Ordinance - 393ORDINANCE NG. 393
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA.,
CALIFORNIA., GRANTING TO SOUTHERN COUNTIES GAS -COMPANY OF CALIFORNIA,
A. CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAYAND USE
PIPES AND APPURTENANCES . FOR TRANSMITTING AND 'DISTRIBUTING GAS FOR
.ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS,
WAYS, ALLEYS AND PLA-C ES , AS THE SAME NOW OR MAY HER FTER
WITHIN SAID MUNICIPALITY.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
,SECTION ONE
Interpretation of Franchise
® 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 'fGranteetf shall mean the corporation to which
the franchise contemplated in this ordinance is granted
and its lawful successors or assigns;
(b) The word #City" shall mean the City of -West Covina, a
municipal corporation of the State of California, in
its present incorporated form or in any. -later reorganized
consolidatbd or.reincorporated form;
(c) The word "'Engineertt shall mean the Engineer of the City;
(d) The word ifGasit shall mean natural or manufactured gas,
or a mixture of natural and manufactured gas;
(e) The phrase 'tPipes and Appurtenancesft shall mean pipe,
_- pipeline, main, service, trap, vent, vault, manhole,
meter, gauge, 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 the traz6-
mitting and/or distribution of gas;
(f) The phrase 'flay and use'f shall mean to day, construct,
erect, install, operate, maintain, use, repair, replace
or.remove;
(g) The term "Effective Datett shall mean the 31st day after
the date of passage of this ordinance, provided that the
bond and acceptance of franchise have been filed as
hereinafter provided;
(h) The term "Franchise Property" shall mean the rights granted
by this franchise and all property constructed,installed,
operated, or maintained in or upon the public streets
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pursuant to any right o
franchise.
privilege granted by this
(i) As�used in this ordinance, the singular number includes
the plural and.the plural number includes the singular.
W The word "Street" shall
highway, lane, alley, c
or similar public place
now exists or which may
including any public hi
or hereafter constitute
mean any public street, road,
urt, sidewalk, parkway, easement,
(or above or below same) which
hereafter exist within the City,
hway within the City` heretofore
a State highway.
f SECTION TWO
Grant 'of Franchise
That.the right, privilege;and f r
the terms and conditions contain
to the _Provisions of the "Franck
is hereby granted to'Southern Co
corporation organized and existi
of the State of . California, here
lay and use pipes and appurtenan
gas for any and all purpose's, un
streets of the City, for an inde
after the effective date hereof,
endure in full force and effect
of the Public Utilities Commissi
voluntarily surrendered or aband
State of California or some muni
duly authorized by law shall pur
condemn and take under the power
tually used and useful in the ex
within the territorial limits of
poration purchasing or condemnin
chase shall be. forfeited for non
possessor ,thereof .
anchise, subject to.each and all of
ed in this ordinance, and pursuant
ise Act of 1937", be and the same
unties;Gas Company of California, a
ng under and by virtue of the laws
in referred to As the "Grantee", to
ces for transmitting and distributing
der, along, across or upon the
terminate term or period from and
that is to say, this franchise shall
until the same shall, with the consent
on of the State of California, be
oned by its possessor, or until the
cipal or public corporation thereunto
chase by voluntary agreement or shall
of .eminent domain, all property ac-
ercise of this franchise, and situate
the State, municipal or public cor-
S such property, or until this Fran-
-compliance with its terms by the
ON THREE.
is to City
The Grantee shall pay to,the City at the times hereafter specified, in
lawful money of the United,States, a sum annually which shall be e-
quivalent to two per cent (2%) of the gross annual receipts of Grantee
arising from the use, operation or possession of said franchise; pro-
vided, however, that such payment shall in no event be less than a
sum which shall be equivalent to one per cent (1%) of the total gross
annual receipts derived by Grantee 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
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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 calen-
dar year from the sale of the utility service within the City for
which this franchise is 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 groes receipts for the calendar year, or such frac-
tional calendar year, covered by such statement. Any neglect, omis-
sion or refusal by said Grantee to file such verified statement, or
to pay said percentae, at the times or in the manner hereinabove
provided, shall be grounds for the declaration of a forfeiture of this
franchise and of all rights hereunder.
SECTION FOUR
Termination of Existing Franchises
This grant is made in lieu of all other franchises, rights, or privi-
leges 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 the City, as such limits now or may hereafter exist,'in
lieu. of which this franchise is granted.
This grant, however, shall not deprive the City of any or all payments
that it is entitled to receive up to the effective date of the granting
of the franchise by reason of any other franchise, ;rights, or privil-
eges that may have been owned by the Grantee.
SECTION FIVE
Acceptance
The franchise granted hereunder shall not become effective until writ-
ten acceptance thereof shall have been filed by the Grantee thereof
with the Clerk of the City. When so filed, such acceptance shall con-
stitute a continuing agreement of the Grantee that if and when the
® City shall thereafter annex or consolidate with, additional territory,
any and all franchise rights and privileges owned by the Grantee there-
in shall likewise be deemed to be abandoned within the limits of such
territory.
Within ten (10) days after the passage and publication of this ordi-
nance, 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 SIX
Eminent Domain
The franchise granted hereunder shall not in any way or to any extent
impair or affect the right of the City to acquire the property of the
Grantee hereof either by purchase or through the exercise of'the right
of eminent domain, and
to contract away or to
perpetuity, the City's
Grantee or any public
any value before any c
ing of any character i
necessary publication
for at the time of the
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nothing-herein,contained shall be construed
modify or abridge, either for a term or in
right of eminent domain in respect to the,
utility. Nor shall this franchise ever be given
ourt or other public authority in any proceed-
n excess of the cost to the Grantee of the
and any other sum paid by it to the City there-,
acquisition thereof.
