HomeMy WebLinkAboutCC Ord 1203 1986-01-13
ORDINANCE NO./~O~
AN ORDINANCE OF THE CITY OF SEAL
BEACH ESTABLISHING REGULATIONS
CONCERNING PIPELINE FRANCHISES AND
AMENDING THE SEAL BEACH CITY CODE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS I
FOLLOWS:
SECTION 1. The Seal Beach City Code is hereby amended. by
adding Chapter 16B to read:
CHAPTER 16B
PIPELINE FRANCHISES
PART I. GENERAL PROVISIONS AND DEFINITIONS
Sec. 16B-l. Short title. This Chapter shall be known
and cited as "The Pipeline Franchise Ordinance."
Sec. 16B-2. General conditions. Every franchise
hereafter granted by the City 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 or distribution of oil, gas,
gasoline, petroleum, wet gas, hydrocarbon substances, water,
waste water, mud, steam and other liquid substances which are
not more hazardous than the aforementioned substances, together
with all manholes, valves, appurtenances and service I
connections necessary or convenient for the operation of said
pipes or pipelines including conduits, cathodic protection
devices, wires, cables and other appurtenances necessary or
convenient for the exercise of the Franchisee's business, in,
under, along or across any and all streets within the City of
Seal Beach, except as otherwise provided in the ordinance
granting the franchise, shall be granted upon and be subject to
the rules, regulations, restrictions and terms and conditions
of this Chapter, in addition to those rules, regulations,
restrictions, terms and conditions set forth in the ordinance
granting the franchise.
Sec. 16B-3 Pole lines. Nothing in this Chapter or in
any ordinance granting such a franchise shall be construed to
permit the grantee to construct new poles or other facilities
above ground.
Sec. 16B-4. 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. "Council" shall mean City Council of the City of Seal
Beach.
I
B. "Code" shall mean the City Code of the City of Seal
Beach.
C. "Engineer" shall mean the City Engineer of the City of
Seal Beach.
I
I
I
Ordinance' Nuniber i20!J
.
D. "Facilities" or "Appurtenances" shall mean 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 street pursuant to any
right or privilege granted by the franchise.
(
E. "Franchisee" or "Grantee" shall mean the person to
whom the franchise is granted, and any person to whom it is
lawfully assigned.
F. "Franchise payment period" shall mean the time period
between the effective date of the ordinance granting the
franchise and December 31 of the same year, and each calendar
year thereafter, during the life of the franchise.
G. "Franchise report period" shall mean the time period
between the effective date of the ordinance granting the
franchise through and including December 31 of that year, and
each calendar year thereafter, during the life of the
franchise.
H. "Main" shall mean any pipeline or conduit laid in,
along, or approximately parallel with any street for the
collection, transmission or distribution of any substance or
commodity.
1. "Major street" shall mean any street or portion
thereof designated as a major or primary arterial highway in
the Circulation Element of the General Plan of the City of Seal
Beach.
J. "Minor Street" shall mean all strt!ets in the City
other than those designated as "major" or "primary" arterial
highways in the Circulation Element of the General Plan of the
City of Seal Beach.
K. "Person" shall mean any individual, person, firm,
partnership or corporation.
L. "Section" shall mean a section of the Seal Beach City
Code, unless some other Code or statute is mentioned. 0
M. "Service connection" shall mean 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.
N. "Shall" is mandatory, "may" is permissive.
O. "Street" shall mean any street, road, highway, alley,
lane, or court or other public easement, and above and below
the same, which now exists or may hereafter exist in the City
of Seal Beach and in which the City has the authority to grant
a franchise.
Sec. 16B-5. Term. Unless the ordinance granting the
fanchise provides otherwise, the term of the franchise shall be
twenty-five (25) years.
Sec. 16B-6. Acceptance of franchise. The Franchisee
shall, within thirty (30) days after the passage of the
franchise, file with the City Clerk of the City of Seal Beach
and with the Engineer a written acceptance of the terms and
conditions of said ordinance.
Ordinance Number ~~
Sec. 16B-7. Nonexclusive franchise. The granting of the
franchise shall not be construed to prevent the City from
granting an identical or similar franchise to any person other
than the Franchisee. Nothing herein contained shall ever be
construed so as to exempt the Franchisee from compliance with
all ordinances. rules or regulations of the City now in effect
or which may be hereafter adopted which are not inconsistent
with the terms of the franchise.
Sec. 16B-8. Chanqe in status. If. after the granting of I
a franchise to other than a public 'utility. the Franchisee
qualifies before the Public utilities Commission of the State
of California as a common carrier. the Franchisee shall then
have no right to continue to operate hereunder after the date
of such qualification. except with the consent of the Council.
granted upon such additional terms and conditions as the
Council may deem proper. Such additional terms and conditions
shall be expressed by ordinance.
Sec. 16B-9. Maps. Within ninety (90) days following the
date in which any facilities or appurtenances have been laid.
removed or abandoned under the franchise, the Franchisee shall
file a map or maps with the Engineer showing the accurate "as
built" location. depth. and size of the facilities or
appurtenances so laid. removed or abandoned.
Sec. 16B-IO. Insurance. On or before commencement of
any franchise operations. Franchisee shall obtain or provide
satisfactory evidence of having policies of liability and
worker's compensation insurance from companies authorized to
transact business in the State of California by the Insurance
Commissioner of California.
A. The policy of liability insurance shall:
I
1. Be issued to Franchisee and name the City. and
its officers. agents. and employees. as additional insureds.
2. Indemnify for all liability for personal and
bodily injury. death and damage to property arising from
activities conducted pursuant to this franchise by providing
coverage therefor. including but not limited to. coverage for:
a. Negligent acts or omissions of Franchisee
and the agents. servants and employees thereof. committed in
the conduct of franchise operations.
b. Provide a combined single limit liability
insurance in the amount of ten million dollars
($10.000.000.00).
c. Be noncancellable without thirty (30) days'
written notice thereof directed to the Engineer.
B. The policy of worker's compensation insurance shall:
1. Have been previously approved as to substance and
form by the California Insurance Commissioner.
