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624d r f r iFOR4 A 1 ORDINANCE NO ---------- L ? ..�./.............. AN ORDINANCE OF THE CITY OF -_-----.-_Anaheim ------------------------------------------------------------------------------------------ GRANTING TO ------ Qhz _. Quit:�.....��. a .._ omay_.-_�f .. v a Q'.> ------------------------------ A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. The__ Council.____of the City of.............Anah..im .does ordain as follows ------------------------------------------------------------ SECTION ONE 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 following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning) : (a) The word "Grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of ............ A ..........................................................., a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; (d) The word "Engineer" shall mean the ................... ....Engineer........_......_...........of the City; (e) The word "Gas" shall mean natural or manufactured gas, or a mixture of natural and manufactured gas; (f) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurte- nance and 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 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 TWO That the right, privilege and franchise, subject to each and all of the terms and conditions con- tained in this ordinance, and pursuant to the Provisions of the "Franchise Act of 1937," be and the same is hereby granted to..._.�.s_.. GaA_...GompAny.._c....Qa3Af =x11& .............. ------------------------------ --- - -.------------...........---......---------............................................--- a corporation organized and existing under and by virtue of the laws of the State of California, 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 abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law shall purchase by volun- tary 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 fran- chise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION THREE 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 per cent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, how- ever, that such payment shall in no event be less than a sum which shall be equivalent to one per cent (19,1o) of the total gross annual receipts derived by grantee from the sale of gas within the limits of the City under this franchise, and under any franchise owned by grantee and derived under Section 19 of Article XI of the Constitution of California (as said section existed prior to its amend- ment on October 10, 1911) . 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 fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar 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 filing 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, covered by such statement. Any neglect, omission or refusal by said grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION FOUR 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 franchise, for transmitting and distrib- uting gas within the limits of the City, as said limits now or may hereafter exist, except any fran- chise derived under Section 19 of Article XI of the Constitution of the State of California as said Section existed prior to the amendment thereof adopted October 10, 1911, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and priv- ileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION FIVE The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City. when so filed, such accept- ance shall constitute a continuing agreement of the grantee that if and when the City shall there- after annex or consolidate with, additional territory, any and all franchise rights and privileges owned by the grantee therein, except the franchise derived under the aforesaid Constitutional pro- vision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION SIX 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 contract 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. Nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION SEVEN The grantee of this franchise shall file a bond, running to the City, with at least two good,.and sufficient sureties, to be approved by the legislative bodythereof, in a penal sum of ...a11.'c. ...... conditioned that the grantee shall well and truly obsere, fulfill and perform each and eve term pe every 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 five (5) days after the date of the granting of this franchise; and in case said bond shall not be so filed, or shall not