HomeMy WebLinkAboutReso 1972-6617RESOLUTION NO. 6617
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO GRANT GAS FRANCHISE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, San Diego Gas & Electric Company, a California
corporation, has filed with the Council of the City of Chula Vista an
application requesting that a franchise be granted to it of the char-
acter and for the purposes set forth in the public notice published
September 14, 1972; and
WHEREAS, the City Council determined at a public hearing
held Tuesday, September 26, 1972 that it was appropriate to modify
the terms and conditions thereof; and
WHEREAS, in the opinion of said Council the public good
requires that a franchise be granted in the form marked as Exhibit
"A", and attached hereto and incorporated herein by reference as if
set forth in full.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista intends to consider the granting of said franchise,
being the ordinance marked Exhibit "A", that hearing of objections to
the granting thereof will be held at the time and place specified in
the form of notice hereinafter set forth which the Clerk of the City
is hereby directed to publish at least once within fifteen days after
the passage of this resolution in the Chula Vista Star News, a news-
paper of general circulation within said City, and that said notice
shall be in the following words and figures: NOTICE OF INTENTION TO
GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that the Council of the City of
Chula Vista, after due deliberation, intends to grant San Diego Gas
& Electric Company a franchise for a period of twenty-five (25) years
pursuant to Sections 1400, 1401, 1402, 1403, 1404, 1405 and 1406 of
Article XIV of the Charter of the City of Chula Vista to install,
maintain and use pipes and appurtenances under, along, across and
upon the public streets and places within said City for transmitting
and distributing gas to the public for any and all purposes.
If said franchise shall be granted to it, said San Diego Gas
& Electric Company, its successors and assigns, hereinafter designated
grantee shall during the life thereof agree to pay to said City two percent
of the gross annual receipts of said grantee, derived by grantee from
the sale of gas within the limits of said City, provided however that
such payment shall in no event be less than the dollar amount paid for
such franchise privilege by grantee to the City for the calendar year
1971.
Said percentage will be paid annually from the date of the
granting of the franchise applied for. First annual payment to be made
within three months and fifteen days after the expiration of the calendar
year 1972. Subsequent annual payments will be made within three months
and fifteen days after the termination of each and every calendar year
thereafter. In the event such payments shall not be made, said franchise
will be forfeited. Said City Council proposes to grant said franchise
for a twenty-five year period.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons having
objections to the granting of said franchise may appear before said
Council at the City Hall of said City at the hour of 7:00 p.m., on Tuesday,
the 24th day of October, 1972, and be heard thereon; and
NOTICE IS HEREBY FURTHER GIVEN that at any time not later than
the hour so set for hearing objections, any person interested may make
written protest stating objections against the granting of said franchise,
which protest must be signed by the protestant and delivered to the City
Clerk of said City, and the Council shall at the time set for hearing
said objections proceed to hear and pass upon all protests so made; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise
must within five days after the date of granting same file with the Council
of said City a bond in the penal sum of one thousand ($1,000.00) dollars
running to said City with at least two good and sufficient sureties or
one good and sufficient corporate surety to be approved by said Council,
conditioned that such grantee shall well and truly observe, fulfill and
perform each and every term and condition of said franchise and that in
case of any breach of condition of said bond occurring, 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.
For further particulars reference is hereby made to said
application filed as aforesaid in the office of said Council.
By order of the Council of the City of Chula Vista.
C rk of the Cit of Chula V' to
~'~~i~
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 3rd
by the following vote, to-wit:
day of October , 19 7 2,
AYES: CUUnc~:.2men Egdahl, Scott, Hobel, Hamilton, Hyde
NAYES: Caunc~%.~2.men
ABSENT: C~unc~.~2men
None
None
~C~,Y!,,c~C2-'~
aya~c ~~ ~ e ~:~y ~~ C u~.a V~. ~a
ATTEST ~J
/ ~ s
.l. ~ e h
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
1, J~NNI~ M~ ~ULASZ, C~.~y C.~etc.f2 erg the C.c~y a~ C~,u.~a Vx~,~a,
Ca.~~.~~tcn~.a, a0 H~R~By C~RTI~y ~ha~ the abase and ~c~negc~ting ti~ a ~u.~~.,
hue and cannec~ cagy o{~
and ~ha~ the same hays nab been amended an. ~ce~ea~ed.
