Ordinance No. 1008
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ORDINANCE NO. 1008
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING THE CODE OF THE CITY OF VERNON,
CALIFORNIA 1959 BY ADDING NEW CHAPTER lOA RELATING
TO GAS FRANCHISES
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WHEREAS, by approving the City Charter on April 12, 1988,
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the electorate of the City of Vernon (hereinafter "City"), through
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sections 2.1 and 8.9 of said Charter, signaled their intention to
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have the granting of franchises and the conditions, restrictions and
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limitations of franchises treated as ~unicipal affairs; and
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WHEREAS, the city council considers the granting of any gas
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franchises and the conditions, restrictions and limitations of such
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gas franchises to be important matters which should be addressed by
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1959
(hereinafter
California
the city of Vernon,
the Code of
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"Code"); and
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WHEREAS, the City Council desires to amend the Code by
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adding a separate chapter which states the requirements for gas
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franchises.
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THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS
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FOLLOWS:
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SECTION 1: The city Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: Chapter lOA hereby is added to the Code, and
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said Chapter lOA shall read as follows:
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CHAPTER lOA
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Sec. 10A.1 Gas Franchises A Municipal Affair.
A. The City, having heretofore (by the adoption of section
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2.1 of its Charter) elected to take advantage of the provisions of
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the 1914 amendment to section 6 of Article XI of the Constitution of
1 the state of California, giving cities home rule as to municipal
2 affairs, and the granting of franchises of the character hereinafter
3 referred to being within the classification "municipal affairs,"
4 hereby declares that the following sections, together with the
5 provisions of said Charter, shall constitute the exclusive procedure
6 applicable to the granting of gas franchises by the City.
7 B. Pursuant to the provisions of sections 2.1 and 8.9 of
8 its Charter, the city hereby elects to have the granting of gas
9 franchises governed by this chapter, and any ordinances amendatory
10 thereof, together with the applicable provisions of its Charter,
II instead of by general laws of the state.
l2 Sec. 10A.2 City Council Power to Grant Franchise.
l3 The City council is hereby empowered to grant a franchise
l4 to any person, whether operating under any existing franchise or
l5 not, to lay or use pipes or appurtenances for transmitting and
l6 distributing gas for any purpose across or under the public streets,
l7 as the same now or may hereafter exist within the City, upon terms
l8 as are provided in the applicable provisions of the Charter, and may
19 in such franchise impose other additional terms not in conflict with
20 said Charter or this chapter, whether governmental or contractual in
2l character, as in the judgment of the City Council are in the public
22 interest. In determining whether any such terms are in the public
23 interest, the city Council shall consider the prevalent industrial
24 uses within the City.
25 Sec. 10A.3 Application for Franchise Information Required.
26 An applicant for any franchise mentioned above shall file
27 with the city Council a verified application which shall state:
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A. The name of the applicant;
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B. The purpose and term of years (not to exceed ten (10)
3 years) for which the franchise shall be desired;
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C.
The fees or charges applicant, if granted the gas
5 franchise, proposes to pay to the City during the life of such
6 franchise; and
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D. A statement that the applicant agrees to the terms or
8 conditions stated by sections 10A.6 through 10A.9 below.
9 Sec. lOA."
Notice of Resolution of Intention to Grant Franchise.
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Upon receipt of said application, the city Council may pass
II its resolution declaring its intention to grant the franchise
l2 applied for, stating the character of the same, setting forth a
l3 notice of the day, hour and place when and where any and all persons
l4 having any objection to the granting thereof may appear before the
l5 City Council and be heard thereon, and directing the City Clerk to
l6 publish said notice at least twice, within five days after the
l7 passage of the resolution, in a newspaper of general circulation
l8 within the city.
The time fixed for such hearing shall be not less
19 than ten days nor more than twenty-five (25) days after the date of
20 the adoption of said resolution. Said notice shall state the fees
2l or charges specified in the application, that the grantee of said
22 franchise and its successors and assigns will, during the life of
23 said franchise, pay to the City. Said notice shall also designate
24 the term of years for which the franchise is proposed to be granted.
25 Sec. 10A.S
Conditions for Granting of Franchise
Protests
Filing of
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A. At any time not later than the hour set for the hearing
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of objections, any person interested may make written protest
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1 stating objections against the granting of such franchise. such
2 protest must be signed by the protestant and be delivered to the
3 City Clerk. At the time set for hearing objections, the City
4 Council shall proceed to hear and pass upon all protests so made,
5 and its decision shall be final and conclusive. The City Council
6 may adjourn said hearing from time to time.