receive the approval of the legislative body, this franchise shall be forfeited and any money paid to the City in connection therewith shall like- wise be forfeited. SECTION EIGHT The grantee of this franchise shall (a) construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the para- mount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; (b) pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise; (c) indemnify and hold harmless the City and its officers from any and all liability for dam- ages proximately resulting from any operations under this franchise; (d) remove or relocate, without expense to the City, any facilities installed, used and main- tained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or via- duct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or leaseof this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly author- ized officers. SECTION NINE The Engineer shall have power to give the grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the grantee shall file with said Engineer plans showing the location thereof, which shall be subject to the approval of said Engineer (such approval not to be unreason- ably withheld) ; and all such construction shall be subject to the inspection of said Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall -be done by a tunnel or bore, so as not -to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. SECTION TEN If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction. SECTION ELEVEN (a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for com- pliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non-compliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION TWELVE 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 THIRTEEN 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 hereof. SECTION FOURTEEN The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published once in the ................. Or*k.4 _.....Cou... _.......n. -t- .. ..---Ne------ws............................. I hereby certify that the foregoing ordinance was adopted by the ---------- ._. Qun AII................ of the City of -------------- Anahaim----------------------------------- on the ----- 2n?-�-----day of----- --------------------------.., 19 , by the following votes: Ayes • • • '02 ----------------------------------------- -------------=------------ J Noes: .... ?C ---------------------------------------------------------------------------------- ---------------------------------------------------------------------------------- -- --------------- -.............. ....................... City Clerk f� � •: •: ' t._ ,. ''� arte.. '_ yr ..aRY..Affid vetOf B ealeltdaE.:4> oto rites :a '. t': wal . .. ' the col �' ��` � t isI cal dor' peer, fir. dna'• a :. 00 Publication .`: - Y�.&� = f'�t semi ..: 8;, ori, 4 I� tii� "�.. AN .t? DII�tAlli+t g' T . City for which. this: ,� _. _ •' kith bea�siati� Off' 13�, 1�TIN Is gt�snted. It eh&l ire the... t� ( .) tom, STATE. OF CALIFORNIA ss_ � ., U'R' T 'I71 TI = Q A :: of the grantee to Pay to.:- the i�ty body.. of Tie • wit>iia-thirty. 1% COUNTY OF ORANGE _ Y' CGMPrANY ala` aAOgIA,.:,1►; 'within fifteen (i6) days atter.,-.ea$ aftri!de; transfer, assig Ctl~Ii oRATiox- ;, .. •THE Rte .: -time forfiltng such stmt.: in meat or a�,..of thlo' dranehise, c 1�argaret _S.iRr1-ght- P'R1ViLEGE :TariPflii mob y df., United. -Sig to ; my .part°" ft - or oaf any of„tI -- - ----- -- - - TO LAX AND P'i~PHS `•the spec tiecci pdtce i 8 ut ts� a rig c ::: rriv es granted' flier of said county. being first duly sworn, says—that tike is a cit- AP�PURJTANC& FOt' TR"A receipts ' ' for , the, cslez'ar .year, by., s¢ritaa mace. of tl�e sam M•ITTING AND ; DISTRT�UTI or such #racttbnal c�alenda�r Year- certified •theto�-..`ttr.:'the ran t izen of the United States, and of- tl;e State of California, over the GAS FOR ANY ANS A�LT1. `::aovezed by stitch ste went. Any c4., at brined ofYiCers. age, of eighteen years; that she POSSES UNDER, AL>�NG; A neglect, omission or reftisal Y , CTI014 NINE OR UPON • THM P'� U �B I tib. .iaald grantee to Elie such verified - has no interest in, nor is she The iteer. shall -lave pow STREET'S, WA,YB, AMAWS.