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HomeMy WebLinkAboutCC ORD 1931-607 Gas and Electric franchise (Not codified)56. 0! .INANCE NO. 607 An Ordinance granting to the SAN DIEGO CONSOLIDATED GAS & xLECTRIC COMPANY, a corporation, and to its successors and assigns, a Franchise and Authority to lay, construct, operate, maintain, use, repair, replace and/or remove gas pipo linen in all the public streets, alleys, highways and roads in the City of National City, for the purr,ose of carrying natural and/or artificial gas for heat and power, also to construct, operate, maintain, use, repair, replace and/or remove poles and wires for transmitting electricity for heat and power purposes along and upon all the public highways, stree'.s and roads in said City, for a term of fifth- (50) years, WHF.'r' .:5, the SAN I_ I :GO COU.SOLIDATED GAS & ELECTRIC CO..PANY, a corporation, on the 16th day of December, 1930, filed its application for a franchise and authority to lay, construct, operate, maintain, use, repair, replace and/or remove gas Pipe lines in so many, and in such parts of the public highways, streets and roads in the City of :tiational City as the said grantee of the right, privilege and franchise may elect, and using; such gas pipe lines for the purpose of transmitting, conveying, distributing and supplying natural and/or artificial gas to the public for light, heat and power, together with the right to trans - pipe port natural and/or artificial gas in and through subh/linos con- structed under said franchise, and also a franchise to erect, construct, operate, maintain, use, repair, replace, nd/or remove Doles and wires in so many, and in such parts of the public highways, stree,-::s and roads within the corporate limits of the City of National City as the sane may now exist or may hereafter be extended, as the f;:'antoo of said right, privilege and franchise may elect, and of using such electric poles anc. 'Axes for the purpose of transmitting, conveying, distributing 1. and supplying electricity and electric energy to the public for heat and power purposes, together with the right to transport and con':ey said electricity in and over any such electric lines constructed under said franchise, upon the terms and conditions set out in said application; and WHEREAS, the City Council of said City, by its Resolution No. 1618, determined and proposed to grant such franchise and authority as applied for in said application, together with a statement that it was proposed to grant the said franchise and authority as applied for, and that bids would be received therefor, and that it would be sold, struck off and awarded to the highest cash bidder therefor; and WHEREAS, said notice has been regularly and duly published and advertised as directed by said City Council and as required by law; and WHEREAS, the bond required to be given by the successful bidder, as set forth in the advertisement for bids, in the sur of One Thousand and NO/100 (0.000.00) Dollars, has been given and approved by said City Council;and VYHEREAS, full publication of said Notice has been completed, and not less than twenty (2G) daysnor more than (30) thirty days have elapsed since the completion of said publication; and WHERE:LS, on Tuesday, the 24th day of March, 1931, at the hour of 8:00 P.M. of that day, (being the day and date and time set by said Notice for the opening of all sealed bids for said franchise and authority), the sealed bid of the S:11 DIEG0 CONSOLIDATED GAS & ELECTRIC CO:'PANY, a corporation, ;:as, in 2. 5R. open session, opened and publicly declared, and there being no other sealed bids, or any oral or other bid made at the time of the opening of said sealed bids, or at all, and the said sealed bid of the SAN DIEGO CONSOLIDATED GAS & ELECTRIC COMPANY, being the highest cash bid for said franchise and authority, the same was, at said time and place so declared, and the said SAN '?If G-0 CONSOLIDATED EL , TEI . a-•:; (,:_., & _� LC.�r (, c.0..,���NY was then and there declared to be the highest bidder for said franchise and authority by the said City Council, and tho said franchise was then and there struck off, sold and awarded to the e N DIET o CONSOLIDATED G>S C.: ELECTRIC COMPANY; and WHERrAS, b;, resolution duly parsed and adopted by said City Council, on the 24th day of March, 1931, the said City Council accepted the said bid of the said AN DIEGO CONSOLTDATED GAS & ELECTRIC COPANY, and directed that: said S N DIEGO CO =:iOLIDATIM GAS & ELECTRIC COL.PANY be g;pantod the said franchis•:> and aut hority 11y proper ordinance of final grant of the same; and WHEREAS, all acts and things essential to the due, propel• and legal authorization of this final granting of said franchise and authority have been taken and done by the said City of National City and tho said CONSOLIDATED GAS & ELECTRIC COM ANY, grantee, and in due and proper time, form and manner; NOW, THEREFORE, the City Council of National City do ordain as follows: Section 1. - That the City of National City hereby grants to the S«N DIEGO CONSOLIDATED GAS & ELECTRIC COMPANY, a corporation, and 1.:s successors and assigns, the franchise and authority to lay, construct, operate, maintain, use, repair, replace and/or remove gas pipe lines in so many, and in such parts of the public highways, streets and roads of the City of 3. 