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HomeMy WebLinkAboutOrdinance #687 ORDINANCE No. 687 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH .GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY,- ITS SUCCESSORS AND ASSIGNS, A.- FRAN- CHISE, FOR AN INDETERMINATE TERM TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW, REPAIR REPLACE, MOVE, CHANGE THE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING AND CARRYING GAS, OIL, PETROLEUM, WATER AND OTHER SUBSTANCES, ON, ALONG IN, UNDER AND ACROSS PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITH- IN THE CITY OF HUNTINGTON BEACH, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAIN- TAIN AND USE A PRIVATE COMMUNICATION SYSTEM TO BE 'USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID. The City Council of the City of Huntington Beach does ordain as follows: Section 1: Whenever in this Ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context herein used shall clearly import a different meaning): (a) The word "grantee" shall mean the corporation to which the franchise contemplated in this Or- dinance is granted and its lawful successors or assigns; (b) The word "city" shall mean the City of Hunt- ington Beach, a municipal corporation of the State of California, in its present incorporated form or 1. Ord. No. 687 in any later reorganized, consolidated, en- larged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alley and places as the same now or may hereafter exist in said city. Section 2: That a franchise be and the same is here- by granted to Southern California Edison Company, a corpo- ration organized and existing under the laws of the State of California, its successors and assigns, to construct, lay, operate, maintain, use, renew, repair, replace, move, change the size and number of and remove or abandon in place a system of pipelines, together with such valves, fittings, manholes, vaults, pumps and other appliances, ap- purtenances, attachments or equipment as the grantee, its successors and assigns may deem necessary or convenient for the purpose of conducting, transporting, conveying and carrying gas, oil, petroleum, water and other substances on, along, in, under and across the public streets, ways, alleys and places within the City of Huntington Beach;said system of pipelines and appurtenances as aforesaid to ex- tend generally along the following routes: (1) southerly along Bolsa Chica Road from and including the intersection of said road and Semltzer Avenue to the south boundary line of the City of Huntington Beach; (2) easterly along Wintersburg Avenue from the westerly boundary of the City 2_ Ord. No. 687 of Huntington Beach to and including the intersection- of said avenue and Edwards Street, thence southerly along Edwards Street to and including the intersection of said street and Garfield Avenue, thence easterly along Garfield Avenue to and including the intersection of said avenue and Newland Street; .(3) southerly along Newland Street from the intersection of said street and Garfield avenue to Pacific Coast Highway; together with the right to con- struct, operate, maintain and use a private communication system consisting of p:01es, crossarms, conductors, wires, communication circuits and all other necessary or conven- ient appliances or attachments to be used in connection with the operation and maintenance of said system of pipe- lines and appurtenances as aforesaid, on, along, in, under, over and across the public streets, ways, alleys and places within the City of Huntington Beach, Section 3. Said franchise shall be indeterminate, that is..to say, ...said franchise shall endure in full force and effect until the same , with the consent *of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by the grantee, or until the State of California or some municipal or public corporation thereunto duly authorized by law, shall pur- chase by voluntary agreement or shall condemn and take, under the power of eminent domain all property actually Ord. No.._ 687 used or useful in the exercise of said franchise and sit- uate within the territorial limits of the state, municipal or public corporation purchasing or condemning such prop- erty, or until said franchise shall be forfeited for non- compliance with its terms by the grantee. Section )+. The grantee shall, during the life of this franchise, pay to the City of Huntington Beach, in lawful money of the United States and. in the manner provided by law, two percent (2%) of the gross annual receipts of the grantee arising from the use, operation or possession of this franchise within the City of Huntington Beach., Section 5. The grantee hereof shall file with the clerk of said city within three (3) months after the ex- piration of the calendar year or fractional calendar year following the date of the granting 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 said grantee, during the preceding calendar year arising from the use, operation or possession of this franchise during said pre- ceding calendar year. Such grantee shall pay to said city within fifteen (15) days after the time for filing said statement in lawful money of the United States, the afore- said percentage of its gross receipts for the calendar year Ord. No. 687 or such fractional calendar year covered by said statement. Any neglect, omission or refusal of said grantee to file said verified statement, or to pay said percentage at the time or in the manner hereinbe.fore provided, shall be grounds for the forfeiture of this franchise and of all rights of grantee hereunder. Section 6. This. ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. Section 7. The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. Section 8. The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of this ordinance by the City Council. No grant of the franchise granted by this ordinance may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assignee thereof shall covenant and agree to perform and Ord. No. 687 be bound by each and all of the terms and conditions im- posed in the grant or by procedural ordinance and by the charter of the City of Huntington Beach. Section 9. The franchise granted by this ordinance shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grantee either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be con- strued to contract away or to modify or to abridge, either for a term or in perpetuity, the City' s right of eminent domain with respect to grantee, The franchise granted by this ordinance shall never be given any value before any Court or other public authority in any proceedings of any character in excess of the cost to the grantee of the necess- ary publication and---any other sum paid by it to the City of Huntington Beach therefor at the time of the acquisition thereof. Section 10. By" the acceptance of this franchise the grantee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed in this ordinance and further agrees to: (a) Comply with all lawful ordinances, rules and reg- ulations heretofore or hereafter adopted by the City Council in the exercise of its police power governing the 6. Ord. No. 687 construction, maintenance and operation of the plant, works or equipment of grantee. (b) Pay to' the City on demand the cost of all repairs to public property made necessary by any of` the operations of the grantee under this franchise.. (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise ; (d) Remove and 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 grade, alignment or width of any public street, way, alley or place , including the construction of any subway or via- duct, or if the public health, comfort, welfare , convenience, or safety so demands. Section 11. The City Clerk shall certify to the paBs- age and adoption of this Ordinance and shall cause the same to. be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California; and thirty (30) days after the adoption thereof, the same . shall take ef- fect and be in force. PASSED AND ADOPTED by the City Council of the City of 7' Ord. No. 687 Huntington Beach, California, this 7th day of April , 1958. TICTC? T '. HY Mayor ATTEST: City Clerk 8 Ord. No. 687 STATE OF- CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I) JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of said City, do hereby certify .that the whole .number of ,members of the City Council of the City of Huntington Beach is five; that the foregoing Ordinance was read to said City Council at a regular meet- ing thereof held on the 17th day of Z gm6i 1958, and was again read to said City Council at a regular meeting thereof held on the 7th day of April 7 19587 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: LOCKETT, BRYANT, IRBY, BARTLETT, TERRY NOES: Councilmen: NONE .ABSENT: ,Councilmen: NONE OI�i? L HENRICK`ti N, City erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 9.