HomeMy Public PortalAbout82-178 (11-02-82)RESOLUTION NO. 82 -178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD DECLARING ITS INTE_VTION TO GRANT
A FRANCHISE TO THE MOBIL OIL CORPCRATION.
WHEREAS, the City Council of the City of Lynwood granted
to the Mobil Oil Corporation a franchise to lay, maintain, and
operate a pipe line system for the transportation of oil and
gas, and to maintain a`_elephone line in connection therewith,
under certain public highways in the City of Lynwood described
as follows:
(1) Imperial Highway from the east City limit
to the intersection of Norton Avenue; thence
along Norton Avenue to the westerly boundary
line of State Street; thence southerly along
State Street and Santa Fe Avenue to the south-
erly boundary line of Weber Avenue.
(2) Within a certain district described by County
ordinance No. 781, to which reference is hereby
made for greater particularity.
(3) Alameda Street from the northerly City
limit to the southerly City limit,
by City Ordinance No. 925, for a period of not to exceed ten
years from and after the date of the granting of said franchise,
and
WHEREAS, the franchise granted by said City Ordinance
925 will expire December 21, 1982, and
NHEREAS, Mobil Oil Corporation maintains and operates
pipe lines under, upon and across certain public highways within
the corporate limits of the City of Lynwood under and by virtue
of said City Ordinance No. 925, and
WHEREAS, Mobil Oil Corporation has written a letter to
the City of Lynwood expressing its desire to continue operation
of the facilities beyond the expiration date above, and
WHEREAS, it would be in the best interest of the City
and Mobil Oil Corporation for the City to grant a new franchise
with such terms and conditions as may be imposed by the City
Council, Director of Public Works /City Engineer and Citv Attorney,
NOW, THEREFORE, the City Council of the City of Lynwood
does resolve as follows:
SECTION 1 . That it is the intention of said City Council
to grant to Mobil Oil Corporation a franchise to be upon the
following terms, provisions and conditions, to wit:
(1) That the term of said franchise shall be ten (10)
years from and after the date on which the ordinance granting the
franchise becomes effective.
(2) That the franchise shall be subject to all of the pro-
visions of any and all ordinances of the City of Lynwood. In case
of anv conflict between any provision hereof and said ordinance,
the ordinance provisions shall prevail.
(3) The'word "grantee" when used.herein and in the
franchise shall mean and include Mobil Oil Corporation, named
as the grantee in the ordinance granting the franchise and the
successors and assigns of said Mobil Oil Corporation.
(4) The grantee shall file with the City Clerk of the
City of Lynwood within ten (10) days after the adoption of the
ordinance granting the franchise.a written acceptance thereof,
and shall at the same time file with the City Cleric of the City
of Lynwood a written declaration of surrender of its franchise
under City Ordinance No. 925.
(5) The graht_ee shall have the right, subject to such
regulations, laws and ordinances as are how or may hereafter be
in force, to make all necessary excavations in the public streets,
alleys, and ways for the construction, maintenance, operation,
renewal, repair, change in size number of, and removal of
pipe lines, pole lines and conduits constructed, maintained or
operated under the franchise.
(6) The work of constructing, maintaining, operating,
removing, repairing, changing the size and humber of and removing
pipe lines, pole 'lines and conduits 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 surface placed in as good condition as it
was at the beginning of such work and to the satisfaction of the
Director of Public Works /City Engineer. The grantee shall hold
the City of Lynwood, the City Council and other officers, harmless
from any claims for damage or injury sufffered by any person by
reason of any excavation or obstruction in said streets, alleys or
ways occasioned by the construction, maintenance, operation,
reapir or removal of any pipe lines, pole lines or conduits of
the grantee under said franchise, and shall be responsible for
any such damage or injury.
(7) The City of Lynwood reserves the right to change the
grade or line of any street, alley or way in which pipe lines, pole
lines or conduits are constructed, maintained or operated under
the franchise, and upon receiving notice from the City Council of
its intention to do so, the grantee shall promptly and at its own
cost and expense, change the location of all such facilities and
their appurtenanzes where necessary to conform to such change or
line. any damage caused to any public improvement by the grantee
in exercising any right or privilege under the franchise or in
performing any duty under or pursuant to the provisions of the
ordinance granting the franchise shall be promptly repaired by the
grantee at its sole cost and expense.
(9) The grantee shall repair at its own expense any damage
caused to any street, alley, way or other public property of the
City of Lynwood by reason of any breaks, leaks or failure of any
o_` the pipe lines, pole lines or conduits constructed, maintained
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or operated under said franchise, at its sole cost and expense. In
the event the grantee shall fail to make any such repairs within
ten (10) days after receipt of 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 the franchise, the
grantee shall agree to pay upon demand.
