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CC RESOLUTION 2882A, WHEREAS, Southern California Edison Company, a California corporation, has filed with the City Council of the City of El Segundo a written application dated November 15, 1978 requesting that a franchise be granted to it of the character and for the purpose mentioned in the form of notice hereinafter set forth; and WHEREAS, said application was referred to the Director of Public Works by the City Manager for study and recommendation to said Council; and WHEREAS, said Director- of Public Works has now made a report to this Council recommending that said franchise be awarded said applicant in accordance with said application and the terms and conditions of this resolution; and WHEREAS, Southern California Edison Company, a California corporation, shall deposit with the City Treasurer the sum of $1,500.00 to cover the administrative expenses of the City incurrred in connection with this franchise; and the further sum of $500.00 to cover the expenses of publications incurred in connection with the granting of this franchsise. If said deposit of $500.00 should not be sufficient to cover- the expenses of publication, applicant agrees to pay the balance of the publication costs within thirty days after the City furnishes applicant with a written statement of the expenses. Should the expenses of publi- cation be less than the $500.00 deposited for publication expen- ses, the City agrees to refund to Southern California Edison RESOLUTION NO. 2882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DECLARING ITS INTENTION TO GRANT A FRANCHISE TO SOUTH- ERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE OF THE RIGHT FOR A PERIOD OF TWENTY -FIVE YEARS FROM THE GRANTING THEREOF TO LAY, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, RENEW, REPLACE, REPAIR, REMOVE AND/ OR ABANDON IN PLACE, ONE SIXTEEN (16) INCH • PIPELINE FOR THE TRANSPORTATION OF OIL, WATER AND /OR STEAM, WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS IN SAID CITY. WHEREAS, Southern California Edison Company, a California corporation, has filed with the City Council of the City of El Segundo a written application dated November 15, 1978 requesting that a franchise be granted to it of the character and for the purpose mentioned in the form of notice hereinafter set forth; and WHEREAS, said application was referred to the Director of Public Works by the City Manager for study and recommendation to said Council; and WHEREAS, said Director- of Public Works has now made a report to this Council recommending that said franchise be awarded said applicant in accordance with said application and the terms and conditions of this resolution; and WHEREAS, Southern California Edison Company, a California corporation, shall deposit with the City Treasurer the sum of $1,500.00 to cover the administrative expenses of the City incurrred in connection with this franchise; and the further sum of $500.00 to cover the expenses of publications incurred in connection with the granting of this franchsise. If said deposit of $500.00 should not be sufficient to cover- the expenses of publication, applicant agrees to pay the balance of the publication costs within thirty days after the City furnishes applicant with a written statement of the expenses. Should the expenses of publi- cation be less than the $500.00 deposited for publication expen- ses, the City agrees to refund to Southern California Edison Company the difference between the publication costs and $500.00. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE AND DETERMINE AS FOLLOWS: FIRST: That the application of Southern California Edison Company, dated November 15, 1978, hereinabove referred to, be and the same is hereby ordered placed on file in the office of the City Clerk of said City and open to public inspection for the purpose of identification and reference. SECOND: That it is proposed to grant said franchise, and that the terms, provisions, conditions and restrictions there- of are all as indicated, set forth and described in the following form of notice: "NOTICE OF INTENT TO GRANT A FRANCHISE TO LAY, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, RENEW, REPLACE, REPAIR, REMOVE AND /OR ABANDON IN PLACE, ONE SIXTEEN (16) INCH PIPELINE FOR THE TRANSPORTATION OF OIL, WATER AND /OR STEAM, "NOTICE IS HEREBY GIVEN that Southern California Edison Company, a California corporation, has filed its application with the City Council of the City of E1 Segundo, for a franchise granting the right, for a period of twenty -five years to lay, construct, install, operate, maintain, renew, replace, repair, remove and /or abandon in place, one sixteen (16) inch pipeline for the transportation of oil, water and /or steam, together with all manholes, valves, service connections and appurtenances necessary and convenient to properly maintain and operate said pipelines, including facilities necessary for cathodic protection of pipelines, in, under, along and across those certain portions of public streets, highways, alleys and other public ways hereinafter described; and that it is proposed by the said City Council of the City of El Segundo to grant to Southern California Edison Company, a California