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HomeMy WebLinkAboutOrdinance 1469ORDINANCE NO. 1469 AN ORDINANCE GRANTING TO CP NATIONAL CORPORATION, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND CONSTRUCT, AND TO THEREAFTER OPERATE AND MAINTAIN, REPAIR AND REPLACE A SYSTEM OF CONDUITS AND PIPE LINES FOR THE TRANSMISSION, DISTRIBUTION,. AND SALE OF GAS TO THE PUBLIC, TOGETHER WITH SUCH FIXTURES OR APPURTENANCES AS THE GRANTEE MAY DEEM NECESSARY OR CONVENIENT THEREWITH, IN, UNDER, ALUNG, OR ACROSS THE STREETS, HIGHWAYS OR OTHER PUBLIC WAYS IN THE CITY OF Central Point, `COUNTY. OF `JACKSON, '=STATE OF OREGON AND DEFINING THE TERMS AND CONDITIONS OF SUCH FRANCHISE. THE PEOPLE OF THE CITY OF Central Point DO ORDAIN AS FOLLOWS: Section 1. There is hereby granted to CP National Corpo- ration, a California corporation, its successors and assigns, hereinafter called "Grantee!' the right, privilege and franchise to lay and. construct, and to thereafter operate, and maintain, repair and/or replace system of conduits and pipe lines, together with such fixtures and appurtenances as the Grantee may deem necessary or convenient in connection therewith, in, under, along, or across all streets, highways and/or alleys, or other public ways, all herein- after called "premises" in the City of Central Point, County of Jack- son, State of Oregon, hereinafter called "City", for the purpose of Ordinance No. 1469 - 1 transmitting and/or distributing gas to the public for light, heat, fuel., power, or any other lawful purpose. Section 2. The system of conduits,. pipe lines, and other fixtures or appurtenances installed by Grantee shall be laid or installed so that the top of said pipe shall be at a depth of not less than eighteen (18) inches below the established or official grade of the premises; provided, however, that in cases where grades have not. been established, such pipes shall be laid at the depth of not less than thirty (30) inches below the existing surface of the premises; and provided further, that the City hereby reserves to itself the right to change or establish the grade of any of the premises, and to require the Grantee to lay or relay any of the said pipes or other equipment laid therein, to the proper depth, so that the same when so laid, shall conform to such grade pr grades as changed or established, All pipes laid and the operations of Grantee shall also be in conformity with the rules and regulations of all duly constituted authorities having jurisdiction of the matter. Section 3. It is especially understood and agreed that the City has already laid and will continue to lay, in the premises, water mains and sewer mains, and may, during the life of this franchise, desire to lay and maintain pipes and other apparatus for other municipal projects. Upon notification by the City, the Grantee, at its own expense, will change the location of its pipe lines to conform with the necessary location or relocation of the main pipe lines of the Ordinance No. 1469 - 2 City's municipal water, or sewer system, or other public works; and the City agrees, on its behalf, that in making any new location or relocation of such works, it will, so far as the public interest justifies, take into consideration the location of the Grantee`s system as established or platted and filed with the Citye Section 4e It shall be lawful for and the right is hereby granted to the Grantee to make all needful excavation in any of the premises for the purposes of laying down, maintaining, repairing, replacing, and/or operating its conduits, pipe lines, or other fixtures or appurtenances installed for the purpose aforesaide Section 5a Whenever the Grantee shall disturb any of the streets, alleys, avenues, roads, highways, thoroughfares, parkings, bridges, and sidewalks or either, of the City, for.. the purpose aforesaid it shall restore the same to good order and condition as soon as practicable and without any unnecessary delay and shall be responsible for maintaining the same in good order and condition for 12 months after the date of such restoration, at the cost and expense of Grantee; and on failure to do so, the City shall have the right to fix a reasonable time within which such installation, replacement, or restoration shall be completed, not exceeding 30 days, nor less than 5 days; and upon the failure of the Grantee to make such install- ation, replacement, or restoration, the City shall cause the same to be made at the expense of the Grantee, and any expense thus incurred shall be a lien upon the property and apparatus of the Grantee Ordinance Noe 1469 - 3 located within the City and shall be entered in the city lien docket, and be enforced in the. same manner as city liens are enforced by the grading or otherwise improving of streets; provided, however, that no excavation or part of any excavation made for the purpose of laying pipes or other apparatus or repair of same, under this franchise, in the main public streets or highways shall be permitted to remain open longer than five (5) days after the excavation is made, nor made without first notifying the City, and. provided further that all excavations provided for herein shall be filled up and the premises shall be restored fully and in every respect to their former condition. The City shall give prompt notice to the Grantee of its failure to make proper restoration or repairs as herein provided, Section 6. For the mutual convenience of the parties, and to assist the City in keeping and maintaining its records of pipes and other apparatus underground within the city limits, and in making its plans for the location, extension, or relocation of any mains used by it, Grantee shall, prior to the commencement of the construction of its distribution system, present to the City a map showing the proposed location, size, and depth of the pipes and mains in the premises, which locations shall be at once examined and approved by the City or its authorized agent, and the map, as approved, filed with the City Recorder. Such map may be for the whole city or for any district or portion thereof in which it is immediately proposed to carry on construction work. The City, or its authorized agent, may require reasonable revisions