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HomeMy Public PortalAboutOrdinance 291291 ORDINANCE NO. t� AN ORDINANCE GRANTING FOUR CORNERS PIPE LINE COMPANY, A CORPORATION, A FRANCHISE FOR THE RIGHT TO CONSTRUCT, MAINTAIN, AND OPERATE A SYSTEM OF PIPELINES FOR THE TRANSPORTATION OF OIL, GAS, AND OTHER SUBSTANCES IN AND ACROSS PUBLIC HIGHWAYS IN THE CITY OF BEAJJMONT. The City Council of the City of Beaumont do ordain as follows: SECTION 1. The right, privilege and franchise is hereby granted to the Four Corners Pipe Line Company, a corporation, from time to time to construct, maintain, operate, repair, renew, and remove or abandon in place, pipe lines for the transportar- tion of petroleum, liquid hydrocarbon substances, gas, natural gasoline, water, waste water, mud, steam and other liquid and gaseous substances, together with all manholes, service connections and appurtenances necessary or convenient for the operation of said pipe lines necessary or convenient for applicant's business and the operation of said pipe lines, for the term of forty (40) years from and after the date when this franchise shall become effective, in, under, along and across any and all public highways, streets, alleys and other public places, now or hereafter dedicated to the City of Beaumont for public use in the incorporated portions of the City of Beaumont. SECTION 2. (a) The word "Grantee" wherever used herein shall mean and include Grantee and its successors and assigns. (b) The word "City" wherever used herein shall mean the City of Beaumont. (c) "Public highway" wherever used herein shall mean and include public highways, streets, alleys and other public places, now or hereafter dedicated to the City of Beaumont for public use. (d) The words "franchise property" as used herein shall mean all property constructed, installed, operated or maintained in any public highway, street, alley or other public place pursuant to any right or privilege granted by this franchise. 1. SECTION 3. This franchise and privilege is granted and shall be held and enjoyed only upon the provisions and conditions prescribed by law and those contained in this ordinance. The grantee, must, within thirty (30) days after the passage of this Ordinance, file with the City Clerk of the City of Beaumont, a written acceptance of the terms and conditions of this Ordinance. SECTION 3a. Franchise property shall be constructed and installed only at such locations as shall be approved by the City Engineer of the City of Beaumont, acting in the exercise of a reasonable discretion. .SECTION 4. All franchise property to be constructed and operated under this franchise shall be built and constructed in a good and workmanlike manner and of good material, and any and all pipe lines laid, located, or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, alleys, highways and other plublic places by the traveling public or for public purposes. In constructing, installing and maintaining the franchise property and communication and power system, the Grantee shall make and backfill all excavations in such manner and way as to leave the surface of the public street, alley, highway or public place in as good condition as it was prior to said excavation, as well as to conform to the statutes of the State of California and the ordinances of the City of Beaumont, as they now exist or may hereafter be amended with respect to the securing of °ermits and excavation, filling and obstruction of City highways. SECTION 5. Whenever any portion of the territory covered by this fran- chise shall be annexed to, or otherwise become a part of any municipal corp- oration, or of any other county, or of any other political subdivision of the State of California, the rights reserved under this franchise to the City of Beaumont, or any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers. SECTION 6. Grantee shall not sell, transfer or assign this franchise or any of the rights or privileges granted hereby without the consent of the City Council, nor shall this frnachise or rights or privileges be sold, transferred or assigned except by a duly executed instrument in writing, filed in the office of the City Clerk of the City of Beaumont; and provided, further, that nothing in this franchise shall be 2. construed to grant to said Grantee, any right to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid. SEjCTION 7. The City of Beaumont reserves the right to improve any highway, street, alley or other public place or portion thereof over and within which this fran-- chise is granted, including the widening, nhauee of grade, construction or reconstruction of such highway, street, alley, or other public places or any portion thereof, and there is further reserved to the City of Beaumont and any political subdivision or district within the City of Beaumont the right to construct, reconstruct, install, repair and maintain in any such highway, street, alley or other public place, or portion thereof, any public improvement. If notice in writing is given to the Grantee thirty (30) days in advance of the fact that work is to be done pursuant to any right reserved above in this section, specifying the general nature of the work and the area in which the same is to be peps formed, then the Grantee shall do all things necessary to protect its franchise property during the progress of such work, and if ordered by the City Council of the City of Beaumont, the Grantee shall temporarily disconnect or temporarily remove or shall relocate its franchise property within the highway, street, alley or other public place to such extent, in such manner, and for such period as shall be necessary to permit the performance of such work in an economical manner, and in accordance with the generalltiy recognized engineering and construction methods, and to permit the maintenance, operation and use of such public improvement or of the highway, street, alley or other public