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HomeMy WebLinkAboutOrdinance #99 ORDINANCE NO 99. AN ORDINANCE GRANTING A FRANCHISE TO THE WEST COAST GAS, LIGHT &FUEL COMPANY,A CORPORATION, GRANTING THE RIGHT TO LAY, PLACE,CONSTRUCT, MAINTAIN,AND OPERATE GAS PIPES AND GAS MAINS AND OTHER APPLIANCES FOR CARRYING GAS FOR HEAT, LIGHT,AND POWER,AND TO LAY SAID GAS PIPES AND GAS MAINS UNDERGROUND IN, UPON,AND OVER THE STREETS,ALLEYS,AVENUES, THOROUGHFARES, AND PUBLIC HIGHWAYS OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,AND TO EXERCISE ITS PRIVILEGE OF OPERATING SAID GAS BUSINESS WITHIN SAID CITY. The Board of Trustees of the City of Huntington Beach do ordain as follows: Section I The West Coast Gas, Light&Fuel Company is hereby granted a franchise to law,place,construct,maintain,and operate gas pipes and gas mains and other appliances for carrying gas for heat, light,and power,and to lay said gas pipes and gas mains underground in,thoroughfares, and public highways in the City of Huntington Beach, California, and to exercise its privilege of operating said gas business within said City of Huntington Beach for a period of forty years;together with the right during this period to manufacture and to furnish and to distribute gas through said pipes and pipe lines under and along all of the streets, alleys; and public places to the persons, firms,and corporations of said City of Huntington Beach,for light, fuel, and power, and to collect rents,tolls, and charges for the gas so furnished in the said City of Huntington Beach; subject to all of the provisions and limitations hereafter set forth in this Ordinance. Section 2. That the terms and conditions upon which this franchise is granted are as follows;and the grantee of this franchise,or its assigns, shall be required to file a written acceptance of the terms and condition hereof which the Clerk of the Board of Trustees.of said City of Huntington Beach within thirty day of the passage of this Ordinance. Section 3. That all the pipes and pipe lines to be laid and maintained under this franchise shall be of good material and workmanship,and of sufficient size to supply all persons residing along the lines of said pipes and pipe lines who many desire to use the'same,with an adequate supply of gas for domestic and power purposes; and that the gas to-be furnished and distributed through said pipes and pipe lines shall be of good quality,free from all injurious ingredients,and of sufficient purity to be suitable for domestic uses; and that the grantee of said franchise,or its successors or assigns, shall, upon request from any person residing along the line of any of said pipes or pip lines,and upon payment of his,its,or their reasonable charges for making the connection and for furnishitig-gas, furnish to such persons and adequate supply of gas for domestic use. Section 4. That the Board of Trustees of the City of Huntington Beach shall have?*right to regulate and fix the charges of said grantee of its successors or assigns ORD. 099 1 for gas furnished and distributed through said pipes and pipe lines,provided that the rates so to be fixed shall be reasonable. Section 5. That said grantee or its assigns shall so construct and lay all underground conduits,mains and gas pipes so that the same shall not be less than eighteen inches below the surface if the street, alley,or thoroughfare, and all conduits, mains,and gas pipes shall be laid and kept air and gas tight at all times durnig the life of this franchise. Section 6. That is shall be lawful for said grantee or its assigns to make all necessary and needful excavations and openings in any of the streets,alleys,or thoroughfares,of said City in which they may desire to place said conduits,pipes and gas mains or connections therewith,for the purpose in this Ordinance mentioned;that there may be traps and manholes constructed along the said pipe lines for the purpose of affording access to the said pipe lines for cleaning and maintenance thereof; said traps and manholes to be so capped and covered as to be flush with the street,alley, or thoroughfare, and not to interfere in any way with the use of said street, alley, or thoroughfare for travel or traffic. Said grantee or it assigns shall submit plans and specifications for the construction and laying of said pipes, conduits,and gas mains, manholes,and traps to said Board of Trustees,which said plans and specifications shall be approved by said Board before work in connection therewith is commenced. All work in this franchise mentioned that shall be performed upon the public streets, alleys,or thoroughfares,of said City in excavating for,replacing,renewing,and repairing the said conduits,main, and gas pipes,traps, and manholes shall be in strict compliance with the rules and ordinances which have been or may be adopted by the aid Board of Trustees and under the instruction and to the satisfaction of the Superintendent of Streets of the City of Huntington Beach. Where work is done under this franchise,said grantee or its assigns shall as soon as practical in the judgment of the said Superintendent of Streets,restore the Streets, alleys,or thoroughfares that have been disturbed,to the same good order and condition in which they were prior to the commencement of such work,and the surface thereof shall be securely supported so as not to impair the use of