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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• -1- 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 -2- 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 -3- 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 -~- 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 -5- 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 .,... ... .... ~....~., ~ :.a ~.'.