Loading...
ORDINANCE 759ORDINANCE NO. 759 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL OIL COM- PANY A FRANCHISE OF THE RIGHT FOR A PERIOD NOT TO EXCEED TWENTY -FIVE YEARS FROM THE GRANTING THEREOF TO LAY, CON- STRUCT, MAINTAIN AND OPERATE A PIPELINE SYSTEM CONSISTING OF A SINGLE LINE OF PIPE NOT TO EXCEED TWELVE (12) INCHES IN INTER- NAL DIAMETER FOR THE PURPOSE OF TRANS- PORTING AVIATION JET FUEL ALONG CERTAIN PORTIONS OF CERTAIN PUBLIC STREETS WITH- IN SAID CITY. WHEREAS, on the 21st day of December, 1970 SHELL OIL COMPANY, a corporation, organized and existing under and by virtue of the laws of the State of Delaware, filed with the City Council of the City of E1 Segundo, California, an application in writing for a franchise to lay a single line of pipe for the transportation of aviation jet fuel, and requested the City Council to advertise the fact of the application; and WHEREAS, the City Council by Resolution No. 2367, adopted on the 8th day of February, 1971, declared its intention to grant said pipe- line franchise to SHELL OIL COMPANY, and did set March 8, 1971 as the date of the public hearing thereon; and WHEREAS, the City Council did, by the aforesaid resolution, authorize and direct the City Clerk to publish a notice of sale of franchise entitled: "NOTICE OF SALE OF FRANCHISE TO LAY A SINGLE LINE OF PIPE FOR THE TRANSPORTATION OF AVIA- TION JET FUEL. "; stating all the facts and matters in connection with the granting of the fran- chise; and WHEREAS, the City Managerdid authorize and direct the City Clerk to mail a copy of said notice to all property owners along the line of the work as shown on the last equalized assessment roll; and WHEREAS, the City Clerk did publish and mail said notice as directed by the City Managerbefore any further action on said franchise was taken by the City Council and an affidavit of publication and an affidavit of mailing notice are on file in the office of the City Clerk; and 1 (),, WHEREAS, on the 8th day of March, 1971, said hearing was held and it was determined by the City Council to grant said pipeline fran- chise to Shell Oil Company; and WHEREAS, Shell Oil Company has deposited with the City Treasurer the sums of $2, 500. 00, $1, 500. 00 and $500. 00 to cover costs and other matters incurred and occasioned in connection with the granting of said franchise; and WHEREAS, Shell Oil Company has filed with the City Clerk an acceptable corporate surety bond in the sum of $50, 000. 00; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That there be and there is hereby granted to Shell Oil Company, a corporation, its successors or assigns, a franchise to lay, construct, and for a period not to exceed twenty -five (25) years, and as here- inafter provided, to operate, maintain, renew, remove and /or abandon in place a pipeline system consisting of a single line of pipe not to exceed twelve inches (12 ") in internal diameter for the purpose of transporting aviation jet fuel, together with all manholes, valves, service connections and appurten- ances necessary and convenient to properly maintain and operate said pipe- line, including facilities necessary for cathodic protection of said pipeline, in, under, along and across those certain streets of the City of E1 Segundo described on Exhibit "A" attached hereto. SECTION 2. That Shell Oil Company, its successors or assigns, is hereby granted said franchise upon and subject to the terms and conditions hereinafter contained, and said grantee of said franchise shall file written acceptance of said terms and conditions with the City Clerk within thirty (30) days after the adoption of this ordinance. Said terms and conditions are as follows: That the term of said franchise shall be for a period of twenty- five (2 5) 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 contained, and that the grantee must, within thirty (30) days after March 8, 1971, file with the clerk of the City Council -2- !' 70" 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, his, her, its, or their, successors or assigns. The grantee of said franchise shall in good faith commence the work of constructing said pipeline system within not more than one (1) year from the date of granting this franchise, and said work shall be prosecuted diligently thereafter and in good faith, and if not so commenced within said time said franchise so granted shall be declared forfeited. That the grantee shall have the right to construct and maintain such traps, manholes, valves, appliances and attachments as may be neces- sary or convenient to properly maintain and operate the pipeline laid and constructed under said franchise, including all facilities necessary to pro- vide cathodic protection for the pipeline, and said traps, manholes, appli- ances, and attachments, shall at all times be kept flush with the surface of the highway and so located as to conform to any order of the City Council in regard thereto, and not to interfere with the use of the highway for travel. The grantee shall have the right, subject to such regulations as are now, or may hereafter be, in force to make all necessary excavations in said highway for the construction and repair of said pipeline, traps, manholes, appliances and attachments. If the said pipe shall be laid along any paved highway in the City of El Segundo, it shall be placed as close as reasonably possible to the