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HomeMy WebLinkAboutOrdinance #835 1 1 ORDINANCE NO. 835 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTOI/N/ BEACH GRANTING TO CALIFORNIA GAS TRANSMISSION COMPANY, AV CALIFORNIA CORPORATION, ITS SUCCESSORS. AND ASSIGNS, THE FRAN- CHISE TO CONSTRUCT, MAINTAIN, OPERATE, RENEW, REPAIR, CHANGE THE SIZE OF AND REMOVE OR ABANDON IN PLACE A PIPE LINE, NECESSARY OR CONVENIENT FOR THE GRANTEE'S BUSINESS IN, UNDER, OVER, ALONG, OR ACROSS CERTAIN PUBLIC STREETS, ALLEYS AND WAYS DEDICATED TO PUBLIC USE IN THE CITY OF HUNTINGTON BEACH. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section"A: NATURE OF GRANT: That the right, franchise and privilege be and the same hereby is granted to CALIFORNIA GAS TRANSMISSION COMPANY, a corporation, its successors and assigns , for an indeterminate time as specified in Section 3, Article XIV, of the City Charter, from and after the effective date of this franchise, from time to time to construct, maintain, operate, renew, repair, change the size and remove or abandon in place the pipe-..line for the -transportation of gas , together with all manholes , valves, service connections and appurtenances necessary or convenient to properly maintain and operate said pipe line, including facilities necessary for cathodic pro- tection of said pipe line, in, under, over, along or across certain public streets, alleys and other public ways dedicated to public use in the City of Huntington Beach. That this fran- chise shall be subject to all of the provisions of Article XIV of the Charter of the City of Huntington Beach and any and all Ord. No. 835 procedural ordinances of the City enacted pursuant thereto. In the case of conflict between any provision hereof and said Charter or Ordinances, the Charter or Ordinance provisions shall be controlling. Section 2. ACCEPTANCE: This franchise is granted on the terms and conditions hereinafter contained and the grantee shall file with the City Clerk of the City of Huntington Beach a written acceptance hereof within ten (10) days after the adoption of this Ordinance. Section 3: TERM: The term of said franchise shall be indeterminate as specified in Section 3 of Article XIV of the City Charter from and after the date on which the ordinance granting the franchise becomes effective. This franchise and all rights hereunder, shall be null and void in the event the California Public Utilities Commission shall deny the pending Application of CALIFORNIA GAS TRANSMISSION COMPANY under date of December 5, 1960, being Application No. 42931 for a Certi- ficate of Public Convenience and Necessity.. Section 4: GRANTEE: The word "grantee" when used herein and in the franchise shall mean and include CALIFORNIA GAS TRANSMISSION COMPANY named as the grantee in the Ordinance granting the franchise and the successors and assigns of said CALIFORNIA GAS TRANSMISSION COMPANY, as limited by Section 10 hereof. Section 5. EXCAVATIONS: The grantee shall have the right, subject to such regulations , laws and ordinances as are now or -2- Ord. No. 835 may hereafter be in force, to make all necessary excavations in the public streets , alleys and ways for the construction, maintenance, operation, removal, repair, change in the size of, and removal of pipe line, constructed, maintained or operated under the franchise. Section 6: OPERATIONS: The work of constructing, main- taining, operating, removing; repairing, changing the size of and removing pipe line, shall be conducted with the least possible obstruction and inconvenience to the public and -with the least possible hindrance to the use of the streets, alleys and ways for purposes of travel. All excavations shall be back filled and the surface placed in as good condition as it was at the beginning of such work and, to the satisfaction of the Street Superintendent. The grantee shall hold the City of Huntington Beach, its City Council and other officers harmless from any claims for damage or injury suffered by any person by reason of any excavation or obstruction in said streets , alleys or ways occasioned by the construction, maintenance, operation, repair, or removal of any pipe line, of the grantee under said franchise and shall be responsible for any such damage or injury. Section 7: RELOCATION: The City of Huntington Beach reserves the right to change the grade or line of any street, alley or way in which pipe line is constructed, maintained or operated under the franchise and upon receiving notice from the City Council of its intention so to do, the grantee -3- Ord. No.. 835 shall promptly and at its own cost and expense, change the location of all such facilities and their appurtenances where necessary to conform to such change of grade or line. Any damage caused to any public improvement by the grantee in exer- cising any right or privilege under the franchise or in perform- ing any duty under or pursuant to the provisions of the ordinance granting the franchise shall be promptly repaired by the grantee at its sole cost and expense. Section 8: DAMAGES: The grantee shall repair at its own expense any damage caused to any street, alley, way or other public property of the City of Huntington Beach by reason of any breaks, leaks or failure of any of the pipe line, constructed, maintained or operated under said franchise. In the event the grantee shall fail to make any such repairs within ten (10) days after receipt of a notice and demand therefor from the City, the City may make such repairs at the cost and expense of the grantee, which cost by the acceptance of the franchise, the grantee shall agree to pay upon demand. Section 9: PAYMENT: The grantee shall make annual pay- ments to the City at the time hereinafter specified, in lawful money of the United States, for the privilege herein granted, at the rate of one-half cent C2) per inch of internal diameter per lineal foot per year for each pipe line installed and main- tained in public streets , alleys or other public ways by virtue of the authority granted by the franchise; provided however that such payment shall in no event be less than a sum annually -4- Ord. No. 835 which shall be equivalent to two per cent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of this 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 within the limits of the City of the utility service for which this franchise is awarded. 