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HomeMy WebLinkAbout61-25211~O.U~IO~ NO. 61-2~2 A RESOLUTION OF THE CITY COUNCIL OF T~ CITY OF SANTA ~ DECLARING ITS I~'~m~TION TO GRANT A FRANCHISE TO CAT,TFORNIA GAS TRANSMISSION COMPANY~ TO INSTALL A pIPRI.TNE FOR '±'~ TRARS-- PORTATION OF GAS WITio_N T~E CITY OF SANTA AN~. W~EAS, California Gas Transmission Company, a C~,]i fornia corporation, havi~ heretofore by writing filed herein on the 16th day of October , 1961, applied to the City Council of the City of Santa Ana~ California~ for the right, franchise and privilege from time to time to construct, maintain~ operate, renew, repair, cha~ge the size of and remove or abandon in place a pipe line for the transportation of gas~ together with a~ ma~holes~ valves, service connections and appurtenances necessary or convenient to properly maintain and operate said pipe line, including facilities necessary for cathodic protection of said pipe line for an indeterminate time as specified in Section 1301 of ~rticle XIII of the City Charter~ from and after the date upon which such franchise shall become effective, in, under~ over, along or across certain public streets, ~.lleys and other public ways dedicated to public use in the City of Santa State of California. NOW, T~L~tEFORE, THE CITYCOUNCILOF 'l'~ CITY OF SANTA ANADOESRESOLVE AS ~OLLOWS: Section 1. That it is the intention of said City Council to grant to said California Gas Transmission Company said franchise for the said term ~ purposes aforesaid~ said franchise to be upon the following terms~ provisions and conditions, to wit: (1) The term of said franchise shall be an indeterminate time as specified in Section 1301 of Article XIII of the City Charter, from and after the date on which the ord2Lnance granting the franchise becomes effective. Provided, however, this franchise and all rights thereunder shall be n~]] and void in the event the California Public Utilities Commission shall deny t2xe pendin~ application of California Gas Transmission Company un~er date of December 1960, beir~ Application Number ~2931 for a Certificate of Public Convenience and Necessity. (2) That the franchise shall be subject to all of the provisions of Article XIII of the Charter of the City o£ Santa Ana and any ~ all procedural ordinances of the City enacted pursuant -1 - (3) (4) (6) (7) thereto. In case of conflict between any provision hereof and said Charter or Ordinances, the Charter or Ordinance provisions sh~l q be controlling. The grantee sha3_l 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 streets~ a]]eys and ways for the construction, maintenances operation~ renewal, repair~ change in the size and removal of the pipe line constructed, maintained or operated under the franchise. The work of eonstructing~ maintaining, operating, renewing, repairing, changing the size and removing the pipe line, be conducted with the least possible obstruction and inconvenience to the public and with the least ~ossible hindrance to the use of the streets, a]leys, and ways for purposes of travel. excavations shall be backfilled and the surface placed in as good condition as it was at the beginning of such work and to the satisfaction of the Street Superintendent. The grantee sha3_l hold the City of S~uta Ana~ its City Council and other officers~ harmless from any claims for damage or injury suffered by any person by reason of any excavation or obstruction in said streets~ ~lleys or ways occasioned by the construction, maintenance~ opera- tion, repair, or removal of any pipe line of the grantee under said franchise and shall be responsible for any such damage or injury. The City of Santa Ana reserves the right to change the grade or line of any street, a3_ley or way in which the pipe line is constructed~ maintained or operated under the franchise and upon receiving notice from the City Council of its intention so to do, the grantee s~al] promptly and at its own cost and expense, change the location of a11 such facilities and their appurtenances where necessary to conform to such change of grade or line. Any ~ge caused to any public improvement by the grantee in exer- cising any right or duty under or pursuant to the provisions of the ordinance granting the franchise s~.]] be promptly repaired by the grantee at its sole cost and expense. The grantee sh~]] 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 the pipe line constructed, maintained or operated under said franchise. In the event the grantee shsd_l fail to make any such repairs within ten (10) days after receipt of a notice and d~mand therefor from the City, the City may make such repairs at the cost and expense of the grantee, which cost, by the acceptance of the franchise, the grantee sh~ll agree to pay upon demand. The grantee sh~.11 pay to the City at the times h~reinafter specified~ in lawful money of the United States, at the rate of one-ha] f cent (½) per inch of internal diameter per lineal foot per year for each pipe line maintained in public streets, a]leys or other public ways by virtue of the authority granted by the franchise~ provided however that such payment shall in no event be less than a sum annually which sha!l be equivalent to two per cent (~) of the gross ~un~m.] 