DATED:
C~.~y etc.
r---;
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UNANIr10US CONSENT FORA1
IT IS HEREBY REQUESTED by the undersiuned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be consic:ered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OF INTENTION TO GRANT GAS FRANCHISE
(Signature)
Unanimous Consent of
signatures:
City Council, as indicated by the following
. ,;
~' ~ ,' '?
ORDINANCE N0.
AN ORDINANCE GRANTII`dG TO SAN DIEGO GAS & ELECTRIC
COMPANY, ITS SUCCESSORS AND ASSIGNS, TIIE FRANCHISE
TO INSTALL, MAIN'T'AIN APJD USE PIPE5 AND APPURTENANCES
FOR TRANSI<1ITTING AND DISTRIBUTING GAS FOR ANY AND ALL
PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC
STREETS AND PLACES AS THE SAA'IE NOW OR MAY HEREAFTER
EXIST WITHIN THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
SECTIOPJ 1. DEFINITIONS.
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 San Diego Gas & Electric
Company, and its lawful successors or assigns;
(b) The word "city" shall mean the City of Chula Vista, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated,
enlarged 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, including state highways, now or hereafter
established within said city, and freeways hereafter esta-
blished within said city;
(d) The word "gas" shall mean natural or artificial gas, or
a mixture of natural and artificial gas;
(e) The phrase "pipes and appurtenances" shall mean pipes,
pipelines, mains, services, traps, vents, vaults, manholes,
meters, gauges, regulators, valves, conduits, appliances,
attachments, appurtenances 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•distributing of gas;
(f) The phrase "install, maintain and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair
or replace.
(g) The phrase "gross receipts" shall mean all gross operating
revenues received by grantee from the sale of gas to grantee's
customers with points of service within the corporate limits
of the city (including, but not limited to, sales to military
reservations with points of service within the City's corporate
limits) which are credited in Account Numbers 480, 481 and 482
of the current Uniform System of Accounts of the Federal Power
Commission as adopted by the California Public Utilities
Commission, or similar superseding accounts, less uncollectible
amounts and less any refunds or rebates made by grantee to such
customers pursuant to orders or decisions of the California
Public Utilities Commission.
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SECTION 2. PURPOSE.
The franchise to install, maintain and use in the streets
of said city all pipes and appurtenances for transmitting and distribut-
ing gas to the public for any and al_1 purposes within said city is here-
by granted to San Diego Gas & Electric Company, its successors and assigns.
SECTION 3. TERM.
Said franchise shall be for the term of twenty-five (25) years
from and after the effective date herein, that is to say, said 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 the grantee, or until the state or some munici-
pal 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 said
franchise and situate in the territorial limits of the state, municipal or•
public corporation purchasing or condemning such property, or until said
franchise shall be forfeited for non-compliance with its terms by the grantee.
SECTION 4. CONSIDERATION.
The grantee of said franchise shall during the term thereof pay
to the City 20 of the gross annual receipts of said grantee, which amount
has been held by Decision No. 80432 of the Public Utilities Commission of
the State of California to be the normal level paid to other political sub-
divisions within the utility's territory. It is understood that any admini-
strative, legislative or judicial modification of said franchise fee or the
basis of calculating said fee pursuant to Decision No. 80432 shall be cause
for review and renegotiation of this amount of franchise fee at any time
within the term of this franchise.
SECTION 5. REPORTS, DATES OF PAYMENT AND CITY AUDITS.
The grantee shall file with the Clerk of said city, within three
months after the expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and within three months
after the expiration of each and every calendar year thereafter, a duly
verified statement showing in detail the total gross receipts of such'
grantee during the preceding calendar year, or such fractional calendar
year, from the sale of gas within said city. Such grantee shall pay to
said city within fifteen days after the time for filing such statement,
in lawful money of the United States, the aforesaid percentage of its gross
receipts for such 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 time and
in the manner specified, shall be grounds for the declaration of a forfeit-
ure of this franchise and all rights of grantee hereunder.
SECTION 6. COMPLIANCE WITH LAWS.
All facilities or equipment of grantee that grantee shall
construct, maintain and use or remove, pursuant to the provisions of
the franchise granted herein shall be accomplished in accordance with the
ordinances, rules and regulations of city nor or as hereafter adopted
or prescribed, and such rules or regulations as are promulgated under
state law, or orders of the Public Utilities Commission or other govern-
mental authority having jurisdiction in the premises.
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SEC`.[':LOS' ~ 11DTt7.I'?:I:S'~'?-~.~`.`:I'1:VI? I'I:h:C`.i'1CI.~S .
