HomeMy Public PortalAboutOrd. 1600ORDINANCE NO. 1600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING
A NONEXCLUSIVE FRANCHISE TO EXXONMOBIL OIL CORPORATION TO
OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF
OIL AND GAS UNDER CERTAIN PUBLIC WAYS AND PUBLIC PLACES IN THE
CITY OF LYNWOOD; SETTING FORTH CONDITIONS ACCOMPANYING A GRANT
OF NONEXCLUSIVE FRANCHISE; PROVIDING FOR AMOUNT AND METHOD OF
PAYMENT BY FRANCHISEE FOR THE PRIVILEGE GRANTED, AND PROVIDING
FOR THE TERM OF THE NONEXCLUSIVE FRANCHISE.
WHEREAS, ExxonMobil Oil Corporation has applied for a nonexclusive
Franchise to operate and maintain a pipeline system for the transportation of oil and gas
under certain public ways and public places in the City of Lynwood; and
WHEREAS, the City ordinances authorize the City to grant nonexclusive
Franchises;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
PART A. GENERAL PROVISIONS AND DEFINITIONS
SECTION 1. TITLE
This ordinance shall be known and may be cited as the "ExxonMobil Oil Corporation
Franchise Ordinance."
SECTION 2. DEFINITIONS
For the purpose of this Ordinance, the following terms, phrases, words and their
derivations have the meaning set forth below. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number
include the singular number, and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
a. City means the City of Lynwood.
b. Council means the City Council of the City of Lynwood.
c. Code means the Municipal Code of the City of Lynwood, as amended from time to
time.
d. Department means the Department of Public Works of the City of Lynwood.
e. Director means Director of Public Works of the City of Lynwood.
f. Facilities or Appurtenances means all property of the Franchisee, including, but not
limited to, pipelines, pump stations, and service connections to the Franchisee's
Facilities, whether or not installed by the Franchisee, which are erected, constructed,
laid, operated or maintained in, upon, over, under, along or across any street in
accordance with any right or privilege granted by the Franchise.
g. Franchise means the privilege granted by the City of Lynwood to construct, operate
and maintain oil and gas pipelines under the streets, alleys, public ways and public
places now laid out or dedicated, and all extensions thereof, and additions thereto,
to the City of Lynwood.
h. Franchisee means ExxonMobil Oil Corporation.
i. Franchise payment period means the time period between the effective date of the
ordinance granting the franchise and June 30 or December 31 of the same calendar
year, whichever first occurs; and the period between January 1 and June 30, and
July 1 and December 31 of each successive calendar year during the term of the
franchise.
j. Main means any pipeline or conduit laid in, along, or approximately parallel with any
street for the collection, transmission or distribution of any substance or commodity.
k. Major Street means any street or portion of a street designated as a major
secondary highway in the Circulation Element of the General Plan.
I. Minor Street means any street or portion of a street other than one designated as a
major secondary highway in the Circulation Element of the General Plan.
m. Person means any individual, firm, partnership, association, corporation, company,
or organization of any kind.
n. Service Connection means the wire, pipes, or conduits which connect the building or
place where the service or commodity supplied by the Franchisee is used or
delivered, or is made available for use or delivery, with the supply line or supply
main in the street or with the supply line or supply main on private property.
o. Street means any road, highway, alley, land, or court or other public easement or
public place, and the space above and below it, which now or hereafter exists in the
City and with respect to which the City has the authority to grant a Franchise.
SECTION 3. GRANT OF NON - EXCLUSIVE FRANCHISE
a. The privilege and Franchise is hereby granted to Franchisee, to operate and
maintain oil and gas pipelines (Facilities) under the streets, alleys, public ways and
public places now laid out or dedicated, and all extensions thereof, and additions
thereto, to the City of Lynwood, and more particularly described as follows:
A 12 -inch pipeline beginning at the southerly boundary line of the City of Lynwood,
said point being 225.12 feet northerly of Dixon Avenue and 9.3 feet westerly of
centerline Alameda Street East; thence continuing northerly along Alameda Street
East ±3,708.41 feet to a point on centerline of Fernwood Avenue North, said point
5.25 feet westerly of the centerline of Alameda Street East; thence continuing
northerly along Alameda Street East ±360.48 feet to a point 11.11 feet westerly of
the centerline of Alameda Street East and 35.47 feet northerly of the centerline of
112th Street; thence northerly along Alameda Street East ±1,610.23 feet to a point
11.5 feet westerly of centerline of Alameda Street East and 188.18 feet northerly of
centerline of 108th Street; thence continuing northerly along Alameda Street East
±434.31 feet to a point being 10.15 feet westerly of centerline of Alameda Street
East and 280.22 feet northerly of Martin Luther King Jr. Boulevard and formally
Century Boulevard; thence continuing northerly along Alameda Street East ±411.70
feet to the northerly boundary line of Lynwood, said point being and 9.3 feet westerly
of centerline of Alameda Street East; a total distance within the City of Lynwood of
±6,525.13 more or less all of which is 12 -inch pipeline.