7 B. If no protest in writing shall have been delivered to
8 the City Clerk up to the hour set for hearing, or such protests as
9 shall have been filed shall have been heard and determined by the
lO City Council to be insufficient, or shall have been overruled or
II denied, the City Council may adopt an ordinance granting such
l2 franchise upon the terms provided in the application or upon such
13 other terms and conditions as it deems to be in the public interest.
l4 Sec. 10A.6 Rights Conferred by Franchise - Limitations _ Term.
l5 A. Every gas franchise granted pursuant hereto shall
16 confer upon the grantee the right to lay or use gas pipes or
l7 appurtenances for the purpose of transmitting and distributing gas
l8 for such purposes provided in such franchise across or under the
19 public streets as the same now or may hereafter exist within the
20 City. In conducting operations under such franchise, each grantee
21 shall recognize and accommodate the basic industrial character of
22 uses within the City.
23 B. Such rights shall not include the right to occupy any
24 park, playground, school property or other municipal property
25 (exclusive of public thoroughfares), unless a special permit
26 therefor shall be granted by the City Council.
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1 C. No franchise shall be effective beyond a term of ten
2 ( 10) years.
3 D. Every gas franchise shall be non-exclusive.
4 Sec. 10A.7 written Acceptance Required.
5 No franchise granted shall become effective until written
6 acceptance shall have been filed by the grantee with the City Clerk.
7 Sec. 10A.8 Eminent Domain Not Affected.
8 No franchise granted pursuant to this chapter shall in any
9 way affect the right of the City during the term of such franchise
10 to acquire the property of the grantee, ei ther by purchase or
II through the exercise of the right of eminent domain, and nothing
l2 therein contained shall be construed to contract away or to modify
l3 or to abridge either for a term or in perpetuity the City's right of
l4 eminent domain in respect to any public utility. Every franchise
l5 shall provide that upon termination the City may acquire the
l6 property of the grantee by paying an amount which equals the
l7 original cost of such property less depreciation.
l8 The franchise itself shall never be given any value before
19 any court or other public authority in any proceeding of any
20 character in excess of the cost to the grantee of the necessary
2l publication and any other sum paid by the grantee to the City at the
22 time the franchise was granted.
23 Sec. 10A.9 Duties of Grantee.
24 The grantee of any franchise shall:
25 A. Construct, install and maintain all pipes and
26 appurtenances in accordance with all of the lawful ordinances and
27 regulations adopted by the City Council in the exercise of its
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I police powers, and, as to state highways, subject to the provisions
2 of general laws relating to the location and maintenance of such
3 facilities therein;
4 B. Pay to the City on demand the cost of all repairs to
5 public property made necessary by any of the operations of the
6 grantee;
7 C. Indemnify and hold harmless the City, its officers and
8 employees from any liability for damages proximately resulting from
9 any operations under such franchise;
lO D. Remove or relocate, without expense to the city, any
II facilities installed under the franchise when made necessary by any
l2 lawful change of grade, alignment or width or any public street,
13 including the construction for the city of any subway, viaduct or
l4 any other lawful public work of governmental character;
l5 E. Keep its accounts in such form as to enable the City to
l6 readily ascertain and check the amounts due it pursuant to the
l7 requirements of any franchise granted; provided, that nothing herein
l8 contained shall be deemed to require noncompliance with the
19 provisions of the Public utilities Act of the state, or of the
20 lawful orders of the California Public utilities Commission;
21 F. Provide all services to customers within the City at
22 non-discriminatory rates, terms and conditions;
23 G. Provide all services at rates, terms and conditions
24 which do not discriminate in the aggregate against all customers
25 within the City, in favor of all customers within any other city;
26 and
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I H. Petition the City Council to review any determination
2 by City staff regarding the franchise, in the event that the grantee
3 disputes any such determination, as a necessary prerequisite to
4 judicial review.
