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HomeMy WebLinkAboutOrd. No. 1941-245 Incomplete1 04 10:47p GENERAL FRANCHISE Ordinance No. 245 Grantor: City of Elsinore Grantee: Southern California Gas Company Effective: December 24, 1941 Term of Years: Indeterminate Payments: 14.-two-per cent (2%) of the gross annual receipts of the grantee aris- ing from the use, operation or pos- session of said 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 of gas within the limits of the City under this franc-h se. Territory: II..Along, across or upon the Public• streets, Ways, Alleys and Places, as same now or may hereafter exist, ' within said Municipality. SOUYWERW GAUPOAMA GAS G6MPANV- CIVIL fiPMiN CERIHO MVARYM8NT J p.25 Jun 18 04 10:47p _i i .XFY k; 3)VF~ - o ~ m O z..__~ I F N 11 r1 W Z p ]Y~r~ ;I ~V j Z z 1. a l o 0 1 YW U U ]Y~ p . 26 Jurr 18 04 10:48p ORDINANCE NO. 245 AN ORDINANCE OF THE CITY OF E'LSINORE GRANT- ING TO SOUTHERN CALIFORNIA GAS CkAdPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRAN- CHISE TO LAY AND USE PIPES AND APPURTENAN- CES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. The Council of the City Of Elsinore 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): i Elsinore, a municipal corporation of the State of California, in its present incor- porated form or in any later reorganized, con- solidated or reincorporated form; (a) The word "Grantee"- shall mean the cor- poration 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 (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 Street Superintendent of the City; (e) The word "Gas" shall mean natural.or manufactured gas, or a mixture of natural and manufactured gas; (f) The phrase "Pipes and Ap-Rurtenanaes" shall mean pipe, pipeline, main, service, r p.27 Definitions .t . _ .d Jun 18 04 10:48p p•28 trap, vent, vault, manhole, meter gauge,. regulator, valve, conduit, appliance, at- tachment, appurtenance and any other prop- erty 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. r_. (g) The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, re')lace, or remove. SECTION TWO That 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 the "Franchise Act of 1937," be and the same is hereby granted to Southern California Gas Company,. . a corporation organized and existing under and by virtue of the laws of the State of California, herein referred to as the Length of "Grantee," to lay and use' pipes and appur- Franchise for tenances for transmitting and distributing Indeterminate gas for any and all purposes, under along, 6 Period. Pro- ity, across or upon the streets, of the visions for for an indeterminate term or period from and, terminating by pos- after the effective date hereof, that is to sessor, State of say, this franchise shall endure in full California R.R. force and effect until the same shall, with Commission or the consent of the Railroad Commission of others., 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 voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the ex- ercise of this franchise, and situate within: the territorial limits of the State, munici- pal or public corporation purchasing or con- demning such property, or until this fran- chise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION THREE, Cost of Franchise to be 2 % of Gross The Grantee shall pay to the City at the eceipts. Minimum times hereinafter specified, in lawful money f 1% derived from as sales. Jun 18 04 10:48p 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 (1f) per cent 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 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 ran- tee to pay to the City within fifteen ?15) days after the time for filing such state- ment, in lawful money of the United States, the specified percentage of its gross re- ceipts for the calendar year, or such frac- tional calendar year, covered by such state- ment. 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 forfei- ture of this franchise and of.-all rights thereunder. SECTION FOUR This grant is made in lieu of all other fran- chises, rights, or privileges owned by the grantee, or by any successor 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 hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, x.DUTHEnN p.29 Annual Franchise' Report Grant in Lieu of other Franchises, etc. t Jun 18 04 10:48p rights and privileges within the limits of this city, as such limits now or may here- after exist, in lieu of which this franchise is granted. P.30 SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the gran- -tee thereof with the Cleric of the City. Written When so filed, such acceptance shall con- acceptance stitute a continuing agreement of the to be filed grantee that if and when the City -shall by grantee. thereafter annex or consolidate with, addi- Franchise rights tional territory, any and all franchise abandoned in rights and privileges owned by the grantee annexed or therein shall likewise be deemed to be consolidated abandoned within the limits of such. ter- territories. ritory. 