HomeMy WebLinkAboutORD 28l ORD78ANCE NO.
AN ORD112NAN%M OF THE CITY OF PALM DESERT,
GRANTINGi .0 SOUTHERN CALIFORNIA GAS COMPANY,
: A CORPfpATION, THE RIGHT, PRIVILEGE AND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCES FOR TRANS-
4 NITTING AND DISTRIBUTING GAS FOR ANY AND ALL PUR-
POSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC
S STREETS, NAYS, ALLEYS AND PLACES, AS THE SAME
NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY.
i
The Council of the City of Palm Desert does ordain
S as follows:
IP SECTION ONE
10 Whenever in this ordinance the words or phrases
hereinafter in this section defined are used, they shall have
It the respective meanings assigned to them in the following
definitions (unless, in the given instance, the context
12 wherein they are used shall clearly import a different
meaning):
13
(a) The word "Grantee" shall mean the corporation
14 to which the franchise contemplated in this ordinance is
1s granted and its lawful successors or assigns;
16 D(b) The word "City" shall mean the City of Palm
Desert, a municipal corporation of the State of California,
in its present incorporated form or in any later reorganized,
17 consolidated or reincorporated form;
is (c) The word "streets" shall mean the public
19 streets, ways, alleys and places as the same now or may
hereafter exist within said City;
3D (d) The word "Engineer" shall mean the Engineer
21 of the City;
(e) The word "Gas" shall mean natural or manufactured
22 gas, or a mixture of natural and manufactured gas;
21 M The phrase "Pipes and Appurtenances" shall
mean pipe, pipeline, main, service, trap, vent, vault, manhole,
24 meter, gauge, regulator, valve, conduit, appliance, attach-
ment, appurtenance and any other property located or to be
25 Located in, upon, along, across, under or over the streets
of the City, and used or useful in transmitting and distributing
26 gas.
27 (q) The phrase "lay and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair,
2B replace, or remove.
20 SECTION TWO
so to
the right, privilege and franchise, subject
to each and all of the terms and conditions contained in this
n ordinance, and pursuant to the provisions of Division 3,
Chapter 2 of the Public Utilities Code of the State of Calif-
ornia, known as the Franchise Act of 1937, be and the same is
hereby granted to SOUTHERN CALIFORNIA GAS COMPANY, a corporation
Page 1.
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81=10N FIVE
The franchise granted hereunder shall not become
3 effective until written acceptance thereof shall have been
filed by the grantee thereof with the Clerk of the City.
4 when so filed, such acceptance shall constitute a continuing
agreement of the grantee that if and when the City shall
5 thereafter annex or consolidate with, additional territory,
any and all franchise rights and privileges owned by
6 the grantee therein shall likewise be deemed to be
7 abandoned within the limits of such territory.
81 SECTION SIX
9 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
10 purchase or through the exercise of the right of eminent
11 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
12 respect to the grantee or any public utility. Nor shall
this franchise ever be given any value before any court
13 or other public authority in any proceeding of any
14
necessary publication and any other sum paid by it to the
character in excess of the cost to the grantee of the
City therefor at the time of the acquisition thereof.
16 SECTION SEVEN
17 The grantee of this franchise shall:
18 a(a) Construct, install and maintain all pipes
and appurtenances in accordance with and in conformity with
19 all of the ordinances, rules and regulations heretofore
or hereafter adopted by the legislative body of this City in
20 the exercise of its police powers and not in conflict
with the paramount authority of the State of California, and,
21 as to State highways, subject to the provisions of general
laws relating to the location and maintenance of such
22 facilities.
23 (b) Pay to the City, on demand, the cost of all
repairs to public property made necessary by any operations
24 of the grantee under this franchisee
)inalhold
ili yess the s and
25its officersfm any adlliabfor damages prox-
26 imately resulting from any operations under this franchisee
and be liable to the City for all damages proximately res-
V ulting from the failure of said grantee well and faith-
fully to observe and perform each and every provision of
28 this franchise and each and every provision of Division
3, Chapter 2 of the Public Utilities Code of the
29 State of Californiae and
30 (4) :remove or relocate, without expense to
the City, any facilities installed, used and maintained
31 under this franchise if and when made necessary by any
lawful change of grade, alignment or width of any public
32 street, way, alley or place, including the construction
of any subway or viaduct by the Citye and
Page 3.
