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HomeMy WebLinkAboutCC Ord 463 1954-12-13 .. " ~~ "," " ,. , . COPY' , CRIGINA OFt='C'A~ ORDINANCE NO. /163 NOT TO BE T AKE~~ r- O~~ THE or CLERK'S OFF~cORjINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, G TO MONTEREY OIL COMPANY, A CORPORATION, AND THE TEXAS COMPANY, A CORPORATION, JOINTLY, THEIR RES_ PECTIVE SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY, CONSTRUCT, CONNECT WITH OT"rlER PIPE LINES, MAINTAIN, OPERATE, REPAIR, RENEW, ALTER, CHANGE THE SIZE AND NUMBER OF, REMOVE AND ABANDON CONDUITS, MAINS AND PIPE LINES FOR THE TRANSPORTATION OF OIL, PErROLEUM, GAS, GASOLINE, WATER AND OTHER SUBSTANCES, TOGETHER WITH ALL MANHOLES, VALVES, APPURTENANCES AND SERVICE CONNECTIONS, INCl.UDING TELEPHONE LINES ON POLES OR IN CONDUITS, USED IN CONNECTION THEREWITH, IN, UNDER, ALONG AND ACROSS ALL PUBLIC HIGHWAYS, STREETS, AND ALLEYS IN THE CITY OF SEAL BEACH. I 8 9 10 11 12 13 14 I 16 16 17 18 19 20 21 22 23 24 26 26 27 I-~ 28 29 30 31 32 2 3 4 5 6 7 The City Council of the City of Seal Beach, does ordain as follows: SECTION 1: That a franchise and privilege is hereby granted to Monterey Oil Company, a corporation, and The Texas Com.pa.ny-, a corporation, jointly, their -I respective 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 lay, construct, connect with other pipe lines, maintain, operate, repair, ranew, alter, change the size and nmnber of, remove and abandon conduits, mains and pipe lines for the transportation of oil, petroleum, gas, gasoline, water and other substances together with all manholes, valves, appur- tenances and service connections, including telephone lines on poles or in con- duits used in connection therewith, necessary or convenient for the operation of such conduits, mains and pipe lines in, under, along and across all public high- wa;ys, streets and alleys, and public places now or hereafter dedicated to public use within the City of Seal Beach, California, hereinafter referred to as "the City". SECTION 2: This franchise is granted on the terms and conditions here- inafter conta:io.ed, and the grantees shall file with the City Clerk of the City of Seal Beach a written acceptance hereof within thirty (30) ~s after the passage of this ordinance. The word "grantees" whenever used herein shall mean and includ Monterey Oil Company and The Texas Company, jointly, their respective successors and assigns. SECTION 3: The term of the franchise and privilege hereby granted shall be thirty (30) years from and after the date on which this ordinance becomes effective. -1- ..... I I . I , . . " Ordinance N~er' . ".'. ", - ., , 1 SECTION 4: 'ftle grantees shall have the right, subject to such regu- . 2 lations as are now or hereafter may be in force, to make all necessary excava- 3 4 tions in said public highways, streets end alleys end public places for the lay- ing, construction, connection.with other pipe lines, maintenance, operation, I) repair, renewal, alteration, change in the size and number of, removal and 6 abandolllllent of said conduits, mains, pipe lines, III8lIholes , valves, appurtenances , 7 end service connections, including telephone lines on poles or in conduits, used 8 in connection with said pipe lines. :Before any conduit, main, pipe line or tele- 9 phone line is constructed or abandoned a permit shall be secured from the City 10 Council speCifying the best and most desirable routing of said conduits, mains 11 and lines, or the conditions under which they(may be abandoned, as the case may 12 be, and the City Council's decision on said routing and conditions shall be final 13 and. binding on the grantees. 14 SECTION 5: 'l'he work of laying, constructing, connecting with other 15 pipe lines, maintaining, operating, repairing, renewing, altering, changing the 16 size and number of, removing end abandoning conduits, mains, pipe lines and 17 telephone lines shall be conducted with the least possible obstruction and incon- 18 venience to the publiC and with the least possible hindrance to the use of the 19 highways, streets, alleys and public pla.ceB for p~Bes of travel. All excavs- 20 tions shall be backfilled and the surface placed in as good condition as it was . 21 in at the beginning of such work and to the satisfaction of the Street Superinten- 22 dent of the City. The grantees and each of them shall hold the City, its City 23 Council and other officers, ha.r1II1.ess from any claims for damage or injury suffered 24 by any person by reason of any excavation or obstruction in said highways, streets 25 alleys and public places occasioned by the laying, construction, connection with 26 other pipe lines, maintenance, operation, repair, renewal, alteration, removal 27 or abandonment of any conduits, mains, pipe ltnes or telephone lines of the 28 grantees under this franchise and shall be responsible for such damage or injury. SECTION 6: The City reserves the right to change the gr'ade or line of 30 any highway, street, alley