in said plan or plans and all future Ordinance No. 1469 - 4 alterations or additions thereto shall likewise be subject to reasonable revisions by the City or its authorized agent before approval. No work except emergency repairs shall be undertaken by the Grantee until. it has complied with the provisions of this section of the franchise. Where pipes or other apparatus is constructed underground in a position or location substantially different from the. location as planned, Grantee shall furnish an additional map to City showing the locations as they are in fact built, or in the alternative, Grantee shall maintain the records showing the facilities as built in the office of Grantee in Medford, Oregon, and shall make said records available to City, or its designee at reasonable times. Section 7. Nothing in this ordinance shall be construed in any way to prevent the proper authorities of the City from sewer- ing, grading, paving, .planking, replacing, repairing, or otherwise altering any of the premises; but all such work shall be done, if practicable, so as not to obstruct, impair, or prevent the free use of said pipes or other apparatus of the Grantee, and the installation of the works of the Grantee shall in no way obstruct, impair, or prevent the free use of any underground works previously installed by any other franchise holder. Section 8. In consideration of the privilege and franchise granted by this ordinance, the Grantee shall assume all liability and risk for damage to persons or property which may arise from construction, repair, or operation of any or all of its plants or Ordinance No. 1469 - 5 appliances connected therewith and from the excavation of any of the premises, and the installation, maintenance, and use of any pipe mains or conduits pursuant to the provisions of this franchise, and shall save the City harmless from and indemnify the City against any and all liabilities, claims, action, suits, loss, expenses, or damage that may arise or be incurred therefrom and the installation, operation and maintenance thereof> The Grantee shall provide and keep in frO r?=:ce and. effect policies of liability insurance to effectuate said purposes,. Section 9e The Grantee covenants and agrees with the City that in consideration of the granting to it of the rights and privileges embraced in this ordinance, and for all business or occupation taxes, license, franchise or operating permit fees, it will pay to the City three per cent (3%) of the gross annual revenues, as defined below, derived from service to its patrons hereafter located within the City; said percentage shall be paid in annual installments no later than sixty (60) days after the end of the period covered by the payment, and that it will furnish the City at the end of each such period, a verified statement of its said gross earnings, and that it will allow the inspection of its books at all reasonable hours upon demand of the Citye Except as otherwise provided herein, "gross revenues shall mean revenues received from operations within the City less net uncollectibles. Gross revenues shall include revenues from the use, rental or lease of operating facilities other than residential space Ordinance No. 1469 - 6 and water heating equipment. Gross revenues shall not include proceeds from the sale of bonds, mortgages, or other evidence of indebtedness, securities or stocks, sales at wholesale to another utility when the utility purchasing the service is not the ultimate consumer, revenue paid directly by the United States of America or any of its agencies or revenues paid by the City. Section 10. The City does hereby designate, as provided by statute, the Public Utility Commissioner of the State of Oregon, who shall have power on behalf of the City to determine what rates, charges, and. fees for compensation made, charged, or demanded by Grantee, are unjust, unreasonable, insufficient, or unjustly discriminatory or preferential, and to fix those which:..:-:are just, reasonable, and sufficient; the City reserving unto itself any ,and all rights which it now has or may hereafter be granted by the statutes of the State of Oregon for the designation of any person, commission, or other entity, to represent it and the people of the City in determining the fairness and reasonableness of any and all rates of the Grantee. Section 11. The term of the franchise hereby granted shall commence on the effective date of this ordinance and shall continue in effect from said time for a period of 10 years or until the same shall be forfeited for non-compliance by the Grantee with its terms. Ordinance No. 1469 - 7 Section 12. In case. of suit or action to enforce any rights arising under this franchise, it is mutually agreed that the prevailing party in any such suit or action shall be entitled to reasonable attorneys fees as set by the court therein. Section 13. This ordinance shall be inoperative unless accepted in writing by the Grantee, and. filed with the City Recorder within thirty (30) days after passage of this ordinance. Section 14. This ordinance being necessary for the immediate .preservation of the public .peace, health and safety of the City of Central Point, Oregon, in order that a franchise agreement remain continuously in effect, an emergency is hereby declared to exist and .this ordinance shall be in full force and effect immediately. Passed by the Council and signed by me in authentication of its passage this 24th day of June ~_~__~_. 1982. Mayor ATTEST• /a :~' CitX~°Re corder ,. Approved by me this 25th day of June 1982. ~;/ `. ayor ~-~~ Ordinance No. 1469 - 8 229 W. MAIN STREET/PO. BO>C 1709/MEDFORD, OR 97501 (503) 772-5281 Betty Anders City Recorder City of Central Point P, Oo Box 3576 Central Point, Oregon 97502 Dear Ms, Anders: u~,~u~~~I''J~~rL~ July 6, 1982 This is CP National's formal acceptance of and agreement to the terms, conditions and obligations of ordinance nee 14-69 effective June 24, 1982° We appreciate the cooperation of you and your staff in negotiating this new 10 year natural gas utility franchisee Sincerely, CP NATIONAL CORPORATION ~^ ~/ / . i -- , =~ h- ~-, / ~~%t!lL"e ~N`eal Vice President Field Operations General Oiiices 1355 WILLOW WAY/CONCORD, CA 94520