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HomeMy Public PortalAbout75-354 ORDINANCE NO. 75-354 AN ORDINANCE OF THE CITY OF CARSON GRANTING TO FLETCHER OIL AND REFINING CORPORATION, A CALI- FORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, FRANCHISE AND PRIVILEGE, FROM TIME TO TIME, FOR A PERIOD OF TWENTY-FIVE (25) YEARS FROM AND AFTER THE DATE UPON WHICH THE FRANCHISE SHALL BECOME EFFECTIVE , TO LAY OR CONSTRUCT AND TO MAINTAIN, OPERATE, RENEW, REPAIR, CHANGE THE SIZE OF, REMOVE OR ABANDON IN PLACE, PIPES AND PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, GASOLINE, PETROLEUM, WET GAS, HYDROCARBON SUB- STANCES, WATER, WASTE WATER, MUD, STEAM AND OTHER LIQUID SUBSTANCES WHICH ARE NOT MORE HAZARDOUS THAN THE AFORESAID SUBSTANCES, TOGETHER WITH ALL MANHOLES, VALVES, APPURTENACES AND SERVICE CON- NECTIONS NECESSARY OR CONVENIENT FOR THE OPERA- TION OF SAID PIPES AND PIPELINES INCLUDING CON- DUITS, WIRES , CABLES AND OTHER APPURTENANCES UNDER, ALONG , ACROSS OR UPON CERTAIN STREETS, HIGHWAYS, ROADS, ALLEYS AND OTHER PUBLIC PLACES DEDICATED TO PUBLIC USE WITHIN THE CITY OF CARSON THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS : Section 1 . (a) The word "grantee" wherever used herein shall include the grantee and its lawful successors and assigns. (b) The word "City" wherever used herein shall refer to the City of Carson, a municipal corporation of the State of California, in the present incorporated form or in any later consolidated, enlarged or reorganized form. Section 2. The right, privilege and franchise, sub- ject to each and all of the terms and conditions contained in this ordinance, and pursuant to and upon the terms and condi- tions of Division 3, Chapter 2 of the Public Utilities Code of the State of California ( "Franchise Act of 1937" ) , be and the same is hereby granted to FLETCHER OIL AND REFINING CORPORATION, a California corporation, its successors and assigns, to lay or construct, and to maintain, operate, remove, repair, change the size of, remove or abandon in place, pipes and pipelines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water , waste water, mud, steam and other liquid substances which are not more hazardous than the aforesaid substances, together with all manholes, valves, appur- tenances and service connections necessay or convenient for the operation of said pipes and pipelines, including conduits, wires, cables and other appurtenances under, along, across or upon the streets, highways, roads, alleys and other public places delineated in Section 7 . i Ord. No. 75-354/Page 2 Section 3 . Nothing in this Ordinance shall be con- strued to permit the Grantee to construct new poles or trans- mission facilities above ground. The Grantee may use existing poles for such communications and transmission facilities but in the event there are no poles or above ground facilities existing, or to the extent additional or new communications or transmission facilities are required, Grantee shall construct them underground. Section 4 . The term of this franchise shall be for a period of twenty-five (25) years from and after its effective date, or until, with the consent of the Public Utilities Commis- sion of the State of California, it is voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this fran- chise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise is forfeited for noncompliance with its terms by the grantee. Section 5 . The system for conducting, transporting, conveying and carrying gas, oil , petroleum, water and other sub- stances to be constructed and operated under this franchise shall be built and constructed in a good and workmanlike manner and of good material, and any and all pipelines laid, located, or main- tained under said franchise shall be so placed as not to inter- fere with the use of said public streets, ways, alleys and places by the traveling public or for public purposes to any greater extent than is reasonably necessary, and in laying said pipe- lines the grantee shall make and back-fill all excavations in such manner and way as to leave the surface and public street, way, alley or place in the same condition it was in prior to said excavation. Section 6 . The grantee will conform to the statutes of the State of California and such regulations, instructions and directions as the City Concil may, by ordinance or resolution, require, provided that said instructions and directions of the said City Council are not in conflict with any paramount authority of the State of California. As to the State highways, grantee will conform to the provisions of the general laws relating to the location and maintenance of facilities therein. Section 7 . The franchise granted herein shall be limited to Main Street, between 228th Street and Lomita Boulevard. Section 8 . Any damage done directly or indirectly to any public property by grantee, in exercising directly or indirectly any right, power , or privilege under this franchise, Ord. No. 75-354/Page 3 or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by grantee at its sole cost and expense. Section 9. The grantee shall remove or relocate, without expense to the City, facilities installed, used, and maintained under the franchise, if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct. Section 10 . The grantee shall indemnify and hold harm- less the City and its officers from any and all liability for damage proximately resulting from any operations under this franchise. Section 11 . The grantee shall, during the life of this franchise annually pay to the City, in lawful money of the United States, within seventy-five (75) days after the end of each calen- dar year, and in the manner provided by law, a sum computed by multiplying the sum of one cent ($0. 