HomeMy WebLinkAbout48CITY OF IRWINDALE
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 48
GRANTING TO SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA,
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A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND
USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUT-
ING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON
THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW
OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS:
SECTION 1. 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 differ-
ent meaning):
(a) The word "Grantee" shall mean the corpora-
tion to which the franchise contemplated in this ord-
inance is granted and its lawful successors or assigns;
(b) The word "City" shall mean the City of Ir-
windale, a municipal corporation of the State of Calif-.
ornia, in its present incorporated form or in any
later reorganized, consolidated or reincorporated form;
(c) The word "streets" shall mean the public
streets, ways, alleys and places as the same now or
may hereafter exist within said City;
(d) The word "Engineer" shall mean the City
Engineer of the City;
(e) The word "Gas" shall mean the natural or
manufactured gas, or a mixture of natural and manu-
factured gas;
(f) The phrase "Pipes and Appurtenances" shall
mean pipe, pipeline, main, service, trap, vent, vault,
manhole, meter, gauge, regulator, valve, conduit, app-
liance, attachment, appurtenance and any other proper-
ty located or to be located in, upon, along, across,
under or over the streets of the City, and used or
useful in transmitting and distributing gas.
(g) The phrase "lay and use" shall mean to lay,
construct, erect, install, operate, maintain, use0 re-
pair, replace, or remove.
SECTION 2. That the right, privilege and franchise,
subject to each and all of the terms and conditions contained
in this ordinance, and pursuant to the provisions of Divis.ion
3, Chapter 2 of the Public Utilities Code of the State of
California, known as the Franchise Act of 1937, be and the
same is hereby granted to Southern Counties Gas Company of
California, a corporation organized and existing under and
by virtue of the laws of the State of California, herein re-
ferred to asc.'the "Grantee", to lay and use pipes and appur-
tenances for transmitting and distributing gas for any and
all purposes, under, along, across or upon the streets, of
the City, for an indeterminate term of period from and after
the effective date hereof, that is to say, this franchise
shall endure in full force and effect until the same shall,
with the consent of the Public Utilities Commission of the
Ordinance No. 48
State of California, be voluntarily surrendered or abandoned
by its possessor, or until the State of California or some
municipal or public corporation thereunto duly authorized
by law shall purchase by voluntary agreement or shall con-
demn and take under the power of eminent domain, all property
actually used and useful in the exercise of this franchise,
and situate within the territorial limits of the State, mun-
icipal or public corporation purchasing or condemning such
property, or until this franchise shall be forfeited for
non-compliance with its terms by the possessor thereof.
SECTION 3. The Gra~tee shall pay to the City at the
times hereinafter specified, in lawful money of the United
States, a sum annually which shall be equivalent to two per
cent (2%) of the gross annual receipts of grantee arising
from the use, operation or possession of said 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 of gas within the lim-
its 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 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 gross
receipts for the calendar year, or such fractional calendar
year, covered by such statement. Any neglect, omission or
refusal by said grantee to file such verified statement, or
to pay said percentage, at the times or in the manner herein-
before provided, shall be grounds for the declaration of a
forfeiture of this franchise and of all rights thereunder.
SECTION 4. This grant is made in lieu of all other fran-
chises, rights, or privileges owned by the grantee, or by
any successor of the grantee to any rights under this fran-
chise, for transmitting and distributing gas within the lim-
its 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 this City, as such limits
now or may hereafter exist, in lieu of which this franchise
is granted.
SECTION 5. The' franchise granted hereunder shall not
become effective until written acceptance thereof shall have
been filed by the gran~ee thereof with the Clerk of the City.
When so filed, such acceptance shall constitute a continuing
agreement of the grantee that if and when the City shall there-
after annex or consolidate with, additional territory, any
and all franchise rights and privileges owned by the grantee
therein shall likewise be deemed to be abandoned within the
limits of such territory.
