HomeMy Public PortalAboutOrd. 0958
ORDiNANCE NOe 958
AN ORD1.[Nr'~NCE Oi' 'I'I3E CIT~~ rOYJNCTi: 03'` ''~'F~T` CL`~'Y OF
LYNWOOD GRAIVTING A FR?,iVCI3II~E' "f'O ri'I"L~lti:":4~C RICHFIELD
COMFrSNY i0 TNSTAL,Ln OP~EiAT~,, Ti~E~YL~.qC~l!, MAINTAIN,
CHANC~E TH~ SIZE OFn A~3AND~~1 IN F'v.~~'~-r~ -'~~'~IOR REMOZrE
A PIPE Y.INE SYSTEM F'OR 2F~t: '~'RANSFnR'.'~.T'AON OI+' OIL,
GAS, G1~SOLINE, PETROI:~%JM, WF_; t GAS,w F?`n'1~ROl;ARBO?~I
SUBST'A;VCES, WATER WA.S'i F WA"I'F.'Ry n1L~1), ~'7°~=~M AND
OTHER L3QUID SUBSTANC~Tr1Sa AND TO ~I[ASN3`~lii'~ ~i. '3'Eb,EPHONE
LINE 1~1VD/OR TELY:GRAI'H LINES T`V CONNT`,i`TiON THEREWITH
UNDERn UFON, AND ACR,OSS C~.RTAIN ~~TJB~,IC HI~=iHWI~YS IN THE
CITY OF Y.YNWOODa S~T"I'lN(`. FORi'H C'CDi~i[71'-`nONS :~1CCOMPANYING
A GRAN"d" OF` FRANCH3SE; PROF7YDIN4, F"C19i _~l~ln'd~`N'I` AND METHOD
OF PAXMENT BY GRANTEE F'OR TH:~ YR['?%'iF_F;Ca~ GRANT~D9 AND
PROVIDING FOR THE TERM TI~EREOF~
TIIE CITY COUNCIL Ob' THE CITY OF ~YNWOOD DOES HEREBY
ORDAIN AS FOLL~OWSo
SECTION Il, 'Y'his ordnxaa~n~e stnafl4 l~~ krnrn~r;y :-.wu~i xn~y b~ ci~ed as the
"Atlantic Richfne?d Company Fram~~i~s~ Oa°d~ras~~~. "'
SECT"YON 2. F'or the pvzrpase~ of *Y:n~ ~~°-~u!~~~-~.~, k1~e folYowing terms,
phrases, woscT~ and tkaeir desnva~nons ~~n~1Il have trl~~ ri~at,i:~,~ gbven herein. When
not inconsistern3 wn~h the con~extn wcrm~Y~ ~sed ar~ tfl~~ r+r~s~~: he~ise a~iclude the future,
words in the p~u~°aY irbcflude tl~e sanguxS~r ~:nsan~er, ~a;~;~ words gn tr.e singular number
include the piur2Y numbere The word "Shall" ic alway~ m~radatory and not merely
directory.
(1) "City" is the City of Lynwood
(2) "Company" is the grantee of tka~ x°nghts under tria~ franchise.
(3) "Council" is the City Counci3 oi tFne Catr~~ of Ly~nwood.,
(4) "Person" is any person, firm~ partne~.F~~p, a~sociation, corporation,
company, or organization of any kinde
SECTION 3~ Grants of Authorityo T'here r.~ Y~ereby granted by the City
to the Company tlae righ! and priviYege ~o in~talb, ope~raie, maintain, replace,
change the ~YZ~ of,, abandon in pTaee and/or remove pip~ ~ine.s for the transportation
of oil, gas, ga~oline, petroleum, wet gas, Faydrocarbon ~ub~t~nces, water, waste
water, mud, steam arnd other liquid substar.cr~, tog~~Yner witFn aYl appurtenances
and service conneetaons necessary or coriL~~nient to propF~°fly maantain and operate
said pipe line~, incYuding cathodic protec±ion f~.ciPit"ses, an.c~ a~so including appur-
tenances and equipment for power, teYeg~aph and/or tFIleplnorne lines necessary br
convenient for the Grantee's busines~, hereanafter cofllectr~v~fly called "franchise
property", withgrn the public streets, highways, alYey~ ~rntY otY~er public ways or
public property now existing or hereinaftex° ded'scaie~ ~oY~e~.~ivEly called "streete" ,
of the City of Lyn~wood~
SECTION 4e Non-Exclusive Grar_~~ The ra~~~ to u~e and occupy said
streets, highway~, alleys and o4her pubYic wa~s or pub~be px°operty for the purposes
herein set forkh, shaYl not be excYusnve, arnd ~he Ci4y a•e~e~ ces the right to grant a
similar use of' s~sch streets, highways, alfleys, public way, ar~d places, to any
person at any time during the period of tha~ f:an~hase~
ORDINANCE NO,
Page 2
SECTION 5a Compliance wi±r, 3i ~-iL :t-,'t~ I~=xwt, ~.r_3 Ordinanceso The
Company shall, at all times during th~. ~~`~~~ ~~. ~~i~ ~ d.~~.h~uee, be subject to all
lawful exercise of the police powe~ c~'. Fr,~ t i-o ::!zck~ reasonabie regula-
tion as Cit,y shall hereafter by r~solizr,~o~; t>• ~=r a_~ .;-. Y provad~o
SECTION 6, Company Ludhli t ~ Tc~ri r~ ,~tSe_:3t~on. Ths City of Lynwood
_ _~~ ; _ _ _ _...- -._.
