CC 2015-06-23_10a Presentation_SoCalGas Pipeline Safety Enhancement Project
MEMORANDUM
TO: CITY COUNCIL
FROM: GEOFF ENGLISH, PUBLIC WORKS DIRECTOR
SUBJECT: PRESENTATION BY SOUTHERN CALIFORNIA GAS COMPANY ON
THE PIPELINE SAFETY ENHANCEMENT PROJECT INCLUDING LINE
REPLACEMENT ROUTING
DATE: JUNE 23, 2015
RECOMMENDATION:
It is recommended the City Council receive and comment on a presentation by
Southern California Gas Company staff on the proposed Pipeline Safety Enhancement
Project including replacement line routing.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no financial impacts of the proposed recommendations. All project expenses
will be paid by Southern California Gas Company (SoCalGas). In addition, SoCalGas
will pay for City inspection services for this project.
BACKGROUND:
Following the 2010 natural gas pipeline rupture in San Bruno, the California Public
Utilities Commission (CPUC) ordered the State’s four natural gas transmission pipeline
operators – Pacific Gas & Electric, Southwest Gas, San Diego Gas & Electric, and
Southern California Gas Company -- to develop plans to replace or pressure test all
natural gas transmission pipelines that have not been tested to modern standards. The
intent was to adopt new safety and reliability regulations for natural gas pipelines, based
upon lessons learned from the 2010 San Bruno incident.
In response, SoCalGas submitted a Pipeline Safety Enhancement Plan (PSEP) to
implement the directives of the Commission to the CPUC. The SoCalGas plan was
approved by the CPUC in June 2014. The approved plan is intended to enhance
SoCalGas’ pipeline system safety. This work is part of a system-wide effort to further
enhance the safety of pipelines throughout the State. The CPUC approved plan
identifies various SoCalGas pipeline sections throughout the statewide system that
have not been pressure-tested, or for which there is no record of a pressure test, and
requires that they be pressure-tested or replaced.
Item 10.a. - Page 1
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 2
On February 10, 2015, SoCalGas made a presentation to the City Council at which time
information was presented about the hyrdo-testing portion of the PSEP within the
Arroyo Grande City limits. The hydro-testing activities occurred on West Branch Street
in two locations, one near the intersection with Oak Park and the other near the
intersection with Brisco Road. This hydro-testing work has been completed. SoCalGas
representatives will present the findings of the hyrdo-testing phase of the project.
At the February 10, 2015 City Council meeting, SoCalGas representatives notified the
City that information would be provided about the next phase of the PSEP, a line
replacement project with an undetermined route. SoCalGas has now provided City staff
with the proposed route for the line replacement portion of the PSEP. This item was
previously scheduled for City Council review on April 14, 2015; however the item was
pulled for consideration at the request of SoCalGas.
ANALYSIS OF ISSUES:
SoCalGas will make a presentation to the City Council on the proposed routing for the
line replacement portion of the PSEP and has provided the following information.
SoCalGas pipeline replacement in Arroyo Grande- 2016
(Description below provided by SoCalGas)
Southern California Gas Co. (SoCalGas) is undertaking a two phase project in Arroyo
Grande to ensure gas pipeline safety by the directive of the California Public Utility
Commission (CPUC). The statewide project is known as the Pipeline Safety
Enhancement Plan (PSEP). PSEP, as mandated by the CPUC, is intended to ensure
the public’s safety concerning all natural gas transmission pipelines, regardless of the
operating history of those lines. The first phase of the Arroyo Grande project completed
hydrostatic pressure testing in mid May 2015 on West Branch Street at Brisco and West
Branch Street at Oak Park. As expected, the results of the test proved and verified the
safety of the gas pipeline. This work was coordinated with the City to minimize traffic
congestion and exposure to a nearby school. The work on the first phase was
completed quickly, without incident and without impacting the City’s Strawberry Festival.