b. The right to use and occupy said streets, alleys, public ways and public places of the
purpose set forth, shall not be exclusive, and the City reserves the right to grant a
similar use of such streets, alleys, public ways and public places, to any person at
any time during the period of the Franchise.
c. The Franchise is granted subject to all of the terms and conditions contained in this
Ordinance and in Chapter 17 of the City of Lynwood Municipal Code. If this
Ordinance specifies terms and conditions that augment, modify, or waive the terms
and conditions set forth in Chapter 17 of the City of Lynwood Municipal Code, the
provisions of this Ordinance will be deemed to be controlling.
SECTION 4. TERM
The term of the Franchise shall be for a period of fifteen (15) years commencing thirty
(30) days after the adoption of this Ordinance.
SECTION 5. ACCEPTANCE OF FRANCHISE
Within thirty (30) days after the Council's adoption of this Ordinance granting the
Franchise, the Franchisee must file with the Director, its written acceptance of the terms
and conditions of this ordinance.
SECTION 6. MAPS
Within ninety (90) days after the date on which any Facilities or Appurtenances have
been laid, removed or abandoned under the Franchise, the Franchisee must file with
the Department a map or maps accurately showing the "as built" location, depth, and
size of those Facilities or Appurtenances.
SECTION 7. INSURANCE
On or before the effective date of this Ordinance granting the Franchise, the Franchisee
must provide satisfactory evidence of having obtained policies of comprehensive
general liability and workers' compensation insurance from companies authorized to
transact business as insurers in the State of California.
a. The policy of comprehensive general liability insurance must:
1. Be issued to the Franchisee and name the City, its officers, agents, and
employees, as additional insureds.
2. Indemnify the City against all liability for personal and bodily injury, death, and
damage to property arising from activities conducted pursuant to the Franchise
and provide for the following:
Coverage for negligent acts or omissions of the Franchisee, its agents,
servants and employees, committed in the conduct of Franchise operations;
ii. A combined single -limit liability insurance coverage in the amount of ten million
dollars ($10,000,000.00); and
iii. No cancellation without thirty (30) days' prior written notice of cancellation to
the Director.
b. The policy of workers' compensation insurance must:
Be in a form and substance previously approved by the California Insurance
Commissioner.
2. Cover all employees of Franchisee who will be employed or do work related to
the Franchise operations.
3. Provide for every benefit and payment required by the California Labor Code,
including, but not limited to, vocational rehabilitation and death benefits.
4. Be non - cancelable without thirty (30) days' prior written notice of cancellation to
the Director.
c. Franchisee must file with the Director, prior to commencement of any Franchise
operations, either:
1. Certified copies of the required insurance policies; or
2. A certificate of insurance for each of the required policies, executed by the
insurer issuing the policy, and containing the following information with respect to
each policy:
i. The policy number.
ii. The date upon which the policy will become effective and the date upon which it
will expire.
iii. The name of the insured and of any additional insureds.
iv. The type and limits of coverage provided by the policy.
v. A description of all endorsements that form a part of the policy.
d. Environmental Pollution Coverage, including Contractors Pollution Liability with
minimum limits of five million dollars ($5,000,000) per claim, or ten million dollars
($10,000,000) per claim if an aggregate policy is provided, insuring against all
liabilities related to environmental pollution and damage, including, but not limited
to, all such liabilities for which Franchisee would be liable pursuant to the
Franchise.
e. Automobile liability insurance against claims and liability for personal injury, death,
or property damage arising from the use, construction, or maintenance of the
Franchise, providing protection in an amount no less than Two Million Dollars
($2,000,000.00) per occurrence for personal injury, death and property damage.
Said policy shall be carried only by a financially sound insurance company
admitted and licensed to do business in the State of California and which is rated
A.VII or better according to the most recent A.M. Best Co. Rating Guide.
f. No Franchise operations may commence until Franchisee has complied with the
provisions of this Section, and all Franchise operations will be suspended during
any period that Franchisee fails to keep in effect the required insurance policies.
For commencement of the Franchise or any subsequent transfer of the Franchise or
any portion thereof, Franchisee shall furnish City with original endorsements, or copies
of each required policy, effecting and evidencing the insurance coverage required by
the Franchise. Notwithstanding the above, and subject to approval by City,
Franchisee may provide a program of self- insurance. Any self- insurance program
maintained by Franchisee shall comply with the provisions and the specified limits
contained herein. Franchisee may effect for its own account any insurance not
required under this Ordinance. Franchisee shall provide each year for the duration of
the Franchise, written notification to the City of its intent to self- insure.
Franchisee shall furnish evidence of all insurance policies required by this Ordinance.
