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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