I
2. Cover all employees of Franchisee who in the
course and scope of their employment are to conduct or do work
pursuant to the franchise operations.
3. Provide for every benefit and payment presently
or hereinafter conferred by Division 4 of the Labor Code of the
State of California upon an injured employee. including the
vocational rehabilitation and death benefits.
Ordinance Number ~1l:3
. \
I
4. Be noncancellable without thirty (30) days'
written notice thereof directed to the Engineer. Franchisee
shall file with the Supervisor prior to commencement of any
franchise operations either certified copies of said policies
or a certificate of insurance for each of the required policies
executed by the company issuing the policy, certifying that the
policy is in force and providing the following information with
respect to said policy:
a. The policy number.
b. The date upon which the policy will become
effective and the date upon which it will expire.
c. The names of the named insured and any
additional insureds.
d. Subject of the insurance.
insurance.
e. The type of coverage provided by the
insurance.
f. Amount of limit of coverage provided by the
g. A description of all endorsements that form
a part of the policy.
Any franchise operations shall not commence until
Franchisee has complied with the aforementioned provisions of
this section, and any such operations shall be suspended during
any period that Franchisee fails to maintain said policies in
full force and effect.
I
Sec. 16B-ll. Faithful ~erformance bond. On or before
the effective date of the ord~nance granting the franchise,
Franchisee shall file and thereafter at all time during the
life of the franchise keep on file with the Engineer a
corporate surety bond approved by the City Attorney running to
the City in the penal sum of ten thousand dollars ($10,000),
with a surety to be approved by the Engineer, conditioned that
Franchisee shall well and truly observe, fulfill and perform
each condition of the franchise and that in case of any breach
of condition of the bond the whole amount of the penal sum
shall be deemed to be liquidated damages and shall be recover-
able from the principal and sureties of the bond. If said bond
is not filed prior to the effective date of the ordinance
granting the franchise, the award of the franchise may be set
aside and the ordinance granting the franchise repealed at any
time prior to the filing of said bond and any money paid in
consideration for said award of franchise shall be deemed
forfeited. In the event that said bond, after it has been so
filed, shall at any time during the life of the franchise
become insufficient, Franchisee agrees to renew said bond,
subject to the approval of the City Attorney, within ten (10)
days after written notice to do so from the Engineer.
I
Sec. 16B-12. Alternate security. In lieu of the bond
required pursuant to Section 16B-ll of this Chapter, the
Franchisee may file alternate security as approved by the City
Council.
Sec. 16B-13. Length. Whenever the length of any wire,
pipe or conduit is a factor in calculating any payment due
under any franchise granted by the City, all service
connections shall be excluded in determining such lengths.
Sec. 16B-14. Forfeiture. The franchise is granted and
shall be held and enjoyed upon each and every condition
Ordinance Number ~D~
contained in the ordinance granting the franchise, including
such conditions contained herein as are incorporated by
reference in said franchise ordinance, and shall ever be
strictly construed against the grantee. Only such rights and
privileges as are granted in plain and unambiguous terms in the
ordinance granting the franchise shall be included in the
franchise. Any neglect, failure or refusal to comply with any
of the conditions of the franchise shall constitute grounds for
the suspension or forfeiture thereof. The Council, prior to I
any suspension or forfeiture' of the franchise, shall give to
the grantee not less than thirty (30) days' notice in writing
of any default thereunder. If the grantee does not, with the
noticed period, begin the work of compliance or after such
beginning does not prosecute the work with due diligence to
completion, the Council may hold a hearing, at which the
grantee shall have the right to appear and be heard, and
thereupon the Council may determine whether such conditions are
material and essential to the franchise and whether the grantee
is in default with respect hereto and may declare the franchise
suspended or forfeited. Notice of said hearing shall be given
to the grantee by certified mail not less than five (5) days
before said hearing.
Sec. 16B-15. Value of franchise. The grantee of any
franchise awarded to a public utility, by accepting the terms
and conditions thereof, stipulates and agrees that in any
proceeding for the purpose of adjusting the rates of the
grantee, no greater value shall be placed upon the franchise
than the actual cash paid therefor by the grantee.
Sec. 16B-16. State highways. If any street or portion
thereof becomes a state highway, except for the right to
continue to collect franchise payments or such other rights as
by law remain with the City, the state shall succeed to all I
rights reserved to the City by the franchise~ but this
provision shall not preclude the grantee from receiving
reimbursement for the relocation of its facilities if and to
the extent otherwise lawfully entitled to.
This section applies to any street or portion thereof
which becomes a state highway in which the grantee maintains
its facilities under the authorization of the franchise at the
time such street or such portion thereof becomes a state
highway, whether at such time it is under the jurisdiction of
the City, or any other public entity.
This section does not require any change of location in a
state highway for a temporary purpose.
Sec. 16B-17. Eminent domain. No franchise granted by
the City shall in any way impair or affect the right of the
City or any successor in authority to acquire the property of
the grantee by purchase or condemnation, and nothing contained
in such a franchise shall be construed to contract away, modify
or abridge either for a term or in perpetuity the City's right
of eminent domain in respect to any public utility.
Sec. 16B-IB. Publication costs. The grantee shall pay
to the City within thirty (30) days after receiving a statement I
therefor, all advertising and publishing costs, including the
cost of publishing the ordinance, if necessary, incurred in
connection with the granting of the franchise.
Sec. 16B-19. Assignment. The grantee shall not sell,
transfer, assign or lease the franchise or any part thereof,
except with the consent of the Council. Such sale, transfer,
assignment or lease shall be made only by filing with the
Council a copy of the duly executed instrument of such sale,
transfer, assignment or lease and a written request for the
Ordinance Number ~~~
I
consent of the Council to such sale, transfer, assignment or
lease. If such duly executed instrument and such written
request, is not filed with the Council before the expiration of
sixty (60) days after the effective date of such sale,
transfer, assignment or lease, then, upon the expiration of
said sixy (60) days, the franchise shall be subject to
forfeiture and the Council may, without notice, by ordinance,
repeal the franchise. As a condition to the granting of
consent to such sale, transfer, assignment or lease, the
Council may impose such additional terms and conditions upon
the franchise and upon the grantee or assignee, which the
Council may deem to be in the public interest. Such additional
terms and conditions shall be expressed by ordinance. Nothing
herein contained shall be construed to grant to the grantee the
right to sell, transfer, assign or lease the franchise, or any
part thereof, except in the manner aforesaid. This section
applies to any assignment, whether by operation of law, by a
voluntary act of the grantee or otherwise.