City reserves the right to require Franchisee to deliver to City copies and
endorsements of all insurance policies required by this Ordinance, together with
evidence reasonably satisfactory to City of payment required for procurement and
maintenance of the policy, with the following time limits:
For insurance required at the commencement of the Franchise or any
subsequent transfer of the Franchise or any portion thereof, within ten (10) days
after the Franchise or any subsequent transfer of the Franchise or any portion
thereof becomes effective;
For insurance becoming required at a later date, at least (10) days before the
requirement takes effect, or as soon thereafter as the requirement, if new, takes
effect;
For any renewal or replacement of a policy already in existence, at least thirty
(30) days before expiration or other termination of the existing policy.
If Franchisee fails or refuses to procure or maintain insurance as required by
this Ordinance or fails or refuses to furnish City with required proof that the
insurance has been procured and is in force and paid for, City shall have the
right at City's election and on ten (10) days notice, to declare the Franchise as a
forfeiture.
SECTION 8. FAITHFUL PERFORMANCE BOND
On or before the effective date of this Ordinance, Franchisee must file with the Director
a corporate surety bond, approved as to form by the City Attorney, in the penal sum of
one hundred thousand dollars ($100,000.00). This bond must be issued by an
admitted surety insurer approved by the Director, and provide that Franchisee will
perform each condition of the Franchise and that, upon any breach of condition of the
bond, the whole amount of the penal sum will be deemed to be liquidated damages
and will be recoverable from the principal and sureties on the bond. If this bond is not
filed before the effective date of this Ordinance, the award of the Franchise may be set
aside and this Ordinance may be repealed. If these actions are taken by the Council,
any money paid in consideration for the award of the Franchise will be forfeited. If the
bond, after it has been filed, becomes insufficient at any time during the term of the
Franchise, the Franchisee must obtain a new bond, in a form approved by the City
Attorney, within ten (10) days after written notice to do so is given by the Director.
SECTION 9. FORFEITURE
The Franchisee must comply with all conditions contained in this Ordinance, including
those conditions contained in the City of Lynwood Municipal Code which are
incorporated by reference in this Ordinance. Any neglect, failure or refusal by the
Franchisee to comply with any conditions of this Ordinance will constitute grounds for
suspension or forfeiture of the Franchise. Before any suspension or forfeiture of the
Franchise, the City must give to the Franchisee not less than thirty (30) days' written
notice of any default. If the Franchisee does not, within the noticed period, commence
the work of compliance or, after commencing, does not prosecute the work with due
diligence to completion, the Council may hold a hearing. Notice of the hearing must be
given to the Franchisee by certified mail not less than ten (10) days before the hearing.
At that hearing the Franchisee has the right to appear and be heard, and the Council
may then determine whether the conditions are material to the operation of the
Franchise and whether the Franchisee is in default of those conditions. The Council
may, in its discretion, declare the Franchise suspended or forfeited.
SECTION 10. STATE HIGHWAYS
a. If any street or portion of a street becomes a State highway, the State will succeed
to all rights reserved to the City by the Franchise, except for the right to continue to
collect the Franchise payments and such other rights as by law may remain with the
City.
b. This Section applies to any street or portion of a street which becomes a State
highway and in which the Franchisee maintains its Facilities under the authorization
of the Franchise at the time that street or portion of it becomes a State highway.
SECTION 11. EMINENT DOMAIN
No franchise granted by the City affects the right of the City or any successor in
authority to acquire the property of the Franchisee by purchase or condemnation, and
nothing contained in this Ordinance may be construed to contract away, modify, or
abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to
any public utility.
SECTION 12. ADMINISTRATIVE COSTS
The Franchisee must pay to the City, within thirty (30) days after receiving an itemized
statement, all administrative and advertising costs associated with the preparation and
advertising of this Ordinance.
SECTION 13. ASSIGNMENT
The Franchisee may not transfer or assign the Franchise or any part of it, except with
the consent of the Council. A transfer or assignment may be made only after filing with
the Council a copy of the executed instrument of transfer or assignment and a written
request for the consent of the Council to that transfer or assignment. If that executed
instrument and written request are not filed with the Council within thirty (30) days prior
to the effective date of the proposed transfer or assignment, then the Franchise is
subject to forfeiture and the Council may, without notice, adopt an ordinance repealing
this Ordinance. In consenting to the proposed transfer or assignment, the Council may,
by ordinance, impose any additional terms and conditions upon the Franchise, and
upon the transferee or assignee, which the Council deems to be in the public interest.
The Franchisee has no right to transfer or assign the Franchise, in whole or in part,
except in the manner specified in this Section. This Section applies to any assignment,
whether by operation of law, by voluntary act of the Franchisee, or otherwise.
