Loading...
HomeMy WebLinkAbout49 - Southern Counties Gas Company FranchiseORDINANCE N0. W I AN ORDINANCE OF THE CITY OF COSTA MESA GRANTING TO SOUTHERN COUNTIES GAS COMPA:kY OF CALIFOMTIA, A CORPORATION, THE RIGHT, PRIVILEG:, AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR VTY AND ALL FUR 0SFS UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES AS THE SAhIE-MAT NOW OR IMAY HEREA-FTER EXIST WITHIN SAID MUNICIPALITY, The City Council of the City of Cost.'P',esa does ordain as follows: Section 1. INTERPRETATION OF rRANCiaSL WherevQr in this ordinanoe the words or phrases hereinafter in this section defined are aid, 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 :wean the corporation to which the franchise contemplat3d in this ordinance is granted and its lawful successors or a.ssims. (b) The word "City" shall mean the City of Costa Mesa, 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 "Engineer" shall mean the City :engineer of the City. (d) The word "Gas'" shall mean natural or manufactured gas or a mixture of natural and manufactured gas. (e) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance 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 -1- transmitting and/or distribution of --as. (f) The phrase "Lay ana- 4t5e4 shall mean to lay, construct, erect, install, operata, maintrin, use, re.pair, replace or remove. (g) Tha term "Effective Nates shall. mean tie 31st day after- the date of p3.seage of this ordin-Wgee, pro7idad that the boni ana acceptance of franchise have beer, filed as hereinafter provided, (h) The term s?ranchise Property'' shall. mean the rights grantod by this franchise and all nroperty constructed, installed, operated, or maintained in or apon the ;public streets pursuant to any righ-I or privilege granted by this franchise, M As used in this ordinance, the singular number includes the -plural and the plural number includes the singular, (j) The ord "Street' shall, mean any public street, road, highway, lane, alley, court, sidewalk, parkway, wasement, or :similar public place (or abore or balow same) which now sxiste or which may hereafter Maxis* within the Oity, including any public highway within the Cita- of los is Mesa heretofore or hereafter constitutes. a State Kighwayx, Section 2, That the right, privilege and franchise, subject to each and all of the terve end conditions contained in this ordinance, and pursuant to the provisions of the "Franchise act of 193?°" be, and the same is hereby, grar_tad to Southern Counties Cis Company of California., a corporation organized and existing rider anal by virtue of the laws of the State of 'California, herein referred to as the O rartess, to lay and use pipes and appur.tennnces for transmitting and distributing gas for any and call purposes, under, nlc,ng, across or upon, the straets3 of the City for an indeterminate term or period. from nn.i after the effective- "Ate hereof, —2— that is to say, this franchise shall enders is full force and affect until the same shall, with the consent o:kt the a?ublic Utilities Commission of the State of California, 1)e-,oluntaril- surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto auly nuthjrized by lawn shall purchase by voluntary agreement or shall condemn and take under the power of eminewt domain all property actually asad and useful in the exercise of this franchise and situate within the territo.Aal -Anits of the State, mi icipal or public corporation ;-: chasing or condemr_ing, srch property, or until this franchise shall be forfeitedfbr nor. -compliance with its teras by the possessor thereof. Section 3, ,z--!KZ4T8 TO CITY ahs Grantee shall pay to the City el thy; hereinafter specified, in lawful money of the Uaiteki St:atei, 3L sum enrna11� vhich shall be aquivalant ti two percent, (2%) of th�3 gross a.n unl rec4ipts of lyraantma ai luting from the use, operation or possession of said franchise, provided, however, t -f -a s,zch payments spall in, no event be less than a sum which. shall. be ort—Avalent to one percent (1%) of the total gross annual receipts darived by Grantae from the sale of Tas writhid2 the limits of the City under tA4-t franchi3e. The Grantee of this franchise shall file with. the Clerk of the City within three (3) months after thQ expiration of the c?landar 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 d*j1y verifieE statement showing in detail the votal gross receipt: of the GranteU, its or assigns, during tlra preceding calen(lar grear, or such fractional calan-lar year, from the sale of the utiliuy servic�? withir. the Cit.7 for which this franchise is .,ranted, It shall be Ithe duty of the °Orranteo to M to the City -within fifteen (15) days after tho time for filing; such statement, it lawful lroney of the United estates, the specified .�ercent- age of its gross receipts for the cslenft-r year, or such fractional calendar ye_,x, covered bs► such staterent. Lny neglect, Oidasion or refusal. by =-aid Grantee to file such verlfiAi statement, or to pay said rercentage, at the rimes or in the manner hersir_above provided, shall be grounds for the declaration of �t forfeiture of this franchise ar._d_ of all rights hereunder, Secti-,nn "". TMVIH.MOK QE EXISTING FRANCHISES Phis grant is mads in lieu of all other Franchises, rights, or ririvileges owned by the Grar..tee, or by any successor of. the Grantee tc !any rights under this franchise, for transmitting and. distributlriT,Pr i-Athin the limits of the City, as said limits now or may her, -after axist, and the acce-tFnce of the :branch;se hereb�r granted shall operate as an abandonment c.f ;111 ouch frranchi-°es, rights and privileges within the limits of the City, as szach linits now or may hereafter exist, in. lien of which this franchise is granted. This grant, however, shall not deprive the "ity of any or all payments that it is er.titleI to receives up to the effective date of the granting of the franchise by raaeor_ of any other franchise, rights, or Pr--'_.