ORD 430U ORDINANCE NO. 430U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GRANTING TO SOUTHERN
CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES 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 MAY HEREAFTER EXIST, WITHIN THE CITY OF RANCHO PALOS VERDES AND
DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN
AS FOLLOWS:
SECTION ONE
Whenever in this ordinance the words or phrases hereinafter in this section defined
are used, they shall have the respective meanings assigned 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 "Franchisee" shall mean Southern California Gas Company, and its
lawful successors or assigns;
(b) The word "City" shall mean the City of Rancho Palos Verdes, 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, and alleys as the
same now or may hereafter exist within said City;
(d) The word "Director" shall mean the Director of Public Works of the City;
(e) The word "franchise" shall mean and include any authorization granted
hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and
appurtenances for transmitting and distributing gas for any and all purposes under, along, across or
upon the public streets, ways, and alleys in the City, and shall include and be in lieu of any existing
or future City requirement to obtain a license or permit for the privilege of transacting and carrying on
a business within the City or any additional territory hereinafter annexed by or consolidated with the
City; provided that any such additional territory shall only be subject to one surviving franchise
agreement as determined by the Los Angeles County Local Agency Formation Commission;
(f) The word "gas" shall mean only natural or manufactured gas, or a mixture of
natural and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable,
main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance,
attachment, appurtenance 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, or in carrying on the business of,
transmitting and distributing gas;
(h) The phrase "lay and use" shall mean to lay construct, erect, install, operate,
maintain, use, repair, replace, or remove;
(I) The word "release" shall mean any discharge, active or passive migration,
deposit, burial, emplacement, seepage, or disposal of a Contaminant into the environment
originating from any Facility or from Franchisee's activities; and
(j) The word "Contaminant" shall mean any material, substance or constituent
originating from Franchisee's facilities or activities, whether solid, liquid, semisolid, or gaseous in
nature, including any hazardous substance or waste, hazardous material, chemical compound,
petroleum (or fraction thereof), or any hydrocarbon substance, pollutant or contaminant, as those
terms are defined by any federal, state or local law, rule, regulation or order.
(k) The phrase "Applicable Law" shall mean all present or future federal, state,
municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements,
judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to the
Franchisee or any of Franchisee's facilities or activities.
SECTION TWO
(a) By this ordinance, the City Council hereby grants to Franchisee the
nonexclusive right, privilege and franchise, subject to each and all of the terms and conditions
contained 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, for the sole purpose of
laying and using pipes and appurtenances to transmit and distribute gas for any and all purposes,
under, along, across or upon the streets of the City or any additional territory hereinafter annexed by
or consolidated with the City; provided that any such additional territory shall only be subject to one
surviving franchise agreement as determined by the Los Angeles County Local Agency Formation
Commission. The granting of this Franchise shall not prevent the City from granting any identical or
similar franchise to any person or entity other than the Franchisee.
(b) The term or period of this franchise shall be for a period of twenty-five (25
years)from and after the effective date hereof in full force and effect until the same shall, with the
consent of the Public Utilities Commission 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 authorized by law shall purchase 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 situated within the territorial limits of the State, municipal or public corporation
purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance
with its terms by the possessor thereof.
(c) In the event the Franchise Act of 1937 ("Franchise Act") is amended by the
Legislature or interpreted by a final decision of the Supreme Court of the State of California in a
manner that materially affects or materially changes the rights or obligations of the parties (both of
which events are hereafter referred to as "Change in Law"), City or Franchisee shall meet to
negotiate changes to this franchise which may be appropriate in view of such Change in Law. The
parties agree to meet and to negotiate in good faith in a commercially reasonable manner.
