HomeMy WebLinkAboutCC Ord 1412 1997-01-27
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ORDINANCE NUMBER l/fi,z,
AN ORDINANCE OF THE CITY OF SEAL BEACH, CAIlFORNIA,
GRANTING TO TORCH OPERATING COMPANY, A CORPORATION,
ITS SUCCESSORS AND ASSIGNS, A FRANCmSE TO CONSTRUCT
FROM TIME TO TIME AND, FOR A PERIOD OF FIFfEEN (IS) YEARS
FROM AND AFTER THE EFFECTIVE DATE HEREOF, TO MAINTAIN,
OPERATE, REPAIR, RENEW, CHANGE THE SIZE AND NUMBER OF
AND REMOVE OR ABANDON IN PLACE, PIPES, PIPE UNES,
COND'lllTS, WIRES, CABLES AND OTHER APPURTENANCES,
TOGETHER WITII ALL MANHOLES, SERVICE CONNECTIONS AND
APPURTENANCES USED IN CONNECTION THEREWITH, FOR THE
TRANSPORTATION OF OIL, PETROLEUM, UQUID HYDROCARBON
SUBSTANCES, GAS, NATURAL GASOUNE, WATER, WASTE WATER,
MUD, STEAM, AND OTHER SUBSTANCES, AND FOR THE
TRANSMITfAL OF ELECTRICAL POWER AND COMMUNICATION
SIGNALS TO OR FROM TORCH OPERATING COMPANY'S STATE
LEASE [p.R.C. 3095.1], IN, UNDER, ALONG OR ACROSS CERTAIN
PUBUC STREETS AND PUBUC PLACES IN THE CITY OF SEAL
BEACH, STATE OF CAIlFORNIA, FOR THE PURPOSE OF SERVING
TORCH OPERATING COMPANY'S OPERATIONS ON STATE LEASE
[p.R.C. 3095.1]
The City Council of the City of Seal Beach does ordain as follows:
SECTION I: Pursuant to Section 16B-19 of the Code of the City of Seal Beach, Ordinance
No. 1389 is hereby repealed, the pipeline franchise granted therein having been sold,
transferred, assigned or leased without the consent of the City Council, and no written
request for such consent having been filed with the City Council within sixty (60) days of the
attempted assignment. Pursuant to Sections 16B-Il, 16B-14 and 16B-19 of the Code of the
City of Seal Beach, a forfeiture is hereby declared, and the entire amount of the penal sum
of Faithful Perfonnance Bond NO'lf&.~4I,f!/' $ 10,000.00, is hereby deemed to be
liquidated damages due the City. e City Manager and City Attorney are hereby directed
to use all available means to recover said sum from the surety.
SECTION 2: The adoption of this ordinance is categorically exempt from review under .:.e
California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
15261 (b) and 15268.
SECTION 3: A franchise is hereby granted to Torch Operating Company, a Texas
cOlpOration ("grantee"), its successors and assigns, to construct from time to time, and, for a
period of fifteen (IS) years from and after the date upon which this ordinance becomes
effective, to maintain, operate, repair, renew, change the size and number of, and remove or
'abandon in place, pipes, pipe lines, conduits, wires, cables, and other appurtenances,
together with all manholes, service connections and appurtenances used in cOMection
therewith, for the transportation of oil, petroleum, liquid hydrocarbon substances, gas natural
gasoline, water, waste water, mud, steam, and other substances, and for the transmittal of
electrical power and communication signals to or from grantee's operations on State Lease
[p.R.C. 3095.1], in, under, along or across (I) those certain public streets or highways
known as Central Avenue, First Street, Ocean Avenue, Seal Way, and (2) that portion of the
public beach bounded by the San Gabriel River, Ocean Avenue, the southwesterly extension
of the centerline of Second Street and the mean high tide line, all in the City of Seal Beach,
State of California ("the City"), for the pUlpOse of serving grantee's operations on State
Lease [p.R.C. 3095.1].