-'AND' state ent, lar to pay said percent- party to the matter herein to giP@ ,fie grantee each dirE PLACES, A& SA�dE4' :N QW age, at the - times' or .1n they man - mentioned ; that she is the pub- -tio>ir8 for the loceition. of &ny pip licher of the ORANGE COUNTY OR MAY HAR,. MM”, 'ner •hereitbe0re pm�ided, shall and a.ppurtesiances as may. be ri - WITHIN SA M:UNIMP'A .:; tie grounds fir the d jelAration of sonaJbly : ecoesa�r r to ai0fd toNEWS a weekly newspaper , printed, published and circulated The Council• of the dRy--s . a forfeffnre of this. fra'IIchise and ..erg, wat w. ,pipes, conduits or Ott in the. said County of Orange heim does' ordain as follows:: of all rights- thereunder. structures larw+fully in or unc 'that said ORANGE COUNTY SECTION ;ONE SIDMON POUR the streets; and before the we NEWS is a newspaper of general Whenever in this orditiaace :tthe This grant is made :tn lieu of all of const-Tucting any pipes and circulation with a list of paid sub Words or phrasee:.hereing.,ftr In . other franchises, rights, or Priv- pu�rtenanees., is 'commenced, ci•ibers, and is published for the this section defined •:are used, heli ileges tiwned by the grantee, • or ; grantee : h4il file with said dissemination of both local anshall have the; rb*pective ::tea- by any successor of. the.. grantee g neer pllhit. "0pwing the locat• Ings assigned to them ' in thea-_ dol- 'thereofr wizfch, 11 be subject general news and intelligence of � .... _ to any rights under this franchise, a general character; that it is � dowing def3nitioas (untess, `in-:' for transmitting and distributing � the approval bf.:. ..said Engin not devoted to the interests ar � given instance, the co-Ateat.%-W !e- (such approval riot ..:to be unY ga,s within; the limits of the City, in they are u shdU 6 e ii'd= t ublisheci for the entertainment ' ' as 'said. limits now or, may . herre- sonarbly - wituhe�ld):;. and all s - 1Drt:-A diiferen °Mmeaning):::_'• ' of a particular class, profession, after..ei�ilit; except ang :franchise co traeWu shall Abe, subject t rade, calling, race or denomina- (a)-. The word "Granteb". '"'I derived under Section- 19 of Ar- the ineliiectien of . said Engin flan, or of any number thereof; mean the corpratian to eh title XI of the Constitution bf the and done "to °itiie reasonable sa that it has been )printed and pub- -the franchise conteznpteted-•ln lhis State oY California, ae said Sec- fa.etion. AN . street coverings lished in the City of Anaheim, ordinance is granted and its law- tion existed prior to the amend- openings of traps, vaiitts, and, m County of Orange, State of Cali- fuI successors or 'aseiges; - • . riment thereof adopted October 10, holes shall at ail ;times be .k fornia for more than one year (,b). The word ".CitY''._ .... hall 1911, ' aed. the acceptance of .the ...fluph;wftli the etirfaeer of Un - next preceding the first day of mean the' City► of . Anahetm; �nttn= franchise hereby granted' shall o'p. streets;. pr+orided, kaawever, t they publication ,hereto attached; ieipal- corporation ..of the 'Stab of erste as an abandonment of all vents for -underground trE itta.t the California, in its present: if_eqMsuch fraachises, rights.. and, privil- vaults and -,m" anholes may ext, ated form or in -any. later- ` eges With#n the limits .;of ,this City, above the 'Ai%�ace • of the- strf Or�irzance I�0.624 °ized; , aonsalidated off. hep .said mania .'are located • • - e _ _ ---- --- - -- - .. as -s�ueh' limits now or may. here w _ ed, 'form; after eaci t, in lteat,, hich this parkrvra rs et'e?eeit .: 'the . curb .............................. (C)..-q`he wcn'd ."st e8 "'' 1! franc a is granted.: the -prepertyk,lin& mesa the pwblic .et Wherj it neaery tef� lay f- ee ---------------------------------------------------- Wle ya `fid plan .- ; t;'' er t�o�der::;sr�ougb, .................................................... or may. hereafterCeIg sl'hc"tchise gran hla , _`` shall '`• " •`' o acris..-:'o+i't;ga# of a pe • ` .. 5.:k:°�. i t� become of ts-ve- - until :: of which the annexed is a. printed City; `� writt Acceptance _ tti€ereof flhall. off" bawd•• a it the.. s" { d) ' . T%e word " aiI a W Te h c ec�nom3 copy, was .published in said news- mean 'the Cit •' :;#,fie hairs ;men f'tlei} begr te 1 ' �e '- : Y a� d"ne b w v ' ` thereon::. 3th the -•Cle :of ` bA City. �,,_ ,. : . l;a'per at least _._- e3'lA@ --------------- ;'City, ttutnel .#r ' �o► ;a not to '`* :.�.' whey lei" #iced, su1i .. aeceptence - .A • _ Ee) The 'w '! I shall . �.r stat e r `ing tttrb gip' f etio :of such p� commencing on the-__29ti_ day mean astnral f d: - utcp ri _ r .�; $ n s. :•' agrees o#' tie#ts'' if °.., Aad cif _.DOQ6�lbeT__-_---- .. 19,38-.. and Via$, or a mint -"oil. Y stent :mat re''e caxaot b• 3i _�..::., �- and. nth -0 Alba a Ciity #beree�ter. manufactured gni s' k _� - .- -done;- : c wor_it shtitli be' bone ending on the da •ana �e AM - consolidate .:th;. g ------ ---------------- y (f) .The Fh D''. der a �irto'be='+ by tin f for an all• .'f ran- _ ti§� ; :.. ,.