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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 2 - • • 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 -3- 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 4- 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 E - 5 - 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 M 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 -7- 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 Y