Ordinance No. 606
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ORDINANCE NO. 606
AN ORDINANCE OF THE CITY OF VERNON GRANTING TO SOUTIillRM
CALIFORNIA GAS COMPANY, A CALIFORNIA UTiLITIES CORPORATION,
ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCES 'WHICH ARE NOVI OR MAY
HEREAFTER BE LAWFULLY PLACED IN PUBLIC STREETS, WAYS AND PLACES
WITHIN SAID CITY, AND TO LAY AND USE IN SAID PUBLIC STREETS,
WAYS AND PLACES ALL PIPES AND APPURTENANCES NECESSARY AND
PROPER FOR SAID PURPOSES FOR AN INDETERMINATE PERIOD.
THE CITY COUNCIL OF' THE CITY OF' VERNON DOES ORDAIN AS FOLLOWS:
Section 1.
Whenever in this ordinance the words
or phrases hereinafter in this section defined are used, they
shall have the respective meanings assigned to them in the fol-
lowing definitions (unless, in the given instance, the con-
text wherein they are used shall clearly import a different
meaning) :
(a) rrhe wor'd "Grantee" shall mea.n the corpora.tion
to which the franchise contemplated in this ordinance is
granted, and its lawful successors or assigns;
(b) The word IICity" shall mean the City of
Vernon, a municipal corporation of the State of California, in
its present incorporated form or in any later reorganized,
consolidated or reincorporated form;
(c) The \-lord "streets" shall mean the public
streets, ways, alleys and places as the same now or may here-
after exist within said City;
(d) The word"Engineer" shall mean the City
Engineer and/or Street Superintendent of the City;
(e) The word II Gas II shall mean natural or manufact-
ured gas, or a mixture of natural and manufactured gas;
(f) The phra.se "Pipes and Appurtenances" shall
mean pipe, 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,
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upon, along, across, 'under or over the Streets of the City,
and used or useful in the transmitting and/or distribution of
gas.
(g) The phrase "lay and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair,
replace or remove.
Section 2.
That the right, privilege and franchise,
subject to each and all of the terms and conditions contained
in this ordinance, and pursuant to the Provisions of the
"Franchise Act of 1937," be and the same is hereby granted
to Southern California Gas Company, a corporation organized and
existing under and by virtue of the laws of the state of Calif-
ornia, herein referred to as the "Grantee," to lay and use
pipes and appurtenances for transmitting and distributing gas
for any and all purposes, under, along, across or upon the
streets, of the City, for an indeterminate term or period from
and after the effective date hereof, that is to say, this
franchise shall endure in full force and effect until the
same shall, with the consent of the Railroad Commission of
the State of California, be voluntarily surrendered or abandon-
ed by its possessor, or until the State of California or some
municipal or public corporation thereunto duly authorized by
law shall purchase by voluntary agreement or shall condemn
and take under the power of eminent domain, all property
actually used and useful in the exercise of this franchise, and
situate within the territorial limits of the State, municipal
or public corporation purchasing or condemning such property,
or until this franchise shall be forfeited for non-compliance
with its terms by the possessor thereof. Such rights shall
not include the right to occupy any bridge, viaduct, subway,
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park, playground, SCllool property, or other municipal prop-
erty not constituting public thoroughfares, unless a special
permit therefor shall be granted by the City Council of said
City.
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 two 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
fra.nchise.
The grantee of this franchise shall file
with the Clerk of the City within three (3) months after the
expiration of the calendar year, or frantional calendar year,
following the date of the grant of this franchise, and within
three (3) months after the expiration of each and every calen-
dar 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 fi ling 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, cov-
ered by such statement. Any neglect, omission or refusal
by the grantee to file such verified statement, or to pay said
percentage, at the times or in the manner hereinbefore provided,
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shall be grounds for the declaration of a forfeiture of
this franchise and of all rights thereunder.
Section 4.
By its acceptance of this franchise
the Grantee agrees that in any proceeding of any character
before any Court, State Commission, Board of Arbitration
or other public authority no greater value shall be placed
upon this franchise than the actual cash paid to the City by
the Grantee for the cost of necessary publication in procur-
ing same.
Section 5.
This grant is made in lieu of all other
franchises, rights, or privileges owned by the grantee, or
by any successor of the grantee to any rights under this fran-
chise, 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 abandomment of all such franchises, rights and privi-
leges within the limits of this City, as such limits now or
may hereafter exist, in lieu of which this franchise is granted.