SECTION 14. PRIOR FRANCHISES
All Facilities erected, constructed, laid, operated, or maintained by the Franchisee in the
streets or other areas described in this Ordinance granting the Franchise, whether or
not originally installed by the Franchisee, and which are in existence prior to the
effective date of this Ordinance, are subject to all terms and conditions of this Ordinance
upon its effective date. This Section does not apply to Facilities which have been
constructed, laid, operated, or maintained under a prior right which did not involve the
issuance of a franchise.
SECTION 15. DELEGATION OF AUTHORITY /DUTIES
Wherever, in this Ordinance, a power is granted to or a duty is imposed upon a public
officer or employee, the power may be exercised or the duty may be performed by a
deputy of that officer or employee or by a person otherwise duly authorized pursuant to
statute or ordinance.
SECTION 16. INDEMNITY AND HOLD HARMLESS
The Franchisee shall indemnify, defend, and hold harmless the City, its officers, agents,
and employees, from and against all damages and liability arising from the use,
operation, or possession of the Franchise, and from the use, operation, and
maintenance of all Facilities erected, constructed, laid, operated or maintained under
the Franchise.
Franchisee will not be liable to City for any damages resulting from or arising out of the
negligent or willful acts, errors, or omissions of the City, its employees and /or authorized
representatives.
SECTION 17. CONFLICTING IMPROVEMENTS
If the City or any other authorized public entity constructs or maintains any storm drain,
sewer structure, or other facility or improvement under or across any Facility of the
Franchisee which is maintained in accordance with this Ordinance, the Franchisee must
provide, at no expense to the City or other public entity, such support as is reasonably
required for the support, maintenance and protection of that facility or improvement.
SECTION 18. RELOCATION
In connection with any City work or improvement specified in Section 35 of this
Ordinance, if the Franchisee, after reasonable notice, fails or refuses to relocate,
permanently or temporarily, its Facilities that are located in, on, upon, along, under,
over, across, or above any street, or to pave, surface, grade, repave, resurface, or re-
grade a street as required under any provision of the Franchise, then the City may
cause that work to be done. The City must keep an itemized account of the entire cost
of that work, and the Franchisee must reimburse the City for that cost within thirty (30)
days after its receipt of an itemized account of that cost. The Franchisee is obligated to
indemnify, defend, and hold harmless the City, its officers, agents, and employees, in
accord with Section 16 of this Ordinance, from any liability which arises or is claimed to
arise from the moving, cutting, or alteration of any of the Franchisee's Facilities, or the
turning on or off of water, oil, or other liquid, or of gas or electricity.
SECTION 19. DAMAGE CAUSED BY DEFECTIVE FACILITIES
If any portion of a street is damaged as a result of defective Facilities laid or constructed
under the Franchise, the Franchisee must, at its sole expense, repair that damage and
restore the street to the condition existing before the damage was incurred, all to the
satisfaction of the City. If the Franchisee, within ten (10) days after receipt of written
notice from the City instructing it to repair the damage, fails to commence compliance
with those instructions, or, after commencing compliance, fails to prosecute diligently
the work to completion, then the City may immediately undertake whatever work is
necessary to carry out those instructions. That work will be at the cost and expense of
the Franchisee. By the acceptance of the Franchise, the Franchisee agrees to pay that
cost and expense upon demand. If the damage creates an immediate danger to the
public health or safety requiring immediate repair, the City may, without notice, repair
that damage, and the Franchisee must pay the reasonable cost of that repair upon
demand.
SECTION 20. HAZARDOUS SUBSTANCES
Prior to the issuance of any excavation permit for the construction or installation of a
new pipeline for the transportation of a hazardous substance in a gaseous state, or for
the transportation of hazardous liquid substances or highly volatile liquid substances,
the following conditions must be satisfied, as applicable:
a. With regard to pipelines for the transportation of a hazardous substance in a
gaseous state, approval must be obtained from the Los Angeles County Fire
Department — Petrochemical Unit. This approval will be based upon a
determination that no undue fire hazard will threaten life or property in any areas of
the City where the proposed pipeline will be located. In making this determination,
the Los Angeles County Fire Department — Petrochemical Unit must consider and
report upon the following:
The type of substance in a gaseous state that is to be transported in the
pipeline.
2. The density of population or structural development in the areas of the City
where the pipeline will be located.
3. The adequacy of water supplies for fire suppression purposes.
4. The availability of public fire protection facilities.
5. The number and location of shut -off valves in the pipeline.
b. With regard to pipelines for the transportation of hazardous liquid substances or
highly volatile substances, including hydrocarbon substances, the Franchisee
must, unless preempted by paramount State or Federal law, submit to the Director
copies of documents previously submitted to the State Fire Marshal evidencing the
following:
That the new pipeline is designed to accommodate the passage of
instrumented inspection devices, and has leak mitigation and emergency
response plans and equipment as may be required by the State Fire Marshal,
as provided for in section 51013(b) of the California Government Code.
2. That the newly constructed pipeline will be tested in accordance with subpart
E (commencing with section 195.300) of part 195 of title 49 of the Code of
Federal Regulations, as provided for in section 51013.5(a) of the California
Government Code.