Sec. 16B-20. Prior franchises. All facilities erected,
constructed, laid, operated or maintained by the grantee in the
streets, including services connected with the grantee's
facilities, whether installed by the grantee or not, in the
area described in and by virtue of the authority provided by
the ordinance granting the franchise, prior to the effective
date of said ordinance, except those maintained under prior
right other than franchise, shall become subject to all the
terms and conditions of such ordinance upon such effective
date.
I
Sec. 16B-21. City officers. Any right or power
conferred, or duty imposed upon any officer, employee or
department of the City shall be subject to transfer to any
other officer, employee, or department of the City.
Sec. 16B-22. Hold harmless. The grantee shall be
responsible to the City and save the City and its officers and
employees free and harmless from all damages or liability
arising from the use, operation or possession of the franchise,
and from the use, operation or maintenance of the facilities
erected, constructed, laid, operated or maintained thereunder.
Sec. 16B-23. Standards. All facilities erected,
constructed, laid, operated or maintained under the provisions
of the franchise shall be erected, constructed, laid, operated
or maintained in accordance with and conforming to all the
ordinances, codes, rules and regulations now or hereafter
adopted or prescribed by the Council.
Sec. 16B-24. Conflicting improvements. If the City or
any other public entity constructs or maintains any storm
drain, sewer structure, or other facility or improvement under
or across any facility of the grantee maintained pursuant to
this ordinance, the grantee shall provide at no expense to the
City or other public entity such support as shall be reasonably
required to support, maintain and protect grantee's facility.
I
Sec. 16B-25. Relocation. If the grantee after
reasonable notice, fails or refuses to relocate permanently or
temporarily its facilities located in, on, upon, along, under,
over, across or above any highway or to pave, surface, grade,
repave, resurface or regrade as required, pursuant to any
provision of the franchise, the City or other public entity may
cause the work to be done and shall keep an itemized account of
the entire cost thereof, and the grantee shall hold harmless
the City, its officers and employees from any liability which
may arise or be claimed to arise from the moving, cutting, or
alteration of any of the grantee's facilities, or the turning
on or off of water, oil, or other liquid, gas, or electricity.
Ordinance Number /~
The grantee agrees to, and shall, reimburse the City or
other public entity for such cost within thirty (30) days after
presentation to said grantee of an itemized account of such
costs.
Sec. 16B-26. Defective facilities. If any portion of
any street shall be damaged by reason of defective facilities
laid or constructed under the franchise, the grantee shall, at
its own expense, repair any such defect and put such street in
as good condition as it was before such damage was incurred, to
the satisfaction of the City. If the grantee, within ten (10)
days after receipt of written notice from the City, instructing
it to repair such damage, shall fail to commence to comply with
such instructions, or, thereafter, shall fail diligently to
prosecute such work to completion, then the City immediately
may do whatever work is necessary to carry out said
instructions at the cost and expense of the grantee, which cost
and expense, by the acceptance of the franchise, the grantee
agrees to pay upon demand. If such damage constitutes an
immediate danger to the public health or safety requiring the
immediate repair thereof, the City without notice may repair
such damage and the grantee agrees to pay the reasonable cost
thereof upon demand.
Sec. 16B-27. Hazardous substances. Prior to the
issuance of any excavation permit for the construction or
installation of any pipeline for the transmission of flammable
liquids or gases which are heavier than air, approval shall be
obtained from the Engineer. Such approval should be based on
the determination that no undue fire hazard will be created to
life or property in the areas through which the proposed
pipeline will be located. To make such determination,
consideration shall be given to:
A. Type of commodity to be transmitted.
B. Density of population or structural development in the
area through which the pipeline will be located.
C. Adequacy of water supplies for fire control purposes.
D. Extent of available public fire protection facilities.
E. Number and location of shut-off valves in line.
PART II. COMPENSATION
Sec. 16B-30. Rates. As consideration for the franchise
granted, the Franchisee shall pay to the City in lawful money
of the united States the following:
A. Public Utility
The franchisee of any franchise awarded to a public
utility, as consideration for such franchise, including the
extension, renewal, or continuation of a previously granted
franchise, shall pay to the City in lawful money of the United
States, two percent (2%) of the gross annual receipts of the;
franchisee arising from the use, operation or possesson of the
franchise: provided, however, that such payment shall in no
event be less than one percent (1%) of the gross annual
receipts of applicant derived from the sale within the limits
of the municipality of the utility service for which the
franchise is awarded: or such other amounts as are provided in
Section 6231 of the Public Utilities Code of the State of
Caifornia. The City reserves the right to change its fees at
five (5) year intervals from the effective date of the
ordinance granting the franchise, if following a public
I
I
I
I
I
I
Ordi nance Number /.2 03
r. ...
hearing, such action is not in conflict with the law of the
State of California.
B. Others
I
The Franchisee of any franchise awarded to any other than
a public utility, as further consideration for such franchise
including the extension, renewal, or continuation of a
previously granted franchise, shall pay to the City in lawful
money of the United States the following fees:
1. In the case of an initial grant of franchise, or
franchises which extend, renew, or continue previously granted
franchises, a base granting fee of seven thousand five hundred
dollars ($7,500) for pipeline with a total length of i mile or
more or seven hundred fifty dollars ($750.00) for pipeline with
a total length of less than i mile shall be paid within thirty
(30) days after the Council adopts the ordinance granting,
extending, renewing or continuing the franchise and prior to
signing the written acceptance of the franchise pursuant to
Section 168-6 of this Chapter. If at any time during the first
five (5) years following the grant of a franchise, additional
pipeline is added which will result in a total length of
pipeline of i mile or more, the seven thousand five hundred
dollars ($7,500.00) granting fee shall be required at the time
said footage is added. .