Section 6.
This franchise granted hereunder shall
not become effective until written acceptance thereof shall
have been filed by the granteefuereof with the Clerk of the
City. When so filed3 such acceptance shall constitute a con-
tinuing agreement of the grantee that if and when the City
shall thereafter annex or consolidate with, additional terri-
tory, any and all franchise rights and privileges owned by
the grantee therein, except the franchise derived under the
aforesaid provision, shall likewise be deemed to be abandoned
within the limits of such territory.
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Section 7.
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 con-
tract 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.
Section 8.
All work undertaken or performed, and
all pipes and appurtenances laid or used pursuant to the pro-
visions of this franchise shall be of the standard required by
law, by the orders of the Railroad Commission of the State of
California, and by any other body or governmental authority
having jurisdiction in the premises.
WHERE not in conflict with the State Law
or orders of the Railroad Commission, or other governmental
authority having jurisdiction in the premises, said pipes and
appurtenances shall be placed, erected and installed in ac-
cordance with the reasonable rules and regulations and ordi-
ances of the City.
PROVIDED, HOWEVER, that the Grantee of
this Franchise shall place its plant, pipes, appurtenances,
facilities and equipment in or upon the streets of the City.
only after securing the approval of the City Engineer and
Street Superintendent of said City or such other officer of
the City as the legislative body of the City may direct as to
the proposed location of such plant, facilities or equipment,
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as set forth in Section IX hereof.
Section 9. Before making any opening or excavation
in any street, or before disturbing the earth beneath the sur-
face of any street, regardless of whether the sur~ace thereof
is damaged or removed or not, except in case of emergency, the
Grantee shall:
(a) File with the City Engineer a drawing, or
drawings showing the proposed location and character of any
plant, pipes, appurtenances, facilities or equipment to be
constructed, erected or installed in the streets of the City.
(b) Make application to the Engineer in accord-
ance with the provisions of the ordinances of the City in force
and effect at the time of making such application, and secure
a permit therefor which shall indicate the approximate time,
manner and place of layl.ng and using said pipes, appurtenances,
facilities and/or equip~ent.
(c) Make such bond or deposit of money with the
appropriate officer of the city as may be from time to time re-
quired by ordinance of the City in force and effect at the time
of the dOl.ng or performing of said work, which said bond or depos-
it of money shall be made to guarantee the payment to the City
of any and all charges in connection with or resulting from
the granting of said application.
11' the proposed loca ti.on of' any plant,
pipes, appurtenances, facilit.Les or equipment, does not, or
will not interfere unreasonably with the ordinary travel or the
use of the streets of tlle City, and otherwise complies with this
franchise, and all city ordinances, the Engineer shall approve
the same, and issue a permit or permits therefor.
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Section 10.
(a) The Grantee shall lay and use all
its pipes, and appurtenances hereunder so as to cause the least
pOSSible hindrance to the use of the streets for the purpose of
travel or any other public purpose.
(b) After any work has been commenced
by the Grantee in the streets of the City, the same shall be
prosecuted in good faith and with due diligence until completed.
Section 11.
(a) When any opening or excavation is
made, or work done in, upon, along, across, under or over any
street for any purpose whatsoever by the Grantee, in connection
witll the exercise of any right or privilege authorized by this
franchise, said street or any portj_on thereof affected or
damaged thereby, shall, as promptly as practicable, be restored
to as useful, safe, durable and good condition as existed prior
to the making of such opening or such excav~tion or the doing of
such work, in conformity with the privisions of the oridinances
of the City in force and effect at the time of the performance
thereof and to the satisfaction of the City Engineer.
(b) By the acceptance of this franchise
the Grantee agr'ees that after the work of restoring such portion
of said street has been completed as provided in the paragraph
next hereinabove, it will preserve such portion of said street
so restored from deterioration resulting from having been opened
or excavacte, ordinary wear, tear and use excepted.
Section l2.
If any portion of any street in said
City shall be damaged by reason of, growing out of, or resulting
from the exercise by the Grantee of any or all of the r'ights
or privileges granted by this ord:Lnance, or by reason of any
acts or act of the Grantee, or its servants or agents, in the
exercise of such rights or privileges, the Grantee, at lts own
cost and expense, shall inllnediately repair such damage and re-
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store said street to as useful, safe, durable and good con-
dition as existed before such damage; such work to be done
under the direction of the Engineer and to his reasonable
satisfaction.