59. National City, in the County of San Diego, State of California, as the said City of National City now exists or may hereafter be oxtonded, and of using such gas pipe lines for tho purpose of transmitting, conveying, distributing and suaaly;ng natural and/or artificial gas to the ;7ublic for light, heat and power, together with tho right to transport natural and/on artifical Gas .:.n anci through any such - _oe lines constructed under said franchise, and also the franchise and authority to erect, canstruct, operate, raintai-., use, repair, replace and/or remove poles any wires in so many, and in such parts of the public stroots and roads of said National City as tho sara now exist on nay hereaft r be extended, as the grantee of said right, privilege and franchise may elect, and of using such electric polos and wires for the purpose of trans*nittir_`;, conveying, distributing and supplying electricity and electric energy to the public for heat and power rposes, together v th the right to transport convey said electricity in arc. ovor any such electric lines constructed under said franchise for a 'eriod of time onc:ing on the 24th day of March, 1981. Section 2. - Work to lay and construct said gas pipes for the purpose of carrying natural and/or artificial gas for heat and power, and to erect poles, wires, conduits and pipos fog:° the Purpose of transmitting electricity for heat and power along or upon any public street, alley, highway or public place, and to exorcise any other privilege whatever under the tarns of this i.ranchise, shall be cortioncod in good faith in not more than foun (4) months from the granting of? t .is franchise, and if not so conurkeneed within said tine, said franchise so granted shall be declared forfeited; and said woe shall be prosecuted diligently and in good faith so as to meet and fill the reasonable needs of the inhabitants of the City of National City. 4. 30. Section 3. - The franchise granted by the terms and provisions of this ordinance is upon the following conditions and limitations: (a) The grantee of said franchise, its successors and aeeigns, shall file with the Clerk of the City of National City, during the fist fifteen days (15) of March of each year, from and after the first (15) days of 'arch of the year 1936, and duving the sane period of each successive year thereafter until the first fifteen (15) days of March, 1:.'fi1, a statement verified by the oath of said grantee, its successors or assigns, showing the total gross receipts arising from the use, operation or possession of said franchise for the ,preceding calendar year (or fraction thereof, for the first and last years, as the case may be,) and the said grantee, or its successors or assigns, shall thereupon pay, as a rental for that portion or those portions of the streets, highways, roads, alleys and public places exclusively occupied by tho grantee of this franchise, to the said City Clerk, for said City of National City, the agtregate sun of two per cent (2%) of the gross annual receipts as shown by said statement. The payment of said percentage of gross receipts by said grantee, or its successors or assigns, to the City of National City, shall begin five (5) years after the taking effect of the Ordlnanee granting this franchise; that is to say, no percentage shall be paid foe the five (5) years succeedin; the da,t.3 of the taking, effect of this Ordinance granting such franchise, but thereafter, such percentage shall be payable annually. 