HomeMy Public PortalAboutOrd. 0739O.RDINANCE N0, 739 ,
AN ORDINANCE GRANTING A FRANCHISE TO SOGONY MOBIL
OIL CQMPANY, INC, TO OPERATE AND MAINTAIN A PIPE
LINE SYSTEM FOR THE TRpNSPORTATION OF OIL AND GAS,
AND TO MAINTAIN A TELEPHONE LINE IN CONNECTION
THEREWITH UNDER, UPON, AND ACROSS CERTAIN PUBLIC
HIGHWAYS IN THE CITY OF LYNWOOD; SETTING FORTH
CONDITIONS ACCOMPANYING A GRANT OF FRANCHISE;
PROVIDING FOR AMOUNT AND METHOD OF PAYMENT BY
GRANTEE FOR THE PRIVII,EGE GRANTED, AND PROVIDING
FOR THE TERM THEREOF,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD:
Section 1. This ordinance shall be known and may be cited
aa the "Socony Mobil Oil Company Franchise Ordinance."
Section 2, For the purposes of this ordinance, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include the
singular number, and. words in the singular number include the plural
number. The word "shall" is always mandatory and. not merely directory.
(1) "City" is the City of Lynwood..
(2) "Company" is the grantee of the rights under this
franchise,
(3) "Council" is the city council of the City of Lynwood.
(4) "Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind,
Section 3, Grants of Authority. There is hereby granted
by the City to the Company the right and privilege to construct, erect,
operate and maintain, in, on, upon, along, across, above and under the
streets, alleys, public ways and public places now laid out or d.edi-
cated, and all extensions thereof, and additions thereto, to the City
of Lynwood, and. more particularly described. as followe•
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and more particularly described as follows:
(1) Imperial Highway from the east city limit to the
intersection of Norton Avenue; thence along Norton Avenue to the
westerly boundary line of State Street; thence southerly along State
Street and Santa Fe Avenue to the southerly boundary line of Weber Avenue.
(z) Within a certain district described by county ord.inance
No. 781, to which reference is hereby made for greater particularity.
(3) Non-exclusive Grant. The right to use and occupy said
streets, highways, public ways and public places for the purposes herein
set forth, shall not be exclusive, and the City reserves the right to
grant a similar use of such streets, alleys, public ways and places, to
any person at any time during the period of this franchise.
(4) Compliance with Applicable Laws and Ordinances. The
Company shall, at all times during the life of this franchise, be sub-
~ect to all lawful exercise of the police power o£ the City, and to such
reasonable regulation as City shall hereafter by resolution or ordinance
provide.
~5) Company Liability -_ Indemnification. It is expressly
understood and agreed. by and between the Company and the City that the
Company shall save the City harmless from all loss sustained by the
City on account of any suit, ~udgment, execution, claim, or demand what-
soever, resulting from negligence on the part o£ the Company in the
construction, operation or maintenance of said pipe line and said
telephone line.
Section 4. Cond.itions on Street Occupancy.
(1) Use. All transmission and distribution structures, lines
and equipment erected by the Company within the City lim3ts shall be so
located as to cause minimum inter£erence with the proper use of the
streets, alleys and other public ways and. places, and to cause minimum
interference with the rights or reasonable convenience of property
owners who adjoin any of said streets, alleys or other public ways and
places.
(2) Restoration. In case o£ any disturbance of pavement,
sidewalk or driveway or other sur£acing, the Company shall, at its own
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cost and expense and in a manner approved by the City Engineer, replace
and restore all paving, sidewalk, driveway or surface of any street or
alleys disturbed, in as good condition as before said work was commenced.,
and shall maintain the restoratipn in an approved condition for a period
of ten years.
(3) Relocation. In the event that at any time during the
period of this franchise the City shall lawfully elect to alter, or
change the grade of any street, alley or other public way, the Company,
upon reasonable notice by the City, shall remove, relay and relocate
its poles, wires, cables, pipe lines, and other fixtures, at its own
expense.
Sec_ tion 5, The right is hereby reserved to the
ad.opt, in addition to City tp
the provisions herein contained. and existing
applicable ordinances, such additional regulations as it shall find
~ecessary in the exercise of the police power, provided that such
regulations, by ordinance or otherwise, shall be reasdnable, and not
in conflict with the rights herein granted, and shall not be in conflict
with the laws of the State of California.
Section 6. payment to City. Company shall pay to the City
for the privilege of operating said pipe lines and telephone lines under
this franchise, a sum equivalent of one fourth (1/4) cent per inch of
internal diameter per foot, or Eighty Dollars ($8p,00) per mile, which-
ever is the greater, o£ the pipe line hereto£ore or hereafter installed
and maintained in the public streets, alleys and ways by virtue of the
authority granted by this ord3nance. The Company shall also pay during
the life o£ the franchise, an annual toll for telephone, telegraph and
electrical power lines maintained under the franchise, of Twenty-five
Dollars (~25,00) per p~,le mile, and Twe~ty-five Dollars (~25,00) per
mile of underground conduit, Said. annual payment shall be made on or
before the first day of April of each year (commencing with April l,
1963), £or the twelve-month period ending on the preced.ing December 31.
