Loading...
HomeMy WebLinkAboutOrdinance No. 2028 ORDINANCE NO. 2028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA. GRANTING A FRANCHISE TO AZUSA. LAND RECLAMATION CO. , INC. , A CORPORATION, FOR AN INDEFINITE TERM,TO LAY, CONSTRUCT, MAINTAIN AND OPERATE A. :PIPELINE SYSTEM CONSISTING OF LINES OF PIPE FOR THE PURPOSE OF TRANSPORTING METHANE GAS ALONG CERTAIN PORTIONS OF CERTAIN STREETS WITHIN SAID CITY. The City Council of the City of Azusa doesordain as follows: SECTION 1. The petition and application of the Azusa Land Reclamation Co. , Inc. , a corporation, dated July 21, 1976, for a franchise for an indefinite term,to lay, construct, maintain and operate a pipeline system consisting of lines of pipe for the purpose of transporting methane gas along certain portions of certain public streets within the City of Azusa, came on for hearing before the City Council of the City of Azusa at its regular meeting on Monday, October 4, 1976. There was no protest or objections to the granting of said franchise. SECTION 2. A franchise is hereby granted to Azusa Land Recla- mation Co. , Inc. , a corporation, to lay, construct, and for an indefinite period, as hereinafter provided, to operate, maintain, renew, remove or abandon in place, a pipeline system for the purpose of transporting methane gas together with all manholes, valves, service connections and appurte- nances necessary and convenient to properly maintain and operate said pipe- line, in, under, along and across those certain streets of the City of Azusa hereinafter described in Section 3 hereof. SECTION 3. The streets in which the pipeline system of Azusa Land Reclamation Co. , Inc. may be laid pursuant to this franchise are as follows: 1. Paramount Street, from eastern extremity to Motor Avenue; Motor Avenue from First Street to McKinley Street; 2. Coney Avenue, from southern extremity to Fifth Street; Fifth Street, from Coney Avenue to Virginia Avenue; Virginia Avenue, from Fifth Street to Foothill Boulevard; Foothill Boulevard, from Virginia Avenue to Georgia Avenue; Georgia Avenue, from Foothill Boulevard to Eighth Street; Eighth Street, from Georgia Place to Vernon Avenue; Vernon Avenue, from Eighth Street to Crescent Drive. The streets in which pipe may be laid pursuant to this franchise may be changed upon the request in writing of the holder of the franchise and the consent of the City Council of the City of Azusa expressed by reso- lution. Any pipeline installed pursuant to any such change shall be subject to each and all of the terms and conditions of this franchise. } SECTION 4. The term of this franchise shall be for an indefi- nite period of time. SECTION 5. This franchise is granted and shall be held and enjoyed only upon the terms and conditions contained in this ordinance. The word "grantee" whenever used in this ordinance shall be held to include the grantee and its successors and assigns. SECTION 6. The grantee of this franchise shall in good faith commence the work of constructing said pipeline system within not more than one (1) year from the effective date of this ordinance and said work shall be prosecuted diligently thereafter and in good faith, and if not so commenced within said time said franchise so granted shall be declared forfeited. SECTION 7. The grantee shall have the right to construct and maintain such traps, manholes, valves, appliances and attachments as may be necessary and convenient to properly maintain and operate the pipeline laid and constructed under this franchise, and said traps, man- holes, appliances, and attachments, shall at all times be kept flush with the surface of the street and so located as to conform to any order of the City Council in regard thereto, and not to interfere with the use of the street for travel. The grantee shall have the right, subject to such regula- tions as are now, or may hereafter be, in force, to make all necessary excavations in said street for the construction and repair of said pipeline, traps, manholes, appliances, and attachments. If the said pipe shall be laid along any paved street in the City of Azusa, it shall be placed as close as reasonably possible to the edge of the pavement so as not to unreasonably disturb the paved surface. In the event it is necessary to break pavement to lay said pipe, grantee shall apply for, and City shall, upon payment of the required fee, grant a per- mit,which permit shall specify the manner in which the pipe or conduit shall be laid; and, the repair of the street, after the pipe has been laid, shall be made promptly by the grantee, at the expense of the grantee and to the satisfaction and approval of the Director of Public Works, and in the event of its failure so to do, this franchise shall thereupon be subject to forfeiture. All pipe, pipeline, traps, manholes, attachments, and appliances constructed or maintained under the provisions of this franchise shall be constructed and maintained in accordance with, and in conformity with, all the ordinances, rules, and regulations now or hereafter adopted or pres- cribed by the City Council of the City of Azusa; provided, however, that all pipe and pipeline laid under this franchise shall be first class material and subject to the approval of said Director of Public Works. SECTION 8. All excavations for laying, moving or repairing, said pipelineeand appurtenances shall be done in such manner as not to interfere with