2. A base annual fee shall be paid within one hundred
five (105) days after the end of each calendar year and during
the life of the franchise for each and every year, including
the year of granting the franchise, according to the "franchise
payment period" as defined in this ordinance, in either of the
following amounts, whichever is greater:
(a) Four percent (4\) of the gross annual receipts of
the franchisee arising from the use, operation,
or possession of the franchise, or
(b) An amount based upon the size and length of the
pipeline calculated as follows:
Pipelines with an Amount per
Internal Diameter of Linear Foot
0-4 inches 12 cents
6 inches 16 cents
8 inches 22 cents
10 inches 25 cents
12 inches 30 cents
14 inches 35 cents
16 inches 40 cents
18 inches 50 cents
20 inches 55 cents
22 inches 60 cents
24 inches 70 cents
26 inches 75 cents
2B inches BO cents
30 inches B5 cents
The rate applicable to pipelines with an internal diameter
falling between two (2) incremental size categories shall pay a
fee determined by adding the price corresponding to the lower
size to a figure computed by multiplying the difference between
the higher and lower price times the "multiplier." The "multi-
plier" shall be determined by dividing the difference between
the two (2) size categories. In determining the number of feet
of pipeline upon which the annual fee will be computed, the
greatest number of feet of pipeline covered by the franchise
durinng the calendar year for which payment is due will be
.
Ordi nance Number 1.2~a
used. A penalty at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date shall be charged, but
in no event shall said penalty exceed fifty percent (50%).
3. The City reserves the right to adjust the base fees
established hereunder at any time after the effective date of
the ordinance granting a franchise, but the base fees
applicable to anyone franchise may only be changed two (2)
times during the life of that particular franchise.
C. Base Construction Charges
The holder of the franchise shall pay at the time of
installation, relocation, or replacement of any pipeline or
other facility covered by the franchise, a base construction
charge of two thousand three hundred fifty dollars ($2,350.00)
for each one-half (i) mile of pipeline or fractional part
thereof installed, replaced or relocated on major streets and
one thousand five hundred fifty dollars ($1,550.00) per one-
half (l) mile or fractional part thereof, on minor streets.
The City reserves the right to change the base fees established
hereunder at any time after the effective date of the ordinance
granting a franchise, but the base fees applicable to anyone
franchise may only be changed two (2) times during the life of
that particular franchise.
D. Adjustments
The amount of each base fee provided under subsections
B(l) and C of this Section shall be revised at the time payment
is due hereunder in accordance with the following formula:
I
1. If ninety (90) days prior to the date on which
payment from the franchise holder shall be due the Consumer I
Price Index, for all Urban Consumers, Los Angeles-Long Beach-
Anaheim area, (1967 equals 100.0) prepared by the united States
Bureau of Labor Statistics, Department of Labor, shall stand at
a level different than the "base level" (as defined herein-
after) then the rate of payment to the City shall vary from the
hereinabove amounts in direct proportion as said Index has
increased or decreased from the "base level." "Base level" for
the purposes of this section shall be the level of the Index on
December 31, 19B4.
2. If said Bureau shall discontinue the preparation
of said Consumer Price Index using prices prevailing during the
year 1967 as the base of 100, and if no transposition table
prepared by said Bureau is available which is applicable to
said year, 1967, then the amount of each annual payment shall
be computed by using the most nearly comparable successor index
thereto.
3. In no event shall any fee less than the base fees
established by subsections Band C of this section be charged.
Sec. 16B-31. Proration of payments. In the event of
abandonment of facilities with the approval of the City as
elsewhere in this Chapter provided, or in the event of removal I
of such facilities by the Franchisee, or in the event of the
grant of a franchise with an initial franchise payment period
of less than one (1) year, the annual franchise fee required
under subsections A and B of Section 16B-30 of this Chapter
shall be prorated for the calendar year in which such removal
or abandonment or grant occurs as of the end of the calendar
month in which removed, abandoned or granted.
Sec. 16B-32. Records Franchisee shall keep and preserve
for a period of five (5) years subsequent to the date of the
most recent franchise fee determination all the records
necessary to determine the amount of such franchise fee.
Ordinance Number /.2,,;j
\.. tR".
I
At all reasonable times, the Franchisee shall permit the
City or its duly authorized representative to examine all
property of the Franchisee erected, constructed, laid, operated
or maintained pursuant to the franchise, together with any
appurtenant property of the Franchisee, and to examine and
transcribe any and all books, accounts, papers, maps, and other
records kept or maintained by the Franchisee or under its
control which concern the operations, affairs, transactions,
property or financial condition of the Franchisee with respect
thereto. Said records shall be made available to the City at a
location in the County of Orange.
PART III. CONSTRUCTION
Sec. 16B-40. Construction requirements. Pipelines and
appurtenances shall be constructed and maintained in a good
workerlike manner in conformity with the terms and conditions
of Chapter 20 of this Code, or any other ordinance, rule or
regulation, now, or as hereafter amended, adopted or prescribed
by the City. All pipes laid under the franchise shall be of
first-class material. All pipelines and appurtenances will be
installed in accordance with the latest revision of the
"American Standard Code of Pressure Piping ASA B31.4" and
Chapter 20 of this Code.
I
Sec. 16B-41. New installation or replacement. New
installations or replacements of pipelines and appurtenances
and all other facilities necessary for the installation, opera-
tion, maintenance, and safety of pipelines and conduits shall
be laid and maintained only pursuant to permit issued by the
Engineer. All such installations or replacements shall be
reviewed by the Engineer as to the most desirable location in
the streets of the City and the Engineer's decision shall be
final and binding on the Franchisee.
Sec. 16B-42. Permits. Where the provisions of Chapter
20 of this Code, or the provisions of any other ordinance, rule
or regulation, which shall be in force at that time, require
the issuance of an excavation, encroachment or other type of
permit, the Franchisee shall not commence any excavation or
encroachment work under the franchise until it shall have
obtained such permit from the Engineer except in cases of
emergency affecting public health, safety or welfare or the
preservation of life or property, in which case the Franchisee
shall apply for such permit not later than the next business
day.
