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ORDINANCE NO. 1081
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<br /> Au Ordinance of the City of Santa Ana granting~ to Southern Counties
<br />Gas Company of California, a corporation, the right, privilege and franchise to
<br />lay and use p~pes and appurtenances for trausm~tting and distributing gas for
<br />any and all purposes under, along, across or upon the public streets, ways, alleys
<br />and places, as the same uow or may hereafter exist within said municipality.
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<br />The Council of the City of Santa Ana does ordain as follows:
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<br />M pTION ONE
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<br /> Vfnenever in this ordinance the wordser phrases hereinafter in this
<br />section defined are used, they shall have the respective meanings assigned to
<br />Shem in the following definitions (unless, in the given instance, the context
<br />wherein they are used shall clearly import a different meaning):
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<br /> (a) The word "Grantee" shall mean the corporation to which the franchts
<br />contemplated in this ordinance is granted and its lawful successors or assigns;
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<br /> (b) The word "City" shall mean the City of Santa Aha, a municipal
<br />corporation of the State of California, in its present incorporated form or in ~u
<br />later reorganized, consolidated or reincorporated form;
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<br /> (c) The word ~streets" shall mean the public streets, ways, alleys
<br />and places as the same now or may hereafter exist within said City;
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<br />(d) The word "Engineer" shall mean the City Engineer of the City;
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<br /> (e) The word "Gas" shall mean natural or manufactured gas, or a mixtur
<br />of natural and manufactured gas;
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<br /> (f) T~e phrase "Pipes and Appurtenances" shall mean pipe, pieline, mair
<br />service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit,
<br />appliance, attachment, appurtenance and any other property located or to be
<br />located in, upon, along, across, under or over the streets of the City, and used
<br />or useful in the transmitting and/or distribution of gas.
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<br /> (g) The phrase "lay and use" shall mean to lay, construct, erect,
<br />install, operate, maintain, use, repair, replace, or remove.
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<br />SECTION TWO
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<br /> That the right, privilege and franchise, subject to each and all of the
<br />terms and conditions contained in this ordinance, and pursuant to the Provisions
<br />of the "Franchise Act of 1957", be and the same is hereby granted to Southern
<br />Counties Gas Company of California, a corporation organized and existing und'er
<br />and by virtue of the laws of the State of California, herein, referred to aa the
<br />t, Gr "
<br /> antee , to lay and use pipes and appurtenances for transmitting and distributin
<br />gas for any and all purposes, ~mder, along, across or upon the streets, of the
<br />City, for an indeterminate term or period from and after the effective date hereof
<br />that is to say, this franchise shall endure in full force and effect until the
<br />same shall, with the consent of the Railroad Commission of the State of Californie
<br />be voluntarily surrendered or abandoned by its possessor, or until the State of
<br />California or some municipal or public corporation there unto duly authorized by
<br />law shall purchase by voluntary agreement or shall condemn and take under the
<br />power of eminent domain, all property actually used and useful in the exercise of
<br />this franchise, and situate within the territorial limits of the State, municipal
<br />or public corporation purchasing or condemning such property, or until this
<br />franchise shall be forfeited for non-compliance with its terms by the possessor
<br />thereof.
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<br />SECTION T}tREE
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<br /> The Grantee shall pay to the City at the times hereinafter specified,
<br />in lawful money, of the United States, a sum annually which shall be equivalent to
<br />two per cent (2~) of the gross annual receipts of grantee arising from the use,
<br />operation or possession of said franchise; provided, however, that such payment
<br />· shall in no event be less than one per cent (1%) of the gross annual receipts of
<br /> the grantee derived from the sale of gas within the limits of the City unde~ this
<br /> franchise.
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<br /> The grant6e of this franchise shall file with the Clerk of the City
<br />within three.(~) months after'the expiration of the calendar year, or fractional
<br />calendar year, following the date of the grant of this franchise, and within
<br />three (5) months after the expiration of each and every calendar year thereafter,
<br />a duly verified statement showing in detail the total gross receipts of the
<br />grantee, its successors or assigns, during the preceding calendar year, or such
<br />fractional calendar year, from the sale of the utility service within the City
<br />for which this franchise is granted. It shall be the duty of the grantee to pay
<br />to the City within fifteen (15) days after the time for filing such statement, in
<br />lawful money of the United States, the specified percentage of its gross receipts
<br />for the calendar year, or such fractional calendar year, covered by such statement
<br />Any neglect, omission or refusal by said grantee to file such verified statement,
<br />or to pay said percentage, at the times or in the manner hereinbefore provided,
<br />shall be grounds for the declaration of a forfeiture of this franchise and of all
<br />rights thereunder.
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<br />SECTION FOUR
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<br />This grant is made in lieu of all other franchises, rights, or privilege~
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