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