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SECTION 4: This franchise is granted on the tenns and conditions set forth in Article XI of
the Seal Beach City Charter, in Chapter 16B of the Code of the City of Seal Beach, and as
hereinafter stated. In the event of any conflict between this franchise and the Charter and/or
Code, the Charter shall prevail over the Code and this franchise, and the Code shall prevail
Ordinance Number IJ// Z
over this franchise. Grantee shall me with the City Clerk of the City of Seal Beach a written
acceptance of the tenns hereof within thirty (30) days after the passage of this ordinance.
SECTION 5: The tenn of the franchise hereby granted shall be fifteen (15) years from and
after the date on which this ordinance becomes effective.
SECTION 6: The grantee shall have the right, subject to such regulations as are now or
hereafter may be in force, to make all necessary excavations in said streets, alleys and ways
for the construction, maintenance, operation, renewal, repair, change in the size and number I
of, and removal of said pipe lines, manholes, valves, appurtenances and service connections
used in connection with said pipe lines. Before any pipe line is constructed or abandoned a
penn it shall be secured from the City Council specifying the best and most desirable routing
of said lines, or the conditions under which they may be abandoned, as the case may be, and
the City Council's decision on said routing and conditions shall be final and binding on the
grantees.
SECTION 7: The work of constructing, maintaining, operating, renewing, repairing,
changing the size and number of and removing pipe lines shall be conducted with the least
possible obstruction and inconvenience to the public and with the least possible hindrance to
the use of the streets, alleys and ways for the purposes of travel. All excavations shall be
backf"illed and the surface replaced to the satisfaction of the Director of Public Works of the
City.
SECTION 8: Grantee shall indemnify, defend and hold harmless the City, its City Council,
officers, agents, and employees from any and all claims, actions, damage, liability or injury
suffered by any person or entity which arises out of the use, operation or possession of this
franchise, or from the use, construction, removal, operation or maintenance hereunder of any
of grantee's facilities.
SECTION 9: The City reserves the right to change the grade or line of any street, alley or I
way in which pipe lines are constructed, maintained, or operated under this franchise and,
upon receiving notice from the City Council of its intention so to do, grantee shall promptly
and at its own cost and expense change the location of its pipe lines and their appurtenances
where necessary to confonn to such change of grade or line. Any damage caused to any
public improvement by grantee in exercising any right or privilege under this franchise, or in
perfonning any duty imposed hereby, shall be promptly repaired by grantee at its own cost
and expense.
SECTION 10: Grantee shall repair at its own cost and expense any damage caused to any
street, alley or way or other public property of the City, or to any private property, by any
breaks, leaks or failure of any of the pipe lines constructed, maintained or operated under
this franchise. In the event grantee shall fail to make any such repairs within ten (10) days
after a notice and demand therefor from the City, the City may make such repairs, at the
cost and expense of grantee which cost, by the acceptance of this franchise, grantee agrees to
pay upon demand.
SECTION 11: Grantee shall, during the life of this franchise, pay to the City, in lawful
money of the United States, four percent (4%) of the annual royalty paid by grantee to the
State of California pursuant to such lease. Such percentage shall be payable annually on or
before the first day of April in each year with respect to gross receipts derived by grantee
from its operation of the pipe lines during the year ending December 31, next preceding;
provided, however, that a minimum annual payment shall be made under said franchise, I
commencing with the effective date hereof, which shall be equal to 40 cents per cubic foot of
the street space and space in public places occupied pursuant to this franchise, which
minimum payment shall be payable in advance and calculated rateably for a number of
months in the calendar year during which such space is occupied, including the month in
which installation is made. For the purposes of this minimum payment, the street space
required for a pipe line or conduit, together with protective covering, pipe connections,
cathodic protection facilities, pipe casings, and other minor appurtenances, shall be taken as
equivalent to the volume occupied by a cylinder of equal length having a diameter one inch
(1 ") greater than the nominal internal diameter of the pipe or conduit, but in no case with an
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Ordinance Number
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equivalent cylinder diameter less than six inches (6"), and the payment rate therefor shall be
computed to the nearest tenth of a cent per lineal foot of pipe. Street space required by any
larger appurtenance such as manholes, value boxes or gas drip boxes shall be computed from
the outside dimensions of the structure. Grantee shall, at the time of making such payments,
or prior thereto, file with the City Clerk a statement, verified by an officer or agent of the
grantee who is authorized by law to make verified statements on behalf of grantee, showing
the gross receipts derived by grantee from the use, operation and possession of the franchise
during the year ending December 31 next preceding.
