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CC RESOLUTION 2183follows: RESOLUTION NO. 2183 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE TO SELL A FRANCHISE, FOR A PERIOD OF TWENTY -FIVE (25) YEARS, TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW, REPAIR, RE- PLACE AND REMOVE OR ABANDON IN PLACE A PIPELINE AND APPURTENANCES, FOR THE PUR- POSE OF CONDUCTING, TRANSPORTING, CONVEY- ING, AND CARRYING OIL, ONLY, IN AND UNDER CERTAIN PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF EL SEGUNDO. The City Council of the City of El Segundo does resolve as WHEREAS, Southern California Edison Company, a corpora- tion, has made application to the City Council of the City of El Segundo for a franchise more particularly described in the "Notice of Sale of Franchise" hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED that the City Council proposes to grant said franchise in the manner provided by law, substan- tially in the form and upon the terms and conditions hereinafter set forth in the "Notice of Sale of Franchise "; BE IT FURTHER RESOLVED, that the City Clerk of the City of E1 Segundo be, and she is hereby authorized and directed to publish the following Notice of Sale of Franchise in the EL SEGUNDO HERALD, a news- paper of general circulation in said City, once a week for four (4) successive weeks, beginning with the issue of the 26th day of substantially in the following form, to wit: "NOTICE OF SALE OF FRANCHISE April , 1967, NOTICE IS HEREBY GIVEN that an application has been made to the City Council of the City of El Segundo, State of California, by Southern California Edison Company, a corpora- tion, for the franchise hereinafter described, and it is proposed by said City Council to offer for sale and to grant b -v ordinance, to the highest bidder, said franchise on the terms and conditions hereinafter mentioned. Said franchise is described and will be granted substan- tially in the following form: The franchise is hereby granted to , a person, firm or corporation, organize and exis ing un er a laws of the State of 2 1(': ?_7 `7 its successors and assigns, for a period of twenty -five (25) years from the effective date of this ordinance granting said franchise, to construct, lay, operate, maintain, use, renew, repair, replace and remove or abandon in place a pipeline, together with such valves, fittings, manholes, vaults, pumps and other appliances, appurtenances, attachments or equip- ment as the Grantee, its successors and assigns, may deem necessary or convenient for the purpose of conducting, trans- porting, conveying, and carrying oil only, in and under cer- tain public streets, ways, alleys and places within the City of E1 Segundo, State of California, as follows: Crossing Vista Del Mar Boulevard at a location adjacent to Southern California Edison Company's El Segundo Steam Plant property; crossing Rosecrans Avenue at the intersection of said Avenue and Elm Avenue. The terms and conditions upon which said franchise is to be granted are as follows: 1. The word "Grantee" wherever used herein shall mean and include Grantee and its successors and assigns. 2. The pipeline for conducting, transporting, convey- ing and carrying oil to be constructed and operated under this franchise shall be built and constructed in a good and workman- like manner and of good material, and such pipeline laid, located or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, ways, alleys and places by the traveling public or for public purposes, and in laying said pipeline the Grantee of said franchise shall make and backfill all excavations in such manner and way as to leave the surface of the public street, way, alley or place in as good condition as it was prior to said excavation, and that the Director of Public Works shall make the sole determination as to whether or not the street, alley, or place has been re- placed in the same fashion as it was before such excavation, as well as to conform to the statutes of the State of California and such instructions and directions as the City Council may, by ordinance or resolution, require, provided that said instructions and directions of the said City Council are not in conflict with any paramount authority of the State of California. The work to erect or lay said pipeline shall be commenced in good faith within not more than four months from the granting of this franchise and if not so commenced the franchise shall be declared forfeited. 3. Any damage done directly or indirectly to any public improvement by Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by said Grantee at its sole cost and expense. 4. The Grantee shall, during the life of this franchise, pay to the City of El Segundo, in lawful money of the United States, and in the manner provided by law, two percent (21o) of the gross annual receipts of the Grantee arising from the use, operation or possession of this franchise within the City of El Segundo. This franchise is not a renewal of a right already in existence and there- fore no percentage shall be paid for the first five (5) years succeed- ing the date of this franchise, but thereafter such percentage shall be paid annually. In the event that such payment is not made, -2- the City Council of the City of El Segundo may declare said franchise forfeited. The Grantee of this franchise, not later than three (3) months after the expiration of the calendar year after the first five (5) years succeeding the effective date of this ordinance granting said franchise, and within three (3) months after the expiration of each and every calendar year thereafter, shall file with the City Clerk of the City of El Segundo a duly veri- fied statement showing in detail the total gross receipts of said Grantee during the preceding calendar year or such fractional calendar year arising from the use, operation or possession of this franchise within said City of El Segundo, and within fif- teen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of El Segundo in lawful money of the United States, the aforesaid two percent (2 %) of its gross receipts arising from the use, opera- tion