In the event any pipe line shall have been sub~ect to the terms of this
franchise for only a fractional part o£ said twelve-month period, the
payment therefor shall be computed in the proportion in which the number
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of days in the said fractional •
part o£ the twelve-month period bears
to three hund.red and sixty_five
be accompanied b ~365) days. The annual payment shall
y two copies of a report, verified by the oath of a
duly authorized representative of the
Company, showing the length of
Pipe line in public highways the
rate ' 1n~ernal diameter of such lines, the
per foot and the total amount due. In the event new pipe lines
have been laid longitudinall
y 1n public highways subsequent to the
previous report, there shall be included with the current report a
statement showing the permit number,
date laid, £eet appliced for,
feet laid, and size of all new lines located or constructed.
Section 7 Term of
----~ Franchise. The franchise and rights
herein granted shall take effect and be in force from and after the
final passage hereof
, as required by law, and upon filing o£ acceptance
by the Company with the Cit
Y Clerk, and shall continue in force and
effect for a term of ten (10) years after the effective date of this
franchise, provided. that if acce tance
p is not filed within thirty (30)
days, the provis1ons of this franchise shall be null and void,
Sec_ tion g Company to make all
Repairs_ Company shall repair,
at its own expense, any damage caused to any street, alley, way or
other public property of 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 therefor from the
may make such repairs at the cost and ci~y~ City
expense of the Company, which
cost, by the acceptance of the £ranchise, the Company shall agree to
PaY upon demand.
Sec~ 9• Franchise
not permit an Exclusive to Company. The Company shall
y right or privilege granted by the franchise to be
exercised by another, nor shall the franchise or any interest therein
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
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Company, or to apy person, • ~
firm or corporation having assets of more
than Five Million Dollars
~$5,000,000) without the consetnt 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 CompanyEs
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, retir1ng~ pay1ng or cancelling, in
whole or in part, any such indebtedness at
time. any time or from time to
Any such ~ale, lease, assignment or other disposi~lon of
franchise £or which consent is required hereunder, shall be evidenced.
bY a duly executed instrument, in writing, filed in the of£ice of the
City Clerk.
Sect~ l~ Company to Notif
y C1tY o£ Construction and.
Abandonment of pipe or Telephone Lines. On or before the first day of
May and November of each year during the li£e of the franchise, 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 the franchise d.uring the preceding six-month period,
together with a map or maps accurately showing the location in the
public streets, alleys or ways o£ such pipe line or telephone line thus
constructed, removed or abandoned, Said statements and. maps shall be
accompanied 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 11 Remedies in
-'---' Event of Default.
Company shall fail to kee In the event the
p, fulfill or perform any of the terms or
conditions of the franchise, and shall fail to remedy such defaults
within thirty (30) days after notice £rom the City, the City may, at
1ts option, exercise, by resolution or ordinance, declare the franchise
£or£eited, Upon such declaration of £orfeiture, the franchise shall be
deemed cancelled and terminated, and all of the rights and privileges of
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the Company und.er the franchise shall be deemed surrend.ered and
terminated, and the City may thereafter exclud.e the Company from any
further use of the public streets, alleys and ways under the franchise.
Section 12. Publication,
"-"---- The Company shall assume the
cost o£ publication of this franchise, as such publication is required
by law. A bill for publication costs shall be presented to the Company
bY the City '~reasurer upon the CompanyES filing of acceptance and shall
be paid at the time.
Sect~l3 Separability, If an
sentence, clause Y section, sub-section,
, phra~e, or portion of this ordinance is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction,
such portions shall be a separate, distinet and independent provision
and sueh holding shall not a£fect the validity of the remaining portions
thereof,
Section 14. Ord.inances Repealed. City Ordinance No.
be deemed repe om and a£ter the £ilin b 79 shall
g y Company of acceptance
by the Company with the City Clerk o£ this franchise. All other
ordinances and parts of ordinances in conflict with the provisions of
this ordinance are also hereby repealed.
Sect~S. This ordinance shall become effective upon
acceptance by Company of this franchise.
Section 16. The Cit
--.-._ y Clerk 3s hereby ordered and directed
to certify to the passage of this ordinance, and to cause the same to
be published once in the Lynwood Press, a newspaper of general circu-
lation printed and circulated in the City of Lynwood.
First read at a regular meeting of the City Council of said.
city held on the 16th day of October, 1962, and finally adopted and.
ordered published at a regular meeting of said. Council held on the 7th
day o£ November, 1962, by the follow3ng vote:
Ayes: Councilmen Duncan, Finch, Ham, MeMillan, Rowe,
Noes: None.
Absent: None. /~,.~
A j'P~f7l~~ ~ ~L „' ~L
RK, Ty LYN
$TATE OF CALIFORNIA )
COITNTY OF LOS ANGBLES: ss.
CI'TY OF LYNHTOOD ~
I, the undersigned, City Clerk of the
City of Lyntaood, and ex-officio clerk of the Council
oP said City, do here~y certiPy that the above is
a true:and correct copy op ordinance No. ?__ 34
adopted by the City Couneil of the City a~ Lynwood
and that same was passed on the date and by the vote
therein stated.
Dated this 14th
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