-leoes that �9 hs -re been owned b*.r tb, Grantee. S9ction 5, MEPWRO The franchise Ira»ted hereunder shall not become effective until �,vrit tan aecentance ty ergo ° shall 'ave been filed by the grantee thareof *it -h the Cl.er!!: of the city. 'then so filed, such acceptance shall constitute � continuing agree^!ent of the Grantee that if and when the City sell thereafter annex or consolidate with additional territory, any and all franchise riC. ghts and privileges owned by the Grantee therein shall likewise ba deemed to be abandoned within the itmits of auch. territory, ;ith#n ter (10) days after th-s, ja .ssage anal publication cf this ordin€an.c3, the Grantee shall fila with the City Clerk a written accept- ance o:f" the franchisa lV:rein granted, and an agraement to comply with the tarns and conditions hen3of. Sectio?i 6, EVIRMT.,'' DOMAIN 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 her,aof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall -oe construed to contract away or to modify, or abridge, either for a term, or in Der,;etuity, the City's right of emin3nt do=air_ in rase ct to the Grantee or any public utility, For shall this franchise ever be given any value before any coati or other fnzblic authority in any proceeding of any character in excess of the cost t0 the Granteo. of the necessary publication and any othzr sum paid by it to the 'City therefor at the time of the acquisition thereof. Section. 7. BOND The Grantee of this franchise shall file a bond, ru-nning to the City, with at least two pood and sufficient sureties, to be an -,roved by the legislative body thareof, in a ~penal sum of ;1,000,00, conditioned that the Grantee shall well and truly observra, fulfill and perform each and every tern+ and condition of thisfranchise, and that in case of any breach of condition of said bond, the whole amount of the �aenal sum thersin named shall be taken and deemed to be liquidated damagae and shall `f recoverable from the principal and Pureties upon said bond. Said bond fihall be filod with tho legislative body of the City within five (�) days after the date of the granting of this franchise; and in vasa said bond shall not ba so filed, or shall not receive the an.proval of tha legislative body, this franchise shall. ba forfeited an: any money paid tc the Cit,; in connection therewith shall likewise be forfeited, Section 8, Grantee t s Obligations -- i9nera? the Grantee of tais franchise shall: (a) construct, install and maintain all Apas and appurtenances iL Accordance with and in conformity with all of the ordinances, rules and regzlat-ions heretofore or hereafter adopted by the legislative body of thiaCity in tha exercise of its police powers aid not in conflict with the paranount authority of the State of California, and, as to State Highways, sub jset to this provisions of general lwe relating to the location and maintenance of such facilities; pipe lines shall be designed in accordance with the American Standard Oode for Pressure Piping, Section 2 - Gras and Air 11iPing, (b) pay to the lity, on demand, the cost of all. repairs to public property made necessary by any operations of the Grantee under this frwnchiss. (e) indemnify and hold !armless the City azui its officers from any and all liability for dams. -as proximately resulting from any operations under this franchise, (d) in the anent that during the term of this -franchise, tre8 amity shall change any grade, width or location of any street, or improve an street In any manner, or lay any sewer, storna air?, conduit or ri:e, or construct subway, viaduct, padestrian tunnal, or any other lawful rit).ic work of a governmental character, or lay any water mw -in or ripe, anft such worlr shn11 reAder necessary any change im it position or location of any facilities or equipment of the Grantee in the strmst, including the su-.,7ory thereof while such work is being dome or porformed, the Grantee , at its own cost and ex-ocnse, within tr.lr, t -r- (30) days after written notice from tho Zngineer and regi-wst so to do, shall ?Vegin the wo '�: of doing !