(9) The grantee of this _franchise shall, during the life
hereof, make annual payments to the City of Lynwood, in Lawful money
of the United States, for the privilege hereby granted, at the
rate of one -half (1/2) cent per inch of internal diameter per foot,
or two percent (2�) of the gross annual receipts attributable to
all pipe lines under franchise with Mobil Oil Corporation, whichever
is the greater, of the pipe line heretofore or hereafter installed
and maintained in public streets, alleys and ways by virtue of the
authority granted by the franchise or any franchises superseded by
the franchise. Said annual payment shall be made on or before the
first day of April of each and every calendar year during the term
hereof, beginning as of the effective day of the ordinance granting
the franchise for the twelve -month fiscal period ending on the
preceding October 31. In the event any pipe line shall have been
subject to the terms of this franchise for only a fractional part of
said twelve -month period, the payment therefor shall be computed in
the proportion in which the number of days in the said fractional
part of the twelve -month period bears to three hundred and sixty -five
(365). days.
The annual payment shall be accompanied by two copies of
a report verified by the oath of a, duly authorized representative
of the grantee, showing the length of pipe lines in public highways,
the internal diameter of such lines, the rate per foot and the total
amount due. In the event new pipe lines have been laid longitudin-
ally in public highways subsequent to the previous report, there
shall be included with the current report a statement showing the
permit number, date laid, feet applied for, feet laid, and size of
all new lines laid or constructed.
(10) 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 Dart sold, transferred, 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 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 as, indebtedness
of cranzee or for the purpose of renewing, extendir_c, refunding,
retiring, paying or cancelling in whole or in part any such indebted-
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ness at any time or from time to time. rPnv 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 Citv Clerk.
(I!) On or before the first,day of May and November of
each year during the life of the franchise, the grantee shall
render•co the City a statement showing in detail the total length.
of any pine line constructed, removed or abandoned under the franchise
durinc;che preceding six- months' period, together with a map or
maps accurately showing the location in the public streets, alleys
or ways of any such p1pe 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 Hundred Dollars ($100.00)'
per mile for all pipe line constructed, if any there be, shown on
said statements and maps.
(12) In the event the grantee shall fail to keep, fulfill
or perform any'of the terms or conditions of the franchise and
shall fail to remedy such default within thirty (30) days after
notice from the City, the City Council map, at its option, exercised
by resolution or ordinance, declare the franchise forfeited. Upon
such declaration of forfeiture the franchise shall be deemed cancelled
and terminated and all of the rights and privileges of the grantee
under the 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 under the franchise.
(13) The work of constructing, maintaining, operating,
renewing, repairing, changing the size or number or removing any
pipe lines, pole Lines or conduits under the franchise shall, at all
times during the term of the franchise, in all respects comply with
all of the rules, regulations, ordinances and enactments of the City
of Lynwood and of such federal, state and county authorities as may
have 3urisd -ction over said facilities; provided, however, that in
each instance the paramount authority shall be binding on the
grantee, and the City of Lynwood hereby reserves all regulatory
power by law allowed to it over and with reference to the franchise
and the exercise of rights, powers, and privileges under the same by
the grantee.
(14) Said franchise is not and shall not be exclusive.
SECTION 2 . BE IT FURTHER RESOLVED that the City Clerk of
the City of Lynwcod be and he is hereby authorized and directed to
advertise the fact that said application for said franchise has
been made to said City Council, together with a statement that it is
pronosed to grant said franchise upon terms, provisions and conditions
set forth in this resolution, by publishing a notice of the time and
place of the public hearing as set forth in SECTION 3 hereof, in the
Lynwood Press, a weekly paper of general circulation published in
the City of Lynwood; that said notice be published once within
twenty (20) days of the passage of said resolution and at least
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ten (10) days prior to the date of the hearing, and that said notice
shall state that the grantee of the franchise, Mobil Oil Corporation,
and its successors and assigns, will-, during the lifetime of the
franchise, pay to the City of Lynwood for the privilege granted, at
the rate of one -half (1/2) cent per inch of internal diameter per
foot, or two - percent (2 %) of the gross annual receipts attributable
to all pipe lines under franchise with Mobil Oil Corporation,
whichever is the greater, of the pipe line heretofore or
installed and maintained in public_ streets, alleys and ways by
virtue of the authority granted by the franchise or any franchises'
superseded by the franchise, and that in the event the payment is not
made, the franchise will be forfeited; that the notice shall also
state that the term of the franchise is ten (10) years.
SECTION 3 . IT IS FURTHER ORDERED, STATED AND DECLARED that
the hour of 7:30 P.M. on'the 7th day of December, 1982, be, and the
same is hereby fixed as the hour and the day for the meeting of the
City Council in the Council Chambers of the City Hall of said City,
at which any persons having any interest in the franchise or any
objection-to the granting thereof may appear before the City Council
and be heard thereon.
SECTION 4 . This resolution shall take effect immediately
upon its adoption.
APPROVED, PASSED and ADOPTED this 2nd day of
November , 1982.
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood ATTEST AS TO CONTENT:
Vv
HAROLD C. WILLIAMS, 2-E-
Director of Public Works /City Engineer
ATTEST,KS TO FORM:_ City of Lynwood
DA E_MCEWEN, City Attorney
Citv of Lynwood
City of Lynwood
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, do hereby certify that the foregoing resolution
was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the
2nd day of November , 1982.
AYES: BYORK, GREEN, MORRIS, ROME, THOMPSON
NOES: NONE
ABSENT: NONE
`City Clerk, City of Lynwood ""