ORDINANCE NO. 426U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GRANTING AN EXTENSION TO SOUTHERN CALIFORNIA GAS COMPANY OF A PREVIOUSLY GRANTED RIGHT, PRIVILEGE, AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS AND ALLEYS WITHIN THE CITY OF RANCHO PALOS VERDE AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds:
1.1 On September 20, 1955, the Board of Supervisors of the County of Los Angeles (the “County”) adopted Ordinance No. 6765 (“LA County Ordinance No 6765”) granting to Southern California Gas Company (the “Gas Company”) the right, privilege, and franchise (the “Original Franchise”) to lay, construct, erect, install, operate, maintain, use, repair, replace, and remove pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, attachments, and other appurtenances for transmitting and distributing gas for any and all purposes under, along, across, over or upon the highways, ways, and alleys of unincorporated Los Angeles County for a period of fifty (50) years.
1.2 The City of Rancho Palos Verdes (the “City”) subsequently incorporated, and the territorial limits of the City include former portions of the unincorporated County that were included in the Original Franchise area. Upon the City’s incorporation, the administration and authority to extend or renew the Original Franchise with respect to the newly incorporated area transferred to the City.
1.3 The City is empowered by the Franchise Act of 1937 (Division 3, Chapter 2 of the Public Utilities Code of the State of California) to grant franchises for the transmission and distribution of gas and to prescribe the terms thereof.
1.4 The Original Franchise expires at 11:59 p.m. on October 21, 2005. The City and the Gas Company have commenced negotiations under the Franchise Act of 1937 and are currently in the process of negotiating a new franchise agreement (the “New Franchise”). As of the date of this Ordinance, the parties have not reached final agreement on the terms of the New Franchise.
1.5 The City desires to extend the term of the Original Franchise for a period of 60 days in order to allow the parties to complete their negotiations with respect to the New Franchise.
Section 2. The City hereby extends the term of the Original Franchise for a period of 60 days, through and including December 21, 2005. Except as otherwise provided in this Ordinance, all terms and conditions set forth in LA County Ordinance No. 6765 shall remain in full force and effect during the extension of the term granted herein.
Section 3. The Gas Company is a quasi-public utility that supplies natural gas service within the boundaries of the City. The gas service to the City’s residents must be continued without interruption in order to protect the public health, safety and welfare of the residents therein and the general public. Therefore, it is necessary to extend the Original Franchise pending the completion of negotiations and the granting of a new franchise to the Gas Company. In order for the gas service to continue without interruption of service, the City must grant a new franchise before the expiration of the Original Franchise. The Original Franchise is set to expire at 11:59 p.m. on October 21, 2005, and the parties have not reached final agreement on the terms for a new franchise. There is insufficient time for the parties to complete these negotiations and adopt an ordinance granting a new franchise before the Original Franchise expires. Further, there is insufficient time for this ordinance granting an extension to the term of the Original Franchise to become effective without a single reading and immediate effectiveness. It is therefore urgent that the extension of the franchise term become effective immediately to prevent an interruption in the gas service provided by the Gas Company to the City’s residents. An interruption in such service is of great public concern. The residents rely on natural gas for cooking, heating, and other necessities of daily life. It is imperative that the gas service to the City’s residents be continued without interruption in order to protect the public health, safety and welfare of the residents therein and the general public. This ordinance is necessary for the immediate preservation of the public health, safety and welfare, declares the facts constituting the urgency, and is passed by at least a four-fifths vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b).
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2005.
/s/ Larry Clark
/s/ Carolynn Petru
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 426U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 18, 2005, and that the same was passed and adopted by the following roll call vote:
AYES: Gardiner, Long, Stern, Wolowicz, and Mayor Clark