3. That the Franchisee will notify the State Fire Marshal and the Los Angeles
County Fire Department — Petrochemical Unit at least three (3) working days
prior to conducting a hydrostatic test required by the Elder California Pipeline
Safety Act of 1981 (Government Code §51010 et seq.), as provided for in
section 51014.3 of the California Government Code.
4. That the Franchisee will provide to the Los Angeles County Fire Department —
Petrochemical Unit, a map or suitable diagram showing the location of the
pipeline, a description of all products to be transported within the pipeline, and
a contingency plan for pipeline emergencies that includes, without limitation,
any reasonable information that the State Fire Marshal may require, as
provided for in section 51015(a) of the California Government Code.
5. That the Franchisee will be available to meet with the Los Angeles County
Fire Department — Petrochemical Unit, at least once each calendar year to
discuss and review contingency plans for pipeline emergencies, as provided
for in section 51015(c) of the California Government Code.
6. That, with regard to any portion of the proposed pipeline that is within five
hundred feet (500') of any rail line in the City, the Franchisee will be in
compliance with all applicable regulations adopted by the State Fire Marshal
governing the construction, testing, operations, periodic inspection, and
emergency operations of intrastate hazardous liquid pipelines, as provided for
in section 51015.2 of the California Government Code.
7. That the Franchisee will comply with all applicable regulations of the State
Fire Marshal that establish procedures for maintaining, testing, and inspecting
mainline valves and check valves on the intrastate hazardous liquid pipeline,
as provided for in section 51015.4 of the California Government Code.
8. That the Franchises will be in compliance with all applicable guidelines and
regulations of the State Fire Marshal relating to the spacing of valves on new
pipelines so as to limit spillage from surrounding higher ground into standard
metropolitan statistical areas and environmentally sensitive areas, as
provided for in section 51016 of the California Government Code.
9. That the Franchisee will immediately report to the Los Angeles County Fire
Department — Petrochemical Unit, as well as the office of Emergency
Services, every rupture, explosion, or fire involving the pipeline, including the
testing of such pipeline, as provided for in section 51018(a) of the California
Government Code.
SECTION 21. COUNCIL APPROVAL OF LOCATION OF FACILITIES
The Franchisee may not install or operate any Facilities in any public street, alley, public
way, or public place without first obtaining the prior approval of the Council.
PART B. COMPENSATION
SECTION 22. DAMAGE TO PUBLIC PROPERTY GENERALLY
Any damage caused directly or indirectly to any public property by the Franchisee, while
exercising any right, power, or privilege under the Franchise, or while performing any
duty under the provisions of this Ordinance, must be promptly repaired by Franchisee at
its sole cost and expense.
SECTION 23. COMPLIANCE WITH APPLICABLE LAWS
The Franchisee shall, at all times during the term of the Franchise, comply with all
applicable State, Federal and Local laws, ordinances, codes, rules and regulations.
SECTION 24. NOTICES
All notices, bills, payments, reports, or other material required to be delivered under the
terms of the Franchise shall be delivered to:
City
City of Lynwood
Public Works Director
11330 Bullis Road
Lynwood, California 90262
Franchisee
ExxonMobil Oil Corporation
Manager Right of Way & Claims
12851 E. 1661" Street
Cerritos, California 90703
Any notices, bills, payments, reports, or other material required by this Ordinance shall
be deemed received on (a) the day of delivery if delivered by hand during Franchisee's
regular business hours or by facsimile before or during Franchisee's regular business
hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set in this Ordinance, or to such other
addresses as the parties may, from time to time, designate in writing.
SECTION 25. FEES
The Franchisee must pay to the City a Base Granting Fee, an annual Base Franchise
Fee and a Base Construction Fee, as applicable and in accordance with Chapter 17,
Section 17 -31 — NONPUBLIC UTILITIES, of the City of Lynwood Municipal Code. The
amount of each base fee specified in Section 17 -31 of the Code will be adjusted by
Resolution of the Council at the time payment is due in accordance with Section 17 -31d
of the Code.
SECTION 26. PRORATION OF PAYMENTS
If facilities are abandoned by the Franchisee with the approval of the City as elsewhere
provided in this Ordinance, or if Facilities are removed by the Franchisee, the annual
base franchise fee required under Subsection 17 -31 b of the Lynwood Municipal Code
will be prorated for that calendar year, as of the end of the calendar month in which that
abandonment or removal occurs.
SECTION 27. RECORDS AND INSPECTIONS
a. Franchisee must preserve for a period of five (5) years all records necessary to
determine the amount of any fee which is payable to the City under the provisions
of this Ordinance.
b. At all reasonable times, the Franchisee must permit the City to inspect all property
of the Franchisee that is erected, constructed, laid, operated or maintained under
the Franchise, and to examine and make copies of all non - proprietary books,
accounts, papers, maps, and other records maintained by the Franchisee, or under
its control, which concern the operations, transactions, property or financial
condition of the Franchisee pertaining to the Franchise. These records must be
made available to the City at a location in the County of Los Angeles.
