Loading...
HomeMy WebLinkAboutCity Council - 1483 i RESOLUTION NO. 1483 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO GRANT A FRANCHISE TO CALIFORNIA GAS TRANS- MISSION COMPANY, TO INSTALL A PIPELINE FOR THE TRANSPORTATION OF GAS WITHIN THE CITY OF HUNTINGTON BEACH. WHEREAS, California Gas Transmission Company, a California Corporation, having heretofore by writing filed herein on the 22nd day of March, 1961, applied to the City Council of the City of Huntington Beach, California, for the right, franchise and privilege from time to time to construct, maintain, operate, renew, repair, change the size of and remove or abandon in place a pipe line for the transporation of gas, together with all man- holes, valves , service connections and appurtenances necessary or convenient to properly maintain and operate said pipe line, including facilities necessary for cathodic protection of said pipe line for an indeterminate time as specified in Section 3 of Article XIV of the City Charter, from and after the date upon which such franchise shall become effective, in, under, over, along or across certain public streets, alleys and other public ways dedicated to public use in the City of Huntington Beach, State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE AS FOLLOWS: Section 1. That it is the intention of said City Council to grant to said California Gas Transmission Company Reso. No. 1483 said franchise for the said term and purposes aforesaid, said franchise to be upon the following terms, provisions and condi- tions , to wit: (1) The term of said franchise shall be an indeter- minate time 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. Provided, however, this franchise and all rights thereunder shall be null and void in the event the California Public Utilities Commission shall deny the pending ap- plication of California Gas Transmission Company under date of December 5, 1960, being Application Number 42931 for a Certificate of Public Con- venience and Necessity. (2) That the franchise shall be subject to all of the provisions of Article XIV of the Charter of the City of Huntington Beach and any and all pro- cedural ordinances of the City enacted pursuant thereto. In case of conflict between any provision hereof and said Charter or Ordinances, the Charter or Ordinance provisions shall be con- trolling. (3) The work "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. (4) The grantee shall file with the City Clerk of the City of Huntington Beach within ten (10) days after the adoption of the ordinance granting the franchise a written acceptance thereof. (5) The grantee shall have the right, subject to such regulations, laws and ordinances as are now or may hereafter be in force, to make all necessary excavations in the public streets, alleys and ways for the construction, maintenance, operation, renewal, repair, change in the size and removal of the pipe line constructed, maintained or operated under the franchise. (6) The work of constructing, maintaining, operating, renewing, repairing, changing the size and removing -2- Reso. No. 1483 the 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 backfilled and the surface placed in as good condition as it was at the beginning of such work and to the satisfaction of the Street Super- intendent. 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, main- tenance, operation, repair, or removal of any pipe line of the grantee under said franchise and shall be responsible for any such damage or injury. (7) The City of Huntington Beach reserves the right to change the grade or line of any street, alley or way in which the 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 shall promptly and at its own cost and expense, change the loca- tion 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 exercising any right or 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. (8) 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 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 theeefor 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. (9) The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, at the rate of one-half cent -3- Res. No. 1483 (2) per inch of internal diameter per lineal foot per year for each pipe line maintained 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 annua-llX which shall be equiva- lent to two per cent l27.) of the gross annual receipts of grantee arising from the use, operation or possession of this franchise; pro- vided, 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 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 granted. The grantee shall pay to the City within fifteen (15) days after the time for filing such state- ment, 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 the grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a for- feiture of this franchise and of all rights there- under. (10) 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 consent of the City ex- pressed 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 -4- Resol. No. 1483 such indebtedness at any time or from time to time. Any such sale, lease, assignment, or other disposition of franchise for which con- sent of the City is required hereunder shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk. (11) On or before the first day of May and November of each year during the life of the franchise, the grantee shall render to the City a statement showing in detail the total length of any pipe line constructed, 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 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. (12) 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 can- celled and terminated and all of the right and privileges surrendered and terminated and the City may�'_thereafter exclude the grantee from further use of the public streets, alleys and ways under the franchise. (13) The work of constructing, maintaining, operating, renewing, repairing, changing the size or removing any pipe line, under the franchise shall, at all time during the term of the franchise, 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 auth- orities as may have jurisdiction over said fac- ilities ; provided, however, that in each instance the paramount authority shall be binding on the grantee; and the City of Huntington Beach hereby reserves all regulatory power by law allowed to it over and with reference to the franchise and the exercise of rights, powers, and privileges under the same by the grantee. -5- Reso. No. 1483 (14) The location of the proposed pipe line shall follow the route as generally designated in the plat attached hereto dated January 10, 1961, numbers CB-10, and CB-10-A, and shall be subject to the approval of the City Engineer of Hunt- ington Beach, California. (15) Said franchise is not and shall not be exclusive. Section 2. BE IT FURTHER RESOLVED that the City Clerk of the City of Huntington Beach be and is hereby authorized and directed to advertise the fact that said application for said franchise has been made to said City Council together with a statement that it is proposed to grant said franchise upon terms, provisions and conditions, set forth in this resolution, by publishing this resolution in the Huntington Beach News, a newspaper of general circulation published and circulated in the City of Huntington Beach; that said resolution be published once within fifteen (15) days of the passage of said resolution and at least ten (10) days prior to the date of hearing of any persons having any interest in the franchise or any objection to the granting thereof. Section 3. IT IS FURTHER ORDERED, STATED AND DECLARED that the hour of 8 P.M. on the 17th day of April, 1961, be and the same is hereby fixed as the hour and the day for the meeting of the City Council in the Council Chamber of the City Hall of the said City, at which any persons having any interest in the franchise or any objection to the granting thereof may appear before the City Council and be heard thereon. -6- Reso. No. 1483 ADOPTED this 27th day of March, 1961. f,. Mayor o t e City o Huntington Beach ATTEST: City Clerk of t ity o Huntington each -7- Reso. No. 1483 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, , City Clerk of the City of Huntington Beach, hereby certify that the foregoing resolution was adopted by the Council of the City of Huntington Beach, signed by the Mayor and attested by the City Clerk at a regular adjourned meeting thereof held on .the 27th day of March, 1961. That said resolution was adopted by the following vote, to wit: AYES: Councilmen: Lambert, Stewart, Waite, GUIer NOBS: Councilmen: Wells ABSENT: Councilmen: None City Cler o he City of Huntington Beach -8-