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HomeMy Public PortalAbout78-187RESOLUTION NO. 78-187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON DECLARING ITS INTENTION TO GRANT A PIPELINE FRANCHISE TO SOHIO TRANSPORTATION COMPANY OF CALIFORNIA WHEREAS, Sohio Transportation Company of Califor- nia, a California corporation, has filed with the City Council of the City of Carson an application requesting that a franchise, of the character and for the purposes mentioned in the form of notice hereinafter set forth, be granted to it pursuant to the Franchise Act of 1937; 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 Carson Star, a newspaper of general circulation 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 Sohio Transportation Company of California, 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, 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 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, including cathodic protection facilities, and also including appurtenances and equipment for power and communication lines necessary or convenient for the Grantee's business. "If said franchise shall be granted to it, said ' Sohio Transportation Company of California and its assigns, hereinafter designated grantee, will pay annually to said City from the date of granting the franchise the following fees: a. Annual Fee. Two percent (2%) of the gross annual receipts of the franchisee arising from the use, operation, or possession of the franchise. The City REsolution No. 78-187/Page 2 of 3 BD4-10B will reserve the right to change its fees at five (5) year intervals from the effective date of the franchise, following a public hearing, if such action is not in conflict with the law of the State of California. ' b. Base Construction Charges. At the time of installation, relocation, or replacement of any pipeline or other facility covered by the franchise, a base construction charge of $1,500.00 for each one-half mile of pipeline or fractional part thereof installed, replaced or relocated on major streets, and $1,000.00 for each one-half mile installed on minor streets. c. Adjustments. The amount of each payment under paragraph b 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 25 years from and after the date upon which the franchise shall become effective, or until 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 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 Ten Thousand Dollars ($10,000.00), 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 recoverable 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. The Grantee will also be required toile an insurance policy, as specified in Section 6805 of the Carson Municipal Code. -2 "NOTICE IS FURTHER GIVEN, that any and all persons having any objection to the before the -ity granting of Council in said the Council franchise may appear Chambers located at the Carson CWty Hall, 701 E. Carson -2 Resolution No. 78-187/Page 3 of 3 Street, Carson, California, at 6:30 p.m. on October 16 , 1978 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 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 application which is on file in the Office of said City Clerk, and also to the resolution adopted by said City Council on the 19th day of September , 1978, declaring its intention to grant said franchise. DATED: PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carson on the 19th day of September , 1978. r ATTEST: - ' CITY CLERK 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. 78- 187 , was duly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 19th day of September , 1978, and that the same was so passed and adopted by the following roll call vote: AYES: COUNCILMEN: Bridgers, Marbut, Calas and Yamamoto NOES: COUNCILMEN: None ABSENT COUNCILMEN: Smith City erk, ity o Carson, ' California -3-