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HomeMy Public PortalAbout62-063 (10-02-62) ( ' RESOLUTION No. 62-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS IN'I'ENTION TO GRANT A FRANCHISE TO THE SOCONY MOBIL OIL COMPANY, INC, WHEREAS, the City Council of the City of Lynwood granted to the General Pipe Line Company of California a franchise to lay, I � 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 highways in the City of Lynwood described as follows: Norton Avenue, from the East city limits of the city of Lynwood to the projection northerly o£ the western boundary line of Modjeska Boulevard, also Modjeska and Belle Vernon Boulevards, from the southern boundary line of Norton Avenue to the southern boundary line of Weber Avenue, by city ordinance No. 79, for a period of not to exceed forty years from and after the date of the granting of said franchise, and WI�REAS, the franchise granted by said city ordinance No. 79 will expire April 22 1g67 and • WHEREAS, Socony Mobil Oil Company, Inc., has succeeded to all of the rights, property and franchises of General Pipe Line Company of California, including said franchise granted by said city ordinance No. 79 , and WHEREAS, 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 City ordinance No. 79 , and . WI�REAS, Socony Mobil Oil Company, Inc., has written a letter to the City of Lynwood stating that it is willing to surrender its present franchise under city ordinance No. 79 prior to expiration, and in lieu thereof, accept a new franchise with such terms and conditions -1- as may'be imposed by the City Council, City Engineer and City Attorney, and WHEREAS, it would appear that it would be well to have the two franchises of this company running concurrently, and that the per inch of internal diameter per foot or $80.00 a mile, basis for deter- mining compensation to city superior to the percentage of gross receipts basis, NOW, THEREFORE, the City Council of the City of Lynwood does resolve as follows: Section 1, That it is the intent3on of said City Council to grant to said Socony Mobil Oil Company, Inc,, said franchise for the said term and purposes afflresaid, said franchise to be upon the following terms, provisions and conditions, to wit: (1) That 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 franchis'e shall be subject to all of the pro- visions of any and all ordinances of the City of Lynwood. In case of any con£lict between any provision hereof and said ordinance, 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 o£ the ordinance granting the franchise a written acceptance thereof, and shall at the same time file with the City Clerk of the City of Lynwood a written declaration of surrender of its franchise under city ordinance No. 79. �5) The grantee shall have the right, subject to such regulations, laws and ordinance as are now or may hereaPter be in force, to make all necessary excavations in the public streets, alleys and ways for the construction, maintenance, operation, renewal, repair, change in the size and- number of, and removal of pipe lines, pole lines -2- 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 conducted with the least possible obstruction and ineonvenience to the public and with the least possible hindrance to the use of the streets, alleys and ways for purposes of travel. Al1 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, the City Council and other officers, 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 d,amage 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 o£ all such facilities and their appur- tenances where necessary to conform to such change or line. �ny 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 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 failure of any o£ 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 -3- repairs at the cost and expense of the grantee, which cost, by the acceptance o£ the franchise, the grantee shall agree to pay upon demand. (9) The grantee o£ this £ranchise shall, during the life hereof make annual payments to the City of Lynwood,, in lawful money of the United States, for the privilege hereby granted, at the rate of one-fourth (1/4) cent`e � 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 I 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) per 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, 1963) for the twelve (12) monthst. 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 o£ said twelve (12) months�A period, the payment therefor shall be computed in the proportion which the number of days in the said fractional part of the twelve (12) monthst 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, showing 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 applied £or, £eet laid, and size of all new lines laid or constructed. (10) Grantee shall not permit any right or privilege granted by the franehise to be exercised by another, nor shall the franchise or -4- any interest therein or any rilht or privilege thereunder be in whole I or in part sold, transferred, l 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 granteens property, which transfer, mortgage or hypothecation shall be for the purpose of securing as indebtedness of grantee or for the purpose of renewing, extending, refunding, retiring, paying or cancelling in whole or in part any such indebtedness at any time or from time to time. Any such sale, lease, assignment or other disposition of fran- chise for 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 franehise, the grantee 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 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 accompanied by the pay- ment of an amount of money 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. (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 default within thirty (30) days'after notice from the city, the City Council may, at its option, exercised by resolution or ordinance, declare the franchise forfeited.. Upon such declaration -5- -- of for£eiture 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 terminated and the city may thereafter exclude the grantee from further use of the public streets, alleys and ways under the franchise. (13) The work of constructing, maintaining, operating, i renewing, repairing, changing the size or number or removing any 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, ordinances and enactments of the City of Lynwood and, of such £ederal, state and county authorities as may have jurisdiction over said facilities; provided, however, that in each instance the paramount authority shall be binding on the grantee, and the City o£ Lynwood hereby reserves all regulatory power by law allowed to it over and with reference to the franchise and the exercise o£ rights, powers, andprivileges under the same by the grantee. (14) Said franchise is not and shall not be exclueive. 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 for said franchise has been made to said City Council, together with a statement that it is pro- 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 bf the hearing, and that said notice shall state that the grantee of the franchise, Socony Mobil Oil Company, Inc., and its successors and assigns, will, during the lifetime of the franchise, pay to the City of Lynwood for the privilege granted, at the rate of one-fourth (1/4) cent per inch of internal diameter per foot, or Eight,y Dollars ,($80.00) per mile, whichever is the greater, of the pipe line - 6- 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 lines maintained under the franchise, of Twenty-five Dollars ($25,00) per pole, and Twenty-£ive Dollars ($25,00) per mile of underground cond,uit, 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 of the City Council in the Council Chambers of the City Hall of said city, at 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 ADOPZ'ED this 2nd day of October 1g62. ���.� ,�1Y/��� / Y F' IHE Y OF LYN 00 v A T: �� , 0 L I � STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CITY OF LYNWOOD ) 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 tne.City Hall of said City, on the 2nd day of October 19 62 and passed by the following vote: AYES: COUNCILNIEN D uncan, F in e ti, H McMillan, Rowe. , NOES: COUNCILMEN None. ABSENT: COUNCILMEN None. � - ' � ' -~ V � � �`" � ,. OD STATE OF CALIFr,R�IA ) COUNTY OF I�OS ANGELESe ss, CITY OF LFPJWOOD ) I, the undersigned, Citg Clerk of 'r,he City oi` Lynwood, � do here�y certify _tha-t-the above• and foregoing resolu'tion wat duly adoptc;d by the City Council of �aid City a't a '-----" regular meeting thereof° held in the Cit,y Hall of said City, or. the 2nd day of O ctober , lg6 z , and passed by the f'ollowing vote, Aye�. Couneilmen Dunca Fin ch, H am, McMillan, Rowe. Noes Couneilmen None. � Absent� Councilmen None. H, M. C�MPBELL "`"' - "I`S�AL) ���� � LL ' Ci ,y C er , Ci y o Lynwoo STA`I`E OF CALIFORNIA ) COUNTY OF LOS ANGELES: ss. CSTY OF LYNW00D ) I, the undersigned, City Clerk of the City of Lynwood, and ex-ofPicio clerk of the City Council of said City, do hereby certify that the above and foregoing is a fuli, true and correct copy of Resolution Noo 6z-63 on file in my office, and that said resolution was adopted on the date and by the vote therein � stated , .. . _ _. Dated this 3rd of Octo r , 196 2, y - C1 er , y o ynwoo .` . w, -