I
The application of the Franchisee for such permit shall
show the following facts: the length and proposed location of
the pipeline and/or appurtenance intended to be used, and such
other facts as the Engineer may require. The Franchisee shall
pay any and all permit inspection fees to the Engineer.
Sec. 16B-43. Work on and restoration of streets. The
work of constructing, laying, replacing, maintaining, repairing
or removing all pipelines and appurtenances authorized under
the provisions of this Chapter in, over, under, along or across
any street shall be conducted with the least possible hindrance
to the use of the street for purposes of travel, and as soon as
such work is completed, all portions of the street which have
been excavated or otherwise damaged thereby shall promptly and
in a workerlike manner be repaired, replaced or restored and
placed in as good condition as the same was before the
commencement of such work. Such restoration, repair or
replacement work shall be done to the satisfaction of the
Engineer at the expense of the Franchisee, and in accordance
with the terms and conditions of Chapter 20 of this Code.
Ordinance Number~O~
In the event that the Franchisee shall fail or neglect to
make such street repair, replacement, or restoration work, then
ten (10) days after notice therefor has been given Franchisee
by the Engineer, the City may repair, replace or restore said
street at the expense of Franchisee. Franchisee agrees to pay
to the City the cost of performing such work. The amount so
chargeable shall be the direct cost of such work plus the
current rate of overhead being charged by the City for
reimbursable work.
I
Sec. 16B-44. Failure to timely comply. In the event
that the Franchisee fails to complete the work within the time
specified in the permit, the City may require the Franchisee to
pay to the City not more than two hundred dollars ($200.00) per
day as liquidated damages for each day construction extends
beyond the time specified in the permit.
Whenever the Franchisee fails to complete any work
required by the terms and conditions of the franchise, and the
permits issued thereunder, within the time limits required
thereby, the City may complete or cause to be completed any and
all such work at the expense of the Franchisee. The Franchisee
agrees to pay to the City the cost of performing such work.
The amount so chargeable to Franchisee shall be the direct cost
of such work plus the current rate of overhead being charged by
the City for reimbursable work.
Sec. 168-45. Completion statement. Upon the completion
of the construction of any pipelines or appurtenances
constructed pursuant to said franchise, the Franchisee shall
submit a statement to the Engineer, identifying the permit or
permits issued by the Engineer, the total length of pipeline,
the construction of which was authorized under such permit or
permits, and the total length of pipeline or appurtenance I
actually laid.
Sec. 16B-46. Responsibility. The Franchisee shall be
responsible to the City and shall save the City, its officers,
agents, and employees, free and harmless from all damages or
liability arising from any damage or injury suffered by any
person by reason of any excavation or obstruction being
improperly guarded during any work authorized pursuant to the
franchise or the failure or neglect of the Franchisee to
properly perform, maintain, or protect any phase of such work.
Sec. 16B-47. Appurtenances. The Franchisee shall have
the right to construct, maintain and repair such traps,
manholes, conduits, valves, appliances, attachments and
appurtenances (hereinafter collectively referred to as
"appurtenances") as may be necessary or convenient for the
proper maintenance and operation of the pipelines under said
franchise, and said appurtenances shall be kept flush with the
surface of the street and so located as to conform to any
ordinance, rule or regulation of the City, or of any permit
issued by the Engineer in regard thereto and shall not
interfere with the use of the street for travel. The
Franchisee shall have the right subject to such ordinances,
rules or regulations as are now or may hereafter be in force,
to make all necessary excavations in said streets for the I
construction, maintenance and repair of said appurtenances;
provided, however, that the Franchisee shall first obtain an
excavation permit from the Engineer for doing of any such work.
Sec. 16B-48. Ordinary repair. The Franchisee shall be
privileged to excavate in the road or street for line repair
for the number of days agreed upon by the Franchisee and the
Engineer; provided, however, that the Franchisee shall first
obtain an excavation permit from the Engineer for the doing of
any such work.
Ordinance Number t2D3
. )'
~ . .
Sec. 16B-49.
Relocation of pipelines and appurtenances.
I
A. The City reserves the right to change the grade, to
change the width or to alter or change the location of any
street over which the franchise is granted. If any of the
pipelines, facilities or appurtenances heretofore or hereafter
constructed, installed or maintained by the Franchisee pursuant
to the franchise on, along, under, over, in, upon or across any
street are located in a manner which prevents or interferes
with the change of grade, traffic needs, operation,
maintenance, improvements, repair, construction,
reconstruction, widening, alteration or relocation of the
street, the Franchisee shall relocate permanently or
temporarily any such facility at no expense to the City upon
receipt of a written request from the Engineer to do so, and
shall commence such work on or before the day specified in such
written request which date shall be not less than thirty (30)
days from receipt of such written request. Franchisee shall
thereafter diligently prosecute such work to completion.
B. The City reserves the right for itself, and all
other public entities which are now or may later be establish-
ed, to lay, construct, repair, alter, relocate and maintain
subsurface or other facilities or improvements of any type or
description within the streets over which the franchise is
granted. If the City or any other public entity finds that the
location or relocation of such facilities or improvements
conflicts with the facilities laid, constructed or maintained
under the franchise, whether such facilities were laid before
or after the facilities of the City or such other public entity
were laid, the Franchisee of such franchise shall at no expense
to the City or public entity, on or before the date specified
in a written request from the Engineer, which date shall be not
less than thirty (30) days after the receipt of such notice and
request to do so, commence work to change the location either
permanently or temporarily of all facilities so conflicting
with such improvements to a permanent or temporary location in
said streets to be approved by the Engineer and thereafter
diligently prosecute such work to completion. If such street
be subsequently constituted a state highway, while it remains a
state highway the rights of the State of California shall be as
provided in Section 6BO of the Streets and Highways Code of the
State of California.
I
I
Sec. 16B-50. Breaks or leaks. If any portion of the
street shall be damaged by reason of breaks or leaks in any
pipe, conduit, or appurtenance constructed or maintained under
the franchise, the Franchisee thereof shall, at its own
expense, immediately following written or oral notification
thereof, promptly repair any such damage and put such street in
as good condition as it was in before such damage or leak, all
to the satisfaction of the Engineer. The Franchisee shall
obtain an excavation permit from the Engineer for the doing of
any such work.