„nyYac: all things to e-pfect surh chamge, positIon or location in conformity with such written instractio'..!' s s if the Grant„1 s all s_xstain any loss, injaxy or d&maga by reason of the doing of ang, of tha hereinabove mentioned ru'_Aic works, and if said work- shall be hone it, a reasonable manger and without negligence on the part of the Cite and/,.,8r officer, 'hoard, commission, or arty c'e1 sxttien W thereof, then the Grantee shall have no recourse whatever against the City and/or :.any officer, board, cormissicn or department thereof on account oi such loss, injury or damage. The foregoing provision acquiring the Grantee to pay the cost -oval or relocntio,-- of its bra7chi.se properties shall :not apply wa;hen the romova,l or relocation of the frsnchisa Froperties is required in ora.ar to accomcdAte freeways, ar_d Grantea shall be entitled. to avail itself of the rights aford,el to it by Sections 700-711 of V^� Streets gni Jj.ghw'ey*s Code of the °ta.tr of California, except as changed or nodifi&I by the trovisioas of any agreement between the Grantee and the State of California or any agency thereof. However the cost of removal or relocation of tae franchise properties when regnirad ir. order tc i-v^comod^te freeways 9na.11 be done and accomplished without expense to the City. W V -lo with the legislative body, of the City withir_ t�airty (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 th,�reto by the WAW :7rq— .tppa or its dul;* �„tho.rized, officers. Section 9 STREET EXCAVATIONS The Grantee shall, have the right, subject to the provisions of this franchise and axistins o7, future City- rem l.ntions, to make all .necessary excavations in the streets for the laying and using, of franchise-^roporties. This franchise shall not relieve the Grantee from the provisions of any ordinance or law that may be in force at the time, reauiring permits to be obtained. for streat excavations before such work can to done. All excavations shall be made and refilled in strict compliance with the City ordinances that may be in force at the tiro; of the rerformance of the work. The Grantee shall make such do,:.,osi.t of honey or sht?_ll file such bonds with the City Engineer as may from time to time be required from persons maklig street eacav--tio^s. All exenvations shni bs so mala as not to irterfers inrn asonp.bly with the frena use of the streets by the public exce�;t such tem*oorary inter- ferences ns nmy be authorized by the City Engineer. Any r?awge or injury saffered by any person by iassor of any excavations beim; im- properl, pua.rded during such work shall be borne by the Grantee, Upon completion of the work, all portions of ,. 6 street: which have been excavated or otherwise injured thereby shall be placed in as good condition as before: start of work, to the satisfaction of tho City Engineer, find in the manner prescribed by 3rdixtance3. Section 10. SUPERVISION BY CITE` "he Ynpinaer shall have power to give the Grantee sia^h direct- icna for the lora.tion of any 'pipes and app, urtenances rMs may bc, r a.son- sbl-7 necessary to avoid sawsrs, water pipes, conduits or r,ther stz^aaturrAs lawfully in or under the streots; rind before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file wit'_. cxe.id. Mi-inAer -plans ohowing the location thereof, which shall ba subject to the approval of said i�ngineer (such approval n.ot to be unreason=ibly withhela); and all such construction shall be subject to the inspection of said Engineer and done to his reason..a,blo satis- faction. All street coveringz or o=penings of traps, vaults., an:? man- holes shall et all times be kept flush with the Surface of the streets; provided, h. -Never, that vents frr underground traps, vaults and ori holes may extend above the surface of the strects when said vents are located in ,gar>l.wrays, bet een:L the curb and the -prooerty liras, Where it Is necessary7 to lay any underground pipes through, under or across any portion of a paved or macad<sr±ized street, the same, where practic- able and economically roa.sonable, shall b3 done by a tunnel or bore, .o a6 not to di8t7,4xb tht -ruundation o: wuch raved or macadamized street; ani in the event thit the sa.naa cannot be so done, such work shall be doaa under :. _.,emit to be granted by the Briginsor upou application therefor. section 11. RBRURS If any portion of any street shr*ll be damaged by reason of defects in any of the pipes and apraurtenanees maintained or ccnstructed ander this grant, or by reason of any, other cause arising; from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Granteo shall, at itg uwn cost and expense, imi*dic!tely 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, suc'ra work `o be done Sander vz® d ireetz. on of the Rngin,aer, and to his reasonable satisfaction.. Section 12. FORTSIMEE (a) If tb-- Grantee of this franchise shall Fail, n.egllct or ref`uae to comply .A th any of the provisions or conditions hereof, ard shall not, within, ten (10) days after writ len demand for compliance, begin the work of coaplian.ce, or after such beginzdag shall not pro-eeute the same with duo dilige=3 t,o completion, then the City, its legislative boxy, my daclaa:e this franchise forfeited., (b) The City may sue aia it3 own nama for the forfeiture of this franchise in the event of non-compliance ty the Grantee, its successors or assigns, with any of the conditions thereof, Section 13, PIUIBI: I CAT ION The City Clark shall certify to the adoption of this ordinaries and shall cause tha same to be published once in the Costa Mesa. Globe Herald. ;!he Grantee oi' this franchise shall pixy to the City a ci.m of money* aufficierat to :reimburse it for all nlahlfe. tioby expenses incurred by it in cormactioa with the granting of this franchise, such payment to be mala withi thirty (30) days after the GJVC;y shall furnish such Grantee with a: written statement of such expenses, Passed and adopted tris .�.