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HomeMy WebLinkAbout524 - Southern Counties Gas Company0 • • ORDINANCE NO. 524 An ORDINANCE OF THE CITY OF NEWPORT BEACH, GRANT- ING TO SOUTHERN COUNTIES GAS COMPANY OF CALIFOR- NIA A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE. TO LAY AND USE PIPES AND APPURTENANCES FOR. TRANSMITTING AND DIS- TRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SATIRE NOW OR MAY HERE_ AFTER EXIST. WITHIN SAID MUNICIPALITY. The City Council o" the City of Newport Beach does ordain as follows: SECTION ONE Whenever in this ordinance the words or phrases hereinafter in this section defined are used. they shall have t`e 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 contem- plated in this ordinance is granted and its lawful suc- cessors or assigns; (b) The word "City" shall mean the City of Newport Beach, a municipal corpora- tion of the State of California, in its present incorporated form or in any later reorgan- ized. consolidated 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 within said Citv; (d) The ward "Engineer" shall mean the City Engineer of the City; (e) The word "Gas" shall mean natural or manufac- tured gas, or a mixture of na- tural and manufactured gas; (f) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, at- tachment, appurtenance and env other property located or to be located in, upon, along, acro.25, under or over the treets of the Citv, and used or useful in the transmitting and/or distribution of gas. (g) The phrase "lay mud use" shall mean to lay, con - struct erect, install, operate, maintain, use, repair, replace, or remove. SECTION TWO That the right, privilege and franchise, subject to each and all of the terms and conditions con- tained in this ordinance, and pur- suant to the Provisions of the "Franchise Act of 1937," be and the same is hereby granted to Sout ern Counties Gas Company of California, •a corporation organ- ized and existing under and by virtue of the laws of the State of California, herein referred to a i the "Grantee," to lay and use pipes and appurtenances for transmit- ting and distributing gas for any and all purposes, under, along, across or upon the, streets, of ithe City, for an indeterminate term or period from and after the ef- fective date hereof, that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Railroad Commission of the State of California, be voluntarily sur- rendered or abandoned) by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or un- til this franchise shall be forfeited for non - compliance with its terms by the pcssessor thereof. SECTION THREE The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equivalent to two per cent (2 %) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent. W0 of the gross annual receipts of the grantee derived from the sale of gas within the limits of the City under this franchise. The grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calen- dar year, or fractional calendar year, following the date of the ,rant of this franchise, and within three (3) months after the .ex- piration of each and every cal- endar year thereafter, a duly veri- fied statement showing in. detail the total gross receipts of the grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, tram the sale of the utility service within the City for which this franchise is granted. 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 specified per- centage of its gross receipts for the calendar year, or such frac- tional calendar year, covered by .quell statement. Any neglect, emission or refusal by said gran- tee to file such verified statement, or to pay said percentage, at the times or in the manner herein - before provided, shall be grounds for the declaration of a forfeiture of tltis 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 successar of the grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may here- after exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privi- leges 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 here- under 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 ac- ceptance shall constitute a con- tinuing 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, ex- cept the franchise derived under the aforesaid Constitutional pro- vision, shall likewise be deemed to be abandoned, within the limits of such territory. SECTION SIX The franchise granted hereun- der shall not in any way or to any extent impair or affect 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 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 any public util- ity. 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 gran- tee 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 file a bind. running to the City, with at least two good and sufficient sin•etiee, to be approved by the legislative body thereof, in a penal 'sum of $1,000.00, condi- tioned that the grantee shall well and truly observe, fulfill. and per- form each and every term and condition of this franchise, and that in case of any breanh of condition of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the .principal and sureties upon said bond. Said bond shall be filed with the legis- lative body of the City within five (5) days after the date of the granting of this franchise; and in rasa said bond shall not be so filed, or shall not receive Lie approval of the legislative body, this fran- chibe shall be forfeited and any money paid to tie City in connec- tion therewith shall likewise be forfeited. SECTION EIGHT The grantee of th is franchise shall W(a) construct, install and main- tain all pipes and appurtenances in accordance with and in con- formity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the legis- lative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of Califor- nia, and, as to State highways, subject to the provisions of gen- eral laws relating to the location and maintenance of such facili- ties; (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 harm- less the City aad its officers from any and all liability for damages proximately resulting from any operations under! this franchise;. (d) remove or relocate, without expense to the City, any facili- ties 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 con- struction of any subway or via- duct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale. transfer, assign- ment 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 of- ficers. SECTION* NINE The Engineer shall have power to give the grantee such direc- tions for the location of any pipes and appurtenances m may be rea- sonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and ap- purtenances is commenced, the grantee shall file with said En- gineer plans showing the location thereof, which shall be subject to the approval of said Engineer (such approval not to be unreason- ably withheld): and all such con- striction shall be subject to the inspection of said Engineer and done to his reasonable satisfac- tion. All street coverings or open- ings of traps, vaults, and man- holes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. Where it is necessary to lay any underground pipes through under or across any portion of a paved or macadamized street, the same, where practicable and economical- ly reasonable shall be done by a tunnel or bore, so as not to dis- turb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. SECTION TEN If any portion of any street shall be damaged by reason of de- fects in any of the pipes and ap- purtenances maintained or con- structed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances con- structed or maintained under this grant, said grantee shall, at its own cost and expense, immediate- ly repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, °uch work to be done under the direc- tion of the Engineer, and to his reasonable satisfaction. SECTION ELEVEN (a) If the grantee of this fran- chise shall fail, neglect or refuse to comply with any of the pro- visions or conditions hereof, and shall not, within ten (10) days after written demand for compli- ance, begin the work of compli- ance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non- compliance by the grantee, its successors or {signs, with any of the conditions thereof. SECTION TWELVE The grantee of this franchise shall pay to the City a sum of monev sufficient to reimburse it for all publication expenses in- curred by it In connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such ex- pcuses. SECTION THIRTEEN Within ten (10) days after the passage and publication of this ordinance, the grantee shall file with the City Clerk a written ac- ceptance of the franchise hereby granted, and an agreement to comply with the terms and condi- tions hereof. SECTION FOURTEEN This ordinance shall 1)e printed; and published once in NEWPORT BALBOA NEWS -TIMES, a news- paper printed, published and cir-' culated in the city of Newport Beach, and shall take effect and be in force thirty days after its passage. The above and foregoing or- dinance was introduced at a regular meeting of the City Coun oil of the City of Newport Beach held on the 5th day of July, 1943,. and was finally passed and adopt- ed on the 2nd day of August, 1943, by said City Council, at a regular meeting thereof; by the following vote, to -wit: AYES, COUNCILMEN: Allen, Kirk, Isbell, Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None, The foregoing ordinance is signed and approved by me this 2nd day of August, 1943. CLYAN H. HALL. ATTEST: Mayor. FRANK L. RINEHART, City Clerk. Pub.: Aug. 5, 1943.