<. ..4f ..J.: . . of 19 and purtenances ' a;;dngiaern;' awe tom. 1 --- - ------ -- ------------ pipeline77 ;. tgain;:- ::�x. .`+rent, chine:. its and' pOfi88^s. ovine for. :, •: '' by the,giantee ther4in, except. the that said ... O1A 1'3�7��4------------- vain)~;- manhole; : �-red- S.W. T'EN.. ulama, valve .. "ce; fr rWs: de"riveo . u r *he &More- ._..._..._______-_ was published on the at mit aM `'-::qty said. ltat3o1 -,'shall If a p.,,y seet.� following days: - x bar 'te$son 'bf dei -:h dome =th#n the-, omits of ch in an�ri€• anda3 Locatedin U c i , 1#e- ,. 4.�,> . ...................................................• •der'or Or f' . acem: 'e : itiatti� ... under: t, by s+easo Decedber 39 1938 and- used .or :: S 0'N: = "� ..:... . ................. --------a... .................... ,:.:,, _ _ any o e -�qg a ar sing from mittiAg..' d7or �. lee gr'a #yet a oder opera, n ez #en�ee: - Of .................................................... {gj T to sbi.;iaany war:,;toy .ex: 'ftn06j �ahall pia to _ 1 � 101A -br .i►M# tbA r t of „' ted owed Wilder fhis'•g '�' n rt -------------- -- --------- ....------ i std. mate;; :�i'8' tlie:T . too, so" mil le y. mid gnti sit t' Iii. 'Oa. o t i gragtee .. h Sem l►.. .? q�nd , ' fmtjptlis� Subscri ed and sworn to before T Y . or- thooug •` ice ' '`'� a# .til it g1lt oi� enliaest domstn any sash d rA4 Tint. Vii:. _ e a *�l' acid 8 hetrein n#,ained shall street; .or 1:0011foa :tet' atr et; -1 me this ---------------------------- day of fraaahi $ r .>e id. good`*�d*I #an a n eal b 9 3 fi :R{ - .3 �'" oach wth4r .o! .................... twit is . 1 Dor- -tom f : o _abritgd, :i! fog . h L v qa tib • #. • 13g; +�o the gJ.. �' .f IatarAe ty I" .City's done a , rection of ................ -- -•-------•� . -- "Fra, Aci:. 87,.::,.: rlm_wt:.daAect fibs 'fir `'its: $r -.to tai: • ' . tee or .4L�► ft ntil t; •South �. s Coet9tp�iiy ity. : f siiall.'thia ci3ise erre, R be �.:ti►ale any I r14 r' successors or assigns, during the change of grade, "alignment Or preceding calendar yeor, or.. $nch width of any. Ptiblic way, fractional calendar year, from the . � alley or -V4a ee, including the con - sale of the utility service ' within struction 'of any subway or viaduct W the City for. which this franchise by the City;' and CO is granted. It shall be the duty (e) file with .: the legislative LB of the grantee to pay to the City body of 'the City within. thirty (30) A within fifteen (15) days after the Ilays after any sale, transfer, assign - U, time for filing such statement, in' ment or lease of this franchise, or BE lawful mohey of the United States, any part thereof, or of ' any of. the 1D the specified percentage of its grass rights or privileges granted there 48- receipts for the calendar Year, by, written evidence of the same, NO or such fractional calendar year, certified thereto .t'by the. grantee JR- covered by such statement. Any cz its ' duly authorized officers. SSS neglect, omission or refusal by SECTION NINE. I C said grantee to file such verified The Engineer shall have power.. ND stateizent, or to pay said percent- to give the ., grantee such direc- . U W -age, at the times or in the man- tions for the location of any pipes ST, ner 'hereinbefore provided, shall and appurtenances• as may be rea- `Y• be grounds for the declaration of sonably. •necessary to avoid. sew- "na- a forfeiture of this franchise and ers, water pipes, conduits .or other of all rights thereunder. structures lawfully in or under SECTION FOUR "the streets; • and before the work the This grant is made in lieu of all ' of constructing any pipes and ap- r -in other franchises, rights, or Priv- ; purtenances. -is commenced, the they ileges owned by the grantee, or grantee ;shall file With said Dn- `e$n' by any successor of the grantee gineer plans. showing the location fol- f thereof, which --shhll be subject to to rights under this franchise, any , the for transmitting and distributing the approval '6't ..said Engineer lere- gas within the limits -of the City, (such' approval 'not . to.. be unrea- ?- �ta.:'ii. .