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ORDINANCE 411B, 1^ 9-1* 4"+ r bi k_�010 (g) all other claims and rights held, owned, oper- ated or claimed under or by virtue of this franchise; but ex- cepting (i) the right to transport gas through the City for use outside the City; and excepting (ii) the right to lay and use all pipes and appurtenances which are used exclusively for the purpose of transporting gas for use outside the City; and which are situated in, on, under and along the streets throughout the City of El Segundo, and to use and occupy the streets in the manner and to the extent necessary for such purpose. (2) the City and /or agency thereof may purchase and take over at any time during the term of this franchise the property and rights in subsection (1) of this section herein enumerated at their physical valuation (together with all severance dam- age) and without compensation for franchise or good will (ex- cept that Grantee shall be reimbursed without accumulation of interest thereon for any sum or sums paid by Grantee to the City for publication costs incident to the enactment of this franchise and any other sum paid by it to the municipality therefor at the time of the acquisition thereof). Said property may be acquired by the City, either upon the payment to Grantee of such sum as may be fixed by the Public Utilities Commission of the State of California or its successors in authority, for the physical value (together with all severance damage) without compensation for franchise or good will (except that Grantee shall be reimbursed without accumulation of interest thereon for any sum or sums paid by Grantee to the City for publication costs incident to the enactment of this franchise and any other sum paid by it to the municipality therefor at the time of the acquisition thereof), or, upon payment to Grantee under the terms and conditions hereinafter provided, of such sum as may be fixed by the majority of a board of five arbitrators appointed - 15 - � a "f in the manner hereinafter in Section XXIV set forth, for the physical value (together with all severance damage) without compensation for franchise or good will (except that Grantee shall be reimbursed without accumulation of interest thereon for any sum or sums paid by Grantee to the City for publication costs incident to the enactment of this franchise and any other sum paid by it to the municipality therefor at the time of the acquisition thereof). (3) at the time said City desires to purchase said prop- erty of said Grantee, it shall notify said grantee, in writing, of its intention so to do, and state therein whether it will require the fixing of the valuation of such property by said Public Utilities Commission of the State of California or by a Board of Arbitrators, and such valuation of the property of Grantee shall be made by the body so designated by said City; (4) said notice shall operate to terminate this franchise (except with respect to the right to transport gas for use out- side the City, together with the right to lay and use all pipes and appurtenances which are used exclusively for the purpose of transporting gas for use outside the City, and which are situ- ated in, on, under and along the streets throughout the City and to use and occupy the City streets in the manner and to the extent necessary for such purpose), as of the date of the con- summation of such purchase. SECTION XXIV In the event arbitrators are designated for the purpose of determining the value of said property, two shall be appoint- ed by the City and two by the Grantee, and the fifth arbitrator shall be selected and appointed by the four arbitrators appoint- ed as herein provided. Said arbitrators shall be appointed within thirty (30) days after declaration by the City of its - 16 - ._j intention to purchase said property of said Grantee. In the event such arbitrators fail to make and file an award within the time hereinafter limited, said arbitrators shall be dis- charged ipso facto, and a new board of five arbitrators shall be appointed in the same manner as the original board. Said Board of Arbitrators shall, immediately upon the appointment of its members, enter upon the discharge of its duties. Any va- cancy in said board shall be filled by the party who made the original appointment to the place becoming vacant. In the event said Grantee shall fail to appoint said arbitrators with- in thirty (30) days after the declaration by the City of its intention to purchase said property of said Grantee, or in the event of the death, disability, or resignation of arbitrators so appointed, and no new arbitrator shall be appointed to fill such vacancy within ten (10) days thereafter, or in the event the four arbitrators appointed by the City and the said Grantee, as hereinbefore provided, shall fail to appoint such fifth ar- bitrator within sixty (60) days after the declaration of the City of its intention to purchase said property of said Grantee, then, upon application either by the