1
(a) rile 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,
S or of any of the rights or privileges granted thereby,
written evidence of the same, certified thereto by the
4 grantee or its duly authorized officers.
8 SECTION EIGHT
6 The Engineer shall have power to give the
grantee such directions for the location of any pipes
7 and appurtenances as may be reasonably necessary to avoid
sewers, water pipes, conduits or other structures law-
8 fully in or under the streets; and before the work of
constructing any pipes and appurtenances is commenced,
9 the grantee shall file with said Engineer plans showing the
location thereof, which shall be subject to the approval of
10 said Engineer (such approval not to be unreasonably
withheld); and all such construction shall be subject to
11 the inspection of said Engineer and done to his reason-
able satisfaction. All street coverings or openings of
12 traps, vaults, and manholes shall at all times be kept flush
with the surface of the streets; provided, however,
13 that vents for underground traps, vaults and manholes may
extend above the surface of the streets when said vents
14 are located in parkways, between the curb and the
15 property line.
16 Where it is necessary to lay any underground pipes
through, under or across any portion of a paved or
17 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 can-
not be so done, such work shall be done under a permit to
19 be granted by the Engineer upon application therefor.
20 SECTION TEN
21 (a) If the grantee of this franchise shall
fail, neglect or refuse to comply with any of the
22 provisions or conditions hereof, and shall not, within
ten (10) days after written demand for compliance,
23 begin the work of compliance, or after such beginning
24 shall not prosecute the same with due diligence to
completion, then the City, by its legslative body,
25 may declare this franchise forfeited.
26 (b) The City may sue in its own name for the
forfeiture of this franchise, in the event of non-
27 compliance by the grantee, its successors or assigns,
with any of the conditions thereof.
29 SECTION ELEVEN
29 The grantee of this franchise shall
p
.30 City a sum of money sufficient to reimburse itfoto the
r
all publication expenses
ncurred it
with the granting thisifranchise suchpaymentof
i1 be made within-thrity (30) days after the City shall
32 furnish such grantee with a written statement of such
expenses,
Page 4.
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 of the City of Palm Desert, California
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be posted in accordance with
Resolution 74-17 of the City Council of the City of Palm
Desert, California.
PASSED, APPROVED AND ADOPTED this 9th day of May,
1974, by the City Council of the City of Palm Desert, California,
by the following vote:
AYES: Aston; Benson; Brush; McPherson; Clark
NOES: None
ABSENT: None
ATTEST:
HENRY B. CJ1ARK, MAYOR
City of Pa Desert
AARVEY L. HURLBURT, CITY CLERK
City of Palm Desert
r .
t♦
�
lb
-
1
. SECTION TW 12
;a' e
!
Not later than tb•.:ty (30) days after the
ppuqbblication of this ordinance, the grantee shall
S
i`i ie- with the City Clerk a written acceptance of the
franchise hereby granted, and an agreement to comply
4
with the terms and conditions hereof.
d
SECTION THZRTM
6
The City Clerk of the City of Palm Desert
California, shall certify to the passage and adoption
7
of this Ordinance and shall cause the same to be
posted in accordance with fiR'l14mNwv*x W*x x x x x x x x *9 Resolution 7 4 -17 f
s
the City Council of the City of Palm Deser-,Calif-
ornia.
9
PASSED, APPROVED and ADOPTED this 9th
10
day of , 1974, by the City Council of
11
the City o a Desert, California, by the follow-
ing vote:
12
AYES: Aston; Ben:^n; Brush; McPherson; Clark
13
NOESs None
14
ABSENTs None
City of. Palm Desert, California
17
ATTEST:
19
` Clerk
�*
90
City of Palma Desert, California
fi
22
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215
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