HomeMy WebLinkAboutCC Ord 1457 2000-03-27
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ORDINANCE NUMBER 14",1
AN ORDINANCE OF THE CITY OF SEAL BEACH GRANTING TO
SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE, FOR A TWENTY -FIVE (25) YEAR
TERM TO CONSTRUCT, LA Y, OPERATE, TEST, MAl NT AIN, USE,
RENEW, REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND
NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM
OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF
CONDUCTING, TRANSPORTI~G, CONVEYING AND CARRYING
GAS, OIL, PETROLEUM PRODUCTS, WATER, WASTE WATER, AND
OTHER SUBSTANCES, ON, ALONG, IN, UNDER AND ACROSS
PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE
CITY OF SEAL BEACH.
RECITALS
1. On Aplil 14, 1975, the Seal Beach City Council adopted Ordinance No. 953, granting
to Southern California Edison Company a twenty-five (25) year term oil pipeline
franchise. Ordinance No. 953, expires April 14,2000.
2. Southern California Edison Company desires that the eity adopt a new franchise
ordinance in compliance with the Public Utilities Code, repeal Ordinance No. 953,
and grant a twenty-five (25) year franchise to Southem California Edison eompany.
3. All prerequisites to the adoption of this ordinance have occnrred.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section I: Whenever in this Ordinance the words or phrases hereinafter in this section
defined are used, it is intended that 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, enlarged 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.
(d) The pln'ase "pipes and appllltenances" shall mean pipe, pipeline, cable,
main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve,
conduit, appliance, attachment, appmtenance 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, or in canying on the business of,
conducting, transpOlting, conveying and canying gas, oil, petroleum
products, water, waste water, and other substances.
(e) The phrase "lay and use" shall mean to lay, constmct, excavate, erect,
install, encroach, operate, maintain, use, repair, replace, relocate, abandon
in place, or remove.
(f) The word "Franchise" shall mean and include any authorization granted
hereunder in telms of a Franchise, Plivilege, permit, license or othelwise
to lay and use a system of pipelines and appllltenances for conducting,
transporting, conveying, and canying gas, oil, petroleum products, water,
waste water, and other substances for any and all purposes in, along,
across, upon, over, and under streets within the City. Any authorization,
Ordinance Number
/'/5'1
f
in whatever terms granted, shall mean and include any license or permit
required for the privilege of transacting and canying on a business within
the City.
Section 2: That a Franchise be and the same is hereby granted to Southem Califomia
Edison Company, a corporation organized and existing under the laws of the State of
Califomia, its successors and assigns, to constmct, lay, operate, test, maintain, use,
renew, repair, replace, move, change the size and number of, and remove or abandon in I
place a system of pipelines, including a pipeline system already laid and constructed,
together with such valves, fittings, manholes, vaults, pumps and other appliances,
appm1enances, attachments or equipment as the Grantee, its successors and assigns, may
deem necessary or convenient for the purpose of conducting, transporting, conveying and
carrying gas, oil, petroleum products, water, waste water, and other substances on, along,
in, under and across the public streets, ways, alleys and places within the City of Seal
Beach, upon the terms and ~onditions set f0l1h in the Franchise Act of 1937.
Section 3: The Grantee shall have the right to constmct and maintain such pipes and
appm1enances as may be necessalY or convenient for the proper maintenance and
operation of the pipelines under said Franchise and so located as to confOlm to any order
of the City Engineer of the City of Seal Beach (hereinafter refell"ed to as the "City
Engineer") in regard thereto. The Grantee sllall have the light, subject to such
ordinances, mles, or regulations as are now or may hereafter be in force, to make all
necesslllY excavations in said highways, for the constlUction, testing, and repair of new or
existing pipelines and appurtenances.
Section 4: Said Franchise shall be for a term of twenty-five (25) yelll's, or until said
Franchise shall be forfeited for noncompliance with its terms by the Grantee, whichever
occurs sooner. This Franchise shall automatically renew for two successive ten year I
tenns upon the expiration of the initial twenty-five year tenn, unless either party shall
notifY the other in writing of its intention not to renew the Franchise for the next
successive term at least one hundred and eighty calendlll' days before the expiration of the
then CUITent term but no sooner than ,one year before the expiration date of the then
CUITent term.
Section 5. The Grantee shall pay to the City at the times hereinafter specified, in
lawful money of the United States, a sum alU1ually which shall be equivalent to the base
rate revised annually, as provided in Section 6231.5 (b) of the Public Utilities Code,
arising from the use, operation or possession of said Franchise.
