HomeMy WebLinkAboutSan Diego Gas and Electric SDG&E FranchisepItI.IiQ.:NCTs NO. 607
An Ordinance grantin6 to the CAN DIEGO CONSOLIDATED
OAS h ELECT = COL!?ANY, a corporation, and to its successors
and assigna, a Franchise and Authority to lay, construct, operate,
maintain, use, repair, replace and/or remove has pipe linen in all
the public streets, alleys, highways and roads in the Cit;r of
National Cit7, for the parnose of carrying natural and/or artificial
Sax for heat and power, also to construct, operate, maintain, use,
repair, replace and/or remove poles and wires for trunamitting
electricit7 for heat and power purposes along and upon all the
public highways, stye-'s and roads in said City, for a tarn of
fift;- (50) years,
',YHEE'. ":;3, the S lF 1 IL00 COV-:.OLMATFD GVt & ELECTRIC
CO.2ANY, u corporation, on the 16th day of December, 1930, filed
Its application for a franchi9:; 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 h1j:hways,
streets and roads in the City of 7,ational City as the said grantee
of the r1rht, privilege rand franchise may elect, and usin,, such
gas pipe lines for the purpose of transmitting, oonveyinj;,
distributing and supplying natural and/or artifioial cas to the
public for light, heat and power, together with the rielit to trane-
�Lp
port natural and/or artificial gas in and through subh/lines con-
structed under said franchise, and also a franchise to erect,
construct, operate, maintain, use, repair, replace, find/or remove
roles and wires in so many, and in such Darts of tlio public
highways, stroe<:s and roads within the corporate limits of
the City of National City as the same may now exist ov Hwy
hereafter be extended, as the E;rantoo of s,id riE,ht, privilego
and franchise may elect, and of usini; such oleetvic poles
anc ;,Area for the u prpose of transmitting;, conveyini;, distributing
1.
J" .
and supplying electricity and electric energy to the public for
heat and power purposes, together with the right to transport
and eon,:ey said electricity in and over any such oloctric lines
constructed under said franchise, upon the terms -.nd 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 saiu application, togethor 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 hiEhest cash bidder therefor; and
WHEREI*160 said notice has been regularly and duly
published and advertised as directed by said City Council and
as required by law; and
WILIU(BAS, the bond required to be given by the successful
bidder, as set forth in the advertisement for bids, in the
aura of one Thousand and NO/100 01000.00) Dollars, has Doan
given and approved by said City Council;arid
ti1MBLAS, full publication of said Notice has been
cor„pleted, and not less than twenty (2G) days, nor more
than (SO) thirty days have elapsed since the c6rpletion of
said publication; and
W MRE:wS, on Tuesday, the 24th day of IQarch, 1931, at
the hour of 8:00 P.r. of that day, (being the day and date and
time not by said Notice for the opening of all sealed bids for
said franchise and authority), the sealed bid of the 5 J. DIEGO
CONSOLIDA-ILM GAS & ELLCTRIC CO 'PANY, a corporation, -mis, in
2.
5R.
open session, opened and publicly declared, and there being
no other sealed bide, or any oral or other bid made ac the
time of the openixW, of said sealed bide, or at all, and the said
sealed bid of the SAN I-L'i00 CONSOLIA-:TID OAS & i7L?CTRIC C0MPANY,
being the highest cash bid for said franchise and authority,
the srimo was, at said time and place so declared, ana the shid
5.%N '.:I'.;f 0 CONSOT,IDAThD 0.;:`. f: liJECTRIC CO1.11ANY Was then and
there declared to be the hi&.est bidder for said franchise
and authority by the said City Council, and the said franchise
was then and t1wro struck off, sold and awarded to the
n N nIRP0 CONSOLIDA M, C'>S £< ELECTRIC COKFANY; and
t:^.i19RriAS, by resolution duly passed and adoptod by
said City Council, on the 24th day of March, 1931, the said
City Council accepted the said bid of the said Sittj llI_:GO
CON30LIDA D GAS & PL-rCT?;IC CO�iFhNY, and directod that, said
S.N DIEGO COii:10LVA^tl-2) 0AS 3 hLRCTFIC M'P&WY be j;_•antod the
said frar.chis,: and aut�:ority ly proper ordinance of final
grant of the same; and
WMF.EAS, all acts and things essential to the due,
proper and legal authorisation of this final granting of said
franchise and authority have been taken and done by the said
City of National City and the said CONSOLIDATED GAS Fz T•TiCTRIC
COY -ANY, grantee, and in due and proper time, form and manner;
NON, '1'IWWORR, the City Council of National City do
ordain as follows:
Section 1. - That the City of National City horaby
grants to the S:,;T DIEGO CONSOLIDATED GAS It !-,L:;CTRIC COI„PATTY,
a corporation,, and 1-9 successors and assigns, the franchise
and authority to lay, construct, operate, maintain, use, repair,
replace and/or remora gaa pi,�e linos in so many, and in such
parts of the public hichwaya, str-jots and roads of the City of
3.
JV.
National City, in the County of San Diego, State of California,
as the said City of National City now exists or nay hereafter
be oxtonded, and of usinL such gas pipe lines fog- tho ;wpose
of trananitting, conveyin3, distributing and su-:plying natural
and/or artificial gas to the :7ublic for ?.fight, heat rnd power,
together with the right to transport natural and/or artifical
E,aa in and throu,;h any such p ug lines constructed under said
franchise, and also the franchise and authority to erect,
construct, operate, nsintain, use, repair, replace and/or remove
poles and wires in so many, me in such parts o: the public
streets and roads of said National City as the sa» now exist
or ray hereaft-u• be-I:xtended, as the i;rmntee of said right,
p_dvile,,e and franchiso may elect, and of using such electric
polos and wires for the purpose of transaittir:;;, conveying,
distributing and supplying electricity and electric energy to
the public for heat and power purposes, together With the
ri(it to transport _nc conve•l said electricity in arc ovor
any suca electric lines constructed under said frareaise
for a _,eriod of tine on(AnG on the 24th day of Nnrch, 1981.
