HomeMy WebLinkAboutORD 021ORD 021ê79wS ×P ì À
C7,71171 17' I
A;
J 30 11:1 COt L'sS r S CO T'rii: Y' Or' CALIF U I_~A, A
CC}''POI.A':C0 T, AHD l A''Ci SE TO
Iu^-~`~' 1tTD US.~ PTP'.v ii`;) iLI'P~ 1 r'i'GLS 0 lFis:,ST~iIT-
TT''G A'?I) DISTR7-~Tl?T~3 AS 0=, A"' A!11) ALL P_~ POSLS
n' l. L~' 1'C"
1=1D% IL, ALO G, AC'.OSS C1: L~'01' T~L PL,JLIC Sml~~J.~TS,
wA`'S, ALLEYS A`TT) PLACES, AS OW 0i~ I! i!
s_AYice-'. IS`i, 7' r` S.1h iidICIPALTT'Y.
THE, CITY COUiICIL 01' THi; CITI Oi 3AIL jj.T PAHK DOL:, E~, 7,_ OT~l)Alid AS FOLLOWS:
clap= 6-FIRL'CiIISZS
SECTIOTd OTTE--Southern Counties Gas Company
of California
6601.1 Interpretation of i"rancnise. Whenever in this ordinance the words or
phrases izereinai'tar in this section. dlefined are used, they shall have the
respective mean--ngs assi ned to Lhe» in tine following definitions unless,
in t, ii given Las` Lance, the cc nte:,~t wherein the axe used shall clearl,T im-
port a c1 fferent rnean_^g).
a) The T,.ordd rarntee" shall- rae,-m the con oration to T-:r~ich the fran-
ch se cunter:,)lated in t:~.is ore-ALPance is ranlted and its lawful
s:zccessors or assigns;
1,) Th(~ T.ord City" shall mean the City of 3aldwin Park, a mL.nicipal
corporation of e State of California, in its present incorTpor-
aaed fcr-a or L-: a_i_l-, later reor"anized consolidated or rei~:icorpor-
ated Q_-M;
c) The word Engineer" shall can the Cit, n-i.neer of the City;
c) The word as" shall ean natural or manufactured gas, or a
mixture of natural and ianufactured as;
e) The p'irase Pip--s and. k[; u.rte_naaces" shall mean pipe, pipeline,
main, servi_ce,tr=.p, vent, vault, manholdj meter, gauge, regu-
lator, valve, conduit, a,_liance, attac'ament, appurtenance and
anti other property located or to be located in, upon, aloe-;,
across, under or over the streets of the City, and used or use-
ful in the transmrittin_, and/or di stn uut_-_on of as.
f) he pr_rase lad- and use" s a11 mean to lay, construct, erect,
install., operate, lairta~r~, 1_ se, repair, r-7-place or remove.
g) The term Efi°ective Date" shall mean the 31st day after t e
date of assa"e of t-is ordinance, providec that the bond and
acce?;tanc~ of francnise ave been riled as hereinafter provided.
h) The term Franchise Property" small mean the rJ.-hts grmnted oy
tI:_-mss fra??c Iise and all pronert;i constructed, installed, operated,
or a:aintair_ed in or upon lie ublic streets pursuant to any right
or privilege granted by ti-_-,s franchise.
i) As used in this orci-inance, the sin-ular number includes the
plural and taeplural n~siu e-ri-_ch.;des the sin:, ular.
Tiie vTord Street" shall rean ay ublic street, road, hiZhiiay,
lane, alley, co=t, si d~ewal' parkway, easement, or si.mi lar uublic
place or a.,ove or below sal,,.e) w-:iich now exists or which nay here-
after exist within the Cite, includin:Z any public highway within
t-e City of 3aldwin Park heretofore or hereafter constituted a
State hwa y.
