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ORDINANCE NO.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
1 BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, GRANTING A FRANCHISE AND PRIVILEGE TO
2 SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, TO
LAY, CONSTRUCT, OPERATE, MAINTAIN, USE, REPAIR,
3 REPLACE AND/OR REMOVE A SYSTEM OF CONDUITS, MAINS
AND PIPE LINES, IN, UPON, UNDER, ALONG AND ACROSS
4 THE PUBLIC STREETS AND HIGHWAYS OF SAID CITY.
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6 The City Council of the City of San Bernardino, County of
7 San Bernardino, State of California do ordain as follows :
8 Section 1 . The City Council of the City of San Bernardino,
9 County of San Bernardino, State of California, does hereby
10 declare that SOUTHERN CALIFORNIA GAS COMPANY, a California
11 Corporation, having heretofore filed an application in writing
12 to said Council for a franchise and privilege hereinafter
13 described, that said application came on regularly the 20th
14 day of October , 1952, to be heard and considered
15 by said Council and thereupon, on motion duly made, seconded,
16 passed, carried and adopted, it was declared and stated that
17 said Council proposed to grant said franchise and privilege,
18 the same to continue for the term of fifty (50) years from and
19 after the date of granting the same, upon the terms and subject
20 to the conditions and restrictions in said order and hereinafter
21 stated; that in and by said motion it was further ordered that
22 the fact of said application for said franchise and privilege,
23 together with a statement that it proposed to grant the same
24 upon said terms and subject to said conditions and restrictions,
25 be made by the Clerk of said Council by publication in the
26 San Bernardino Even:i_npr, Tele,gram , a daily newspaper
27 published in said City for the time and in the manner provided
28 by law.
29 Section 2. That said Council does further declare that
30 said advertisement containing all the statements required by law
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was duly published in said newspaper for the time and in the .
32 manner required by law, and said order of said Council; and that
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I Council met in open regular session at the office of said Council
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2 at the City Hall in the City of San Bernardino, County of San
3 Bernardino, State of California, on the 15th day of 'Dec . 11,1�2 ,
4 at 7 :30 P .M. and then and there opened and read the bids
5 for said franchise and privilege; that Southern California Gas
6 Company, a Corporation, made the highest bid therefore, to wit :
7 the sum of Two Flu.n`ired (1200 .00) Dollars , said sum
8 I was the highest and only sum bid or offered therefore and that
9 said franchise and privilege was thereupon by said Council struck
10 off, sold and awarded to said Southern California Gas Company,
11 that said Southern California Gas Company has filed with said
12 Clerk of the said Council, the total stun aforesaid by certified
13 check payable to the City Treasurer of said City of San Bernardino
14 that said Southern California Gas Company has filed with said
15 Council a bond running to said City of San Bernardino in the
16 penal sum, in the form, and with the terms and conditions .required
17 by law and the order of said Council.; that said bond has been
18 I regularly approved by said Council .
19 Section 3. There is hereby granted to said Southern
20 ! California Gas Company, a Corporation organized and existing under
21 i and by virtue of the laws of the State of California, and having
22 I`� its principal place of business in the City and County of Los
23 f Angeles, State of California, and to its successors and assigns, i
24 the franchise and privilege to lay, construct, operate, maintain,
25 use, repair, replace and/or remove a system of conduits, mains
26 and pipe lines, together with such valves, fittings and other
27 i equipment as the grantee or grantees, its successors or assigns
28 may deem necessary or convenient, in, upon, under, along and
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across the public streets and highways in the City of San
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Bernardino, County of San Bernardino, State of California.
31 Together with the right to carry, transport, convey, conduct
32 and distribute
gas in and through said system of conduits, mains
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1 and pipe lines, in, through, and along said puulic streets and
2 highways. j
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3 Section 4. Said franchise and privilege shall continue for
4 a term of fifty (50) years from and after the date of granting j
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5 the same .
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6 Section 5 . The grantee of said franchise and privilege, its
7 successors or assigns, shall in good faith commence work to lay
8 said system of conduits, mains and pipe lines within not more
9 than four months from the granting of this franchise and privilege
10 and shall thereafter diligently prosecute said work in good faith
11 so as to meet and fill the reasonable needs of the inhabitants of
12 the City of San Bernardino.
13 Section 6 . Any pipe line laid, located or maintained under
14 said franchise and privilege shall be so placed as not to inter-
15 fere with the use of said public streets or highways by the
16 traveling public or for public purposes to any greater extent
17 than is reasonably necessary; and in laying said pipe line the
!8 grantee of said franchise and privilege shall fill the trench and
19 leave the surface of the street or highway in as good condition as
20 it was prior to excavating for laying said pipe line; and any
21 pipe line laid or maintained under said franchise and privilege
22 shall be laid, located and maintained in conformity with instruc-
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23 tions given by and to the satisfaction of the City Engineer or
24 Superintendent of Streets of said City of San Bernardino; and the
25 grantee, its successors or assigns, shall hold the City of
26 San Bernardino harmless from all damage resulting from the laying,
27 use or operation of said pipe line .