Section 13. In the event that during the term of
this franchise, the city shall provide by ordinance adopted in
the exercise of its police powers, that all work of restoring
the portion of any street affected or damaged by any opening
or excavation made or work done by the Grantee, in, upon, along,
across, under or over said street, shall be done and performed by
tlle City and the City shall have done and performed said work
pursuant to the provisions of said ordinance, the Grantee, by
the acceptance of this franchise, agrees to pay the City the
reasonable charges for its pro-rata share of said work pre-
scribed in said ordinance applicable alike to all privately
owned public utilities using and occupying the streets of the
City, such charges shall be paid by the Grantee to the City at
the time and in the manner provided in said ordinance.
Section 14.
(a) Any pipes and~purtenances laid
and used pursuant to the provisions of this ordinance, or any
tunnel or bore dug or made in the streets of the City in con-
nection with the laying and using of any such pipes and appurte-
nances, shall be not less than 24 inches below the existing
surface of the streets where laid I; except that ,,,here such depths
are impracticable due to extraordtnary circumstances, the
Grantee shall secure the approval of the Engineer or other duly
authorized officer of the City, as to the suitable depth or
location of said pipes and appurtenances, tunnel or bore, and the
same shall be placed in conformity with such approved location
or depth, and in a ~ler satisfactory to the Engineer or
other duly authorized officer of the City.
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(b) All manholes, vaults, traps,
catch basins or other structures shall be so capped and covered
as to be flush with the surface of the street, and shall not
interfere in any way with the use of the strffts for the pur-
pose of travel or in any way constitute a hazard to pedestrian
or vehicular traffic; provided, however, that vents for illlder-
ground traps, vaults and manholes may extend above the surface
of the street when said vents are located in parkways, between
the curb and the property line provided said vents so located
do not extend above the surface of said parkways, except by
special permission of the City Council.
(c) The grantee shall not lay, con-
struct, erect or install in the streets of the City any vent
pipe from any vault, manhole or other structure of the Grantee
except in the manner and at the location or 10catioRs prescribed
or approved by the Engineer.
Section 15.
(a) Upon the abandonment of any of
the facilities or equipment of the Grantee located above the
surface of the street, the Grantee shall notify the Engineer
in writing of such abandonment within twenty (20) days thereafter.
(b) The Grantee shall, upon abandon-
ment of any of its plant, facilities, or equipment located above
the surface of the str'eet, remove the same with:Ln ninety (90)
days from and after the date of such abandonment.
(c) The Grantee shall, upon abandon-
ment of any of its mains below the surface of the street, notify
the Engineer in writing of such abandonment and, if in his opin-
ion, the same should be removed during the term of this franchise,
the Grantee will, within thirty (30) days after receipt of no-
tice to that effect fl~om the Engineer or the City Council, com-
mence the removal of the same at Grantee's own cost and expense,
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or if, in the opinion of the Engineer, any work should be done
in the streets for the purpose of insuring the restoration of
said streets to good order and condition, the Grantee will, upon
thirty (30) days' written notice to that effect from the City
commence such work as directed, at Grantee's own cost and
expense.
Section 16.
In the event that during the term of
this franchise, the City shall change the grade, width or 10-
cation of any street, or improve any street in any manner, or
lay any swwer, storm drain, conduit or pipe, or construct any
subway, viaduct, pedestrian tunnel or other lawful public work
of a governmental character, or lay any water main or pipe, and
such work shall render necessary any change of the location or
posi tion of any f'acili ties OJ' equipment of the Grantee in the
street, including the support thereof while such work is being
done or performed, the Grantee, at its own cost and expense,
within twenty (20) days after written notice from the Engineer
and request so to do, shall begin the work of doing any and all
things to effect such change in position or location in conform-
ity with such written instructions.
If the Grantee shall sustain any
loss, injury or damage by reason of the doing of any of the
hereinabove mentioned public works, and if said work shall be
done in a reasonable manner and without negligence on the
part of the City and/or any officer, board, commission or de-
partment thereof, then the Grantee shall have no recourse what-
ever against the City and/or any officer, board, commission, or
department thereof, on account of such loss, injury or damage.
Section 17.
