Laserfiche WebLink
0 <br />• <br />• <br />ORDINANCE NO. 524 <br />An ORDINANCE OF THE CITY <br />OF NEWPORT BEACH, GRANT- <br />ING TO SOUTHERN COUNTIES <br />GAS COMPANY OF CALIFOR- <br />NIA A CORPORATION, THE <br />RIGHT, PRIVILEGE AND <br />FRANCHISE. TO LAY AND USE <br />PIPES AND APPURTENANCES <br />FOR. TRANSMITTING AND DIS- <br />TRIBUTING GAS FOR ANY <br />AND ALL PURPOSES UNDER, <br />ALONG, ACROSS OR UPON <br />THE PUBLIC STREETS, WAYS, <br />ALLEYS AND PLACES, AS THE <br />SATIRE NOW OR MAY HERE_ <br />AFTER EXIST. WITHIN SAID <br />MUNICIPALITY. <br />The City Council o" the City of <br />Newport Beach does ordain as <br />follows: <br />SECTION ONE <br />Whenever in this ordinance the <br />words or phrases hereinafter in <br />this section defined are used. they <br />shall have t`e respective meanings <br />assigned to them in the following <br />definitions (unless, in the given <br />instance, the context wherein they <br />are used shall clearly import a <br />different meaning): <br />(a) The word "Grantee" <br />shall mean the corporation to <br />which the franchise contem- <br />plated in this ordinance is <br />granted and its lawful suc- <br />cessors or assigns; <br />(b) The word "City" shall <br />mean the City of Newport <br />Beach, a municipal corpora- <br />tion of the State of California, <br />in its present incorporated <br />form or in any later reorgan- <br />ized. consolidated or reincor- <br />porated form; <br />(c) The word "streets" <br />shall mean the public streets, <br />ways, alleys and places as the <br />same now or may hereafter <br />exist within said Citv; <br />(d) The ward "Engineer" <br />shall mean the City Engineer <br />of the City; <br />(e) The word "Gas" shall <br />mean natural or manufac- <br />tured gas, or a mixture of na- <br />tural and manufactured gas; <br />(f) The phrase "Pipes and <br />Appurtenances" shall mean <br />pipe, pipeline, main, service, <br />trap, vent, vault, manhole, <br />meter, gauge, regulator, <br />valve, conduit, appliance, at- <br />tachment, appurtenance and <br />env other property located or <br />to be located in, upon, along, <br />acro.25, under or over the <br />treets of the Citv, and used <br />or useful in the transmitting <br />and/or distribution of gas. <br />(g) The phrase "lay mud <br />use" shall mean to lay, con - <br />struct erect, install, operate, <br />maintain, use, repair, replace, <br />or remove. <br />SECTION TWO <br />That the right, privilege and <br />franchise, subject to each and all <br />of the terms and conditions con- <br />tained in this ordinance, and pur- <br />suant to the Provisions of the <br />"Franchise Act of 1937," be and <br />the same is hereby granted to <br />Sout ern Counties Gas Company <br />of California, •a corporation organ- <br />ized and existing under and by <br />virtue of the laws of the State of <br />California, herein referred to a i <br />the "Grantee," to lay and use pipes <br />and appurtenances for transmit- <br />ting and distributing gas for any <br />and all purposes, under, along, <br />across or upon the, streets, of ithe <br />City, for an indeterminate term <br />or period from and after the ef- <br />fective date hereof, that is to say, <br />this franchise shall endure in full <br />force and effect until the same <br />shall, with the consent of the <br />Railroad Commission of the State <br />of California, be voluntarily sur- <br />rendered or abandoned) by its <br />possessor, or until the State of <br />California or some municipal or <br />public corporation thereunto duly <br />authorized by law shall purchase <br />by voluntary agreement or shall <br />condemn and take under the <br />power of eminent domain, all <br />property actually used and useful <br />in the exercise of this franchise, <br />and situate within the territorial <br />limits of the State, municipal or <br />public corporation purchasing or <br />condemning such property, or un- <br />til this franchise shall be forfeited <br />for non - compliance with its terms <br />by the pcssessor thereof. <br />SECTION THREE <br />The Grantee shall pay to the <br />City at the times hereinafter <br />specified, in lawful money of the <br />United States, a sum annually <br />which shall be equivalent to two <br />per cent (2 %) of the gross annual <br />receipts of grantee arising from <br />the use, operation or possession of <br />said franchise; provided, however, <br />that such payment shall in no <br />event be less than one per cent. <br />W0 of the gross annual receipts <br />of the grantee derived from the <br />sale of gas within the limits of <br />the City under this franchise. <br />The grantee of this franchise <br />shall file with the Clerk of the <br />City within three (3) months <br />after the expiration of the calen- <br />dar year, or fractional calendar <br />year, following the date of the <br />,rant of this franchise, and within <br />three (3) months after the .ex- <br />piration of each and every cal- <br />endar year thereafter, a duly veri- <br />fied