ORDINANCE 6664 21
ORDINANCE NO. 666
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, GRANTING TO SOUTHERN CALI-
FORNIA EDISON COMPANY, ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE FOR A PERIOD OF
TWENTY -FIVE (25) YEARS, TO CONSTRUCT,
LAY, OPERATE, MAINTAIN, USE, RENEW, RE-
PAIR, REPLACE, AND REMOVE OR ABANDON
IN PLACE A PIPELINE AND APPURTENANCES,
FOR THE PURPOSE OF CONDUCTING, TRANS-
PORTING, CONVEYING 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, CALI-
FORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That a franchise be, and the same is hereby
granted to Southern California Edison Company, a corporation organized
and existing under the laws of the State of California, 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, main-
tain, 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 equipment as the
Grantee, its successors and assigns, may deem necessary or convenient
for the purpose of conducting, transporting, conveying, and carrying oil,
only, in and under certain public streets, ways, alleys and places within
the City of E1 Segundo, State of Cali.fornia,as follows: Crossing Vista Del
Mar Boulevard at a location adjacent to Southern California Edison Com-
panyts El Segundo Steam Plant property; crossing Rosecrans Avenue at
the intersection of said Avenue and Elm Avenue.
SECTION 2. The word "Grantee" wherever used herein shall
mean and include Grantee and its successors and assigns.
SECTION 3. The pipeline for conducting, transporting, con-
veying and carrying oil, to be constructed and operated under this fran-
chise shall be built and constructed in a good and workmanlike manner
and of good material, and such pipeline laid, located or maintained under
4214
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 pub-
lic 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 replaced in the same fashion as it was before such exca-
vation, as well as to conform to the statutes of the State of California,
and such instructions and directions as the City Council may, by ordi-
nance or resolution, require, provided that said instructions and direc-
tions of the said City Council are not in conflict with any paramount autho-
rity 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 grant-
ing of this franchise and if not so commenced the franchise shall be declared
forfeited.
SECTION 4. Any damage done directly or indirectly to any pub-
lic 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.
SECTION 5. 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 (216) of the gross annual receipts of the
Grantee arising from the use, operation or possession of this franchise within
the City of E1 Segundo. This franchise is not a renewal of a right already in
existence and therefore no percentage shall be paid for the first five (5) years
succeeding the date of this franchise, but thereafter such percentage shall be
paid annually. In the event that such payment is not made, 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 suc-
-2-
ceeding 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 verified statement showing in detail the total gross receipts of
said Grantee during the preceding calendar year or such fractional calen-
dar year arising from the use, operation or possession of this franchise
within said City of E1 ' Segundo, and within fifteen (15) days after the time
for filing the aforesaid statement, the Grantee shall pay to the City Treas-
urer of the City of El Segundo in lawful money of the United States, the
aforesaid two percent (216) of its gross receipts arising from the use,
operation or possession of this franchise during said preceding calendar
year, or such fractional calendar year. Any neglect, omission or refusal
of said Grantee to file said verified statement, or to pay said 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.
SECTION 6. The said Grantee shall not sell, transfer or assign
this franchise, or any of the rights or privileges granted hereby, 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 franchise 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 genera-
ting stations for the purpose of supplying oil to operate electric generators.
SECTION 7. 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 thereupon
surrender all rights in and to the same, and this franchise shall be deemed
-3-
and shall remain null, void and of no effect.
SECTION 8. This ordinance shall take effect thirty (30) days
after its final passage.
SECTION 9. The Grantee shall remove or relocate without
expense to the City of E1 Segundo any facilities installed, used, and main-
tained 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, align-
ment, 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.
SECTION 10. 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, or of any
other county, the rights reserved under this franchise to the City of El
Segundo, or any officer thereof, shall inure to the benefit of such muni-
cipal corporation or county, and its appropriate officers.
SECTION 11. The provisions of this franchise and all rights,
obligations and duties hereunder shall inure to and be binding upon the
Grantee, its successors and assigns.