City or by said Grantee, after five (5) days' notice in writing to the other party, such arbitrator shall be appointed by the Chief Justice of the Supreme Court of the State of California, and the arbitrator so appointed shall have the same powers and duties as though he had been appointed in the manner hereinabove prescribed. The compensation of all arbitrators shall be mutually agreed upon by the Grantee and the City. The cost of such arbitration shall be shared and borne equally by the Grantee and the City. The award of the arbitrators must be made and filed with the City Clerk of said City within eighteen (18) months after their appointment, and a majority of the arbitrators who agree thereto may make such award. - 17 - 27 9 The value of said property of the Grantee, as determined by said Board of Arbitrators or by the Public Utilities Commis- sion of the State of California, shall be paid to the Grantee in lawful money of the United States within sixty (60) days from and after the time the award of the said arbitrators shall be filed as herein provided, or within sixty (60) days after the decision of the Public Utilities Commission of the the State of California becomes final, or the City shall, within said sixty (60) day period, initiate proceedings to enable the City to issue and sell bonds for said value or any portion thereof, in which event said value shall be paid in full to the Grantee in lawful money of the United States, within six (6) months from and after the time the award shall have been made and filed with the City Clerk, or the decision of the Public Utilities Com- mission of the State of California has become final, as the case may be. SECTION XXV Upon payment by the City to said Grantee, of the value of said property determined by any method in this ordinance provided, then said Grantee shall, by a good and sufficient written instrument, transfer to the City, said property of said Grantee, together with all claims and rights held, owned, operated and, claimed under and by virtue of this franchise, free and clear of all encumbrances, claims, or liens whatso- ever, and said franchise and all rights and privileges there- under, upon such transfer shall, as to said Grantee, ipso facto, terminate, and the said Grantee shall thenceforth be precluded from operating thereunder. SECTION XXVI In the event the City does acquire said property of the Grantee, pursuant to the provisions of this ordinance, the Grantee will permit the said property to be connected with the remaining property of the Grantee located outside of the City upon such terms and conditions as shall be approved by the Public Utilities Commission of the State of California. SECTION XXVII This franchise is not exclusive. SECTION XXVIII Each and every term and condition of this franchise shall bind and be binding upon the successors and assigns of the Grantee hereof. SECTION XXIX 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 distributing gas within the limitsof the City, as said limits now or hereafter may exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION XXX The Grantee shall pay to the City a sum of money suffi- cient 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 Grantee with a written statement of such expense. SECTION XXXI This franchise is granted upon each and every condition herein contained and shall ever be strictly construed against the Grantee. Nothing shall pass thereby unless it be granted in plain and unambiguous terms. Each of said conditions is a - 19 - '[%�?4'r IL• 1 1 material and essential condition to the granting of this fran- chise. Upon neglect, failure or refusal to comply with any of the conditions of this franchise, or any of the terms and con- ditions of this franchise, or any of the terms and conditions of any ordinance now in force or hereafter passed and adopted by the City in the exercise of its police power, during the term hereof, the City Council may thereupon effect a forfei- ture of this franchise, and said City, by its legislative body, in addition to all rights and remedies allowed by law, may thereupon terminate the right, privilege and franchise granted in and by this ordinance, and all rights and privileges of the Grantee pursuant to the provisions of this franchise shall thereupon be at an end. Said Grantee shall thereupon and im- mediately surrender all rights and privileges in and to said franchise, and the City, upon order of its legislative body, may also thereupon immediately remove or cause the immediate removal from said streets of the City of all of the property of the Grantee. No provision hereinbefore made for the purpose of se- curing the enforcement of the terms and conditions of this franchise 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 herein outlined or provided, including forfeiture, shall be deemed to be cumula- tive. SECTION XXXII The Grantee, shall, within forty (40) days from the passage of this ordinance, file with the City Clerk of the City of E1 Segundo, a written acceptance of