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
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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.
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"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
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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
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