as existed before such defect or other
cause of damage occurred, such work to be done under the direction of the Engineer, and to his '•
reasonable satisfaction.
SECTION TEN
(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, its successors or assigns, with any of the conditions thereof.
SECTION ELEVEN
The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it
for all publication expenses incurred by it in connection with the granting of this franchise; such
payment to be made within thirty (90) days after the City shall furnish such grantee with a written
statement of such expenses.
SECTION TWELVE
Not later than thirty (30) days after the publication of this ordinance, the grantee shall file
with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to
comply with the terms and conditions hereof.
SECTION THIRTEEN
The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be
published once in the Manna News —••-•—••-• — ••
Attest�u=-5:4 `-- '". ' ..-_-. -. !JU,e 1 i� 1.raM,.t="9 \
City Clerk ayor ree••rw.
I hereby certify that the foregoing ordinance was adopted by the.-:G_.._t ..L.C2Eu1L. --L_''
of the City of Seal Beach ---_--•- —,on the7.2-x day of�hC (�'f---, 19 GJ •
by the following votes:
Ayes: .�.cc��_.....--.
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Noes: • :- =. _
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C0 —tom_:.
City Clerk
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