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HomeMy Public PortalAbout62-062 (10-02-62) RESOLUTIOTJ N0 62-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNW00D DECLARING ITS INTENTION TO GR�NT � FR�NCHISE TO THE SOCONY MOBIL OIL COMPANY, INC. WHEREAS, the Board of Supervisors of the County of Los Andeles, granted to the General Pipe Line Company of California a franchise to lay, maintain and operate a pipe line system for the transportation of oil and gas, and to maintain a telephone line in • connection therewith, under, upon, and across certain public high- ways in the County of Los Angeles within a certain district described by County Ordinance 781; for a period of forty years from and after the date of the granting of said franchise, and WHEREAS, certain public highways and rertain parts and portions of public highways described in said County Ordinance 781 have, since the �ffective date of said ordinance, become incorporated within the corporate city limits of the City of Lynwood, and WHEREAS, the franchise oranted by said County Ordinance 781 will expire on November 22, 1962, and WHEREAS, Socony Mobil OiI Company, Inc., has succeeded all of the rights, property and franchises of General Pipe Line Company of California, including said franchise granted by County Ordinance 781, and WHERE�S„ Socony Mobil Oil Company, Inc., maintains and operates pipe lines under, upon and across certain public highways within the corporate limits of the City of Lynwood under and by virtue of said County Ordinance 781, and WHEREP�S, Socony Mobil Oil Company, Inc., has applied in writing to the City Council of the City of Lynwood, California, for the right, franchise and privilege from time to time to construct, maintain, operate, renew, repair, change the size and number of, anc7 to remove or `abandon in place pipe lines for the transportation of. petroleum, liquid hydrocarbon substancea, gas, gasoline, water, waste water, mud, steam and other substanees, together with all manholes, -1- „. .. valves, service connections and appurtenances necessary or convenient to properl.y maintain and operate said pipe lines, including facilities necessary for cathodic protection of said pipe lines, and together with poles, conduits, wires, cables and other appurtenances and equip- ment for telephone, telegraph and electrical power lines necessary 10 or convenient £or the applicant�is business, for a period o£ ten (1) �� years from and after the date upon which such franchise shall become effective, in, under, over, along or across any and all public streets, alleys and other public ways now or hereafter dedicated to public use in the City of Lynwood. NOW, THEREFORE, the City Council of the City of Lynwood does resolve as follows: Section l. That it is the intention of said City Council to grant to said Socony Mobil Oil Company, Inc., said franchise for the said term and purposes aforesaid, said franchise to be upon the following terms, provisions and conditions, to wit: (1) The term of said franchise shall be ten (10) years from and after the date on which the ordinance granting the franchise becomes effective. (2) That the franchise shall be subject to all of the provisions of any and all ordinances of the City of Lynwood. In case of any conflict between any provision hereo£ and said ordinances, the ordinance provisions shall prevail. (3) The word "grantee” when used herein and in the franchise shall.mean.and include Socony Mobil Oil Company, Inc., named as the grantee in the ordinance granting the franchise and the successors and assigns of said Socony Mobil Oil Company, Inc, (4) The grantee shall file with the City Clerk of the City of Lynwood within ten (10) days after the adoption of the ordinance granting the franchise a written acceptance thereof. �5) The grantee shall have the right, subject to such regulations, laws and ordinances as are now or may hereafter -2- be in force, to make all necessaly excavations in the public stree�s, alleys and ways for the construction, maintenance, operation, renewal, repair, change in the i size and number of, and removal o£ pipe lines, pole lines and conduits constructed, maintained or operated under the franchise: • . (6) The work of constructing, maintaining, operating, removing, repairing, changing �the size and number of and removing pipe lines, pole lines and conduits shall be con- d,ucted with the least possible obstruction and inconvenience td the public and with the least possible hindrance to the use of the streets, alleys and ways for purposes of travel. All excavations shall be backfilled and the surface placed in as good condition as it was at the beginning of such work and to the satisfaction of the Director of Public Works. The grantee shall hold the City of Lynwood, its City Council and otherofficers, harmless from any claims for damage or injury suffered by any person by reason of any excavation or obstruction in said streets, alleys or ways occasioned by the construction, maintenance, operation, repair or removal of any pipe lines, pole