61. Any refusal by said grantee, its successors or assigns, to Nile said verified statement, or to pay said percentaGe of said gross annual receipts, as here- in'before provided, within tho time provided, shall constitute ground for forfeiture of this franchise and all rights granted thereby. The :ayor and City Council of the City of National City, may, after said statement is made, inspect and examine the 1:ooks of the Grantee of this franchise, or its successors or assigns, at its place of business, and nab cause the sane to be examined by an oxpert accountant, and may examine, under oath, any and all of its officers and agents for the purpose of ascertaining the gross annual receipts arising from the use, operation or possession of this franchise, (b) The grantee of this franchise,and its successors and assigns, shall have the richt to construct, maintain, oporate, renew, repair and/Or remove such traps, manholes, appliances any: attaohnents as may be necessary- to properly maintain gas pipes and service connections, toget,:er with conduits for transr itting electrieit: for haa:, ard power purposes, constrected under this franchise, anc_ saic. traps, r: znholes, appliances and attaci ,ien:s shall at all times be kept flush with the surface of the street and so located as ato conforn to any ond©r of the City Council in reGard tl,.oret°, and not to interfere with the use of the streets fore highway eurposes. :Alta ;_r<antee and i'.:s succoseo °s and assigns shall also lave the right, subject to such ro;ulations as ape no•.: or ma:- heneaS ter be enforced, to nake all necessary excavations in the said streets for tho co:astruetion and repair of said gas pine linos, conduits 6. 62. and service connections, and traps, manholes, appliances and attachments. ell pipe:, conduits, poles, service connections, tr-.ps, manholes, attachments ana appliances constructed o_' maintained under the provisions of this franchise tihe11 be cor.structed and r;aintainod in accordance and in conformity with all of the laws of the State of California, and such ordinances, rules and regulations no,; in for••o or hereafter adopted or ere - scribed by the City Council of the City of National City. The wore: of erecting, constructing, laying, repairing and eenoving all poles, pipes, conduits, service connections, traps, manholes, attachrionts and appliances shall be cond ctej with tho leaet possible hindrance to tie use of tho streets and hif hwaes, and as soon as the erecting,, constructing, laying, repairing and removing of said poles, pipes, conduits, service cor:noctions, traps, manholes, at:achrsen-s and aprliances is completed, all portions of the streets or high:ays which have been excavated or otherwise injured shall be placed in as good condition as the saran were in before the erecting, constructing, laying, repairing or remov- ing of any pole, pipe, conduit, service connection, trap, manhole, attach -Went or appliance and to the sa',isfaction of the City Council of the City of National City. (c) The right to grade, sewer, pave, macadamize, or otherwise improve or alter or repair the streets, highways and alloys in tho City of National City, or to change the grade teloreof, shall be reserved to the City of National City; such work to be done so as to Interfere as little as possible with the rights and privileges enjoyed be the grantee of this franchise, under the torsos and provisions thereof. 7. 63. The grantee, or its successors or assigns shall chance the location of the pipes and conduits or othar appliances, placed in the city stroets so as to eo' ply with any car., of o of crado of said streets or ha. h ray s ordered by the Cit:7 Council of said City, and shall naintain, and operate said pipes and conduits, at a'?.l times, in acco-'dance with tho ordinance and 1,.'"s of the Cite of National City relatin_ to tho government and control of the use of tho streets; and the c1. antee, its successors and assigns shall place all poles and a_^piia.nces for the su ort of said roles for carrying electric wires for trarsrittint; electricity for haat and newer on the streets, highway, a11e:7s and public i n said city tolittle n._are.> n .:a. c �o as interfere �s 1i �c.le as pcssiblc with.. the ordinary traffic on said str ots, hi"hwa7a and alleTs, any'. shall remove and relocate said poles and appliances so as to avoid any interference with traffic. The richit to place and replace poles and appliances for the nuroose of supportinz.; and carrying wires w_.1 conduits on tho stronts, alleys, h1 ;hwaya and public places of the City of National City shall be subject at all tines to the right of the City, in the exercise of its police power. All changes in the location of pipes, conduits or poles which may be required under the terms and provisions of this paragraph. shall be made at the expense of the Grantee or its successors or assigns. The Grantee, and its successor:+ and assigns shall waive and. any. all clair:s for danages a"ainst said City caused. by reason of any grading, cowering, paving, macadar+izinG, repairing any or otherwise irprovting, altering; or of said stre t's, highways or alloys. 6. 