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Home My WebLink AboutCC Ord 390 1950-06-05 .'- ~ . .. , . . . . I. ORDn:ANCE 1\0. ~9'O AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNU, GRANTING TO RICHFIELD OIL CORPORATION, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, A ~!CHISE TO CONSTRUCT FROM TIt:E TO TILlE AI!D. FOR A PERIOD OF THIRTY (30) YEARS FRO!:.! AND AFTER THE EFFECTIVE DATE HEREOF, TO MAINTAIN, OPERATE, RE~!EV1, REPAIR, CHANGE THE SIZE AND NU1:BER OF, REliOVE Ai.!D ABAlmON PIPE LINES. FOR THE TRANSPORTATION OF OIL, PETROLEu:.:, GAS, GASOLINE, '.7ATER AND OTHER SUBSTANCES, 70GETHER 'JITH ALL L:ANHOLES, VALVES, APPURTENAlmES Alm SERVICE COU!'!ECTIONS, INCLUDI~m TELE- PHm!E LINES ON POLES OR IN CONDUITS, USED IN cmmECTION THEREWITH, IN, UNDER, ALONG AI'D ACROSS A CERTAIN PUBLIC STREET IN TEE CITY OF SEAL BEACH. The City Council of t~e City of Seal Beach, does ordain as follo\"lS: SECTION 1: That a franchise is hereby granted to Richfield Oil Corporation, a corporetion, its successors and assigns to con- struct froD time to time, and, for a period of thirty (30) years I from and after the date upon \Vhich this ordinance becomes cffective, to maintain, operate, repair, renew, change the size and nuober of, remove and abandon pipe lines, for t~e transportation of oil, petro- leum, gas, gasoline, water and other substances, together with all manholes, valves, appurtenances and service connections, includir.g telephone lines on poles or in conduits used in connection thereuith, neoessary or convenient for t~e operation of such pipe lines in, under, along and aoross t~at certain public street or highr.ay ~noLn as Hig~way 101, from t~e Easterly boundary line to the \'!esterly boundary line thereof, in and alonG present route of pipe line nou owned by said corporation, in the City of Seal Beach, hereinafter re- I <- fel'red to as II the Ci ty". SECTION 2: This franchise is Granted on tre terms and condi- tions hereinafter containe~ and the Grantee shall file ~ith t~e City Clerk of the City of Seal Beach & r.ritten acceptance hereof within thirty (30) days afte~ the passage of this ordinance. The word II grantee" uhenever used herein shall mean and include saicl Richfield Oil Corporation, its suocessors and assigns. I I I Ordinance Numher : 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 regulations as are nOlI' or hereafter may be in force, to make all necessary excavatioIlll in said streets, alleys and ways for the construction, main- tenance, operation, renewal, repair, change in the size and number of, and removal of said pipe lines, manholes, valves, appurtenances and service cormections, including telephone lines on poles or in conduits, used in cormection with said pipe lines. Before any pipe line or telephone 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 grantee'. Section S. The work of constructing, maintaining, operating, renewing, repairing, changing the size and number of and removing pipe lines and telephone 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 ~ for 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 satisfac- tion of the Street Superintendent of the City. The grantee shall hold the CiV, its City Council and other officers, harmless from allY 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 construc- tion, maintenance, operation, repair, renewal or removal of any pipe lines or telephone lines of the grantee under . this franchise and shall be re- sponsible for such damage or injury. Section 6. The City reserves the right to change the grade or line of any street, alley or way in which pipe lines or telephone lines -2- .. Ordinance Numl?er : .' . I 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/or telephone lines and their appurtenances where necessaI'J" to conform to such change of grade or line. AJrr damage caused to arty' public improvement by the grantee in exercising 8.'tfT 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 ex- penee any damage caused to an;?' street, alley or, way ar other public property of the City by arty' breaks, iLeaks or failure of an;?' of the pipe . I lines or telephone lines construc~ed, maintained o~ operated under this franchise. In the event the grantee, shall fail to make any such repairs within ten (10) dqs after a notice and demand therefor from the City, the City may make such repairs, at the cost and exp8ll8e of the grantee which cost, by the acceptance of this franchise, the grantee agrees to pay upon demand. Section B. 