-h re-. gona� old and all Butt '!'FT[ MDAY, DWMBM 29, 1938 SMCTION ELLVEN statement of such expenses. (a) If the grantee of this frau- . S1pCTION THIRTEEN ,,hise shall fail, neglect -or refuse Within ten (10) days after the to comply with any of the l . passage and publicationoY this visions or conditions hereof, -and ordinance, the grantee shall file shall not, within sten (10) days with the City Clerk a written ac- after written demand for compli- ceptance of the franchise hereby ance, begs the work of comgli- grantedand an agreement to , ante, or after such beginning shall comply with the terms and condi- not prosecute the same with due ' tions hereof. diligence to completion, then the City, y b its legislative body, may SECTION FOURTEEN declare this franchise forfeited. The City Clerk shall certify to (b) The1 City may sue in its own the adoption of this. ordinance and name for. the forfeiture of this shall cause the same to. be publish - franchise, in the event of non- ed once in -the Orange County -compliance by the grantee, its Ne*s. successor's or assigns, with any off I hereby certify that the fore - the conditions thereof. going ordinance was adopted by SECTION TWELVE ' the City Council of the City of The` grantee of this franchise Anaheim, on the 27th day -oi shall pay to the City a sum of December, 1938, by the following money sufficient to reimburse it votes: for all publication expenses incur- ± Ayes: Councilmen: Mann red by it in connection with the Pearson, Yungbluth, Mar granting of this franchise; such tenet, Jr. and Sheridan. payment to be made within thirty Noes: None. ,. (30) days after the City shall fur- CHARLES K GRIFFITE nigh such grantee with a written -City Clerk. we cessors or assigns, during the change of grade, alignMent or ceding calendar yeor, - or such width .of any pUhlic str =�E�t, way, etlQual calendar year, from the alley. or 9140e, including the con- e -of the utility service within struction -of -any subway or viaduct City for. which this franchise by the City; and granted. It shall be the duty (e) file . with the legislative the grantee to pay to the 00 body of the City within thirty (30) lin fifteen (15) days after the Clays after any sale, transfer, assign - ie for filing such statement, in ment or lease of this franchise, or vful mohey of the United States, any part thereof, or of any of'. the a specified percentage of its gross. rights or privileges granted there.- ceipts for the calendar year, by, written evidence of the same, such fractional calendar year, certified thereto --by the.. grantee iered by such statement. Any • crr its duly authorized officers. glect, omission or refusal by SECTION NINE id grantee to file such verified The Engineer shall have power itement, or to pay said percent- to give the . grantee such direc- . ;e, at the times or in the man- .tions for the location of any pipes' 'r hereinbefore provided, shall and appurtenances as may be rea- grounds for the declaration of sonably necessary to avoid sew - forfeiture of this franchise and ere, water pipes, conduits or other all rights thereunder. structures lawfully in or under SECTION FOUR �he streets; . and before the work This grant is made in lieu of all of constructing any pipes and ap- ther franchises, rights, or Priv-- purtenances is commenced, the eges owned by the grantee, or grantee shall file with said En - y any successor of the grantee g;neer plans showing , the location I thereof, which .-.sh'all '.be to any rights under this franchise, subject or transmitting and distributing i the approval of said Engineer as within the limits of the City, (such approval 'not' to. 'be unrea- aW :9 : h on :...Vitp dal) such T'HU'RSDAY, DWMBM 291 1938 SECTION ELEVEN statement of such expenses. (a) If the grantee of this frau SECTION THIRTEEN 11hise shall fail, neglect or refuse Within ten (10) days after the to comply with any of the pro- passage and publication .oY this vis-fons or conditions hereof, and ordinance, the grantee shall file shall not, within sten (10) days with the City Clerk a written ac- after written demand for compli- atter ceptance of the franchise hereby begin the work of comp�li- granted, and an agreement to once, or after such beginning shall comply'with the terms and condi- not prosecute the same with due ' tions hereof. diligence to completion, then the I City. by its legislative body�. S-ECTION FOURTEEN declare this franchise foTfeited.. The City Clerk shall certify to (b) They City may sue in its own : the adoption of this. ordinance and name for the forfeiture of this shall cause the sauce to be publish - franchise, in the event of non- ed once in -the Orange County compliance by the grantee, its News. successors or assigns, with any of I hereby certify that the fore - the conditions thereof. ,going ordinance was adopted by SECTION TWELVEI I the City Council of the City of The' grantee of this franchise Anaheim, on the 27th day of shall pay to the City a sum of December, 1938, by the following money sufficient to reimburse it votes: for all publication expenses. incur- i Ayes: Councilmen: Mann, reel. by it in connection with the Pearson, Yungbluth, Mar - granting of this franchise; such tenet, Jr. and Sheridan. payment to be made within thirty Noes: None. =(30.) days after the City shall fur- I CHARLES K GRIFFIT11, nish such grantee with a written -City Clerk-. OR14VAB a-OUNTT NZW8 7M_ successors or assigns during i.Ue change of grad r, s-= i I i ry., In I . 