SECTION THREE
(a) The Franchisee 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 percent(2%)of
the gross annual receipts of Franchisee arising from the use, operation or possession of said
franchise; provided, however, that such payment shall in no event be less than one percent(1%) of
the gross annual receipts of the Franchisee derived from the sale of gas within the limits of the City
under this franchise; and further provided, notwithstanding any other provision of this Agreement,
Ordinance No. 430U
Page 2 of 9
that in the event the Legislature shall amend the Franchise Act of 1937 (Public Utilities Code Section
6201-6302)to permit a franchise payment greater or less than the percentage formula specified
herein, the Franchise fee agreed upon herein shall be automatically changed to the amount allowed
by the Legislature in amending such act. No increase in the Franchise fee that results from the
application of this section shall take effect until the Franchisee has filed in good faith and the
California Public Utilities Commission (the"PUC") has approved an application to adjust rates to
enable Franchisee to pass said Franchise fee increase through to consumers. The City agrees to
support said application to the PUC and shall provide such reasonable assistance to the Franchisee
as Franchisee may request, including, but not limited to, providing declarations and/or testimony in
support of said rate adjustment. In the event the PUC approves a retroactive rate adjustment, the
effective date of the increase in the Franchise fee will be correspondingly retroactive.
(b) The Franchisee 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 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
Franchisee, 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
shall be the duty of the Franchisee 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 Franchisee 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
This grant is made in lieu of all other franchises owned by the Franchisee, or by any
successor of the Franchisee 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 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 shall not become effective until written acceptance
thereof shall have been filed by the Franchisee thereof with the Clerk of the City. When so filed,
such acceptance shall constitute a continuing agreement of the Franchisee that if and when the City
shall thereafter annex or consolidate with additional territory, any and all franchise rights and
privileges owned by the Franchisee therein shall likewise be deemed to be abandoned within the
limits of the additional territory. If Franchisee fails to file the written acceptance within the time and
in the manner prescribed by this Section, Franchisee shall be deemed to have accepted each and
every term of the Franchise.
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 Franchisee hereof either by purchase or through
the exercise of the right of eminent domain, and nothing herein contained shall be construed to
contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent
domain in respect to the Franchisee; 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
Ordinance No. 430U
Page 3of9
Franchisee of the necessary publication and any other sum paid by it to the City therefore at the time
of the acquisition thereof.
SECTION SEVEN
The Franchisee 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 of such facilities;
(b) Pay to the City, on demand, the cost of all repairs to public property made
necessary by any operations of the franchisee under this franchise;
(c) Indemnify, defend and hold harmless the City and its elected and appointed
officials, officers, employees and agents from any and all liability for damages resulting from, arising
out of, or claimed to arise out of, directly or indirectly, the negligent or wrongful acts, errors or
omissions of Franchisee in conducting any operations under this Franchise; and be liable to the City
for all damages resulting from the failure of said Franchisee 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. Franchisee acknowledges that any
claims, demands, losses, damages, costs, expenses, and legal liability caused by the release or spill
of any Contaminant as a result of Franchisee's use of or the existence of the pipes and
appurtenances are expressly within the scope of this indemnity; to the extent they are imposed or
required by the state agency with responsibility for the hazardous material or waste or the release or
spill, the costs, expenses, and legal liability for environmental investigations, monitoring,
containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines
arising from the violation of any local, state, or federal law or regulation, attorney's fees,
disbursements, and other response costs are expressly within the scope of this indemnity. This
subsection (c)shall survive the termination or expiration of this franchise and shall continue for so
long as franchise property of Franchisee is located within the City
(d) To the extent not in conflict with Applicable Law, if, in the reasonable
discretion of the Director, subject to appeal to the City Council, the Franchisee's Facilities conflict in
any way with the construction, relocation or repair of any City facility or storm drain or sewer owned
by the City of Rancho Palos Verdes, County of Los Angeles, or any successor agency to any of