Section 6: It shall be the duty of the Grantee to pay to the City within fifteen (15) days
after the time for filing such statement in lawful money of the United States, the amount
due as determined by said statement. Any neglect, omission or refusal by said Gmntee to
file such verified statement, or to pay said amount, at the times or in the manner
hereinbefore provided, shall be grounds for the declaration of a forfeilure of this
Franchise and of alll;ghts thereunder.
Section 7: Within ninety (90) days following the date in which any pipelines or
additional pipelines have been laid or constmcted wlder this Franchise, the Grantee shall
file a map or maps in such fOlms as may be required by the City Engineer showing the
accurate location and size of all its facilities then in place, and shall, upon installation of
any additional facilities, or upon removal, change, or abandomnent of all or any portion
thereof, file a revised map or maps showing the location and size of all such additional,
removed, or abandoned facili~ies as of that day. .
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Section 8:
(a)
The Grantee of this Frllllchise shall:
COIlStlUct, install, test, and maintain all pipes and appw1enances in
accordance with and in confOlmity with all of the applicable ordinances,
mles and regulations heretofore, or hereafter adopted by the legislative
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Ordinance Number ~
body of this City in the exercise of its police powers and not in conflict
with the paramount authority of the State ofCalifomia, and, as to State
highways, subject to the provisions 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 proximately resulting
from the failure of said Grantee well and faithfully to observe and perform
each and eve!)' provision ofthis Franchise and each and eve!)' provision of
Division 3, ehapter 2 of the Public Utilities Code of the State of Cali fomi a;
(d) remove or relocate, at the request of the City without expense to the City,
any facilities installed, used and maintained under this Franchise if and
when made necessa!)' by any lawful change of grade, alignment or width of
any public street, way, alley or place, including the construction of any
subway or viaduct by the City.
(e) file with the legislative body of the City within thirty (30) days after any
sale, transfer, assignment or lease of this franchise, or any part thereof, or
of any of the rights or privileges granted thereby, written evidence of the
same, certified thereto by the Grantee or its duly authorized officers.
Section 9: This ordinance shall become effective thirty (30) days after its final
passage, and Ordinance No. 953 will be repealed when the new ordinance is effective,
unless suspended by referendum petition filed as provided by law.
Section 10: The Franchise granted hereby shall not become effective until written
acceptance thereof shall have been filed by the Grantee with the eity Clerk of said City.
Section 11: In consideration for the granting of this Franchise, and to reimburse eity for
its administrative expenses in preparing, advertising and approving the documents for tIus
Franchise, Grantee shall pay City Five Thousand Dollars ($5,000.00) within thirty (30)
days after the Effective Date of this Franchise.
Section 12: The City Clerk shall cause this Ordinance to be posted within fifteen (15)
days after its passage in three (3) public places within said City.
FirstoJ/ad at a 'tJ,;:;;:;g of the City Council of the City of Seal Beach held on the
.7J". d.y of 2000, md OOolly ml"""'"i:;:J.;.- pooed " . reg.."
meeting of said City Council held on the /()~ day 2000.
Mt
Ordinance Number
1#1
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STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do here~y F-ertify that the
foregoing ordinance is an original copy of Ordinance Number /ilS'''! on file in the
office of the g~Clerk, introduced at ameet~eld o~~e ~
4r1 day of 7 /1.1<1. e~ , 2000, and passed,
approved and adopted by the Cjty Council of the City of Se each, at a regular meeting I
thereof held on the LIJ If!: day of ' , 2000.
AYES:
Councilmernbe'
NOES:
Councilmembers
ABSTAIN:
Councilrnembers
And do hereby further certifY that Ordinance Number /115'/ has been published
pursuant to the Seal Beach City Charter and Resolutio~.
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
O~dinance Number I'~~
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published V'feekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
Proof of Publication of
...............................................
...............................................
NOTICE OF PUBUC HEARING
N01ICE IS HEREBY GNEN thl!...
CIIv CouncIl of the CIty of__
wlO conduct I pubOc h..rln,..on
Monday March 21th, 2000. lit ...:.00
.rn In \ho CIty CouncIl Chom_rs,
~11' Eighth Street, ta conelder thl
,onUeaf I renewal of In utatlncS
XII ~I ne tl"lochl.. In the c:m;
Seal to the Southern CII .
nlllEdllonCompany. . "_O-
N. tho obovo time end".....-.
sIted persons may be heard I~ so
d8llr8d. Written comments _~~
blI......-endshouldbll-
to the CIlY CouncIl cia thO CIlY CIeri<.