or public place in which conduits, mains, pipe lines 29 31 or telephone lines are laid, constructed, maintained, or operated under this 32 franchise and, upon receiving notice from the City Council of its intention so to -2- I I 20 21 22 23 24 26 26 27 I 28 29 ~30 31 32 Ordinance'Numbe~ " ',,' . .. .', , 1 do, grantees shall promptly and at their own cost and expense change the location 2 o:f their conduits, mains, pipe lines and/or telephone lines and their appurte- 3 nances where necessary to con1'orm to such change o:f grade or line. Any damage 4 caused to any public improvements by the grantees or either o:f them in exercising Ii any right or privilege under this :franchise, or in per:forming any duty imposed 6 hereby, shall be promptly repaired by grantees at their own cost and expense. 7 SECTION 7: The grantees shall repair at their own cost and expense any 8 damage caused to any highway, street, alley, public place or other public property 9 o:f the City by any breaks, leaks or :failure o:f the conduits, mains, pipe lines or 10 telephone lines laid, constructed, maintained or operated under this :franchise. 11 In the event the grantees shall :fail to make any such repairs within ten (10) days 12 after a notice and demand there:for :from the City, the City may make such repairs, 13 at the cost and expense of the grantees, which cost, by the acceptance o:f this 14 :franchise, the grantees agree to pay upon demand. 16 SECTION 8: The grantees shall, during the li:fe o:f this :franchise, pay 16 to the City, in lawt'ul money o:f the United States, a SUlll equal to two per cent 17 (2%) of the royalties paid by grantees to the State o:f Cal1:fornia with respect 18 to such oil, petroleUlll, gas and other hydrocarbon substances as are produced by 19 means of o:ffshore wells drilled on and bottomed under tide and submerged lands of the Pac1:fic Ocean and are transported through any conduit, main or pipe line laid, constructed, maintained or operated under this :franchise and then subject thereto. Each time that grantees or either o:f them shall during the li:fe o:f this :franchise pay any of the aforesaid royalties to the State o:f Cali:fornia said grantees or grantee shall pay the City the SUlll equal to two per cent (2%) thereof to which the City is entitled as aforesaid and shall :file with the City Clerk a statement, verified by an o:f:ficer or agent o:f such grantee or by respective o:f:f1cers or agents o:f the grantees, each of whom is authorized by law to make verified state- ments on behal:f o:f the grantee o:f which he is an officer or agent, showing the aforesaid royalties with respect to which that payment to the City is being made. CommenCing at the beginning of the sixth year after the date o:f this franchise and continuing during the then remaining li:fe of this :franchise, grantees shall pay to the City, in lawt'ul money o:f the United States, two per cent (2%) o:f the gross -3- I I I " ' Ordinance Number .. .. ..; .. 1 annual receipts of the grantees arising from the use, operation or possession of 2 this franchise, the same to be p~ble annually on or before the first day of 3 April in each year with respect to gross receipts derived by the grantees from 4 their operation of such conduits, mains and pipe lines during the year ending 5 December 31, ,next preceding, provided, however, that any and all payments made by 6 grantees or either of them to the City during such year ending December 31, next 7 preceding, based upon royalties paid to the State shall be credited upon any sums 8 which shall accrue under this sentence based upon said gross receipts during such 9 year, With respect to the first and last calendar years for which the two per 10 cent (2'1>) of the gross annual receipts is p~ble, such payments and the credits 11 thereon shall be pro-rated according to the period of time this franchise shall, 12 have been in effect during such respective years. Annually on or before each 13 such first day of April, grantees or either of them shall file with the City Clerk 14 a statement, verified as aforesaid, showing their gross annual receipts from the 15 operation of said conduits, mains and pipe lines during the year ending December 16 31, next preceding, and Showing also the aggregate of the aforesaid royalties paid 17 to the State during such year. It is further provided that in no event shall the 18 amount which the grantees shall be obligated to pay to the City hereunder be less 19 than a sum equal to two per cent (2'1>) of the royalties paid by grantees to the 20 State of California as aforesaid. 