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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 - 2 - 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- - 3 - 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 - 4 - l .. 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 ""