__ day of March, 1954. Mayer of the City of Costa Mesa City Clerk of th6 City of costa 1!.esa STATZ 07 CA7,IFrX.1 IA, ) COUNTY OI' ORA NGS, ) S3. CITY O -03S A' M jSA. } I, A. C. $!TARTZ, "it;y Cle.r',: of the City of Costa Mesa, do hereby certify that the above and xoregoing ordinance was duly pa;asad and adovtd by the Cit; Council of said City at a regular meeting thereof held on the daffy of March, 1954, by the following vote, to -Wit: AYES: COUNOILMEN: Martin, Miller, Nelson, Smith .and Te'4vinkle NOES: Councilmen: None AbSENT:COUNCILMEN: None IN WITNZSS WH E07, I have hereznto set my hand and affixed the official seal of said City this day of 14arch, 1.954, -10- City Clerk of tha City of Costa '.'esa RESOLUTION BY .................. OFTHE ............................................. City Council (Name of Legislative Body) City of Costa Mesa ---------- -----------------------------------------------------------------------•---.......----•----------- (Name of Municipality) DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY southern Counties Gas Company of California ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------•-•---•-•--••-- (Name of Applicant) UNDER THE FRANCHISE ACT OF 1937. WHEREAS, this...................................Q1' A1' .... ounall (Name of Legislative Body) southernCounties Gas Company of California hasreceived from ........................... ....................... -........................................................................................................... (Name of Applicant) a corporation organized and existing under and by virtue of the laws of the State of California, and engaged as a public utility corporation in transmitting and distributing gas for all purposes to con- sumers in various municipalities and communities in the State of California, including the ........................ City of Costa Mesa --------------•-----------------------------...------....------------.............---------------------............-----------------------.......------------...------------........----•-•-- (Name of Municipality) an application, under and pursuant to the provisions of the Franchise Act of 1937, for a franchise, which said application states, in compliance with the provisions of Section 2 of said Act, that the pur- pose for which the franchise therein applied for is desired is 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, alleys and places, as the same now or may hereafter exist within the ...................................... City of Costa Mesa ---- ---------------------------------------•--.......--------•....--••-----•--•---------••-•-------•....--------•--- (Name of Municipality) and that the term for which the franchise therein applied for is indeterminate, as defined in Section 5 of the Franchise Act of 1937; and WHEREAS, said application further states that the applicant, if granted the franchise therein t it of Cotta Nola applied for, will pay to the ..------•--••----------------•-----•--•-...•---•-......------...........••-•......, (Name of Municipality) during the life of such franchise, two per cent (2(7o) of the gross annual receipts of applicant 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 (117c) of the gross annual receipts of applicant derived from the City of Costa Mesa saleof gas within the limits of the ................ -------------------•...------....-•---•---•--•-•---••------•---------•--...•-•-....-----•.....-•----........, under said gas franchise. (Name of Municipality) NOW, THEREFORE, BE IT RESOLVED that this .....City..Councll (Name of Legislative Body) under and pursuant to the provisions of the Franchise Act of 1937, does hereby declare its intention to grant to ................................................. "!I71 Counties Gas Company of California ----••-•------••----•--•-----•---•------•-------•-•-----•----------------------- ----------- -- (Name of Applicant) the franchise so applied for; and ........................................... the ........................ day of ............................................... Ci Counall 19 , at. o'clock, ..... M., at the place where this --- ........ -- ................. (Name of Legislative Body) ' usuallymeets, to wit ....................................................................................................................................................... is hereby fixed as the day, hour and place when and where any and all persons having any objection to the granting of such franchise may appear before this ...........CJ Y .. COM11 ............................................ (Name of Legislative Body) and be heard thereon, (the time so fixed for such hearing being not less than twenty (20) nor more than sixty (60) days after the date of the passage of this resolution) ; and BE IT FURTHER RESOLVED that the Clerk of this ....... Cid.---- cartml................................•..... (Name of Legislative Body) is hereby directed to publish a notice at least once within fifteen (15) days after the passage of this resolution, in a newspaper of general circulation within this -_C1. a-..cc...0QfA..I ft M ...................... (Name of Municipality) towit, in the ..................................................................................................................... in the words and figures as (Name of Newspaper) follows, to wit "NOTICE OF INTENTION TO GRANT GAS FRANCHISE. TO WHOM IT MAY CONCERN: Notice is hereby given by the ....................... r&ty..i CounoJiL ..................................................................... (Name of Legislative Body) of the ................................... Aity..of ..: os". -Mena .............................. that it intends to grant, under and (Name of Municipality) pursuant to the Franchise Act of 1937, to the..stdblFB__ �__��..' ...of....CAIxforu i (Name of Applicant) a corporation, a 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, alleys or places, as the same now or may hereafter exist within the-.40}.y..o !