enjoyment by the public of such streets, alleys,or thoroughfares. Provided further,that upon the grading or regarding or other improvement of said street,alley,or thoroughfare, said underground conduits,mains,gas pipes,traps,and manholes shall be taken up if necessary and relaid at the expense of the aid grantee or its assigns, so as to conform to the conditions imposed in this Ordinance and franchise. And is cause said grantee or its assigns shall fail,neglect,or refuse to comply with the provisions of this section or with the instructions of the Street Superintendent for ten days after service of written notice thereof upon said grantee or its assigns or upon the Manager or agent of said grantee or its assigns in the City of Huntington Beach,or at the principal place of Business of said grantee or its assigns,then he,the said official,may ORD. 099 2 enter upon the streets,alleys,and thoroughfares and do the work as ordered by the Board of Trustees. Said official to keep an itemized account of the cost of said work,which the said grantee or its assigns,by the acceptance of the rights and privileges hereby granted, agrees to pay immediately upon presentation to said grantee or its assigns, or to such Manager or Agent stationed at Huntington Beach or at the principal place of business of said grantee or its assigns. Section 7. That said grantee or its assigns shall construct all necessary flumes and culverts for the free passage of water over and under the pipes,mains,conduits, manholes,and traps of said grantee or its assigns,and that al such flumes and culverts shall be constructed in accordance with plans and specifications approved by the Board of Trustees of said City. Section 8. The City of Huntington Beach expressly reserves the right to pave, repave macadamize,remacadamize, sewer,resewer,plank,replank, gutter, and regutter, repair, alter,or improve any of the streets, alleys or thoroughfares of the said City to to layages,waterpipe and other mains and pipes therein, such work to be done as as to injure said grantee or its assign's underground conduits, gas pipes,mains,manholes and traps as little as possible. Section 9. That the said grantee or its assigns shall pay to the City of Huntington Beach during the life of this franchise, all licenses that are now or may hereafter be required by said City for privileges herein mentioned,that the said grantee or its assigns shall during the life of this franchise pay to the City of Huntington Beach,in lawful money of the United States,two per cent of the gross annual receipts of such grantee or its assigns,arising from the use,operation,and possession of said franchise. No percentage shall be paid for the first five years succeeding the date of said franchise but thereafter such percentage shall be paid annually and said franchise is to be forfeited by a failure the payments provided for. It shall be the duty of the grantee of said franchise or its assigns to file with the City Clerk of the City of Huntington Beach,at the expiration of six(6)years from the date of granting of said franchise,and at the expiration of each and every year thereafter, a statement verified by the oath of said grantee or its assigns, or by the oath of the manager, Secretary, or presiding officer of the said grantee of its assigns, showing the total gross receipts and gross earnings collected and received by said grantee or its assigns during the preceding twelve(12)months from all sales of gas to all consumers thereof within said City; and within fifteen(15)days after the time for filing the aforesaid statement,and it shall be the duty of the said grantee or of its assigns,to pay to the City Treasurer of the City of Huntington Beach the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, operation, and possession of said franchise,determined and computed in the manner here in before provided. Any neglect, omission or refusal by the said grantee or its assigns to file said verified statement or to pay the said percentage of said gross annul receipts at the time or in the manner hereinbefore provided,.shall IPSO FACTO work a forfeiture of the franchise herein granted and of all rights there under,to the City of Huntington Beach. ORD. 099 3 Section 10. The work of constructing said gas plant or system shall be commenced in good faith within not more than four(4)months from the date of granting this franchise, and shall be continuously prosecuted thereafter in good faith and without unnecessary delay or unavoidable intermission; and the said work of construction shall be completed within not more than three(3)years thereafter, and that is said work is not so commenced,prosecuted, and completed,within the time or in the manner specified, said franchise shall be forfeited. Should the grantee or its assigns for sixty(60)days during any six(6)months of the life of this franchise fail,neglect,or refuse to supply constant or adequate gas service for light,heat, and fuel, said franchise shall be forfeited. Section 11. That said grantee, its successors,or assigns, shall not sell,transfer, or assign any of the rights or privileges granted by this franchise, except by a duly executed instrument,filed in the office of the City Clerk of the City of Huntington Beach; provided that this franchise shall not be sold,transferred,or assigned by the said grantee or its successors or assigns,without the