HomeMy Public PortalAbout99-1185 aSON,
0-4
�Op
ORDINANCE NO. 99-1185
AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA
REGARDING A PUBLIC UTILITY PIPELINE FRANCHISE
GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS:
Section 1. Recitals.
A. On January 24, 1967, the Los Angeles County Board of Supervisors adopted
Ordinance No. 9271 ("the County Franchise Ordinance" herein) granting a fifty-year
pipeline franchise to Southern California Edison Company ("the Franchisee" herein).
Portions of such franchise include territory that now lies within the boundaries of the City
of Carson.
B. On February 20, 1968, the City Council adopted Ordinance No. 1 providing for
the continuation in effect of all Los Angeles County ordinances applicable to or within the
area of the City of Carson.
C. On July 16, 1973, the City Council adopted Ordinance No. 73-264 ("the City
Franchise Ordinance" herein) granting to the Franchisee a fifty-year franchise to
construct, lay, operate, maintain, use, renew, repair, replace, remove, change the size
and number of, and remove or abandon in place a system of pipelines for the purpose
of conducting, transporting, conveying and carrying gas, oil, petroleum, water and other
substances on, along, in, under and across designated public streets, ways, alleys and
places within the City of Carson. The pipelines subject to the City Franchise Ordinance
are distinct from those subject to the County Franchise Ordinance.
D. On March 23, 1999, the City Council adopted Resolution No. 99-030 ("the
Pipeline Location Resolution" herein) authorizing the Franchisee to (i) relocate a 16"
pipeline existing within South Alameda Street; and (ii) install a 24" liquid hydrocarbon
pipeline along Wilmington Avenue. Additionally, the Pipeline Location Resolution
consolidated into a single document the location descriptions for all of the Franchisee's
pipelines within the City of Carson.
E. The Franchisee desires that its entire pipeline system within the City of Carson
be governed by the City Franchise Ordinance and has requested that the City Council
repeal the County Franchise Ordinance. In enacting this Ordinance, the City Council
intends to grant the Franchisee's request so that, vis-a-vis the County Franchise
Ordinance, the Franchisee's entire pipeline system within the City of Carson shall be
subject only to the City Franchise Ordinance.
F. The Franchisee also has requested that the City Council amend Section 6 of
the City Franchise Ordinance to incorporate the franchise fee schedule set forth in
subsections (a) and (b) of Public Utilities Code Section 6231.5, which was enacted
CITY OF CARSON Page 1 of 3 ORDINANCE NO. 99-1185
991129 C13130 00930 Ub 1391388 M
subsequent to the City Franchise Ordinance. In adopting this Ordinance, the City
Council intends to grant the Franchisee's request so that the Franchisee's franchise fee
shall be calculated consistently with such statutory provisions.
Section 2. Cessation of Effectiveness of County Franchise Ordinance. In lieu
of the regulations contained within the County Franchise Ordinance,the Franchisee shall
be subject to and shall comply with the City Franchise Ordinance (Ordinance No. 73-
264) (including provisions governing franchise term) as to the entirety of its pipeline
system within the City of Carson. The County Franchise Ordinance, insofar as such
ordinance regulates the Franchisee's pipeline system within the City of Carson, shall be
of no further force and effect hereafter.
Section 3. Compensation. Notwithstanding Section 6 of the City Franchise
Ordinance (Ordinance No. 73-264), in connection with its pipeline system franchise
within the City of Carson, the Franchisee shall pay to the City of Carson the following
amounts:
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,
commencing with calendar year 2000, according to the "franchise payment
period" as defined in Carson Municipal Code Section 6800 et seq., by
multiplying the pipe length expressed in feet by the applicable base rate as
follows:
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
30 0.660
For pipelines with an internal diameter not listed above, the fees shall be in the
same proportion to the fees of a twelve inch (12") diameter pipe as the
diameter of the unlisted pipe is to twelve inches (12"). The formula used in
arriving at the annual fee shall apply to any existing, replacement, modification
or extension of the pipeline.
CITY OF CARSON Page 2 of 3 ORDINANCE NO. 99-1185
LM991129('1380 00930 tro 1391388 121
Adjustments.
1. The amount of the fee specified above 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).
2. In no event shall an annual fee be charged which is less than the base
annual fee amount established above.
3. The indices specified in paragraph 1 above 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.
Section 4. Compliance with Law. The Franchisee shall comply with all
applicable statutes, regulations and ordinances; provided, however, that the provisions
of Section 3 of this Ordinance shall supersede the provisions of Section 6 of the City
Franchise Ordinance (Ordinance No. 73-264). Except as expressly superseded herein,
the provisions of the City Franchise Ordinance (Ordinance No. 73-264) shall continue
in full force and effect.
Section 5. Acceptance. The Franchisee 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 this4thday of January, 2000•
ATTEST:
n
CITY CLERK
APPROVED AS TO FORM:
l CITY ATTORNEY
CITY OF CARSON Page 3 of 3 ORDINANCE NO. 99-1185
991129 C1380-00930 trb 1391388(2)
Ordinance No. 99-1185/Page 4 of 4
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. 99-1185, passed first reading on December 7, 1999 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 4' day of
January, 2000, and that the same was passed and adopted by the following roll call vote:
I
AYES: COUNCIL MEMBERS: Mayor Fajardo, Calas, Sweeney, Frank, and Ontal
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carson, California