ORD 021ê79wS ×P ì À 6601.2 grant of Franc'-ija. That the right, privilege and franchise,
subject to each and allmf l,ne terms and conditions coi:tained in t1ais ordinance,
and pursuant to the Provisions of tile Franc.cise Act of 1937°, be and the
same is hereby granted to Souther Counties Gas Company of California, a
corporation or,,,anLzed and existilZ under and. by virt:::e of the laws of the
State of California, herein referred to as the Grantee", to lay and use
and c istribt-tine as for any and all
DU rtenances nor tra.~a
c s, der, along, across or t;pon the streets of the~City, for an indeter-
m-i me ten[L or period from and a::ter the e f- ective date hereof, that is to
say, this rranchise sr.all endure in full force and. effect until the same shall,
with hcs c,~ sent of tie Fa:blic Ctilities 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 thereu_:to iiuly authorized
by law shall purci_ase by voluntar;T agreement or shall condemn and take under
the power or emi.nent domain, all property actuallir used and useful in the ex-
ercise of this franchise, ar_d si-~uate within the territorial limits of the
State, municipal or public corporation purchasing or condemning such property,
or until this franchise shall be forfeited for non-compliance with its terms
by thc: possessor thereof.
6601.3 Payments to City. The qrantee shall pay to the City at the
ties hereafter specified, in lawful money of the United States, a sum an-
nually which wi~'rn'shall be equivalent to two per cent 2%) of the gross
annual receipts of Grantee arisL g from the use, operation or possession of
said franchise; provided, nwever, than, such payment shall in no event be
less than a sum which shall be equivalent to one per cent 1~0') of the total
moss annual receipts derived by Grantee from the sale of gas within the
limits of the City under this franchise.
The Grantee of this franchise sinallfile with the Clerk of the City
within three 3) moths after the e x-iration of the calendar year, or
fractional calendar v~ar, following vine date of the rant of this franchise,
and within three 3) months after the expiration of each and every calendar
year tiiereaft`:r, a duly verified statement snowing in detail the total gross
receipts of the Grantee, its successors or assi!,-;ns, d:~_riz-_g t:.,e receding
calendar year, or such fractional calendar year from the sale of the t_tility
service within the City for v,7 icC1 this franchise is granted. It shall be
the duty of tYi,-, srantee to pay to the City Tr;.t1hin fifteen 15) days alter
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 LT: such statement.
Any neglect, ommission or refusal by said Grantee to f'.le s,-.c:: verified
statement, or to pay said ercenta>e, at the ti:!:es or in the manner herein-
above provided, shall be rounds for the declaration of a forfeiture of this
franchise and of all rights hereunder.
6 601 4 Termination of Existing Franchises. This grant is made in lieu
of all other franchises, rights, or privileges owned d5 the Grantee, or uy
any successor of the Grantee to any ri_-hts under this franchise, for trans-
mitting and distributing as within the limits of the City, as said limits
now or ma,; hereafter exist, and the acceptance of the franchise hereby granted
shall operate as an abandonment of all such franchises, rhts az:c. vrivileges
within the limits of the City, as such limits now or may hereafter exist, in
lieu of which t'':iis franchise is ranted.
This grant, however, shall not deprive the City of and or all payments
that it is entitled to receive up to the effective date of the ranting of
the franchise by reason of any other franchise, rights, or privileges that
may have been owned by the rantee.
6601.5 Acceptance. The franchise granted he..,:under small not become
effective unti writ en acceptance thereof shall have been filed by the
Grantee thereof th the Clerk of the City. 4hen so filed, such acceptance
shall constitute a continuing agreement of the Grantee that if and i.nen the
City shall thereafter annex or consolidate with, additional territory, any and
all franchise rights and privileges burned by the Grantee therein shall like-
wise be deemed to be abandoned within the limits of such territory.
ORD 021ê79wS ×P ì À Within ten 10) days after the passage and publication of tihi: ordinance,
the Grantee shall file with the City Clerk a written acceptance of the fran-
chise hereby granted, and an agreement to comply- with the terms and condi-
tions hereof.