PART C. CONSTRUCTION
SECTION 28. CONSTRUCTION REQUIREMENTS
Pipelines and appurtenances must be constructed and maintained in a good and
workmanlike manner and in conformity with all applicable State, Federal and Local laws,
ordinances, codes, rules and regulations.
SECTION 29. NEW INSTALLATION OR REPLACEMENT
The installation or replacement of pipelines, Appurtenances, and all other Facilities
necessary for the operation, maintenance, and safety of pipelines and conduits must be
in accordance with permits issued by the Department. All proposed installations or
replacements must be reviewed and approved, if approved, by the Director as to the
most acceptable location in the City's streets.
SECTION 30. PERMITS
Where the provisions of any law, ordinance, code, or regulation require the issuance of
an excavation, encroachment or similar type of permit, the Franchisee may not
commence any excavation or encroachment work under the Franchise until it has
obtained that permit from the appropriate agency and /or the Department, except in
cases of emergency affecting the public health, safety or welfare, or the preservation of
life or property, in which case the Franchisee must apply for a permit not later than the
next business day after work has commenced.
The Franchisee's application for the permit issued by the Department must include a
map showing the length and proposed location of the pipeline or Appurtenance intended
to be used, and such other information as the Department may require. The Franchisee
must pay to the Department all permit fees including, but not limited to, permit
inspection fees.
The Franchisee shall notify Underground Service Alert at 1- 800 - 227 -2600 and obtain an
inquiry identification number a minimum of two (2) working days, but not more than
fourteen (14) calendar days, prior to any excavation in the vicinity of any potentially
existing underground facilities in order to verify the location of all utilities prior to the
commencement of any excavation.
The Franchisee shall be responsible for coordinating its work with all utility companies.
SECTION 31. WORK ON AND RESTORATION OF STREETS
a. The work of constructing, laying, replacing, maintaining, repairing or removing
those pipelines and Appurtenances authorized under the provisions of this
Ordinance in, over, under, along or across any street must be conducted so as to
cause the least possible interference with pedestrian and vehicular travel on the
street. As soon as the work is completed, all portions of the street which have been
excavated or otherwise damaged must be promptly repaired, replaced or restored
and placed in as good condition as before the commencement of such work. The
restoration, repair or replacement work may, as determined by the Director, require
the resurfacing, slurry sealing or other treatment of a street to a minimum of one
driving lane, and all work must be done to the satisfaction of the Director and at the
expense of the Franchisee.
b. If a Franchisee fails or neglects to undertake or complete the repair, replacement,
or restoration work on any street, within ten (10) days after written notice has been
given to Franchisee by the Director, the City may repair, replace or restore that
street at the expense of Franchisee. Franchisee must pay to the City all costs
incurred in performing that work. The amount chargeable is the direct cost of that
work, plus the current rate of overhead then charged by the City for reimbursable
work.
SECTION 32. FAILURE TO TIMELY COMPLY
a. If the Franchisee fails to complete any work within the time specified in a permit,
the City may require the Franchisee to pay to the City Five Hundred Dollars
($500.00) per day as liquidated damages for each day that construction extends
beyond the time specified in the permit if the Franchisee fails to make a good faith
effort to complete the work within the time frame specified in the permit. The
amount specified per day as liquidated damages will be adjusted annually by the
percentage change in the Consumer Price Index, All Urban Consumers for the Los
Angeles- Riverside - Orange County Area commencing one year from the effective
date of this Ordinance.
b. If the Franchisee fails to complete any work required by the terms and conditions
of the Franchise, or any related permits, within the required time limits, the City
may complete or cause to be completed that work at the expense of the
Franchisee if the Franchisee fails to make a good faith effort to complete the work
within the time frame specified in the permit. The Franchisee must pay to the City
the cost of performing that work. The amount chargeable to Franchisee is the
direct cost of that work, plus the current rate of overhead then charged by the City
for reimbursable work.
SECTION 33. COMPLETION STATEMENT
Upon the completion of the construction of any pipelines or appurtenances authorized
by the Franchise, the Franchisee must submit to the Director a statement which
identifies the permit or permits issued by the Department, the total length of pipeline
authorized to be constructed under the permit or permits, and the total length of
pipelines or Appurtenances actually laid.