GrFx!1t.cc is llcr:ew.i.h c!~_1.rged with tl1c~ rc:;hon:~ibili.ty of
coo1~^rat:i.ny ~.: ail cii_y :. 11 p:~~~~~?a7~i.;l~r ~~ nlant?~_+.:1_ ot_ adnln.i_st;_ativc pr~lcticc,s
4!113_('1 she. ~.~ CSC)`.TL.a:ll ~1!C' J ilE;t-:al] :: ~ ll~:l d17C. 1 C..:'.lf` ; c'.~ C'.: ._ii 177'~_(~__ ,_ f aCl] 1.t~].C`.1
in t.h.~ :~trc~cl-:~~ of c_it}` ,~~'h_tc'1 shy.:~_?. i!1cl.u.ct. but r!ot= be liln:~tc?d to,
cathodic pJ-otc.ction pry-zctt.ccs. C~r1c~e each yc~~lr, com;»~~:ncing_ ~~~i_th the
firsl_ fu:l :I. ra.le~!Id~l.l_ }Tc,:lr of i:he~ i ;:~~°!chise dr~~rlt-<~d 1c7_cin, i.. i_s to
be thy, jo_i.rlt- resporl: ;l,a_l ity of cJr.Jni:cc alld c':i_t~y t-o 7~evic.w ~~nd upuat:e
S11C:11 L7.C~1n3_ri~'"l"]'~1t1VC' 1~7"T:'_Ct1C`~S. I30i:h. gralitne'. F?I.d`C3_t=~' are C11ctrCTeC1 ~^~lt".11
the duty. t0 ,~rC:1~a~`c, 3_'r'\T1e4I urld 111;datF_' SUC17. a:~m:t.7."17_!;t~.'at:1_V~ ))raCt1CC'S
by a method of rmlt.ual coopcrat.io_z which shal.L take into considcr_atiozl
the z°e asonable neocls ~lnc~ conven:~~lzce of_ c>~~ch party; pr.ovi.dcd tl~zat said
cddllll'illst.rcit_l_vc' 1->raC;t1C~'~~ a11C't tl"ir` t(_rnlS anti C;Oi1d1~=7 C/ns t11e1C'OL Sllall bC'
at a]_1. time.; sLll~ject to approval of the City Council as expressed by
a.pp:eopr_iate lc~gislativc~ action..
Follos~Ting t'r!o p.r_eparati.on of said manual; and its approval.
by the City Council, it shall govern the }>7:actic;_c~s of the grantee in
its installation and removal. of grantee`s ~aci_liti_es in the streets of
city.
SECTION ~. CITY R>JS1~kVFD PO~:~'R~tS.
(a) City reserves the right far itself i_o lay, construct,
erect, install, use, operate, repair, repl~.ce, r_en;o~~~c,, relocate, re-
gradc or maintain be]_oc-,~ surface or_ above surface imp3-ovemeni,~: of any
type or description in, upon, ~~long, across, under or over the streets
of the city. City f_u>_~tller reserves the rigl!t to relocate, remove,
vacate or re.}_>luce the st7~~eets the:~lselves. If the necessar}~ exercise
of the^ a.f_orerneiztionod reserve .rights conf 1_i.rts with any pipes and
aI)pu.rtenances of grantee constructed, maint~.l.i.ned ar.d used pursuant
to the larovisions of +~I; franch_i_se granted hereby, whethor previously
constructed, lllaintained and used or not, grantee. shall, without cost
or expanse to c:Lty ~ai.thin z~linety (°.0) days after 4aritten notice. from
the City P~i;~nager, or his designated repre:~,entative , and request so
to do, begin the pllysi_c~:~1 field construction of changing t.1..~e location
of all. facilities o}° e~luipmont so conflicting. Grantee shall proceed
promptly to complete such. required work.
(b} Irresper_tive of any othe:r_ pr_,ovisior! of this ordinance,
grantee's right to car~struct, maintain and use, or. remove pipes and.
appurt.enancc~s thereto shall be sul:)ject at all times to the right of
the city, _n kh~ exorcise of its police power, to require the removal
or relocation, to underground Locations, of said pipes and appurte-
nanc~~~s theret=o at the sale cost. and expanse of grantee.
SECTION 9. HOLD H71PsILESS.
