HomeMy WebLinkAbout15 - Ordinances ORDINANCE NO. 15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA
GAS COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND
FRANCHISE TO LAY AND 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 PLACES, AS THE SAME NOW OR MAY HERE-
AFTER EXIST, WITHIN SAID MUNICIPALITY.
The City Council of the City of Rancho Cucamonga does ordain as
follows:
SECTION ONE
'dhenever in this 3rdiance 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 "Grantee" 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 Rancho Cucamonga, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated or reincor-
porated 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 "Gas shall mean natural or manufactured gas, or a
mixture of natural and manufactured gas:
(f) The Phrase "Pipes and Appurtenances" shall mean pipe,
pipeline, main, service, trap, vent, vault, manhole, meter, guage,
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 trans-
mitting and distributing gas.
(g) The phrase "lay and use" shall mean to lay, construct, erect,
install, operate, maintain, use, repair, replace, or remove.
SECTION TWO
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 Division 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 California Gas Company, a corporation organ-
ized and existing under and by virtue of the laws of the State of Cali-
fornia, herein referred to as the "Grantee", to lay and use pipes and
appurtenances for transmitting and distributing gas for any and all purposes,
under, along, across or upon the streets, of the City, for an indeterminate
term or 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 State of Cali-
fornia, 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
condemn 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, municipal 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.
Ordinance No. 15
Page 2
SECTION THREE
The Grantee shall F,sy 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 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 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 calendar 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 hereinbefore provided, shall be grounds for the
declaration of a forfeiture of this franchise and of all rights thereunder.
SECTION FOUR
This grant is made in lieu of all other franchises 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 within the limits of this
City, as such limits now or may hereafter exist, in lieu of which this franchise
is granted.
SECTION FIVE
The franchise granted hereunder shall not become effective until written
acceptance thereof shall have been filed by the grantee 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 thereafter 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 SIX
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 nothing herein contained shall be construed to contract away or to modify
or to 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 franchise
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 SEVEN
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
provisions of general laws relating to the location and maintenance of such
facilities.
Ordinance No. 15
Page 3
(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 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
franchise 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 viaduct by the City, subject to existing and future
legislation regarding the Grantee's right to recover such removal or
relocation expenses; and
(e) file with the legislative body of the City within thirty (30)
days after any sale, transfer, assignment or lease of this franchise,
thereby, written evidence of the same, certified thereto bv_ the grantee
or its duly authorized officers.
SECTION EIGHT
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 is 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 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 NINE
If any portion of any street shall be damaged by reason of defects
in anv 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 TEN
(a) If the grantee of this franchise shall 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,
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 ELEVEN
The grantee of this franchise shall pay to the City a sum of money
sufficient to reimburse it for all publication 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 grantee with a written
statement of such expenses.
SECTION TWELVE
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 THIRTEEN
The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published once in the Rancho Cucamonga Times.
or
Rancho Cucamonga
ATTEST:
H.K. Hunter
City Clerk
I hereby certify that the foregoing ordinance was adopted by the City
Council of the City of Rancho Cucamonga on the first day of March, 1978, by
the following votes:
Aves: Mikels, Schlosser, [west, Frost, Palombo
Noes: None
Absent: None