ORDINANCE 49124
ORDINANCE NO. 49
AN ORDINANCE GRANTING TO SOUTHERN CALIFORIIIA GAS COLIPAIdY,
A CORPORATION, A FRAI-ICHISE OF ME RIGHT FOR A P.SRIOD OF
FORTY YEARS FROM THE GRANTING THEREOF TO LAY, CONSTRUCT,
YulINTAIN AND OPERATE A SYS TM OF PIPES LID PIPE LINES IN,
UNDER AIM ALONG TIM, PUBLIC STREETS, HIGEN.A a, ALLEYS AND
PLACES IN THE CITY OF EL SEGUNDO, CALIFORNIA, FOR THE
PURPOSE OF SUPPLYING THE SAID CITY AND ITS INHABITAPTTS
WITH GAS FOR LIGHTING, HEATING AND ALL OTHER PURPOSES FOR
'vVhICH GAS MAY BE USED.
IiHERRAS, on the 11th day of December, 1918, Southern
California Gas Company, a corporation, organized and exist-
ing under the laws of the State of California, filed with
the Board of Trustees of the City of E1 Segundo, California,
an application in writing requesting the said Board of
Trustees to advertise for sale and sell the franchise here-
inafter set forth, and,
'MREAS, said Board of Trustees by resolution duly
passed and adopted at a meeting of said Board of Trustees
held on the 18th day of December, 1918, resolved to grant
said franchise for the term of forty years upon the terms,
conditions and restrictions imposed and required by law and
by the said resolution so passed as aforesaid, and,
WHEREAS, said Board of Trustees further resolved
that sealed bids for said franchise be received by said
Board of Trustees up to the hour of eight o'clock P. M. on
the 1Zth day of February, 1919, and that said bids be pub-
licly opened at said last mentioned time and date and that
said franchise be thereupon struck off, sold and awarded to
the person, firm or corporation making the highest cash bid
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therefor, in the manner provided by law, and at said meet-
ing said Board of Trustees did by resolution prescribe and
fig the sum of Five Hundred Dollars (500000) to be the penal
sum or amount of the bond required by law to be filed by the
successful bidder for said franchise, and,
WHEREA S, said Board of Trustees did by the aforesaid
resolution authorize and direct the City Clerk of said City
of El Segundo for and on behalf of said Board of Trustees to
advertise in the manner and for the period required by law,
statements of all the aforesaid facts and matters, together
with statements of all other facts and matters in connec-
tion with the granting of said franchise as required by law
to be advertised and published, and,
WNEREA , it appears to this Board of Trustees by af-
fidavits of publication on file with this Board that in
pursuance of said order of said Board of Trustees said City
Clerk did, as required by law, advertise and publish state-
ments of all the aforesaid facts and matters, together with
statements of all other facts and matters in connection
with the granting of such franchise, said advertisement and
publication being made for and during the time and in all
respects in the manner required by law, and said publication
and advertising being completed not less than twenty (20)
days, nor more than thirty (30) days, before any further ac-
tion on said franchise was taken by the said Board of
Trustees, and,
WHEMI.IiS, thereafter such action was taken by said Board
of Trustees upon said application of Southern California Gas
Company in accordance with the law in such case made and
provided; and on the 13th day of February, 1919, after due
notice given as provided by law in every particular ae above
set forth, said franchise was by resolution duly struck off,
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sold and awarded by said Board of Trustees to said Southern
California Gas Company, its successors and assigns, as the
highest bidder therefor, for the sum of y,an =rr. ���s:ti� Aj "j)
5A4ArtV_Vi4A _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars
(� �75.Q0 ) in gold coin of the United States of
America, and,
PHEHE.dS, said Southern California Gas Company has de-
posited with the City Clerk of said City of E1 Segundo in
the manner and in the time required by law the full amount
of said bid of Two iziu7ld; ed ;i uci >7eyeii +.v- 'iv s - - - - - -
- - - -- - - - - - - - - -- - Dollars L5 ) ) , in gold
coin of the United States of America, and,
'VHEBEL;S, said 'Southern California Gas Company did
after said franchise was so struck off, sold and awarded to
it, and within five (5) days thereafter, file with said
Board of Trustees a bond running to said City of El Segundo
in the penal sun of Five Hundred Dollars ( X500„00), being
the amount heretofore fixed by said Board of Trustees as
the penal sum of said bond, which said bond was a good and
sufficient bond and was in all respects as required by law,
and was thereon and heretofore, and is hereby, duly ap-
proved by said Board of Trustees,
NOW# THEiLIFO ZI the Board of Trustees of the City of
El Segundo do ordain as follows:
SECTI0I1 I. That there be and there is hereby grant-
ed to Southern California Gas Company, a corporation, or-
ganized and existing under the laws of the State of Cal-
ifornia, its successors and assigns, a franchise of the
right for a period of forty (40) years to lay, construct,
maintain and operate a system of pipes and pipe lines in,
under and along the public streets, highways, a2 leys and
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places in the City of El Segundo, for the purpose of
supplying the said City and its inhabitants with gas
for lighting, heating and all other purposes for which
gas may be lawfully used. Together with the right dur-
ing said period to furnish and distribute gas through
said pipes and pipe lines within the City of E1 Segundo
and to collect the earnings, tolls and charges for the
gas so furnished.