Grantee of the franchise granted hereby shall indemnify,
save and hold harmless, city and any officers and employees thereof
against and from all damages, ~iudgment.s, decrees, costs and expendi-
tures which city, or such officer or employee, may suffer, or which
m~,y b~~~ recovered Pram, or obtainable a7ai_nst city, or such officer
or employee, for, or by x-eason o.f, or growing out of or resulting
from the e~_ercising by grantee of an}~ or all of the rights or_ privi-
lec_;cs granted llczreb~-, o.r by .rc~~ISOn of any act or acts of grantee
or its serv~.nts or agents in c~:-:crcisin~l t_he fr~~.ll~.lia_se grantod herek~i~,
and grantee shall :lcfend any suit. that may be in~:tituted a<~ainst
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cii"y, 01- any officer ar c,m]~l.o~,~cc t.]ler.c:of~, by 1'c~a:c~n of or. growing
cut. of or ,-c,~,1.11.t.i.I1~:: fr-ora tIT~: ~-.-;c1-o:i ;~: ;.~y gr~lntce c,f ~:lny ol: all of_
t}~?C` tlg'}1t5 Or }?r1.Vllf:,c}C.ti C}1`~3.rl~l_~:' ~ '.?E~'):'h}~`~r, O.T.` b~T rC'dS011 Ot <lI'ly act
O.'.~ taCt-.~?• a: C~1_'Zint.C~C~ t aJ' _L i.: Ci .`?nI"~fcl "it ~ O1" <1:TCT1tS, 7.T"1 C3XerC1S7_]1C_J tl"`..E?
f ]-~arlclll S<' car"ant:E:'Cl lle'r:?ii`~' .
SEC`!'IOI~ lU s REPP:I l: COS'J.';, .
Grantee si;aJ_J_ pa~J to c.i:y on clemalld t}le cost of. a.ll repairs
tG G1. ~~'~' h'1`<;~~E_l"t`y' rCi~?.(ir, ?}"C;t_`>:. Sclry 1)y a.rr)T 01 tl1c: OpCratlOllS O.i Cj1"alltee
under the ir~~ncl~li.s{~ cr.antcd hel_-c~by, prop%.-~ded, h.o~~caver, that grantee
It1c3)~ rllc~}:~ rC~]'C3.1.7:S to :-i:r't E'tS, slciewal};:~~, CU2"l~S c'211d gllttE_'rS itself Cit
1}:~ C`1ti'n GOSi: 1.11 aCCU7:.ut1?1.CE-: t';1:th C=Lty -`l?C'C1I1Cdl_1OiiS if thf' :~aITIG' Ccal
be dcne wa_t:hout uzldiz~ _Ilcanveni~~nce -co tlT.e public use of the streets.
Sls'C`T'ION 11. FORFEITURE.
7'h.is franch.i.se is granted upon each anci every condition
hel-ein cont~_ined, a.nct shall ever be st_~:i_ctJ_y col~st.rued against
grantee. c~othillg s}laJ_J. pass 1?y the franchise granted hereby to
grantee unJ_,--ss it i.)c gr.ant.ed ill plain arld unambiguaus terms. Each
of_ sai.d cond_~tions i_s a material. and. esscrlltial. condition to the
chanting of the franchi_:ae. If grant.oe shal:l_ fail, neglect or re-
fuse to ca:npl_y with any of the conditions af_ the f.._r_anchisc: granted
hea~el~y, and i. l_ such failure, neglect or refusal shall CO11t:L11uC for
more than thirty (3U} days after written demand by the City Manager
for- compliance tl-lere~ti-i t~h, then City, by the Cit}~ Council, in addition
'E_o all. r.ic,ht:s and remedies aJ_la~-?ed by law, thereupon may c.erminate
tha right, I~i-ivi_lecrc: and franchise gra.ni~ed in and by this ordinance,
arld aJ_l they rights, privileges and the fr_al~chise of grantee granted
hc~reb.ar shall. thereupc}.1 be at an end. T'rl~~ra.upan and immediately.
granted shall surrenci.c:r all r_igllts and p~~ivilegc's in and to the
franchise o,"r«nted lic'1_-c}>y. No provision herein 1<<ade for the purpose
of_ securin tho enforcement of the terms and can~].i bons of the fran-
chise granted hereby shall be deemed an exclusive remedy or_ to afford
the exclusive procecl."u.re for the enfol:cernent of said terms anal condi-
tions, but the remecJ:i_es and procedure outlined herein or provided,
including for-feitw-c, shall be deemed to be curnu_l_ative.
SECTION 1?. ACQUJ:SITIOl~t Ar~l~ VA:i1UATION.