6601.6 Eminent Domain. The franchise granted hereunder shall not in
an-,u 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 exer-
cise of the right of em bent domain, and nothing herein contained small be con-
strued to contract away or to modify or abridge, either for a term or in perpe-
4 tj%, ti:e City's right of eminent domain in respect to the Grantee or any
public utility. T?or shall this franchise ever be riven any value before any
court or other public authority in any proceedln„ 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.
6601.7 3ond. The Grantee of this franchise shall file a bond, running
to the City, with at least two good and sufficient sureties, to re approved
by the legislative body thereof, in a penal sum of $5000.00 conditioned
that the Grantee snall well and truly observe, fulfill and perform each and
ever7- term ant. condition of this franchise, and that in case of any broach of
condition of said bond, the whole amount of the penal sum therein named shall
ce taken and deemed to be liquidated damages and shall be recoverable from
Lie or-inc.Lpa1 anCa. surties oon s7.id ccnc. Said bond shall be filet with the
1e_,-:islative ody of the City within five days after the date of the grant-
in of this franchise; and in case said i..onc. s all not 1,e so filed, or shall
not receive the approval of the legislative body, this franchise shall be for-
fe-_ted and any money naid to the City n connection ther~c:-;t?_j snail likewise
e forfeited.
6601.8 Granteets Obligations General. The Grantee of this franchise
shall
a) construct, install and nainta n all pipes and aprurtcn rces in ac-
cordance with and in conior:;pity- with all of the ordinances, rules
and regulations heretofore or hereafter adopted by the legislative
body body of this City in th- exercise of its police powers and not in
conflict with the paramount authority of the State of California,
and, as to State ri= hwa;ys, subject to the provision.- of general
laws relatin` to the location and maintenance of such facilities;
pipe lines shall be desi;Jned in accordance wit'ri the American Stan-
dard Code for Pressure Pi.pin„, Section 2 las and Air Piping.
b) pay to the City, on demand, the cost of all repairs to public pro-
perty made necessary b, any operations of ihe Grantee under this
franchise.
c) indemnify and hold harrriless the City and its officers from ahny and
all liaoility for damages proximately resultint from any operations
under tEls franchise.
d) remove or relocate, witnou.t expense to the City, any facilities
i:~stnlled, used or hai:: tained under this franchise ii anti when made
necessary by any- lawful change of grade, location, use, all-nment
or width of any public street or place by the City; but the fore-
oing provision requirLn- the Grantee to pay the cost of removal or
relocation of its franchise properties shall not apply when the re-
moval or relocation of the franchise properties is required in order
to accommodate freeways, and Grantee shall be entitled to avail it-
self of the ri hts afforded to it by Sections 700-711 of the Streets
and iii hways Code of the State of California except as changed or
modified l,y the provisions of any agreement between the rrantee and
the State of California or any agency thereof. However, the cost of
removal or relocation of the franchise properties vrnen rogtired in
order to accommmodate freeways snail be done and accomplished with-
out eyrense to t'.-,- City.
ORD 021ê79wS ×P ì À ORALNANCE NO. 2
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 any of the rights or privileges granted
thereby, written evidence of the same, certified thereto by the
Grantee or its duly authorized officers.
6601.9 Street Excavations. The Grantee shall have the right, subject
to the provisions of this franchise and existing or future City regulations,
to make all necessary excavations n the streets for the laying and using of
franchise properties. This francliLse shall not relieve the Grantee from the
provisions of any ordinance or law that may be in force at the time, requiring
permits to be obtained for street excavations before such work can be done.
All excavations shall be rude and refilled in strict compliance with the Cit,
ordinances that maybe in force at the time of the performance of the work.
The Grantee shall make such deposit of money or shall file such bonds with
the City Engineer as Ioay from time to time be required from persons making
street excavations. All excavations shall be so made as not to interfere
unreasonably with the free use of the streets by the public except such tem-
porary interference as may b e authorized by the C_ty Engineer. Any damage or
injury suffered by any person by reason of any excavations being improperly
guarded during such work shall be borne by the Grantee. Upon completion of
the work, all portions of the streets which have been excavated or otherwise
injured thereby shall be placed in as ood condition as before start of the
work, to the satisfaction of t':e City Engineer, and in the manner prescribed by
Ordinance.