Phase two of the Arroyo Grande project will replace and/or decommission existing
pipelines that have been in service since 1932. SoCalGas strongly believes these
existing facilities are safe, with an excellent operating history. However, the CPUC has
determined that this line needs to be replaced because of its age. The new 10-inch
steel pipeline will begin near the intersection of Rodeo Drive and West Branch Street
and is planned to end near the intersection of Valley Road at Los Berros Road. The
selected route for this new line has been chosen to minimize the impact to the
community.
Item 10.a. - Page 2
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 3
Exhibit showing preferred gas pipeline route in green
The proposed path starts at West Branch Street, travels under US 101, down Halcyon
Road, then travels east on Fair Oaks and finally down Valley Road to Los Berros.
Underground borings, a trenchless construction method, are being planned to minimize
the traffic congestion at major intersections and protect creeks. Locations of
underground borings are planned as follows:
1. From North Halcyon Road near El Camino Real to Branch Street near Rodeo
Drive, under the US 101 highway.
2. Along North Halcyon Road, under East Grand Avenue.
3. Valley Road at Los Berros Creek, under both the creek and the road.
Other alternate routes for the new pipeline were considered (see below), but were
replaced in favor of the route shown above. Major roadways were chosen over
residential streets to minimize neighborhood disturbances. Routes that anticipated the
use of narrow roadways were reviewed and excluded to eliminate the need for road
closure during construction. After an archeological investigation and consultation with
the local Native American tribes, some other routes were eliminated due to the high
probability of encountering cultural artifacts. And finally, routes that required the use of
large amounts of private land or would likely fail the necessary review and approval of
Caltrans were also avoided.
Item 10.a. - Page 3
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 4
Red lines indicate all pipeline routes that were reviewed
Construction is planned to start in the summer of 2016 and is estimated to take six
months to complete. All natural gas customers will continue to have natural gas service
during this work. The Southern California Gas Co. will be notifying nearby
residents/businesses of the construction work via an early public outreach campaign to
raise awareness and continue to coordinate this work with the City of Arroyo Grande.
The safety of our customers, our employees, and the communities we serve is our
highest priority.
A full description of the project provided by SoCalGas and the project routing is
attached (Attachment #1) and will be discussed by representatives during the
presentation. City staff support the recommended routing alignment, however we will
need to work closely with the SoCalGas Engineering staff throughout the design
process to ensure protection of the City’s existing utilities within the proposed route and
Item 10.a. - Page 4
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 5
consider the accommodation of potential future underground utility needs such as
conduit for fiber optics and communication lines and/or recycled water transmission
lines.
SoCalGas currently has a Franchise Agreement with the City (Attachment #2), which
grants SoCalGas the right to lay and use pipes and appurtenances for transmitting and
distributing gas under, along, across or upon public streets. In exchange, SoCalGas
pays the City a statutorily proscribed fee set by the Franchise Act of 1937, of two
percent of SoCalGas’ gross annual receipts arising from the use of the franchise but no
less than one percent of gross annual receipts derived from the sale of gas within City
limits.
The Franchise Agreement requires SoCalGas to construct all pipe lines in accordance
with all rules and regulations of the City. SoCalGas will be required to obtain
encroachment permits from the City. The Franchise Agreement also contains language
giving the City Engineer authority to approve plans showing the location of pipes.
Further, the Franchise Agreement requires SoCalGas to pay the costs of all repairs to
public property made necessary by any operation of SoCalGas.
City staff had previously recommended the following conditions and mitigations for the
impacts of the hydro-testing portion of the SoCalGas project and recommends that the
same conditions apply to the line replacement portion:
1. Secure a separate encroachment permit from the City of Arroyo Grande, with all
necessary attachments, including construction plans, traffic control plans, public
outreach efforts and emergency contact information. Per the Franchise
Agreement between the City and SoCalGas, the City Engineer has authority to
approve the construction plans.