SECTION SEVEN
Bond
The Grantee of this franchise shall file a bond, running to the City,
• with at least two good and sufficient sureties, to be approved by the
legislative body thereof, -in _a penal sum of $1,000.00, conditioned
that the Grantee shall well and truly observe, fulfill and perform
each and every ,term and condition of this franchise, and that in case
of any breach of condition of said bond, the whole amount of the
.penal sum therein named shall be taken and deemed to be liquidated
damages and shall be recoverable from the principal and sureties upon
said bond. Said bond shall be filed with the legislative body of the
City within five (5) days after the date of the granting of this
franchise; and in case said bond shall not be so filed, or shall not
receive the approval of the legislative body, this franchise shall be
forfeited and any money paid to the City in connection therewith shall
likewise be forfeited.
SECTION.EIGHT
Grantee's Obligations - General
The Grantee of this franchise shall
(a) construct,.install and maintain all pipes and appurtenances
in accordance with and in conformity with all of the ordi-
nances, 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 authori-
ty of the State of California, and, as to State Highways,
subject to the provisions of general laws relating to the
location and maintenance of such facilities; pipe lines shall
be designed in accordance with the American Standard Code
for Pressure Piping, Section 2 - Gas and Air Piping.
(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 .fran
any and all liability for damages proximately resulting
from any operations under this franchise.
(d) remove or relocate, without expense to the City, any facili-
ties installed, used or maintained under this franchise if
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and when made necessary by any lawful change of grade,
location, use,'alignment or width of any public street.
or place by the City; but the foregoing provision re-
quiring the'Grantee to pay the cost of removal or re-
location of its franchise properties shall not apply
when the .removal or relocation of the franchise proper-
ties is required in order to accommodate freeways, and
Grantee shall be entitled to avail itself -of the rights
Afforded to it by Sections 700-711 of the Streets and
highways Code of the State of California, except as
changed or modified by the provisions of.any agreement
between the Grantee and the,.State of California or any
agency thereof. However, the cost of removal or relo-
cation of the franchise - propert'ies when required in
order to accommodate freeways shall be done and accom-
plished without expense to the City.
(e) 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 authorized officers.
SECTION NINE
Street Excavations
The Grantee shallhave the right;` subject to the provisions of this
franchise and existing or future City regulations, to make all neces-
sary excavations in the streets for the laying and using of franchise
properties. This franchise shall not relieve the Grantee from the
provisions of any ordinance or law that may be in force at the time,
requiring permits to be obtained for street excavations before such
work can be done. All excavations shall be made and refilled in
strict compliance with the City Ordinances that may be in force at
the time of the performance of the work. The Grantee shall make such
deposit.of money or shall file such bonds with the Engineer as may
from time to time be required from persons making street excavations.
All excavations shall be so made as not to interfere unreasonably with
the free use of the streets by the public except such temporary inter-
ference as may be authorized by the Engineer. Any damage or injury
suffered by any person by reason of any excavations being improperly
guarded during such work shall be borne by the Grantee. Upon comple-
tion of the work, all portions of the street which have been excavated
or otherwise injured thereby shall be placed in as good condition as
before start of work, to.the satisfaction.of the Engineer, and in the
manner prescribed by ordinance.
SECTION TEN
Supervision by City
The Engineer shall have power to give the Grantee such directions for
the location of any pipes and appurtenances as may be reasonably nec-
essary to avoid sewers, water pipes, conduits or other structures
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lawfully'in or under the streets; and before .the work of constructing
any pipes and appurtenances is commenced, the Grantee .shall file with
said.'Engineer plans showing the location thereof, which shall be sub-
ject to the approval of said Engineer (such approval not to be unrea-
sonably withheld); and all such construction shall be subject to the
inspection of said 'Engineer and done to his reasonable 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 underground 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. '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 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 cannot be so done, such work shall be done
under a permit to be granted by the Engineer upon application therefor.
SECTION ELEVEN _
Repairs
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,
immediately 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 reasonable satisfaction.
SECTION TWELVE
Forfeiture
(a) If the Grantee of this franchise shal•1 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, be-
gin the work of compliance, or after such beginning shall not pro-
secute 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 fran-
chise, in the event of non-compliance by the Grantee, its succes-
sors or. assigns, with any of the conditions thereof.
SECTION THIRTEEN
Payment of Publication Expenses
The Grantee of this franchise shall pay to the City a sum of money su-
fficient to reimburse it for all publication expenses incurred by it
in connection with the granting of this franchise; such payment to be
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made within thirty (30) days after the City shall furnish such
Grantee with a written -statement of such expenses.
SECTION FOURTEEN
The City Clerk shall certify to the adoption of this Ordinance, and
prior to the expiration of fifteen (15) days from the passage thereof,
shall cause the same to be published once in the 'West Covina Tribune,
a newspaper of general circulation published and circulated in the
City of West Covina, and thirty (30) days from and after the final
passage thereof said Ordinance shall take effect and be in force.
Mayors` e City of Ifest Covina
ATTEST:
City Cl erk
I HEREBY CERTIFY that the foregoing Ordinance was adopted at a
regular meeting of the City Council of the City of -West Covina, held
on the 23rd day of May, 1955, by the affirmative vote of at least
three Councilmen, to wit:
AYES: Co�uncilmen JAMES W. KAY BERT C. VAN HORN J. CAL SPERLINE % D. BROWN
NOES: i Yr0 M' C. JOE 11"ST, MAYOR
,A.BSTTT: �( o W 9-
City Clerk of the Ci o =Wes Covina
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