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HomeMy Public PortalAbout75-046RESOLUTION NO. 75-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO FLETCHER OIL COMPANY, A CALIFORNIA CORPORATION. WHEREAS, FLETCHER OIL COMPANY, a California corporation, has filed with the City Council of the City of Carson an application requesting that a franchise be granted to it of the character and for the purposes mentioned in the form of notice hereinafter set forth; and WHEREAS, in the opinion of said City Council the public good requires that said franchise be granted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carson that the said City Council intends to grant said franchise; that the character of said franchise, and the terms and conditions upon which it is proposed to be granted, are des- cribed in the form of notice hereinafter set forth; that hearing of objections to the granting of said franchise�vill be held at the time and place specified in the form of notice hereinafter set forth, which the City Clerk is hereby directed to publish at least once in the Herald - American (formerly known as the Carson -Dominguez News), a newspaper of general cir- culation printed and published nearest to the City of Carson, within 15 days after the passage of this Resolution; and that said notice shall be substantially in the following words and figures: "NOTICE OF INTENTION TO GRANT FRANCHISE" "NOTICE IS HEREBY GIVEN, that Fletcher Oil Company, a California corporation, has filed its application with the City Council of the City of Carson requesting that said City Council grant to it a franchise for a period of 10 years from and after the date upon which the franchise shall become effective, to construct from time to time and to install, operate, maintain, replace, change the size of, abandon in place and/or remove pipelines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon sub- stances, water, waste water, mud, steam and other liquid substances together with all appurtenances and service connections necessary or convenient to properly maintain and operate said pipelines, including cathodic protection facilities, and also including appurte- nances and equipment for power and communication lines necessary or convenient for the Grantee's business, within the public streets, highways, alleys and other public ways or public property now existing or hereinafter dedicated in the City of Carson." "If said franchise shall be granted to it, said Fletcher Oil Company, A California Corporation and its assigns, hereinafter designated grantee, will annually pay to said City during the life of said franchise a sum equal to one cent (1�) per inch of internal diameter per foot of pipeline installed and maintained in the property covered by this franchise and shall pay an additional construction charge of One Hundred Dollars (100) per mile or fraction thereof for the construction and laying of each such pipe or pipeline. PROVIDED, HOWEVER, that the amount of each annual payment shall be revised based upon the increase or decrease in the level of the wholesale price index, all commodities, prepared by the United States Bureau of Labor Statistics. " "The City Council of the City of Carson proposes to grant said franchise for a period of TO years from and after the date upon which the franchise shall become effective, or until with the consent of the Public Utilities Commission of the State of California it is voluntarily surrendered or abandoned by the Grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain all property actually used and useful in the exerciseof such franchise and situated within the territorial limits of the State, municipal, or public corporation purchasing or condemning such property, or until such franchise is forfeited for noncompliance with its terms by Grantee." Res. No. 75-04b/Page-2 of 2 "NOTICE IS FURTHER GIVEN that the Grantee of said franchise shall file a bond, with a corporate surety authorized to conduct a surety business in the State of California, and in a form approved by the City Attorney for the City of Carson, in the penal sum of Five Thousand Dollars ($5,000), conditioned that the grantee shall well and truly observe, fulfill, and perform each term and condition of said franchise and that in case of any breach of condition of said bond, the amount of the penal sum therein named shall be recover- able from the principal and surety upon said bond. Said bond shall be filed with the City Clerk within five (5) days after the effective date of the ordinance granting said franchise; and if said bond is not filed, or if it does not receive the approval of the City Attorney, said franchise may be refused or forfeited and any money paid to the City in connection therewith shall be retained by the City. "NOTICE 1S FURTHER GIVEN, that any and all persons having any objection to the granting of said franchise may appear before the City Council in the Council Chambers located at the Carson City Hall, 21919 South Avalon Boulevard, Carson, California, at 7:30 p.m. on Monday, May 5, 1975, and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may snake written protest stating objections against the granting of said franchise, which protest must be signed by the pro- testant and be delivered to the City Clerk of said City. The City Council at the time set for hearing said objections shall proceed to hear and pass upon all protests so mvide." For further particulars, reference is hereby made to said application which is on file in the office of said City Clerk, and also to the resolution adopted by said City Council on the 7th day of April , 1975, declaring its intention to grant said franchise. PASSED, APPROVED and ADOPTED by the City Council of the City of Carson this 7th day of April , 1975. ATTEST: CITY CLE 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 resolution, being Resolution No. 75-046, was duly and regularly adopted by the City Council of said City at a regularmeetingof said Council, duly and regularly held on the 7th day of April 1975, and that the same was so passed and adopted by the —following vote: AYES: COUNCILMEN: Calas, Marbut, Smith, Yamamoto and Bridgers NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None rty Clerk,- ,City of Carson, Ca ifor is