HomeMy WebLinkAboutORD NO 1521· " ' ORDINANCE w~ 1521 NEW SERIES
AN ORDINANCE OF THE CITY OF. ......................... ..B....A~.....E...R..S....F....~.....L~.... ......................................................... ,
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 HEREAFTER
EXIST, WITHIN SAID MUNICIPALITY.
Tha...~..°...u...n-..c.~..],....oi the City of. .......... .~....k...e..?...s...F..~..e..~.d.. ................................... does ordain as follows:
SECTION ONE
Whenever in this ordinance the worcls or phrases l~exJeinafter in this section defined are used,
they shall have the respective meanings assigned to them in the foUowing 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 usigns;
(b) The word "City" shall mean the City o~ ................. ..~_.'.k...e..~sfleld ,
a municipal corporation of the State of California, in its
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 ....... .~l~Y....]~llg:~Xq~.q~ ................................. of the City;
(e) 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, gauge, regulator, valve, conduit, appliance, attachment, appurte-
nance 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 transmitting and distributing gas.
(g) The phrase "lay and u~e" shall mean to lay, construct, erect, install, operate, maintain,
use, repair, replace, or remove.
SECTION TWO
That the right, privilege a~d franchise, subject to each and
all of the terms and conditions contained in this ordinance, and
pursuant to the Charter of the City of Bakersfield and upon the
terms and conditions of Division B, Chapter 2 of the Public Utilities
Code of the State .o~ California, known as the ~ranchise Act of 19BT, ~e
be and the same is .hereby granted to Southern California Gas Company,
a corporation organized and existing under and' ~y virtue oY''the laws
of the State of Ca!.ifornia, herein referred to as the "Grantee", to
lay and use pipes a~d appurtenances for transmitting and distributing
gas for any and all purposes, under, along,_ across or upon the
streets, of the Cit.¥, for a term of fifty (50) years.
SECTION THREE
The Grantee 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, how-
ever, that such payment shall in no event be less than one per cent (1~5) of the gross annuat recezpts
of the grantee ;:,:rived from the sale of gas within the limits of the City under this franchise.
IrORM
· .' '.,. The ~rantee of this franchise shall fi~e with 'the Clerk of the.City within three (3) month.,.
th~ expiration of the calendar year, or fractional calendar year, following the date of the grant
of this franchise, and within three (8) 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 man-
ner 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 ali 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 8o 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 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 con-
fortuity 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 ~eneral
laws relating to the location and maintenance of such facilities.
(h) 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 offcers from any and all liability for damages
proximately resulting from any operations under this franchise; and be liable to the City for all
damages proxim.~tely resulting from the failure of said grantee well and faithfully to observe and
perform each and every prevision of this franchise and each and every provision of Division $,
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 main-
tained under this franchise if and when made necessary by any lawful chan~ of grade, alignment
or width of any public street, way, alley or place, including the construction of any subway or viaduct
By the City; and
(e) file with the legislative body of the City within thirty (80) 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, w~itten evidence of the same, certified thereto by the grantee or its duly authorized
officers.
IrORM-~4'~I4.~D
.. - SECTION EIGHT .~.. ....
· 'TIie Engineer shall have power to give the ~'rantee such directions for the location of andy pipe~
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 unreason-
ably 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 any of the pipes and
appurtenances maintained or constructed under this grant, or by reason of any other cause arising
from the operatic,n or existence of any pipes and appurtenances constructed or maintained under
this grant, said .F.,'antee shall, at its own cost and expense, immediately repair any such damage and
restore such stre,:t, 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 com-
pliance, 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 su~icient 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 (80) days after the City shall furnish such grantee with a written
statement of such expenses.
SECTION TWELVE
Not later than thirty ($0) days after the publication of this ordinance, the grantee shall ~e
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 tl~e adoption of this ordinance and shell ~ause th& saz~ to be
published once in the~ ....... ..B.~a...k.e.-~....~..~.~..e.`~-..d.....C...a...~...:i:..f...~..~....n..~-a-.n.. ............
~ City Clerk .~Mayor .........
I hereby certify that the foregoing ordinance was adopted by the..C..~.~Y...'/.~..o..._u~_c..~___~_ .............
by the following votes:
,e..
........ _ .........
Noes:
..... ........... ' .....
Absent: ~.oJlno~L]__~__~_Ncu~ .......................
Aff' autt =f nsfi
STATE O1~ CATJI~OItNIA,~ ss.
County of Kern )
]~q&IAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on ...... .tha..2~tth...day...~Z...Ma~ck ........................ 19..64. she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on....~X~..2~l~.~[..d~ty....Q;[..j~]l ...... , 19~.., which ordinance
was numbered ............. ~...5...~..1.. ................ New Series, and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD GRANTING TO
SOUTII~RN CALIFORNIA GAS COMPANYs A CORPORATION, THE
RIGHTs 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 STI~_~TS, WAYSs AT.T.~YS AND PLACES, AS
THE S,qn NOW OR MAY HEHEAFTER EXIST, WITHIN SAID
MUNIC XPALXTY o
Subscribed and sworn to before me this
.~...4-.~-.-h.....day of .............. ...M~...?..?..h..,. .................. ,19..6..4.....
:.?._~___ :-~.~ub. li.c.~.~ ~--- - in and for the Count, of Kern. State of California
.? ,...,.. - . ~'; -'\~Ak.~-',.-: w. r.~ .% ~ta. mM~
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