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HomeMy WebLinkAboutCC Ord 601 1962-02-05 I I I CITY OF SEAL BEACH ORANGE COUNTY, CALIFORNIA ORDINANCE NO. 601 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, GRANTING T~ CALIF~IA GAS TRANSMISSION COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, RENEW, REPAIR, CHANGE THE SIZE OF AND REMOVE OR ABANDON IN PLACE A PIPELINE, NECESSARY OR CON- VENIENT FOR THE GRANTEE IS BUSINESS IN, UNDER, OVER, ALONG, OR ACROSS CERTAIN PUBLIC STREETS, ALLEYS AND_WAYS DEDICATED TO PUBLIC USE IN THE CITY OF SEAL BEACH. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION ONE Whenever in this ordinance the words or phrases herein- after 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 assignsj (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 formj The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said Cityj The word "Engineer" shall mean the City Engineer of the City; The word "Gas" shall mean natural or manufactured gas, or a mixture of naturan and manufactured gas; The phrase "Pipe and Appurtenances" shall mean pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, cathodic protection equipment, appurten- ance 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 gas. The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace or remove. (c) (d) (e) (f) (g) SECTION TWO The right, privilege and franchise, subject to each and all of the terms and conditions contained 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 CALIFORNIA GAS TRANSMISSION COMPANY, a corporation organized and existing unde~ -1- I I I Ordinance Number and by virtue of the laws of the State of California, herein re- ferred to as the "Grantee", to lay and use a'pipeline and appur- tenances for transmitting 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 it~ possessor, or until the state of California or some municipal or public corporation thereunto duly authorized py law shall pruchase 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 THREE The Grantee shall pay to the City at the times hereinafter speci~ied, in lawful money of the United States, a sum annually which shall be equivalent to two per cent (~) of the gross annual receipts of Grantee arising from the use,operation or possession of this franchise; provided, however, that such payment shall in no event be less than one per cent (1%) of the gross annual receipts of the Grantee derived from the sale within the limits of the City of the utility service for which this franchise is awarded. The Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, 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 the Grantee, its successors or assigns, during the preceding calendar year of such fractional calendar year, from the sale of the utility service within the City for which this franchise is granted. The Grantee shall pay to the City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year or such fractional calendar year, covered by such statement. Any neglect, omission or refusl by the Grantee to file such verified statement, or to pay said percentage, at the times or in the manner 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 by any successor of the Grantee to any rights under this franchise, for transmitting gas within the limits of the City, as said limits now or may hereafter extis, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the 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; provided, -2- I I I Ordinance Number however, that acceptance shall be deemed effective only at such time as the California Public Utilities Commission shall grant a Certificate of Public Convenience and Necessity to Grantee pursuant to Appligation No. 42931 of Grantee now pending before said Commission. SECTION SIX The franchise granted hereunder shall not in any way or to any extent impair or effect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain; and nothing herein contained shall be construed to contract aw~y or to modify or abridge, either for a term or in perpetuity, the Clerk's right of eminent domain in respect to the Grantee or any public utility. Nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of 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 (a) construct, install and maintain its p~peline and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein, (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 operation under this franchisej 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 every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the state of California, (d) remove or relocate to another location in or upon a street within said City, without expense to the City, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the cOnBDruction of any subway or viaduct by the Cityj and, (e) Grantee shall not permit any right or privilege granted by the franchise to be exercised by another, nor shall the franchise or any interest therein or any right or privilege thereunder be in whole or in part sold, transferred, leased, assigned, or disposed of without the consent of the City expressed by resolutionj provided, however, that the provisions of the franchise shall not require any such consent and no consent shall be required for any transfer by grantee in trust or by way of mortgage or hypothecation covering all or any part of Grantee's property, which transfer, mortgage, or hypothecation shall be for the purpose of securing an indebtedness of Grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. Any such sale, lease, assignment, or other -3- I I I Ordinance Number disposition of franchise for which consent of the City is required hereunder shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk. SECTION EIGm If any portion of any street shall be damaged by reason of defects in the pipeline and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, immediately rep.ir any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cuase of damage occurred. SECTION NINE (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, b~ 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 TEN 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 $ranting of this franchisej such payment to be made within thirty (30) days after the City shall furnish such Grantee with a written statement of such expenses. SECTION ELEVEN 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. The City Clerk shall certify to the adoption of this ord~nance and shall cause the same to be published once in the &p./_~/~; (,(/~ . SECTION TWELVE The Location of the proposed pipeline shall follow the route as generally designated in the plat attached hereto which is in- corporated by reference hereinj and shall, further, be subject to the approval of the City Engineer of the City of Seal Beach. PASSED AND ADOPTED THIS 5"'~ay of 7~ , 196Z. 1t~~a~'~ ATTEST: /?d~~~,<' ljiBREBY CERTIFY that the foregoing ordinance was adopted on the C.ulday of . 7~ , 196'1, by the following votes: Aye. ~- C'.. _ _ "'V'~- ?'?-"'t'~/ Noes ~ /~~d~ G.Lerk -4-