2. Reimburse the City of Arroyo Grande $1,394 for the cost to purchase a Caltrans
encroachment permit for the Brisco Undercrossing paving project. (This actual
financial impact resulted when SoCalGas informed the City previously about the
routing of the project under the Brisco underpass. Paving work scheduled for the
summer of 2014 was canceled in anticipation of the trenching work to be
performed by SoCalGas. A new Caltrans encroachment permit will be required
at an additional cost.)
3. Meet all City standards for construction in the public right of way, including trench
repair requirements along with full-lane width paving for any disturbed area road
sections.
4. Confirmation of environmental impact determination through a California
Environmental Quality Act (CEQA) review process or arrangement of an
environmental review process with the City of Arroyo Grande serving as the lead
Item 10.a. - Page 5
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 6
agency, funded by SoCalGas. (According to SoCalGas, environmental review
has been completed, however, CEQA does not apply to the project because the
proposed activity is either statutorily exempt pursuant to Public Resources Code
§21080.21 or categorically exempt pursuant to either/or §15301 (Class 1),
§15302 (Class 2) and §15304 (Class 4) of the State CEQA Guidelines.)
5. Fund the cost of ½ day inspection services for a City hired Inspector on all active
days of work within the City boundaries.
6. Design plans for the re-routed high-pressure gas line will be subject to review
and approval by the City Engineer, reserving space within the Right of Way for
future underground facilities including but not limited to conduit for recycled water
and fiber optics.
SoCalGas has agreed to the above stated conditions. Staff also explored the potential
opportunity to install “purple pipe” for reclaimed water in the same or adjacent trench. In
accordance with the agreement between SoCalGas and the CPUC for the
administration of the PSEP program, project enhancements are not allowed with this
project. According to SoCalGas, only testing and remediation of the lines to assure the
public safety are permitted expenses.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Provide additional conditions to SoCalGas for the proposed Pipeline Safety
Enhancement Plan project;
Direct SoCalGas to provide additional options for routing of the line replacement
portion of the project;
Provide direction to staff.
ADVANTAGES:
This project will improve the safety and reliability of the natural gas pipelines routed
through the City of Arroyo Grande.
DISADVANTAGES:
This project will cause significant but temporary traffic disruptions for Arroyo Grande
motorists during construction activities. If the project proceeds, City staff will work with
SoCalGas to coordinate a comprehensive traffic control program and a public outreach
campaign.
ENVIRONMENTAL REVIEW:
SoCalGas will be responsible for confirmation of compliance with California
Environmental Quality Act (CEQA) and must pay for the preparation of the appropriate
environmental compliance documentation prior to issuance of the City of Arroyo Grande
encroachment permit.
Item 10.a. - Page 6
CITY COUNCIL
SOUTHERN CALIFORNIA GAS PIPELNE SAFETY PROJECT INCLUDING LINE
REPLACEMENT ROUTING
JUNE 23, 2015
PAGE 7
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted at City Hall on Thursday, June 18, 2015. The agenda and staff
report was posted on the City’s website on Friday, June 19, 2015. No public comments
were received as of the time of preparation of this report.
Attachments:
1. Routing and Project Description (Provided by SoCalGas)
2. Ordinance No. 59- Franchise Agreement
Item 10.a. - Page 7
ATTACHMENT #1
SoCalGas pipeline replacement in Arroyo Grande, 2016
Southern California Gas Co . (SoCalGas) is undertak i ng a two phase project in Arroyo Grande to ensure gas pipeline
safety by the directive of the California Public Utility Comm ission (CPUC). The statewide project is known as the
Pipeline Safety Enhancement Plan (PSEP). PSEP , as mandated by the CPUC, is intended to ensure the public safety
concerning all natural gas transmission pipelines , regardless of the operating history of those lines . The first phase
of the Arroyo Grande project completed hydrostatic pressure testing in mid May 2015 on West Branch Street at
Brisco and West Branch Street at Oak Park . As expected , the results of the test proved and verified the safety of
the gas pipeline . This work was coord i nated w ith the City to minimize traffic congestion and exposure to a nearby
school. The work on the first phase was completed quickly, without incident and without impacting the City's
Strawberry Festival.