-. (Mie olunicipality) andthat ..................................................... the ........................ day of .......................................................... , 19.....----., at ................o'clock, ......... M., at the place where this.................. ame of Legislative Body) usuallymeets, to wit------------------------------------------------------------------------•-------------...---------------...-----------------------....------•--........ is hereby fixed as the day, hour and place when and where any and all persons having any objection to the granting of said franchise may appear before this ........ #---------------------------------------------- ame o Legislative Body) and be heard thereon. At any time not later than the hour so set for the hearing of objections, any person interested may make written protest, stating objections against the granting of such franchise. Such protest must be signed by the protestant and be delivered to the clerk of this ........................... ---------------------------------------------------•--------....------.-----:r QflLltifJ. .�....------------------....----------........------•-----.....------....... (Name of -Legislative Body) The term for which said franchise is proposed to be granted is indeterminate, as defined in Sec- tion 5 of the Franchise Act of 1937. 1 The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the ........................................................ Of CMU M ------------------------------------------------------------------------------------- (Name of Municipality) two per cent (2%) of the gross annual receipts of the grantee and its successors and assigns 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 (19o') of the gross annual receipts of the grantee, its successors and assigns, derived from the sale of gas within the limits of the ... Et'.� Or SrOitd maim (Name of Municipality) under said gas franchise. Said percentage will be paid annually from the date A the granting of said franchise, and in the event such payment shall not be made said franchise will be forfeited. Dated...........................................................19........... and •.................................................•--•-•------------------•••-•......••......... City Conrail Clerkof................................................................................ (Name of Legislative Body) of the ._..C_`ity of.. COS" Asim ...................................................... (Name of Municipality) BE IT FURTHER RESOLVED that the grantee of said franchise shall be required to file a bond City of C©s" 1:e� running to the .............................. ........---• •---------........................ with at least two (Name of Municipality) City Coil good and sufficient sureties to be approved by this................................................................................................... (Name of Legislative Body) in the penal sum hereby prescribed to be......................................................................................................Dollars ($----------------------------------), conditioned that such grantee shall well and truly observe, fulfill and perform each and every term and condition of such franchise, and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liqui- dated damages and shall be recoverable from the principal and sureties upon said bond. f Page 4 Costa Mesa Globe -Herald Section A THURSDAY, JULY 1, 1954 LEGAL NOTICE LEGAL_NOTICE__ - ORDINANCE 49 'he use, operation or Possession AN ORDINANCEoP seed teen hl p LEGAL NOTICE ---- Section 8 ------ GRANTEE'S OBLIGATIONS— GENERAL Thr L'rnnlrc of this franchise OF THE CITY c se. rovtded, how -shall: OF COSTA .MESA GRANTING ever, the such payments shall hi tAl ronxtruct, instal] and ..in. SOUTHERN COUNTIES no ,Veal Ire less than a sum twin all pipes and appurtenances GAB COMPANY OF CALI- which shall be equivalent to one in accordance with and In con- FORNIA, A CORPORATION, percent (I%) of the total gross fortuity with all of the ordinances, THE RIGHT, PRIVILEGE annual receipts derived by Gran- roles and regulations heretofore AND FRANCHISE TO LAV tee from the sale of gas within or hereafter adopted by the legis - AND USE PIPES AND AP- the limits of the City under this lative body of this Cily in the P U RTE N A N C E $ FOR franchise. exercise of Its police powers and ThANSMITTING AND DIB- The Grantee of this franchise not in ear, -flet ith the Para- T.RIBUTIN4 OAS FOR ANY shall IIIc with the Clerk of the mount authority of the State of AND ALL PURPOSES UN- City within three, (3) months af. Cslifornia, and, as to State High. DER, ALONG, ACRO88 OR ter the expiration of the calendar way, subject to the provisions of U. P O. N T H E P U B L I C year, or franetionsI its lendar year, general laws relating to the Joca- STREET B, WAVE, ALLEYS following the date of the grant of tion and