and its officers, agents and empluye~, ~r ,.. 1: h ~~ ~w~; able or accountable in
any manner for any loss or damage that ri:7a ; w.c~ f>p+ rt wo Wla~ facilities or to any part
thereof, or for any of the materia~s ow o~w.~•r i}i:±^ _~..?:d o: e.nployed in constructing,
maintaining, and/or operating the f~^r'.~ti ., ox' I<~r :~~j~nry or damage to any person
or persons, including employees ~f t~ee t''r,~np~~:,-, r;mpic*~eeS of the City, as well
as the public, or for any damage to acijo'x~~rig ur o-h~:~' property, from any cause
whatsoever arising out of or in cor~rn~~_~nor. w:dic ;'t;e .:xe:cbse by the Company of the
rights granted to it by this ordinar.c~ Ch~ Co.npdn~; alone shall be responsible
for any damage or injury to any pexsor: 0~~~~5i F;~z:ihng from defects or obstruc'~
tions or from any cause whatsoev~-r ~: ~~:.~r~ oui c?`' cr° in ronnection with the exercise
by the Company of the rights grante~Y ±n at ~,~ ;~°,.r,~~~ :r'y ~^~ ~~ept the sole negligence or
wi]].fui conduct of the City of Lynwood, ~r, ~ag~ n',s, u"'E'beFrs, employees, or inde-
pendent contractors who are directly rt•~~~~ t,]:s +o ~;~ae. Ci4y of Lynwood.
The Company will indemr_afy ±~xF C, ~; os L,ar.wood, its agents, officers,
and employees and will hold and sa.~e th~-~n ar~ry <-ar•.": of irh~em harmless from any
and all actions, claims, damages to per;x*c= ox° p;rc~pF~rty, penalties, obligations
or liabilities that may be asserte~ ori r1a xxi, .± ho; ~~~;- persong firm, entity, corpor-
ation, political subdivision, or oth~r orgacti~,:a:~o^-, a.x°i~~ng out of the Construction,
operation, and for maintenance of tne i"~~r°~.-°*,:.:- o: arY~ing out of or in connection
tivith the exercise by the Compang~ ot ~~~r= t~gri~- ~:.:nmpd ~~ it by this ordinance,
whether or not there is concurx°ent pa;'.~:n'~~ u° ;ri.°r:~ n~g-ugence on the part of the
City of Lynwood, its agents, officere, aric~ enip:o>e~.s~ acud in connection therewith:
a, The Company will defen~ an;? :+a.~c~; oa actaon~ filed in connection
with any of said claims, damages, pen~Y'~iµ,, oF7Si,g~t.ion~ ox° liabilities and wili
pay all costs and expenses, includnng Qi?;u ~e r,: :~ t, acacurx°ed by the City of
Lynwood in connection therewith~
b. The Company will prompQl; p- ~,r~. iu+~gm~<nt rendered against the
City of Lynwood covering such cYanm;-:; d~~n.ag~ :-, f~~r~~itiesD obligations, and
liabilities arising out of or in coccn~c~~or, w~~tP~ tht* t-on~tru~°tnon, maintenance, and~or
operation of the facilities or arasbng out ~~T +~r~ ii^ cornri~r_°?aoa with the exercise by
the Company of the righte granted ~o zt l~y !~,hb~ oxy3~inanee; and Company agrees to
save and hold the City of Lynwood Y~a~~r.i'~~ ~~ rr~F°~ ~s'~r oma
c. In the event the Cit~ v~ znacie~ a p.:_* ~; tr.K, an~r action or proceeding
filed or prosecuted for damages or~ c~t~i€~r~ i.~~;~m~ ax°b~~a.ng ~ra~ of or in connection
with the exercise by the Company of th~ r;gtt~ Kr_,ra?e~ to it hereunder, the
Company agrees to pay to the Cnt;~ an. a:r E a~.i a o~t,s ~nd e~spenses incurred by
the City in action or proceeding together w~ttr rer,::.nnabYe attorneys fees.