SECTION 34. APPURTENANCES
The Franchisee has the right to construct, maintain and repair all traps, manholes,
conduits, valves, appliances, attachments and Appurtenances (collectively referred to
as "Appurtenances ") as may be necessary for the proper maintenance and operation of
the pipelines under the Franchise. Those Appurtenances must be kept flush with the
surface of the street and be located so as to conform to all applicable State, Federal
and Local laws, ordinances, codes, rules and regulations, and to all permits issued by
the Department, and must not interfere with the use of the street for travel. The
Franchisee has the right, subject to all applicable State, Federal and Local laws,
ordinances, codes, rules and regulations, to make all necessary excavations in the
streets for the construction, maintenance and repair of those Appurtenances; but the
Franchisee must first obtain an excavation permit from the Department to undertake
that work.
SECTION 35. ORDINARY REPAIR
The Franchisee may excavate in the street for pipeline repair for the number of days
agreed upon by the Franchisee and the Department; but the Franchisee must first
obtain an excavation permit from the Department to undertake that work.
SECTION 36. RELOCATION OF PIPELINES AND APPURTENANCES
a. The City reserves the right to change the grade, alignment, or width, of any public
street, way, alley, or place over which the Franchise is granted, including the
construction of any subway or viaduct. If any pipelines, Facilities or Appurtenances
constructed, installed or maintained by the Franchisee are located in a manner
which prevents or interferes with the change of grade, traffic needs, operation,
maintenance, improvements, repair, construction, reconstruction, widening,
alteration or relocation of a street, the Franchisee must permanently or temporarily
relocate that Facility, at no expense to the City, upon receipt of a written request
from the Director to do so. The Franchisee must commence that work on or before
the date specified in the written request, which date may be not less than thirty (30)
days from receipt of the written request. Franchisee must then diligently prosecute
that work to completion.
b. The City reserves the right for itself, and all other public entities which are now or
may later be so authorized, to lay, construct, repair, alter, relocate and maintain
subsurface or other facilities or improvements of any type or description within the
streets over which the Franchise is granted. If the City or other public entity
determines that the location or relocation of those facilities or improvements
conflicts with the Facilities laid, constructed or maintained under the Franchise,
whether those Facilities were laid before or after the facilities of the City or other
public entity were laid, the Franchisee must relocate those Facilities or
improvements, at no expense to the City or other public entity. The Franchisee
must, on or before the date specified in a written request from the Director, which
date may not be less than thirty (30) days after receipt of the notice and request to
do so, commence work to permanently or temporarily change the location of all
Facilities which conflict with those improvements to another location which is
approved by the Director. Franchisee must then diligently prosecute the work to
completion. If the street is later designated as a State highway, the rights of the
State of California will be as provided in California section 680 of the Streets and
Highways Code while it remains a State highway.
SECTION 37. BREAKS OR LEAKS
If any portion of a street is damaged by reason of breaks or leaks in any pipeline,
conduit, or Appurtenance constructed or maintained under the Franchise, the
Franchisee must, at its sole expense and immediately following written or oral
notification from the Director, promptly repair that damage and put the street in as good
condition as existed before that damage or leak, all to the satisfaction of the
Department. The Franchisee must obtain an excavation permit from the Department to
undertake that work.
SECTION 38. EMERGENCY EQUIPMENT
At all times during the term of the Franchise, the Franchisee must maintain or arrange
for, on a twenty four (24) hour basis, an emergency telephone number provided to the
Los Angeles County Fire Department Station 147, adequate emergency equipment, and
a properly trained emergency crew. The emergency equipment and crew must be
available within a radius of twenty five (25) miles from any Facilities installed or
maintained under the Franchise for the following purpose: shutting off the pressure and
the flow of substances in those Facilities in the event of an emergency resulting from an
earthquake, act of war, civil disturbance, fire, flood, or any other cause.
SECTION 39. REMOVAL OR ABANDONMENT OF FACILITIES
a. Upon the expiration, revocation or termination of the Franchise, or upon the
permanent discontinuance of the use of all or a portion of its Facilities, Franchisee
must, within the following thirty (30) days, make written application to the Director
for authority, as determined by the Franchisee, either: 1) to abandon all or a
portion of those Facilities in place; or 2) to remove all or a portion of those
Facilities. The application must describe the Facilities desired to be abandoned or
removed by reference to the map or maps required by Section 6 of this Ordinance
and must describe with reasonable accuracy the physical condition of those
Facilities.
b. The Director must determine whether the abandonment or removal proposed by
the Franchisee may be effected without detriment to the public interest and under
what conditions the proposed abandonment or removal may be safely effected.
The Director must then notify the Franchisee of that determination. The Franchisee
must pay to the City the cost of all tests and studies required to determine the
disposition of the application for abandonment or removal.
C. Within thirty (30) days after receipt of the notice, the Franchisee must apply for a
permit from the Department to abandon or remove all or any portion of the
Facilities and must pay all applicable fees and costs. The permit must set forth any
conditions of abandonment or removal that may be prescribed by the Director. Any
abandonment of the Facilities must be conditioned, in part, upon Franchisee's
future compliance with the provisions of Section 35 of this Ordinance.
d. Within ninety (90) days after obtaining the permit, the Franchisee must commence
and diligently prosecute to completion the work authorized by the permit.
e. If the Franchisee applies for authority to abandon in place all or a portion of its
Facilities, and the Director determines that such abandonment in place may be
effected without detriment to the public interest, the Franchisee must pay to the
City a fee in accordance with Section 17 -46 of the City of Lynwood Municipal
Code.
