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ORDINANCE NO.1064(CCS)
(City Cauncll Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA GRANTING
TO SOUTHERN CALIFORNIA GAS COMPANY,
A CORPORATION, THE RIGHT, PRIVILEGE
AND FRANCHISE TO LAY AND USE PIPES
AHD 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 SM1E NOW OR ~ffiY HEREAFTER
EXIST, WITHIN SAID MUNICIPALITY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Definltlons. Whenever In thlS
.
ordinance the words or phrases hereinafter in this sectlon
deflned are used, they shall have the respectlve meanlngs
asslgned to them 1n the followlng deflnltlons (unless, ln
the glven instance, the context wherein they are used shall
clearly nnport a d1fferent mean1ng):
l,. The word "grantee" shall mean the
corporat1on to which the franch1se conte~plated in this
ord1nance 1S granted and 1tS lawful successors or ass1gns;
B. The word "Clty" shall mean the C1ty of
Santa Monlca, a ffiunlC1pal corporation of the State of California,
1n ltS present incorporated form or in any later reorganlzed,
consol1dated, enlarged or reincorporated form;
C. The word "streets" shall mean the public
streets, ways, alleys and places as the same now or may here-
after exist within said cltYi
D. The word "engineer" shall mean the Director
of General Services of the Clty;
E. The word "gas" shall mean natural or
manufactured gas, or a m1xture of natural and manufactured
gas;
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v2rtue of the laws of the State of California, its successors
and assigns, hereinreferred to as the "grantee," to lay and
use pipes and appurtenances for transmitt~ng and distribut2ng
gas for any and all purposes, under, along, across or upon the
streets, of the City, for an 2ndeterminate term or per~od
from and after the effective date hereof, to wit: This
franchise shall endure in full force and effect until the
same shall, with the consent of the Public Ut~lities Cornm2ssion
of the State of Ca12fornia, be voluntarily surrendered or
abandoned by its possessor, or unt~l the State of California
or any munic~pal or publ2c corporation thereunder fiuly authorized
by law shall purchase by voluntary agreement or shall condemn
or take under the power of eminent domain, all property actually
used and useful in the exerC2se of this franchise, and s2tuate
w2thin the territorial lim2ts of the state, municipal or public
corporation purchas2ng or condemning such property, or until
th2s franchise shall be forfeited for noncompl~ance w2th 2tS
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 equ2valent to
two (2%) percent of the gross annual receipts of grantee arising
from the use, operation or possession of sa2d franchise;
provided, however, that such payment shall in no event be
less than one (1%) percent of the gross annual receipts of
the grantee derived from the sale of gas w~thin the limits
of the C2ty under this franchise; provided, however, that on
the fift2eth (50th) year from the effective date of th2s
franchise, and every f2ft2eth year thereafter, on the anniversary
of the effective date of this franchise, the grantee and the
City shall review said sum, and this franchise shall be at such
t2mes amended to provide for the payment to the City by grantee
of a sum annually for the next succeeding fifty (50) years
follow2ng such rev2ew, equivalent to two (2%) percent of the
gross annual receipts of grantee arising from the use, operation
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or possession of said franchise during such time; provided,
however, that such payment shall ~n no event be less than
one (1%1 percent of the gross annual receipts of the grantee
derived from the sale of gas with~n the limits of the City
under this franchise, or the amount fixed by D~vision 3,
Chapter 2 of the Public Ut11ities Code, as amended from time
to time, whichever is greater.