1;4,:- '• rr � `. ;"� ;' � .^ �.: � .. F1711pIit ` ;E1Et1%..1r-, ;.:E;. 'l•:XlS't'. � .. - jtioi;:. i:4 . horehibeiore p.i'ocided. shall �• •�:c .. c.� .. .. preceding -alendar year, or such width of any Ir►ubli(:- .Na:• ,,. sf 624 fractional calendar year, from the alley or place- inclucz:li�-, ?i .. .,: i{�+•f:\`ice :.. c :c sale of the utilityservice within struction of ariz-,t':u-'-�- - is>.•;�. _ ' XN OIZDl.NA'.�'CE OF THE CITY i the Cite for which this franchise by the C'it:• : tic_ . _ , • t')F ANAf lEl':1?. GR.%NT[NG TO lis granted. It shall be the duty x i T t . I :=()IITHF,I{N C'011N.'" ES G A 5cif rhe .grantee to pay to the City bocl • t!i:�� ;'()MPA ti Y OF C" L , i 1F:N A. AI iN i- Mn fifteen (15) days after the day, :;1 o? .k.:� . .. RP,01::1T10N. '1'. c l: RIGHT. tin:,, for filing such statement, in IlawtiiI mens !f',1;c, d t x'1;11"1 T. 1-'. AN.D I -Ji 1NCHISE money of the United States, � antic 11,01-f°!it 1't LAY AN f l t'SE PIPES AND th- -i?e a fieri percentage of its gross -�-- right, i,,• IIB' %1 1`1''N"1'i-AANc. ES 'WiZ '1 RA1Nti � ?t k F.1ipi.4 for the calendar -year, by, wt ;,&+:, F1 Al :�ti;� 1)k 'iEt1[.l'i't`:t.;"-zictinnal cttlenda? yc,ar, cerT.ii'i ! !iec' c, i .; NS ;'t;!. :111" _1N . ALL 1'L,R- 1,c•o'c-►-red by such statement. Any c.r it4 Iully a..1:� !'� ::i:�: ', �►.:it. :�.F.�: ':t:. Floss rlF�lec•. omis�don or refusal by after exist, except any franchise construction shall be :-t l,ject 1'.i.i. i`I E., I c ai : grantee tc, file such verified T1?� I► A :[.[• YS _1\Ll :t d',r i 1 �'rcetit- mean the corporation to which c (E[� 1 . i, -i kit JF Laic n..F. - : �t�,, . r t!le times or in the man-_ ` ;E1Et1%..1r-, ;.:E;. 'l•:XlS't'. � .. - jtioi;:. i:4 . horehibeiore p.i'ocided. shall �• •�:c .. c.� .. .. • 21w _z—oundl; for the declaration of f TI1:. d .. .: f-.* '+t *!ti, (Jiv :',l �Sna-fid: k ,.rt►,lure of this franchise and , ?i .. .,: i{�+•f:\`ice :.. c :c 1 W;: j , :. ,ars. i �., slits thereundler. y, .)\ �'� 1. `FICTION FOUR ' qtr':, tiles this -otdillance t111 arai? is made in lieu of, all of : i W 911' fian(:hises. right,, o?' prix- iiit'ci .i re tied. they.: :lt v -es ow,,,4-ca by the grantee, or ; grrz:;•, .• :iia;; c.t:v �zitvee sor of.. the grantee =g'iti" . , i:k►:4 Alit +•., . _:� F ! ;: '•.i,. :k: iE. tltt, fol- tcl :i tit ri:;!it tinder this franchise, theft.' .E'1;i: 11 :: ;°it; . ,:...:i: `.1,ci: i ,;tlesti, iii the it, ,� ' ti' uisinitting an([ distributing the : it•d,Ir .:1 the ,G1tE'yt. w here- ' ' -, -z %vithin the limits of the City, ,► til, , t-,'wl : <:ii clearly lit.- a_ Ga_'ii limits now or may here l;ort a ;t :i+_leTit meaning): after exist, except any franchise construction shall be :-t l,ject (a) The word `Grantee" shall derived under Section 19 of Ar- land the inspection of said Engineer mean the corporation to which ticle XI of the Constitution Of the done to his reasonable satis- •the franchise contemplated in this State of California, as said Sec- faction. All street coverings -or c rdinance is granted and its law- tion existed prior to the amend- openings of traps, vaults, and man- ful successors or assigns; ment thereof adopted October 10, hales shall at all times be kept (b) The word "City'' shall 1911, and the acceptance of the.. flush with the surface of the € mean the City of Anaheim, a nun- franchise hereby granted shall op- streets; provided, however, that ' :cipal corporation of the State of crate as an abandonment of all vents for underground traps. California, in its present incorpor- such franchises, rights and. privil- !vaults and manholes may extend ated form or in any later reorgan- eges within the limits of this City, ' above the surface of the streets ized, consolidated or reincorporat- as such limits no -w or may here- when said vents are located in ed form; after exist, in lieu of which this parkways between the curb and (c) The word "streets" shall franchise is granted. the property- line. mean the public streets, ways, al- SECTION FIVEWhere it is, necessary to lay any leys and places as the same now . . underground pipes through, under or may hereafter exist within said The franchise granted hereunder I City; shall not