or possession of this franchise during said preceding calen- dar year, or such fractional calendar year. Any neglect, omis- sion or refusal of said Grantee to file said verified statement, or to pay percentage, at the time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder. 5. The said Grantee shall not sell, transfer or assign this franchise, or any of the rights or privileges granted here- by, except upon the approval of the City Council first had and obtained, and thereafter subject to a duly executed instrument in writing, filed in the office of the City Clerk of the City of El Segundo, and provided, further, that nothing in this fran- chise contained shall be construed to grant to said Grantee, any right to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid; Grantee shall not grant, assign or otherwise permit the use of said pipeline for any other purpose or purposes than to furnish oil to Grantee's electric generating stations for the purpose of supplying oil to operate electric generators. 6. Any neglect, failure or refusal to comply with any of the conditions of this franchise may work a forfeiture hereof, and the said City, by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of the public streets, ways, alleys, and places of said City under this franchise; and said Grantee shall there- upon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect. 7. This Ordinance shall take effect thirty (30) days after its final passage. 8. The Grantee shall remove or relocate without expense to the City of El Segundo any facilities installed, used, and maintained under the franchise if and when, in the opinion of the City Council of said City, it is necessary by reason of any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction _of any subway or viaduct, and for any other paramount public purpose as may be determined by the City of El Segundo. 9. Whenever any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any other municipal corporation, or of the County of Los Angeles, -3- 1('., 79 or of any other county, the rights reserved under this fran- chise to the City of E1 Segundo, or any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers. 10. The provisions of this franchise and all rights, obli- gations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. 11. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the E1 Segundo Herald, a newspaper of general circulation published and circulated in said City. Notice is hereby given that sealed bids in writing will be received for said franchise up to 7: 00 o'clock P , M. , on the 12th day of June ; 1 , and a - time above - men lone and in the Councii Roo m of the City Council of the City of E1 Segundo, any and all sealed bids will be opened; that all bids must be for payment of a stated sum in lawful money of the United States, and that the franchise will be struck off, sold, and awarded to the person, firm or corporation making the highest cash bid therefor, but not less than $500. 00; that at the time of the opening of the bids any person, firm or corporation, who to the satisfac- tion of the City Council is responsible, present or represented, may bid for the franchise a sum not less than ten percent (10 %) above the highest sealed bid therefor, and the bid so made may be raised not less than ten percent (10 %) by any other responsible bidder and the bidding may so continue until the franchise is finally struck off, sold, and awarded to the highest responsible bidder therefor in lawful money of the United States. The City Council reserves the right to reject any and all bids. Each sealed bid shall be accompanied with cash or a certi- fied check payable to the Treasurer of the City of El Segundo for the full amount of the bid, and no sealed bid shall be considered unless said cash or check is enclosed therewith. The successful bidder shall deposit at least ten percent (1010) of the amount of his bid with the City Clerk of the City of El Segundo before the franchise is struck off to him. If the successful bidder fails to make the deposit immediately, his bid shall not be received, and is void, and the franchise shall then and there be again offered for sale to the bidder who makes the highest cash bid therefor, subject to the same conditions as to deposit as above - mentioned. This procedure shall be had until the franchise is struck off, sold and awarded to a bidder who makes the necessary deposit of at least ten percent (10 %) of the amount of his bid as herein provided. The successful bidder shall deposit with the City Clerk of the City of E1 Segundo, within twenty -four (24) hours of the acceptance of his bid, the remaining ninety percent (9016) of the ammunt thereof. If the bidder fails to deposit with the City Clerk of the City of El Segundo the remaining ninety percent (9016) of his bid within twenty - four (24) hours after its acceptance, the award to him of the fran- chise shall be set aside, the deposit made by him shall be forfeited, and no further proceedings for a sale of the franchise shall be had unless it is readvertised and again offered for sale in the manner hereinbefore provided. DATED THIS 10th day of April_ , 1967. By order of the City Council ol said i y. -4- Ulty Cleft (SEAL) City of E1 Segundo. " 10:1 , 0 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 resolutions of the said City of El Segundo; and shall make a minute of the passage and adoption thereof in the records of the proceedings 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 10th day of April , 1967. ATTEST: � Fdo, nw (SEAL) � s ayor of e city ol hi Segundo, California. •5- STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS ) CITY OF EL SEGUNDO ) I, EUNICE U. CREASON, 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.2183 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 10th day of April , 196 7 , and that the same was so passed and adopted by the following vote: AYES: Councilmen Carr, Frederick, McElhaney, NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City thisllth day of April , 196 7 A0�5: . Gu y Clerk of the City of egun o California (SEAL)