The grantee of this franchise shall
file with the director of finance of the City within three
(3) months after the exp1rat10n of the calendar year, or
fract10nal calendar year follow1ng the date of the grant of th1s
franchise, and w1th1n three (3) months of the expiration of
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each and every calendar year thereafter, a duly verlfied
statement showing ln detail the total gross recelpts of
the grantee, lts successors or asslgns, durlng the precedlng
calendar year, or such fractlonal calendar year, from the
sale of the utillty service wlthin the city for Wh1Ch this
franchise is granted. It shall be the duty of the grantee
to pay to the City withln fifteen (15) days after the tlme
of flllng such statement ln lawful money of the Unlted
States, the speclfled percentage of ltS gross receipts for
the calendar year, or such fractlonal calendar year, covered
by such statement. Any neglect, omlSS1on or refusal by sald
grantee to file such verlfled statement, or to pay said
percentage, at the times or in the manner hereinbefore
provlded, shall be grounds for the declaratlon of a forfelture
of thlS franchlse and of all the rlghts thereunder.
SECTION 4. This grant 1S made in lleu of all
other franchises o,qued by the grantee, or by any successor
of the grantee to any rights under thlS franchise, for
transmlttlng and dlstributlng gas wlthln the limits of the
Clty, as sald limits now or may hereafter eXlst, and the
acceptance of a franch1se hereby granted shall operate as
an abandonment of all such franchises wlthln the limits of
thls Clty, as such 11m1ts now or may hereafter exist, ln
lieu of whlch this franchise 15 granted.
SECTION 5. The franchise granted hereunder
shall not become effective until written acceptance thereof
shall have been flIed by the grantee thereof with the Clerk
of the Clty. When so flIed, such acceptance shall constltute
a continuing agreement of the grantee that lf and when the
Clty shall thereafter annex or consolidate with additlonal
territory, any and all franchlse rlghts and privlleges
owned by the grantee therein shall likew1se be deemed to
be abandoned wlth1n the limits of such territory.
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provision of Sections 1600 through and ~nclud~ng 1606 of
the Santa Monica City Charter, and each and every provis~on
of Division 3, Chapter 2 of the Public Util~ties Code of
the State of Californ~a.
D. Remove or relocate, without expense to
the City, any facil~ties installed, used, and ma~ntained
under this franch~se if and when made necessary by any lawful
change of grade, alignment or width of any public street,
way, alley or place, including the construct~on of any subway
or viaduct by the City, subject to eX1sting and future
legislation of the City regarding the grantee's right to
recover such removal of relocat1on expenses.
E. File w~th the legislative body of the
City within th~rty (30) days after any sale, transfer,
assignment or lease of this franchise, or any.part thereof,
or of any of the rights or priv~leges granted thereby,
written evidence of the same, certified thereto by the grantee
or its duly authorized officers.
F. Hold the City harmless from, and by its
acceptance hereof, wa~ve any recourse whatsoever aga~nst the
City for any loss, cost, expense, or damage arising out of
any provision or requirement of this ordinance or of any
franchise issued hereunder or because of its enforcement.
SECTION-S.
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The engineer shall have power to
give the grantee such directions for the location of any
p~pes 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
construct1ng any pipes and appurtenances ~s 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
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of said engineer and done to h~s reasonable satisfaction.
All streets coverings or openings of traps, vaults, and
manholes shall at all times be kept flush w1th the surface
of the streets; prov~ded, however, that vents for under-
ground traps, vaults,-and manholes may extend above the
surface of the streets when sa~d vents are located in
parkways, between the curb and the property line.
Where It 1S necessary to lay any
underground plpes thDQugb, 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 foundat~on of such paved or
macadpmized street; and ~n the event that the same cannot
be so done, such work shall be done under a perm~t to be
granted by the eng1neer upon application therefor.
SECTION 9. If any portion of any street shall
be damaged by reason of defects in any of the p~pes 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, immed1ately repair any such damage
and restore such street, or port~on 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 10. If the grantee of this franch1se
shall fail, neglect or refuse to comply with any of the
provisions or condit1ons hereof, and shall not, within ten
(10) days after written demand for compliance, begin the
work of compliance, or after such beg1nning shall not
prosecute the same with due diligence to completion, then
the City, by its leg1slative body, may declare this franchlse
forfeited.
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The City may sue in its own name
for the forfeiture of t~s franchise, ~n the event of non-
compliance by the grantee, its successors or assigns, with
any of the conditions thereof.