SECTION 7a Condikions on Stx~=_'=e~P~, 0~-~~.~apa:~nc~y~o
.. .__ _ __., __ _
distribution
(1) Use. All transmissic~rr ar;~ .7~5~ ~1ir'uctures, lines and
equipment erected by the Company wxtt.r.n ~ha C:r ;:y~iit~ shall be so located as
to cause minimum interference wit.~. i~n~= p-opt=r u;~~ of the streets, alleys and other
pizblic ways and places, ~ and to cause xnir:zr.icAm ~^±a~f'~r~ence with the righta or
reasonable convenienee of proper*~ owr°>-;t°~: wwvo rsd3onn any of' said streets, alleys
or other public ways and places anc~ ~:~a-' k7~ ~~ ~~c fx~~,act~a zn a good workmanlike
ORDINANCE NO.
Page 3
manner and in conformity with all ordir.ances, : u'ies or regulations now or hereafter
adopted or prescribed by the City,
(2) Restoratioa I'n case of any distnrb3nce of pavement, sidewalk, or
driveway or other surfacing, the Company s~±.a1,s at its own cost and expense and in
a manner appraved by the City Engineer, r`~.pSacc- an~3 restore all paving, sidewalk,
driveway or surface of any street or alleys :1i:~tu:^7~~.~, in as' good condition as before
said work was commenced, and shall macntain ii~e s estoration in an approved condition
for a period of ten (10) years.
(3) Changes Required by Public Improve~.~nts. If the City shall determine
that it is reasonable and necessary thaC franc~nise p~ operty be temporarily diconnected,
abandoned, temporarily or permanently removed, tempomar~ly or permanently
relocated or substitute facilities installe~l„ in c~r~tx° tEaat the City, when actirig in a
governmental capacity, may relocate, changr gracYe, construct, use, maintain,
change or modify any street improvements or City owned utilfty facilities, said City
shall give notice, in writing, to the Company, W"ithin t9~irty (30) days after the
service of such notice upon the Company, tMe Coanp~ny skaall at its sole cost and
expense begin and diligently prosecute thE nee~rs,~ry work to completion. Upon
failure to do so, the City may cause said work ±~ ~e rompleted and the Company
shall immediately pay for the same upon pre~Fn":~tion of an itemized account of the
costthereof.
In the event that any franchise proper°iy is r•~quared to be abandoned in or
permanently removed from any street o~r portYOr~ t9vtreof affected, the City shall
approve such additional street location or Yoes~iana ~G may be necessary to permit
the installation of substitute facilities.