SECTION: II. Said Southern California Gas Company,
its successors and assigns, is hereby granted said
franchise upon and subject to the terms and conditions
hereinafter contained, and the said grantee of said
franchise, and /or its successors or assigns, shall
file written acceptance of said terms and conditions
with the City Clerk of said City of El Segundo within
thirty ( 30) days after the passage of this ordinance.
Said terms and conditions are as follows:
1. That the grantee of said franchise, his, its
or their successors or assigns, shall prosecute the
work of laying pipes thereunder diligently and in good
faith, so as to meet and fill the reasonable needs of
the inhabitants of the said City of E1 Segundo.
2. That the grantee of said franchise, his, its
or their successors or assigns, shall have the right
to construct and maintain snob traps and manholes as
may be necessary to afford proper access to said pipes
and pipe lines for cleaning and maintaining the same,
and said traps and manholes shall at all times be kept
flush with the surface of the streets and thoroughfares,
and so located as to conform to any order of the Board
of Trustees of said city in regard thereto, and not to
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interfere with the use of said streets and thorough-
fares for travel, water mains or permanent culverts.
3. The grantee of said franchise, his, its
or their successors or assigns, shall have the right,
subject to such regulations as are now, or may here-
after be in force, to make all necessary excavations
in any such streets and thoroughfares for the con-
struction and repair of such pipes, pipe lines, traps
and manholes.
4. That all persons residing along the line of
said pipe lines and within a reasonable extension
thereof, shall be entitled to receive therefrom an ad-
equate supply of gas for domestic or manufacturing
purposes, or both, and that the gas to be furnished and
distributed through said pipe lines shall be of good
quality, free from injurious ingredients, and of suf-
ficient purity to be suitable for both domestic and man-
ufacturing use; and that the grantee of said franchise,
his, its or their successors or assigns, shall, upon
written request from any person residing along the line
of said pipe lines, and upon payment by the applicant
of all money due from him, at his, its or their own cost
and expense, as provided by law, furnish to such person,
an adequate supply of such gas for domestic or manufac-
turing use, or for both.
5. That all pipes and pipe lines shall, in all
cases where practicable, be laid in the parkways and
alleys of said city and shall be laid not less than
two ( 2 ) feet underground, and not less than two (2 )
feet below the established grade of streets under which
said pipes are laid, and unless the Board of Trustees
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shall otherwise direct, when it is necessary to
lay the same in a street or highway, shall be laid
along the sides of the street or highway, and shall
be within 15 feet from the property line in all
highways sixty (60) feet or less in width., and with-
in five (5) feet of the curb line in all other
streets; and where it is necessary to lay said pipes
or pipe lines through the border of any macadamized
or paved roadway, the same shall be restored to its
original condition, and in the event it is necessary
to cross any portion of a macadamized roadway, the
same shall be done by a tunnel or bore so as not to
disturb the foundation of such macadamized road, and
in the event the same cannot thus be done, the said
crossing shall be made under special permit to be
granted by the Board of Trustees upon application
therefor, said application to be accompanied by a
drawing, specifications and explanations showing the
f
necessity for the same.