Phase two of the Arroyo Grande project will replace and/or decommission existing pipelines that have been in
service since 1932. SoCalGas strongly believes these existing facilities are safe , with an excellent operating history.
However, the CPUC has determined that this line needs to be replaced because of its age. The new 10-inch steel
pipeline will begin near the intersection of Rodeo Drive and West Branch Street and is planned to end near the
intersection of Valley Road at Los Berros Road. The selected route for this new line has been chosen to minimize
the impact to the community.
Exhibit showing preferred gas pipeline route in green
The proposed path starts at West Branch Street, travels under US 101, down Halcyon Road , then travels east on
Fair Oaks and finally down Valley Road to Los Berros . Underground borings, a trenchless construction method, are
being planned to minimize the traffic congestion at major intersections and creeks. Locations of underground
borings are planned as follows:
1. From North Halcyon Road near El Camino Real to Branch Street near Rodeo Drive , under the US 101
highway.
Item 10.a. - Page 8
2. Along North Halcyon Road, under East Grand Avenue .
3. Valley Road at Los Berro s Creek, under both the creek and the road .
Other alternate routes for the new pipeline were considered (see below), but were replaced in favor of the route
shown above . Major roadways were chosen over residential streets to minimize neighborhood disturbances.
Routes that anticipated the use of narrow roadways were reviewed and excluded to eliminate the need for road
closure during construction . After an archeolog ical investigation and consultation with the local Native American
tribes , some other routes were eliminated due to the high probability of encountering cultural artifacts . And
finally, routes that required the use of large amounts of private land or would likely fail the necessary rev i ew and
approval of Caltrans were also avoided .
Red lines indicate all pipeline routes that were reviewed
Construction is planned to start in the summer of 2016 and is estimated to take six months to complete. All natural
gas customers will continue to have natural gas service during this work. The Southern California Gas Co . will be
notifying nearby residents/busine ss es of the construction work via an early public outreach campaign to raise
awareness and continue to coordinate this work with the City of Arroyo Grande . The safety of our customers, our
employees, and the communities w e serve is ou r highest priority .
Item 10.a. - Page 9
For more information regarding Southern California Gas' Pipeline Safety Enhancement Plan, please visit
http://www.socalgas.com/safety/pipeline-safetv-enhancement-plan/
Item 10.a. - Page 10
..
ATTACH~ENT 2
;,_
ORDINANCE NO ...... §..f .................... .
AN ORDINANCE OF THE CITY OF ............. M.m9~ .. 9. ... gMJJ.P..~ ......... , ........................................................ ,
GRANTING T0 ............... 9.Ml:J:I:! ... MABJ..A .. 9 .. ~S .... 9.Q.M.~ill .................................................................... _._,
A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPE$
AND APPURTENANCES FOR TRANSMITTING 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 H.A Y HEREAFTER
EXIST. WITHIN SAID MUNICIPALITY.
Council · Thc..C:~.J;yJ ............ of the City of ....... Arroy.o-··G-ral'lcle·············· .. ···········-······docs ordain as follows:.
SECTION ONE
Whenever in this ordinance the words or phrases hereinafter in this section defined 11re used,
they shall have the respective meanings aesigned to them in the following definitions (unless, in the
given instance, the context wherein they are used shall.clearly import _a different meaning) : ..
(a) The word "Grantee" shall mean the corporation to which the franchise contemplated in
this ordinance is granted and its lawful successors or aSBigns;
(b) The word "City" shall mean the City of ......... Ar.r.oy.o ... Ur.ande ........... -................................ .
a. municipal corporation of the State of California, in Its present incorporated form or in any
later reorganized, consolidated or reincorporated form; ·
(c) The word "streets" shall mean the public streets, ways, alleys and places as the same now
or may hereafter exist within enid City;
(d) The word "Engineer" shall mean the..SU'tle.rint.eodent ... .Q.t: ... !:J.tr.e.e.t.s .... 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, appurte-
nance 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 Uie transmitting andjor distribution of gaa.