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 l~.mlts of the City of the utility service -2- (8) (9) for which this franchise is awarded. The grantee of this franchise s~all file with the Clerk of the City within three (9) months after the expiration of the calend~r ye~r~ or fractional calendar ye~r~ followin~ the date of the grant of this franchis% and within three (5) months ~fter the expiration of each and every calendar year thereafter~ a duly verified statement showing in detail the total gross receipts of the grante% 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. The grantee sha]~ 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 calend~r year or such fractional calendar year, covered by such statement. Any neglec% omission or refusal by the grantee to file such verified statemen% or to pay said percentag% at the times or in the msmner herein- before provided~ sh~l 1 be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. Grantee sha~ 1 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; provtded~ 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 ~.~1 or any part of grantee's property, which transfer~ mortgage or hypothecation shall be for the purpose of securing an indebtedness of grantee or for the pttrpose of renewing~ extending~ refunding~ retiring, paying or cancelling in whole or in part an~ such indebtedness at any time or from time to time. Any such sal% leas% assignmen% or other disposition of franchise for which consent of the City is required hereunder shall be evidenced by a dtuly executed instrument in writing filed in the office of the City Clerk. In the event the grantee shall fail to keep, ftulfi]_l or perform any of the terms or conditions of the franchise and shs. U 1 fa~l to remedy such default within thirty (30) days after notice from the City~ the City Council may, at its option exercised by resolution or orS~nanc% declare the franchise forfeited. Upon such declara- tion of forfeiture the franchise shs.~ be deemed cancelled and terminated and ali of the rights and privileges sttrrendered and terminated s.na the City may therea2ter exclude the grantee from further use of the public streets~ alleys and ways under the franchise. (10) The work of constructing~ maintaining~ operating~ renewing~ rep~iring~ changing the size or removing any pipe line, under the franchise shall, at a]_l times during the term of the franchise, in all respects comply with all of the rules~ regulation% ordinances and enactments of the City of Santa Aha and of such federal, state and county authorities as may have jurisdiction over said facilities; provided~ however~ that in each instance the paramount authority shall be binding on the grantee; and the City of Santa Ana hereby reserves ad~ regulatory power by law allowedto it over and with reference to the franchise and the exercise of rights~ power% and privileges under the same by the grantee. (~l) The location of the proposed pipe line s~atl follow the route as generally designated in the plat attached hereto dated J~ly 5~ 1961~ number OB-~=~ Rev.=~ ~ and shall be subject to the approval of the City Engineer of Santa An% California. (12) The grantee shall install a service connection at its own expense, during ~he ~nstructi~n nf the nipe line. of a size and ak the location designated by the City of Santa Aha if requested sn to do w~thin s~xty days after the adoption of an ordinance grant~n~ the franchise or w~thin nineey days after such request made after conmtruct~on. The Mran~ee shall furnish the necessary meter and appurtenances at ~tm own exoenee for the ~ale of gam through this service cnnnectinn when requested so to do by the City of Santa Aha. (13) Said franchise is not and shall not be exclusive. Sectinn 2. BE IT FURTHER RESOLVED that pursuant to Section 1303 of Article XIII the Clerk of the Council is directed to advertise the fa~t that said amol~cation for said franchise has been made to said C~ty Council together with a s~atement that it is proposed to grant said franchise upon terms~ provtsinn~ and cmnd~Jmns, set forth in this resnlueion~ by publish~ng this resol.tinn in the Re~ter. a new~oaoer of zeneral circulation published and circulated in the City of Santa Ana; that sa~d re~olution be published once within fifteen (15) day~ of the passage of sa~d resolution, and the tJ~e fixed for the public hearinm ~hall not be less than t~,enty (20) nor more ~han sixty (60) days after the passage of said Resolutinn sn that any eer~ons havin~ any interest in the franchise or any object,mn to the granting thereof may be heard. Section ~ IT IS FURTHER ORDEP. ED, STATED AND DECLARED that the hour of 7:~0 P.M. on the 4th day of December, lq6i~ be and the same is hereby fixed as the hour and ~he day for the meetinR nf the C~ty Council in the Council Chamber of the City Hall of the said City, at which any oersons havinz any interest in the franchise or any objec~inn to the granting thereof may appear'before the City Council and be heard thereon. PASSED AND ADOPTED by the City Council of the City of San~a Ana at its rem. lar meet~n~ held on the 6th day of November, 1961. ATTEST: CL~dF T~'d~b~ciL STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, MARION SUTTNER, do hereby certify that I am the C~rk of the Council of the C~ty of Santa Aha; that the foregoin~ Re~nlut]on was regularly ~ntroduced to ~afd Council at ~t~ regular meetinE held on the 6th day of Nnvember, 1961, and was at ~a{d meee~ng regularly Da~ed and adopted by the followin~ vote, to-wit: AYES, COUNCILMEN: NOES, COUNCILMEN: ABSENT, COUNCILMEN: Henry H. S, hlueter, Bob Brewer, Royal E. Hubbard None Dale H. Heip_ly, A. A. Hall ~ C~ERK OF THE COUNCIL O_.RAIJG~, COU~ITY , CALIFORNIA GAS TRANSMISSION CO. ~A ~ / ''' ~0Ic.o. CB-HI~ L £GEMO Pro~oseot $~" P/,oe/ine ~ Open Lay, ffun/~zhg~ ~e. Lay I~gO' TOTA ~ / 850 ' ~ C//y maxnYained excep% for Gu~e,