Section 2. - fork 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 exercise any other privilege whatever
under tho t !rma of this i rasiehise, a.iall be eomionced in good
faith i_: not more than four (4) montha from the Lranting of!
1
t1iis franchise, and if not so commenced within said tine,
said ;'vanchise so granted stall be doclared forfeitsd; and
said wor:: shall be prosecuted diligently and In E;ood faith eo `
as to meet and fill the reasonable needs o.. the inhabitants
of the City of National City.
4.
:0.
Section 3. - The franchise granted by the terns and
provisions of this ordinance is upon the followin;; conditions
and limitations:
(a) The Lrantee of said franch=so, i.ta
successors and assiLms, shall file xith the Cler;< of
tro City of National City, durinf, the fi_•st fifteen
says (15) of 1.arc`: of each year, 2'ron and after the
first (15) days of ".arch of the year 193G, and du:•irg
the sane period of each successive year thereafter
until the first fifteen (15) days of }'arch, IM1, a
statement verified by tha oath of said g;ariteo, its
successors or assigns, showing the total &ross receipts
arising Trott the use, operation or possession of said
franchise for trc precedinG calendar year (or fraction
thereof, for the first and last years, as tho case Leap
be,) and the said grantee, or its successors or assigns.
shall thereupon pay, as a rental for that portion or
those portions or the streets, highways, roads, alleys
and public places oaclusively occupied by tho grantee
of this fra:,chiss, to the said City Clerk, for said
City of Rational City, the aggregate sari 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 Ordinance
£ranting this franchise; that is to say, no percentage
shall be paid for the five (5) years suecooding tiie
data of the taking offact of this Ordinanoe granting
such franchise, but thereafter, such percentage small be
payable annually.
8.
61.
Any refusal by said grantee, its successors
or aeaigns, to file said verified statement, or to pay
said peresntzq;o of Said gross annual receipts, as here-
inbeforo provided, within the time provided, shall
constitute &round for forfeiture of tis f: anchiso and
all ririts granted thereby.
The :.!ayor and City Council of the City of
National City, may, after said statement is r1.ade, inspect
end examine the 1•ool:s of the grantee of this frar►ehice,
or its sucOe.78ors o=• assirAs, at its place of business,
snO na;: cause the sano to be examined by an export
accountant, and rmy examine, candor oath, an, and all of
its officers anc. aLonts for the purpose of ascertcininr;
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 right to construct,
naintain, operate, renew, repair and/or remove such
traps, manholes, appliances am attachments as ray be
neoessar; to properly =ain-.ain gas pipes and service
connectio:%s, toget;,er rith- conduits for transmitting
electricity for lien and power purposes, constructed
u:%der this franchise, ant- sr -id traps, nanholes, appliances
and attaeLaen';s sl =11 at all times be kont flush Ath the
surface of the etroetand so located as I.c conform to any
order of the City ;cuncil in re, -,aid bY.orotc, and not
to interfere wit:i Vie use of the s tree: s fo: highway
^urposes, 6aic ;;rantee and V's successo;�s and assigns
eholl also :-ova the right, snbject to such re,-ulations
as a3•a no,.-; or na hereafter be enforced, to naive all
necoseary excavations in the said stroets for the
construction and re_oair of said Cis pine lines, conduits
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62 .
and service connections, and traps, manholes, appliances
and attachments. t.11 pipes, conduits, poles, service
corrections, traepe, manholes, attachments and appliances
eonstructod or maintained under the provisio-s of this
franchise shall be constructed and naintained in
accordance and in conformity with all of the lays of the
:,Late of California, and micl. ordinances, rules and
reC.t1atior.3 now it- for7o or hereaft.r: adopted or 7re..
scrit-ed by the Cit-.: Council of tho City of National City.
The wort: of erectirr, constructing, laying,
repairinL aird :vraovinr all poles, pipes, conduits,
service connections, traps, manholes, attachmonts and
appliances shall be conduct3• with tho leant possible
hindrance to tl,e use o` the stroet3 mid hij liwa-rs, and
as soon as the ereet•ini,, constructirr, la,inC, ro .airing
and removinC of said poles, pipes, conduits, service
oo-noctions, traps, manholes, attachments and appliances
Is completed, all porti3ne of the streets of hiiir.;a�s
which have been excavated or othervri3o Injured shall be
placed in as good condition as the same yore in before
the ereetinr, constructing, laying, repairin& or romov_
ine of any pole, ripe, conduit, service connection,
trap, manhole, attaehr+ent or appliance and to the
sa�,isfactio n of the City— Council of the Cit;,- o^ iational
City.
(c) Mie right to grade, sewer, nave, macadanize,
or otherwise improve or altar or repair the streets,
highways and alloys In. the Uity of National. City, or to
change the grade t'-ioreof, shall be reserved to the City
of National City; s•ach work to be done so as toInterfere
as little as possible :with the rights and privilogen
enjoyed b-- the g,•antee of this franchise, under ti,e tortss
and provi3ions thereof.