SECTION 8. The right is hereby reserved to the City to adopt, in addition
to the provisions herein contained and exi~ting appbicable ordinances, such additional
regulations as it shall find necessary in the ~xercus~ oS the police power, provided
that such regulations, by ordinance or othea~w~se, sh~11 be reasonable, and notin
conflict with the rights herein granted, and sh~ifl not be in conflict with the laws of
the State of California,
SECTION 9. Payment to City, Comp~ny s&~aflY pay to the City for the privilege
of operating said pipe lines, telegraph an~jo^ tPY~p~aone lYnes under this franchise,
a sum equivalent of one-fourth (1/4) cents pei: Yn: ~ of internal diameter per foot, or
$80 per mile, or fraction thereof, whic~never i~ tFa~ gre~tere of the pipe line hereto-
fore or hereafter installed and maintained ~n t~ne pubYic ~treets, alleys and ways by
virtue of the authority granted by the Ciky. T'~ie Ce~mpany shall also pay during the
life of the franchise, an annual toll for telepl~ionc, LePegr~iph, and electrical power
lines maintained under the franchise, of $`L5 ~ex° pole, and $25 pEr mile, or fraction
thereof, of underground conduit. Said annua~ pdyrnent shall be made on or before
the first day of April of each and every cal~nd,;. y~a~ during the term hereof, beginning
as of the effective day of the ordinance granl'cng the f~°ane9~ise, for the twelve-month
fiscal period ending on the preceding October 3Y, In t~ne ~evEnt any pipe line shall
have been subject to the terms of this fran~4r~s~ for onYy a f'ractional part of said
twelve-month period, the payment therefo~° sFallY a~ cornputed in the proportion in
which the number of days in the said fractional pa~ t of the twelve-month period bears
to three hundred and sixty-five (365) days, T'"r~ arinu~l. gayment shall be accompanied
by two (2) copies of a report, verified by the oath of <a duly authorized representative
of the Company, showing the length of pipe TinE° in pvxbluc highways, and internal
diameter of such lines, the rate per foo't and t°~:e 'tat~~l amount due and a map or maps
showing the location, length and size of a~1 facillY'eie:~ bnst~lled, relocated, removed
or abandoned. In the event new pipe lines hav:: ~een 4~id longitudinally in public
highways subsequent to the previous report, t4aere sd~a~Y~ be included with the current
report a statement showing the permit number ~ dace Y~~d, feet applied for, feet
laid, and size of all new lines located ox° aonsE~°~ct~~>
ORDINANCE NO.
Page 4
SECTION 10. Term of Franchise. The franchise and rights herein
granted shall take effect and be in force from and a£ter the final passage M~reof,
as required by law, and upon filing of acceptance by the Company with the City
Clerk,~and shall continue in force and effect For a term of ten (10) years after the
effective date of this franchise, provided, however, that if acceptance is not filed
within thirty (30) days, the provisions of this franchise shall be nuli and void.
SECTION 11. Company to Make All Repairse Company shall repair,
at its own expense, any damage caused to any street, alley; way or other pul~lic
property af_the City of Lynwood by reason of any leaks, breaks or failure of any
of the pipe lines or pole lines maintained or operated under said franchise, at its
sole cost and expense. In the event the Company shall fail to make any such
repairs within ten (10) days after receipt of a notice and demand therefore from
the City, City may make such repairs at the cost and expense of the Company,
which cost, by the acceptance of the franchise, the Company shall agree to
pay upon demand.
SECTION 12. Non-Assignment. The Company shall not permit any
right or privilege granted by the franchise to be exercised by another, nor shall
the franchise or any interest therin or any right or privilege thereunder, be in
whole or in part sold, transferred, leased, assigned or disposed of, except to a
corporation acquiring or owning a portion of the assets of the Company, through
consolidation, merger, or re-organization, or to a subsidiary of Company, or to
any person, firm or corporation having assets or more than Five Million Dollars
($5, 000, 000. 00) without the consent of the City expressed by resolution, provided
however, that the provisions of the franchise shall not require any such consent,
and no consent shall be required for any transfer of grantee in trust or by way of
mortgage or hypothecation covering all or any part of the Company's property,
which transfer, mortgage or hypothecation shall be for the purpose of securing as
indebtedness of Company or for the purpose of renewing, extending, refunding,
retiring, paying or cancelling, in whote or in part, any such indebtedness at any
time or from time to time. Any such sale, lease, assignment or other disposition
of franchise for which consent is required hereunder, shall be evidenced by a
duly executed instrument, in writtng, filed in the Office of the City Clerk.
SECTION 13. Company to Notify City of Construction and Abandonment
of Pipe or Telephone Lines. On or before the first day of May and November of
each year during the life of the franchisea the Company shall render to the City
a statement showing in detail the total length of any pipe line or telephone line
constructed, removed, or abandoned under thefranchise during the preceding
six month period, together with a map or maps accurately showing the location
in the public streets, alleys or ways of such pipe line or telephone line thus
constructed, removed or abandoned. Said statements and maps shall be accom-
panied by the payment of an amount equal to the rate of One Hundred Dollars
($100. 00) per mile for all pipe line constructed, if any there be shown on said
statements and maps.
SECTION 14. Insurance, The Company agrees to take out and maintain
at all times during the term of this franchise the following policies of insurance:
a. Public liability- bodily injury (including automobile) Five Hundred
Thousand Dollars ($500, 000. 00) each person and One Million Dollars ($1, 000, 000. 00)
aggregate;
ORDINANCE NO.