these agencies, or if the Franchisee's Facilities impede any lawful change of grade, alignment or
width of any public street, way, alley or place, or conflicts with the construction of any subway or
viaduct by the City or other proper governmental use of the streets (collectively referred to as "public
projects"), the Franchisee shall remove or relocate its Facilities to the reasonably nearest alternative
location or other location mutually agreeable to the City and the Franchisee necessary to
accommodate the public project(s), either permanently or temporarily, as is mutually determined by
the Director and Franchisee to be within the time required by the Director. Said removal or
relocation shall be accomplished at no cost to the City. If the Franchisee, fails to remove or relocate
its Facility within the required time, or to pave, surface, grade, repave, resurface or regrade, the City,
to the extent permitted by Applicable Law, may cause the work to be done and shall keep an
itemized account of the entire cost thereof, and the Franchisee shall reimburse the City or other
public entity for such cost within thirty(30)days after presentation to said Franchisee of an itemized
account of such costs. The Franchisee shall hold harmless the City, its officers and employees and
the other public agency, if any, from any liability which may arise or be claimed to arise from the
moving, cutting, or alteration of any of the Franchisee's Facilities, or the turning on or off of gas,
Ordinance No. 430U
Page 4 of 9
electricity, cable or other services required to be accomplished by City or any other public agency as
a result of the Franchisee's failure to relocate said facility by the date established by the City or other
public agency. The Franchisee shall also be liable for any consequential damages incurred by the
City or other public agency arising from the Franchisee's failure to timely complete the work required
by this section;
(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 thereby, written evidence of the same, certified thereto by the Franchisee or its duly
authorized officers.
(f) At its own expense, Franchisee shall maintain during the life of the franchise
a policy or policies of commercial general liability, including pollution legal liability coverage and
workers' compensation insurance from companies authorized to transact business in the State of
California by the Insurance Commissioner of California and with an A.M. Best's Rating of"A" or
better.
(i) The commercial general liability insurance policy shall:
(A) be issued for Franchisee and name the City and its officers,
agents and employees as additional insureds.
(B) defend and indemnify the insureds against liability for which the
Franchisee is legally obligated to pay by reason of liability imposed upon Franchisee by law
or liability assumed by Franchisee under the franchise for personal injury, bodily injury,
wrongful death and property damage arising from the activities conducted pursuant to the
franchise by providing coverage therefore, including but not limited to, coverage for the
negligent acts or omissions of Franchisee and its agents, servants and employees,
committed in the conduct of franchise operations.
(C) provide coverage limits in the amount of ten (10) million dollars
($10,000,000.00), per occurrence, and if a policy aggregate applies, such policy aggregate
shall be twice the per occurrence limit;
(D) be noncancellable without thirty(30)days prior written notice, ten
(10)days for non-payment of premium, directed to the City Clerk.
(ii) The Workers' Compensation insurance requirement may be satisfied by
self-insurance if the Franchisee is a qualified self-insured as approved by the State of
California Department of Industrial Relations. Franchisee shall provide City a copy of the
certificate to self insure as issued by the California Department of Industrial Relations.
(iii) Franchisee shall file with the City Clerk certificates of insurance providing
the following information:
(A) The policy number.
(B) The policy effective date and the expiration date.
(C) The named insured and the certificate holder/additional insured.
(D) Type of coverage provided by each policy of insurance.
Ordinance No. 430U
Page 5 of 9
(E) The limits of coverage (required by the franchise)for each policy
of insurance.
(F) If applicable, all endorsements required by this section and
that form a part of the policy.
(iv) Franchisee retains the right to self-insure any of the insurance
requirements above, as provided for as a qualified self-insured by the State of California.
Franchisee also retains the right to determine what levels of deductibles or self-insured
retentions it maintains.
(v) The Franchisee shall not commence operations until Franchisee has
complied with the aforementioned provisions of this Section. The Franchisee shall cease
operations if the Franchisee fails to maintain said policies in full force and effect. In the event
any policy is cancelled, the Franchisee shall provide the City, at least five (5) business days
prior to the effective date of the cancellation, but not later than one (1)day prior to the
effective date of the cancellation, a certificate of insurance or confirmation of coverage binder
showing that the Franchisee has replacement insurance in full force effective on the effective
date of the cancellation.
