I. Southern California Gas Company - ORDINANCE NO. 106

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELANO, COUNTY OF KERN, STATE OF CALIFORNIA, GRANTING A FRANCHISE AND PRIVILEGE TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, USE, REPAIR, REPLACE, AND/OR REMOVE A SYSTEM OF CONDUITS, MAINS AND PIPELINES, IN, UPON, UNDER, ALONG AND ACROSS THE PUBLIC STREETS AND HIGHWAYS OF SAID CITY.

The City Council of the City of Delano, County of Kern, State of California, do ordain as follows:

Section 1. The City Council of the City of Delano, County of Kern, State of California, does hereby declare that the Southern California Gas Company, a California Corporation, made an application by petition in writing, filed January 30th, 1930, to said Council for a franchise and privilege hereinafter described, that said application came on regularly the 3rd day of February, 1930, to be heard and considered by said Council and thereupon, on motion duly made, seconded, passed, carried and adopted, it was declared and stated that said Council proposed to grant said franchise and privilege, the same to continue for the term of twenty-five (25) years from and after the date of granting the same, upon the terms and subject to the conditions and restrictions in said order and hereinafter stated: that in and by said motion it was further ordered that the fact of said application for said franchise and privilege, together with a statement that it proposed to grant the same upon said terms and subject to said conditions and restrictions, be made by the Clerk of said Council by publication in the Delano Record, a weekly newspaper, published in said City for the time and in the manner provided by law.

Section 2. That said Council does further declare that said advertisement containing all the statements required by law was duly published in said newspaper for the time and in the manner required by law, and said order of said Council; and that said Council met in open regular session at the office of said Council at the City Hall in the City of Delano, County of Kern, State of California, on the 7th day of April, at 8:00 o'clock P.M. and then and there opened and read the bids for said franchise and privilege: that Southern California Gas Company, a Corporation, made the highest bid therefore, to-wit; the sum of One Hundred ($100.00) Dollars, said sum was the highest and only sum bid or offered therefore, and that said franchise and privilege was thereupon by said Council, struck off, sold and awarded to said Southern California Gas Company; that said Southern California Gas Company has filed with said Clerk of said Council the total sum aforesaid by certified check payable to the City Treasurer of said City of Delano in the penal sum, in the form, and with the terms and conditions required by law and the order of said Council; that said bond has been regularly approved by said Council.

Section 3. There is hereby granted to said Southern California Gas Company, a Corporation organized and existing under and by virtue of the laws of the State of California, and having its principal place of business in the City and County of Los Angeles, State of California, and its successors and assigns, the franchise and privilege to lay, construct, operate, maintain, use, repair, replace, and/or remove a system of conduits, mains and pipelines, together with such valves, fittings, and other equipment as the grantee or grantees, its successors and assigns may deem necessary or convenient, in, upon, under, along and across the public streets and highways in the City of Delano, County of Kern, State of California.

Together with the right to carry, transport, convey, conduct, and distribute gas in and through said system of conduits, mains and pipelines, in, through, and along said public streets and highways for the purpose of supplying said City and its inhabitants with gas, for light, heat, and power purposes.

Section 4. Said franchise and privilege shall continue for a term of twenty-five (25) years from and after the date of granting the same.

Section 5. The grantee of said franchise and privilege, its successors or assigns, shall in good faith commence work to lay said system of conduits, mains and pipelines and to construct the same within not more than four months from the granting of said franchise and privilege and shall thereafter diligently prosecute said work in good faith.

Section 6. Any pipeline laid, located or maintained under said franchise and privilege shall be so placed as not to interfere with the use of said public highways or streets by the traveling public or for public purpose to any greater extent than is reasonably necessary; and in laying said pipeline, the grantee of said franchise and privilege shall fill the trench and leave the surface of the street or highway in as good condition as it was prior to excavating for laying said pipeline; and any pipeline or manhole, laid or maintained, under said franchise and privilege, shall be laid, located and maintained in conformity with instructions given by and to the satisfaction of the City Engineer or City Council of said City of Delano, and the grantee, its successors or assigns, shall hold the City of Delano harmless from all damage resulting from the laying, use or operation of said pipeline.

Section 7. The City of Delano shall have the right to change the grade of any street or highway over which this franchise is granted, and the grantee of said franchise and privilege, its successors or assigns shall change the location of all pipelines and other appliances laid hereunder to conform to such change of grade. If the grantee or grantees of said franchise and privilege shall fail to lay, locate and maintain any pipelines as above provided or repair any damage to any public street, or highway, within ten days after written notice, the said City Council shall have the right to do such work and charge said grantee or grantees therefore; and the grantee or grantees shall pay the same.

Section 8. The Grantee of said franchise and privilege, its successors or assigns, must, during the life of said franchise and privilege, pay to said City of Delano in lawful money of the United States, two percent (2%) of the gross annual receipts of said grantee, its successors or assigns, arising from the use, operation or possession of said franchise and privilege. No percentage shall be paid for the first five years succeeding the date of said franchise and privilege, but thereafter such percentage shall be payable annually; and in the event said payment is not made, said franchise and privilege shall be forfeited. Commencing at the end of six years from the date of granting said franchise and privilege and each and every year thereafter the grantee or grantees shall file annually, a statement of its gross receipts arising from the use, operation, or possession of the franchise.

Section 9. The grantee of said franchise and privilege shall, within twenty days after the passage of the ordinance granting said franchise and privilege, file with the City Council of the City of Delano, a written acceptance of the terms and conditions of such ordinance; and said franchise and privilege shall be granted upon each of the conditions and provisions herein contained, and in consideration of the promise of the grantee thereof to keep and observe each of such conditions and provisions herein expressed to be kept and observed by it; and in the acceptance of said franchise the grantee shall agree to keep and observe each of said conditions and provisions.

Section 10. Said franchise and privilege shall not be exclusive.

Section 11. If at any time the City Council shall deem the Surety or Sureties on the bond filed by the Grantee under this franchise, unsatisfactory, they shall have the right to demand a new Surety or Sureties in lieu thereof, within thirty (30) days, and said bond shall be kept good during the life of this franchise.

Section 12. The neglect, failure or refusal on the part of said grantee, its successors or assigns, to comply with, keep and observe the terms and conditions of said franchise and privilege, shall be a cause for forfeiture of said franchise and privilege.

Passed, adopted and approved this 21st day of April, 1930.

	HARRY H. JUCKSCH,
	Mayor of the City of Delano.
Attest:	SCOTT G. LADD,

 

City Clerk and ex-Officio Clerk of said City Council of the City of Delano, State of California.

City of Delano, County of Kern, ss.

I, Scott G. Ladd, Clerk of the City of Delano, do hereby certify that the foregoing Ordinance, Number 106, was passed and adopted by the City Council of said City at a regular meeting of said Council, held on the 21st day of April, 1930, by the following vote, to-wit.

Ayes: Councilmen Allen, Haberfelde, Jucksch, Stradley and Turner.

Noes: None

Absent: None.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City Council this 21st day of April, 1930.

SCOTT G. LADD.

City Clerk of the City of Delano and ex-Officio Clerk of the City Council thereof.