7.
c.3
The grantee, or its successors or assigns
shall ohanre the location of the pipes -nd conduits
or other appliances, placed in the city streets so as
to co p17 with an W,n-ro of -rude of said stroots or
h'.Shvacs ordared b7 the, ^it;- Council of saic. City, and
chnll naintain, and operate said pipes and conduits, at
a)). times, in aeoa.^danco .Ath the ordinance and 1.9 a
of tho City of t'ationa) Cit,r ..^olntin,^ to the government
and control of tho rse of the streets; and tho C, artee,
its successors and nssl.,7ns shall olaoo all holes and
a..^pilanoRP fo_' the WIP711rt Of said ^oles for carrying
nlectrie wires for trar.srittint; eloctrioitr for .i,at
and oower on t1_9 atr"eta, highway, A118"3 end nublie
nlacos 1n calf' tit.•.' so as to intorfea•e ::s little as
r.^ssiblc wi tl� the ordirsr;- traffic on said str ots,
hit Ilwa,"a and cello 7s, !+nr" shul? ; emovo and r elocato said
poles ant ap_lianceo so as to avoid an7 interference
with traffic. Tho right to place and rep)soe poles
and a_r>liances for the nurpoao of supportint; and
carrying Ares sr.6 conduits on th,, stro its, allo7o,
highways and public places of the City or National City
shall be subject at all time to the right of the City,
in the exercise of Its police power.
All changes In the location of Pipes, conduits
or poles which nay be reouired under the terms and
provisions of this paiagraph shrill be mdo at the
expense of the Grantn^ or its successors or aosir;ns.
,he Lrfmtee, and its succeasor- crd assiC.ne
shall waive and any'. call clairm fo_• da:-Aj:7�s aCmirst sKid
Cit- caused by reason of any grading, acaorini_;, paving,
macadasizin.;, or otherclso i-proving. altorinr. or
repairing any of said stre to, hl&ma;;s or slle;rs.
a.
64.
The grantee of this franchise, and its
sucosseors and assibms, shall have the right during
the :,eriod for -which this franchise is granted, to use
s ,{r.; streets, elleys, hiGh"ys and public places, as
hereinabove stated, l'or• tho :urpose of operati::r; and
mair_tainin� ages pipes and conduits for cs:rying
nataral and/or- ta-tificial Las for host and pov:ar, and
;roles, Hires, conduits and pines for wires fo:- tians-
::ittini electricit•-. for heat anca power purposes.
sair. rrnrteo shall not sell, tr•ansfov
nor aazs fir: thi:.: frano :iso, or tho ^i; Jci;s t rx: privileges
'. he consent a" the City Council.
>,n-/ ro'_'us"! o_^ failure by said bran,tee, or its
suede :eors or :,ssir�nn, to co, qjl-; •_fith nn of the tone
and conditions of this f:a-chise shall constitute
ryound for forfolturo of said franchisn arc: all the
rights granted horoundnr.
Should it ever be finaI17 adjudicatod by the
Si:nreme Court of tho :ante of California, or the
Supreme Court of the United States of America, that the
City of National Cit;r, or the legislative body thereof,
has no power or aut}:ority to require tho -:rantee of this
franohise, or an;/ other Pnraon, firm or corporation
operating pursuant to the terms and provisions of
section 19 of Article X1 of the Constitution of the
State of Cali^or•nie as it stood prior to t1�.e amendment
aniroved October 10, 1911, to apply for, or take out a
f_rone'-Ase for rsintainin;• e%a pipes and conduits for
carrvin;; gas for host arc: raver, or poles, wires,
conduits and pip9s for wires for transmitting electricity
for Pout 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 tarns and
conditions of this franchise, znd !iarticiz1arl7 of the
obli_r�&tion to pey to said City two per cent. (2;;)
of the gross receipts arising from the use, operation
and possession of this franchise; provided, ''iouaver,
teat in tlee event said City is held to bo �At'.zout
nowor or authority to require t!7e t:kine out of this
fi•_nchise; that said City shall be under no obligation
to return any of the moneys -laid by the r,•rmteo of
t'iis franchise, or its succossors or assigrts, to the
City of National City as a rental for that ^ortior
of the streets and hiGIn a7s exclusively occupied by
said grantee,
in the event that this franchise is for -
felted fo7- awj ronson, the rantoe, or its saccossors
or assigns shall thereafter remove all poles, aipos,
conduits, upoliances and equipment of every rind and
character belonging to said grantee, from tho streets,
h146hways and alleys of said City of National City,
and put the streets, highways and alloys in as good
condition as ':hey were prior to ouch removal.
Section i.- This ordinance shall take effect
and be in force on the thirty-first day from and after its
passage and approval.
Section 5.- That t`_O Cit, Clerk of the City
of 4latiorul City, Le, and '_•.3 im hereb;; sv.t'^orized are directed,
i=ediatoly aft-jr the nrprorrl o£ this ordinance, to ca'_iso
tho nano to be !rablial'ed once in the Aty official re:vspaper
of the ant.:'. City, to -wit: Tli:: C?T" Ns'•?S.
10.
he.
sassed, adopted, approved and ordered published
by the City Council of the City of National City, California,
this 7t=' day of A7rai _, 1931, by the folloninE vote,
to -sit:
A]�Es: Councilmen �i ci, Coburn, Cordin„ _.
Regaa
._�
N,•_YS: Councilman None.
ABSENT: _ J'.i_o314_._
_Iarold P. Requa
yor of Cho City o a ona_ y,
California.
+.T^.;tL,T:
O. A. :iil.t.en
city'Clerk
(b3AL)
I hereby approve the foregoing ordinance this 7tr
day of Ar.ri? , 1931.
y6ey= pi bh n.TCity.
California.
