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HomeMy WebLinkAboutOrdinance #1595 ORDINANCE NO . 1595 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO PACIFIC LIGHTING SERVICE COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANS- MITTING AND DISTRIBUTING GAS FOR ANY AND ALL PUR- POSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. 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 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 mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns . V (b ) The word "City" shall mean the City of Huntington Beach, 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 "Streets" shall mean the public streets , w-ays , alleys and places as the same now or may hereafter exist within said city . (d) The word "Engineer" shall mean the City Engineer of the City of Huntington Beach. (e) The word "Gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas . (f) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, 1 . 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 transmitting and distributing gas . (g) The phrase "Lay and Use" shall mean to lay, construct, erect , install, operate, maintain, use, repair, replace or remove . SECTION 2 . That the right , privilege and franchise, subject to each and all of the terms and conditions contained in this ordi- nance, and pursuant to the provisions of Article XIV of the City Charter of Huntington Beach, be and the same is hereby granted to PACIFIC LIGHTING SERVICE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, herein referred to as the "Grantee, 1P to lay and use pipes and ap- purtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the city, for a forty (40) year term from and after the effective date here- of. SECTION 3 . The Grantee shall pay to the city during the life of this franchise, at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equiva- lent to two percent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the grantee derived from the sale of gas within the limits of the city under this franchise . 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 showing 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 2 . granted. It shall be the duty of the grantee to 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 statement . Any neglect, omission or refusal by said grantee to file such verified state- ment , or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION 4 . This grant is made in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the city , as said limits now or may hereafter exist , and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this city, as such limits now or may hereafter exist , in lieu of which this franchise is granted. SECTION 5. The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City . When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when the city shall thereafter annex or con- solidate with, additional territory , any and all franchise rights and privileges owned by the grantee therein shall likewise be deemed to be abandoned within the limits of such territory . SECTION 6 . The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the city to ac- quire the property of the grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city 's right of eminent domain in respect to the grantee or any public utility . Nor shall the franchise ever be given any value before any court or other public authority in any proceeding of any character in 3 • 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. SECTION 7 . The grantee of this franchise shall: (a) Construct, install and maintain all pipes and appur- tenances in accordance with and in conformity with all of the ordinances , rules and regulations heretofore or hereafter adopted by the legislative body of this city in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to state highways , subject to the provisions of general laws relating to the location and mainte- nance of such facilities . (b ) Pay to the city, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise . (c ) Indemnify and hold harmless the city and its officers and employees from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the city for all damages proximately resulting from the fail- ure of said grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Article XIV of the City Charter of Huntington Beach. 1 . The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or com- missions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assureds hereunder . 2 . The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits , claims, demands, judgments and causes of action caused by insured, his em- ployees , agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this certificate . (d) Remove or locate, 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, align- ment or width of any public street , way, alley or place, in- cluding the construction of any subway or elevated transit faci- lities, or by the construction or improvement of any public prop- erty or facility by the city . (e) This franchise may not be transferred or assigned by 4 . the grantee except by consent in writing of the City Council and unless the transferee or assignees thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in this grant or by procedural ordinance and by this Charter . The grantee shall 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 of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly auth- orized officers . SECTION 8 . The engineer shall have the power to give the grantee such directions for the location of any pipes and appur- tenances 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 ap- purtenances is commenced, the grantee shall file with said engineer plans showing the location thereof, which shall be sub- ject to the inspection of said engineer and done to his reason- able 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 under- ground 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, provided such vents do not ex- tend above the surface or grade of said parkway . Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done a by a tunnel or bore , so as not to disturb the foundation of such paved or macadamized street ; and in the event that the same can- not be so done, such work shall be done under a permit to be granted by the engineer upon application therefor, and at the sole cost of grantee, and grantee shall restore such street, or portion of street , to as good a condition as existed before such work was done and such restoration shall be completed to the reasonable satisfaction of the engineer . 5 . SECTION 9 . If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under 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 grantee shall, at its own cost and expense, im- mediately 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 be done under the direction of the engineer, and to his reason- able satisfaction. SECTION 10 . (a) If the grantee of this 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 compliance, begin the work of compliance , or after such beginning shall not prosecute the same with due diligence to completion, then the city, by its legislative body may declare this franchise forfeited. (b ) The city may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the grantee, its successors or assigns, with any of the conditions thereof . SECTION 11. The grantee of this franchise shall pay to the city a sum of money sufficient to reimburse it for all publica- tion expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the city shall furnish such grantee with a written state- ment of such expenses . SECTION 12 . Not later than thirty (30) days after the publication of this ordinance, the grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof. SECTION 13 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a 6 . weekly newspaper of general circulation, printed and published in Huntington Beach, California . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of August 1970 . Mayor Pro Te 1 ATTEST: it rk APPROVED AS TO FORM: City Attorn 7 • Ord. No. 1595 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the rid day of August, 19 70 and was again read to said City Council at a regular meeting thereof held on the 17th day of August , 19_Zo , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett. McCracken. Matney, Coen NOES: Councilmen: Green ABSENT: Councilmen: Gibbs , Shipley City Clerk and officio Clerk 1, PAUL C. JONES, CITY CLERK of the City of Of the City Council of the City Huntington Beach and ex-officio Clerk of the City of Huntington Beach, California Council, do hereby certify that this ordinance has b published in t e Huntington Beach News on y ----- . - 197�. In acc ance with the City Charter of said City 1 C. JONE5 ..._. ..............CAUL_..._..---- •.� City Clerk Deputy "clerk