HomeMy Public PortalAbout97-1109 ORDINANCE NO. 97-1109
AN ORDINANCE OF THE CITY OF CARSON GRANTING A
PIPELINE FRANCHISE TO DOMINGUEZ ENERGY,LP
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1 . The City Council hereby grants a franchise
to Dominguez Energy, LP 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
oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances,
water, waste water, mud, steam 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, in, under, along or across any and
all streets within the City of Carson, approved from time to time
by Resolution of the City Council, which specifically designates
the route of said pipes or pipelines.
Section 2 . Franchisee shall pay to the City of Carson
the following amounts:
A. Base Franchise Fee. A base franchise fee for
the pipeline area occupied by the pipelines at an
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Ordinance No. 97-1109, Page 2 of 5
annual rate of one dollar and sixty-eight cents ($1. 68)
per cubic foot. The franchise fee shall be due and
payable semi-annually, at the end of each "franchise
payment period", as defined in the Carson Municipal
Code, during the life of the franchise, including the
year of granting the franchise. said franchise fee
shall accrue at the end of each semi-annual period for
the pipeline area occupied by the greatest number of
feet of pipeline covered by the franchise during the
franchise payment period. For purposes of this
subsection 2A, the pipeline area occupied by a pipeline
or conduit including protective covering, pipe
connections, cathodic protection facilities, pipe
casings and other minor appurtenances shall be taken as
equivalent to the volume occupied by a cylinder of
equal length having a diameter of one inch (for metal
pipe) or two inches (for plastic pipe) greater than the
nominal internal diameter of the pipe or conduit but in
no case with an equivalent cylinder diameter less than
four inches (411) , and the payment rate therefor shall
be computed to the nearest tenth of a cent per lineal
foot of pipe. Pipeline area occupied by any
appurtenances such as manholes or vaults shall be
computed from the outside dimensions of the structure.
The semi-annual fee shall be paid no later than January
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Ordinance No. 97-1109, Page 3 of 5
1st and July 1st of each calendar year. A penalty at
the rate of ten percent (10%) per month or fraction
thereof beyond thirty (30) days after the payment due
date shall be charged, but in no event shall said
penalty exceed fifty percent (50%) .
B. Base Construction Charges. At the time of
commencement of installation, relocation, or
replacement of any pipeline or other facility covered
by the franchise, a base construction charge of $3 ,384
for each one-half (1/2) mile of trench, or fractional
part thereof, of pipeline installed, replaced or
relocated in major streets, and $2 , 232 for each
one-half (1/2) mile of trench or fractional part
thereof installed, replaced or relocated in minor
streets, or the City's actual inspection costs,
whichever is greater.
C. Base Granting Fee. A base granting fee of
$1, 600 for pipelines with a total length less than 1/4
mile or $7,500 for pipelines with a total length of 1/4
mile or more.
D. Adjustments. The amount of each fee or charge
provided for in paragraphs A, B and C shall be adjusted
at the time payment is due by the percentage change in
the Consumer Price Index published by the Bureau of
Labor Statistics, for the Los Angeles-Anaheim-Riverside
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Ordinance No. 97-1109, Page 4 of 5
area ( 1982-84=100) , All Urban Consumers, for the period
July 1 , 1991 to the date which is sixty (60) days prior
to the due date of the fee. If said Index should be
discontinued, the most comparable successor
Governmental index shall be used.
E. Modifications. In addition to the adjustments
referenced in paragraph D, above, the City reserves the
right to adjust the base fees established hereunder at
any time after the effective date of this ordinance.
Notwithstanding the foregoing, the City may not adjust
said fees pursuant to this paragraph E more than five
times during the life of this franchise.
Section 3 . Dominguez Energy, LP shall, within thirty
(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.
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Ordinance No. 97-1109, Page 5 of 5
PASSED, APPROVED, AND ADOPTED this 1st day of
April, 1997 .
MAYOR
ATTEST:
CITY CLER _Lg
APPROVED AS TO FORM:
CITY A4TORNEY
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 is five; that the foregoing ordinance, being Ordinance No. 97-1109
passed first reading on March 18, 1997, 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 1 st day of April• 1997, and that the same was
passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Fajardo, Calas, Olaes, O'Neal and Sweeney
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
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5 - City Clerk, City of Ca son, Ca Pornia