Sec. 16B-51. Emergency equipment. At all times during
the term of this franchise, the Franchisee shall maintain or
arrange for, on a twenty-four (24) hour a day basis, adequate
emergency equipment and a properly trained emergency crew
within a radius of twenty-five (25) miles from any facilities
installed or maintained pursuant hereto for the purpose of
shutting off the pressure and the flow of contents of such
facilities in the event of an emergency resulting from an
earthquake, act of war, civil disturbance, fire, flood, or any
other cause or nature whatsoever.
Ordi nance Number 1..2()~
Sec. 16B-52. Expiration of franchise.
A. At the expiration, revocation or termination of this
franchise or of the permanent discontinuance of the use of all
or a portion of its facilities, the Franchisee shall, within
thirty (30) days thereafter make written application to the
City for authority either: (1) to abandon all or a portion of
such facilities in place: or (2) to remove all or a portion of
such facilities. The Engineer shall determine whether any I
abandonment or removal which is thereby proposed may be
effected without detriment to the public interest and under
what conditions such proposed abandonment or removal may be
safety effected. He shall then notify the Franchisee of his
determination.
B. Within thirty (30) days after receipt of such
notice, the Franchisee shall apply for a permit from the
Engineer to abandon or remove the facility. Such permit is to
contain the conditions of abandonment or removal as may be
prescribed by the Engineer.
The Franchisee shall, within ninety (90) days after
obtaining such permit commence and diligently prosecute to
completion, the work authorized by the permit.
Sec. 16B-53. Failure to comply.
A. If any facilities to be abandoned "in place" subject
to prescribed conditions shall not be abandoned in accordance
with all such conditions, the Engineer may make additional
appropriate orders, including an order that the Franchisee
shall remove any or all such facilities. The Franchisee shall
comply with such additional orders.
B. In the event that the Franchisee shall fail to comply I
with the terms and conditions of abandonment or removal as may
be required by this Chapter and within such time as may be
prescribed by the Engineer, then the City may remove or cause
to be removed such facilities at the Franchisee's expense. The
Franchisee shall pay to the City the cost of such work plus the
current rate of overhead being charged by the City for
reminbursable work.
C. If, at the expiration, revocation or termination of
this franchise, or of the permanent discontinuance of the use
of all or a portion of its facilities, the Franchisee shall,
within thirty (30) days thereafter, fail or refuse to make
written application for the abovementioned authority, the
Engineer shall make the determination as to whether the
facilities shall be abandoned in place or removed. The
Engineer shall then notify the Franchisee of his determi-
nation. The Franchisee shall thereafter comply with the
provisions of subsection B of Section 16B-51 of this Chapter.
Sec. 16B-54. Abandonment "in place" conditions.
Facilities abandoned "in place" shall be subject to the
condition that if, at any time after the effective date of the
abandonment, the Engineer determines that the facility may
interfere with any public project, Franchisee or its successor I
in interest must remove the facility at its expense when I
requested to do so by the City or to pay City for the cost of
such removal.
PART IV. SPECIAL PROVISIONS FOR OIL PIPELINES
Sec. 16B-60. Rights granted. The Franchisee granted an
oil pipeline franchise shall have the right during the life
thereof to transport oil, gas, gasoline, petroleum, wet gas,
I
I
I
Ordinance Number /.2.tJ3
:- ,'.
. . ,
I
hydrocarbon substances, water, waste water, mud and other
liquid substances through the pipeline maintained under the
franchise. If the Franchisee or assignee later qualifies
before the Public Utilities Commission of the State of
California as a common carrier, the Franchisee or assignee
shall then have no right to continue to operate hereunder after
the date of such qualification except with the consent of the
Council, granted upon such additional terms and conditions as
the Council may deem proper. Such additional terms and
conditions shall be expressed by ordinance.
Sec. 16B-61. Materials used. All pipelines used or to
be used for the transportation of oil, gas, gasoline,
petroleum, wet gas, hydrocarbon substances or other flammable
liquid, shall be first class and standard material as set forth
by current American Petroleum Institute pipline specifications.
Sec. 16B-62. Approvals. On any pipeline laid pursuant
to the franchise, the Engineer shall approve where flush-valve
connections shall be placed in the line. The availability of
adequate water supplies, the commodity transmitted in the line,
and the location of control valves shall be considered when
making such determination. Such flush-valve connections shall
be installed in the manner prescribed by the Engineer.
Sec. 16B-63. Reports. The Franchisee during the life of
the franchise, within ninety (90) days after the expiration of
each franchise payment period, shall:
A. File with the Engineer two (2) copies of a report
verified by the oath of the Franchisee or by the oath of a
duly authorized representative of the Franchisee showing for
the immediately preceding franchise period, the total gross
receipts of the Franchisee received or accrued in connection
with the furnishing of the commodity or service arising from
the use or operation of the franchise, together with such
additional data as is necessary in the opinion of the Engineer
to calculate or verify the calculation of the annual payment
required by Section 16B-30(B) of this Chapter (or the pro rata
amount thereof for the first period if less than one year) and
which payment shall be paid within fifteen (15) days after said
ninety (90) day period. In the event the amount paid is
incorrect in the judgment of the City, it may order the payment
of such additional sum as it may find thereunderl and if not
paid, or if paid under protest, the same may be determined by
sui t.
B. File with the Engineer a report in triplicate, showing
the permit number of each permit obtained for the installation
of new mains during the immediately preceding franchise payment
period, together with the length and size of said mains. On
this report the Franchisee shall show any change in franchise
footage since the last franchise payment period segregating
such footage as to new mains laid, old mains removed, old mains
abandoned in place, and the footage of mains in territory
annexed or incorporated since the last franchise payment
period.
Sec. 16B-64. Payment due. Except for pipelines lawfully
maintained other than by the authority granted by the
franchise, the annual payments shall accrue from the respective
dates of installation, whether before or after the effective
date of the ordinance granting the franchise, and such
payments, together with the initial construction charges, if
any shall be due and payable annually.