corporation, upon the terms and conditions hereinafter contained the following described franchise: "A franchise to lay, construct, and for a period of twenty -five (25) years, and as hereinafter provided, to install, operate, maintain, renew, replace, repair, remove and /or abandon in place, one sixteen (16) inch pipeline for the transportation of oil, water and /or steam, together with all manholes, valves, service connections and appurtenances necessary and convenient to properly maintain and operate said pipelines, including facilities necessary for cathodic protection of pipelines, in, under, along and across; those certain portions of public streets, highways, alleys and other public ways - 2 - • of the City of El Segundo hereinafter described on the attached Exhibit W. "That Southern California Edison Company, its successors or assigns, is hereby granted said franchise upon and subject to the terms and conditions herein- after contained, and said grantee of said franchise shall file written acceptance of said terms and condi- tions with the City Clerk within thirty (30) days after the adoption of this ordinance. Said terms and conditions are as follows: Is " That the term of said franchise shall be for a period of twenty -five (25) years from and after the date of granting such franchise. "That franchise is granted and shall be held and enjoyed only upon the terms and conditions herein con- tained, and that the grantee must, within thirty (30) days after the granting of this franchise, file with the clerk of the City Council a written acceptance of the terms and conditions herein expressed. The word "grantee" whenever used herein shall be held to include the grantee or grantees, its successors or assigns. "That the grantee shall have the right to con- struct and maintain such traps, manholes, valves, appliances and attachments as may be necessary or convenient to properly maintain and operate the pipe- lines under said franchise, including all facilities necessary to provide cathodic protection for the pipelines, and said traps, manholes, appliances, and attachments, shall at all times be kept flush with the surface of the street and so located as to con- form to any order of the City Council in regard thereto, and not to interfere with the use of the street for travel. The grantee shall have the right, subject to such regulations as are now, or may here- after be, in force, to make all necessary excavations in said street for the construction and repair of said pipelines, traps, manholes, appliances, and attachments. "All pipes, pipelines, traps, manholes, attach- ments, and appliances constructed or maintained under the provisions of said franchise shall be constructed and maintained in accordance with, and in conformity with, all the ordinances, rules, and regulations now or hereafter adopted or prescribed by the City Coun- cil of the City of El Segundo, County of Los Angeles, State of California; provided, however, that all pipes and pipelines laid under said franchise shall be of first class material, shall conform to applica- ble standards set forth in the American National Standard Code for Pressure Piping, ANSI B31.4 -1974, or its latest revision, and shall be subject to the approval of the City Engineer; and, provided further, no pipelines laid hereunder shall exceed sixteen (16) inches in internal diameter. "All excavations for laying, moving or repairing, said pipelines and appurtenances hereunder shall be - 3 - • done in such manner as not: to interfere with the free use of the streets by the public, except such tempo- rary interference as may be reasonably necessary or incident to the proper excavation of said work. That all excavation shall be made and refilled in strict compliance with the ordinances, resolutions and orders of the City of El Segundo, that may be in force at the time of the performance of such work. That the gran- tee of said franchise shall make such deposits of money with the City Treasurer or such other officer of the said City as may be designated by such ordinan- ces, resolutions, orders or otherwise by law, and as may be from time to time from required persons making excavations in the streets of said City, for the purpose of insuring the restoration of all streets to a good and perfect condition along such excavations. "That the work of laying down and constructing any pipelines hereunder shall be done to the satisfac- tion of the City Engineer of the City of El Segundo, and subject to his inspection and shall be equipped with gate valves and other protective devices as may be required from time to time. "That as soon as the laying or repairing of any pipes or appliances is completed, all portions of the streets which have been excavated or otherwise injured thereby shall be placed in as good condition as the same were before the laying of such pipes, and to the satisfaction of the City Engineer. That any damage or injury suffered by any person or pro- perty by reason of any negligence on the part of grantee, its agents, servants and employees, or which results from any excavation being�improger- ly­.guarded during such work shall be borne by the grantee of said franchise, and grantee shall indemnify and save the City, its officers, servants, agents