HomeMy Public PortalAbout97-1110 ORDINANCE NO. 97-1110
AN ORDINANCE OF THE CITY OF CARSON GRANTING A
PIPELINE FRANCHISE TO XL OPERATING COMPANY
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
Section 1 . Ordinance No. 82-610 is hereby repealed in
its entirety. This Ordinance supersedes the franchise granted to
Xtra Energy Corporation in Ordinance No. 82-610.
Section 2. The City Council hereby grants a franchise
to XL Operating Company, a Texas 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 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.
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Ordinance No. 97-1110, Page 2 of 5
Section 3 . 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
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
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Ordinance No. 97-1110, Page 3 of 5
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
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%) .
The base franchise fee for each year after
franchisee acquired pipelines prior to the effective
date of this ordinance shall be paid to the City on or
before April 18, 1997 . Said fee shall be calculated
based on the semi-annual fee rates set forth in this
ordinance. A penalty shall accrue at the rate of ten
percent (10%) per month or fraction thereof beyond the
payment due date, 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
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Ordinance No. 97-1110, Page 4 of 5
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
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.
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Ordinance No. 91-1110, Page 5 of 5
Section 4. XL Operating Company 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.
PASSED, APPROVED, AND ADOPTED this 1st day of
April , 1997.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
1, 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. 97-1110
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 1st 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
City Clerk, City of Carson, alifomia
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