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Home My WebLink AboutCC Ord 953 1975-04-14 , " . " I I I. , . .' ORDINANCE NUMBER qrfl AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, FRANCHISE AND PRIVILEGE FROM TIME TO TIME FOR A PERIOD OF TWENTY- FIVE YEARS, FROM AND AFTER THE DATE UPON WHICH THE FRANCHISE SHALL BECOME EFFECTIVE, TO LAY OR CONSTRUCT, OPERATE, MAINTAIN, 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, TRANSPORTING, CONVEYING AND CARRYING GAS, OIL, PETROLEUM, WATER AND OTHER SUBSTANCES WHICH ARE NOT MORE HAZARDOUS THAN THE AFORESAID SUBSTANCES ON, ALONG, IN, UNDER, AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF SEAL BEACH, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND USE A PRIVATE COMMUNICATION SYSTEM IN CONNECTION WITH THE OPERA- TION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions. Whenever in this Ordinance the words or phrases, hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context herein 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 reincor- porated form; C. The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist in said City. Section 2. Franchise. The r1gh~ privilege and franchise subject to each and all of the terms and conditions contained in this Ordinance pursuant to and upon the terms and conditions of the Charter of the City of Seal Beach be and the same is hereby granted to Southern California Edison Company, a corporation organized and existing under the laws of the State of California, its successors and assigns, to lay or construct and to maintain, operate, repair, change the size of, remove or abandon in place, a system of pipelines, together with such valves, fittings, manholes, vaults, pumps and other appliances, appurtenances, 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, pil, petroleum, water and other substances which are not more hazardous than the aforesaid sbustances on, along, in, under and ~ I " : ., ~ Ordinance Number S?~E3 Page Two I across the public streets, ways, alleys and places within the City of Seal Beach, together with the right to construct, operate, maintain and use a private communication system consisting of existing poles, crossarms,: conductors; wires, communication circuits, and all other necessary or con- venient appliances or attachments to be used in connection with the operation and maintenance of said system of pipelines and appurtenances as aforesaid on, along, in, under, over and across the pUblic streets, ways, alleys, and places within the City of Seal Beach. Section 3. ~ew Facilities to be Constructed Underground. ~othing in' this.Ordinance shall .be construe9 to p~nvit the Grant~e to construc~ new poles above ground. The Grantee.may use existing p~les for such.communications but in'the event there are no poles ~~isting. G~~~~e~' shall construct a~l new communications fa~iliti~s underground. I Section 4. Termination. The term of this franchise shall be for a period of twenty-five (25) years from and after its effective date, or until, with the consent of the City, it is voluntarily surrendered or abandoned by the Grantee, or until the State or some municipal or public corporation 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 situated within the territorial limits of the state, municipal or public corpora- tion purchasing or condemning such property, or until this fran- chise is forfeited for noncompliance with its terms by the Grantee. Section 5. Workmanlike Construction. The system for conducting, transporting, conveying and carrying gas, oil, petroleum, water and other substances to be constructed and operated under this franchise shall be built and constructed in a good and'.workmanlike manner using good material and any and all pipelines laid, located or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, ways, alleys, and places by the traveling public, or for public purposes, to any greater extent than reasonably necessary; and in laying said pipelines, the Grantee shall make and backfill all excavations in such manner and way as to leave the surface and public street, way, alley or place in the same condition it was in prior to said excavation. 1 Section 6. Franchisee to Conform with Legal Requirements. The Grantee will conform to the statutes of the State of California and such regulations, instructions, and directions as the City Council may by ordinance or resolution require, providing that said instructions and directions of said City Council are not in con- flict with any paramount authority of the State of California. As to the State highways, Grantee will conform to the provisions of the general laws relating to the location and maintenance of fa- cilities therein. , ' . ' Ordinance Number Sf~~ Page Three I Section 7. Damage to Public Facilities. Any damage done directly in or directly to any public property by Grantee in exercising directly or indirectly any right, power, or privilege under this franchise when performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by Grantee at its sole cost and expense. Section 8. City's Right to Improve Public Property. The Grantee shall remove or relocate without