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ORDINANCE 65041.53 ORDINANCE NO. 650 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO THE TIDEWATER OIL COMPANY, .A CORPORATION, A FRANCHISE TO MAINTAIN AND OPERATE A SYSTEM OF PIPE- LINES ON CERTAIN STREETS AND HIGHWAYS IN THE CITY OF EL SEGUNDO, CALIFORNIA. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The right, privilege and franchise is hereby granted to Tidewater Oil Company, a corporation, hereinafter called "Grantee" for a period of ten years from and after the date of the adop- tion of this ordinance, to lay, operate, maintain, use, repair, replace, reconstruct, remove and excavate for pipelines and appurtenances for the transportation of oil, petroleum products and water, over, under and across the public street and highway in the City of E1 Segundo, described as follows: Aviation Boulevard from 30 feet South of the center line of 119th Street to 155 feet North of the center line of 122nd Street; and from 123 feet South of the center line of 124th Street to the center line of Rosecrans Avenue. SECTION 2. The right, privilege and franchise herein granted is subject to the following general terms and conditions: (1) The Grantee must, within thirty days after the passage of the ordinance granting the franchise, file with the City Clerk of the City of El Segundo, a written acceptance of the terms and conditions set out herein. (2) All pipes or pipelines constructed or maintained under the pro- visions of the franchise shall be constructed and maintained in accordance and conformity with all of the ordinances, rules and regulations now or hereafter adopted or prescribed by the City of El Segundo, and shall be of first -class material and subject to the approval of the Director of Pub- lic Works. (3) The work of laying or repairing the pipelines shall be conducted 4l ,54 with the least possible hindrance to the use of the highways for purposes of travel, and as soon as the laying, constructing, erecting or repairing of any pipe is completed, all portions of the highway which have been exca- vated or otherwise injured thereby shall be placed in as good condition, as the same was before such work, to the satisfaction of the Director of Pub- lic Works of said City, and that any damage or injury suffered by any per- son by reason of any excavation, or obstruction being improperly guarded during said work, or the failure of Grantee to make the fill properly, shall be borne by the Grantee of the franchise. (4) The City of El Segundo reserves the right to require the removal as well as the relocation of any pipe line at the Cityts convenience, without cost or expense to the City. (5) Whenever any pipe, located under the surface of said highway is abandoned, the Grantee shall, within thirty days after such abandonment, file with said City Clerk of said City a statement in writing, giving in detail the location of the pipe so abandoned. (6) The Grantee shall not sell, transfer or assign or lease the fran- chise or any part thereof or any of the rights or privileges granted thereby, except with the consent of the said City; and such sale, transfer, assign- ment or lease shall be made only by a duly executed instrument in writing filed in the office of the City Clerk of said City; and nothing in the franchise contained shall be construed to grant to said Grantee any right to sell, trans- fer or assign or lease this franchise, or any of the rights or privileges thereby granted, except in the manner aforesaid. (7) The Grantee shall, during the life of the franchise, pay to the City of El Segundo an annual franchise fee computed by multiplying the sum of one -half cent ($0. 005) times the nominal internal diameter of the pipe, expressed in inches, times the number of lineal feet of such pipe within the public streets, ways, alleys or other public places; payable annually in advance on or by January 10 of each calendar year. (8) The franchise is granted upon each and every condition contained -2- 4l : -) 5 herein, and in the ordinance granting the same, and shall ever be strictly construed against the Grantee. Nothing shall pass thereby unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the franchise. Any neglect, failure or refusal to comply with any of the conditions of the franchise for more than ten days after receipt by Grantee of written notice specifying the default, shall thereupon immediately and ipso facto effect a forfeiture thereof, and the said City Council of said City may thereupon declare the franchise forfeited and may exclude the Grantee from the further use of said highways and said territory thereunder. The Grantee shall thereupon and immediately surrender all right in and to the same, and the franchise shall be deemed and shall remain null and void and of no effect. (9) The franchise shall be granted upon the further condition that the Grantee shall at all times during the life of the franchise keep on file with said City Clerk of said City, a bond running to said City in the penal sum of one thousand dollars, to be approved by said City Council, condi- tioned that said Grantee shall well and truly observe, fulfill and perform each and every term and condition of the franchise, and that in case of any breach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recovered from the principal and sureties upon said bond. If said bond be not so filed, the award of the franchise will be set aside, and any money paid therefor will be forfeited. In the event that said bond after it has been so filed, shall, at any time during the life of the franchise, become insuffi- cient, the Grantee of the franchise, by accepting the terms and conditions thereof, agrees to renew said bond within ten days after written notice so to do from said City Council of said City. SECTION 3. That this ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 4. That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the -3- 41:16 book of original ordinances of said city; shall make a minute of the pass- age