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HomeMy Public PortalAbout95-1071 ORDINANCE NO. 95-1071 PAGE 1 OF 3 ORDINANCE NO. 95-1071 AN ORDINANCE OF THE CITY OF CARSON GRANTING A PUBLIC UTILITY PIPELINE FRANCHISE TO TEXACO CALIFORNIA PIPELINES, INC. THE CITY COUNC11, OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby grants a franchise to Texaco California Pipelines, Inc. ("Franchisee"), a Delaware corporation, for a period of 25 years from and after the date upon which this franchise shall become effective, to lay or construct from time to time, and to maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, transportation or distribution of crude oil and other liquid substances 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 or pipelines including conduits, cathodic protection devices, wires, cables and other appurtenances necessary or convenient for the exercise of the Franchisee's business as a public utility, in, under, along or across any and all streets within the City of Carson, as approved from time to time by Resolution of the City Council. Said franchise shall be solely for a public utility pipeline system in which the subject pipelines are dedicated to the service of the public. The rates for transportation shall be established pursuant to tariffs filed with the Public Utilities Commission ("Commission") and shall be just, reasonable, and nondiscriminatory. Franchisee's accounts and records are established pursuant to rules and regulations adopted by the Commission and Franchisee has filed an appropriate annual report with the Commission. Section 2. Franchisee shall pay to the City of Carson the following amounts: A. Base Annual Fee. A base annual fee shall be paid within sixty (60) days after the end of each calendar year and during the life of the franchise for each and every year, including the year of granting the franchise, according to the "franchise payment period" as defined in this Chapter, by multiplying the pipe length expressed in feet by the applicable base rate as follows: 950725 C1380-009991]5231583 0 ORDINANCE NO. 95-1071 PAGE 2 OF 3 Pipe Size (Internal) Base Rate Diameter in Inches Per Lineal Foot 0-4 $0.088 6 0.132 8 0.176 10 0.220 12 0.264 14 0.308 16 0.352 18 0.396 20 0.440 22 0.484 24 0.528 26 0.572 28 0.616 3 0 0.660 For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a 12-inch-diameter pipe as the diameter of the unlisted pipe is to 12 inches. The formula used in arriving at the annual fee shall apply to any existing, replacement, modification or extension of the pipeline. B. Adjustments. 1. The amount of the fee provided for in subsection A of this Section, shall be adjusted at the time payment is due by multiplying the base fee by the Consumer Price Index, All Urban Consumers for the Los Angeles- Anaheim-Riverside Area as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for June 30, 1989 (June 30, 1989 = 100.0). 2. In no event shall an annual fee be charged which is less than the base annual fee amount established by subsection A of this Section. 3. The indices specified in paragraph 1 of this subsection B are calculated and published by the United States Department of Labor, Bureau of Labor Statistics. If the Bureau discontinues the calculation or publication of the Consumer Price Index, All Urban Consumers for the Los Angeles- Anaheim-Riverside area (June 30, 1989 = 100), and no transposition table is available to convert to another index, then the amount of each annual adjustment in base fees shall be computed by using a comparable governmental index. - 2 - 950725 01380-0(9991]5231583 0 ORDINANCE NO. 95-1071 PAGE 3 OF 3 Section 3. Texaco California Pipelines, Inc. shall, within thirty (30) days after 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. PASSED, APPROVED and ADOPTED this 3rd day of October , 1995. MA O ATTEST: r 1 L CITY CLERK 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 five; that the foregoing ordinance, being Ordinance No. 95-1071 passed first reading on September 19 , 1995, 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 3rd day of October 1995, and that the same was passed and adopted by the following roll call vote: AYES:COUNCIL MEMBERS: Mayor Mitoma, Galas, O'Neal, and Fajardo NOES:COUNCIL MEMBERS: Olaes ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, Ca ifornia - 3 - 950725 C 1380-09911 5231583 0