The URL can be used to link to this page

Home My Public Portal About87-779 ORDINANCE NO. 87_779 AN ORDINANCE OF THE CITY OF CARSON CONSENTING TO THE ASSIGNMENT AND TRANSFER TO GATX TERMINALS CORPORATION OF A PIPELINE FRANCHISE PREVIOUSLY GRANTED TO CONTINENTAL OIL CORPORATION AND AMENDING ORDINANCE NO. 76-383 THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1 . Pursuant to the provisions of Section 12 of Ordinance No. 76-383, the City Council hereby consents to the assignment and transfer by Continental Oil Corporation to GATX Terminals Corporation of the pipeline franchise, and all ghts and privileges pertaining thereto, heretofore granted by d pursuant to Ordinance No. 76-383. This consent is given upon the express condition that, upon the effective date of this ordinance, this pipeline franchise shall be subject to and governed by the provisions, terms and conditions of Chapter 8 of Article VI of the Carson Municipal Code, as may be amended from time to time; provided, however, that in the event of any conflict or inconsistency between the provisions of Section 11 of Ordinance No. 76-383, as amended in Section 2 hereof, and the provisions of Section 6830 of Chapter 8 of Article VI of the Carson Municipal Code, the provisions of the former shall govern. Section 2 . Section 11 of Ordinance No. 76-383 is amended to read as follows: "Section 11 . GATX Terminals Corporation, as the assignee and transferee of the franchise granted here- Ordinance No. 87-779/Page 2 of 5 under , shall pay to the City, in lawful money of the United States, the following: "A. 1983 Base Annual Fee. A base annual fee shall be paid for calendar year 1983 and for each and every calendar year thereafter during the life of the franchise, in the following amounts : PIPELINES WITH AN INTERNAL AMOUNT PER DIAMETER OF LINEAR FOOT 0-4 inches 23. 2 cents 6 inches 35 . 2 cents 8 inches 47 .1 cents 10 inches 58. 4 cents 12 inches 70 . 3 cents 14 inches 82. 3 cents 16 inches 93 . 5 cents 18 inches $1.055 20 inches $1 .174 22 inches $1 . 287 24 inches $1. 406 26 inches $1 . 526 28 inches $1 . 638 30 inches $1 .758 The base annual rate applicable to pipelines with an internal diameter falling between two ( 2) incremental size categories shall pay a rate determined by adding the price corresponding to the lower size to a figure computed by multiplying the difference between the higher and lower price times the 'multiplier. ' The °multiplier ' will be determined by dividing the difference between the size of the pipe and the lower size category by the difference between the two ( 2) size categories. In determining the number of feet of pipeline upon which the annual fee will be computed, the greatest number of feet of pipeline covered by the franchise during the calendar year for which payment is due will be utilized. The base annual fee shall be paid no later than seventy-five (75) days following -2- 861105 sas 0083WBR1 (2) Ordinance No. 87-779/Page 3 of 5 the end of the calendar year and a penalty at the rate of ten percent ( 10%) per month or fraction thereof beyond the payment date shall be charged, but in no event shall said penalty exceed fifty percent ( 50%) . "The City reserves the right to adjust the base fees established hereunder at any time after the effective date of the ordinance consenting to the assignment and transfer of this franchise to GATX Terminals Corporation, but the base fees may only be changed five ( 5) times during the life of the franchise. The adjustment of base annual fees provided for herein shall be deemed to be one of the five adjustments permitted under this subsection A of Section 11 . "B. Base Construction Charges. The holder of the franchise shall pay at the time of installation, relocation, or replacement of any pipeline or other facility covered by the franchise at any time after January 1, 1984, a base construction charge of two thousand three hundred and fifty dollars ($2, 350) for each 1/2 mile of pipeline or fractional part thereof installed, replaced or relocated on major streets and one thousand five hundred and fifty dollars ($1,550) per 1/2 mile or fractional part thereof, on minor streets. The City reserves the right to change the base fees established hereunder at any time after the effective date of the ordinance consenting to the assignment and transfer of this franchise to GATX Terminals Corporation, but the base fees may only be changed five ( 5) times during the life of the franchise. The adjustment of base construction charges provided for herein shall be deemed to be one -3- 861105 sas 0083WBR1 (2) Ordinance No. 87-779/Page 4 of 5 of the five adjustments permitted under this subsection B of Section 11. "C. Adjustments. The amount of each base fee established under subsections A and B of this Section 11 shall be revised annually in accordance with the provisions of subsection (D) of Section 6830 of Chapter 8 of Article VI of the Carson Municipal Code, as amended by Ordinance No. 83-639 . " Section 3. Sections 3, 41 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, and 18 of Ordinance No. 76-383 are hereby repealed. Section 4. GATX Terminals Corporation shall pay to the City a sum of money sufficient to reimburse it for all ,lication expenses incurred by it in connection with the ignment and transfer of the franchise. Such payment shall be made thirty ( 30) days after the City furnishes GATX Terminals Corporation with a written statement of such expenses . Section 5. GATX Terminals Corporation shall, within t Yty ( 30) days after the passage of this ordinance, file with the City Clerk of the City of Carson a written acceptance of the terms and conditions of this ordinance. -4- 861105 sas 0083WBR1 (2) Ordinance No. 87-779/Page 5 of 5 Section 6. GATX Terminals Corporation shall, within thirty ( 30) days after the effective date of this ordinance, pay to the City of Carson, without the imposition of any penalties, all fees which may be due and owing to the City as calculated in accordance with the provisions of Section 2 of this ordinance. PASSED, APPROVED and ADOPTED this 2nd day of February 1.987 . MAYOR ATTEST: TY CLt9K P7� APPROVED AS TO FORM: CITY ATTORNEY 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 four; that the foregoing ordinance, being Ordinance No. 87-779 passed first reading on February 17, 1987, 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 2nd day, of February , 19 87 , and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Calas, De Witt, and Mills NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Muise City Clerk, City of Cars n, California -5- 861105 sas 0083WBR1 (2)