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HomeMy Public PortalAbout75-129RESOLUTION NO. 75-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO FLETCHER OIL CORPORATION WHEREAS, Fletcher Oil Corporation, a California corpora- tion, 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 described in the form of notice hereinafter set forth; that hearing of objections to the granting of said franchise will 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-Dominquez News), a newspaper of general circulation printed and published nearest to the City of Carson, withing 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 Corporation, 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 25 years from and after the date upon which the franchise shall become effective, to construct from time to time and to install, oper- ate, maintain, replace, change the size of, abandon in place and/or remove pipelines for the transportation of oil, gas, gasoline, petroleum, wet gas, hydrocarbon substances, water, waste water, mud, steam and other liquid substances together with all appurtenances and service connections necessary or convenient to properly maintain and operate pipelines, in- cluding cathodic protection facilities, and also including appurtenances 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 Corporation and its assigns, hereinafter designated grantee, will annually pay to said City during the life of said franchise Res. No. 75-129/Page 2 of 4 a sum equal to one cent ($.01) per inch of internal diameter per foot of pipeline and Twenty-five Dollars ($25.00) per mile of pole line installed and maintained in the property covered by this franchise and shall pay an additional construction charge of One Hundred Dollars ($100.00) 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 commondities, 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 25 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 aban- doned by the Grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall pur- chase by voluntary agreement or shall condemn and take under the power of eminent domain all property actually used and useful in the exercise of 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." "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 ($5,000.00), condi- tioned 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 recoverable from the princi- pal 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 IS 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 Tuesday, September 2, 1975, and be heard thereon; and at any time not later than the hour set for hearing objections, any person interested may make written protest stating objections against the granting of said franchise, which protest must be signed by the protestant and be delivered to the City Clerk of said City. The City Res. No. 75-129/Page 3 of 4 Council at the time set for hearing said objections shall proceed to hear and pass upon all protests so made." For further particulars, reference is hereby made to said applica- tion which is on file in the Office of said City Clerk, and also to the resolution adopted by said City Council on the 4th day of August, 1975, declaring its intention to grant said franchise. of the 1975. ATTEST: DATED: August 4, 1975 PASSED, APPROVED, AND ADOPTED by the City Council City of Carson on the 4th day of August rk 0, S t___ CITY CLERK Res. No. 75-129/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 resolution, being Resolution No. 75-129, 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 4th day of August, 1975, and that the some was so passed and adopted by the following vote: AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Colas, Marbut, Smith, Yamamoto and Bridgers None None S CityClerk, City of Carson, Ca fornia