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HomeMy WebLinkAbout0043NORDINANCE N0. GRANTING TO SANTA MARIA GAS & POSTER COMPANY, A CORPORATION, A FRANCHISE TO FURNISH AND SELL TO THE CITY OF SAN LUIS OBISPO AND THE INHABITANTS THEREOF, NATURAL AND ARTIFICIAL GAS FOR LIGHT, HEAT, FUEL, POWER, AND SUCH OTHER PURPOSES AS THE SAME CAN OR MAY BE UTILIZED, AND FOR THE TRANSPORTATION AND DELIVERY OF THE SAME, TO CONSTRUCT, REPAIR AND MAIffTAIN PIPE LINES OVER, ACROSS, UNDER AND ALONG THE PUBLIC STREETS, ROADS AND WAYS OF THE CITY OF SAN LUIS 0 BI SPO . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: WHEREAS, application was made on the 4th day of January, 1915, by Santa Maria Gas & Power Company, a corporation, to the Council of the City of San Luis Obispo for a franchise to furnish and sell to the City of San Luis Obispo and the inhabitants thereof natural, and artificial gas for light, heat, fuel, power and such other purposes as the same can or may be utilized, and for the transport- ation and delivery of the same in such business, to construct, lay, maintain, repair, replace, operate, use and enjoy pipe lines on, over, across, under and along all the public streets,. roads and ways in said City of San Luis Obispo, together with all laterals, connections, branches, appurtenances, appliances and equipments necessary or convenient to properly construct, maintain, operate and enjoy said pipe lines and to transport and deliver gas in said City; and said application_ having been on said 4th day of January, 1915, filed with said Council; and, WHEREAS, said Council deemed the granting of said application to be for the public interest, and proposed to grant the same, and by resolution duly passed and adopted on the said 4th day of January, 1915, having ordered that notice of the application for said franchise together with a statement that said Council proposed to grant said franchise, be published and advertised in the Daily Telegram, a daily newspaper of general circulation, printed, published and circulated in said City of San Luis Obispo, once a day for ten L/,Y • j. successive days, or as often during said period as said newspaper was published, and that full publication be completed not less than twenty nor more than thirty days before the 8th day of February, 1915; and that such advertisement should state the character of such franchise and the period for which it is granted; and that sealed bids would be received by the said Council at the Chambers of said Council in the City Hall of said City of San Luis Obispo on and up to the 8th day of February, 1915, at the hour of 7 :30 o'clock P.M. of said day, and at said time and place. tenders would be read,- and the said franchise struck off, sold and awarded to the highest bidder in accordance with law; and, WHEREAS, it appears to the Council that said advertisement was published in all respects as_ required by law and the order of this Council; and, WHEREAS, Santa Maria Gas & Power Company, a corporation organ- ized and existing under and by virtue of the laws of the State of California, did in accordance with the said resolution and advertise- ment bid the sum of One Hundred and Fifty Dollars for said franchise, and the Council feceived said tender, and on said 8th day of February, 1915, at the hour of 7:30 o'clock P.M. of said day met and read said bid; and, WHEREAS, no other tender or bid for said franchise or priv- elege has been made, or received by the Council, and said Santa Maria Gas & Power Company, a corporation is the highest and best bidder therefor: THEREFORE, there is hereby granted to said Santa Maria Gas & Power Company, a corporation organized and existing under and by virtue of the laws of the State of California, and to its successors and assigns, a franchise for the term of thirty five years from and after the passage of this ordinance to furnish and sell to said City of San Luis Obispo and to the inhabitants thereof, natmral and arti- ficial gas for light, heat, fuel, power and such other purposes as the same can or may be utilized, and, for the transportation and delivery of the same in such business, to construct, lay, maintain, repair, replace, operate, use and enjoy pipe lines on, over, across under and along all the public streets, roads and ways in said City of San Luis Obispo, together with all lateral connections, branches, appurtenances, appliances and equipments necessary or convenient to properly construct, maintain, operate and enjoy said pipe lines and transport and deliver gas in said City. All pipe and connections shall be buried and maintained at a sufficient depth below the surface of any street or way along or across which the same shall be laid, as not to interfere with the free use of the street or way by the public; and in case of any alteration in the grade line of any street or way, said pipe shall be relaid so as to conform to such change. All excavations made in streets,roads or ways in the work of constructing, laying, maintaining, repairing or replacing said pipe lines and