the franchise hereby granted and an agreement to comply with the terms and conditions thereof, and no rights are hereby conferred until - 20 - 9""411 2 0;y 2 the filing of such acceptance and agreement together with a written approval of same, both as to form and content endorsed thereon by the City Attorney of said City. SECTION XXXIII At the time of the acceptance of this franchise Grantee shall deliver to the City Clerk a written instrument, in form satisfactory to the City, waiving and surrendering all of the franchise rights and privileges in lieu of which this fran- chise, by its terms, is granted. SECTION XXXIV (a) Any written notice herein required to be given by the City, or any of its officers or agents, to the Grantee, shall be deemed to have been duly served if delivered in per- son to any officer of the Grantee or to its local agent or manager, or if sent by registered mail to the postal address of the Grantee. (b) Any written notice hereby required by the Grantee to be given to the City, or any of its officers or agents, shall be deemed to have been duly served if delivered in per- son to the individual for whom it is intended, or to the City Clerk of the City, or if sent by registered mail to the post- al address of said City Clerk of said City. SECTION XXXV is Whenever in this ordinance any right or duty /imposed upon the legislative body of the City or any officer thereof, such right or power shall inure to and be exercised by, and such duty shall be imposed upon such body, board or officer of the City as may by law hereafter succeed to their respective rights, powers and duties. All of the rights and powers con- ferred or duties imposed upon the City in its present incor- porated form shall inure to and be exercised by and be imposed - 21 - 2' 7(_1113 upon said City in any future rearganized, consolidated, en- larged or reincorporated form. SECTION XXXVI The City hereby reserves any right which it now has or may acquire during the term of this franchise under authority of any grant of power through the laws of the State of Cali- fornia or of the United States, to impose upon the Grantee, any license, privilege, regulatory, business or occupation taxes or fees or taxes upon real estate or other property own- ed by Grantee within said City and nothing contained in this ordinance shall ever be construed as a limitation upon such right or rights. SECTION XXXVII The Grantee shall file each year during the term of this franchise with the City Clerk of the City a photostatic copy of the annual report of the Grantee filed with the Public Utilities Commission of the State of California, or its suc- cessors in authority, as now required by the Public Utility Act, or as required by any other Act of the Legislature of the State of California in lieu thereof, as soon as practicable after the original thereof has been filed with said Commis- sion, or its successors in authority. SECTION XXXVIII Wherever the term "Grantee" is used in this franchise, the meaning shall also include the successors and assigns of said Grantee. SECTION XXXIX The Grantee, upon acceptance of this franchise, agrees to execute and deliver to the City a bond of a corporate sure- ty, approved by said City Council, as permitted by Section 6301 of the Public Utilities Code of the State of California, -zz - 2','i"(14 entitled to do business in the State of California, in the penal sum of One Thousand Dollars ($1,000.00) which runs in favor of and to the said City of E1 Segundo, a municipal cor- poration of the State of California, and is conditioned that the said Southern California Gas Company shall well and truly observe, fulfill and perform each and every term and condi- tion of this franchise, and that in case of any breach of con- dition of said bond the amount of the penal sum therein named shall be recoverable from the principal and surety upon such bond, and which bond the Grantee agrees to keep in full force and effect during the term of said franchise. SECTION XL The use of the singular number herein shall include the plural, and the use of the plural number shall include the singular. SECTION XLI This ordinance is adopted pursuant to the provisions of the Franchise Act of 1937, being Chapter 2 of Division 3 (Sec- tions 6201 to 6302, both inclusive) of the Public Utilities Code of the State of California. All of the provisions of said act, insofar as they are applicable to a gas utility operating under the provisions of this franchise, are hereby referred to and by this reference incorporated in this ordi- nance, to the same extent as though fully set forth herein; and in case of any discrepancy the terms of said Franchise Act of 1937 shall be controlling. SECTION XLII That this ordinance shall take effect and be in full force and virtue thirty (30) days from and after the date of the final passage and adoption thereof. SECTION XLIII That the City Clerk shall certify to the passage and adoption of this ordinance; shall make a minute of the passage - 23 - and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted; and within 15 days after the adoption thereof shall cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circu- lation, published and circulated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 24th day of September , 1952. ATTEST: City Clerk (SEAL) - 24 - Mayof/o he City o E1 Segundo, California. 