place, as so improved. A1]. of such things to be done and work to be performed by the Grantee shall be at the sole cost and expense of the Grantee. In the event that the City of Beaumont or any political subdivision or district within the City of Beaumont shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any highway, street, alley or other public place in which the Grantee's franchise property is located, and in the event that the cost of such work as may reasonably be required is increased in order to provide for 3. the installation, maintenance or operation of Grantee's franchise property in or on the area covered by or underlain by said bridge or other artificial support, then the Grantee shall pay to the City or such political subdivision or district doing such work the full amount of such increase of Dost, upon completion of such construction, instal— lation or repair. Any damage done directly or indirectly to any public street, highway, alley or other public place or public improvement by the Grantee, in exercising directly or indireotly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by said Grantee, at its sole cost and expense, to the complete satisfaction of the City. SECTION 8. If the grantee shall fail to comply or to commence and diligently proceed toward oomplianee with any instructions of the City Council or City Clerk with respect to the location of any of said franchise property or the repair of any damage to highways, streets, alleys or other public places or any public improvement with thirty days after the service of written notice upon the Grantee requiring compliance therewith, then the City Council may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost by the acceptance of this franchise, the Grantee emu pay upon demand. SECTION 9. The Grantee shall hold the City of Beaumont, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of the acts or omissions of the Grantee, its agents or employees in the performance of any work authorized hereunder. SECTION 10. The Grantee shall, during the life of this franchise, pay to the City of Beaumont, in lawful money of the United States and in the manner provided by law, two per cent (2%) of the gross annual receipts of the Grantee arising from the use, operation or possession of this franchise within the City of Beaumont. The Grantee shall file with the City Clerk of the City of Beaumont, within three (3) months after the expiration of the calendar year, or fractional calendar year, 4. following the effective date of this ordinance granting this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year, or such fractional calendar year, arising from the use, operation or possession of this franchise within the City of Beaumont, and within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Clerk of the City of Beaumont, in lawful money of the United States, the aforesaid two per cent (2%) of its gross receipts arising from the use, operation or possession of this franchise during said preceding calendar year, or such fractional calendar year. Any neglect, omission or refusal of said Grantee to file said verified statement, or to pay said percentage, at the time or in the manner hereinbefore pro— vided, which neglect, omission or refusal shall continue for more than thirty (30) days following notice thereof to Grantee by the City, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder. SECTION 11. Any neglect, failure or refusal to comply with any of the con.- ditio.ns of this franchise, which neglect, failure or refusal shall, continue for more than thirty (30) days following notice thereof to Grantee by the City, shall work a forfeiture hereof, and the said City, by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of the public streets, alleys, highways and public places of said City under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect. SECTION 12. The Grantee, during the life of this franchise, shall, keep on file with the City Council and maintain in good standing a bond running to the City of Beaumont, with at least two good and sufficient sureties approved by the City Council or a duly qualified corporate surety, in the penal sum of One Thousand Dollars ($1,000.00), and conditioned that such Grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise, and that in case of any breach of condition 5. of such bond, the whole amount of the penal sum therein named shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed by the Grantee with the City of Beaumont within five (5) days from the date of this franchise. SECTION 13. The provisions of this franchise and all rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. SECTION 14. The City Clerk shall certify to the adoption of this ordinance and shall, before the expiration of fifteen (15) days after the passage thereof, cause the same to be published once, with the names of the members of the City Council voting for and against the same, in The Beaumont Gazette , a newspaper of general circulation, printed and published in the City of Beaumont. ATTEST: City Clerk of the City of Beaumont County of Riverside, State of California 6. .A.Coverdale Mayor of the City of Beaumont, County of Riverside, State of California STATE OF CALIFORNIA COUNTY OF RIVERSIDE City Clerk of the City of Beaumont, Riverside County, California, do hereby certify that at a regular meeting of the City Council held on the 30th. day of October , 195.2_, the foregoing Ordinance containing fourteen (14) sections, was considered section by section, and that the said Ordinance was then passed and adopted as a whole by the following votes AYES: COUNCII4EN Nunez, Ward, Carman and Coverdale. NOESs COUNO] aN None. ABSENTs COUNCnam Councilman fridges. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Beaumont, County of Riverside, State of California, this 30th. day of October , 1952_, City Clerk of the City of Beaumont County of Riverside, State of California 7.