maintainare, of .such fu - AND PLACES AS THE SAME this frsnchise, and within (31 cililies; pipe lines shall beit,- NOW OR MAY HEREAFTER months after the expiration of signed in accordance with the EXIST WITHIN SAID MU- each and every calendar year American Standard Cody for NICIPALITV, their ter, a duly verified state- Pressure Plping, Section 2 Tho City Council of the City meat showing in detail the total old Air piping of Costa Mess does ordain as fol- groan receipts of the Grantee, its (B) pay to the City, on demand. Iawsz succeasers or assigns, during the he cost of all repairs to Public Section t. Previous calendar year, or such property made necessary by any INTERPRETATION fractional calendar year, from rperstions of the Grantee under OF FRANCHISE the sale of the utility service with- this franchise. Wherever In this ordinance the in the City for whichthis fran- (C) indemnify and hold I-- words or phrases hereinafter In chise is granted. It shall be the 'ass the City and its officers from this section defined are used, they duty of the Grantee to pay to the any and all liability for damages shall have the respective mean- City within fifteen (15) days af- )roximalely resulting from any Ings assigned, to them in the fol- ler the time for filing such state- operations under this franchise. lowing definitions. (unless in the ment, in lawful money of the tD) in the event that during given instance the context United State., the specified per- the term of this franchise, the W herein they are used shall clear- centage of its gross receipts for. City shall change any grade, ly import a different meaning): the calendar year, or such frac width or location of any street, (A) The word "Grantee" shall tonal calendar year, covered by or improve any .street i any mean the corporation to which uch statement manner, or lay any Sewer, storm - the franchise contemplated in this Any neglect, omission or re- drain, conduit or pipe, or con - ordinance is granted and its law- useI by .said Grantee to file such i'truct anY subway, viaduct hip" auccessera or assigns. + rifled statement, or to pay said. drstrlan tunnel, or any efface law - (B) The word "City" shall Percentage, at the times Ir in the fol Public work of n governmeat- mean the City of Costa Mesa, a manner hereinabove provided, al character, u' lay any wntm municipal corporation of the hall be grounds for the declare- main or Pipe,l and such work State of California, in Its present :ion of a forfeiture of this Iran- shall render n c,ssary any change Incorporated form or In any later chise and of all rights hereunder. in position orelocation n[ any fa- reorganlzed, consolidated or rein- Section 4 "bills or equipment of the Gr.n- CPrporated form. TERMINATION OF tee in the street, including the (C) The word "Engineer" shall EXISTING FRANCHISES support thereof while such work mean the City Engineer of the This grant is made In lieu of all is being done or Performed, the Cl ty. other franchises, rights, or privi- Grantee, at its own cost and ex. (D) The word "Gas" shell I,ges by the Grantee, or by any Peae, within thirty 1301 days at- 9mean natural or manufactured successor of the Grantee to any ter written notice from the En - gas or a mixture o1 natural and rights under this franchise. for gullet and request so to do, shall manufactured gas. transmitting and distributing gas begin the work of doing any and (E) The phrase "Pipes and Ap- within the limits of the City, as all things to effect such change. pipe inences' shall mean pent, said limits now or may hems, Position or location in ronformity pipeline, mein service, trap, vent, exist, and the acceptance of too with Such written instructions. vault; manhole, meter, gauge, franchise hereby granted Blau If the Grantee shall sustain any regulator, valve, conduit, appli- operate as an abandonment of all loss, injury or damage by reason ante, attachment, appurtenance such franchises, rights and privi- of the doing of any of the hero tad any other property located or leges within the limits of the City, inabove mentioned public works, to be located In, upon, along, as such limits now or may hcreaf- and it said work shall be done in across, under or over the streets ter exist, in lieu Of which this a reasonable manner and without of the City, and used or useful in franchise Is granted. negligence on the part of the City the transmitting and/or distribu- This grant, however, shall not and/or officer, board, commis - `fon o1 gas, deprive the City of any or all Sion, or any department thereof, IF. The phrase "Lay and Usc" pay (then the Grantee shall have no shall mean to "Iconstrucp mento that it Ls entitled to receive , up to the effective date of the recourse whatever against the erect, )natalr operate, maintain, granting of the franchise by rea- City and/or any officer, board, t�". repel,, replace or remove. son of any other franchise, rights, commission or department there - (G) The term "Effective Date" or of that may have been of on account of such loss, injury shall mean the 31st day atter the owned by the Grantee. Or damage. date of passage of this ordinance, Section 6 The foregoing provielon renal,- s Provided that the bond and ac- ACCEPTANCE fag the Grantee b pay the cost or t Ceptance o! franchise have been The franchlee granted hereon• removal or relocation of Its tran- filed'as hereinafter provided. or shall not become