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Home My WebLink AboutCC Ord 1246 Not Adopted ORDINANCE NO. /;2.110 ~ ~'b1 AN ORDINANCE OF THE CITY OF SEAL BEACH GRANT- ING A PIPELINE FRANCHISE TO STANDARD GAS COMPANY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: I Section 1. The City Council hereby grants a franchise to Standard Gas Company, an Idaho corporation, for a 'period of 25 years from and after the date upon which this franchise shall become effective, to lay or construct from time to time, and to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, trans- portation or distribution of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam and o~her liquid substances which are not more hazardous than the aforementioned substances, together with all manholes, valves, appurtenances and service connections necessary or convenient for the operation of said pipes or pipelines including conduits, cathodic protection devices, wires, cables and other appur- tenances necessary or convenient for the exercise of the I Franchisee's business, in, under, along or across any and all streets within the city of Seal Beach, approved from time to time by Resolution of the city Council. Section 2. Franchisee shall pay to the city of Seal Beach: A. Base Grantina Fee. In the case of an initial grant of franchise, or franchises which extend, renew, or continue pre- viously granted franchises, a base granting fee of seven thousand five hundred dollars ($7,500) for pipeline with a total length of 1/4 mile or more, or seven hundred fifty dollars ($750.00) for pipeline with a total length of less than 1/4 mile, shall be paid within thirty (30) days after the Council adopts the ordinance I granting, extending, renewing or continuing the franchise and prior to signing the written acceptance of the franchise pursuant to Section 16B-6 of the Seal Beach City Code. If at any time during the first five (5) years following the grant of a fran- I I I Ordinance Number ~O?~~ chise, additional pipeline is added which will result in a total length of pipeline of 1/4 mile or more, the seven thousand five hundred dollars ($7,500.00) granting fee shall be required at the time said footage is added. B. Base Annual Fee. A base annual fee shall be paid within one hundred five (105) days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, according to the "franchise payment period" as defined in Subsection F of Section 16B-4 of Article I, Chapter 16B of the Seal Beach City Code, in either of the following amounts, whichever is greater: (i) Four percent (4%) of the gross annual receipts of the Grantee arising from the use, operation, or possession of the franchise; or (ii) An amount based upon the size and length of the pipeline calculated as follows: Pipelines With an Amount Per Internal Diameter of Lineal Foot 0-4 inches 12 cents 6 inches 16 cents 8 inches 22 cents 10 inches 25 cents 12 inches 30 cents 14 inches 35 cents 16 inches 40 cents 18 inches 50 cents 20 inches 55 cents 22 inches 60 cents 24 inches 70 cents 26 inches 75 cents 28 inches 80 cents 30 inches 85 cents The base annual rate applicable to pipelines with an internal diameter falling between two (2) incremental size categories shall be determined by adding the price -2- 870219 jlw A022.118R(1) Ordinance Number /.24b corresponding to the lower size to a figure computed by multiplying the difference between the higher and lower price times the 'multiplier.' The 'multiplier' will be determined by dividing the difference between the two (2) size categories. In determining the nu~er of feet of pipeline upon which the annual fee will be computed, the greatest number of feet of pipeline covered by the franchise during the calendar year for which payment is due will be used. A penalty at the rate of ten percent (10%) per month or fraction thereof beyond the payment date shall be charged, but in no event shall said penalty exceed fifty percent (50%). C. Base Construction Charaes. The Grantee shall pay at the time of installation, relocation, or replacement of any p~eline or other facility covered by the franchise, a base construction charge of $2,350 for each one-half mile of pipeline or fractional part thereof installed, replaced or