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HomeMy WebLinkAbout91-32 CC OrdinanceORDINANCE NO. 91-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURI~SES 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 TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. Whenever in this Ordinance the words or phrase 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 Southern California Gas Company, and its lawful successors or assigns; b. The word "City" shall mean the City of Temecula, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; e. 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 Director of Public Works of the City; e. The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise 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 in the City. Any authorization, in whatever terms granted, shall be in lieu of any business license tax or permit based upon gross receipts or number of employees, but no other license, tax or permit; f. The word "Gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas; Ords 91-32 -1- g. The phrase "Pipes and Appurtenances" shall mean pipes, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, 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 transmitting and distributing gas; h. The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. SECTION 2. 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, the right, privilege and franchise be, and the same is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing gas for any all purposes, under, along, across or upon the streets of the City. The term of this franchise shall be indeterminate, that is to say, this franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunder duly authorized by law shall purchase by voluntary agreement or condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof. SECTION 3. 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 percent (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 percent (1%) of the gross annual receipts of the Grantee derived from the sale of gas within the limits of the City under this franchise. SECTION 4. 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 factional 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 Ords 91-32 -2- such statement in lawful money of the United State, 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 5. The City Treasurer, or any qualified person designated by the City, at any reasonable time during regular business hours, may make examination at Grantee's office or offices of its books and records germane to and for the purpose of verifying the dates set forth in the statement required by Section 4. All books and records subject to examination by the City Treasurer, or qualified person designated by the City, shall be made available within the Grantee's office in the County of Los Angeles. SECTION 6. This grant is made in lieu of all other franchises owned by the Grantee, or by any predecessor or 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 7. The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee with the Clerk of the City. When so fried, 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 and Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. SECTION 8. 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, real or personal, either by purchase or through the exercise of the right of eminent domain, and nothing herein contained in this franchise 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; nor shall this franchise every be given any value before any court or other public authority in an proceeding of any character in excess of the cost to the Grantee of the necessary publication an any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION 9. 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 theretofore, or hereafter adopted by the legislative body of the City in the exercise of its police powers and not in conflict Ords 91-32 -3- 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; 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 and defend the City and its respective dected and appointed officials, officers, agents and employees 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 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 California Public Utilities Code; d. Remove or relocate, at the request of 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. 1. The term "City" as used in this subparagraph shall mean the same as the term "municipality" contained in Section 6297 of the Public Utilities Code. SECTION 10. a. 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 which approval shall not be unreasonably withheld; and all such construction shall be subject to the inspection of said Engineer and done to his or her reasonable satisfaction. All street covetings 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. b. Where it is necessary to lay any underground pipes or other facilities 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 done, such work shall be done under a permit to be granted by the Engineer upon application therefor. Ords 91-32 4- c. Any fee imposed upon Grantee for any and all required encroachment permits to lay any underground pipes and appurtenances through, under or across any portion of a paved or macadamized street or to access existing pipes and appurtenances, shall be imposed on a non- discriminatory basis only, to the extent such fees are imposed generally on all non-governmental applicants for such permits within the City, in an amount which does not exceed the estimated reasonable cost of issuing the permit and inspecting the work done thereunder. SECTION 11. 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 operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, within a reasonable period of time, repair any such damage and restore such portion of street, to as good 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 12. Grantee shall 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 any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers. SECTION 13. 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, being 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 noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof. SECTION 14. Except to the extent expressly provided by the terms of this Ordinance, the granting of this franchise shall not be construed as limiting or modifying the power or authority conferred upon the city. SECTION 15. 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 Grantee with a written statement of such expenses. SECTION 16. 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. Ords 91-32 -5- SECTION 17. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, pmagraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 18. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 19. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. PASSED, APPROVED AND ADOPTED this 27th day of August, 1991. Ronald J. Parks, Mayor ATI~r~T: [SEAL] Ords 91-32 -6- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 91-32 was duly introduced and placed upon its furst reading at a regular meeting of the City Council on the 13th day of August, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of August, 1991, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore Ords 91-32 -7-