The Franchisee may satisfy any or all of the insurances requirements under
this Section 16 through self-insurance, provided the Franchisee is a qualified self-insured as
approved by the State of California and the Franchise submits evidence of such
qualifications to the City. The Franchisee retains the right to determine what levels of
deductibles or self-insured retentions to maintain, provided, however, that such deductibles
or self-insured retentions are declared to and acknowledged by City's Risk Manager prior to
the commencement of this Franchise.
SECTION EIGHT
(a) The Director shall have the power to give the Franchisee 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
constructing any pipes and appurtenances is commenced, the Franchisee shall file with said Director
plans showing the location thereof,which shall be subject to the approval of said Director(such
approval not to be unreasonably withheld); and all such construction shall be subject to the
inspection of said Director and done to his or her reasonable satisfaction. All street coverings or
openings of traps, vaults and manholes shall at all times be kept flush 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.
(b) 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, so as not to disturb the foundation of such paved or
macadamized street; and in the event that the same cannot be so done, or in the event it is
necessary to cut the street in order to access existing pipes and appurtenances, such work shall be
done under a permit to be granted by the Director upon application therefor. Provided, however, that
the fee to Franchisee for such a permit shall be imposed on a nondiscriminatory basis only to the
extent such fees are imposed generally on all non-governmental applicants for such permits within
the City, and the amount of such fee shall not exceed the reasonable expense to the City of
processing such permit and inspecting the work done thereunder.
Ordinance No. 430U
Page 6of9
SECTION NINE
If any portion of any street shall be damaged by reason of defects in any of the pipes
and appurtenances maintained or constructed under 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, Franchisee shall, at its own cost and expense, immediately repair any such
damage and restore such portion of such damaged street to as good condition as existed before
such defect or other cause of damage occurred, such work to be done under the direction of the
Director, and to his or her reasonable satisfaction. If the Franchisee, within ten (10)days after
receipt of written notice from the City, instructing it to repair such damage, shall fail to commence to
comply with such instructions, or, thereafter, shall fail diligently to prosecute such work to
completion, then the City immediately may do work necessary to carry out said instructions at the
cost and expense of the Franchisee, which cost and expense, the Franchisee agrees, by its
acceptance of this Franchise, to pay upon demand. If such damage constitutes an immediate
danger to the public health or safety requiring the immediate repair thereof, the City without notice
may repair such damage and the Franchisee agrees to pay all costs incurred.
SECTION TEN
(a) This Franchise is granted and shall be held and enjoyed upon each and every
condition contained in this Ordinance and shall be strictly construed against the Franchisee. The
Franchise shall grant only those rights that are stated in plain and unambiguous terms. Franchisee
shall comply with all Applicable Law in the exercise of its rights under the Franchise. If the
Franchisee shall fail, neglect or refuse to comply with any of the material provisions or conditions
hereof, and shall not, within thirty (30)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 but only after a hearing shall
have been conducted. Notice of such hearing shall be given to Franchisee by certified mail not less
than ten (10)days prior to such hearing.
(b) The City may sue in its own name for the forfeiture of this franchise, in the
event of noncompliance by the Franchisee, its successors or assigns, with any of the conditions
thereof.
SECTION ELEVEN
At all times during the term of this Franchise, Franchisee will comply with all
applicable laws.
SECTION TWELVE
The Franchisee shall keep and preserve for a period of not less than four (4) years
all financial records maintained by Franchisee in connection with this Franchise. Upon request, the
Franchisee shall permit the City or its duly authorized representative to examine at reasonable times
all of Franchisee's pipeline monitoring and repair reports subject to this Franchise, and any and all
books, accounts, papers, maps, and other records kept or maintained by the Franchisee or under its
control which concern the operations, affairs, transactions or property of the Franchisee with respect
thereto. Said records shall be made available upon reasonable notice to the City at Franchisee's
office in Los Angeles, California.