I i-•.ercby cortify t—at t'ic ,.hove and forcroin, is a
full, true a"a correct coup of Ce•C i-^.s-:CB ::o. 607 of the Ordi-ancec
of the City of 'rational City, C,--lifornla, as adopted by the City
Council of sp-id city, a'd r_r.^rover. by tthi ' kafor of :'aid City On
tine 7`'r da^ of = aril, 1-31; and the title of paid Ordinance is
as fol-o•.:s: Ar_ ordinance CrantinE; to the SA! DII;' 0 C"'.:30LIDA"1)
0-.i; & '.._. �i•._C n.,,, a cornett -tier., ana ,,o its succe.3ers
and a3si,,,ns, a Frar-crisc and :ut o•tty to lay, construct, operate.,
raj.rtain_, Use, repair, replace and for rowove =tt'a ':1n.^ 'inev in a]"
ti'.e r:u!>_ic stveots, al'_eys, ']i=_'hirr-? aY1G _'Oa:'.3 in the .+ity of
ilatio r_l wit-•, for tie -vx c.•se of ear^^irt7 natural_ anu/or artificial.
Fas for _:Bat anc. Dower, n1sc to corstruct, OJeratc, r.almta{n, use,
rc_air, re?lace ar. /or rcnovc poles ar6 :rip^,s for transritti.rr
electricit•r for _:cat ant po•4•3r :I•t•opse3 G7.Or•c, and anon :a' t'.•.a
public ' i�:nva^s, stroots Pr.6 rouQa in :mld City, for 1 tern of
flft-r (50) ^star and said Orsinanco -w! .aibli3..ad ]. once in s re,r:ar
issue of llational Oit;r 11. '.o:;a, ss regizb ir d ,-' la.
J
::1t io:lr__ Cit-, �•tl t f o.rr a n ,
01,DINANCE No. ----
ORDINANCE OF THE CITY OF NATIONAL CITY GRANTING
TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS'
AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN,
AND USE POLES, WIRES, CONDUITS AND APPURTENANCES,
INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER
FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE
PUBLIC FOR ANY AND ALL PURPOSES IN,'ALONG, ACROSS, UPON,
UNDER AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE
CITY OF NATIONAL CITY
BE IT ORDAINED, by the Council of the City of National
City as follows:
Section 1. DEFINITIONS.
Whenever in this ordinance the words or phrases herein-
after in this section defined are used, they shall have the
respective meanings assigned to them in the following definitions:
(a) The word "Grantee" shall mean San Diego Gas &
Electric Company, its lawful successors and assigns;
(b) The word "city" shall mean the City of National
City a municipal corporation of the State of California,
in its present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form;
(c) The word "streets" shall mean the public freeways,
highways, streets, ways,.alleys'and places as the same now
or may hereafter exist within the City;
(d) The phrase "poles, wires, conduits and appurt-
enances" shall mean poles, towers, supports, wires, conductors,
cables, guys, stubs, platforms, crossarms, braces, trans-
formers, insulators, conduits, ducts, vaults, manholes,
meters, cutouts, switches, communication circuits, appliances,
attachments, appurtenances and, without limitation to the
foregoing, any other property located or to be located in,
upon, along, across, under, or over the streets of the City
and used or useful in transmitting or distributing electricity,
sometimes otherwise referred to as "facilities";
(e) The phrase "construct, maintain and use" shall
mean to construct, erect, install, operate, maintain, use,
repair, relocate .or replace poles, wires, conduits and
appurtenances thereto in, upon, along, across, under or
over the streets of the City;
(f) The phrase "gross receipts" shall mean all gross
operating revenues received by Grantee from the sale of
electricity to Grantee's customers with points of service
within the corporate limits of the City (including, but not
limited to, sales of military reservations with points of
service within the City's corporate limits) which are credited
in Account Nos. 440, 442, 444, 445 and 446 of the current
Uniform System of Accounts of the Federal Power Commission
as adopted by the California Public Utilities Commission or
similar superseding accounts, less uncollectible amounts and
less any refunds or rebates made by Grantee to such customers
pursuant to California Public Utilities Commission orders or
decisions.
(g) The phrase "allocation ratio" shall, unless and
until otherwise modified by the California Public Utilities
Commission, mean a numerical ratio determined by the proportion
which the number of Grantee's electric customers in the City
bears to all of Grantee's electric customers throughout its
entire electric service territory.
Section 2. PURPOSE.
The franchise to construct, maintain and use poles, wires,
conduits and appurtenances, including communication circuits,
necessary or proper for transmitting and distributing
electricity to the public for any and all purposes, in, along,
across, upon, under, and over the public streets, ways and
places within said city is hereby granted to San Diego Gas
& Electric Company, its successors and assigns.
Section 3. TERM.
Said franchise shall be indeterminate, that is to say,
said franchise shall endure in full force and effect until
the same shall, with the consent of the Public Utilities
Commission of the State of California, be voluntarily
surrendered or abandoned by the grantee, or until the State
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 said
franchise or until said franchise shall be forfeited for non-
compliance with its terms by the grantee.
In the event, during the life of this franchise, the
electors of City adopt a Freeholders Charter governing
said City, then the City may, by giving notice to the Grantee,
open negotiations with Grantee to modify the franchise fee
provided for in Section 4 of this agreement. If the City
and Grantee fail to agree ou a new franchise fee within one .
year after beginning said negotiations, this franchise shall
expire; provided, however, that all of the terms of this
agreement, including the franchise fee as found in Section 4,
shall remain in effect throughout the period of negotiations.
Section 4. CONSIDERATION.