relocated on major streets, and $1,550 for each one-half mile or fractional part thereof on minor streets. D. Modifications. The City reserves the right to change the base fees established hereunder at any time after the effective date of the ordinance granting a franchise, but the base fees applicable to anyone franchise may only be changed two (2) times during the life of that particular franchise. E. Ad;ustments. The amount of each base fee provided under subsections A and C shall be revised at the time payment is due in accordance with the following formula: (i) If ninety (90) days prior to the date on which payment from the Grantee shall be due the Consumer Price Index, for all Urban Consumers, Los Angeles- Long Beach-Anaheim area, (1967 equals 100.0) prepared by the United states Bureau of Labor statistics, Department of Labor, shall stand at a level different than the 'base level' (as defined -3- 870219 jlw A022.IIBRCtl I I I I I I Ordinance Number A='~6 herein), then the rate of payment to the city shall vary fr.om the amounts specified in sub- sections A and C in direct proportion as said Index has increased or decreased fr~m the 'b~~e level.' 'Base level' for the purposes of this section shall be the level of the Index on (ii) December 31, 1984. If said Bureau shall discontinue the preparation of said Consumer Price Index using prices prevailing during the year 1967 as the base of 100, and if no transposition table prepared by said Bureau is available which is applicable to said year, 1967, then the amount of each annual payment shall be computed by using the most nearly comparable successor index thereto. (iii) In no event shall any fee less than the base fees established by subsections A and C be charged. Section 3. This franchise is granted upon the terms and conditions of Chapter 16B of the Seal Beach City Code, as may be amended from time to time, which is incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED this ____ day of , 1987. ~ MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY -4- 870219 jlw A022.WBR(I) - Ordinance Number ~~ , PROOF OF PUBLICA TIOH (2011.1 C.C.P.) - STATE OF CALIFORNIA, County " Or..... ,., I am a cItizen of the United Statal and a realdent of the County aforesaid; I am over the age of eighteen yearl, and not a party III or Interested In the abovwntltled matter. I am the principal clerk of the flI'lnter of the SEAL BEAOH JOURNAL .................................................... .................................................... a newspaper of general circulation, printed WEEnY and published ............~................. In the City at ..~!~........~............. County of o-ange, and which new., pal*' h.. been adludged a newlpalllr' of general circulation by the Superior Court bf the County " Cranll~' State of California, under the date ot"~:~~,,:, 1. ,'Z?,: ~ I\~R25B' Case Number r.:r.:'l....._.... that the notice. of which the annexed II a printed COPY (lit . in type not 'amaller than' nonpareil), has been publlllled In each rllllular and entire IlIue of said. newspaper and not In any lupplement ther,of on the following detea, to-wlt: L/ .' ..~....t.................. all In YHr 1".~.1. I certify (or declar..) under penalty of perlury that the forllllolng II true and correct. " D1t. It ..,J^~~..g^9}J..................... , . S- CaI~I', thIL.:.......lIay 09Jl1.~' .~.1. ..~.~~...(2~..{j~,. , " Slgneture , "....... III ...1...11II ..... _, .. ......._. CALIFORNIA NEWSPAPER SlRYICI BUREAU, INC. Legel Advertlllng Clearing HoUII 110 M118ec:ond ., LoI Angel.., Calif. fII012 T."~~: .1~'3~ ~~~~~ Thls,lpace II for the County Clerk's Filing Stamp =0; .... I. Proof of PUbll~~! . /Y / , ......Lf;2~'1f~~ , (j . , .......................................................... .i'..--" - ,----- - r. "_OFPUllUCH_a \ .NlII1CE IS HEREBY GIVEN _ tho : 'CIlr Council'" tho Citr 01 SuI Bach < >wiII_opllbllc_nall1_' t .....,...... t5, 1987 at 7,00 o'cloCk f .p,..,..Cl\YCOUnciIC__2I1, ~"8lII -. SuI _, to ",,1kIo. , '_ 01 tho pIpoIi.e lronchlle __oI_GosCampo.y f DATED thIS 27lh cloy '" Mtr,.1987, f Jaenne M. Yeo. City QIItl., r . , CIlrolSooI_. I 'lUna4 1987, ~ : 'NIl...... I. ThO SuI _h Jou..1 , . .... - 7.' , (' , --.~ -: .' ,- 1 --- -' ---:--- - 1