SECTION 11. The City shall have the right to
make an ~nvestigation into the affairs of the grantee so far
as the same may relate to the amounts to be paid under this
franchise and the rendit10n of service within the City; and
to compile such data as may be necessary to determine the
proper amounts to be pa1d under this franchise, the proper
serv~ce to be furnished by the grantee, or the charges to
be made therefor w~th~n the City. The City shall have the
right of access at all reasonable times to the property and
records of the grantee relating to the amounts to be paid
under th1S franch~se and to the rendit10n of service w~th~n
the City for the purpose of such investigation, and may
require reports from the grantee respect~ng such matters at
such t~mes and 1n such form as said City may reasonably
prescribe.
SECTION 12. All books, accounts, maps, and
other records relating to the rend~t~on of serV1ce by the
grantee w~thin the City, show~ng the affairs, properties
and financial condition of the grantee, shall be kept within
the City and/or 1n such other place as the reasonable
convenience of the grantee may requ~re; and Ln the event
that 1t becomes necessary for the City, or any representat~ve
designated by the City, or any officer by the C~ty, to make
such examinat~on any place other than w~thin the City, then
and 1n that event, all 1ncreased costs and expenses necessary
or ~nc1dent to such exam~nation and resulting from such books,
maps, and records not be~ng ava~lable within the C~ty, shall
be paid by sa~d grantee.
SECTION 13. Any right or power in, or duty
impressed upon, any officer, employee, or department of the
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C~ty shall be subJect to transfer by the C~ty or any other
officer, employee or department of the City.
SECTION 14. Th~s franc~se is not exclusive.
~ SECTION 15. There is hereby reserved to the C~ty
every r~ght and power"which is required to be herein reserved
or prov~ded by any ordinance of the City, and the grantee,
by ~ts acceptance of this franchise, consents to be bound
thereby and to comply w~th any action or requirements of the
C~ty in ~ts exercise of such rlghts or power, heretofore
or herelnafter enacted or established.
SECTION 16. The grant1ng of th~s franchise shall
not constitute a walver or bar to the exerClse of any govern-
mental right or power of the City.
SECTION 17. The grantee of this franchise shall
pay to the Clty a sum of money sufficient to reimburse 1t
for all publication expenses ~ncurred by it 1n connect1on with
the granting of this franchise~ such payment to be made
within thirty (30) days after the City shall furnish such
grantee w~th a written statement of such expenses.
SECTION 18. Not later than ten (10) days after
the adoption 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
cond1tions thereof.
SECTION 19. Any provlsions of the Santa Mon1ca
Munic1pal Code, or append1ces thereto inconslstent herewlth,
to the extent of such lncons1stencies and no further, are
hereby repealed or rnod1f~ed to that extent necessary to effect
the prov1sions of this ordinance.
SECTION 20. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to
be inval~d or unconstltutlonal by a dec1sion of any court of
competent jur~sd1ction, such declsion shall not affect the
validity of the remalnipg portlons of the ordinance. The
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City Council-hereby declares that it w~uld have passed this
ordlnance and each and every sectlon, subsectlon, sentence,
clause or phrase not declared lnvalld or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalld or unconstitutional.
SECTION 21.
The Mayor shall sign and the City
Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after lts adoption.
The ordinance shall become effective after thirty (30) days
from its adoption.
ADOPTED and APPROVED this 76th day of
JlIly
1977.
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MAYOR
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA MONICA
I do hereby certify that the foregolng ordlnance was
duly and regularly introduced at a meetlng of the City Council
on the .....ll.l.h day of
July
, 1977; that thereafter
the said ordinance was duly adopted at a meeting of the City
Councll on the 26th day of
July
, 1977; by
the following vote of the Council:
AYES:
COUNCILMEMBER: Bambrick, Cohen, Reed,
Scott, Trives,
Mayor Sw ink
NOES:
COUNC!LMEMBER; None
ABSENT:
COUNCILMEMBER: van den Steenhoven
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