SECTION THIRTEEN
Ordinance No. 430U
Page 7 of 9
Any decision made by the Director pursuant to authority delegated in this Ordinance
may be appealed by any interested person to the City Council by filing a notice of appeal with the
City Clerk within fifteen (15) calendar days of the issuance of the Director's decision. The City
Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in
writing to the Franchisee at the address on file with the City. The findings of the City Council shall be
set forth in writing and shall be served upon the Franchisee by personal service or by depositing the
notice in the United States mail, postage prepaid, addressed to the Franchisee at the address on file
with the City. For purposes of seeking judicial review, the decision of the City Council shall be final
when notice of the decision is served upon the Franchisee.
SECTION FOURTEEN
The Franchisee shall pay to the City within thirty(30)days after receiving a
statement therefor, all actual and reasonable administrative and other costs incurred by the City in
processing the application for a franchise, including but not limited to the costs of all technical
experts, attorneys or other consultants retained by the City to negotiate the Franchise, the costs for
the preparation of any reports, statements or studies reasonably required pursuant to the California
Environmental Quality Act(Public Resources Code§§ 21000, et seq.,) and any similar Federal
statute, or any successor statute, and for all reasonable advertising and publishing costs, including
the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the
Franchise not to exceed a maximum amount of$7,500.00.
SECTION FIFTEEN
After the publication of this ordinance, the Franchisee shall file with the City Clerk a
written acceptance of the franchise hereby granted, and an agreement to comply with the terms and
conditions hereof. This Ordinance shall take effect on the 31 day after passage as provided by law.
SECTION SIXTEEN
In the event that either party to this Franchise commences any legal action or
proceeding to enforce or interpret the provisions of this Franchise Agreement, the prevailing party in
such action or proceeding shall be entitled to recover its costs of suit, including reasonable
attorney's fees.
SECTION SEVENTEEN
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 grant this Franchise the Gas Company prior to the
expiration of the existing franchise. In order for the gas service to continue without interruption of
service, the City must grant a new franchise before the expiration of the existing franchise. The
existing franchise was extended once and is set to expire at 11:59 p.m. on December 20, 2005. The
parties have reached final agreement on the terms for a new franchise, but there is insufficient time
for the parties to adopt an ordinance granting a new franchise before the existing franchise expires
utilizing standard procedures. Further, there is insufficient time for this ordinance granting the new
Franchise to become effective without a single reading and immediate effectiveness. It is therefore
urgent that this ordinance granting a new gas franchise become effective immediately to prevent an
Ordinance No. 430U
Page 8of9
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 EIGHTEEN
If any part of this Ordinance or the application thereof to either of the parties hereto
or to circumstances is for any reason held invalid by a court of competent jurisdiction, the validity of
the remainder of the Ordinance or the application of such provision to the parties hereto or
circumstances shall not be affected. If any part of this Ordinance is found to be invalid in a manner
that affects a material term of the Franchisee, then the affected party may request renegotiation of
said term pursuant to Section Two of this Ordinance.
SECTION NINETEEN
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 publication of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to
be entered in the Book of Ordinances of the City Council of this City.
PASSED, APPROVED and ADOPTED this 6th day of December 2005.
At,
ayor
Attest:
City rk
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.
430U was duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on December 6, 2005, and that the same was passed and adopted by the following roll call
vote:
AYES: Clark, Gardiner, Long, Stern, and Mayor Wolowicz
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk
Ordinance No. 430U
Page 9of9
ill
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on Dec. 7, 2005, she caused to be posted the following document entitled:
ORDINANCE NO. 430U —AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A
CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND
FRANCHISE TO LAY AND USE PIPES 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 MAY HEREAFTER EXIST, WITHIN
THE CITY OF RANCHO PALOS VERDES AND DECLARING THE URGENCY
THEREOF, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
--2-S ty Clerk
W:\City Council Ordinances\affidavits\Ordinance 430U-Granting So.Calif.Gas Co Franchise.doc