Sec. 16B-65. Nonapplicability. Sections 16B-60, 16B-63,
and 16B-64 of this Chapter do not apply to public utilities.
Ordinance Number~~
PART V. PUBLIC UTILITIES
.
Sec. 16B-70. Reports to engineer.
A. The franchisee of any franchise awarded to a public
utility shall file with the Engineer for each franchise payment
period, within ninety (90) days after such period, two (2)
copies of a report verified by the oath of the manager, or any I
responsible officer of the Franchisee (except where the
Franchisee is an individual, in which case the report shall be
verified by the oath of the Franchisee) showing the total gross
receipts of the Franchisee for the franchise payment period,
received or accrued in connection with the furnishing of the
commodity or service arising from the use or operation of the
franchise, together with such additional data as is necessary
in the opinion of the Engineer to calculate or verify the
calculation of the annual payment required by Section 16B-30(A)
(or the pro rata amount thereof for the first period if less
than one year) and which payment shall be paid within fifteen
(15) days after said ninety (90) day period. In the event the
amount paid is incorrect in the judgment of the City, it may
order the payment of such additional sum as it may find
thereunder; and if not paid, or if paid under protest, the same
may be determined by suit.
B. Within ninety (90) days after the expiration of each
franchise report period, the Franchisee shall file with the
Engineer a report in triplicate, showing the permit number of
each permit obtained for the installation of new mains during
the immediately preceding franchise report period, together
with the length and size of said mains. On this report the
Franchisee shall show any change in franchise footage since the
last franchise report period, segregating such footage as to I
new mains laid, old mains removed, old mains abandoned in
place, and the footage of mains in territory annexed or
incorporated since the last franchise.
Sec. 16B-71. Payments. The Franchisee, during the life
of the franchise, shall make annual payments to the City, as
provided in Subsections A, C, and 0 of Section 16B-30 of this
Chapter.
PART VI.
SPECIAL PROVISIONS FOR GAS PIPELINES
Sec. 16B-BO. Rights granted. The Franchisee shall have
the right, during the period covered by the franchise and
subject to the terms and conditions thereof, to make service
connections with all property in the City adjoining streets and
to furnish and distribute gas through said pipes and pipelines
to all territory in the City adjacent to said pipelines for any
purpose.
Sec. 16B-al. APproval. On all pipelines carrying gas
heavier than air laid pursuant to the franchise, the Engineer
shall approve where flush-valve connections shall be placed in I
the line. The availability of adequate water supplies, the
commodities transmitted in the line, and the location of
control valves shall be considered when making such
Ordi nance Number /~()~
....,
determination. Such flush-valve connections shall
in the manner prescribed by the Engineer.
PASSED, APPROVED AND ADOPTED THIS ./.3'i! DAY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
installed
, 1986.
I
ATTEST:
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the foregoing Ordinance
is the original copy of Ordinance Number /;ZO~ on file in
the offic~ o~ the City Cle~' tro~u~e~at a meeting held
on the 02.:)L'- day of _t!u ~ ' 1985, and
passed, a ed and adopte by the C~ty Council of the L/
City of S al each at a meeting thereof held on the ;I~~
day of 1986 by the fo lowin ote: 1-
AYES: t- ~~...)
I
NOES:
ABSENT: Councilmembers
and do hereby further certify that Ordinance Number ;I~o~
has been published pursuant to the Seal Beach City Charter
and Resolution Number 2836.
I
Ordinance Number ~!J
PROOF OF PUBLICA liON
(2015.5 C.C,P.)
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or Interested In the above-entitled matter, I
am the principal clerk of the printer of the
Sl!aL Bl!:Aell J OUllN AL
....................................................
....................................................
a newspaper of general circulation. printed
and published .. ~t~J.c.~1.......................
In the City of .~'II.L!J.'M",...............~
County of Orange. and which news-
paper has been adjudged a newsPaper
of general circulation by the Superior
Court of the cbunty of Orange. State of
California. under thedateoCQ,.Cl..,.. 19!1.?,
Case Number .MJ.?:itl.:t.....; thatthenotlce.
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: De b 4th
cem er ,
....................................................
all In the year 19.~~..
I certify (or declare,) under penalty of
perjury that the foregoing Is true and
correct.
.
Seal Beach
Dated at .........................................
.
. ,9th JaR B6
California, thiS... .... .da of........, 19.....
....... fM (11 , :, law.........
"'f)f)/~v Ig a
P.... c..I...f '''.1 bl.nk form 1'1I1, lie ..cu......nun:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Wea' Second $"'. Los Angeles. Calif, 90012
Telephone: (2131625.2541
Pl.... ,..u"' GeN I: .AL PtDD'" Pullllcltlo.
wh.n ,rd.,ln. .tI.. form.
,--
This space Is for the County Clerk's FilIng Stamp
f
Proof of Publication of
SLX'I..l.i<Y - OUDINANCE: l'<DIf:l~R 1203
I
nn:LIJ\t..: F:1AXCfll:;I!:S
...~......................................................
..........................................................
Paste Clipping
of Notice
SECURELY
In This Space
~ '. "Jt,
_.ORDDIANCE_ "
'203 PFB.INE FlWICIlISES ;;
Ordinance Number 1203 of the City of .,
Seal Beach, California, adds Chaptwr ~
16B to the Code of the City of Seal::
Beach. and establIShes r8IUlaboM '
~cemlnl pipeline franchises. 0..-:\,
dlRance Number 1203 was mtnJduc..~'
ed at the reau" City Council meetin....
ofNov 25,1985, hrstreadlfllofOr-..
dlnanee Number 1203 appRMd bJt:l
the followlnl vote: ~ . :i-
AYES, Brownell; Clift, Risner.:
Wilson t1J
NOES, N.... ~
ABSENT: 0..- MatJan carrieclt'
Ordinance Number 1203 wtll re<:eNI:~-;'
second reachfll and be considered for;J
adoptIOn at the regul. City Cauncll~
meetl"lof Monday, Dec. 9. 1985..~
CopIeS of Qrdinn:e Number 1203 _, ~
available In the ofhce of the City CIertt:, .:I.
c.ly Hall. 211 E..." Slreol, ....12131~
431-2527 . I ;
DATED THIS 27b1'dIy of November, +
1985. . :J
Joanne M Yea. City Clerk' , ....
