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CC RESOLUTION 374RESOLUTION NO. 374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO THE TEXAS COMPANY A PERMIT FOR THAT CERTAIN OIL WELL IN SAID CITY DESIGNATED AND KNOWN AS "SECURITY NO. 3 ". WHEREAS, application has been made to the City of E1 Segundo, California, by THE TEXAS COMPANY, for a permit for that certain oil well within said City, hereinafter referred to; AND, WHEREAS, after consideration of the said application, the City Council of said City is disposed to grant same, subject to the terms and conditions, regulations and requirements hereinafter set forth; NOW, THEREFORE, the City Council of the City of E1 Segundo, California, does resolve, declare and determine as follows: SECTION 1. That The Texas Company, is hereby licensed and permitted to erect one derrick for the purpose of drilling for oil, gas and /or other hydrocarbon substances, and also to install and operate the necessary drilling equipment therein for the purpose of drilling a well for oil, gas or other hydrocarbon substances, and also to install and operate the necessary machinery and equipment for operating the said well. SECTION 2. That said license or permit shall be subject to all of the terms and conditions, requirements and regulations set forth in the following form of permit issued to the said licensee. The said form of permit is as follows: 1� " P E R M I T THIS IS TO CERTIFY that THE TEXAS COMPANY, under date of May 5, 19370 by the legislative body of the City of E1 Segundo, County of Los Angeles, State of California, was granted permission to erect one derrick for the purpose of drilling for oil, gas and /or other hydrocarbon substances, and also to install and operate the necessary drilling equipment therein for the purpose of drilling a well for oil, gas or other hydrocarbon substances, and also to install and operate the necessary machinery and equipment for operating the said well upon the following express terms and condi- tions, each and every one of which must be observed and performed promptly by the licensee (whenever the same become applicable) in order to keep this permit in full and continu- ing force and effect. The said terms and conditions are as follows: First: Said derrick and its appurtenant structures shall be erected on the following described real property located in the City of E1 Segundo, County of Los Angeles, State of California, to -wit: 430.82 feet East and 329.58 feet South from the Northwest corner of Section 18, Township 3 South, Range 14 West, S. B. B. & M., Los Angeles County, California, and the said well shall be known and is hereby designated as "SECURITY NO. 3 ". Second: Said licensee shall pay to the City of E1 Segundo, California, the full amount of any license fee which may now or hereafter be reasonably required under the ordinances or laws of said City, or regulations of the legislative body thereof, and which applies to or has reference to any such derrick or well, and which said 2- - e= license fee, if and when provided for, must continue to be paid as long as drilling operations, drilling, mining, pump- ing or other operations in and about said derrick or well continue, including the production therefrom of oil, gas or other hydrocarbon substance from a flowing well, and as long as such derrick remains standing, and the same shall be promptly paid as the same becomes due and payable to said City. No fee or license fee paid, or any part thereof, shall be refunded. Third: Said derrick and /or any appurtenant strue- tune shall not be erected nearer than ten feet to the nearest property line of any public street, avenue or highway, or nearer than twenty -five feet to any existing dwelling, except upon the written permission of the owner of such dwelling duly signed and filed with the building inspector of said City. Fourth: Licensee agrees to furnish as drilling progresses, a full, true and correct copy of the log of said well for the use of said City in ascertaining the possibilities for a municipal water supply within the district, to a depth of not to exceed one thousand feet, and thereafter said licensee shall, if requested, notify said City of any water strata encountered and recorded by it, and the depth thereof, Fifth: The said licensee shall, on request of the legislative body of said City, route all heavy materials and heavy loads of materials brought to or from said well, over such streets as the said legislative body may direct; provided, however, that such streets shall be appropriately posted, at the expense of said City. Sixth: That no abandoned oil derrick or derricks used in connection with such well will be allowed to remain 3- ;v 4w 1 upon the premises where same is located for a longer period than ninety days after such abandonment. Seventh: That upon abandonment of any well drilled under this permit, the same shall be filled or plugged accord- ing to good mining practice, the derrick removed and the premises cleaned up and restored as nearly as possible to their condition as they existed at the time of the granting of this permit. Eighth: That the said licensee shall not will- fully permit any water, oil or other hydrocarbon substance to escape from said well or premises and flow in or upon any of the public streets, lanes, ways, avenues or highways of the said City of E1 Segundo, California, unless by further permit in writing from the legislative body of said City first had and obtained; provided, however, that the licensee will pay to said City, immediately upon demand therefor, the full amount of any and all damage which may be occasioned to any of such streets, lanes, ways, avenues or highways, by reason of a violation of the provisions of this section whether such violation was willful, negligent or otherwise. Ninth: The licensee does hereby further agree to erect at its own cost and expense such embankments, sump holes and protection works, as may be required in order to safeguard as far as reasonably possible, the lives and property of persons in the vicinity. Tenth: Said licensee further agrees to observe and abide by all the laws of the State of California, relating to the subject of mining for oil, gas or other hydrocarbon substances within said State, and also all valid ordinances of the City of El Segundo, California, relating thereto. Eleventh: That the said licensee shall immediately at its own cost and expense, cause to be completely repaired 4- to the satisfaction of the Street Superintendent of the City of E1 Segundo, California, any and all damage to any public street, avenue, lane, way, alley or place within the said City which may be occasioned by it or by any of its agents or employees, in or by reason of the transportation of materials or supplies, or equipment, or production, either to or from the said derrick or well, or by reason of any