HomeMy WebLinkAboutCC Ord 474 1955-06-28
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CRIGlNAL IoF;:lcIAL COPY ORDINANCE NO. 474
NOT TO ElF TAKE~~ F~'
THE CITY LGf>'''' ~ U [NANCE OF THE CITY OF' SEAL BEACH, CALIFORNIA,
l' ",.. G T N'G TO HANCOCK OIL COMPANY. A CORPORATION.
U~ ~v CESSORS 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, RENEW, REPAIR. CHANGE THE SIZE
AND NUMBER OF, REMOVE AND ABANDON PIPE LINES. FOR
THE TRANSPORTATION OF OIL. PETROLEUM. GAS, GASOLINE.
WATER AND OTHER SUBSTANCES, TOGETHER WITH ALL MAN-
HOLES. VALVES. APPURTENANCES AND SERVICE CONNECTIONS
USED IN CONNECTION THEREWITH, IN, UNDER, ALONG AND
ACROSS A CERTAIN PUBLIC STREET.IN THE CITY OF SEAL BEACH.
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The City COllncil of the City of Seal Beach does ordain as follows:
SECTION 1: That a franchise is hereby granted to Hancock Oil Compan ,
a Delaware corporation, its successors and assigns to construct from time to
time, and, for a period of thirty (30) years from and after the date llpon which
this ordinance becomes effective, to maintain, operate, repair, renew, change
the size and number of, remove and abandon pipe lines, for the transportation
of oil, petroleum, gas, gasoline, water and other substances, together with all
manholes, valves, appurtenances and service connections used in connection
therewith, necessary or convenient for the operation of such pipe lines in,
under, along and across, (1) that certain public street or highway known as
Bay BOlllevard from the intersection of Bolsa Avenue with the said Bay
Boulevard to the Northeast boundary line of said City of Seal Beach, and (2)
those certain public streets or highways known as Bolsa Avenue, U. S. Highway
101, U. S. Highway 101 Alternate, and Seventh Street, all in the City of Seal
Beach, hereinafter referred to as "the City".
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 inclllde said Hancock Oil Company, its successors and assigns.
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 sllch regula-
tions as are now or hereafter may be in force, to make all necessary excava-
tions in said streets, alleys and ways for the construction, maintenance, opera
tion, renewal, repair, change in the size and nllmber of, and removal of said
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Ordinan~e N~e~.
pipe lines, manholes, valves, appurtenances and service connections used in
connection with said pipe lines. Before any pipe line is constructed or aban-
doned a permit shall be secured from the City Council specifying the best and
most desirable routi~ 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 grantee) except that the pro-
posed pipeline construction as shown on Drawing B-e3a-1197(Rev. 3/29/55) is
approved by said City Council concurrently with the granting of this franchise.
. SECTION 5: The work of constructing. maintaining, operating, renew-
ing, repairing. changing the size and nllmber 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 purposes of travel. All excavations shall be backfilled and the sllrface
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 obstrllction 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 injllry 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 ex-
pense change the location of its pipe lines and their appllrtenances 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
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,Ordin~nce.N~mper
1 by any breaks, leaks or failure of any of the pipe lines constructed, maintained
2 or operated under this franchise. In the event the grantee shall fail to make
3 any such repairs within ten (10) days after a notice and demand therefor from
4 the City, the City may make such repairs, at the cost and expense of the
5 grantee which cost, by the acceptance of this franchise, the grantee agrees to
6 pay upon demand.
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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"/0) of the gross
annual receipts of the grantee arising from the use, operation and possession
of the franchise. No percentage shall be paid for the first five (5) years suc-
ceeding the date of the franchise, but thereafter such percentage shall be pay-
able 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 preceding; providing, however, that a
minimum annual payment shall be made under said franchise, commencing with
the effective date thereof, which shall be equal to $. 005 per inch of inside
diameter per lineal foot of pipeline installed and maintained under said fran-
chtse, payable in advance and calculated ratably for the number of months in
the calendar year during which any such pipeline is maintained, including the
month in which installation is made. 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 state-
ments on behalf of the grantee, showing the gross receipts derived by the
grantee from the llse, operation and possession of the franchise during the year
ending December 31 next preceding.
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, trans-
ferred; 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, firm or corpo-
ration having assets of more than Five Million Dollars ($5,000,000.00) without
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. QrdiI\an~ .~umber
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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 trllst 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, pay-
ing 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 fran-
chise 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 C-lerk.
SECTION 10: On or before the 1st day of May and November of each
year during the life of this franchise, the gral).tee shall render to the City a
statement showing in detail the total length of any pipe line constructed, re-
moved or abandoned under the franchise during the preceding six months period,
together with a map or maps accurately showing the location in the public street,
alleys or ways of any such pipe line so constructed, removed or abandoned.
Said statements and maps shall be accompanied by the payment of an amount of
money equal to the rate of One Hundreq Dollars ($100.00) per mile for all pipe
line constructed, if any there be, shown on said statement and maps.
SECTION 11: In the event the grantee shall fail to keep, fulfill or per-
form any of the terms or conditions of this franchise and shall fail to remedy
such default within thirty (30) days after notice from the Oity, the City Council
may, at its option exercised by ordinance, declare the franchise forfeited. Upo
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 fran-
chise shall be deemed surrendered and terminated and the City may thereafter
exclude the grantee from further llse of the pllblic streets, alleys and ways of
the City under this franchise.
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 or-
dinance is adopted, and shall keep on file with the City at all times during the
32 life of this franchise, a bond running to the City in the penal sum of One Thousa
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~r.dinqnc~.ij~ffiger
Dollars ($1.000.00). with at least two good and sllfficient sllreties, or with a
corporate sllrety competent to act as sole surety, to be approved by the City
COllncil, 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 amollnt of the penal sum therein
named shall be taken and deemed to be liquidated damages and shall be re-
coverable from the principal and surety or sureties upon said bond.
SECTION 13: The work of constructing. maintaining, operating, re-
newing, 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, regu
lations, ordinances and enactments of the City and of such federal, state and
county allthorities 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.
SECTION 15: This ordinance shall take effect thirty (30) days after its
adoption and the City Clerk shall certify to the passage and adoption of this or-
dinance, and shall cause the same to be published once in the Seal Beach Post
and Wave, a weekly newspaper of general circlllation published and circulated
within the City of Seal Beach, and which is hereby designated for that pllrpose.
PASSED, ADOPTED AND APPROVED this :28f'day o~ ' 1955.
'MA~~d{~~f~AL H~ACH
ATTEST:
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CITY CLERK
STA TE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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) ss:
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I. F. W. HICKMAN, City Clerk of the City of Seal Beach and ex-officio
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Ordinance Number
.
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
A. 'D'1b<4I!N 6 1) ~
City of Seal Beach at a reglllaf~meeting thereof held on the .:1.1' - day
of ~.A".E ' 1955, by the following vote:
Ayes:
COllncilmen /.AWNP"IUJ I. HtJH.flJg e ..U.,,~ e.1.41!.(
Councilmen "iVtlHG
Noes:
Absent: Councilmen ~~.f.PA-t:~.P
Pass: Councilmen H'DH'
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