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 pro- perty of the grantee hereof either.by>pur= chase or through the exercise of the right of eminent domain, and nothing herein con- tained shall be construed to contract away Rights to or.to modify or abridge, either for a term Purchase or in perpetuity, the CityTs right of em- by City. inent domain in respect to the grantee or any public utility. Nor shall this fran- City rights chase ever be given any value before any of Eminent court or other public authority in any pro- Domain. ceeding of any character in excess of the costto the grantee of the necessary publi- Value of cation and any other sum paid by it to the Franchise City therefor at the time of the acquisition before court. 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 approv- Faithful ed by the legislative body thereof, in a Performance penal sum of $1,000.00, conditioned that the Bond grantee shall well and truly observe, fulfill r Jun 18 04 10:48p and perform each and every term and condi- tion 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 leg- islative body, this franchise shall be for- feited and any money paid to the-City in connection therewith shall likewise be for- feited. SECTION EIGHT The grantee bf 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 here- after 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; p.31 Construction. Installation, etc.,' in accordance With lags. City i (d) remove or relocate, without expense to the City any facilities-installed, used and maintained under this franchise if and when made necessary by any lawful change of graae., alignment or width of any public street, way or.alley or place, including the construction of any subway or viaduct by the City; and of at expense necessary (b) pay to the City, on demand, the cost of all repairs to public property made neces- sary by any operations of the grantee under .this franchise; Jun 18 04 10:49p (e) file with the legislative body of the, City within thirty (30) days after any sale, transfer, assignment or lease of this fran- chise, or any part thereof, or of any of the rights or privileges granted thereby, writ- ten evidence of the same, certified thereto by the grantee or its duly authorized offic- ers. SECTION NINE The Engineer shall have power to give the grantee such directions for the location of any pines and appurtenances as may be reason- ably 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 apourtenarices is commenced, the grantee shall file with said Engineer plans showing the location there- of, which shall be subject to the approval of said Engineer (such approval not to be unreasonably withheld); and all such con- struction shall be subject to the inspec- tion of said Engineer and done to his rea- sonable 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 tay extend above the surface of the streets when said vents are located in park- ways, 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 reason- able 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. SECTION TEN p.02 File with City (Within 30 days) Evidence of sale, etc.. Direction, location and Quality of Pipe work to be approved by or directed by City Engineer. Permit to excavate paved or macadamized streets. Restore damaged. streets to satisfaction of City Engineer. `r Jun 18 04 10:49p appurtenances maintained.orsconstructed un- der this grant 'or by,reason,'of any other cause arising from the operation or existence, of any pipes aiid appurte. 01es constructed or maintained under, this grant, said grantee shall, at his own cost_and expensed ix7med= irately repair alit' such damage and restore such street, or portion Of sreet,,t0 as good a condition as„existed liefgre„such de- feel or 'other cause of dazuaga occuxred, such work to be done unaer the,direotion of the Engineer, and to his reasonable satis' faction SECTION ELEVEN (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 ben (10) days after writ- ten demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to_ bompletion, then the City, by its legisla- tive body, may declare this franchise for- feited. , (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 con- ditions.thereof. SECTION TWELVE The grantee of this franchise-shall pay to the City a sum of money sufficient to-reim- burse it for all publication expenses in- curred by it in connection with the granting of this franchise, such payment to be made within thirty (30j days after the City shall furnish such grantee with a written state- ment of'sueh expenses. SECTION THIRTEEN 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 80VTN8RN EAL1POgN{A GA6 COMPANY- CNIL BNGW%FR\NO 09PARYMPNT p.33 Forfeiture for non- compliance payment to City for Franchise Publication Expenses Written Acceptance Jun 18 04 10:49p and conditions hereof. SECTION FOURTEEN The City Clerk shall certify to the adop- tion of this ordinance and shall cause the same to be published once in the Elsinore Leader Press. I hereby certify that the foregoing ordin- ance was adopted by the City Council of the City of Elsinore, on the 24th day of Novem- ber, 1941, by the following votes: Ayes: Councilmen C.A.Lovejoy, Roy Macy, Henry Perret, J. E. Mills and N. Matich. Noes: None C.J: Kalina City Clerk p.34 Certification and Publica- tion of Ordinance.