become effective until or across any portion of a paved (d) The word "Engineer" shall written acceptance thereof shall or macadamized street, the same ' here practicable and economical - mean the City Engineer of the have been filed by the grantee' ly reasonable shall be done by a City; thereof with the Clerk of the City. (e) The word "Gas" shall When so filed, such acceptance tunnel or bore, so as. not to dis- mean natural or manufactured shall constitute � a continuing turb the foundation of such paved gas, or a mixture of natural and agreement of the grantee that if or macadamized street; and in the manufactured gas; and when the City shall thereafter event that the same cannot be so : (f) The phrase "Pipes and ApF annex or consolidate with, addi- done, such work shall be done un- : der a. permit to be granted by the purtenances" shall mean pipe, tional territory, any and all fr'an- Engineer upon application there - pipeline, main, service, trap, vent, chile rights and privileges awned for. ' vault, manhole, meter, gauge, reg- by the grantee therein, except the SECTION TEN : ulatGr, valve, conduit, appliance, franchise derived under the afore - attachment, appurtenance. and any said Constitutional provision, shall If any portion of any street shall Q.tbe�•--�perty - - lo©e tecl< or- -t`o. - be'• likewise be deemed to be Man- . be damaged by reason of defects located in, upon, along, across, un- do•ned within the .limits of such in any of the pipes and appurten- •der or over the streets the City,-' territory. ances maintained or constructed . of and used or useful in the trans- SECTION SIX under rant, or by reason of m fitting and/or distribution of gag: The franchise granted hereunder any other cause arising from the (g) The phrase "lay and use'' shall not in e;ny way or to any ex- operation or existence of any shall mean to lay, construct, erect, tent impair or affect the right of pipes and appurtenances construe- install, operate, maintain, use, re- the City to acquire the property ted or maiftained under this grant, pair, replace, or remove. of the grantee hereof either by said grantee shall, at its own cost SECTION TWO purchase orthrough the exercise and expense, immediately repair' That the right, privilege and of the right of eminent domain, such damage and restore suc-1 franchise, subject -to each and all' and nothing herein contained shall streetor portion of streettb as , , ; of the terms and conditions con- he construed to contract sway good a, condition as existed before .or such defect or other cause of dam- tained in this ordinance, and pur- to modify or abridge, either for age occurred, such work to be suant to the Provisions of the a term or in perpetuity.- the . City's "Franchise Act of 1937," be .and right of eminent domain . in respect. done under the direction of the the same is hereby granted to to the graiit®e or any public util-. igineer, ahs to his reasonable Southern Counties Gas Company ity. Nor shall this :franchise ever satisfaction. r of California, a corporation organ- be given any value before any -� "--- ---- ' ized and existing under and by court or other:pgbM- s 'thority in - virtue of the laws of the State of any procee�dfng,' .Of ,.ala+y'- obaractter California, herein referred to as. in excess of tfir--m." si'.:. W the gran - the "Grantee," to lay and use tee of '- tho. neb"tlhiry , publication pipe% and appurtenances for trans- and any other som paid by it to 1MtEing and distributing gae for" the 'fie: of ilk' , Jill ti[iti1;,.,: • t' , 294 wator, valve, conduit, applianc j attachment, appurtenance and ar I ether proPertx_ looatpd or ,_to__ I located in, upon, along, across, u] der or over the streets of the Cit; and used or useful in the trait witting and/or distribution of ga (g) The phrase `play and use shall mean to lay, construct, eree install, operate, maintain, use, r� pair, replace, or remove. SOCTIoN Two That the right, privilege an franchise, subject 'ta each ' and a' of the terms and conditions col tained in this ordinance, and pti: suant to the Provisions- of tb "Franchise Act of 1937," be an the same is hereby granted 't Southern Counties Gas Compat cf California, a corporation organ iced and existing under 'and b virtue of the laws of the Mate c California, herein referred to- -a the "Grantee,'9 to lay. and us pirmm and apparte } : ' ffiitting and distri�u. g gas is ally andi all purposes. -'ander.,. &101M across or upon the. sW'eets, 4f - th+ City, for an indeterminate term a Period from and after-the.effectiv, date hereof, that is, to say, this franchise shall