The Grantee -of said franchise shall, during the term
thereof, pay to said City two percent (2%) of the gross annual
receipts of said Grantee arising from the use, operation or
possession of said franchise; provided, however, that such pay-
ment shall in no event be less than one percent (1%) of the
gross annual receipts of Grantee derived from the sale of elec-
tricity within the limits of said City. It is understood that
any administrative, legislative or judicial modification of said
franchise fee or the basis of calculating said fee pursuant to
Public Utilities Code, Article 2, Section 6231(c) shall be cause
for review and renegotiation of this amount of franchise fee at
any time within the term of this franchise.
Section 5. REPORTS, DATES OF PAYMENT TO CITY, AUDITS
(a) On or before the 31st day of March of each calendar j
year during the term of this franchise and forty-five days (45)
after the expiration of the term of this franchise, Grantee shall t
file with the City Clerk of City, the'original, and with the
Auditor of City, one copy of a staterfient showing the gross
receipts during the preceding calendar year of fractional
calendar year.
(b) Within fifteen days after the time of filing such
statement, Grantee shall pay to the City Treasurer the money
herein required to be paid by Grantee to City upon the basis of
the data set forth in said statement. Any neglect, omission or
refusal by said grantee to file such verified statement, or to
pay said percentage at the time and in the manner specified,
shall be grounds for the declaration of a forfeiture of this
franchise and all rights of grantee hereunder.
(c) The City Treasurer, or any qualified person designated
by the City, at any reasonable time during business hours, may
make examination at Grantee's office or offices, of its books j
and records, germane to and for the purpose of verifying the data ;
set forth in the statement required by Section 5(a) hereof.
(d) All books and records subject to examination by
City Treasurer, or qualified person designated by City
shall be kept within the County of San Diego, or in such
other place as the reasonable convenience of Grantee may
require; and in the event that it becomes necessary for said
City Treasurer, or any representative designated by the
City to make such examination at any place other than
within the County, then, in that event, all increased costs
and expenses to City necessary or incident to such examination
and resulting from such books and records not being available
within the County, shall be paid City by Grantee on demand.
(e) In the event Grantee
this franchise on or before
provided, Grantee shall pay
of the following amounts:
fails to make the payments for
the dates due as hereinabove
as additional consideration both
(1) A sum of money equal to two percent (2%)
of the amount due'. This amount is required in order
to defray those additional- expenses and costs incurred
by City by reason of the delinquent payment including,
but not limited to, the costs of administering,
accounting and collecting said delinquent payment and
the cost to City of postponing services and projects
necessitated by the delay in receiving revenue.
(2) A sum of money equal to one percent (lA) of
the amount due per month as interest and for loss of use
of the money due.
Section 6. COMPLIANCE WITH LAWS.
All facilities or. -equipment of Grantee that Grantee
shall construct, maintain and use or remove, pursuant to the
provisions of the franchise granted herein shall be accomplished
in accordance with the ordinances, rules and regulations of
City now or as hereafter adopted or prescribed, and such rules'
or regulations as are promulgated under State law, or orders
of the Public Utilities Commission or other governmental
authority having jurisdiction in the premises.
tion 7. ADMINISTRATIVE PRACTICES.
Grantee is herewith charged with the responsibility of
cooperating with City'in preparing a manual of administrative
practices which shall govern the.installation and removal of
Grantee's facilities in the'streets of City.. Once each year,
commencing.with the first full calendar year of the franchise
granted herein, it is to be the joint responsibility of Grantee
and City to review and update such administrative practices.
Both Grantee and City are charged with the duty to prepare,
review and update such administrative practices by a method
of mutual cooperation which shall take into consideration the
reasonable needs and convenience of each party; provided that
said administrative practices and the terms and conditions
thereof shall be at all times subject to approval of the City
Council as expressed by appropriate legislative action,
Following the preparation of said manual, and its
approval by the City Council, it shall govern the practices
of the Grantee in its installation and removal of Grantee's
facilities in the streets of City. '
Section 8. CITY RESERVED POWERS.
(a) City reserves the right for itself to lay, construct,
erect, install, use, operate, repair, replace, remove, relocate,
regrade or maintain below surface or above surface improve-
ments of any type -or description in, upon, along, across,
under or over the streets of the City. City further reserves
the right to relocate, remove, vacate, replace, realign or
change the grade of the streets themselves. If the necessary
-------------
exercise of the aforementioned reserved rights conflicts with
any poles, wires, conduits, and appurtenances of Grantee
constructed, maintained and used pursuant to the provisions
of the franchise granted hereby, whether previously constructed,
maintained and used or not, Grantee shall, without cost or
expense -to -City within ninety (90) days after written
notice from the City Manager, or his designated representative,
and request so to do, begin the physical field construction
of changing the location of all facilities or equipment so
conflicting. Grantee shall proceed promptly to complete such
required work.
(b) Irrespective of any other provision of this
ordinance, Grantee's right to construct, maintain and use,
or remove poles, wires, conduits, and appurtenances thereto
shall be subject at all times to the right of the City, in
the exercise of its police power, to require the removal or
relocation, to either overhead or underground locations, of
said poles, wires, conduits and appurtenances thereto at
the sole cost and expense of Grantee.
Section 9. HOLD HARMLESS.
Grantee of the franchise granted hereby shall indc"i:inify,
save and hold harmless, City and any officers and employees
thereof against and from all damages, judgments, decrees, costs
and expenditures which City, or such officer or employee,
may suffer or which may be recovered from, or obtainable
against City, or such officer or employee, for, or by
reason of, or growing out of or resulting from the exercising
by Grantee of any or all of the rights or privileges
granted hereby, or by reason of any act or acts of Grantee
or its servants or agents in exercising the franchise granted
hereby, and Granted shall defend any, Suit tbat may, be
instituted against 'City, or_gnr officer.o7r. employee thereof,
by reason of or growing-out*of.or resulting from the exercise
by Grantee of any or all of the'rights or privileges granted
hereby, or by reason of any act or acts of Grantee,
or its servants or agents, in exercising the franchise granted
hereby.