lines or conduits of the grantee under said franchise, and shall be responsible for any such damage or injury. . (7) The City of Lynwood reserves the right to change the grade or line of any street, alley or way in which pipe lines, pole lines or conduits are constructed, maintained or operated. under the franchise, and upon receiving notice from the City Council of its intention so to do, the grantee shall promptly and at its own cost and expense, change the location of all such facilities and their appurtenances where necessary to conform to such change or line. Any damage caused to any public improvement by the grantee in exercising any right or privilege under the franchise or in performing any duty under or pursuant to the provisions -3- of the ordinance granting the franchise shall be promptly repaired by the grantee at its sole cost and expense. (8) The grantee 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 breaks, leaks or faibure of any of the pipe lines, pole lines or conduits constructed, maintained or operated under said franchise, at its sole cost and expense, In the event the grantee shall fail to make any such repairs within ten (10) days after receipt of a notice and demand therefor from the City, the City may make such/repairs at the cost and expense of the grantee, which cost, by the acceptance of the franchise, the grantee shall agree to pay upon demand. (9) �i�e grantee of this franchise shall, during the life hereof make annual payments to the City of Lynwood, in lawful money of the United States, £or the privilege hereby granted, at the rate of one-fourth (1/4) cent per inch of internal�diameter per foot, or Eighty Dollars ($80.00) per mile, whichever is the greater, of the•pipe line heretofore or hereafter installed and,maintained in public streets, alleys and ways by virtue of the authority granted by the franchise or any franchises superseded by the franchise. The grantee shall also pay, during the life of the franchise, an annual toll for telephone, telegraph and electrical power lines maintained under the franchise of Twenty-five Dollars ($25,00)pe�_pole mile, and Twenty-five Dollars ($25,00) per mile of underground conduit. Said annual payments shall be made on or before the first day of April of each year (commencing with April 1, 1g63) for the twelve (12) monthsr period ending on the preceding December 31. In the event any pipe line shall have been subject to the terms of this franchise for only a fractional part of said twelve (12) months�tl period, the payment therefor -4- shall be computed in the proportion which the number of days in the said £ractional part of the twelve (12) monthsii period bears to three hundred sixty-five (365). The annual payment shall be accompanied by two copies of a report, verified by the oath of a duly authorized � representative of the grantee, q:�owing the length of pipe lines in public highways, the internal diameter of such lines, the rate per foot and the total amount due. In the event new pipe lines have been laid longitud-inally in public highways subsequent to the previous report, there shall be included with the current report a statement showing the permit number, date laid, feet applie� for, feet laid, and size of all new lines laid or constructed, (10) Grantee shall not permit any 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 grantee, through consolidation, merger, or reorganization, or to a subsidiary of grantee, or to any person, firm or corporation having assets of more than Five Million Dollars ($5,000,000.00) without the consent of the city expressed by resolution; provided, however, that the provisions of the franchise shall not require any such consent and no consent shall be required for any transfer by grantee in trust or by way of mortgage or hypothecation covering all or any part of granteeIS property, which transfer, mortgage or hypothecation shall be for the purpose of securing as indebtedness of grantee or for the purpose of renewin�, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. Any such sal��, le��se, assignment or G other disposition of franchise £or which consent of the city is required hereunder shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk, (11) On or before the first day of May and November of each year during the life of �the franchise, the grantee shall render to the city a statement showing in detail the total length�of any pipe line or telephone line con- structed, removed or abandoned under the franchise during the preceding six-monthst period, together with a map or maps accurately showing the location in the public streets, alleys or ways of any such pipe line or telephone line so constructed, removed or abandoned, Said statements and maps shall be �ccompanied by ±he payment of an amount of money equal to the rate of One Hundred Dollars ($�00.00) per mile for all pipe line constructed, if an'y there be, shown on said statements and maps. (12) In the event the grantee shall fail to keep, fulfill or perform any of the terms or conditions of the