5 Sec. 10A.l0 city council Discretion - Scope.
6 A. Nothing in this chapter shall make it mandatory for the
7 City Council to authorize notice of the proposed granting of a
8 franchise unless the City council deems that the public interest
9 requires such granting.
lO B. In any case, the City council may consider applicant's
II ability to carry out its proposal, its financial and business
12 standing, experience, and any other pertinent factors.
l3 C. The city Council may require the grantee of any
l4 franchise to provide such bond andlor other security as it deems in
15 the public interest.
l6 Sec. 10A.ll publication Expenses.
l7 The grantee shall pay to the city a sum of money sufficient
l8 to reimburse the City for all publication expenses incurred by it in
19 connection with the granting of such franchise; such paYment to be
20 made within thirty ( 30) days after the City shall furnish such
21 grantee with a written statement of such expenses. The City may
22 require the deposit in advance of a sufficient sum to cover such
23 expense.
24 Sec. 10A.12 Noncompliance - Franchise Forfeiture Conditions.
25 A. If the grantee of any franchise shall fail, neglect or
26 refuse to comply with any of the provisions prescribed in this
27 chapter, and shall not within ten (10) days after written demand for
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1 compliance begin the work of compliance, or after such beginning,
2 shall not prosecute the same with due diligence to completion, then
3 the city, by its city Council, may declare the franchise forfeited.
4 B. The City may sue in its own name in the manner provided
5 by law for the forfeiture of any franchise granted pursuant to this
6 chapter in the event of noncompliance by the grantee, its successors
7 or assigns with any of the conditions thereof.
8 SECTION 3: If any section, subsection, sentence, clause,
9 or phrase or word of this ordinance is for any reason held to be
lO void or unconstitutional, such decision shall not affect the
II validity of the remaining portions of this ordinance; it being the
l2 intention of the City Council of the City of Vernon to adopt and
13 pass this ordinance and each section, subsection, sentence, clause
l4 or phrase thereof may be declared void or unconstitutional.
l5 SECTION 4: Any ordinance, part of an ordinance, or code
l6 section in conflict with this Ordinance is hereby repealed.
l7 SECTION 5: There being no newspaper printed, published or
l8 circulated in the city of Vernon, the City Clerk is hereby directed
19 to certify to the passage of this ordinance and shall post the same,
20 or cause the same to be posted, within fifteen (15) days after its
2l passage in accordance with section 36933 of the Government Code, in
22 three (3) of the most public places in the City of Vernon, to wit:
23 the northwest corner of 38th street and Santa Fe Avenue, the
24 northeast corner of Leonis Boulevard and Pacific Boulevard, and on
25 the bulletin board in the lobby of the City Hall of said city,
26 located at 4305 Santa Fe Avenue, all in the City of Vernon, County
27 of Los Angeles, State of California.
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SECTION 6 :
This ordinance shall be in full force and
2 effect thirty (30) days from and after its passage of the same.
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7 ATTEST:
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BRUCE v.
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APPROVED AND ADOPTED this ~ day of August
, 1992.
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..- ~EONIS C. MA URG, Ma or
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Ordinance, being Ordinance No.
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1008, was duly and regularly introduced at a regular meeting of the
City Council of the City of Vernon, held on Tuesday, August 4, 1992,
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and thereafter finally adopted at a regular meeting of said City
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Council held on Tuesday,
August 18 ,.1992, and thereafter was duly
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signed by the Mayor of the City of Vernon, by the following vote:
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Councilmen: Malburg, Ybarra, Davis
McCormick, Gonzales
AYES:
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NOES:
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Councilmen: None
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15 ABSENT: 0
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l8 ( SEAL)
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counCilm~~
B~. MALKENHORST , City Clerk
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF VERNON
I, GLORIA J. OROSCO, CHIEF DEPUTY CITY CLERK of the
City of Vernon, do hereby certify that I did, on the 20th day of
August, 1992 have posted three (3) copies of:
ORDINANCE NO. 1008 OF THE CITY OF VERNON
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin
board in the lobby of the City Hall of the City of Vernon,
located at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the
city of Vernon.
Date: August 20, 1992
Subscribed and sworn to before me
this "'a.o~day of ~4\."9.lv..~,>+ , 1992.
c--,i-'" /0' r ,IF'
,~C\..'~:'-"'" ~~<~<,~i0-.l...'L~
Notary Public in and for the County
of Los Angeles, State of California
:pstngafd
0fAC&Al SEAL
~ L 0UCKW0Imt
':l:l&~
~ e-,,,, bU n &pires
U. t. 1995