64. The grantee of this franchise, and its successors and assigns, shall have the right during the period for which this franchise is granted, to use .s>•. .d streets, esle;rs, hiChways and public places, as her-einabove stated, for tho ?,:urpose of operating and maintains.n agas pipes and conduits for carying, natural and/or- artificial gas for heat and power-, and poles, wires, conduits and pines for wires for tr ans- -itting electricit-.; for heat and power purposes. The sair. ;r°anteo shall not sell, transfer no:' a s5Crl this i rane:::iso, or tho '.'i; hts t'lnd 'privileges 6.1,nted th,,: oL r; f ;;h_out ':he consent 0.7 the ..ity Council. :ray ro__'us i or failure by said grunted, or its succe :sors o ssi.t:;ns, to co' .)17; A.th any of the turns and conditions of t;his a l-anchise shall constitute ground for forfeiture of said franchise, and all the rights granted hereunder. Should it ever be finally adjudicated by the Surr•eme Court of the State of California, or the Supreme Court of the United States of America, that the City of National City, or the Legislative body thereof, has no power or authority to require the crantee of this franchise, or any other person, firm or corporation operating pursuant to the terms and provisions of Stetton 19 of !article XI of the Constitution of the State of CaliCornie as it stood prior to the amendment neer°oved October 10, 1911, to apply for or take out a franchise for naintaininee;aa pipes and conduits for carrying gas for host a-c: flower, or poles, wires, conduits and pipes for wires for transmitting electricity for heat and power purposes, that then and in that event this franchise shall become null and void, and be of no further effect from the date of the rendering of said decree of said Supreme Court; and the grantee 9. 65. hereunder, then and in that event, shall be thereafter relieved of all obligations imposed by the torzns and conditions of this franchise, and partienlar17 of the obligation to ''ey to said City two per cent. (2; ) of the gross receipts arising from the use, operation and possession of this franchise; provided, ':owever, net in the ovent said City is held to be without newer or authority to require tho t;.d1ng out of this franchise; that said City shall bo under no obligation to return any of the moneys paid by the grantee of this franchise, or its successors or assigns, to the City of National City as a rental for that portion of the streets and highways exclusivelj occupied by said grantee, In the event that this franchise is for- feited for any reason, the grantee, or its successors or assigns shall thereafter remove all poles, pipes, conduits, appliances and equipment of every kind and character belonging to said grantee, from tho streets, highways and alleys of said City of National City, and put the streets, highways and alloys in as good condition as they were prior to ouch Seetion 4.- This ordinance and be in force on the thirty --first day from passage and approval. of Natior*,.1 i 'rodiatoly the same to of the :s.ri5. removal. shall take effect and aft it its Section 5.- That the City Clerk of the City Le, and he is hereb avt' orited and directed, after the approrrl of this ordinance, to cause be published once in the city official rewspaper City, to -wit: TI„". =I`JN<i , CTl'Y Ni��JL'� t.,, V a 10. 66. Passed, adopted, approved and ordered published by the City Council of the City of National City, California, this 7th day of r "Pi' , 1931, by the following vote, to -wit: AYES: Councilmen ac:aell, Req .a r 7-i rd, CCoburn, Cordin_j 1 —, , N�'•YS: Councilmen None. ABSENT: T:o.ay O. A. iu-ll.en Harold P. i:equa. Mayor of the City of -National City, Ca]. if orn is . City Clerk (6EAL) day of I hereby approve the foregoing ordinance this 7th , 1931. May k the tty of W �:` or o� the Ci o aona City, California. I hereby certify thatabove and a ..,�,r•�_f;1 the �.�,ov n� lor.,oint, is a full, true a:id correct co'-'7' of Ordinance :O. 607 of the Ordinances of the City of National City, California, as adopted by the City Council ofc said City, and a rr.roved- by the L:ayor of said City on tie 7th day of Aril, 1031; and the title of said Ordinance is as follows: An Ordinance r;rant7.nE to the SA:` DinGO CaNSOLT.1):."_'E) GAS & C i • COITA7Y, a corporation, and to its successors and assigns, a Fra_,c'ise and Authority to lay, construct, operate, na:i.ntaii, use, repair, replace and /or remove ras Lines in all tre public streets, alleys, 'aighways and roads in the City of National City, for t' e prr .: se of carry -ins natural anti/or _artificial `as for _.eat and power, alsc to construct, operate, r:ai:-itain, use, repair, replace and/or ro iovo poles and wires for transmittin.r; eleTctsc-it'r for .':?oat and Power .;u3-oose s r.l_orz and anonl.? t':5 public .highways, streets and roads in said City, for 'a ter?- of fifty (50) years; and said Ordinance was nubl. is.:-'ed once in a regular issue of The rational City 11. 7^7s, as required by law. City Clerk of the City of 17at tuna_ City, C al.. L.= orr.i .