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ORDINANCE NO. 14
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AN ORDINANCE OF THE CITY OF ATASCADERO
GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY,
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 City Council of the City of Atascadero 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 Atascadero, 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 !
( P � Y
alleys and places as the same now or may hereafter exist within
said City
(d) The word "Engineer" shall mean the Public Works Director
of the City;
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Code of the State of California, known as the Franchise Act. of 1937 , be
and the same is hereby granted to Southern California Gas Company, 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 andallpurposes , 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
Public Utilities 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 voluntary 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
franchise 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, however, that such payment shall in no event be
less than one per cent ( l% ) of the gross annual receipts of the Grantee
derived from the sale of gas within the limits of the City under this
franchise.
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
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 acceptance shall
' constitute a continuing agreement of the Grantee that if and when the
City shall thereafter annex or consolidate with, additional territory,
any and all franchise rights and privileges owned by the Grantee
therein 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 to 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
( 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 paramount 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
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(e) file with the legislative body of the City within thirty ( 30 )
days after any sale, transfer, assignment or lease of 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 authorized officers .
SECTION EIGHT
' 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
1 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
unreasonably 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 NINE
If any portion of any street shall be damagedbyreason 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 ,
=nxT ct.,r•h clamgnP anrl_.re.-,.tc)resuch street . or Portion.
' SECTION ELEVEN
' 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 TWELVE
Not later than 'thirty ( 30 ) days after the 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 THIRTEEN
The City Clerk shall certify to the adoption of this ordinance and
shall cause the same to be published once in the
Atascadero News
Attest
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j AC1t Cleric M or
MU RAY WAYRDEN ROBERT J. WI KINS, JR.
' I hereby certify that the foregoing ordinance was adopted by the
City Council of the City of Atascadero
on the 28th day of January ► 1980 by the
following votes :
Ayes :
' Councilmen Highland, Mackey;
Nelson and Mayor Wilkins
Noes :
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' CERTIFICATION
I hereby certify that the foregoing is a full, true,
' and correct copy of Ordinance No. 14 passed by the
Atascadero City Council at its regular Council meeting held
on January 28, 1980
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MUR Y L WARDEN, City Clerk
Ci y of Atascadero, California,
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