the free use of the streets by the public, except such tem- porary interference as may be reasonably necessary or incident to the proper prosecution of said work. That all excavation shall be made and -2- refilled in strict compliance with the ordinances, resolutions and orders of the City of Azusa, that may be in force at the time of the performance of such work. That the grantee of this franchise shall make such deposits of money with the City Treasurer or such other officer of said City as may be designated by such ordinances, resolutions, orders, or otherwise by law, and as may be from time to time required from persons making excavations in the streets of said City, for the purpose of insuring the restoration of all streets to a good and perfect condition along such excavations. That before the work of laying said pipe is commenced, the grantee of this fran- chise or assigns, shall file with the City Engineer of said City complete plans showing the location of said pipeline in the streets and the location of all manholes, traps, and other appliances, and attachments, as may be necessary for the purpose of safely and efficiently operating and maintain- ing said pipeline. That the granting of this franchise shall not be construed to relieve said grantee from the provisions of any order, ordinance, or law, that may be in force at the time requiring applications to be made and obtained for excavations in streets before such work can be done. That the location of said pipeline in streets or portions of streets shall be subject to the appro- val of the Director of Public Works of said City, who shall have the power to give such directions for the location of said pipes as may be necessary to avoid sewers, water pipes, and other conduits, or structures, in or under said streets, or portions of streets, within the boundary of the City, where said pipeline is to be laid, That the work of laying down and constructing said pipeline shall be done to the satisfaction of the Director of Public Works, and subject to his inspection and shall be equipped with gate valves and other protective devices as may be required from time to time. That as soon as the laying or repairing of any pipe or appliance is completed, all portions of the streets which have been excavated or other- wise injured thereby shall be placed in as good condition as the same was before the laying of such pipe, and to the satisfaction of the Director of Public Works. That any damage or injury suffered by any person or property by reason of any negligence on the part of grantee, its agents, servants and employees, or which results from any excavation being improperly guarded during such work shall be borne by the grantee of said franchise, and gran- tee shall indemnify and save the City, its officers, servants, agents and employees, harmless therefrom. SECTION 9. The City of Azusa reseves the right to change the grade of any street over that portion of the City of Azusa over which this franchise is granted, or to locate or relocate municipal water pipes, power- lines, sewer lines or other municipal subsurface installations, and that grantee shall, within 30 days after demand by City, start to change the loca- tion of all pipes, conduits, traps, manholes, appliances and attachments laid, constructed or erected hereunder, so as to conform to such change of grade, or such location or relocation of subsurface installations, and pro- ceed diligiently to complete such relocation, all at the grantee 's own expense, and in case the grantee shall fail to comply with the instructions given there- for, the City of Azusa may cause the work required to be done and shall keep an itemized account of the cost thereof, which the said grantee by the accept- ance of this franchise shall agree to pay immediately upon its being presented to said grantee. -3- SECTION 10. If any street or portion thereof along, across, or under which said pipeline or appurtenances shall be laid shall be damaged by reason of any leak or leaks, or by reason of any other cause arising from the operation or extension of such pipeline under such street or portion thereof, then grantee shall at his or its own cost and expense immediately repair any and all such damage and restore said street or portion thereof to as good condition as before such leak or cause of dam- age occurred, such work to be done under the direction of the Director of Public Works, and to his satisfaction. SECTION 11. The grantee shall not commence the construction of any pipelines or appurtenances under the provisions of this franchise until it shall first have obtained permit from the Director of Public Works so to do. Such permit shall be granted upon application of the grantee, which application shall show the street upon which it is proposed to construct or lay the pipe, the length of the pipe proposed to be constructed or laid on the street, the size and description of the pipe intended to be used, and such other facts as the Director of Public Works may require. Each application for a permit filed hereunder shall be accompanied by the permit fee for the laying of such pipeline. SECTION 12. The grantee of this franchise shall have the right during the period for which this franchise is granted to transport methane gas through said pipeline. SECTION 13. The provisions of this franchise and all rights, obligations and duties thereunder shall inure