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 `s:howing 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. The grantee shall pay to the City within fifteen (15) days after 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 by such state- ment. Any neglect, omission or refusal by the grantee to file such verified statement, or to pay said percentage, at the times or in the manner' here inbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. -5- Ord. No. 835 Section 10: ASSIGNIIENT: Grantee shall not permit any right or privilege granted by the franchise to be exercised by another, nor shall the franchise or any interest therein or any right or privilege thereunder be in whole or in part sold, transferred, leased, assigned, or disposed of without the con- sent of the City expressed by resolution; provided, however, that the provisions of the franchise shall not require any such consent and no consent shall be required for any transfer by grantee in trust or by way of mortgage or hypothecation covering all or any part of grantee' s property, which transfer, mortgage or hypothecation shall be for the purpose of securing an indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. Any such sale, lease, assignment, or other disposition of franchise for which consent of the City if required hereunder shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk. Section ll: MAPS: On or before the first day of May and November of each year during the life of the franchise, the gran- tee shall render to the City a statement showing in detail the total length of any pipe line removed or abandoned under the franchise during the preceding six-months ' period, together with a map or maps accurately showing the location in the public ,; streets , alleys or ways of any such pipe line so constructed, removed or abandoned. Said statements and maps shall be -6- Ord. No. 835 accompanied by the payment of an amount of money equal to the rate of One Hundred Dollars ($100.00) per mile for all pipe line constructed, if any there be, shown on said statements and maps . Section 12: FORFEITURE In the event the grantee shall fail to keep, fulfill or perform any of the terms or conditions of the franchise and shall fail to remedy such default within thirty (30) days after notice from the City, the City Council may, at its option exercised by resolution or ordinance, declare the franchise forfeited. Upon such declaration of forfeiture the franchise shall be deemed cancelled and ter- minated and all of the rights and privileges of the grantee under the franchise shall be deemed surrendered and terminated. and the City may thereafter exclude the grantee from further use of the public streets, alleys , and ways under the franchise. Section 13: LAWS: The work of constructing, maintaining, operating, renewing, repairing, changing the size of or re- moving any pipe line, under the franchise shall, at all times during the term of .the. franchis`e, in all respects comply with all of the rules , regulations , ,ordinances , and enactments of the City .of Huntington Beach and of such federal , state, and county authorities as may have jurisdiction over said facili- ties ; provided, however, that in each instance the peramount authority shall be binding on the grantee; and the City of Huntington Beach hereby reserves all regulatory power by law allowed to it and with reference to the franchise and the -7- Ord. No. '835 exercise of rights , powers , and privileges under the same by the grantee. Section 14: NON-EXCLUSIVE: Said franchise is not and shall not be exclusive. Section 15: PAYMENT OF COSTS: Grantee shall promptly pay to the City any and all costs of publication and other costs , reasonably necessary, incurred by the City in connection with the granting of this franchise. Section 16: -CERTIFICATION AND PUBLICATION: The City Clerk shall certify to the passage of this ordinance by the City Council, to its signature by the Mayor, to its attestation by the City Clerk, and shall cause this ordinance to be published in- the Huntington Beach News , a newspaper of general circula- tion, published and circulated in the City of Huntington Beach, and shall cause copies of the same to be posted in three public places in the City of Huntington Beach. Section 17: LOCATION OF PIPE LINE: The location of the proposed pipe line shall follow the route as generally desi- (.gnated in the plate attached heretojdate d. January 10, 1961 , and CB-10 A NO. CB-10, and shall be subject to the approval of City Engineer of Huntington Beach, California. Ord. No. 835 ADOPTED THIS 1st day of. May , 1961 ayor of the' City of Huntington Beach ATTEST: City Clerk oVthe City of Huntington B ach -9- Ord.. No. 835 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I PAUL C. JONES , City Clerk of the City of Huntington Beach, hereby certify that the foregoing ordinm ce was adopted by the Council of the City of Huntington Beach, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the lot day of May , 1961 That said ordinance was adopted by the following vote, to wit: AYES: Councilmen: Lambert, Stewart, Waite,Gisler NOES: Councilmen: Wells ABSENT: Councilmen: None City Clerk of-,,Plb City of Huntington Beach ' 4 ry 7° -10- ORAN coUNTY.,_CALJFORN/A —r7'7�"'AU�YTl77i U nil PA� DUE .. 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