01) times the nominal internal diameter of the pipeline, expressed in inches, times the number of lineal feet of such pipe, and Twenty-five Dollars ( $25 .00) per mile of existing pole line within the public streets, ways, alleys or other public places within the City, and shall pay an additional construction charge of One Hundred Dollars ($100.00) per mile or fraction thereof for the construction and laying of each pipe or pipeline. PROVIDED, HOWEVER, that the amount of each annual payment shall be revised at the time of payment in accordance with the following formula: (a) If the level of the Wholesale Price Index (1967 = 100 .0 ) , all commodities, prepared by the United States Bureau of Labor Statistics, Department of Labor, 90-days prior to the date on which payment to the grantors shall be due, shall stand at a level different than the "base level" (as defined here- inafter ) then the rate of payment to the City shall vary from the hereinabove amounts in direct proportion as said Index has in- creased or decreased from the "base level. "Base level" for the purposes of this section shall be the level of the Index on January 1 , 1974 . (b) If said Bureau shall revise the said Index, the parties hereto shall accept the method of revision of con- version recommended by the said Bureau. (c) If said Bureau shall discontinue the pre- paration of said Wholesale Price Index using prices prevailing during the year 1967 as the base of 100, and if no transposition table prepared by said Bureau is available which is applicable to said year 1967 , then the amount of each annual payment shall be computed by using the successor or most nearly comparable successor index thereto. Ord. No. 75-354/Page 4 An assessment of ten percent (10% ) of the annual payment due hereunder shall be made for each month after the payment date established hereunder that said payment remains due and out- standing. Section 12 . The grantee shall not sell, lease, or assign this franchise or the rights or privileges granted hereby, or any of them, without the consent of the City Council, nor shall this franchise be sold, leased or assigned except by a duly executed instrument in writing filed in the Office of the City Clerk; and nothing in this franchise shall be construed to grant to the grantee any right to sell, lease, or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid. Section 13 . Any neglect, failure or refusal of grantee to comply with any of the conditions of this franchise within ten (10 ) days after written demand for compliance, may cause a forteiture hereof, and the City, by its City Council, may thereupon declare this franchise forfeited and this franchise sshall be deemed and shall remain null, void and of no effect. Section 14 . The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grantee either by purchase or through the exercise of eminent domain and nothing herein shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City' s right of eminent domain in respect to the grantee or the property of grantee. Section 15 . The grantee shall file with a corporate surety authorized to conduct a surety business in the State of California, in a form approved by the City Attorney for the City, a bond in the penal sum of Five Thousand Dollars ($5,000. 00) upon the condition that the grantee shall well and truly observe, fulfill and perform each term and condition of said franchise, and in the case of any breach of condition of said bond, the amount of the penal sum therein named shall be recoverabl from the principal and surety upon said bond. Said bond shall be filed with the City Clerk within five (5) days after the effec- tive date of this ordinance, and the franchise herein granted shall not become effective until such bond is so filed. If such a bond is not maintained and kept on file, or if it does not receive the approval of the City Attorney, this franchise may be forfeited and any money paid to the City in connection therewith shall be retained by the City. The grantee, in lieu of said bond, may deposit with the Finance Director of the City such evidences of deposit as are provided by Section 1400 of the Carson Municipal Code. Section 16 . The grantee shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payments shall be made thirty (30 ) days after the City furnishes the grantee with a written statement of such expenses. Ord. No. 75-354/Page 5 Section 17. The grantee shall file a map in such form as may be required by the Director of Public Woks showing the location, length and size of all its franchise facilities within the City. Such map shall be kept current by the grantee, and within sixty (60) days after any facilities are installed, relocated, removed or abandoned under this franchise, a new map reflecting these changes shall be submitted by the grantee to the Director of Public Works. Section 18. The City Clerk shall cause this Ordinance to be posted within fifteen 15 days after its passage in three (3) public places within the City. PASSED, APPROVED and ADOPTED this 15th day of September , 1975. v� ' MAYOR ATTEST: . J CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 75-354, passed first reading on September 2, 1975 , was duly and regularly adopted by the City Council of said City at a regular meeting of said Council , duly and regularly held on the 15th day of September 1975 and that the same was so passed and adopted by the following roll call vote: AYES: COUNCILMEN: Calas, Marbut, Smith, Yamamoto & Bridgers NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CZ y C7erk, City of C rson, C lfornia