effective en- chise properties shall not apply 1 (H) The term Franchise ill written acceptance thereof when the removal or relocation Property" shall mean the rights shall have been Ill d by the Gran- °f tlr franchise properties is granted by this franchise and all tee thereof with the Clerk of the quired in order to accomodate property constructed, Installed, freeways, and Grantee shell be t operated, or maintained in or u _ City. When so Filed, such accept- c P ance shall constitute a Continuing entitled o avail Itself Of the s on the public streets pursuant to agreement of the Grantee that it rights afforded to it by Sections t any right or privilege granted by and when the Cit shall thereafter 700-711 of the Streets and High- thie lrancMae. y ways Code of the Stet, of Ceh- f1) Aa used In this ordinance, annex or consolidate with adds- forma, except as changed or mod. the sin ular number Includes the tional territory, any and all Iran- y provision of any Singular agre b the t plural and the lural number In- chise rights and privileges owned P agreement between the Grantee eludes the singular by the Grantee therein shell like- s wise be deemed to be abandoned antl the Siete of California or li (J) The word "Street" shall within the limit.., of such territory. easy oge `ceynthovof. However the mean any public street, road, Within ten (10) days after the 1u, oval or 'elncation f 1 highway, lane, alley, court, side- passage and publication of this the franchise Prof rn'tiec when re - walk, parkway, easement, or aim- °rdinencc, the Grantee shell IIIc qui"'w'-1.1 e e i order to or,. Ila, public place (or above or be- with theeptlince City Clerk a written ac- ew yon shall be don, tl ' low same) which now exists or complished without expense =date e which may hereafter exist within granted, of the franchise herein the Cit II the City, Including any public granted, and an aggreement to y' f comply with the terms and condi- IE) File with the legislative highway within the City of Costa lions hereof. body n[ the City within thirty s Mesa heretofore or hereafter con- (301 days after any sale, frans- atitutetl aState Highway. Section a for. assignment o1' lease of this G Section 2. EMINENT DOMAIN franchise, or any part thereof, or ° GRANT OF FRANCHISE The franchise granted hereon -lot any of the rights or privileges That the right, privilege and :fee shall not in any way or to any granted thereby, written evidence d franchise, subject to each and all extent Impair or affect the right of the same, certified thereto by of the terms and conditions con- of the City to acquire the proper- the Grantee or its duly author- tained fn this ordinance, and put- y of the Grantee hereof either ized officers. suint to the provisions of the Jy purchase or through the oxer- A "Franchise Act of 1937" be, and =Ise of the right of eminent do the same is hereby, granted to nain, and nothing herein c Southern Counties Gas Company retold shall be construed to con of California, a corporation or. tract away or to modify or il ganized and existing under and fridge, either for a term n in by virtue of the laws of the State Perpetuity, the. City's righty of of California, herein referred to eminent domain in respect to the as the "Grantee," to lay and use Grantee or any public utility. Nor pl nes and appurtenance for 'hall this franchise ever be given transmitting and distributing gas any value before any court or for any and all purposes, under, other Public authority in any pro - along, across or upon the streets ceeding of any character m ex - of the City for an indeterminate tl0ss of the cost 1. the Grant- of term or period from and after the ..he necessary Publication and any effective date hereof, that is to rther sum paid by it to the City say, this franchise shall, endure herefor at the time of the equisi- in full force and effect until the tion thereof. same shall, with the consent of yne Public Utilities Commission of the State of California, be volun- tartly surrendered or abandoned by its possessor, or until the State of California or some mu- nicipal 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 mu- nicipal or public corporation pur- chasing or condemning such prop- erty, or until this franchise shall be forfeited for non-compliance with its terms by the possessor thereof. Section 3. PAYMENTS TO CITY The grantee shall pay to the City at the limes hereinafter spe- cified, in lawful money of the United States, a sum annually which shall be equivalent to two percent (2/) of the gross annual receipts of Crantee ari,ginf from Section 7 BOND The Grant,, of this franchise shall file a bond, running to the City, with a least two good and ,ulficeent sureties to be approved by the legislative body thereof, in penal aum of $1,000.00, eondi- tioned that the Granter. shall well and truly observe, fulfill and per- form Cecil slid every term and condition of this Iranchisr. and that in case of any breach of cno- dition Of said bond, the whole amount of the penal sum therein named shall be. taken and dcemrd to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with the legis. [.five hotly of the City within five (5) days after the date of the granting of this franchise; and in rase ..id bond Shan net hr n filed, or shall not. receive the approval of the legislative body, this franchise shall he foreteit'l and any money paid to the Ci[y in connection