permission of the Board of Trustees of said City. Section 12. This franchise shall not in any manner be considered as granting to the said grantee or its successors or assigns and exclusive franchise for the purposes herein specified. Section 13. ` That said grantee of said franchise or its assigns shall within five days after this franchise is awarded file with the Board of Trustees of the City of Huntington Beach a bond running to said City,with at least two(2)good and sufficient sureties to be approved by the Board of Trustees,in the penal sum of one thousand ($1000 00J dollars,conditioned that the said grantee or its assigns shall well and truly observe,fulfill,and perform each and every term and condition of said franchise, and that in case of any breach of the condition of said bond,the whole amount of the penal sum therein names, shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon said bond by action in any court of competent jurisdiction. In case said bond shall not be so filed,the award of said franchise shall be set aside. Section 14. The said grantee of said franchise or its successors or assigns shall place all of its mains,pipes,and other structures in the alleys, streets,highways, and public places of said City shall direct;and the said Streets of said City shall direct; and the said grantee shall file a duly authenticated map or plat in the office of the Clerk of said City of all its gas mains,pipe lines,or other structures that may be placed or proposed to be placed in the said City, showing the location of all such structures or pipe lines. Section 15. The Board of Trustees of the City of Huntington Beach,their officers and employes, shall have power and shall have the right to enter upon any premises occupied by the grantee, its successors or assigns, for the purpose of making examinations and tests and measuring and testing the quality of the gas manufactured by the said grantee,its successors or assigns,to determine whether the said gas is of ORD. 099 4 sufficient purity and of good quality,and of exercising any of the powers provided for in this franchise; And also for the purpose of examining the papers,books, accounts,and documents relating to the business carried on by the said grantee, its successors or assigns, in said City of Huntington Beach. That any neglect, failure,or refusal of the grantee or its assigns to comply with any of the conditions of the said franchise shall immediately IPSO FACTO effect a forfeiture thereof,and the said City by its Board of Trustees may thereupon declare said franchise forfeited,and may exclude said grantee or its assigns from the future use or occupation of the Streets,alleys, or thoroughfares of said City under this franchise,and the said grantee and its assigns 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, and that the title to the said conduits, gas pipes,mains,traps,and manholes laid in said streets, alleys,or thoroughfares, shall thereupon and thereafter be and remain in the said City of Huntington Beach. Section 16. The City Clerk of the City of Huntington Beach shall certify to the passage of this Ordinance,and shall cause the same to be published once in the Huntington Beach News, a weekly newspaper published and circulated in said City of Huntington Beach,and thirty(30)days thereafter it shall take effect be in full force. W.D. Seeley. President of the Board of Trustees of the City of Huntington Beach. Attest: C.E. Lavering City Clerk and Ex Officio Clerk of the Board of Trustees of the City of Huntington Beach. State of California ) County of Orange, ) S.S. City of Huntington Beach ) I, C.E. Lavering, City Clerk and Ex-Officio Clerk of the Board of Trustees of the City of Huntington Beach, California, do hereby certify that the foregoing Ordinance was read to the Board of Trustees of the City of Huntington Beach at their regular meeting held on the 4th day of September, 1912,and that the same was passed and adopted by the said Board at their adjourned regular meeting held on the 16t`day of September, 1912,by the following vote: Ayes: Helme,Rosenburger,French, Seely. Noes: None ORD. 099 5 Absent: Manning C.E. Lavering City Clerk and Ex Officio Clerk of the Board of Trustees of the City of Huntington Beach, California. Date of Publication September 20, 1912 I C.E. Lavering City Clerk,and Ex-Officio Clerk, of the Board of City Trustees of the City of Huntington Beach,hereby certify that the foregoing is a true and correct copy of an Ordinance of the City of Huntington Beach,numbered 99, and entitled An Ordinance granting a Franchise to the West Coast Gas,Light&Fuel Company, a corporation,granting the right to lay,place, construct,maintain and operate,Gas prices and Gas mains,and other appliances for carrying gas for Heat,Light and power, and to Lay Said Gas Pipes and Gas Mains Underground in,upon and over the streets,alleys, avenues,thoroughfares,and Public Highways of the City of Huntington Beach, California, and to Exercise its privilege of operating said Gas Business within said City, and that the same was published once in the Huntington Beach News,a weekly newspaper,printed and published in the City of Huntington Beach according to law,on the 20t'day of September 1912 C.E. Lavering City Clerk and Ex-officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 099 6 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.