6. That during the laying or repairing of any
suoh pipes or pipe lines, any trench or excavation
made for such purpose shall, at night -time, from sun-
set to sunrise, be barricaded and protected by lights
placed at distances of not more than one hundred (100)
feet in distance apart, along such trench or excava-
tion, and also at all street and alley intersections,
sufficient to protect the public from danger.
7. That the pipe lines constructed or maintained
under the provisions of this franchise shall be construc-
ted and maintained in accordance and conformity with
all of the ordinances, rules and regulations now in
force, or that may hereafter be adopted and prescribed
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by the Board of Trustees of said city; and the
grantee, his, its, or their successors or assigns,
before commencing any work of construction here-
under, shall make application for, and obtain, aAy
permit then required by ordinance or general law then
in force.
B. That the work of laying and repairing such
pipes or other appliances shall be conducted with the
least possible hindrance to the use of said streets
for the purpose of travel, and as soon as the laying
or repairing of any pipes or appliances is completed,
all portions of the streets, alleys or public places
which have been excavated or otherwise injured thereby,
shall be placed in as good condition as the same were
in before the laying of such pipes, and to the satisfac-
tion of the Board of Trustees of said City. That the
grantee of said franchise, his, its, or their successors
or assigns, shall indemnify said City and the officers
thereof, against and from all liability to any person
or persons arising from damage or injury suffered by any
person or persons, by reason of any excavation being im-
properly guarded during said work.
9. That the City of E1 Segundo reserves the right
to change the grade of any street or portion thereof
over which said franchise shall be granted, and the gran-
tee of said franchise, his, its, or their successors or
assigns, shall at once, at his, its or their own cost and
expense, change the location of all pipes and other appli-
ances laid under said franchise, so as to conform to said
changes of grade, as hereinbefore provided, without any
recourse for damages whatsoever against the City of E1
Segundo on account thereof. That if any portion of any of
said streets shall be damaged by reason of leaks in any
pipe laid under said franchise, or by reason of any other
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cause arising from the operation or existence of said
pipes, the grantee of such franchise, his, its or
their successors or assigns, shall, at his, its or
their own cost and expense, with all reasonable dil-
igence, repair such damage and put said street in as
good condition as before such leak, or other cause of
damage occurred, to the satisfaction of the Street
Superintendent of said City.
10. That if the grantee of said franchise, his,
its or their successors or assigns, shall fail to com-
ply with any of the written instructions of said Board
of Trustees, or the Street Superintendent of said city,
with respect to the location of any portion of said
system of pipes, or pipe lines, or the repair of any
damage to said streets or thoroughfares, within ten
(10) days after the service of a written notice upon
said grantee, his, its or their successors or assigns,
requiring compliance therewith, then said Board of
Trustees or Street Superintendent may immediately do
whatever work is necessary to carry out said instruc-
tions, at the cost and expense of said grantee, his,
its or their successors or assigns, which costs, by
the acceptance of said franchise, said grantee, his,
its or their successors or assigns, agrees to pay on
demand.
11. That the Railroad Commission of the State of
California, or other legally constituted regulatory
authority, having jurisdiction over rates to be charged
by the grantee herein, shall have the right to regulate
and fix the reasonable charges of said grantee, his, its
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or their successors or assigns, for gas furnished
and distributed through said pipes and pipe lines.
12, That the said grantee, his, its or their
successors or assigns, shall, during the life of
said franchise, pay to the City of E1 Segundo, in
lawful money of the United States of America, two
per cent. (2 %) of the gross annual receipts of such
grantee, his, its or their successors or assigns,
arising from the use, operation or possession of
said franchise. No percentage shall be paid for the
first five years succeeding the date of said fran-
chise, but thereafter such percentage shall be payable
annually.