SECTION 12: Grantee shall not pennit any right or privilege granted by the franchise to be
exercised by another, nor shall the franchise or any interest therein or any right or privilege
thereunder be in whole or in part sold, transferred, leased, assigned, or disposed of except to
a corporation acquiring or owning a portion of the assets of the Grantee through
consolidation, merger, or reorganization, or to a subsidiary of grantee, or to any person,
flnn or corporation having assets of more than Five Million Dollars ($5,000,000.00) without
the consent of the City expressed by resolution; provided, however, that the provisions of the
franchise shall not require grantee in trust or by way of mortgage or hypothecation covering
all or any part of grantee's property, which transfer, mortgage or hypothecation shall be for
the purpose of securing an indebtedness of grantee or for the purpose of renewing,
extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness
at any time or from time to time. Any such sale, lease, assignment, or other disposition of
franchise for which consent of the City is required hereunder shall be evidenced by a duly
executed instrument in writing filed in the office of the City Cleric.
SECTION 13: On or before the Ist day of May and November of each year during the life
of this franchise, grantee shall render to the City a statement showing in detail the total
length of any pipe line installed, relocated, abandoned or relocated under the franchise during
the preCeding six months period, together with a map or maps accurately showing the
location in the public streets, alleys or ways of any such pipe line so constructed, removed or
abandoned. Said statement and maps shall be accompanied by the payment of an amount of
money equal to the rate of two thousand three hundred fifty dollars ($2,350.00) for each one
half (112) inile of pipeline or fractional part thereof, if any, installed, replaced, abandoned or
relocated on major streets and one thousand five hundred fifty dollars ($1,550.00) per each
one half (112) mile of pipeline or fractional part thereof, if any, installed, replaced,
abandoned or relocated on minor streets. The City Engineer shall designate "major" streets
and "minor" streets for the purpose of this franchise, which designation may be appealed to
the City Council. The decision of the City Council in such matter shall be final.
SECTION 14: Grantee shall reimburse the City for all the City's costs incurred in
preparing, processing, and granting this franchise including, without limitation, staff costs,
.actual attorney's fees, and the cost of publishing any notice, resolution, and/or ordinance
required by law to be published. Grantee shall remit payment to the City for such costs not
later than thirty (30) days after receiving a statement therefor.
SECTION 15: In the event the grantee shall fail to keep, fulfill or perfonn any of the tenns
or conditions of this franchise and shall fail to remedy such default within thirty (30) days
after notice from the City, the City Council may, at its option exercised by ordinance,
declare the franchise forfeited. Upon such a declaration of forfeiture the franchise shall be
deemed cancelled and tenninated and all of the rights and privileges of the grantee under this
franchise shall be deemed surrendered and tenninated and the City may thereafter exclude
the grantee from further use of the public streets, alleys and ways of the City under this
franchise.
SECTION 16: This franchise shall be granted upon the further condition that the grantee
shall file within five (5) days after the date upon which this ordinance is adopted, and shall
keep on fIle with the City at all times during the life of this franchise, a bond running to the
City in the penal sum of Ten Thousand Dollars ($10,000.00), with at least two good and
sufficient sureties, or with a corporate surety competent to act as sole surety, to be approved
by the City Council. Said bond shall be conditioned that the grantee will well and truly
observe, fulfill and perfonn each and every tenn and condition of this franchise, and in case
Ordinance Number I r/t:Z
of a breach of condition of this franchise the whole amount of the penal sum therein named
shall be taken as liquidated damages and shall be paid by the surety or sureties to the City.
SECTION 17: At all times during the tenn of this franchise, grantee shall maintain in full
force and effect policies of insurance which meet or exceed the requirements of Section 16B-
10 of the Code of the City of Seal Beach, as the same may be amended from time to time.
Such policies shall be issued by insurers admitted to do business in the State of California,
with a current A.M. Best's rating of A:Vll or better.
