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HomeMy WebLinkAboutNS-555OROINANCE NO. NS-555 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING TO CALIFOBNZA GAS TRANSMISSION COMPANY, A CALIFOBNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, '±'~ FRANCHISE TO CONSTRUCT, MAINTAIN, OPERATE, RENEW, REPAIR, CHANGE THE SIZE OF AND P~2~0VE OR ABANDON IN PLACE A PIPE LINE, NECESSARY OR CONVEnieNT FOR THE GRANi'~'S BUSINESS IN, UNE~R, OVER, ALONG, OR ACROSS CERTAIN PUBLIc STREETS, AT.T.~YS AND WAYS DEDICAT~.'D TO PUBLIC USE IN THE CITY OF SANTA ANA. THE CITY COUNCIL OF TH~ CITY OF SANTA ANA, IN T~E COUNTY OF ORANGE, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: DEFINITIONS: 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 defini- tions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "Grantee" shall mean and include California C~s Transmission Company named as the grantee in the ordin~nce granting the franchise and the successors and assigns of said California Gas Transmission Company; (b) The word "City" shall mean the City of Santa Aha, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, con- solidated or reincorporated form; (c) The word "streets" shall mean the streets, ways, alleys, avenues, highways, boulevards, concourses, driveways, bridges, parks, parkways, and public grounds or water within or belonging to the City and places as the ssme now or may here- after exist within said City. Section 2: NATURE OF GRANT: That the right, franchise and privilege be and the same hereby is granted to CALIFORNIA GAS TRANS- ~ISSION CO~PANY~ a corporation, its successors and assigns, for an indeterminate time as specified in Section l~01, Article XIII, of the City Charter, from and after the effective d~te of this franchise, from time to time to construct~ maintain, operate, renew, repair, change the size and remove or abandon in place the pipe line for the transportation of gas, together with all ma~holes~ valves, service connections and appurtenances necessary or convenient to properly main- tain and operate said pipeline~ including facilities necessary for cathodic protection of said pipeline~ in under, over, along or across certain public streets, alleys and other public ways dedicated to public use in the City of Santa Aha. That this franchise shall be subject to all of the provisions of Article XIII of the Charter of the City of Santa Ana and auy and all procedural ordinances of the City enacted purs~t thereto. In the case of conflict between any provision hereof and said Charter or Ordinances, the Charter or Ordinance provisions shall be controlling. Section 5: AC~£ANCE: This franchise is granted on the terms and conditions hereinafter contained and the grantee shall file with the City Clerk of the City of Santa Ana a written acceptance hereof within thirty (30) days after the ~option of this Ordinance. Section 4: TERM: The term of said franchise shall be in- determinate as specified in Section l~O1 of Article XIII of the City Charter from and after the date on which the ordinance granting the franchise becomes effective. This franchise and all rights hereunder, shall be null and void in the event the California Public Utilities Commfssion shall deny the pending Application of CALIFORNIA GAS TRANS- MISSION COMPANY under d~te of December 5, 1960, being Application No. 429~1 for a Certificate of Public Convenience ~nd Necessity. Section 5: EXCAVATION: 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 - 2- streets, alleys and ways for the constr~ction, maintenance, operation~ removal, repair~ change in the size of~ and removal of pipelin% constructed~ n~intained or operated under the franchise. Section 6: OPERATIONS: The work of constructing~ maintain- ing, operating~ reraoving~ repairing~ changing the size of ~nd remov- ing pipeline, sh~ll 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 back filled and the surface placed in as good condition as it ~as at the beginning of such work and to the satisfaction of the Street Superintendent. The grantee shall hold the City of Santa Aha, its City Council and other officers harmless from any claims for 8~mage or injury suffered by any person by reason of any excavation or obstruction in said streets, alleys or ways occasioned by the construc- tion~ ma&ntenance, operation~ repair~ or removal of any pipelin% of the grantee under said franchise ~ud shall be responsible for any such damage or injury. Section 7: RELOCATION: The City of Santa Ana reserves the right to change the grade or line of any stree% alley or way in which pipeline 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 o~un cost and expense~ change the location