SECTION 12. The City Clerk shall certify to the passage and
adoption of this ordinance; shall cause the same to be entered in the book
of original ordinances of said city; shall make a minute of the passage 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 E1 Segundo Herald, a
weekly newspaper of general circulation published and circulated within
said City of Hl Segundo, and which is designated for that purpose.
PASSED, APPROVED and ADOPTED this 26th day of June, 1967.
ATTEST: _%
Mayor/ of e City of egun o, a orn a.
Pro Tempore
City Clerk k
(SEAL)
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.217
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES, )
CITY OF EL SEGUNDO. )
I,, Evpimv.. QgQgLspa ............ 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 ordinance, being Ordinance No. , .. 666... ,
is a full, true and correct original of Ordinance No... 666.. o . of the said City of El
Segundo, California, entitled:
"AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, GRANTING TO SOUTHERN CALI-
FORNIA EDISON COMPANY, ITS SUCCESSORS
AND ASSIGNS, A FRANCHISE FOR A PERIOD OF
TWENTY -FIVE (25) YEARS, TO CONSTRUCT,
LAY, OPERATE, MAINTAIN, USE, RENEW, RE-
PAIR, REPLACE, AND REMOVE OR ABANDON
IN PLACE A PIPELINE AND APPURTENANCES,
FOR THE PURPOSE OF CONDUCTING, TRANS-
PORTING, CONVEYING AND CARRYING OIL,
ONLY, IN AND UNDER CERTAIN PUBLIC STREETS,
WAYS ELC�LUNDOA�TD PLACES WITHIN THE Q TY
which was du y passe an a opted 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. e . eMb. . day of.... J '41w......... MOT—,
and that the same was so passed and adopted by the following vote:
AYES: Councilmen..Carr,. 'rederaicl-.,. McElhauey, . and Mayox Pro.....
..T Qizq. WgLgjej; ...................... o............
NOES: Councilmen... XQ]31�� ............ o ......... o ....... o ............ *
ABSENT: XPyQlz 11AGW ........................ ..... o ...................
do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. .616,6....
was duly and regularly published according to law and the order of the City Council
of said City in the El Segundo Herald, a weekly newspaper of general circulation,
printed, published and circulated within the said City and that the same was so pub-
Iished therein on the following date, to wit.-o 0 Cft f.1 Z ...................
City Clerk of the City of El Segundo, California.
(SEAL)
By.............. .........................
Deputy
42&1-A
Affidavit of Publication
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) as
CITY OF EL SEGUNDO )
.................... y1- .--- I'........V �.bC.Z' ... ................ _................. being first duly sworn, deposes and says: That
he 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 ............
_ ................._............. P..� t�-=- 1 - - -C1.. rl ----------....... ..--- .......................... ..... ...............................
Editor of EL SEGUNDO HERALD, a 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 preoeding the
publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the tunes
herein mentioned, a 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 paying subscribers; that said newspaper 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, race; 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 clinsses, professions, trades, callings, races or denominations.
That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered
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 iset 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 .................................. w ��. C. ....t .�........O.6C---------------- .......... - - --
of which the annexed is a printed copy as hereinabove stated, was published and printed in said news-
paper at least ......J n..0 e -... week ...... by ........ O n-.- -C........ publication ......... commencing on the
....... consecutive g
J.th........ day of -- - -....- `� 11•y . ......................... A. D.....�-..�,%..F�...S and ending on the .............55th......... day of
.........Sl i y.. .............. A. D. 19- 57..., and as often during said time as said newspaper was regu-
larly issued,
............................................. to wit.................................. . - .....1957 .................... - ........... ............ I...........................
.._.... .--- --•°x. .... -
- ----------------- ......
.............................................................. ........................................ ...................... ............................... ---•--------......... ...------ ......................
Subscribe d sworn to before me this .....%..........
day of ...... .. ............................... A. D. 19..4.7.
fljr�tsLLR.L /..zz, ...- --- ---- ----------- - --
City clerk of the City of El Segundo, County
of Los Angeles, State of California.
Deputy City ClerK qt said City.