Section 10. REPAIR COSTS.
Grantee shall pay to City on demand the cost of all
repairs to City property made necessary by any of the
operations of Grantee under the franchise granted hereby,
provided however that Grantee may make repairs to streets,
sidewalks, curbs and gutters itself at its own cost in
accordance with City specifications if the same can be
done without undue inconvenience to the public use of the
streets.
Section 11. FORFEITURE.
This franchise is granted upon each and every condi-
tion herein contained, and shall ever be strictly con-
strued against Grantee. Nothing shall pass by the franchise
granted hereby to Grantee unless it be granted in plan
and unambiguous terms. Each of said conditions is a
material and essential condition to the granting of the
franchise. If Grantee shall fail, neglect or -refuse to
comply with any of the conditions of the franchise granted
hereby, and if such failure, neglect or refusal shall
continue for more than thirty (30) days after written
demand by the City Manager for compliance therewith, then
City, by the City Council, in addition to all rights and
remedies allowed by law, thereupon may terminate the right,
privilege and franchise granted in and by this ordinance,
and all the rights, privileges and the franchise of
Grantee granted hereby shall thereupon be at an end.
Thereupon and immediately, Grantee shall surrender all
rights and privileges in and to the franchise granted
hereby. No provision herein made for the purpose of
securing the enforcement of the terms and conditions of the
franchise granted hereby shall be deemed an exclusive remedy
or to afford the exclusive procedure for the enforcement
of. said terms and conditions, but the remedies and
procedure outlined herein or provided, including forfeiture,.
shall be deemed to be cumulative.
Section 12. ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise
granted hereby shall be construed as in any way impairing
City's rights to acquire property of Grantee through the
exercise of City's power of eminent domain or through voluntary
agreement between City and Grantee.-
Section 13. PUBLICATION EXPENSE.
Grantee of said franchise shall pay to City a sum
of money sufficient to reimburse it for all publication
expenses incurred by it in connection with the granting
thereof; such payment to be made within thirty (30) days
after City shall have furnished Grantee with a written
statement of such expenses.
Section 14. AUTHORITY.
The authority for this franchise is the Franchise Act of
1937.
Section 15. NO TRANSFER WITHOUT CONSENT.
Grantee shall not sell, transfer or assign this franchise
or the rights and privileges granted thereby without the con-
sent of the City Council of the City of National City.
Section 16. EFFECTIVE DATE.
This ordinance shall take effect and be in force on the
thirty-first (31st) day from and after its passage.
Section 17. The City Clerk shall certify to the adoption
of this ord nonce and cause it to be published at least once
in the within fifteen days after its
adoption.
PASSED AND ADOPTED THISInth DAY of robruary , 1981.
MAY V- - -
ATTEST
�—
CIT7 CLERK
Passed and adopted by the Council of the City of National City, California,
on ......I Fkx xari..1P.....x?fl.lL ................ by the following vote, to -wit:
Ayes: Councilmen...Gamzabo...Vam..RQuettxt x,...1Vat.ers...UPr.9an....
Nays: Councilmen ... Pahl.a ..........................................................................
Absent: Councilmen ... Nmfz ............................................................................
Abstain: Councilmen... knP
AUTHENTICATED BY: KILE MORGAN
Mayor -of the City of National City, California
f
/tihL
CamQbel:........
........................ .........................
City Clerk ity of National City, California
By: ...................................................................
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on ....February... 1... 1.991...............
and on...... I98]
....................................................................
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO... 1.7�h. of the City of National City, passed
and adopted by the Council of said City on.....FebruaFy... 1n,.„19A1........
(Seal) ............... ........ °��..Can�bel.l.. �....
City Clerk the City of National City, California
By: ..................................................................................
Deputy
ORDINANCE NO. 1737
ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE
TO CMS714= MAINTAIN AND USE PIPES AND APPURTENANCES
FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL
PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS
AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN
THE CITY OF NATIONAL CITY
BE IT ORDAINED, by the Council of the City of National City
as follows:
Section 1. DEFINITIONS.
Whenever in this ordinance the words or phrases here-
inafter in this section defined are used, they shall have the
respective meanings assigned to them in the following definitions:
(a) The word "Grantee" shall mean San Diego Gas &
Electric Company, its lawful successors and assigns;
(b) The word "City" shall mean the City of National City
a municipal corporation of the State of California, in its
present incorporated form or in any later reorganized, con-
solidated, enlarged or reincorporated form;
(c) The word "streets" shall mean the public freeways, I
highways, streets, ways, alleys and places as the same now or
may hereafter exist within the City;
The word "g
as gas shall mean natural or artificial i
gas or a mixture of natural and artificial gas;
(e) The phrase "pipes and appurtenances" shall mean
pipes, pipelines, mains, ser-ices, traps, vents, vaults, man-
holes, meters, gauges, regulators, valves, conduits, appliances,
attachments, appurtenances and, without limitation to the
foregoing, and other property located in, upon, along, across,
under or over the streets of the City and used or useful in
transmitting or distributing gas, sometimes otherwise referred
to as "facilities";
(f) The phrase "construct, maintain and use" shall
mean to construct, erect, install, operate, maintain, use,
repair, relocate or replace pipes and appurtenances thereto
in, upon, along, across, under or over the streets of the City;
(g) The phrase "gross receipts" shall mean all gross
operating revenues received by Grantee from the sale of gas to
Grantee's customers with points of service within the corporate
limits of the City (including, but -not limited to, sales to
military reservations with points of service within the City's
corporate limits) which are credited in Account Numbers 480, 481
and 48:4 of the current Uniform System of Accounts of the
Federal Power Commission as adopted by the California Public
Utilities Commission, or similar superseding accounts, less
uncollectible amounts and less any refunds or rebates made by
Grantee to such customers pursuant to orders or decisions of
the California Public Utilities Commission.