13. And it shall be the duty of the grantee
of said franchise, and of his, its or their successors
or assigns, to file with the Clerk of the City of E1
Segundo, at the expiration of six years from the date
of the granting of said franchise, and at the expira-
tion of each and every year thereafter, a statement
verified by the oath of said grantee, his, its or their
successors or assigns, or by the oath of the manager or
other proper officer of said grantee, his, its or their
successors or assigns, showing in detail the total gross
receipts and gross earnings collected or received by
said grantee, his,, its or their successors or assigns,
during the preceding twelve months, arising from the
use, operation, or possession of said franchise. And
within ten days after the date for filing the aforesaid
statement, it shall be the duty of the said grantee, his,
its or their successors or assigns, to pay to the City
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Treasurer of the City of E1 Segundo, the aggregate
sum of the said percentage upon the amount of the
gross annual receipts arising from the use, opera-
tion or possession of said franchise, and if the
amount is incorrect in the judgment of the Board of
Trustees of said city, they may order the payment of
such additional sum as they may find due hereunder,
and if not paid, the same may be collected by suit;
and to enable said Board to ascertain the true per-
centage or amount payable, said Board, or any duly
authorized agent of said Board, shall at any reason-
able time or times, have access to all books, accounts
and records of said grantee, his, its or their succes-
sors or assigns, which may be material to said matter;
and any neglect, ommission or refusal by said grantee,
his, its or their successors or assigns, to file said
verified statement or to permit said inspection, or to
pay the said percentage of the said gross annual re-
oeipts at the times and in the manner hereinbefore
provided, shall ipso facto work a forfeiture of said
franchise and of all the rights thereunder to the City
of E1 Segundo.
14. That said grantee, or his or its or their
successors or assigns, shall not sell, transfer or
assign, or lease said franchise or any part thereof,
or any of the rights or privileges granted thereby,
except by a duly executed instrument in writing execu-
ted by both assignor and assignee, filed in the office
of the C V Clerk of said City; and in said instrument
said assignee shall expressly accept and assume with
said assignor and in favor of said city, all of the
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obligations contained in said franchise to be kept
and performed by the grantee, and nothing in said
franchise contained shall be construed to grant to
said grantee, or his, or its or their success crs or
assigns, any right to sell, transfer, assign, or
lease said franchise, or any of the rights or priv-
ileges thereby granted, except in the manner afore -
saicl, nor in any manner in case of such assignment
to relieve the assignor of any obligation accrued or
to accrue, and upon his, its or their part to be per-
formed under said franchise.
15. That the granting of said franchise or any
of the terms and conditions therein contained shall
not be construed to prevent the City of E1 Segundo
from granting any franchise to ary person, firm or
corporation, other than said grantee, or his, its or
their successors or assigns, for the same or similar
purposes.
16. That any neglect, failure or refusal to
comply with any of the conditions of said franchise,
shall operate as a forfeiture thereof, and the said
city, by its Board of Trustees, may thereupon, after
notice of at least ten days unto the said grantee,
its, his or their successors or assigns, and a hear-
ing had at the time designatedin such notice, declare
said franchise forfeited and may exclude said grantee,
his, its or their successors or assigns from further
use of the said streets and thoroughfares under said
franchise, and said grantee, or his, its or their
successors or assigns shall thereupon immediately sur-
render all rights in and to the same, and said franchise
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shall be deemed and shall remain null and void and
of no effect.
SECTION III. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
published by one insertion in the L1 Segundo Herald, a
weekly newpaper of general circulation printed, publish-
ed and circulated within said City, and which is hereby
designated for thL:t purpose.
This ordinance shall take effect thirty (30) days
after the final passage thereof.
Passed end approved this 19th day of
F ebr tzary 19191
resi en o e Boar Trus ees
of the City of El Segundo.
STATE OF CALIFORNIA,
COUNTY OF LOS ADGELES,
CITY OF EL SEGUIDO.
SS .
)
I. Victor D. McCarthy, City Clerk of the City of
E1 Segundo, California, do hereby certify that the fore-
going
ordinance, being
Ordinance
140.
49
was
3r'-Son, ?,'artin, :ork9
passed
by the Board of
Trustees
of said
City,
signed by
the President of said Board, and attested by the City
Clerk, all at a regular meeting of said Board held o:.
the 19_ day of -7, e n—,ar., , 19192 and that
the same was
passed by
the following vote:
AYES:
Trustees
3r'-Son, ?,'artin, :ork9
and 'ue,;e-r.
NOEh: Trustees None.
ABSZ11T :Trustees 'lard.
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