21 SECTION 9: Grantees shall not permit any right or privilege granted by 22 this franchise to be exercised by another, nor shall this franchise or any interest 23 herein or any right or privilege hereunder be in whole or in part sold, transferred 24 leased, assigned, or disposed of by either grantee except to a corporation acquir- 25 ing or owning a portion of the assets of such grantee through consolidation, merger 26 or re-organization, or to a subSidiary of either grantee, or to any person, firm 27 or corporation having assets of more than Five Million Dollars ($5,000,000.00), 28 without the consent of the City expressed by resolution; provided, however, that 29 no consent shall be required for any transfer by either grantee in trust or by way 30 of mortgage or hypothecation covering all or any part of such grantee I s property, 31 which transfer, mortgage or hypothecation shall be for the purpose of securing an 32 indebtedness of such grantee or for the purpose of renewing, extending, refunding, -4- I I 20 21 22 23 24 25 26 27 I 28 29 30 31 32 . ' , " , Ordinance Number' ~ , 1 retiring, paying or cancelling in whole or in part any such indebtedness at an;y 2 time or from time to time. An::r such sale, lease, assignment, or other disposition 3 of franchise fCll' which consent of the City is required hereunder shall be evidenced 4 by' a duly executed instrument in writing filed in the office of the City Clerk. 5 SEX:TION 10: In the event the grantees or either of them shall fail to 6 keep, fulfill, or perform any of the terms or conditions of this franchise and 7 shall fail to begin to remed;y such default within thirty (30) days after notice 8 from the City, and thereafter to exercise due diligence to correct the same, the 9 City CouncillllBlY, at its option exercised by' ordinance, declare this franchise for- 10 feited. Upon such a declaration of forfeiture this franchise shall be deemed can- 11 celled and terminated and all of the rights and privileges of the grantees under 12 this franchise shall be deemed surrendered and terminated and the City IIllIy' there- 13 after exclude the grantees from further use of the public highways, streets and 14 alleys and public places of the City under this franchise. 15 SEX:TION 11: This franchise shall be granted upon the further condition 16 that the grantees shall file within five (5) days after the date upon which this 17 ordinance is adopted, and shall keep on file with the City at all times during the 18 life of this franchise, a bond running to the City in the penal sum of One Thousand 19 ollars ($1,000.00), with at least two good and sufficient sureties, or with a cor- orate surety competent to act as sole surety, to be approved by' the City Council, ondi tioned that the grantees will well and truJy observe, fulfill and perform each and every term and condition of this franchise, and in case of a breach of condi- ion of said bond the whole amount of the penal sum therein named shall be taken d deemed to be liquidated damages and shall be recoverable from the principals d surety or sureties upon said bond. SECTION 12: The work of laying, constructing, connecting with other lines, maintaining, operating, repairing, renewing, altering, changing the ize or number of, removing or abandoning any conduits, mains, pipe lines or tele- hone lines hereafter laid, constructed, maintained or operated under this franchise hall at all times during the term hereof, in all respects compJy with all of the les, regulations, ordinances and enactments of the City and of such federal, tate and county authorities as IIIBlY have jurisdiction over said conduits, mains, -5- I I 128 29 . " ' . Ordinance NUmber: , ..... .. 1'y 1 pipe lines and telephone lines, provided, however, that in each instance the para- 2 mount authority shall be binding on the grantees and each of them; and the City 3 hereby reserves all regulatory power by law allowed to it over and with reference 4 to this franchise and the exercise of rights, power or pririleges under the same 5 by the grantees or either of them. 6 SECTION 13: This franchise is not and shall not be exclusive. 7 SECTION 14: This ordinance shall take effect thirty C~O) days after its 8 adoption and the City Clerk shall certify to the passage and adoption of this 9 ordinance, and shall cause the same to be published once in "The Seal Beach Post 10 I and Wave", a week]y newspaper of general circulation published and circulated 11 within the City of Seal Beach, and which is hereby designated for that purpose. PASSED, ADOPTED AND APPROVED this /J~ day of 1JJl.l,,-~.~.J-4 1954. ~~~/~~/C- 12 13 14 16 16 ATTEST: Mayor of the City of Seal Beach, California 17 ~ ~dU-1-,","'-_ 18 Cf'ty Clerk of the City of Seal Beach, California 19 STATE OF CALIFORNIA 20 COUNTY OF ORANGE CITY OF SEAL BEACH 21 22 I, F. W. Hic1onan, City Clerk of the City of Seal Beach, California, do 'II. .3 was dUly hereby certify that the above and foregoing Ordinance No. 23 passed, approved and adopted by the City Council of said City at atfG,tJJ.AIl AOjM M ~ meeting thereof, held in the City Hall of said City on the /3 day of .l)kS.M 26 , l~ by the following vote: AYES: COUNCILMEN t!.AJ../ltJ, FJ.AV.41-A.yJ.EtJPAag l.AJUII~~,(,f NOES: COUNCILMEN ./V IJ AI S 26 27 ABSENT: COUNCILMEN h'DA/$ 30 31 PASSED, COUNCIUlEN .AI p.v G ~. ,(/...:Cr:c - - - ..... City Clerk of the City of Seal Beach, California 32 -6-