and employ- ees, harmless therefrom. "That the City of El Segundo reserves the right to change the grade of any highway over that portion of the City of E1 Segundo over which said franchise is granted, or to locate or relocate municipal water pipes, sewer lines or other municipal subsurface installations, and that grantee shall, within thirty (30) days after demand by City, start to change the location of all pipes, conduits, traps, manholes, appliances and attachments laid, constructed or erected hereunder, so as to conform to such change of grade, or such location or relocation of subsur- face installations, and proceed diligently to com- plete such relocation, all at the grantee's own expense, and in case the grantee shall fail to comply with the instructions given therefor, the City of E1 Segundo may cause the work required to be done and shall keep an itemized account of the cost there- of, which the said grantee by the acceptance of said franchise shall agree to pay immediately upon its being presented to said grantee. "That if any street or portion thereof along, across, or under which any pipelines or appurtenances - 4 - rinstalled or maintained hereunder, shall be damaged by reason of any leak or leaks, or by reason of any other cause arising from the operation or extension of such pipelines under such street or portion there- of, then grantee shall at its own cost and expense immediately repair any and all such damage and restore said street or portion thereof to as good condition as before such leak or cause of damage occurred, such work to be done under the direction of the City Engineer, and to his satisfaction. "The grantee of this franchise shall have the • right during the period for which this franchise is granted to transport oil, water, and /or steam through said pipelines. "The provisions of said franchise and all rights, obligations and duties thereunder shall inure to and be binding upon the grantee, its successors or assigns. "That said grantee shall, during the life of said franchise, pay to the City, of E1 Segundo, in lawful money of the United States, an annual franchise fee in an amount of $2,500.00, said amount has been agreed upon by the applicant and the City in accordance with Section 6231 of the Public Utilities Code of the State of California; provided, however, that the amount of each annual payment shall be revised at the time of payment in accordance with the following formula: a) The 'Producer Price Index (Finished Goods)', prepared by the United States Bureau of Labor Statistics, Department of Labor, for the calendar year 1978 shall be taken as the base upon which the above franchise fee is computed. b) If the said index for the last calendar month ending more than ninety (90) days prior to the date upon which payment to the City shall be due, shall stand at other than said average 1978 rate, then the rate of payment to the City shall vary from said here - inabove rates in direct proportion as said index has increased or decreased from the 1978 average. C) If said Bureau shall revise the said index, the parties hereto shall accept the method of revision or conversion recommended by the said Bureau. d) If said Bureau shall discontinue the prepa- ration of Producer Price Index (Finished Goods) using prices prevailing in the year 1967 as a base of 100, and if no transposition table prepared by said Bureau is available which is applicable to said year of 1967, then the amount of each annual payment shall be at the amount last computed by the above formula. "Such franchise shall be forfeited upon any failure, refusal or neglect of said grantee to make any such payments. Said annual payment so long as required by law shall be accompanied by a statement, verified by the oath of a duly authorized representa- tive of the grantee showing (so long as required by - 5 - K 0 Section 6299 of the Public Utilities Code of the State of California) the gross receipts of the grantee for the preceding calendar year arising from the use, operation or possession of said franchise. "Upon any neglect, failure, or refusal, by said grantee to file said verified statement, when required, or to pay the percentage of the gross annual receipts, or to pay the said franchise fee herein set forth the City Council may declare said franchise forfeited, and may exclude the grantee from any further use of the . public highways, streets or alleys, included in said franchise; and said grantee shall thereupon and imme- diately surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void, and of no effect; provided, however, the neglect failure, or refusal of the grantee to file a verified statement of the percentage of gross annual receipts shall not effect a forfeiture of this franchise if the City Council determines that such condition may be waived and Section 6300 of the Public Utilites Code of the State of California is amended to permit the omission of such report. "The grantee shall not sell, transfer or assign this franchise or the rights or privileges granted thereby without the consent of the City Council, nor shall the franchise or the rights or privileges be sold, transferred or assigned, except by a duly exe- cuted instrument in writing filed in the office of the City