and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circu- lated within said City of El Segundo, and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 28th day of Febru- ary , 1966. ATTEST: City Clerk (SEAL) Wf ayor of e City of egun o, C aliforTaia. -4- Tidewater Oil Company The Honorable City Council City of E1 Segundo City Hall 350 Main Street El Segundo, California Gentlemen: 41s` •A 11_� A 4201 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90005 WESTERN EXPLORATION & PRODUCTION DIVISION Re: Tidewater Pipeline Franchise Ordinance Number 650 I EARLE GRAY VICE PRESIDENT & GENERAL MANAGER March 22, 1966 Tidewater Oil Company does hereby accept and agree to abide by and comply with all of the terms and conditions prescribed by E1 Segundo Ordinance Number 650, passed and adopted by the Council of the City of E1 Segundo at its meeting of February 28, 1966, and shall pay all sums due and payable thereunder. Very truly yours, Tidewater Oil Company WESTERN EXPLORATION AND PRODUCTION le Gray, Vice President & General Manager CALIFJNIA, ss. )F LOS ANGELES ON March 17 , 19 , ,.�� before me, the undersigned, a Notary Public in and for said State, personally ap are ,0.0 NAP `b, J. EARLS GRAY ,known to me to a the ,.��01�� �FO� VICE President, and , known to me Qto be the Secretary of TID1a,WP,TER OIL COMPANY the Corporation that executed the within Instrument, known to me to be the persons who P� cos executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. PATSY BONNEY NAME (TYPED OR PRINTED) Notary Public in and for said State. 1GMENT— Corp., Pres. & Sec., Wolcotts Form 213 —Rev. 3-64 My Commission Expires May 31. 19a 4164--8 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, CITY OF EL SEGUNDO, Eunice.V,.. Cre §LppA o 0 . o a o 0 0 o a , City Cleric of the City of El Segundo, Col ifornio, do hereby certify that the whole number of members of the C ty Council of the said City is five; that the foregoing ordinance, being Ordinance No.. 6500 o o 0 0 , is a fud , true and correct original of Ordinance No. o X500 0 0 0 0 o of the saxd City of El Segundo° Coliforria, entitled-. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTIN G TO THE TIDEWATER OIL COMPANY, A CORPORATION, A FRANCHISE TO MAINTAIN AND OPERATE A SYSTEM OF PIPE- LINES ON CERTAIN STREETS AND HIGHWAYS IN THE CITY OF EL SEGUNDO, CALIFORNIA. "; which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Cierk of said City, o:�i at a regular meeting of the said Council held on the-. , Ath o 0 o day of. 0 0 o February o o , 1q ffl o o , and that the some was so passed and adopted by the following vote-. AYES: Councilmen. o Fredericka o� import, o McE1h�eLya o�T�g�l, ACI -. 0 0 0 0 0 ..Mayor McGilla00000 00 00 00 00000000000000000 NOES- Councilmen, xonq;5," 000000 oaooao -._0000000011- 1e000ao ABSENT: QppAq�lmvmXgiaQoo oa000 <,000e000000 000000000000 00000000000a I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of Cal°uforrio, that the foregoing Ordinance No. a U. o was duly and regularly published according to low and the o.-der of the City Council of sold City in the El Segundo Herald, a weedy newspaper of general circulation, printed, published and circulated within; the sold City and that the same was so pub - lisped therein or, the following date, to wit -.,, ooaa0000a000000 o ooa 00000p 0000000 (SEAL) 00 City Clerk of the City of Ei Segundo, Californioo Byo ooa00000_00 000000000000a00000a00000 Deputy 419 Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF EL SEGUNDO ) ... . ..... ......................... . ................. being first duly sworn, deposes and says: That be is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of , the time of the publication of the instrument hereunto attached the ............ .......... ....................... .. .. ...... Editor of EL SEGUNDO HERALD, newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, & newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; •that as provided by said section, said newspaper is published' for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of payirg subscribers; that said newsDaDer is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or -published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such classes, professions, -trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered ...................................... ........................ ......................................................... I ............................. ........................................................... hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was tset and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black-face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an Inspection of the said annexed Instru- ment; that the ........... ......... ...... (L6 .. r .......................................... ..................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least..( �. _C ...... week —0, by ... .............. consecutive publication ... =, commencing on the .....1.%........... day of _,; ...................... A. D.. /14. ,barid ending on the ........... _ ....... day of ..... Z.4.(ZZ_ ............... A. D. and as ofterl during said time as said newspaper was regu- larly issued, to-wit: ... . ........ ^.. j�......... . ........................... ......................... ................. -•-- - ........ .. ............................... .................... ............................................................. ........................ .................................................................. ............................... -,7 ..... ....... ....................... .................................................. I ........... ........... . . _iA...._: .... . .1 .............. .......... Subscribed and sworn to before me this .... day of .... ...................... A. D. 19-6 .41 ... ... I y6lk of the City of El Segundo, County of Dos Angeles, State of California. By_ ................................................................................................. Deputy City Clerk of said City.