6601.10 Grantee to furnish maps of lines. The Grantee shall furnish to
the City a plot map or maps showing the approximate location and size of all
underground installations of grantee within or under any public or private
streets within the City limits.
Semi-annually the grantee shall furnish to the City a plot map showing
the location or relocation of any underground installation during the
preceding six-months period.
6601.11 Supervision by City. 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 aprm oval not to be unreason-
ablywithheld); And all such construction shall be subject to the inspec-
tion 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 macadand zed 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 macad-
anized street; and in the event that the same cannot be so done, such work
shall be done under a permit to b e granted by the Engineer upon application
therefor.
6601.12 Repairs. If any portion of any street shall be damaged by
reason of defects in any of the pipes and appurtenances maintained or con-
structed under this grant, or by reason of any other cause arising from the
operation or existence of any pipes and appurtenances constructed or main-
tained under this grant, said Grantee shall, at its own cost and expense,
immediately 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, such work to b e done under the direction of the Engineer,
and tc his reasonable satisfaction.
ORD 021ê79wS ×P ì À 6601.13 Forfeiture.
a) If the Grantee of t.-,is 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, be 1n the won?: of compliance, or after such beginning
shall not prosecute thO sane wT_ti: due dili„ei~ce to complet on,
then the Cite-, by its le;Jislative cody, may declare this fran-
chise forfeited.
b) The Cite mad. sue ui its ow name for the forfeit=e of this
franchise, in the event; of non-r:upliance by the Grantee, its
successors or assigns, wl-th any of the conditions thereof.
6601.1 Publication. The Citr Clerk shall certify to the doption
of this ordinance and shall cause the same to be published once in t..e
of'licial newspa,~er of the City. The Grantee of this franchise shall pay
to the City a sum of mone- % sufficie to reLm'Ourse it for all publication
expenses incurred by it in connection z,-ith the granting of this franchise;
such payment to be made within t.iirty 30) days a~fter the City shall furnish
such Grantee w tt1 a written! statement of s,, c l expenses.
PASSED AND APPROVED this day of 1956.
AT T Hayor
Ci y Clerk
C2:RT IFICAT ION
STATE Or CALIFORNIA.
COLNTY Or LOS UGLLES) SS
CITY OF JALZ y T PARK
I, lmer Cook, being the du__y elected and qualified Clerk of the City
of Baldwin Park, hereby certify that the foregoin 0 dinanc was introduced
at the meeting of the City Counc'__l Geld on tine Y day of 1956,
and that the same was read in fuT_l' and was uly adoptred_ a he regular AaG.lo&LY„e,(
meeting of the City Council meld on the~4day oz f K p1 1956, by the
following vote:
AYyS:
YOES: Councilmen-~(s c
A SL7,:T: Councilmen`(.,„ C
L
City Clerk
Seal.,
ORD 021ê79wS ×P ì À ORD. NO. 21
AFFIDAVIT OF POSTING BY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF BALDY^TIN PARK
Elmer Cook, being duly sworn,de,poses and says:
That I am the duly elected and qualified City Clerk of the City o£
Baldwin Park; that I caused to be published in the Baldwin Park
Bulletin, a weekly newspaper, on the 28th day of June, 1956, a copy
of Ordinance No. 21, as required by law and the Baldwin Park
Municipal Code.
Elmer Cook
l
Subscribed and sworn to before me
this old day of U 195
EVA EIDER PUGH
Notary Public in and fo said County
and State My Commission Expires March 6, 1959
BIB]
39007-U01
ORD-U02
021-U02
LI2-U03
FO94595-U03
FO94601-U03
DO94700-U03
C5-U03
ORDINANCES-U03
10/16/2006-U04
ROBIN-U04