HomeMy Public PortalAbout76-366 ORDINANCE NO. 76-366
AN ORDINANCE OF THE CITY OF CARSON ESTABLISH-
ING ADDITIONAL CONDITIONS TO A PIPELINE OIL
FRANCHISE GRANTED TO PHILLIPS PETROLEUM COM-
PANY BY LOS ANGELES COUNTY ORDINANCE NO.
9212
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. Los Angeles County Ordinance No. 9212 granted an oil pipeline
franchise to Phi ip7 s Petroleum Company.
Section 2. Pursuant to Section 131 of Los Angeles County Ordinance No.
7468, adopted by reference by Ordinance No. 9212, the City Council consented to the assign-
ment of said oil pipeline franchise from Phillips Petroleum Company to The Oil Shale Corpora-
tion and from The Oil Shale Corporation to GATX Tank Storage Terminals Corporation.
Section 3. Pursuant to said Section 131 of Los Angeles County Ordinance No.
7468, the City Council conditions said consent on the agreement of GATX Tank Storage Termi-
nals Corporation to comply with the provisions of the standard Carson oil pipeline franchise
Ordinance attached hereby as Exhibit A.
PASSED, APPROVED and ADOPTED this 29th day of March ,
1976,
l
ATTEST:
CITY CUERK
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, 76-366, passed first reading on
March 22, 1976 , 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 29th day of March ,
1976, and that the some was so passed and adopted by the following ro call vote:
AYES: COUNCILMEN: Bridgers, Colas, Smith, Yamamoto & Marbut
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CITY CLERK
Ord. No. 76-366/Page 2
EXHIBIT A
AN ORDINANCE OF THE CITY OF CARSON GRANT-
ING TO ,
A 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 SUBSTANCES, WATER, WASTE
WATER, MUD, STEAM AND OTHER LIQUID SUBSTANCES
WHICH ARE NOT MORE HAZARDOUS THAN THE
AFORESAID SUBSTANCES, TOGETHER WITH ALL
MANHOLES, VALVES, APPURTENANCES AND SERVICE
CONNECTIONS NECESSARY OR CONVENIENT FOR
THE OPERATION OF SAID PIPES AND PIPELINES
INCLUDING CONDUITS, WIRES, CABLES, CATHODIC
PROTECTION FACILITIES, AND OTHER APPURTEN-
ANCES 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
conditions 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 , a
corporation, its successors and assigns, to lay
or construct, and to maintain, operate, 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, appurtenances and service connections necessary or
convenient for the operation of said pipes and pipelines,
including conduits, wires , cables, cathodic protection facili-
ties, and other appurtenances under , along, across or upon
the streets, highways, roads , alleys and other public places.
Ord. No. 76-366/Page 3
Section 3. Nothing in this Ordinance shall
be construed to permit the Grantee to construct new poles
or transmission 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 re-
quired, 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 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 franchise and situated within the
territorial limits of the State, municipal or public cor-
poration 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, trans-
porting, conve�y g and carrying gas, oil , petroleum, water
and other substances 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 maintained under said fran-
chise shall be so placed as not to interfere 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
pipelines the grantee shall make and backfill 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 Council may, by
ordinance or resolution, require, provided that said instruc-
tions and directions of the said City Council are not in
conflict with any paramount authority of the State of Cali-
fornia. As to the State highways, grantee will conform
to the provisions of the general laws relating to the loca-
tion and maintenance of facilities therein.
Section 7. Any damage done directly or in-
directly to any public property by grantee, in exercising
directly or indirectly any right, power , or privilege under
this franchise , 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.
Ord. No. 76-366/Page 4
Section 8. 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 construc-
tion of any subway or viaduct.
Section 9. The grantee shall indemnify and hold
harmless the City and its officers from any and all liability
for damage proximately resulting from any operations under
this franchise.
Section 10. 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 calendar 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 hereinafter ) then the
rate of payment to the City shall vary from the hereinabove
amounts in direct proportion as said Index has increased
or decreased from the "base level. " "Base level" for the
purposes of this section shall be the level of the Index
on January 1, 196.7-.
(b) If said Bureau shall revise the said
Index, the parties hereto shall accept the method of
revision of conversion recommended by the said Bureau.
(c ) If said Bureau shall discontinue the
preparation 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 avail-
able which is applicable to said year 1967, then the amount
of each annual payment shall be computed by using the suc-
cessor or most nearly comparable successor index thereto.
An assessment of ten percent ( 100 ) of the annual payment
due hereunder shall be made for each month after the payment
date established hereunder that said payment remains due
and outstanding.
Section 11. The grantee shall not sell, lease,
or assign thi—s 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
Ord. No. 76-366/Page 5
i
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 shall 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 City Council may, upon such
terms and con—ons as it may determine, give grantee
` permission to abandon, without removing, facilities installed
under the franchise. The length of any pipe line or pole
line, abandoned with such permission, shall not be considered
in calculating payments due under the franchise following
the date the Director of Public Works has inspected and
given written approval of the abandonment work to the City
Council. The ownership of all facilities so abandoned
shall thereafter vest in the City.
Section 16 . The grantee shall file with a cor-
porate 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
t filed with the City Clerk within five ( 5) days after the
effective 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 17. 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
Ord. No. 76-366/Page 6
the franchise. Such payments shall be made thirty ( 30)
days after the City furnishes the grantee with a written
statement of such expenses.
Section 18. The grantee shall file a map in
such form as may be required by the Director of Public
Works 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 19. 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 day of
1976.
MAYOR
ATTEST:
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. , was
duly adopted by the City Council of said City at a regular
meeting of said Council, duly and regularly held on the
day of , 1976, and that the same was so passed
and adopted by the following roll call vote:
AYES : COUNCILMEN:
NOES : COUNCILMEN:
ABSENT COUNCILMEN:
City Clerk , City of Carson,
California