expense to the City, facilities installed, used and maintained under the franchise, if and when made necessary by any lawful change of grade, alignment or width of any public street, way, sewer or storm drain, alley or place, including the construction of any subway or viaduct. Section 9. Indemnity. The Grantee shall indemnify and hold harmless the City and its officers from any and all liability for damage proximately re- sulting from any operations under this franchise. Section 10. Franchise Fee. The Grantee shall, during the life of this franchise, pay to the City of Seal Beach in lawful money of the United States, and in the manner provided by law, two percent (2%) of the gross annual receipts of the Grantee arising from the use, operation or possession of this franchise within the City of Seal Beach. Section 11. Payment of Fee. The Grantee hereofshall file with the clerk of said City within three (3) months after the expiration of the calendar year or fractional year following the date of the granting of this fran- chise and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year arising from the use, operation or possession of this franchise during said preceding calendar year. Such Grantee shall pay to said City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for the calendar year or such fractional calendar year covered by said statement. Any neglect, omission or refusal of said Grantee to file said verified statement or to pay said per- centage at the time or in the manner herein before provided, shall be grounds for the forfeiture of this franchise and all rights of Grantee hereunder. I 1 Section 12. Franchise Not Assignable. The Grantee shall not sell, lease or assign this franchise or the rights or privileges granted hereby or any of them without the consent of the City Council nor shall this franchise be sold, leased or assigned except by duly executed instrument in writing filed in the office of the City Clerk. Nothing contained in this franchise shall be construed to grant to the Grantee any right to sell, lease or assign this franchise or any of the rights or privileges hereby granted except in the manner aforesaid. " .' ' I I 1 Ordinance Number S7~ Page Four Section 13. Forfeiture. Any neglect, failure or refusal of the Grantee to comply with any of the conditions of this franchise within ten (10) days after written demand for compliance may cause a forfeiture hereof and City, by its City Council, may thereupon declare the franchise forfeited and this franchise shall be deemed and shall remain null, void and of no effect. Section 14. City's Right of Eminent Domain. The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee either by purchase or through the exer- cise of eminent domain and nothing herein shall be construed to contract away or to modify or abridge either for a term or in perpetuity the City's right of eminent domain in respect to the Grantee or the property of Grantee. Section 15. Bond. 'The City may require 'the ~rantee to file with a corporate surety authorized to conduct a surety business in the State of California, in a form approved by the City Attorney for the City, a bond in the penal sum of ten thousand dollars ($10,000.00) upon the condition that the Grantee shall well and truly observe, fulfill and perform each term and condition in said franchise and in the case of any breach of condition of said bonds, the amount of the penal sum therein named shall be recoverable from the principal and surety upon said bond. Said bond, if r~quired, shall be filed with the City Clerk within five (5) days after the request for the same. If, after being required, such bond is not so maintained and kept on file, or if it does not receive the approval of the City Attorney, this franchise may be fotfeite~' and' any money paid to the City i'n 'connection therewith shall be retained by the City. Section 16. Extenses. The Grantee sha 1 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. Said payment shall be made within thirty (30) days after the City furnishes the Grantee with a written statement of such expenses. Section 17. Map. The Grantee shall file a map in such form as may be required by the Director of Public Works, showing the location, length and size of all its franchise facilities within the City. Such map shall be kept current by the Grantee and within sixty (60) days after any facilities are installed, relocated, removed or aban- doned under this franchise, a new map reflecting these changes shall be transmitted:, by the Grantee to the Director of Public Works. Section 18. Acceptance. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the Grantee with the City Clerk of said City. , , , . I I 1 . . , . " ' Ordinance Number ~~~ Page Five Section 19. Publication. The City Clerk shall cause this Ordinance to be published once within fifteen (15) days after its passage and posted in three (3) public places within the City. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting thereof held on the' I~~ day of rJ'.,<J-'tLL- , 1975. , -- Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) AYES: NOES: '- VACANCY: ABSENT: Councilmen