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 uee, operation and possession of the franChise. No percentage shall be paid for the first five (5) years succeeding the date of the franchise, but thereaf'ter such percentage shall be payable annually on or be.fore the first day of April in each year with respect to gross receipts derived by the grantee from I its operation of the pipe lines during the year ending December 31, next preceding. 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, showing the gross receipts derived by the grantee -3- " Ordinance ~~~~. : I from the use, operation and possession of the franchise during the year ending December 31 next preceding. Section 9. Grantee shall not permit arI1 right or privilege granted by the franchise to be exercised by another, nor shall the fran- chise or a.rq interest therein or a.rq right or privilege thereunder be in whole or in part sold, transfeITed, 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 a.rq person, firm or corporation having assets of more than Five Million Dollars ($~,OOO,OOO.OO), without the consent of the City expressed by r,esolution; provided, however, that the provisions of the franchise shall not require arI1 such consent and no consent shall be required for any transfer by Grantee in trust or by r.v of mortgage or ~othecation 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 re- newing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. ~ 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. I I 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 or telephone 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 ~s of a.rq such pipe line or telephone line so constructed, re- moved or abandoned. Said statements and maps shall be accompanied by the p~ent of an amount of money equal to the rate of One Hundred Dollars ($100.00) per mile for all pipe constructed, if any there be, -4.. I I I . Ordinance Number _~ : shown on said statement and maps. Section 11. In the event the grantee shall fail to keep, fulfill or perform any of the terms or conditions of this franchiss and shall fail to remedy such default within thirty (0) days after notice from the city, the City Council may, at its option exercised by ordi- nance, 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. Section 12. This franchise shall be granted upon the further condition that the grantee shall file within five (S) 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, con- ditioned that the grantee will well and truly Observe, 1'ulfill and p.erform each and every term and condition of this franchise, and in case of a breach of condition c;>f said bond the whole amount of the penal SUIII therein named shall be taken and deemed to be liquidated damages and shall be re- coveraHle from the principal 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 or telephone lines hereafter constructed, maintained or operated under this franchise shall, at all times during the term hereof, in all respects comply with all of ~e rules, regulations, ordinances and enactments of the City and of such federal, state and county authori- ties as may have jurisdiction over said pipe linea and telephone lines, provided, hcnrever, that in each instance the paramount authority shall l..S- [ - ~ .... , , LJ Ordinance Number 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 privilegea 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" ()O) da,ys after its adoption and the City Clelic shall certify to the passage and adoption of this ordinance, and shall cause the same to be published once in 7'H/? SE"RI.. SERt::H P"srV WRVE , a WE-I! k~Y newspaper of general circulation published and circulated within the itY" of Seal Beach, and which is hereby designated for that purpose. PASSED, ADOPTED AND APPROVED this..s- day" of .JI/ /1/ C , 19.s:a. . u:FA~ / ~ r ot ty of ea , California STATE OF CALD'ORNIA ) COUNTY OF Las ANGELES) CITY OF SEAL BEACH ) I, ...:r4 H II{ VY MV.u~ fillY , CitY" Clerk of the CitY" of Seal Beach, Cal Hornia, do hereby c;efUfy that the above and foregoing ordinance was duly" adopted by the City Council of said City at a Ii' C G V Lf1n meeting thereof, held in the City Hall of sud CitY on"tlie ~ of .::rVlVc , l~ , and was passed by the fol OTfJ.ng voter - t' _ I , . \ _ ." :~. L.. . (, ...... . ,,,,,,'.,'. I" ~ .. , " ,t,... . " .G ....'/ '. . AYES. COUNCIUlENW'€,9S1Ef Gk,qN6E~. NOESt\ COUNCIWEN.(.c;IYPi"/PO (3()WI.!"IfS - " N'.tV'E 6HIIFl'i.r ABSENTt COONe t:'./V'i: , , . - .." ~ ,r._ .; .:- ,,",:~- ... '-. C . , ',-= t' ., '". -6r