2 v.a 1e p. a 4_.ca 2716 x6 STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. ) I, Neva 1�. Elsey, City Clerk of the City of El Segun- do, California, do hereby certify that the whole number of mem- bers of the City Council of the said City is five; that the fore- going ordinance, Being Ordinance No. 411 . was passed and adopted by the said City Council, approved and signed by the pro tem Iviayo.E/ of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 24th day of September , 1952, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon, Swanson and Mayor pro tem Peterson: idOE5: Councilmen None; ABSENT: Councilmen Selby. WITNESS my hand and the official seal of said City this 24th day of September , 1952. ( SEAL) City Clerk of the C'ty of El Segundo, Califo nia. - 25 - STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, SS. CITY OF EL SEGUNDO. I, Neva M. Elsey, City Clerk California, do hereby certify that ti of the City Council of the said City going ordinance, being Ordinance No. correct copy of Ordinance No. 411 Segundo, California, entitled: 0 �►�1 ry lc /, of the City of E1 Segundo, Ze whole number of members is five; that the fore - 411 , is a full, true and of the said City of E1 "AN ORDINANCE OF THE CITY OF EL SEGUNDO GRANTI14G TO THE SOUTHERN CALIFORNIA GAS COMPANY, A CALI- FORNIA UTILITY CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE, RIGHT AND PRIVILEGE TO USE FOR TRANSI4TITTING AND DISTRIBUTING GAS WITHIN THE CITY OF EL SEGUNDO, FOR ANY AND ALL LAWFUL PURPOSES, ALL GAS PIPES AND APPURTENANCES WHICH ARE NOWJ% OR MAY HEREAFTER BE, LAWFULLY PLACED IN THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AND TO LAY AND USE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL PIPES AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES, FOR AN INDETERMINATE PERIOD. 11, which was duly passed and adofPey the said City Council, ap- proved and signed by the IviayoJ o esaid City, and attested by the :y City Clerk of said City, all at a regular meeting of the said Council held on the 24th day of September , 1952, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon, Swanson and Mayor pro tem Peterson: NOES: Councilmen None; ABSENT: Councilmen Selby. I do hereby further certify that pursuant to the pro- visions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 411 was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circu- lated within the said City and that the same was so published therein on the following date, to wit: Oct. 9. 1952 • '-I� w, - " - City Clerk of the ity of El Segundo, Cali rnia. (SEAL) Af f idavit of Publication STATE OF CALIFORNIA, 1 COUNTY OF LOS ANGELES, } ss. CITY OF EL SEGUNDO, Aci 1 D". AV 1 S ,,,, , , , , , , , , , being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that hp was, at, and during all of the time of the Publication of the instrument hereunto attached the...... ....... ............................... Zd J to. r............................ ............................... Editor of EL SEGUNDO HERALD, a newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newsapaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times here- in mentioned, a newspaper of general circulation within the meaning of Section 4469 of the Political Oode of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper Is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mention devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page....... numbered ............................................................................. ............................... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or Instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that. the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the..... O.Ldinane..no•.••4.11...( Grant ••to••South - ern•- Gollf.••Gaa) of which the annexed is a printed copy as hereinabove stated, was published and printed in said newspaper at least.. 9!*-. • • .week...., by... On¢. ....... consecutive publication...., commencing on the ..... ? rA . day of .... QC.fi Q b ar............. A.D. 19..5$ and ending on the........ 2nd ........ day of .....Qc.tober. • • • • • • • • • • • • .A. D. 19..5$ and as often during said time as said newspaper was regu- larlyissued to - wit : ...... .. . One ........ .time . .. .............................. ............................... October2, . 1952 ....................... ............................... aAAAq Subscribed anccccc����� worn to before me this.." ... / � day of ..... ......... A. D. 19.`x... ... .. City Clerk of the City of El Segundo, unty of Los Angeles, State of California. RY ...�. l✓S .. .. .. ...... U Deputy City- Clerk of said City.