28 Section 7. The grantee of said franchise and privilege, its
29 successors or assigns, must, during the life of said franchise and
30 privilege, pay to said City of San Bernardino, in lawful money of l
31 the United States, two percent of the gross annual receipts of 1
32 said grantee, its successors or assigns, arising from the use,
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I operation or possession of said franchise and privilege . Such
2 percentage shall be payable annually; and in the event said pay-
3 ment is not made such franchise and privilege shall be forfeited
4 at the pleasure of said City Council . This franchise and privi-
5 lege being a renewal of a right already in existence, the payment
6 of said percentage shall begin at once .
7 Section 8. The grantee of said franchise and privilege, its
8 successors or assigns, shall file with the City Clerk of the said
9 City of San Bernardino, within three months after the expiration
10 of the calendar year following the date of the granting of said
11 franchise and privilege, and within three months after the expira-
12 tion of each and every calendar year thereafter, a duly verified
13 statement showing the total gross receipts of such grantee, its
14 successors or assigns, during the preceding calendar year, arising
15 from the use, operation or possession of said franchise and privi-
16 lege within the City of San Bernardino. It shall be the duty of
17 such grantee, its successors or assigns, within fifteen days after
18 the filing of such statement, to pay to the City Treasurer of the
19 City of San Bernardino, in lawful money of the United States, said
20 two percent of the gross annual receipts of said grantee, its
21 successors or assigns, arising from the use, operation or posses-
22 sion of said franchise and privilege . Any neglect, omission or
23 refusal by said grantee, its successors or assigns, to file such
24 verified statement, or to pay said percentage at the times or in
25 Ithe manner hereinbefore provided shall be grounds for the declar-
26 a of a forfeiture of the franchise and privilege and all
27 rights thereunder.
28 Section 9. If the City Engineer shall determine that it is
29 reasonable and necessary that franchise properties in the street
30 I be temporarily disconnected, abandoned, temporarily or permanently
31 I removed therefrom, temporarily or permanently relocated therein,
32 or abandoned and substitute facilities installed it such street,
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1 in order that the City, when acting in a governmental capacity
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2 only, may relocate, change grade, construct, use, maintain, or
3 change any street improvement, said City Engineer shall give
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4 notice, in writing, to the grantee . Said notice shall state the
5 determination of the City Engineer, identify the franchise prop-
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6 ertiesaffected, and describe the work to be done to said prop-
7 erties. Within thirty days after the service thereof upon the
8 grantee, or upon the local manager or agent of the grantee, the
9 grantee shall begin and diligently prosecute the designated work
10 to completion and shall bear the entire cost and expense, and,
11 upon failure to do so, said City Engineer may cause the work
12 described in said notice to be completed, and the grantee shall
13 immediately pay for the same upon presentation of an itemized
14 account of the cost thereof.
15 Section 10. The grantee of said franchise and privilege
16 shall, prior to twenty days after the passage of the ordinance
17 granting said franchise and privilege, file with the City Council
18 of said City of San Bernardino a written acceptance of the terms
19 and conditions of such ordinance; and said franchise and privilege
20 shall be granted upon each of the conditions and provisions herein
21 contained, and in consideration of the promise of the grantee
22 thereof to keep and observe each of such conditions and provisions
23 I herein expressed to be kept and observed by it; and in the accept-
24 ance of said franchise the grantee shall agree to keep and observe
25 each of said conditions and provisions .
26 i Section 11 . This franchise and privilege is made in lieu of
27 jail other franchises, rights, or privileges owned by the grantee,
28 or by any successor of the grantee to any rights under this Fran-
29 chise, for transmitting and distributing gas within the limits of
30 said City of San Bernardino, as said limits now or may hereafter
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exist, and the acceptance of the franchise hereby granted shall
32 operate as an abandonment of all such franchises, rights and
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I privileges within the limits of said City, as such limits now or
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2 may hereafter exist, in lieu of which this franchise is granted .
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3 Section 12. Said franchise and privilege shall not be j
4 exclusive .
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5 Section 13 . The neglect, failure or refusal on the part of
6 said grantee, its successors or assigns, to comply with, keep
7 and observe the terms and conditions of said franchise and privi-
8 lege shall be a cause for forfeiture of said franchise and privi-
9 lege at the pleasure of said City Council .
10 Passed, adopted and approved this -311ql day of
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15 ayor of t1l City of San Bernard no
16 I Attest :
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18G f
9te"y Clerk and ex-officio
19 rk of said City Council
of the City of San Bernardino
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1 I hereby approve the foregoing ordinance this
2 day of /1 ��,�s�C. , 1952.
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5 Mayor of sa City o n ernardino
6 hereby approve the foregoing ordinance this
7 day of
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10 City Attorney
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12 State of California
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13 City of San Bernardino
14 County of San Bernardino
15 I, Clerk of the City of
16 San Bernardino, do hereby certify that the foregoing Ordinance
17 No. 11'7e el was passed and adopted by the City Council of said
18 City at an r meeting of said Council, held on the
19 day of ,,2/%c , 1952, by the following vote, to wit:
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21 Ayes
22 Noes
23 Absents ze�
24 IN WITNESS WHEREOF, I have hereunto set my hand and
25 affixed the official seal of said City Council this day
26 of ci-n-t , 1953•
27 �A
28 'ell
Ci Clerk of the City of San
29 Be ardino and ex-officio clerk
. f the City Council thereof.
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