SECTION 40. FAILURE TO COMPLY
a. If any Facilities proposed to be abandoned "in place" and subject to prescribed
conditions are not abandoned in accordance with those conditions, the Director
may issue additional orders, including an order that the Franchisee remove any or
all of those Facilities. The Franchisee must comply with these additional orders.
b. If the Franchisee fails to comply with the terms and conditions of abandonment or
removal as required by this Ordinance and within the time prescribed by the
Director, then the City may remove or cause to be removed those Facilities at the
Franchisee's expense. The Franchisee must pay to the City the cost of that work,
plus the current rate of overhead then charged by the City for reimbursable work.
C. If, upon the expiration, revocation or termination of the Franchise, or the
permanent discontinuance of the use of all or a portion of its Facilities, the
Franchisee, within thirty (30) days thereafter, fails or refuses to make written
application for the authority referenced above, the Director will make the
determination as to whether the Facilities are to be abandoned in place or
removed. The Director must then notify the Franchisee of that determination. The
Franchisee must then comply with the provisions of Section 38 of this Ordinance.
SECTION 41. ABANDONMENT "IN PLACE" CONDITIONS:
Facilities abandoned "in place" are subject to the condition that, if at any time after the
effective date of the abandonment, the Director determines that any Facility interferes
with a public project, Franchisee or its successor in interest must remove that Facility at
its expense when requested to do so by the City, or pay the City for the cost of that
removal.
PART D. SPECIAL PROVISIONS
SECTION 42. RIGHTS GRANTED
Franchisee has the right, during the term of that Franchise, to transport petroleum, oil,
gas, gasoline, and like substances through the pipelines maintained under the
Franchise.
SECTION 43. MATERIALS USED
All pipelines used for the transportation of petroleum, oil, gas, gasoline, and like
substances, or other flammable liquids must be of standard material and in conformity
with current American Petroleum Institute pipeline specifications.
SECTION 44. APPROVALS
No excavation permit for a pipeline to be constructed or installed in accordance with the
Franchise may be issued unless the Franchisee has complied with all applicable
provisions of Subsection 20b of this Ordinance relating to pipelines for the
transportation of hazardous liquid substances or highly volatile liquid substances. This
requirement does not apply to emergency situations, such as those involving the
mitigation of pipeline ruptures, spills or leaks.
SECTION 45. REPORTS
During the term of the Franchise, and within thirty (30) days after the expiration of each
Franchise payment period, the Franchisee must:
a. File with the Director two (2) copies of a report, verified under penalty of perjury by
a duly authorized representative of the Franchisee, showing for the immediately
preceding Franchise Payment Period: 1) the length of all lines in streets; 2) the
internal diameter of those lines; 3) the rate per foot per year; and 4) the total
amount due the City.
b. File with the Director a report in triplicate, showing the number of each permit
obtained for the installation of new mains during the immediately preceding
Franchise Payment Period, together with the length and size of those mains. The
Franchisee must show on this report any change in pipeline footage since the last
Franchise Payment Period, segregating that footage as to new mains laid, old
mains removed, old mains abandoned in place, and the footage of mains in any
territory annexed or incorporated since the last Franchise Payment Period.
SECTION 46. PAYMENTS DUE
The Franchisee's payments are due semi - annually in accordance with the Franchise
Payment Period indicated in Section 2 of this Ordinance.
SECTION 47. SEVERABILITY
If any provision or any part of any provision of this Ordinance is found to be invalid or
unenforceable, the balance of this Ordinance shall remain in full force and effect.
SECTION 48. PUBLISHING ORDINANCE
The City Clerk is directed to certify to the passage and adoption of this Ordinance and
to cause it to be posted or published as required by law.
First read at a regular meeting of the City Council of the City of Lynwood held on the 4th
of March, 2008, and finally ordered published at a regular meeting of said Council held
on the 18th day of March 2008.
Maria T. Santillan
Mayor
ATTEST:
� �_No
Maria QuiF6nez Roger L. Waley
City Clerk City Manager
APP D AS ORM:
Fred alante
City Attorney
APPROVED AS TO CONTENT:
6&ait_uxol,�4
G. Daniel Ojeda, P. E.,
Director of Public Works / City Engineer
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 18th day of March, 2008.
AYES: COUNCIL MEMBER CASTRO, FLORES, MORTON, RODRIGUEZ AND
SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1600 on file in my office and that said Ordinance was adopted on
the date and by the vote therein stated. Dated this 18th day of March, 2007.
Maria Quinonez, ity Clerk