SECTION 18: The work of constructing, maintaining, operating, renewing, repairing,
changing the size or number of, or removing any pipe lines hereafter constructed, maintained
or operated under this franchise shall, at all times during the tenn hereof, in all respects
comply with all of the rules, regulations, ordinances and enactments of the City and of such
federal, state and county authorities as may have jurisdiction over said pipe lines, provided,
however, that in each instance the paramount authority shall be binding on the grantee; and
the City hereby reserves all regulatory power by law allowed to it over and with reference to
this franchise and the exercise of rights, power or privileges under the same by the grantee.
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SECTION 19: This franchise is not and shall not be exclusive.
SECTION 20: During the tenn of this franchise, grantee shall have the right and is hereby
pennitted during the construction of the pipes, pipe lines, conduits, wires, cables and related
appurtenances, to be constructed hereunder and from time to time thereafter for the purpose
of repairing said pipe, pipe lines, conduits, wires, cables and related appurtenances, to use
and occupy the surface of, for such purposes, that portion of the public beach bounded by the
San Gabriel River, Ocean Avenue, the southwesterly extension of the centerline of Second
Street, and the high tide line; provided, however, that at any time grantee desires to use and
occupy the above-described portion of the public beach for such purpose, grantee shall
provide the City Manager of the City of Seal Beach with not less than ten (10) days written
notice of grantee's intention to so use and occupy said portion of the public beach, grantee
shall obtain in advance all necessary pennits and approvals for said work including, without
limitation, the approval of the California Coastal Commission as required by law, and I
grantee shall at all times conduct its operations on said portion of the public beach in such a
manner as to minimize insofar as is possible interference with the use by the public of said
portion of the public beach, and, to that end, shall restrict the time used for such construction
or repair operations as much as possible.
SECTION 21: This ordinance shall take effect thirty (30) days after its adoption, provided
that all conditions precedent to this franchise taking effect have been perfonned within such
time by grantee.
SECTION 22: The City Clerk shall certify to the passage and adoption of this ordinance,
and shall cause the same to be published once in a newspaper of general circulation
circulated within the City of Seal Beach.
~ ED, APPROVED AND ADOPTED by the City c~t;the City of Seal Beach,
C . mia, at a regular meeting thereof held on the ~ day of
,1997.
_~~ ~~",jU<
Mayor
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Ordinance Number ~~~~
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, CalifOmia~~/:,r,:bY certify that
the ore going ordinance is the original copy of Ordinance Numbyf. /1//.,2 on me in the
1 of the City Clerk, introduced at a meeting held on the !;J ~ day of
, 1997, and passed, approved and adopted~ the City Council of the
at a meeting thereof held on the dJI.- day of
97 by the ~OWing /7)
"""""'=~~?~II~f#~
NOES: Councilmembers
ABSENT: Councilmembers
and do hereby further certify that Ordinance Number has been publis~ed pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Ordinance Number
II//l
,
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv in the City of Seal
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24175. Case Number AB25B3;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
fOll00 :ates, to-wit:
all in the year 19..,iL.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this ~ day of Jr- ,19..,iL.
~. () ,,0 ~ O"Si~na~r~~-:"'" .)
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759.7726
This space for for the County Clerk's
Filing Stamp
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Proof of Publication of
............................ .
............................ .
r .-- PU:~~~ING'
. NOTICE IS HEREBY GIVEN lhat
'Ihe CIty ColIna' of \he CIty of Seal
IBeach will conduct . p.lbbC helnl"lg
on Monday. January 27th. 1997 at
1:00 p m. In the City Countll
'Chamber.. 21' - 81h Street S.al
Beach. 10 consider the granting of .
popoIno ~'"""".... Torch Operabng
Company (former UNOCAL
franchise) for the transportabOn of
oil, petroleum, Ilq"ld hydrocarbon
fsubslanC88. gas. natural-gasolme.
waler, wastewater. mud steam. and
'other substances, and 10' the
transmittal of electncal power and
'communlcatlon Signal. to or from
Torch Operating Company's Slate
lease, and to hold the second
r.adlng of proposed Ordinance
Number 1412 A1llrnerested persons
may be heard 81 sBJd publIC heaMg
" tIC) cIetKC If... ~ K1IOOa
are challenged Irl coul1. you may be
"rmted to falSlng only those ISSUes
you Of someone else r8lsed at tne
'JIubhc he.rlng desCribed In thiS
~. or 1n wntten a:IrJ'eIPOIldence
~_ to \he CIty of Seal Beach
... or prIOr to. the publIC hearmg
j o.o.-reD'llIIS ,:!Ill del of Jlll\U8I'f.