statement showing in. detail <br />the total gross receipts of the <br />grantee, its successors or assigns, <br />during the preceding calendar <br />year, or such fractional calendar <br />year, tram the sale of the utility <br />service within the City for which <br />this franchise is granted. It shall <br />be the duty of the grantee to pay <br />to the City within fifteen (15) <br />days after the time for filing such <br />statement, in lawful money of the <br />United States, the specified per- <br />centage of its gross receipts for <br />the calendar year, or such frac- <br />tional calendar year, covered by <br />.quell statement. Any neglect, <br />emission or refusal by said gran- <br />tee to file such verified statement, <br />or to pay said percentage, at the <br />times or in the manner herein - <br />before provided, shall be grounds <br />for the declaration of a forfeiture <br />of tltis franchise and of all rights <br />thereunder. <br />SECTION FOUR <br />This grant is made in lieu of <br />all other franchises, rights, or <br />privileges owned by the grantee, <br />or by any successar of the grantee <br />to any rights under this franchise, <br />for transmitting and distributing <br />gas within the limits of the City, <br />as said limits now or may here- <br />after exist, and the acceptance of <br />the franchise hereby granted shall <br />operate as an abandonment of all <br />such franchises, rights and privi- <br />leges within the limits of this <br />City, as such limits now or may <br />hereafter exist, in lieu of which <br />this franchise is granted. <br />SECTION FIVE <br />The franchise granted here- <br />under shall not become effective <br />until written acceptance thereof <br />shall have been filed by the <br />grantee thereof with the Clerk of <br />the City. When so filed, such ac- <br />ceptance shall constitute a con- <br />tinuing agreement of the grantee <br />that if and when the City shall <br />thereafter annex or consolidate <br />with, additional territory, any and <br />all franchise rights and privileges <br />owned by the grantee therein, ex- <br />cept the franchise derived under <br />the aforesaid Constitutional pro- <br />vision, shall likewise be deemed <br />to be abandoned, within the limits <br />of such territory. <br />SECTION SIX <br />The franchise granted hereun- <br />der shall not in any way or to any <br />extent impair or affect the right <br />of the City to acquire the property <br />of the grantee hereof either by <br />purchase or through the exercise <br />of the right of eminent domain, <br />and nothing herein contained shall <br />be construed to contract away or <br />to modify or abridge, either for <br />a term or in perpetuity, the City's <br />right of eminent domain in respect' <br />to the grantee or any public util- <br />ity. Nor shall this franchise ever <br />be given any value before any <br />court or other public authority in <br />any proceeding of any character <br />in excess of the cost to the gran- <br />tee of the necessary publication <br />and any other sum paid by it to <br />the City therefor at the time of <br />the acquisition thereof. <br />SECTION SEVEN . <br />The grantee of this franchise <br />shall file a bind. running to the <br />City, with at least two good and <br />sufficient sin•etiee, to be approved <br />by the legislative body thereof, in <br />a penal 'sum of $1,000.00, condi- <br />tioned that the grantee shall well <br />and truly observe, fulfill. and per- <br />form each and every term and <br />condition of this franchise, and <br />that in case of any breanh of <br />condition of said bond, the whole <br />amount of the penal sum therein <br />named shall be taken and deemed <br />to be liquidated damages and shall <br />be recoverable from the .principal <br />and sureties upon said bond. Said <br />bond shall be filed with the legis- <br />lative body of the City within five <br />(5) days after the date of the <br />granting of this franchise; and in <br />rasa said bond shall not be so filed, <br />or shall not receive Lie approval <br />of the legislative body, this fran- <br />chibe shall be forfeited and any <br />money paid to tie City in connec- <br />tion therewith shall likewise be <br />forfeited. <br />SECTION EIGHT <br />The grantee of th is franchise <br />shall <br />W(a) construct, install and main- <br />tain all pipes and appurtenances <br />in accordance with and in con- <br />formity with all of the ordinances, <br />rules and regulations heretofore <br />or hereafter adopted by the legis- <br />lative body of this City in the <br />exercise of its police powers and <br />not in conflict with the paramount <br />authority of the State of Califor- <br />nia, and, as to State highways, <br />subject to the provisions of gen- <br />eral laws relating to the location <br />and maintenance of such facili- <br />ties; <br />(b) pay to the City, on demand, <br />the cost of all repairs to public <br />property made necessary by any <br />operations of the grantee under <br />