Page 5
b. Public liability - propertv damage (~ncliading auEomobiles) F'ive
Hundred Thousand Dollars ($500, 000. 00) each accident and Five Iiundred Thousand
Dollars ($500, 000. 00) aggregate, Each such policy of insurance shall:
(1) Be issued by an insurance company which~ is qualified to do business
in the State of California and which has been approve~ in writrng by the City
Manager;
(2) Name and list as an additionaT insu~°ed t4ae City of Lynwood and
provide that the inclusion of more than one namEd insux°ec~ shall not operate to
impair the rights of one insured against another insured and further provide that
the coverages afforded shall apply as though separ~ate poY<cies had been issued'
to each insured;
(3) Contain a provision that it acts as primaa°y ~nsurance and that
no insurance held or owned by the City of Lynwood stuall be called upon to cover
a loss under said policy;
(4) Contain a clause providing that the policy shall not be cancelled
or altered without thirty (30) days written mtice the~°eof given to the Cityby
registered mail; and
(5) Otherwise be in a form satisfactory to the City. The requirements
of this Section may also be met by provtding a seif-insurance letter of agreement
containing liability and protection provisions as deemed necessary by the City
Manager.
SECTION 15. Remedtes in Event of Defaulte In the event the Company
shall fail to keep, fulfill or perform any of the terms or conditions of the franchise,
and shall fail to remedy such defaults within thirty (30) d~ys after notice from the
City, the City may, at its option, exercise, by resolution or ordinance, declare
the franchise forfeited upon 10 days notice of such forfziture proceedings to the
Company. Upon such declaration of forfeiture, the franchise shall be deemed
surrendered and terminated, and the City may thereafter exclude the Company
from any furthex^ use of the public streets, aYleys and ways under the franchise.
Provided further that if any provision lxereof becomes invalid or un-
enforceable and City expressly finds that such prov4s~on constituted a considera-
tion material to the granting of this fa°anchfse, the City reserves the right to
terminate upon ten (10) days notice of any termination proceedings to the Company.
SECTION 16. Publication. 'I`Fne Company steaYl assume the cost of
publication of this franchise, as such publiea.t~on is ~°e~uired by law. A bill for
publication costs shall be presented to the Company by the City Treasurer upon
the Company's filing of acceptance and shall be paid at t~iat time.
SECTION 17. Separability, If any section, sub-section, sentence,
clause, phrase, or portion of this ordinance is Fox°any reason held invalid or
unconstitutional by any Court of competent jurisdiction, such portions shall be
a separate, distinct and indEpendent provision and such holding shall not affect
the validity of the remaining portions thereof,
SECTION 18. The City Clerk is hereby ordered and directed to
certify to the passage of this ordinance, and to cause tkne same to be published
once in the Lynwood Press, a newspaper of g~nex°a~ rxrculation printed and
ORDINANCE NO.
Page 6
circulated in the City of Lynwoode
First read at a regular me~ting of tne City Council of said City helci
on the 7th day of November , i~73, and adopted and ordered
published at a regular meeting of said Councc~i ~eld on the 20th day of
November , 1973, by the fo1£o~wirig vote:
A YES: Councilmen Byork, LIewer, Malchow, Morris, Rowe
NOES: Councilmen None
ABSENT: Councilmen
~~G~/
JOHN D. BY.~RK
Mayor
City of Lynwood
ATTEST:
F~ - /r;? /' ~
:~OSEf'HINE L. SHEPE~'ERD
City Clerk
City of Lynwood
S'1'A~1'L 07~' CAL~IPO]~P~77A )
ss.
COUI'JTY OF LOS ANGliLl;S )
~ I, Li~e unde~°signed, Cit7 Clerlc of' the City o£
Lynv.ood, anr~ ex-officic c:Lerlc of the Cou ncil of said city, do
hereby cert i fy that Ll'i; above is a true and correct cop;~ of
Ordina»ce No. 958 adopY;ed by the City Cotznci7, of the Cit;,y ~
of Lynurood, and thati same was pa ssed on Lhe date and by the
vot.e there~n sta~ed.
Dated th:is 28th ~~y of _November --' 19 73_.
. ' ~z~~~Ey~
-~Citiy lerk:, City of L, nwoocJ