In granting this franchise, the City
(Without admitting or recognizing in any way that it is not
already vested with the powers hereinafter reserved) hereby
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expressly reserves the l~ight to grade, widen, relocate, sewer,
pave, macadamize, to la;,r conduit, water, gas or other pipe
therein, or to alter, repair, or otherwise provide for the mak-
ing of local improvements in the streets along which this fran-
chise is granted, and tIle City also hereby expressly reserves the
right to enact and enforce all reasonable and proper ordinances
in the exercise of its police power, or its power to make and
provide for the making of local improvements by special assess-
ment, and nothing herein contained shall ever be construed or
taken to exempt or as a contract right exempting the Grantee,
from complying with sych ordinances now in force or which may
hereafter be adopted. The enumeration herein of specific rights
reserved shall not be taken as exclusive or as limiting the
general reservations here made.
Section 18. The grantee, by the acceptance of this
franchise, agrees that it will immediately in advance of any
paving or repaving of any street and upon reasonable notice
thereof given to Grantee by the City, install and construct at
its own expense all pla,nt, facilities or equipment reasonably
necessary for its future use of said street, so as to prevent
so far as possible the distrubance by the Grantee of any such
pavement after such paving or repaving. Except in case of an
emergency such pavement shall not be cut or disturbed by
the Grantee for one year after such pavement is laid except by
special permission of' the City Council.
Section 19.
In the event the Grantee shall fail to
commence work in compliance with the written instructions of
the Engineer or City Counc~l, provided for in this ordinance,
within thirty (30) days after service of the same upon the
Grantee, or its local a.gent or manager (unless unable to comply
with such instructions by reason of strikes, riots, acts of GOd,
ll.
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acts of public enemies, or other circumstances beyond the
control of Grantee), the Engineer shall cause the work required
in said notice to be done and performed and by acceptance of
this franchise the Grantee agrees to pay the City the costs
thereof within ten (~O) days after the delivery to it, or its
local agent or manager, of an itemized bill therefor. It is
understood and agreed that the cost of doing said work shall
6e considered the actual cost plus ten percent (10%) thereof
for overhead.
Section 20.
(a) The Grantee of this franchise
shall indeIlL1'lify, save a.nd hold harmless, the City and any
officers and employees thereof, agalnst3..nd fl'om n.ll oa.ma.ges,
judgments, decrees, c 05ts and expenditures which the Ci t;y,
or such officer or' ernployee, may suffer, or \v-1Iicb may be 1'e-
covered from, or ontainable against the City, or such officers
or employees, proximatel;] caused by and growing out of, or
loesul ting from the exercise by the Grantee of any or all of
the rights or privileges granted. by this ordinance; provided.,
however' , that the Grantee shall have the rights at its option
to defend any suit that mfty be instituted against the City,
or arry officer or employee ther'eof, by reason of, 01' growing out
of, or' resulting from the exercise by the Gre-ntee of any or all
of the rights or pl"i vileges granted by this franchise, or by
reason of any act or acts of the Grantee, or its servants or
agents, in exercising this franchise.
(b) In the event the City, or' any
officer or employee thereof, suffers any damage, or any person,
finn, 01" public corpore.tion mc'-l..kes claim against the City, or
any officer or emplo'yee thereof, b;y rea.son of, or growing out
of, or resulting from the exer'cise by the Grantee of any or
all of the rights or privileges granted by this ol"dinance, or
.., r,
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by rea.son of any act or acts of the Granteff, or its servants
or agents, in exercising this franchise, the City, or such
officel'S or employees thereof, must give immediate written
notice thereof to the Grantee.
:)ection 21.
If the Grantee is dissatisfied with
any determination of the Engineer made by him in pursuance of
authority granted to him in this ordiaance, it may petition
the legislative body of the City to review the same within ten
(10) days after such detel'nlina tion rendered by the Engineer
in writing. The decision of said legislative body thereon
shall be final and conclusive.
Section 22.
No transfer, assignment or lease, or
attempted transfer, assigrunent or lease, of this franchise, or
of any right, privilege or interest therein, to any person,
firm or corporation, shall have any force, effect or validity
wiless and until:
(a) The Grantee shall have duly executed a good
and sufficient instrument making such tl'ansfer, assigmment 01"
lease, and a certified copy thereof shall have been filed in
the office of the City Clerk;
(b) An ordinance of the City consenting to such
transfer, assignment or lease shall have been duly adopted and
become effective(such consent however not to be unreasonably
withheld if the transferee, assignee or lessee shall be a
responsible Public Utility Corporation;
(c) The transferee, assignee, or lessee shall
duly execute and file in the office of the City Clerk a good
and sufficient instrument accepting such transii'er, assignment
or lease, assuming all the obligations of the Grantee under this
franchise.