;nothing in this ordinance or. in the franchise granted hereby
shall be construed a, in any way impa~ rind city's rights to acquire.
proper-rty of grantee through the exercise of city's power of eminent
damain, ox- through voluntary Ggreernent bet~,~een city and grantee. In
the event that city chooses to exercise its po~~rer of eminent domain,
i.t shall do so in accordance ~'a:itll the procedures provided. by the
general lava of the State of California for the condenulation of public
utility property. The valuation of such property for condemnation
purposes shall be made in accordance with such general la~~~.
SEC`T'ION l_3. AUTHORI`T'Y FOR GRANT.
Notwithstanding any other provision herein contained, this
franchise is granted solely and excJ_usively underr_ Sections 1400, 1401,
1402, 140 ~, 1404, 7.405 and J_4UG of Article XIV of the Charter of the
City of Chula Vista and no other authority.
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~l~t/~/~
,II~;C"1' 1.ON 1.4 I?:C'.L~'I::~".'I' I~'i? DJ1TI
`1'h.i_s o.r.dn~.iracc~ sl~~ll_J be:'c:c~r.~ie effc:~ct~ive t}zia-ty days ai:ter. :its
~1_n~i_~ }~<IS:'~dC_;(~' ~ll'llf`~;;: F;U: }?i'.I1U.E_Cl by ~ 7"C''fE.'.rC1:dUnl ~?c`t.lt.l.Ori f1_~.ed c~S j~rU-
S1~C1':(Oiv .I. i~ PLJL~LICh''Ii?I1 COS"'S.
T};;' c;a~~,ni-.c~c or said frlnchise sh<!ll pay to the city a sum
of m;7nuy suf s_ icic~n L to a-ci,:~}~ursc :it fox a].l pub].:ication e,:pc~nses ila-
cur:l:c.~c? by it 17i connr_~c~ _on ~~,lit.i~ the, c}rant~:i_nq the?-cof; such payment:
to be made ~~~:i ~_:}i:i.n thi rt~y (30) day.:; after t}~.~~ city sh~-~11 have t=ur-
n1_t}l.ed SUCK i~ruliE,=E'~' ~'d:i_t)) ca. C~Ia~1.t:LC'.!1 S"t.at:G'111c~nt of such e`.}>~'-n`; r'.~,.
src'.rlorl 16, r~~r~IT~r.~I~t rCC~~~=r1;r~~CZ.
The franchise granted h:~~c~by s}:ls~ll. not become effective
unt:.il written a.cceptancc~ thereof. shall l;.avc~ been filed by th_~ grantee
with the Ci_t_y C=per}:.
SLL'1'ION 17. PUF3LICA'J~.ION.
T}~l.e City Clerk shall cau.~e this or.dinar,co to be published
once within fifteen (15) days after:° its passage in the Chula. Vista
Star Ne~h~s, a ne~esp~:per of genea~al circulation pub_l.ished and circu-
lated in said city.
Presented by Approvc,d as to form by
Georc~~c~ Do L1_ndber Ci~t ~ Atto~.-ne ~~ Georc ~ ~D. Linclber ~ City Attorne T
_~ - ~J r ~ 1 .J~- ~ r I ~
ADO~~TED AND 1~PPROVED by the CITY COtTNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, -this day of ~ , 19 by
the following vote, Lo-wit:
AYES: Councilmen
NAPES: Coul~cilmen
ABSENT : Councilmen
P7ayor. oL- the Clty of Chula Vista
ATTEST
City Clerk
STATE OF C11.LII'OI2NIA )
COtTNT1' OF SAN DIEGO ) s s .
CITY OF CIIULA VISTA )
I, _ , City Clerk of the City of
Chula Vista, Ca~- lifarnia, DO 11:I~I;I3Y CERT]:I'Y that the above is a u
true and correct copy of Ordinance No._ and that the same h~:~s not
been amended or repealed. Df1TED
C>_ty Clerk
,,
~'4.. , ~
.. ~_ ~ • ~ w
~
October 5, 1972
STAR-NEVIS
429 Third Avenue
Chula Vista, California 92010
Enclosed are copies of thx
once on Sunday, October 8,
Resolution No. b617
Resolution No. 6G18
Resolution No. 6620
Thank you.
PAMELA A. HANNA
Deputy City Clerk
Enclosures (3)
ee resolutions which are to be published
1972. They are as follows:
- Int~etion to Grant Gas Franchise
- Intention to Grant Electric Franchise
- Intention to Adopt a Resolution
Amending Civil Service Rule II
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