SECTION 6. 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
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Ordinance No. 48
by purchase or through the exercise of the right of eminent
domain, and nothing herein contained shall be construed to
contract away or to modify or abridge, either for a term or
in perpetuity, the City's right of eminent domain in respect
to the grantee or any public utility. Nor shall this fran-
chise ever be given any value before any court or other public
authority in any proceeding of any character in excess of
the cost to the grantee of the necessary publication and any
other sum paid by it to the City therefor at the time of the
acquisition thereof.
SECTION 7. 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 ordinances, 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 authority of the State of
California, and, as to State highways, subject to the pro-
visions of general laws relating to the location and main-
tenance of such facilities.
(b) pay to the City, on demand, the cost of all re-
pairs to public property made necessary by any operations
of the grantee under this franchise;
(c) indemnify and hold harmless the City and its off-
icers from any and all liability for damages proximately
resulting from any operations under this franchise; and be
liable to the City for all damages proximately resulting
from the failure of said grantee well and faithfully to
observe and perform each and every provision of this fran-
chise and each and every provision of Division 3, Chapter
2 of the Public Utilities Code of the State of California; and
(d) remove or relocate, without expense to the City,
any facilities installed, used and maintained under this
franchise if and when made necessary by any lawful change
of grade, alignment or width of any public street, way, alley
or place, including the construction of any subway or via-
duct by the City; and
(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 8. The Engineer shall have power to give the
grantee such directions for the location of any pipes and
appurtenances as may be reasonably necessary to avoid sewers,
water pipes, conduits or other structures lawfully in or
under the streets; and before the work of constructing any
pipes and appurtenances ~s commenced, the grantee shall file
with said Engineer plans showing the location thereof, which
shall be subject to the approval of said Engineer (such
approval not to be unreasonably withheld); and all such con-
struction shall be subject to the inspection of said Engineer
and done to his reasonable satisfaction. All street cover-
ings 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 macadam-
ized street, the same, where practicable and economically
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Ordinance No. 48
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 9. If any portion of any street shall be dam-
aged by reason of defects in any of the pipes and appurten-
ances 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 be-
fore 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 10.
(a) If the grantee of this franchise shall fail,
neglect or refuse to comply with any of the pro-
visions or conditions hereof, and shall not, within
ten (10) days after written demand for compliance,
begin the work of compliance, or after such beginning
shall not prosecute 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 franchise, in the event of non-compliance by
the grantee, its successors or assigns, with any of the
conditions thereof.
SECTION 11. The grantee of this franchise shall pay
to the City a sum of money sufficient to reimburse it for all
publication and posting expenses incurred by it in connection
with the granting of this franchise; such payment to be made
within thirty (30) days after the City shall furnish such gran-
tee with a written statement of such expenses.
SECTION 12. Not later than' thirty (30) days after
the publication of this ordinance, 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 13. The City Clerk shall certify to the adop-
tion of this ordinance and shall cause the same to be pub-
lished once in the San Gabriel Valley Daily Tribune.
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Ordinance No. 48
I, MAXINE M. HORST, City Clerk of the City of Irwindale,
do hereby certify that the above ordinance No. 48, which was
adopted at a regular meeting of the City Council held on the
17 day of March, 1958, was passed by the following vote,
to wit:
Ayes BARBOSA, DIAZ, MARTINEZ, MIRANDA, ORNELAS
Noes NONE Absent NONE
I further certify that said ordinance was thereupon
signed by the Mayor of the City of Irwindale.
Jr;,~ m. ,;u:tqT
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
MAXINE M. HORST, being first duly sworn, deposes and
says:
That she is the City Clerk of the City of Irwindale,
California, and is and was at all times herein mentioned a
citizen of the United States over the age of eighteen (18)
years and competent to be a witness herein.
On March 19, 1958, she securely and conspicuously posted
at each of the public places in said City, to wit:
(1) 5140 North Irwindale Avenue
(2) Post Office on Irwindale Avenue
(3) Southwest corner of Arrow Highway
and Irwindale Avenue
a copy of Ordinance No. 48 of the City of Irwindale, being
in all respects the same as that attached hereto and made a
part hereof.
Dated: March 19, 1958
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Irwindale, California
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