(g) The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain,
use, repair, replace, or remove.
SECTION TWO
That the right, privilege.and franchise, subject to each and all of the tenns and conditions con-
tn.lned in this ordinance, and pursuant to the Provisions of the "FraJ'!chise Act of 1937," be and the
same is hereby granted to ......... Sa.nt.a...Mar.ia .. .Ga..s •.• Cam{la.ey. .................................................................. .
............................. _ ...................... -...................................................................... _ .............. -................. , a corporation
organit.ed and existing under and by virtue of the laws of the State of California, herein referred to
ns the· "Grantee!!,. to-ie.y .and UBe pipes. and-appurtenances. {Qr .. transmltting.and.dist.ributing gas for
any and all purposes .. under, along, acr06B or upon the streets, of the City, for an indeterminate tenn
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 Railroad Commiasion of the State of
California, be voluntarily surrendered or abandoned by its possessor, or until the State of California
or some municipal or public corporation thereunto duly nuthorit.ed by law shall purch.asc by volun-
tary agreement or shall condemn and take under the power of eminent domain, all property actually
used and nseful 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 fran•
chise shall be forfeited for non-compliance with its terms by the posseasor thereof.
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'}"o) of the groas annual
receipts of grantee arising from the use, operation or possession of. said franchise; provided, how-··
ever, that such payment shall in no event be less than one per cent (1 '/o) of·the groas annual-receipts·
of the grnntce derived from the sale of gas with_in the limits of the City under this frlmchisc.
Item 10.a. - Page 11
The grantee of this franchise shall file with the Clerk of the City within three (S) months after
the expiration of the calendar year, or fractional calendar year, following tho date at the grant of ·
this franchise, and within three (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 Ita.
successors or assigns, during the preceding calendar ·year, -or such fractional calendar year, f~om.
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 (16) days after the time for filina such statement,
In lawful money of the United States, the specified percentage of Ita gross receipts for the calendar
year, or such fractional calendar year, covered by such statement. Any neglect, omlsalon or refusal·
by said grantee to file such verified statement, or to pny sn.id percentage, at the times or In the
manner hereinbefore provided, shnll be grounds for the declaration of a forfeiture at thla franchise· ·
and of all rights thereunder.
SECTION FOUR
This grant is made in lieu of all other franchlscs, ·rights, or .prlvilegcs owned by the grantee,
or by any successor o! the grantee to any rights under this franchise, for transmitting and distrib-
uting gas within the limits of the City, as said limits now or may hereafter exist, and the aceeptance .
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.
SECTION FIVE
The franchise granted hereunder shnll 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 accept-
ance shall constitute a continuing agreement of the grantee that if and when the City shall there-
after annex or consolidate with, additional territory, any n.nd all franchise rights and privileges·
owned by the grantee therein, except the franchise-derived under the aforesaid Constitutional pro..
vision, 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 extent impair or affect the right
of the City to acquire the property of the grantee hereof either by purchaae or throua-h 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 th~ grnntce or any public utility. Nor shall thls franchise ever be given any value before
any court or other public authority in any proceeding of nny 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.
SECTION SEVEN
The grantee of this franchise shall file 8 bond, running to the City, with at least tw_o gQPfJ and ..
sufficient sureties, to be approved by the legislative body thereof, in a penal sum of ,_J.QQQ .•. 9.V.._._ .. ,
conditioned that the grantee shall well and truly observe, fulfill and perform each and every term
nnd condition of this franchise, and that In case of any breach of condition of said bond, the whole
amount of the penal sum therein named shall be taken and deemed to be liquidated 'damages and
shall be recoverable from the principal and suretiCB upon said bond. Said bond shall be filed with··
the legislative body o! the City within five (6) days after the date of the granting of tltis franchise;·_
and in case enid bond shall not be so filed, or shall not receive the approval of the lcgiolntive body,
this franchise shall be forfeited and any money paid to the City In connection therewith shall like-
wise be forfeited.
