Pursuant to the Franchise Act of 1937, the city has entered into a franchise agreement with the Southern California Gas Company. Said franchise was originally granted pursuant to uncodified Ordinance No. 308 adopted on October 19, 1964 and transferred to Southern California Gas Company on September 1, 1970. This chapter incorporates the provisions of that ordinance and adds other provisions as city is authorized to provide pursuant to the Franchise Act of 1937, Public Utilities Code Sections 6201 through 6302.
(Ord. 1384 § 1, 2006)
The terms and conditions of said franchise are those set forth in the Act, as incorporated in the agreement and as further provided in this chapter.
(Ord. 1384 § 1, 2006)
The following definitions, taken from Ordinance No. 308, shall apply:
"City"
means the city of Fountain Valley, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form.
"Engineer"
means the city engineer of the city.
"Gas"
means natural or manufactured gas, or a mixture of natural and manufactured gas.
"Grantee"
means the corporation to which the franchise contemplated in this chapter is granted and its lawful successors or assigns.
"Lay and use"
means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.
"Pipes and appurtenances"
means pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance 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 transmitting and distributing gas.
"Streets"
means the public streets, ways, alleys and places as the same now or may hereafter exist within said city.
(Ord. 1384 § 1, 2006)
That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this chapter, and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the state of California, known as the Franchise Act of 1937, be and the same is granted to Southern California Gas Company of California, a corporation organized and existing under and by virtue of the laws of the state of California, herein referred to as the "grantee," to law and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, 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 under 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 noncompliance with its term by the possessor thereof.
(Ord. 1384 § 1, 2006)
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 percent 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 percent of the gross annual receipts of the grantee derived from the sale of gas within the limits of the city under this franchise.
(Ord. 1384 § 1, 2006)
The grantee of this franchise shall file with the clerk of the city within three months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, 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 the grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the city for which this franchise is granted. It shall be the duty of the grantee to pay to the city within fifteen days after the time for filing such statement, in lawful money of the United States, the specified percentage of its gross receipts for the 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 times or in the manner hereinbefore provided, shall be grounds for the declaration of forfeiture of this franchise and of all rights thereunder.
(Ord. 1384 § 1, 2006)
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 limits of the city, as said limits now or may hereafter 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.
(Ord. 1384 § 1, 2006)
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.
(Ord. 1384 § 1, 2006)
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 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.
(Ord. 1384 § 1, 2006)
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 property made necessary by any operations of the grantee under this franchise;
(c) 
Indemnify and hold harmless the city and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the city for all damages proximately resulting from the failure of said grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the state of California;
(d) 
Remove or relocate, without expense to the city, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by the city;
(e) 
File with the legislative body of the city within thirty 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.
(Ord. 1384 § 1, 2006)
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 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/her 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.
(Ord. 1384 § 1, 2006)
Where it is necessary to law 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.
(Ord. 1384 § 1, 2006)
If any portion of any street shall be damaged by reason 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, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the engineer, and to his/her reasonable satisfaction.
(Ord. 1384 § 1, 2006)
(a) 
If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the city, by its legislative body, may declare this franchise forfeited.
(b) 
The city may sue in its own name for the forfeiture of this franchise, in the event of noncompliance by the grantee, its successors or assigns, with any of the conditions thereof.
(Ord. 1384 § 1, 2006)
To the extent any provision herein is not specifically provided for, the Franchise Act of 1937 shall supplement this franchise ordinance as the same is set forth in Public Utilities Code Sections 6201 through 6302 or as subsequently amended.
(Ord. 1384 § 1, 2006)