therewith shall like wise be forfeited, Section 9. STREET EXCAVATIONS The Grantee shall have the right, subject to the provisions of this franchise and existing or fu- lure C'ily regulations, to make all necessary excavations in t h e streets for the laying and using of franchise proper[lSa This fran- chise shalt not relieve the Grantee from the provisions of any or- dinance or law that may be in force at the time, requiring per- mits to be obtained for street ex- cavations before such work can be done. All excavations shall be made and refiled in strict tom- . pliance with the City ordinances that may be in force at the time �11 the Performance of the work. The Grantee shall make such de- posit of money or shall file such bonds with the City Engineer a may from time to time be re- quired from persons making street excavations. All ,z ova- tions shall be an made as not. to interfere unreasonably with the free us, of rho 'treat., by the, pub- lic except such te"Porary nto'- f,.ene., .s may be authorized by the City Engineer. Any damag, injury suffered by any person by reason of any excavations "" Ing improperly guarded during .such work shall be borne by the Grantee. Upon completion of the work, all portions of the streets which have been c voted or otherwise injured ih,n'by shall be placed i s good condition a before start of work, to th, salts isfacf ton of the City Engin„,, and in the manner prescribed by et'dinmue. Section 10. SUPERVISION BY CITY The Fnninee• chnll hone -- S C of he fo Con C on da in A N A ha .f Cit Pu M_ LEGAL NOTICE In give Ih, Giant,, such d r, - ions for the location of P,ms' and appurtenances as may be rea-', nobly necessary to avoid s sl rwale, pipes, conduits or nih,r uctures lawfully in n under) the streets; and before the work of constructing any pipes and ap-1 portraitures commenced, the( Grantee shallfillwith said En -1 gine' plans showing the location thereof, which .chill ,, Subjee (o the spluo l of said E;ngin,er Snell Approval nal to- sonably withheld); and all twreh construction shall be .suhjcct to, the Inspection of said Engineer end don, to his ma noun file sal)' - faction. All strv,t cover rings o openings of traps. veullend manholes shall at all times he kept flush with the su,bi,e of the streets; provided, however, that vents for underground trots, ells and manholes may extend above the surface of the streets ,bell Said vents are located i narkways, between tihe curb and the Property line. Where it is nec- ,m'y to lay any underground ,ipes through, under o cross v portion of a pav,dr�ofl Me- 1adamlzed street, the same, where Practicable and economically m.- :onable, Shall be done by a tun- uc•1 or bol so as not to disturE the to of such paved on macadamized street; and in th, event that the same cannot be se, done, such work Shall be done under a permit to be granted b� the Engineer upon applical.ior thrr,for- Section 11. REPAIRS If any Portion of any street shall be damaged by reason of d,-� feet., in any of the pipes and ap-' purtenaneva maintained or con -i ,Structed under this grant, or by reason of any other cause tii - ing from the operation or tence of any pipes and apor- cos construcmd main. Wred under this grant, said Grantee shall, at its own cost and, expense, silly repair any ,uch damage and e'le'ct such ur,et. or Portion of strere; to and n condition as existed brtorcl wch drfrrl r other cause of damage oecurred, such work to be done under fh, direction of tlr Engineer, and to his reason -I, able satisfaction. Section 12. FORFEITURE (A) If the Grantee of this fran- chise shall fail, neglect or refuse to comply with any of the pro- visfons or conditions hereof, and shall not, within ten (10) days atter written demand for com-, pliunce, begin the work of com- pltance, or after such beginning! hall not prosecute the same with due diligence to completion, then he City, by Its legislative, body, may declare this franchise for -i cited (B) The City may sue in Ih own name for the forfeiture o' his french ise in the event of non ompllance by the Grantee, In uccessors or assigns with any of he conditions thereof. Section 13. PUBLICATION The City Clerk Shall certify u he adoption of this ordinance and hall cause the nam, to be pub. shed n in the Cost. Mes.- Globe Herald. The Grantee of his franchise shall pay to the City a sum of money sufficient to eimhurse it fur all publication xpenses incurred by it in connec- on with the granting of this ranchise, such payment to be made within thirty (30) days file the City shall furnish such anter with . written statement f such exapn ase.,. Passed d adopted -this 21st ay of June, 1954. C. M.NELSON. Mayor of the City of Costa MC.sa. TTEST: A. C. SWARTZ, City Clerk of the City of CostA Mesa. TATE. OF CALIFORNIA,F N OUNTY OORANGE, GE ss. Ci OF COSTA MESA, I, A. C. SWARTZ, City Clerk the City of Costa Mesa, do reby certify that the above and ,agoing ordinance was duty, sSed and adopted by the City uncil of said City at . regular eating thereof held on the 21st y of June, 19,54, by the follow - g vote, to -wit YES: COUNCILMEN: Martin, Nelson, Pinkley, Smith. Te - Winkle, GES: COUNCILMEN: Non,. A ISENT: COUNCILMEN: Noor. N WITNESS WHEREOF, I e hereunto set my hand and .if the official seal of said y this 21st day of June, 1954.. A. C. SWARTZ. City Clerk of the City of Costa Mesa. blish July 1. 1954, In the Costa l .a Ginhc-Herald..