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HomeMy WebLinkAboutCC Ord 661 1965-04-19 " " ORIG!NAL Or-':-ICIAL COPY I'IOT .0 OS TAI<~N F 8,^ THE C,TY CLERK'S OFFICE ORDINANCE NO. 661 - I AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, GRANTING TO STANDARD GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT FROM TIME TO TIME AND, FOR A PERIOD OF THIRTY (30) 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 LINES, CONDUITS, WIRES, CABLES AND OTHER APPURTENANCES, TOGETHER WITH ALL MANHOLES, SERVICE CONNECTIONS AND APPURTENANCES USED IN CONNECTION THEREWITH, FOR THE TRANSPORTATION OF OIL, PETROLEUM, LIQUID HYDROCARBON SUBSTANCES, GAS, NATURAL GASOLINE, WATER, WASTE WATER, MUD, STEAM, AND OTHER SUBSTANCES, AND FOR THE TRANS- MITTAL OF ELECTRICAL POWER AND COMMUNICATION SIGNALS TO OR FROM STANDARD OIL COMPANY OF CALIFORNIA'S STATE LEASE P.R.C. 3095.1. IN, UNDER, ALONG OR ACROSS CERTAIN PUBLIC STREETS AND PUBLIC PLACES IN THE CITY OF SEAL BEACH, STATE OF CALIFORNIA, FOR THE PURPOSE OF SERVING STANDARD OIL COMPANY OF CALIFORNIA'S OPERATIONS ON STATE LEASE P.R.C. 3095,1. I The City Council of the City of Seal Beach does ordain as follows: SECTION 1: That a franchise is hereby granted to Standard Gas Company, an Idaho Corporation, its successors and assigns, to construct from time to time,and, for a period of thirty (30) 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 connection there- with, 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 Standard Oil Company of California's State Lease P.R.C. 3095,1, in, under, along or across, (1) those certain public streets or highways known as Central Avenue, First Street, Ocean Avenue, Seal Way, and (2) that por- tion 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, all in the City of Seal Beach, State of California, hereinafter referred to as "the City", for the purpose of serving Standard Oil Company of California's operations on State Lease P,R. C, 3095,1, \ SECTION 2: This franchise is granted on the terms and conditions hereinafter contained and the grantee shall file with the City Clerk of the City of Seal Beach a written acceptance hereof within thirty (30) days after the passage of this ordinance, The word "grantee" whenever used herein shall mean and include said Standard Gas Company, its successors and assigns, -1- I Ordinance Number , I SECTION 3: The term of the franchise hereby granted shall be thirty (30) years from and after the date on which this ordinance becomes effective. SECTION 4: The grantee shall have the right, subject to such regu- lations as are now or hereafter may be in force, to make all necessary exca- vations in said streets, alleys and ways for the construction, maintenance, operation, renewal, repair, change in the size and number 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 permit 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. I SECTION 5: The work of constructing, maintaining, operating, renew- ing, 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 backfilled and the surface placed in as good condition as it was in at the beginning of such work and to the satisfaction of the Street Superintendent of the City, The grantee shall hold the City, its City Council and other officers, harmless from any claims for damage or injury suffered by any person by reason of any excavation or obstruction in said streets, alleys and ways occasioned by the construction, maintenance, operation, repair, renewal or removal of any pipe lines of the grantee under this franchise and shall be responsible for such damage or injury as may be caused by grantee's negligence, SECTION 6: The City reserves the right to change the grade or line of any street, alley or 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, the grantee shall promptly and at its own cost and expense change the location of its pipe lines and their appurtenances where necessary to conform to such change of grade or line, Any damage caused to any public improvement by the grantee in exercising any right or privilege under this franchise, or in performing any duty imposed hereby, shall be promptly repaired by the grantee at its own cost and expense, SECTION 7, The 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 by any breaks, leaks or failure of any of the pipe lines constructed, main- tained or operated under this franchise. In the event the 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 the grantee which cost, by the acceptance of this franchise, the grantee agrees to pay upon demand, I SECTION 8: The grantee shall, during the life of this franchise, pay to the City, in lawful money of the United States, two per cent (2%) of the gross annual receipts of the grantee arising from the use, operation and possession of the franchise, Such percentage shall be payable annually on or before the first day of April in each year with respect to gross receipts derived by the grantee from its operation of the pipe lines during the year ending December 31, next preceeding; provided, however, that a minimum annual payment shall be made under said franchise, commencing with the effec- tive date thereof, which shall be equal to 40~ per cubic foot of the street space and space in public places occupied pursuant to this franchise, which -2- Ordinance Number . . " , , , . I Section 8 (continued) minimum payment shall be payable in advance and calculated ratebly 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 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, valve 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 the grantee, show- ing the gross receipts derived by the grantee from the use, operation and possession of the franchise during the year ending December 31 next preceding, I SECTION 9: Grantee shall not permit 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 consoli- dation, merger, or reorganization, or to a subsidiary of grantee, or to any person, firm 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 any such consent and no consent shall be required for any transfer by 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 Clerk, SECTION 10: On or before the 1st day of May and November of each year during the life of this franchise, the grantee shall render to the City a statement showing in detail the total length of any pipe line constructed, removed or abandoned 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 One Hundred Dollars ($100.00) per mile for all pipe line constructed, if any there be, shown on said state- ment and maps, I SECTION 11: In the event the grantee shall fail to keep, fulfill or perform any of the terms 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 terminated and all of the rights and privileges of the grantee under this franchise shall be deemed surrendered and terminated and the City may thereafter exclude the grantee from further use of the public streets, alleys and ways of the City under this franchise, -3- Ordiance Number " ., : I SECTION 12: 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 One Thousand Dollars ($1,000,00), 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, conditioned that the grantee will well and truly observe, fulfill and perform each and every term and condition of this franchise, and in case of a 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 princi- pal and surety or sureties upon said bond, SECTION 13: 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 term 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, SECTION 14: This franchise is not and shall not be exclusive, I SECTION 15: During the term of this franchise, grantee shall have the right and is hereby permitted 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 pipes, 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 exten- sion 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 five (5) days written notice of grantee's intention to so use and occupy said portion of the public beach, and 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 is physically possible, SECTION 16: This ordinance shall take effect thirty (30) days after its adoption and the City Clerk shall certify to the passage and adoption of this ordinance, and shall cause the same to be published once in the Marina News, a weekly newspaper of general circulation circulated within the City of Seal Beach, and which is hereby designated for that purpose, .-- I PASSED, APPROVED, AND ADOPTED ATTEST: /U!~~"4J' ~ CITY CLERK . I .. . . STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) ss. ) Ordiance Number , . , , , I, F, W. Hickman, City Clerk of the City of Seal Beach and ex-officio clerk of the City Council, do hereby certify that the foregoing and attached ordinance was finally passed, approved, and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the /1ltt day of c:y~ , 1965, by the following vote: I I AYES: NOES: ABSENT: " councilmen~~ 'i.,..I4-un-a..~ Councilmen ~ Councilmen ~ ~~~ City Clerk