overflow therefrom. Said licensee shall also cooperate with the authorities of said City of E1 Segundo, in the apprehen- sion of any other persons damaging public property, upon delivering materials, equipment, supplies or production, either to or from the said well. Twelfth: That the said licensee shall at all times during the construction and operation of the said well permit the Chief of Police of said City and his officers, the City Engineer of said City and /or his authorized deputy, and the Chief of the Fire Department of said City and his duly author- ized assistants, to enter upon the said premises and into the said derrick at their own risk, so far as licensee is con- cerned, and the said Chief of Police and his officers, the City Engineer and his deputy and the Chief of the Fire Department and his assistants, shall have free and unmolested right to so enter upon the said premises and into the said derrick and structures appurtenant thereto, for the purpose of ascertaining whether or not all of the terms and conditions of this permit are being observed and kept by said licensee. Thirteenth: All of the terms and conditions herein stated, in the opinion of the legislative body of said City, are required for the purpose of protecting the public peace, health, safety and welfare of the said City of E1 Segundo, and particularly that portion of the public residing in the vicinity of the proposed well herein referred to, and the 4m licensee above named by accepting this permit and electing to operate under the same, hereby acquiesces in the find- ings of the said legislative body in such regard, and further agrees to each, all and every one of the terms and conditions set forth in this permit and promises and agrees to perform each and all of them on its part to be kept and performed. Fourteenth: This permit is not assignable except by written consent of the legislative body of the said City of E1 Segundo, California, first had and obtained; or except to a subsidiary or parent corporation of the licensee, but no such assignment shall operate to relieve the licensee herein from any obligations imposed or created herein with- out the consent of such legislative body first had and obtained, nor shall any such assignment be operative for any purpose unless and until such assignee shall have filed its written acceptance of the terms and conditions hereof. Fifteenth: This permit lapses and becomes auto- matically void unless the derrick to be erected hereunder is so erected and completed within sixty days from date hereof, unless a further extension of time within which to complete the same is granted in writing by the legislative body of said City. Sixteenth: Nothing in this permit contained shall be construed as limiting or abridging the power or rights of the legislative body of said City to prescribe more or less stringent provisions in any future permit which may be granted by said legislative body within said City. Seventeenth: Any notice to be given under the provisions of this permit will be deemed sufficient if de- posited in the United States post office at either Los Angeles, California, or E1 Segundo, California, postage prepaid, addressed to the licensee or the City of E1 Segundo, California, as the case may be, as follows: 6- The City of El Segundo, Care of City Clerk, City Hall, E1 Segundo, California; and as to the licensee:- The Texas Company, The Texas Company Building, 929 South Broadway, Los Angeles, California. The day of actual service as contemplated herein shall be construed to be the day following that upon which such notice is actually deposited in the post office. Eighteenth: The City Council reserves the right, upon ten days notice to licensee of the breach of any of the terms and /or conditions herein set forth, and the failure of licensee to remedy any such breach within said period, to cancel and revoke this permit forthwith and without any liability therefor on the part of said City, or any of its officers or agents. Nineteenth: It is further agreed and made a par- ticular condition hereof that the said derrick will be actually located and constructed, fully rigged and with necessary appurtenances, boilers, engine, pipes, etc., re- quired to efficiently operate same, within sixty days from date hereof and that said well will be actually spudded in within ninety days from date hereof, and that same will be diligently and continuously operated thereafter, with full crews, until same is completed or finally abandoned. IN WITNESS WHEREOF, this permit has been issued to said licensee above named this day of May, A. D., 1937, upon orders of the legislative body of said City, ex- pressed by resolution of said body, heretofore adopted. ATTEST: (SEAL) City Clerk Bu ng inspector of e City of E1 Segundo, California. 7- E1 Segundo, California. 1937. THE TEXAS COMPANY, Licensee above named, does hereby consent to all of the conditions, agreements, terms and requirements set forth in the foregoing permit, does hereby agree to same and does hereby further promise and agree to observe and abide by the same and each and all of them on its part to be kept and performed, and does hereby positively state and declare that this consent and agree- ment is supported by an adequate and valuable consideration passing to it, receipt of which is hereby expressly acknowledged. THE TEXAS COMPANY By: Its LICENSEE The foregoing permit is approved by me as to provisions. Mayor of the City of E Segura o, California. The foregoing permit is approved by me as to form. City Attorney of e C y o E1 Segundo, California. m SECTION 3. That the Building Inspector of the City of E1 Segundo, California, is hereby authorized and instructed to issue the said permit hereinabove referred to to said licensee, and the City Clerk of said City is hereby authorized and instructed to attest the same and to affix the official seal of said City thereto, upon receipt of a duplicate copy of the said form of permit duly executed on the part of said City and accepted in writing by The Texas Company, in the form of acceptance hereinabove set forth and which constitutes a part of the consideration for the issuance of said permit. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered in the book of re- solutions of said City, and shall make a minute of the passage and adoption thereof in the records of the proceed- ings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 5th day of May, A. D., 1937. (SEAL) City Clerk v' Mayor of the City of E1 Segundo, California. 9. u �a. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 374, was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 5th day of May, A. D., 1937, and that the same was so passed and adopted by the following vote: Ayes: Councilmen Gerow, Hesser, Love, Selby and Mayor Binder; Noes: Councilmen None: Absent: Councilmen None (SEAL) 10- f