Section 2. PURPOSE.
The franchise to install, maintain and use in the streets
of said City all pipes and appurtenances for transmitting and
distributing gas to the public for any and all purposes within
said City is hereby granted to San Diego Gas & Electric Company,
its successors and assigns.
buc, lUn d. l:.
Said franchise shall be indeterminate, that is to say,
said franchise shall endure in full force and effect until the
same shall, with the consent of the Public Utilities Commission
of the State of California, be voluntarily surrendered or aban-
doned by the grantee, or until the State 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 said franchise and situated in the
territorial limits of the State, municipal or public corporation
purchasing or condemning such property, or until said franchise
shall be forfeited for non-compliance with its terms by the
grantee.
In the event, during the life of this franchise, the
electors of City adopt a Freeholders Charter governing said
City, then the City may, by giving notice to the Grantee, open
negotiations with Grantee to modify the franchise fee provided
for in Section 4 of this agreement. If the City and Grantee
fail to agree on a new franchise fee within one year after
beginning said negotiations, this franchise shall expire; provided,
however, that all of the terms of this agreement, including the
franchise fee as found in Section 4 shall remain in effect through-
out the period of negotiations.
Section 4. CONSIDERATION.
The Grantee of said franchise shall during the term
thereof pay to said City -two percent (2%) of the gross annual
receipts of said 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 Grantee derived from the sale of gas within
the limits of said City. It is understood that any administrative,
legislative or judicial modification of said franchise fee or the
basis of calculating said fee pursuant to Public Utilities Code,
Article 2, Section 6231(c) shall be cause for review and renegotia-
tion of this amount of franchise fee at any time within the term of
this franchise.
Section 5. REPORTS, DATES OF PAYMENT TO CITY, AUDITS.
(a) On or before the 31st day of March of each calendar
year during the term of this franchise and forty-five (45) days
after the expiration of the term of this franchise, Grantee
shall file with the City Clerk of City, the original, and with the
Auditor of City, one copy of a statement showing the gross receipts
during the preceding calendar year or fractional calendar year.
(b) Within fifteen days after the time of filing such
statement, Grantee shall pay to the City Treasurer the money
herein required to be paid by Grantee to City upon the basis of
the data set forth in said statement. Any neglect, omission or
refusal by said grantee to file such verified statement, or to
pay said percentage at the time and in the manner specified, shall
be grounds for the declaration of a forfeiture of this franchise
and all rights of grantee hereunder.
(a) The City Treasurer, or any qualified person designated
by the City, at any reasonable time during business hours, may
make examination at Grantee's office or offices, of its books
and records, germane to and for the purpose of verifying the data
set forth in the statement required by Section 5(a) hereof.
(d) All books and records subject to examination by City
Treasurer, or qualified person designated by City, shall be kept
within the County of San Diego, or in such other places as the
reasonable convenience of Grantee may require; and in the event
that it becomes necessary for said City Treasurer, or any repre-
sentative designated by the City to make such examination at any
place other than within the County, then, in that event, all in-
creased costs and expenses to City necessary or incident to such
examination and resulting from such books and records not being
available within the County, shall be paid City by Grantee on
demand.
(e) In the event Grantee fails to make the payments
for this franchise on or before the dates due as hereinafter
provided, Grantee shall pay as additional consideration
both of the following amounts:
(1) A sum of money equal to two percent (2p) of the
amount due. This amount is required in order to
defray those additional expenses and costs incurred
by City by reason of the delinquent payment including,
but not limited to, the cost of administering, accounting
and collecting said delinquent payment and the cost to
City of postponing services and projects necessitated
by the delay in receiving revenue-
(2) A sum of money equal to one per (lp) of the
amount due per month as interest and for loss of use
of the money due.
Section 6. COMPLIANCE WITH LAWS.
All facilities or equipment of Grantee that Grantee
shall construct, maintain and use or remove, pursuant to
the provisions of the franchise granted herein shall be
accomplished in accordance with the ordinances, rules and
regulations of City now or as hereafter adopted or prescribed,
and such rules or regulations as are promulgated under State
law, or orders of the Public Utilities Commission or other
governmental authority having jurisdiction in the premises.
Section 7. ADMINISTRATIVE PRACTICES.
Grantee is herewith charged with the responsibility of
cooperating with City in preparing a manual of administrative
practices which shall govern the installation and removal of
Grantee's facilities in the streets of City which shall
include, but not be limited to, cathodic protection practices.
Once each year, commencing with the first full calendar year
of the franchise granted herein, it is to be the joint
responsibility of Grantee and City to review and update such
administrative practices. Both Grantee and City are charged
with the duty to prepare, review and update such administrative
practices by a method of mutual cooperation which shall take
into.consideration the reasonable needs and convenience of
each party; provided that said administrative practices
and the terms and conditions thereof shall be at all times
subject to approval of the City Council as expressed by
appropriate legislative action.
Following preparation of said manual, and its approval
by the City Council, it shall govern the practices of the
Grantee in its installation and removal of Grantee's -facilities
in the streets of City.
Section S. CITY RESERVED POWERS.