13.
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(d) The transferee, assignee or lessee shall
duly execute and file in the office of the City Clerk of the City
a good and sufficient instrument surrendering to the City all
franchises, rights and ;privileges, which the transferee,
assignee or lessee would. have been required to surrender under
the provisions hereof, if such transferee, assignee or lessee
had been the original Grantee hereof.
PROVIDED, HOWEVER, that the terms of the fore-
going clauses (a), (b), (c) and (d) of this section shall
not apply to any mortgage OD deed of trust made by the Grantee
(or made by any person, firm or corporation under a transfer,
assignment or lease made in full accordance withthe provisions
of this section), in good faith to secure an issue or issues
of bonds; (but the terms of said clauses (a), (c) and (d)
she,ll apply and the ter'ms of said Clause (b) shall not apply
to any buyer at a sale under any mortgage or deed of trust
hereafter executed).
Section 23. This franchise is not exclusive.
Section 24.
(a) The Grantee of this franchise
shall promptly upon the aceeptance of the same, instutute and
make effective the maintaining of an active customers' account-
ing ledger for the Verrlon area at its Vernon office, mailing
bills to customers in Vernon at the Vernon post office or deliv-
ering the bills from its Vernon office, having bills to custom-
ers in the Vernon area show the Vernon address on the face thereof
and h~wing the collectlon work in connection therewith handled
out of its Vernon office. This procedure may, however, be
modified with the consent of the City Council, (such consent
not to be unreasonably withIleld) at any time after five years
from the effective date hereof if, in the opinion of the Grantee
all or a.ny part of such procedure is impractical or unreasonable.
14.
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(1)) The said Grantee shall not at any
time discriminate again~lt the City in the heating quality of
gas sold by it in favor of any neighboring city.
Section 25. Each and every term and condition of
this franchise shall bind and be binding upon the successors
and assigns of the Grantee hereof.
Section 26.
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 such grantee
with a written statement of such expenses.
Section 27.
Within ten (10) days after the passage
and 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 thereof, and shall file a bond running to the City
with at least two good and sufficient sureties to be approved
by the Legislative body thereof,or by a corporate bond by a
bonding company authorized to do busi~ess in the State of Calif-
ornia, in a penal sum of One Thousand Dollars ($1000.00), con-
ditioned that the grantee shall well and truly abserve, fulfill
and perform each and every term and condition of this franchise,
and that in case of any breach of condition of said bond, the
whole amount of the penal sum therein named shall be taken
and deemed to be liquidated damages and shall be recoverable
from the principal and sureties upon said bond. Said bond
shall be filed with the legislative body of the City within
ten (10) days after the date of the granting of this franchise 1
and in case said bond shall not be so filed, or shall not receive
the approval of the legislative body, this franchise shall be
15.
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1 forfeite~ and any money paid to the City in connection therewith
2 shall likewise be forfeited.
3
Section 28.
There being no newspaper printed, pub-
4 lished and circulated in. the City of vernon, the City Clerk is
5 hereby directed to certify to the passage of this Ordinance and
6 shall pat same, or cause same to be posted, in three of the
7 most public places in the City of Vernon, to-wit: Northwest
8 corner of 38th street and Santa Fe Avenue, the Northwest corner
9 of 37th street and Santa Fe Avenue, and the Bulletin Board in
10 the lobby of the City Hall of the City of Vernon, located at
11 4305 Santa Fe Avenue, in said City; that this ordinance shall
12 be in full force and effect from and after the date of posting.
13 ADOPTED AND APPROVED this 18th day of March, 1947.
14
15 Mayor - City of Vernon
16 ATTEST:
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~1:
City Clerk
STATE OF CALIFORNIA )
: SS
COUNTY OF LOS ANGELES )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that the foregoing ordinance was duly and
regularly introduced at a meeting of the City Council of the
Ci ty of Vernon held on March 4, 1947 and thereafter fj_nally
adopted at a regular meeting of said City Council held on
March J.8, 1947, by the following vote:
AYES:
NOES:
ABSENT:
City Clerk
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16.