endure in - fulfforcl and effect until the . same shall with the consent` of the Railroac Commission of the State of Cali fornia, be voluntarily surrenderei or abandoned by its, Possessor, of until the State of California a some municipal - or public corpora tion thereunto duly authorized, bl law shall purchase by voluntar3 agreement or shall - condemn ani ' take under they power of eminenl domain, all pro-Ierty- actually uses and useful in. the exercise of WE franchise, and situate within the territorial limits of the State, mun icipal or public corporation Pur chasing or condedniug such prop erty, or until this franchise shall be forfeited for non-complianc( with its terms by the pos.sgssoi thereof. SECTION THREE The Grantee shall pay to the City at the times hereinafter spe- cified, in lawful money of 'th( United States, as sum annually i1which shall be equivalent -to two per cent (2%) of the gross annual receipts of grantee arising from the use, operation or poesession Of said franchise; provided, how - 1 ever, that such payment shall in no event be less than as sum which shall be equivalent to one per cent. (1%) of the total gross, an- nual receipts derived by grantee from the sale of gas within the limits of the City under this fran- chise, and under any franchise owned by grantee and derived un- der Section 19 of Article XI of the Constitution of California (as said section existed prior to its amend- went on October 10, 1911). The grantee of this franchise shall file with the Clerk. of the { City within three (3) months. Wf ter the expiration of` the calendar year, or fractional calendar year, following the . date of -tile grant of th.isr franchise,. and within three (3) months after the expiration of each and eveiy calendar year thereafter, a duly ver'ifed state- ment showing in detail the total gross receipts.. of the grantee; its rranclzise derived under the afore- said Constitutional provision, shall likewise be deemed to be aban- doned within the limits of such territory. SECTION SIX The franchise granted hereunder shall not in any way or to any ex- tent 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 contract 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 util- ity. Nor shall this franchise ever be given any value before any court or other public authority ' in any proceeding. of any character In excess of the, cost t$ the gran- tee of the necessary publication fid. any.. -,:Qthar _ MM, DWd by it . to.. the City therefor at the time of .the. acquisition thereof. Sl+7C'TIgx , sEjvn i The grantee of this 'franchise shall file a •• 'bond, . , running to 'the City, with, at least. two good and sufficient sureties, to be approv- ed by the legislative body there- of, in a penal sum of $1000.00, conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and conditon of this franchise, and that in case of any breach of con- dition 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 leg- islative body of the City within five (5) days after the date of the granting of this franchise; and in case said bond shall not be so filed, or shall not receive -the ap- proval of the legislative ,body, this franchise • shall be forfeited and any money paid ,to the City in con- nection therewith shall likewise be forfeited. SECTION EIGHT The grantee - of this franchise shall (a) construct, install and main- tain all pipes and appurtenances In accordance ,with and in con- forinity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the leg- islative body of this City. in the exercise. of ' -its police powers and not in conflict with. the paramount authority of the State of Califor- nia, alifonnia, and, As to State highways, subject to the provisions of gen- eral laws relating to the location %nd maintenances o2 such facilities. (b) pay to the City, on demand, U coat of all repairs to public [property made necessary by any operations of the grantee under ;hips, franchise. , (c) indemnify and hold harm- ,es.s the City and its officers from MY and all liability for damages proximately resulting from any ►perations ' undei "this franchise; (d) .remove or relocate, without expense 'to the City, any facilities ln�stalM, used and maintained znder' �thia ' fr94 chile if and when bade -=necessary by any lawful 51r'CTII If any portion be damaged by in any of the pi; ances maintains under this grant any other cause operation or e: Pipes and ap-purt ted or maidtainec said grantee shat and expense, in any such damage street, or portioz good a condition such defect or ot. age occurred, ! done under the Engineer, and t satisfaction.