to and be binding upon the grantee, his, its, or their successors, or assigns. SEC TION 14. The grantee shall during the life of this franchise, pay to the City of Azusa, in lawful money of the United States, an annual franchise fee in an amount equal to 2% of the gross annual sales of gas within the City of Azusa delivered via the pipeline. If gas is delivered via the pipeline for sale outside the city limits of the City of Azusa, the annual franchise fee on the amount of gas sold outside the City of Azusa shall be an amount equal to 1/2 of 1% of the gross annual sales of such gas sold out- side the City of Azusa. This franchise shall be forfeited upon any failure, refusal or neglect of said grantee to make any such payments. Said annual payment shall be accompanied by a statement, verified by the oath of a duly author- ized representative of the grantee showing the gross receipts of the grantee for the preceding calendar year arising from the sale of gas delivered via the pipeline. Any neglect, failure, or refusal, by said grantee to file said verified statement, or to pay the franchise fee herein reserved shall there- upon immediately ipso facto effect a forfeiture hereof, and the City, by its City Council, may thereupon declare this franchise forfeited, and may exclude the grantee from any further use of the public streets included in said fran- chise, and said grantee shall thereupon and immediately surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void, and of no effect. -4- SECTION 15. The grantee shall not sell, transfer or assign this franchise or the rights or privileges granted hereby without the con- sent of the City Council, nor shall the franchise or the rights or privileges be sold, transferred or assigned, except by a duly executed instrument in writing filed in the office of the City Clerk of the City of Azusa, and nothing in this franchise contained shall be construed to grant to said grantee any right to sell, transfer or assign the franchise or any of the rights or pri- vileges granted except in the manner aforesaid. SEC TION 16. The grantee shall, by acceptance of this franchise, agree to complete the initial installation of a pipeline within the time speci- fied in the Permit to Excavate and shall pay liquidated damages in the sum of Two Hundred Dollars ($200. 00) per day for each day construction extends beyond the time specified in the Permit to Excavate. The grantee shall be privileged to open the street for line testing, without penalty, on two days each year. The grantee shall be permitted to open the street to repair his lines, provided he first obtains a permit from the Director of Public Works and pay the customary charges and sets forth an agreed upon reasonable number of days within which said work is to be completed. In the event said work is not completed within the agreed upon number of days, the grantee shall pay Two Hundred Dollars ($200. 00) per day as liquidated damages for each day that the street is open beyond the period of time expressed in the permit. SECTION 17. Within 30 days after the effective date of this ordinance, the grantee shall file with the City Clerk of the City of Azusa, a bond running to the City of Azusa and at all times thereafter maintain in full force and effect, an acceptable corporate surety bond in the amount of Twenty Thousand Dollars, effective for the full term of this franchise, and conditioned that in the event the grantee shall fail to comply with any one or more of the provisions of this franchise, then there shall be recov- erable jointly and severally from the principal and surety of such bond, any damages suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise and thereafter until the grantee has liquidated all of its obligations to the City that may have arisen from the acceptance of this franchise by the grantee or from its exercise of any pr ivilege herein granted. Neither the provisions of this section, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder shall be construed to excuse faithful performance by the grantee or to limit the liability of the grantee under the franchise or for damages, either to the full amount of the bond or otherwise. -5- SECTION 18. This franchise shall become operative when the grantee has deposited with the City Treasurer the several sums provided for in the Resolution of Intention adopted in connection with the award of this franchise and has filed with the City Clerk its written acceptance of the terms and conditions herein expressed. SECTION 19. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 1st day of November , 1976. /` Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF AZUSA ) I, ADOLPH A. SOLIS, City Clerk of the City of Azusa do hereby certify that the foregoing Ordinance No. 2028 was regularly introduced and placed upon its first reading at a regular meeting of the City Council onthe 4th day of October , 1976. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of November , 1976, by the following vote, to wit: AYES: Councilmen: Decker, Fry, Cruz, Arkison, Solem NOES: Councilmen: None ABSENT: Councilmen: None City Clerk I do further certify that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald, a newspaper of general circulation, printed, published and cir- culated in the City of Azusa, on the llthday of November , 1976, and that the same was published in accordance with law. City Clerk -6-