,19S7.
I Joanne M. Yea. CIty Clerk
Cltyof_Beach
'Pub Seal Beach Sun Journal
01l111'!l7
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-Ordinance Number I~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space for for the County Clerk's
Filing Stamp
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN. a newspaper
of general circulation, printed and
published weekly in the City of SUI
Beach. County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24f75. Case Number AB25B3;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
\;{~
all in the year 19J1L.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Proof of Publication of
............................ .
............................ .
. SUMMARY-
. ORDINANCE NUMBER 1412
i~
r Ordinance Number 1412 of the Catv
: at Seal Be.Ch...JIfan.s II plpehne
[franchISe to Tbrch QP.r.tln~
.. om enr. tormar UNOCA
~ ~anc~lse for ~h. transpqrt8tlon
I Glib petro Bum, liqUid hydrocarbon
au il8nces, gu. naturat gasoline,
\W818!1 waste wal.r, mud: ,'.am,
tand D1her lubllance., end 'or Ihe
transmittal of electnclil pow8'r and
communication Slanals to and from
the company'" Slat. 188'B.
OrdInance Number 1412 was
,Inlroduud .1 the r.~lar Cily
l Counal meeting 01 Janu '3, '997
[and flrst r..dirig was ep ved by
Ihe foIlowIng_:
AVES Brown. Cempbell. Forsylhe.
Futlon. HaBbnas
-NOES- None ..._ c:omed
Ordinance Numb., 14'2 will ba
conSidered under Public He.rma
and receive second readln~.tthl
n'-'Iular meeUnjl 01 Janua 27th,
1997. CopieS orOrdlnance umber
1412 81'8 available from the office of
the Cltv...Clerk. CI!y HBI~'J . 8th
ISIr88t."58aI Beach, tele (310)
1431.2527
DATED ThIs 14th day 01 JBnuary.
.997
- _ M. V... QlyClerk
ClIy of SHlBeach _
Published 1ft the Seal Beach Sun
. 0'/23/97 ..
I
Dated at Seal Beach, California,
this :l.6 day of r ' 19jiL.
(\ ....,,'l>,,~ (?" .~r.:"b
~ Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Mal" Street
Seal Beach. CA 90740
(310)430-7555
(714) 759-7726
Ordinance Number /f/dt,
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly in the City of ,Sgi!
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of gBneral circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24/75. Case Number AB25B3;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
)j'l,.
all in the year 19...9L.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this \.. day of ~......h... , 19...9L.
C\~,o.. ~ ~..~en~.._.~
~ Signature ~ _
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759.7726
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SUMMAAY-
ORDINANCE NUMBER 1412
~
Ordinance Number 1412 of the City
of Seal Beach granl. a plpehne
franchise 10 Torch Operal,"g
companr. (forme, UNOCA[
franchise for the transportation of
OIl, petro Bum. liqUid hydrocarbon
substances. g... nalural aasollne.
water. waste waler I muG. steam,
and other substances, and for the
lIaRlmlttal of electncal power and
communtcation ~nals to and from
the Company's State le.,e.
Ordmance Number 1412. as
amended to reflect . franchise I8nn
.of fllteen rather than twenly.flve
vear.. recetvld second reading and
was adopted al Ihe regular City
CounCil me"lng 01 January 27th.
, 997 by the folloWIng vote
AVES. Brown: Cllmpboll, Forsyllle.
1 Fufton
NOES None
ABSENT H8II'ngs Mabon carried
COptes 01 Ordinance Number 1412
are available trom tne office 01 the
City Clerk, Clly Hall, 211 . Blh
S"',,, Seal _. toIophonl1310)
. 431.2527
.foATED TtIII 28lh day 01 January,
11187
. JoannoM Veo.QIyca.tc
, CllyofSealBuch
Published In the Seal Beach Sun
0210819!
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