CIIY Hall, 211 -1lIh~. SoafBoBch,
riouctiCllll"llllll'<O_blI,"",,"""
pnor to the hearing dalll. " you chal-
_thOprllP.OIOlliM:tlano"i:ault.Y"ll
moybll_to-~I!~
~1I'__I8I- .--
'heBrIM described In this n0dc8. or
Wnnen l:orreSDQl1dehc8 delrv8red to
~e Crty 01 Seaf~ at, or pn~Jo.
thepuljllchoarlng,., "
DATED _171l1 dBi of Mon:h. 2000
,.JaOMli M. Voo; Oty CIeri< ~ "
r CIlYolSoalBeach . -'
":' published In t~. Seal 8.-ach Sun
03/23Ill0 .
4'3
all in the year 2000.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this 073 day of~, 2000.
;Y~
Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number ~~t
PROOF OF PUBLlCATI N
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
, am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type ,not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
l.fu
Proof of Publication of
...............................................
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...............................................
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
. ".' , ~ , '
I~,,' .'- .SUMMARY.-...}
,': "ORDINANCE,NUMBER-1457
. GRANTING PIPEUNE FRAN-
1" CHISE . EOISON COMPANY
r .orlJinance Number 1457'bflhe aiv
I.of Seal Beach grants to SoUthern CaI-
Iforma Edison Company a pipeline
I franchise for a twenty-flve year term,
replaclng,l~e.pnor twenly.flve year
, franchl&8lhal:explF8sApnI14i2000,
. for the purpose at conducbng, trans-
polling, conveYing and carrying gas,
011. petroleum products, water, waste
r water, and other Rlbances 00, along,
m, under and across publiC, streets.
-. alleys and places W11hln Ihe CIly
,of Seal Beach. Ordinance Number
1457 was Introduced and r8C8MId first
reading althe legular City ,Council
meeting of March 27th, 2000 by the
folloYMng vote
AYES llOyd, CamjibOli, Doane,
.. '. Snow, Yost. . .) -~
NOeS: Motion carned . .
I Ordiiace Number 1457 ~I be cOn-
SId.,ed for second readang and adop.
tlon allhe ;egular meellng of Apnl
110111,2000 Cop.. of OrdInance Num-
ber 1457 are aY81LabIe from Ih8 office
I~of the City Clerk, City Hall, 211 - 8th
I SWe!, Seal Beach, telephone (562)
431.~27~. . .
, DAlEO _7111 dily 01 ApnI, 2000.
~ Jeiikne M. Yea, CIty Qerk
, City of ~oaJ llOach.,. '.'
: ..Published In IheJ!eal Seach Sun
!:4/1~. ..,' '.. ~
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all in the year 2000.
Dated at Seal Bea~.
this /.3 day of
6~ ar::
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
,2000.
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
Ordinance Number ~~j1
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24n5. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
~~d
all i the year 2000.
Proof of Publication of
...............................................
...............................................
. SUMMARY
ORDINANCE NUMBER
,. 1457.
, . GRANTING PIPELINE
FRANCHISE. EDISON
COMPANY
..,
..Ordlnance Number 1457 of the
City of Sea! Beach grants 10 South-
ern California Edison Company a
I pipeline franchise for B twenty-five
year term, repJeclng the jmor twen-
ty-five year franchise thai expIres
.. April 14. 2000. for the purpose of
. conducting, transporting, convey-
ling and carrymg gas, 011. petroleum
'. products. water, waste wale" and
. other substances on, along, In.
under and across public streels,
ways, alleVs and places wlthm the
CItV of Seal Beach Ordinance
I Number 1457 received second
reading and was adopted at Ihe
I regular Clly Council meeting of
I Aprtl 10th. 2000 bV the follOWing
vote .
: AYES: BOVd, Campbell, Doane:
I Snow, Yosl .' ~
r NOES: Motion carried
-Co les of'Ordlnance Number
145f are available from the office
of the CltV Clerk, CltV Hall, 211 .
I. 8th Street, Seal Beach: telephone
: (582) 431.2527 -
, DATED ThiS 12th d_ 01 Apnl, 2000.
~ Joanne M. Y;'UY,lCltV Clerkl,
CltV of ~eal Beach '
, Published In the Seal Beach Sun
4/20/00 .
"
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, ~~, 4'
thi~C) day of ~r~ , 2000.
~7(~
~ature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726