Loading...
Ordinance Number 33105 State of California ) County of Orange ) as. City of San Juan Capistrano ) I, Ernest A. Thompson, City Clerk of the City of San Juan Capistr- ano, do hereby certify that the foregoing and attached Ordinance was finally passed, an roved and adcptad by the City Council of the City of San Juan Capistrano at a regular meeting thereof held on the 11th day of September, 1961. - AYES: Councilmen: Bathgate, Cphermak, Durnford, Olivares and Buchheim NOES: Councilmen: ;lone. ABSENT: Councilmen: None. (SEAL). City Clerk ORDINANCE NO. 33 AN ORDINANCE of the City of San Juan Capistrano granting to South- ern Counties Gas Company of California, a corporation, the right, priv- ilege and franchise to lay and use nipes and appurtenances for transmi- tting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places as the same now or may hereafter exist, within said municipality. The Council of the City of San Juan Capistrano does ordain as follows: SECTION ONE Whenever in this ordinance the words or nhrases hereinafter in this section defined are used, they shall have the respective meanings assig- ned to them in the following definitions (unless, in the given instance, the context wherein import a diffemntmeaning): (a) The word "Grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful suc- essors or assigns; (b) The word "City" shall mean the City of San Juan Capistrano, a municipal corporation of the State of California, in its present incor- porated form or in any later reeongized, consolidated or reincorporated 100 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; (d) The word "Engineer" shall mean the City.Engineer of the City; (e) The word "Gas" shall mean natural or manufactured gas or a mixture of natural and manufactured gas; (f) The phrase "Pipes and Appurtenances" shall mean pipe, pipeline main service, trap, vent, vault, manhole, meter, gauge, regulator, valve conduit, appliance, attachment, a�ppurtenance and any other property lo- cated 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. (g) The phrase "lay and use" shall mean to lay, construct , erect, install, operate, maintain, use, repair, replace, or remove. SECTION T'WO That the right privilege and franchise, subject to each and all of the terms and conditions contaLned in this ordinance 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 hereby granted to SOUTHERN COUNTIES GAS CObTPANY OF CALIFORNIA, a co- orporation organized and existing under and by virtue of the laws of the State of California, herein referred to as the "Grantee" to lay 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 terns or period from and after the effective date hereof that is to say, this franchise shall endure in full force and eff- ect until the same shall, with the consent of the Public Utilities Com- mission of the State of California, be voluntarily surrendered or aban- doned by As possessor or until the State of California or some munici- pal or public cormration thereunto duly aut:orized by law shall purch- ase 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 territ%tial limits of the state, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for non-conplianee with its terms by the possessor thereof. 10'7 SECTION THREE 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 per cent (2%) 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 per cent (1%) of the gross annual receipts of the grantee derived from the sale of gas within limits of the City under this franchise. The grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise and withnthree (3) 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 stall be the duty of the grantee to pay to the City within fifteen (15) 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 a forfeiture of this franchise and of all rights thereunder. SECTION FOUR States, the speciEed percentage of its gross receipts for the calendar. year, or such fractional calendar year, covered. This grant is made in lieu of all other franchises, rights, or privileges owned by the granting, 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, rights and privileges within the limits of this City, as such limits now or may hereafterexist in lieu of which this franchise is granted. 108 SECTION FIVE 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 there- after 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. SECTION SIX The franchise granted hereunder shall not in any way or to any entent 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.npthingherein:cohtained shall be construed to con- tract 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 thereof at the time of the acquisition thereof. SECTION SEVEN 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 bf such facilities. (b) pay to the City on demand the cost of all repairs to public property made necessary by any operation of the grantee under this franchise; (c) indemnify and hold harmless the City and its officers from any 109 and all liability for damages proximately resulting from any operation under this franchise; and be liable to the City for all damages proxima- tely 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; and (d) remove.or relocate, without expense to the City, any facilities installed, used and maintained under this franchise if and when made nec- essary by any lawful change of grader- alignment or width of any public street, way,alley, or place, including the construction of any subway or viaduct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted the- reby, written evidence of the same, certified thereto by the grantee or its duly aut".orized officers. feib 606IMPHI 9 The Enrineer 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 constucting any pines 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 unreasona"ly withheld); all such construction shall be subject to the inspection of said Engineer and done to his reasonable satisfaction. When it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same where pra- cticable and eoonomically reasonable shall be done by d tunnel or bore, so as not to disturb the foundation of such paved of 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 Fngineer upon application thereof. SECTION NINE If any portion of any street shall be damared by reason of defects in any of the pipes and anpurtenances maintained or constructed under 110 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, imm- ediately 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 o. -,cured, such work to be done under the direction of the Engineer, r nd to his reasonable satisfaction. SECTION TEN (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 (10) 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 fra.chise, in the event of non-compliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION ELEVEN The grantee of this franchise shall pay to the City a sum of money sui'ficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such expenses. SECTION TWELVE Not later than thirty (30) days after the publication of this ord- inance, the grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the _ terms and bonditions hereof, SECTION THIRTEEN The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published once in the Coastline Dispatch. fSYYPl-191 City Clerk d z -Zn Mayor ill I hereby certify that the foregoing- ordinance was adopted by the City council of the City of Sar: Juan Capistrano on the 25th day of September, 1961 by the following votes: f AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares and Buchheim. NOES: Councilmen: None. ABSENT: Councilmen: None. City Clerk ORDINANCE NO. 34 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO REGULATING AND CONTROLT,ING THE DESIGN, CONSTRU d - - CTION, ILLUMINATION, LOCATION AND MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES. - The City Council of the City of San Juan Capistrano does ordain as follows: SECTION 101. The purpose of this ordinance is to provide mainimum standards to safeguard life, health, property and public welfare by re- gulating and controlling the design, quality of materials, construction illumination, location and maintenance of all sign and structures. It is not intended to regulate small portable signs inside a building. SECTION 102. DEFINITIONS. A. APPROVAL COMBUSTIBLE MATERIAL shall mean wood or material not more combustible than wood APPROVED PLASTICS shall mean only those plastics, when tested in accordance with American Socity for Testing Materials standard method for test for flammability of Plastics over 0.050 inch in thickness (D634 -44) burn no faster than 2.5 inches per minutes in sheet of 0.060 inch thickness. B. BUILDING OFFICIAL, the officer or other person charged with the administration and enforcement of the building code, or his duly author- ized representative. C. DISPLAY SURFACE, the surface made available by the structure for the mounting of material to carry the advertising message. D. ELECTRICAL SIGN shall mean any sign which has characters, let- ters, figures, designs, or outline illuminated by electric lights or lu- minous tubes as partofthe sign proper. E. COMINATION SIGN shall mean any sign incorpotating any combination