franchise and shall fail to remedy such d.efault within thirty (30) days after notice from the city, the eity Council may, at its option, exercised by resolution or ordinance declare the franchise forfeited. Upon such ` declaration�of forfeiture the franchise shall be deemed cancelled and terminated and all of the rights and privileges of the grantee under the franchise shall be deemed surrendered and tPrminated and, the city may there- after exclude the grantee from further use of the public streets, alleys and ways under the franch3se. (13) The work of constructing, maintain�ng, operatin�, renewin�, repairing, changing the size or number or removing �ny pipe lines, pole lines or conduits under the franchise shall, at all times during the term of the franchise, in all respects comply with all of the rules, regulations, -6- ord.inances and enactments of the City of Lynwood and of such Federal, State and county authorities as may have jurisdietion over said facilities; provided however, that in each instance the paramount authority , shall be binding on the grantee, and the City of Lynwood hereby reserves all regulatory power by law allowed to it over and with reference to the franchise and the exercise of rights, powers, and privileges under the same by the grantee. (14) Said franchise is not and shall not be exclusive. Section 2. BE IT FURTHER RESOLVED that the City Clerk of the City of,Lynwood be and he is hereby authorized and directed to advertise the fact that said application £or said franchise has been made to said City Council, together with a statement that it is p�o- posed to grant said franchise upon terms, provisions and conditions set forth in this resolution, by publishing a notice o£ the time and, place of the public hearing as set forth in Section 3 hereof, in the Lynwood Press, a weekly paper of general circulation published in the City of Lynwood; that said notice be published once within fifteen (15) days of the passage of said resolution and at least ten (10) days prior to the date of the hearing, and that said notice shall state that the grantee of the franchise, Socony Mobil Oil Company, Inc., and its successors and assigns,, wil� during the lifetime.of the franchise, pay to the City of Lynwood £or the privilege granted, at the rate of one- fourth (1/4) cent per inch o£ internal diameter per foot, or Eighty Dollars ($80,00) per mile, whichever is the greater, of the pipe line heretofore or hereinafter installed and maintained in public streets, alleys and ways by virtue of the authority granted by the franchise or any franchises superseded. by the franchise, and that the grantee . , Socony Mobil Oil Company, Inc., will also pay, during the lifetime of the franchise, an annual toll for telephone, telegraph and electrical power line maintained under the franchise, of Twenty-£ive Dollars ($25.00) per pole, and Twent,y-five Dollars ($25.00) per mile of under- -7- ground conduit, and that in the event the payment is not made, the franchise will be forfeited; that the notice shall also state that the term of the franchise is ten (10) years. Section 3. IT IS FURTHER ORDERED, STATED AND DECLARED that the hour of 7:30 p.m. on the 16th day of October be, and the same is hereby fixed as the hour and the day for the meeting oP the City Council in the Council Chambers of the City Hall of said city, at i which any persons having any interest in the franchise or any objection to the granting thereof may appear before the City Council and be heard thereon. APPROVED and ADOPTED this 2nd day of October 1962. � ti � �- „ r � y . • __ 0 C OF LY , -� -� - . , -A ST: �� , �' � STATE OF CALIFORNIA ) COUNZy OF LOS ANGELES: ss. � CITY OF LYNW00D ) I, the 'undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the � � City Council of said City a,t a ----- regular meeting thereof held in the_City Hall of said City, on the 2nd day of October , lg 62 , and passed by the following vote: , AYES: COUNCSLMEN Duncan, Finch, Ham McMillan, Rowe. NOES: COUNCILMEN None. � ABSENT: COUNCILMEN None. � , OD � `1 . STATE OF CALTF4R�IIA ) COUNTY OF i0S AI�TGELESD sse CITY OF' LYNWOOD ) I, the undersigned, Citv Clerlc of 'the CitJ of" Ls�nwood, _.-- _-do=hereby- cer-tif-y=the-t—the=above-and—foregoing resolution was' ' dul;� adopted b� the City Council of said City at a ---- x�°gular meeting thereof° theld in the Cit� Hall of" said Cit�, on the 2nd day of �ctober , 196 2, and passed by the following votee A�ese Cour.cilmen Duncan, Finch, Ham, MeMillan, Ro we. Noes, Counc�lmen Ab.ent: , Councilmen H.. M.. CAMPBELL _ , —� � ��SEAL) �� ��� Ci y C er , Ci y o L;�nwoo STATE OF CAL�IFORNIA ) COJNT`i OF LOS ANGELES: ss. CITY OF LI'NWOOD ) I, the undersigned,�City Clerl: of the City of Lynwood, and ex=oificic clerk of the City Council of said City, do hereb� certify that the above and ioregoing is a full, true and correct cop;� of Resolution No. 62-62 on file in my office, and that said resolution was adopted on the date and by the vote tnerein stated, Dated this 3rd � o f Oct ber � 2 , . : Ci ler , C v o Lynwoo