Council of the City of El Segundo, and nothing in the franchise contained shall be construed to grant to said grantee any right to sell, transfer or assign the franchise or any of the rights or Privileges granted except in the manner aforesaid. "The grantee shall be privileged to open the street for line testing, without penalty, on two days each year. "The grantee shall be permitted to open the street to repair its lines,, provided he first obtains a permit from the City Engineer, pays the customary charges, and sets forth an agreed upon reasonable number of days within which said work is to be com- pleted. In the event said work is not completed within the agreed upon number of days, the grantee shall pay Two Hundred Dollars ($200.00) per day as liquidated damages for eacht day that the street is open beyond the period of time expressed in the permit. "The grantee shall, by acceptance of this fran- chise, agree to remove any pipelines installed here- under within ninety (90) days after the surrender or termination of this franchise unless permission to abandon said pipelines in place is granted by the City Engineer and, in the event that such permission is granted by the City Engineer, the grantee shall, by the acceptance of this franchise, agree to comply with any terms or conditions imposed by the City Engineer upon such abandonment in place. "The grantee of said franchise shall, within five (5) days after the granting of said franchise, file with the City Clerk of said City of El Segundo, a bond running to the said City of E1 Segundo, and at all times thereafter maintain in full force and effect, an acceptable corporate surety bond, in the amount of Fifty Thousand Dollars ($50,000.00), effective for the entire term of the franchise, and conditioned that in the event the grantee shall fail to comply with any one or more of the provisions of the franchise, then there shall be recoverable jointly and severally from the principal and surety of such bond, any damages suffered by the City as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of property, up to the full amount of the bond; said condition to be a continuing obligation for the duration of the franchise and thereafter until the grantee has liquidated all of its obligations with the City that may have arisen from the acceptance of this franchise by the grantee or from its exercise of any privilege herein granted. Neither the provisions of this paragraph, any bond accepted by the City pursuant thereto, nor any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the grantee or to limit the liablity of the grantee under the franchise or for damages, either to the full amount of the bond or otherwise. "NOTICE IS HEREBY FURTHER GIVEN, that a public hearing will be held by the City Council of the City of El Segundo, California, concerning the granting of said franchise and all persons having any objec- tions to the granting thereof may appear before the City Council and be heard thereon. Said public hearing will be held by the City Council of the City of E1 Segundo, California, at the hour of 7:00 p.m. on Tuesday, the 2nd day of January, 1979, in the Council Chamber of the City Hall of said City, located at 350 Main Street, in the City of El Segundo, County of Los Angeles, State of California." THIRD: That the City Clerk of said City is hereby directed to publish a notice at least once in the EL SEGUNDO HERALD, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose, within fifteen days after the passage of this resolution, and that said notice shall be in the form of "NOTICE OF INTENT TO GRANT A FRANCHISE TO LAY, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, RENEW, REPLACE, REPAIR, REMOVE AND /OR ABANDON IN PLACE, ONE SIXTEEN (16) INCH PIPELINE FOR THE TRANSPORTATION OF OIL, WATER AND /OR STEAM. ", hereinabove set forth in section "SECOND" of this resolution. - 7 - FOURTH: That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council. of said City of the meeting at which the same is passed and adopted. • FIFTH: That this resolution shall remain inoperative unless Southern California Edison Company makes the deposits of $1,500.00 and $500.00 on or before December 15, 1978. . SIXTH: That this resolution shall take effect imme- diately. PASSED, APPROVED and ADOPTED this 5th day of December , 1978. ATTEST: ( SEAL) • City Clerk -�fo- ZB lzjl� Mayor of the City of El Segundo, California - 8 - iEXHIBIT "A" PIPELINE ROUTE Commencing in Rosecrans Avenue at a point 809.57+ feet west of the centerline of Bell Avenue; thence easterly in Rosecrans Avenue to a point near the centerline of Elm Avenue; thence southerly to the northerly boundary line of the City of Manhattan Beach. . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, VALERIE A. BURROWES City Clerk of the City of El 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. 2882 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 ay of December 1978 and that the same was so passed and adopted by the following vote: AYES: Councilmen Benson, Bue, Nagel, Van Vranken and Mayor Balmer NOES: Councilmen None ABSENT: Councilmen Nome WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 8th day of [)ecember 197 8 (SEAL.) :1 -�T City Clerk of the City of El Segundo, California