(a) City reserves the right for itself to lay, construct,
erect, install, use, operate, repair, replace, remove,
relocate, regrade or maintain below surface or above surface
improvements of any type or description in, upon, along,
across, under or over the streets of the City. City further
reserves the right to relocate, remove, vacate, replace, realign,,
or change the grade of the streets themselves. If the
necessary exercise of the aforementioned reserved rights
conflicts with any pipes and appurtenances of•Grantee
constructed, maintained and used pursuant to the provisions i
of the franchise granted hereby, whether previously constructed,
maintained and used or not, Grantee shall, without cost or
expense to City within ninety (90) days after written notice
from the City Manager, or his'designated representative, and
request so to do, begin the physical field construction of
changing the location of all facilities or equipment so con-
flicting. Grantee shall proceed promptly to complete such
required work.
(b) Irrespective of any other provision of this
ordinance, Grantee's right to construct, maintain and use,
or remove pipes and appurtenances shall be subject at all
times to the right of the City, in the exercise of its
police power, to require the removal or relocation, of
said pipes and appurtenances thereto at the sole cost and
expense of Grantee.
Section 9. HOLD HARMLESS.
Grantee of the franchise(Zranted hereby shall indemnify,
save and hold harmless, City and any officers and employees
thereof against and from all damages, judgments, decrees,
costs and expenditures which City, or such officer or
employee, may suffer, or which may be recovered from, or
obtainable against City, or such officer or employee, for,
or by reason of, or.growing out of or resulting frpm the
exercising by Grantee of any or all of the rights or
privileges granted hereby,' or by reason of any act or acts
of Grantee or its servants or agents in exercising the
franchise granted hereby, and Grantee shall defend any suit
that may be instituted against City, or any officer or employee
thereof, by reason of or growing out of or resulting from
the exercise by Grantee of any or all of the rights or
privileges granted hereby, or by reason of any act or acts
of Grantee, or its servants or agents, in exercising the
franchise granted hereby.
Section 10. REPAIR COSTS.
Grantee shall pay to City on demand the cost of all
repairs to City property made necessary by any of the '
operations of Grantee under the franchise granted hereby,
provided however that Grantee may make repairs to streets,
sidewalks, curbs and gutters itself at its own cost in
accordance with City specifications if the same can be
done without undue inconvenience to the public use of the
streets.
Section 11. FORFEITURE.
This franchise is granted upon each and every condition
herein contained, and shall ever be strictly construed
against Grantee. Nothing shall pass by the franchise granted
hereby to Grantee unless it be granted in plain and unambiguous
terms. Each of said conditions is a material and essential
condition to the granting of the franchise. If Grantee shall
fail, neglect or refuse to comply with any of the conditions
of the franchise granted hereby, and if such failure, neglect
or refusal shall.continue for more than thirty (30) days
after written demand by the City Manager for compliance
therewith, then City, by the City Council, in addition to
all rights and remedies allowed by law, thereupon may
terminate the right, privilege and franchise granted in and
by this ordinance, and all the rights, privileges and the
franchise of Grantee granted hereby shall thereupon be at
an end. Thereupon and immediately „ Grantee shall surrender
all rights and privileges in and to the franchise granted
hereby. No provision herein made for the purpose of
securing the enforcement of the terms and conditions of the
franchise granted hereby shall be deemed an.exclusive remedy
or to afford the exclusive procedure for the enforcement
of said terms and conditions, but the remedies and procedure
outlined herein or provided, including forfeiture, shall
be deemed to be cumulative.
Section 12. ACQUISITION AND VALUATION.
Nothing in this ordinance or in the franchise granted
hereby shall be construed as in any way impairing City's
rights to acquire property of Grantee through the exercise
of City's power of eminent domain or through voluntary agree-
ment between City and Grantee.
Section 13. PUBLICATION EXPENSE.
Grantee of said franchise shall pay to City a sum of
money sufficient to reimburse it for all publication expenses
incurred by it in connection with the granting thereof; such
payment to be made within thirty (30) days after City shall
have furnished Grantee with a written statement of such
expenses.
7g
Section 14. AUTHORITY.
The authority for this franchise is the Franchise Act of
1937.
Section 15. NO TRANSFER WITHOUT CONSENT.
Grantee shall not sell, transfer or assign this franchise
or the rights and privileges granted thereby without the consent
of the City Council of the City of National City.
Section 16. EFFECTIVE DATE.
This ordinance shall take effect and be in force on the
thirty-first day from and after its passage.
Section 17. The City Clerk shall certify to the adoption
of this ordinance and cause it to be published at least once in
the within fifteen days after its adoption.
PASSED AND ADOPTED THIS 1nthDAY Of _February , 19B1.
1'
MAYOR
TEST;
r�-
CITY LERK
Passed and adopted by the Council of the City of National City, California,
on ..... rekxw� xv....if)....195.1................. by the following vote, to -wit:
Ayes: Councilmen......C.slAcx.K[it PzS;. }.19.rg-7n..
Nays: Councilmen ..... i?.,,1.1,a........................................................................
Absent: Councilmen .....1�,m. .................
.........................................................
Abstain: Councilmen .....! .m!..........................................................................
AUTHENTICATED BY: RILE MORGAN
Mayor o the Cityof National City, California
...........
City Clerk of 7a Cty of National City, California
By: .......................................................
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on ....1 brurry 3r ]9P;1
...............
F�bruar 10 l9£3]
and on.......:...........Y........�.....................................................................................
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO...1.'<.1..7. of the City of National City, passed
and adopted by the Council of said City on ..Fehruary tax, ,tgl
...............................................................
(Seal) ..., .nnr Campnrl ...
Clty Clerk o the Ci
ty of National City, California
By: ...............................................
Deputy