of all such facilities and their appurtenances where nec- essary to conform to such change of grade or line. Any damage caused to any public improvement by the grantee in exercising any right or privilege under the franchise or in performing any duty under or pur- suaut to the provisions of the ordinance granting the franchise shall be promptly repaired by the grantee at its sole cost and expense. Section 8: DAMAGES: The grantee shall repair at its own expense any damage caused to any street, alley, way or other public property of the City of Santa Ana by reason of any breaks~ leaks or failure of any of the pipeline, 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 therefor from the City, the City may m~ke 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. Section 9: PATMENT: The grantee sba11 pay to the City at the times hereinafter specified, in lawfttl money of the United States, at the rate of one-half cent (1/2) 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 thau a sum annua]_ly which shall be equivalent to two per cent (2~) of the gross annual receipts of grantee arising from the use, operation or possession of this franchise; provided~ 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. of the Council The grantee of this franchise shall file with the Clerk/of the City within three (5) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (5) 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 succes- sors 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 shsd_l 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 stmtement. 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, shal 1 be grounds for the declaration of a forfeiture of this franchise ~nd of all rights thereunder. Section 10: ASSIGI$S~NT: 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 expressed 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 p~rt of grantee's property~ which trans£er~ mortgage or hypothecation sh~ll be for the pturpose of securing an indebtedness of grantee or for the purpose of renewing, extending~ refunding~ retiring, paying or cancelling in whole or in part ~uy such indebtedness at any time or From time to t~e. Any such sale, lease~ assignmen% or other disposition of Franchise for which consent of the City is required hereunder shall be evidenced by a of the Counci~. duly executed instrument in writing Filed in the office of the ~ Clerk~ Section ll: ~DRFEITURE: In the event the grantee shall F~il 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 cancelled . and ter~n~nated and all of the rights and privileges of the grantee under the franchise sh~ 1 be deemed surrendered and terminated and the City may thereafter exclude the grantee from further use of the public streets, alleys~ and ways under the franchise. Section 12: LAWS: The work of constructing, maintaining, operating, renewing, repairing, changing the size of or removing any pipeline, under the franchise shall, at all times during the term of the franchise, in all respects comply with all of the rules, regulations, ordinances, and enactments of the City of Santa Ana and of such federal, state, and county authorities as may have jurisdiction over said facilities; provided, however, that in each instance the para- mount authority shall be binding on the grantee; and the City of Santa Ana hereby reserves all regulatory power by law allowed to it and with reference to the franchise and the exercise of rights, powers, and privileges under the same by the grantee. Section 13: NON-EXCLUSIVE= Said franchise is not and shall not be exclusive. Section 14: LOCATION OF PIPELINE= The location of the proposed pipeline shall follow the route as generally designated in the plat attached hereto dated July 5, 1961, No. CB-H1-33, Rev. 3, and shall be subject to the approval of the City Engineer of Santa Ana, California. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 18~h day of ~, 19 A~ ATTEST: dI~l~K oF TI-~ COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, California; that the foregoing Ordinance was regularly introduced at a regular meeting of the City Council of said City held on the h%h day -6- of December , 19 61 , and was again considered by said Council at its regular meeting held on the 18th day of December , 19 61 , and at said meeting was regularly passed and adopted by said Council by the following vote, to- wit: AYES, NOES, ABSENT, COUNCILMEN: COUNCILMEN: C OUNC I LMEN: Royal E. Hubbard, Henry H. Schlueter, Dale H. Heinly, Bob Brewer, A. A. Hall None None CLERK OF THE COUNCIL -7- ORAk'~,,£ COUNTY , __CAZ/FOR~/A CITY ,OF SANTA AlIA Z £GE AID -~, Proposed ~" Pipe/ine Open Lay 520' C/~y ~e~nfa)ned exce~ for Guz~e,