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,
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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
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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
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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
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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
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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
($5,000,000.00) without the consent of the city expressed
by resolution; provided, however, that the provisions of
the franchise shall not require any such consent and no
consent shall be required for any transfer by grantee in
trust or by way of mortgage or hypothecation covering all
or any part of granteeIS property, which transfer, mortgage
or hypothecation shall be for the purpose of securing as
indebtedness of grantee or for the purpose of renewin�,
extending, refunding, retiring, paying or cancelling in
whole or in part any such indebtedness at any time or
from time to time. Any such sal��, le��se, assignment or
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other disposition of franchise £or which consent of
the city is required hereunder shall be evidenced by a
duly executed instrument in writing filed in the office
of the City Clerk,
(11) On or before the first day of May and November
of each year during the life of �the franchise, the grantee
shall render to the city a statement showing in detail
the total length�of any pipe line or telephone line con-
structed, removed or abandoned under the franchise during
the preceding six-monthst period, together with a map or
maps accurately showing the location in the public streets,
alleys or ways of any such pipe line or telephone line
so constructed, removed or abandoned, Said statements
and maps shall be �ccompanied by ±he payment of an amount
of money equal to the rate of One Hundred Dollars ($�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,
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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
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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-
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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.
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� 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
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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.
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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
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Ci ler , C v o Lynwoo