connections,. and all other work hereunder on said streets or ways, shall be made in strict accordance with such regu- lations as the said City shall �f�r�om time to time provide; and all excavations shall be prop�rlyIrefilled after the completion of such work, and the surface of the street proptily repaired and restored as near as possible to its condition before such excavation to the satisfaction of the Superintendent of Streets of said City and of the commissioned1rof public works. The said Santa Maria Gas & Power Company, a corporation, its successors and assigns, must during the life of this franchise, pay to the City of San Luis Obispo two (2%) per cent. of the gross annual receipts of said Santa Maria Gas & Power Company, a corpor- ation, its successors or assigns, arising from the use, operation or possession of this franchise, provided that no percentage shall be paid for the first five (5) years succeeding the date of this franchise but that thereafter such percentage shall be paid annually, and in the event said payment is not made this franchise shall be forfeited. v The work of laying said pipes shall be commenced in good faith with of more than four months from the date when this ordinance takes effect ,, and shall be completed within not more than three years thereafter, and if said work be not so commenced or completed within the said times specified this franchise shall be forfeited. The City of San Luis Obispo shall have the right, at its election, at the expiration of the aforesaid period of thirty -five years to purchase in its entirety the pipe lines, property and plant of the said Santa Maria Gas & Power Company, or its successors in interest, laid, constructed or acquired under the said franchise or used in the exercise thereof, at a fair valuation: The valuation of the property covered by the aforesaid option or right to purchase shall be determined by a board of three arbitrators, of whoa one shall be appointed by the City, one by the said Santa Maria Gas & Power Company, z or its successors in interest,. and the third by the two arbitrators so appointed. Said arbitrators shall be appointed within thirty days after the declaration by the City of its option to purchase said property. In case said arbitrators fail to make and file an award within the time hereinafter limited, a new board of three arbitrators shall be appointed in the same manner as hereinbefo re prescribed, to determine the valuation of said property. The board of arbitrators shall immediately upon the appointment of its members enter upon the discharge of its duties. Any vacancy in the board of arbitrators shall be filled by the party who md.de the original appointment to the vacant place. The award of the arbi- trators must be made out and filed with the City Clerk of said City within three months after their appointment, and a majority of the arbitrators who agree thereto may make such award. The amount of the valuation of said property determined by the arbitrators as hereinbefore provided shall be paid by the City to the said Santa Maria Gas & Power Company, its successors or assigns, in lawful money of the United States, upon the expiration of the aforesaid period of thirty five years or if the award of the arbitrators shall not have been made and filed at the date of the expiration of said period then within Vie. y_a.e� after the filing of said award. Upon the making of said payment the title and right of possession of all of said property- shall pass to the said City and shall become the property of the City by virtue of the grant in payment thereunder, and without the execution of any instrument or eonvey4nee. The option to make such purchase shall be declared by Resolution of the Council of said City passed not more than one year prior to the expiration of said period of thirty -five years. The value of this franchise (exclusive of the amount originally paid the City therefor) shall not be considered or taken into account in fixing the aforesaid valuation. This franchise is expressly made subject to all provisions of the charter of the City of San Luis Obispo in such case made and provided. In the event of any breach or failure to corply by said Santa Maria Gas & Power Company, a corporation, or its successors or assigns, with any of the term, limitations or conditions of this franchise, this franchise shall terminate and be forfeited. Thi&% ordinance shall be publLkhed and shall be in force ail' \take effect LIS, Tne City Clerk is hereby directed to publisn this ordinance togetner wit,, the Ayes and Noes for two days before it's final passage, in the "Daily Telegram" a daily newspaper printed, publish- ed and circulated in the 'City of San Luis Obispo, �esu - vse►- �iaac --��i 1 Introduced and passed to print tnis � day of February, 1915; by the rol" owing vote; Ayes: Noes: _ �'�.�1�iti1��' " S4-- t9- Absent : Signed' tnis —day of February, 1915, Attest: vote: Mayor, City Clerk. r' Finally passed tnis JI9- day of n ,1915, by the following Ayes :ate Noes: Absent: City Clerk. I �k {