HomeMy WebLinkAboutOrdinance No. 341FORM A
{ORDINANCE NO........_341...................
AN ORDINANCE OF THE CITY OF .......... .---- Azusa
GRANTING TO...............Southern Counties Gas Company of California
....... ..... ............... ............
A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES
AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND
ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS,
ALLEYSANDPLACES, AS THE SAME NOW OR MAY HEREAFTER
EXIST, WITHIN SAID MUNICIPALITY.
City
The.. q9 :11 of the City of ........... ®zusa does ordain as follows:
SECTION ONE
Whenever in this ordinance the words or phrases hereinafter 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 assigns;
(b) The word "City„ shall mean the City of.....--AZU@a---------------------- ............................................. I....I
a municipal corporation of the State of California, in its .present incorporated form or in any
later reorganized, consolidated or reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys and places as the same now
or may hereafter exist within said City;
(d) The word "Engineer" shall mean the ...... ...... City Engineer of the City;
(e) The word "Gas" shall mean natural or manufactured gas, or a mixture of natural and
manufactured gas;
(£) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap,
vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurte-
nance 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 the transmitting and/or distribution of gas.
(g) The phrase "lay and use" shall mean to lay, construct, 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 ih this ordinance, and pursuant to the Provisions of the "Franchise Act of 1937," be and the
same is hereby granted to ............. Southern Counties_Gas Company of California
--------------- ........................ --....................... ..................... ......... .................................................. .._..-----. -..... a corporation
organized and existing under and by virtue of the laws of the State of California, herein referred to
as the "Grantee", to lay and use pipes and appurtenances for transmitting and distributing 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 Railroad Commission of the State of
California, be voluntarily surrendered 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 volun-
tary 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 fran-
chise 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 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, how-
ever, that such payment shall in no event be less than a sum which shall be equivalent to one per
cent (17o) of the total gross annual receipts derived by grantee from the sale of gas within the
limits of the City under this franchise, and under any franchise owned by grantee and derived under
Section 19 of Article XI of the Constitution of California (as said section existed prior to its amend-
ment on October 10, 1911).
b
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, or such fractional calendar year, from
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 percentage of its gross receipts for the calendar
year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal
by said 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 and distrib-
uting gas within the limits of the City, as said limits now or may hereafter exist, except any fran-
chise derived under Section 19 of Article XI of the Constitution of the State of California, as said
Section existed prior to the amendment thereof adopted October 10, 1911, and the acceptance of the
franchise hereby granted shall operate as an abandonment of all such franchises, rights and priv-
ileges 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 accept-
ance shall constitute a continuing agreement of the grantee that if and when the City shall there-
after annex or consolidate with, additional territory, any and all franchise rights and privileges
owned by the grantee therein, except 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 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 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 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 file a bond, running to the City, with at least two good and
sufficient sureties, to be approved by the legislative body thereof, in a penal sum of $JJDa .QD.__,_._,..
conditioned that the grantee shall well and truly observe, fulfill and perform each and every term
and condition of this franchise, and that in case of any breach 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 legislative body of,the City within five (5) days after the date of the granting of this franchise;
and in case said bond, shall not be so filed, or shall not receive the approval of the legislative body,
this franchise shall be forfeited and any money paid to the City in connection therewith shall like-
wise be forfeited. i
SECTION EIGHT
The grantee of this franchise shall
(a) construct, install and maintain all pipes and appurtenances in accordance with and in
conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the
legislative body of this City in the exercise of its police powers and not in conflict with the para-
mount 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;
(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 dam-
ages proximately resulting from any operations under this franchise;
(d) remove or relocate, without exl3ense to the City, any facilities installed, used and main-
tained 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 construction 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,
assignment 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 author-
ized officers.
SECTION NINE
The Engineer shall have power to give the grantee such directions for the location of any pipes
and appurtenances as may be reasonably 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
appurtenances is commenced, the grantee shall file with said Engineer 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 construction shall be subject to the inspection of. said Engineer and
done to his.reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes
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 economically reasonable shall be
done by a tunnel or bore, so as not to disturb 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.
0
V.
Ct
Ct
M
m
a
r SECTION TEN
If any portion of any street shall be damaged by reason of defects in any of the pipes and ;
appurtenances maintained or constructed under this grant, or by reason of any other cause arising 0g
from the operation or existence of any pipes and appurtenances constructed or maintained under 0•
this grant, said grantee shall, at its own cost and expense, immediately repair any such damage and ) Cy
restore such street, or portion of street, to as good a condition as existed before such defect or other ) m
( cause of damage occurred, such work to be done under the direction of the Engineer, and to his ) a
reasonable satisfaction. )
SECTION EEO= .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, 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 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 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 expenses.
SECTIONXDDMBM= ELEVEN
Within ten (10) days after the passage and 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.
SECTION DOUMMUM TWELVE
The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be
published once in the --------- Azusa Herald- and Pomotropic----------------------- -
I hereby certify that the foregoing ordinance was adopted by the Council
of the City of . Azusa------------------------------- on the... -3 ------day of.
by the following votes : },
Ayes:
Noes:
ortS� —