City of 58 Beach' . i...
Dec. 4. 1985 >~
Publ_ .. IIIe Sell Ileach Jou....:'<i
" ...
I
I
I
I
I
Ordi nance Number a,,3
PROOF OF PUBLICATION
(2015.5 C.C.P.)
/
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; l.am over
the age of eighteen years. and not a party to
or Interested In the above-entitled matter, I
am the principal clerk of the printer of the
SEAL BJ::AeU JOUllNAL
....................................................
....................................................
a newspaper of general circulation. printed
and published .. ~'~\t.~l......................
In the City of .~'AL~l!,.qh................~.
County of Orange. and which news,
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date of. P.'.IlI;.. 19 !l.'t,
Case Number . M\?:i~.~.....; that the notice.
of which the annexed Is a printed copy (set
in type not 'smaller fhan 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:
December 18th,
....................................................
all In the year 19..e~.
I certify (or declare.) under penalty of
perJury that the foregoing Is true and
correct .
Seal Beach
[)at~ at.........................................
California. thl~, .~~~ ..
Fr.. c...... of .ft.. bllnll. ta,", "'Y lie .lcurN from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising Clearing House
120 Well Second Sl~. Los Angeles. Calif, 90012
Telephone: 12131625-2541
fll.........u..'OENERAL Proof.. PoItllc.floll
WMn or.rfRe IItII form.
~
This space Is for the County Clerk's Filing Stamp
.
Proof of Publication of
SIDU-lA!~Y - OlIDI NAl\CE "1;~fB:';R 1203 i,ST.\IlLl S;,-
..........................................................
ING R!~GULATION - PIPELINE F'IV.~:CHJSi!:S
...;..~...................................................
Paste Clipping
of Notice
SECURELY
In This Space
r.-.___
~~-. 1203 ElT_1NG
'1:, _. REGULAT10N - PlPEUNE
.;" ---.
!' OIlIilllnCe NU_I203 01 the Cdr of
!! SuI BeacI1,ClII_io.IlfdI"~
.. 161 ID the Code of the Cdr of Sui
-But:h, establish.ng "'IUlMaons con-
~in. ptpellne franchiHS. WIS
IdIeduIed for S8CCIhd raadins Md
~n at the rqulltl' c.ty CounCil
llIOObna of Ilecembw 9. 1985. Or.
dinllN:e Number 1203 WIS held owr
. until the ,.". meetln. of January
'13, 1986 by the IollowmlWlle.
. AYES._.CbIt. ~R.....,..
. Wilson
. ' -NOES: None Motion earned
f'tap,es ~ Ordmance Number 1203 n
t~ IVIllable In the office of the offICe of
r.the City CIO!l<. CIty Hall. 211 - 8th
,Street. Seal Beach.
!;OATED THIS 10th .1-. of December -
1985. -, .
~'Joinne M. Yeo, City Clerk
~ CIty of Sui Beach
. Dec:embw IB, 1985
~ Published 1(1 The Seal Belch Journal
. - -. .
~: Q,-..;.o~
Ordinance Number I'~~~
.
PROOF OF PUBLICATION
12015,5 C.C,P.I
STATE OF CALIFORNIA.
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above.entitled matter, I
am the princ.ipal clerk of the printer of thtP
SEAL SUeR JOURNAL
....................................................
....................................................
a newspaper of general circulation. printed
and published .. ,"'~'.~1-.:r......................
. Seal Beach
In the City of ..................................
County of Orange. and which news-
. paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange. State of
California. under the date Of.>>IlCA-.. 191\7..
Case Number ..M~~,:'.....; that the notice.
of which the annexed is a prInted copy (set
In type not Ismaller 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:
January 22,
....................................................
B6
all in the year 19......
I certify lor declare,l under penalty of
perlury that the foregoIng Is true and
correct .
Dated at, ..~~~.~..~~.~~~., .....................
. 30th f Jan. 86
:.I::o~~M~.,?l'rnl.'.;.~.~.:~.~~..~.
f;'ltl:)f~'at~V
"ree cople. 01 this blanll form mlY 1M ..cured 'rtIm:
CALIFORNIA NEWSPAPER SERVICE
BUREAU. INC.
Legal Advertising ClearIng House
120 Wesl Second Sl~. Los Angeles. Calif. 90012
Telephone: (2131625-2541
PI.IM rique.. GENERAL proo' of Publlcetlon
when ,rd"... '1111 'orm.
This space is for the County Clerk's Filing Stamp
I
Proof of Publication of
SID;~IARY - OlmHiANCE Nl'Joii.lF.[~ 1203
..........................................................
I!:STAIJLISHlXG ;,r;GL'L.\TIONS _ rIPELHe FRI.\'CI!ISE
..........................................................
Paste Clipping
~ of Notice
SECURELY
In This Space
_-__BEll .
.203 EST_ilia -
IlEllULAT10NS - ....B.INE
FllANCH1SE8
0.......... Nu.- 120301 tile Cdyof .
Seal Beach. Cailfomal, lekS.. ChapbI' .
168 to Ihe Code ot the City of Seal.
Belch, est8bllshml JeILIlabons con- .
cemlRI .,tpellM fnlnchlSeS. ~81ftd l
second MId... and was ICklpted at the
n!lUlar City Caunal meebnld JlnuIrY ~
13. 1986 by the foil_In&: vote: ~
AtE'S, BtowneII, ClIft. Grps. RISI'IeI'. .
Wilson:' "
NOES, None Motian earned .
CopI8S of QRhftlftCe Number 1203..
avail'" .... the office of the office of
the City Clerk. CIty ......211. 8th,:
5'..... SoaI 8ue11, .._ 12131.
431.2527 ....
DATED THIS IC'" .. of JanulfY.
.986 '
Joanne Y. V... Cdy CIIrk
City of Seal Beach ..' ~ .1
JanUBIY 22. 1916
P;lbIlstM!d In The'" &.ch Jou~'l,
_.--~
I
I
I