SECTION EIGHT
The grantee of this franchise shall
(a) constr~ct, i~ot,nlLan_d l!'lllintain _all pipes, and.appurtenances.in-accordance-with .and-ln-.. -------1
conformity with all of the ordinnnces, rules and regulations heretofore or hereafter adopted by the
legislative body of this City in the exercise of ita pollee powers nnd not In confilct with the pars-
mount authority of the Slate of California, and, as to State highways, subject to the provisions of
general laws relating to the location and mn.intenance of such facilities:
(b) pay to the City, on demnnd, the coet 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 ita officers from any nnd all liability for dam-
ages proximately resulting from any operations under this franchise:
(d) remove or relocate, without expense to the City, any facilities installed, used and main-
tnincd under this franchise if and when mode neceaanry by nny lawful change of ATBde. alisrnment
or wldt.h oC any public etrcct, wny, alley or place, including the construction of any subway or via-
duct 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 or' the rights or privileges
granted thereby, written evidence of the same, certified thereto by the grantee or its duly author-
ized officers.
Item 10.a. - Page 12
...
SECTION NINE
The Engineer shall have power to give the grantee such directions for the location of any pipes
and appurtenances as may be reasonably necesaary to avoid sewers, water pipes, conduit& or other
structures Ia wfully in or under the streets; and before the work of constructing any pipes and .
appurtenances Ia commenced, the grantee shall file with said Engineer plana.showhur the location
thereof, which shall be subject to the approval of said Engineer (such approval not to be unreason-·
ably withheld) ; and all such construction shall be subject to the inspection of aafd Enlrineer and·
done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes
shall at all times be kept ftush 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.
Where It is necessary to lay 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, ao 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.
SECTION TEN
If any portion of any street shall be damaged,.by reason of defects in any of the pipes and
appurtenances malntalned.or constructed under this grant, or by reason of any other cause arising
!rom 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
reasonable satisfaction. ·
SECTION ELEVEN
(a-) If the grantee of this franchise shall fall, neglect or refuse to comply with any of the
provisions or conditions hereof, and shall not, within ten (10) days after written demand for com-·
pliance. begin the work of compliance, or after such beginning shall not prosecute the same with
due diligence to completion, then the City, by ita legislative body, may declare this franchJse forfeited.
(b) The City may eue in its own name for the forfeiture of this franchise, in the event of
non-compliance by the grantee, its successors or assigns, with. any of-the conditions thereof.
SECTION TWELY.E
The grantee of this franchise shall pay to t.he City a sum of money sufficient to reimburse it
for all publication nxpenaes 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 THIRTEEN
Within ten (10) days after the passage and publication of this ordinance, the grantee shall file.
with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to
comply with the tenns and conditions hereof. ·
SECTION FOURTEEN
The City Clerk shall certify to the adoption of this ordinance and shall cause the aame to be
published once in thc... .... Ar.r.o~.o ... .Gr.a.od.e ... H.er.ald. .. .tie.c.o:~:d.e.r. ........ ..
I hereby certify that the foregoing ordinance was adopted by the. ....... C.1.tY. ... ~ .. Q.\ID.g:1..:J: ... _ ..... __ ,
of the City oL .... A:r.!:QY.9 .... Q.r..~r.!!'!~ ................ _ ...... , on the. ... *.5..~.1:L_day of ...... .P..~.¥.~.m'!?.~.r-..... , 19.J.7,
by the following votes:
Ayes:
Noes:
.... ~ .. ~~······-·· =~~.t.1d~-.
-fr I~L:.-. /] . ooooooU••••,••ooooooo~~-=~~•••-••••••••••-••--•••oooon
..... ~.:-............................................. .
0 /) I \
........ 1./-''L::.~ .. ~ ................... __
City'Clerk .
Item 10.a. - Page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Item 10.a. - Page 14