edge of the pavement so as not to unreasonably disturb the paved surface. In the event it is necessary to break pavement to lay said pipe, grantee shall apply for, and City shall, upon payment of the required fees, grant a permit, which permit shall specify the manner in which the pipe or conduit shall be laid; and the repair of the highway, after the pipe has been laid, shall be made promptly by the grantee, at the expense of the grantee and to the satisfaction and approval of the City Engineer, and in the event of its failure so to do, this franchise shall thereupon be subject to forfeiture. All pipe, pipeline, traps, manholes, attachments, and appliances constructed or maintained under the provisions of said franchise shall be con- -3- I -* () "I structed and maintained in accordance with, and in conformity with, all the ordinances, rules, and regulations now or hereafter adopted or prescribed by the City Council of the City of El Segundo, County of Los Angeles, State of California; provided, however, that all pipe and pipeline laid under said franchise shall be of first class material and subject to the approval of the City Engineer; and provided further, no pipeline laid hereunder shall exceed twelve inches (12 ") in internal diameter. All excavations for laying, moving or repairing, said pipeline and appurtenances shall be done in such manner as not to interfere with the free use of the streets by the public, except such temporary interference as may be reasonably necessary or incident to the proper prosecution of said work. That all excavation shall be made and refilled in strict compliance with the ordinances, resolutions and orders of the City of E1 Segundo, that may be in force at the time of the performance of such work. That the grantee of said franchise shall make such deposits of money with the City Treasurer or such other officer of said City as may be designated by such ordinances, resolutions, orders, or otherwise by law, and as may be from time to time required from 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 before the work of laying said pipe is commenced, the grantee of said franchise or assigns, shall file with the City Engineer of said City complete plans showing the loca- tion of said pipeline in the streets and the location of all manholes, traps, and other appliances, and attachments, as may be necessary for the pur- pose of safely and efficiently operating and maintaining said pipeline. That the granting of such franchise shall not be construed to relieve said grantee from the provisions of any order, ordinance, or law, that may be in force at the time requiring applications to be made and obtained for excavations in streets before such work can be done. That the location of said pipeline in streets or portions of streets shall be subject to the approval of the City Engineer of said City, who shall have the power to give such directions for the location of said pipes as may be necessary to avoid sewers, water pipes, -4- ,3 0 _, and other conduits, or structures, in or under said streets, or portions of streets, within the boundary of the City of E1 Segundo, hereinabove described, where said pipeline is to be laid. That the work of laying down and constructing said pipeline shall be done to the satisfaction of the City Engineer of the City of E1 Segundo, and subject to his inspection and shall be equipped with gate valves and other pro- tective devices as may be required from time to time. That as soon as the laying or repairing of any pipe or appliance is completed, all portions of the streets which have been excavated or other- wise injured thereby shall be placed in as good condition as the same was before the laying of such pipe, and to the satisfaction of the said City Engineer. That any damage or injury suffered by any person or property by reason of any negligence on the part of grantee, its agents, servants and employees, or which results from any excavation being improperly guarded during such work shall be borne by the grantee of said franchise, and grantee shall indem- nify and save the City, its officers, servants, agents and employees, harm- less therefrom. That the City of E1 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 loca- tion 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 subsurface installations, and proceed dili- gently to complete 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 thereof, which the said grantee by the accep- tance of said franchise shall agree to pay immediately upon its being pre- sented to said grantee. That if any street or portion thereof along, across, or under -5- 170f"WI which said pipeline or appurtenances shall be laid 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 pipeline under such street or portion thereof, then grantee shall at his or 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 (:jar -nage occurred, such work to be done under the direction of said City Engineer, and to his satisfaction. The grantee shall not commence the construction of any pipe- lines or appurtenances under the provisions of this franchise until it shall first have obtained permit from the City Engineer so to do. Such permit shall be granted upon application of the grantee, which application shall show the highway upon which it is proposed to construct or lay the pipe, the length of the pipe proposed to be constructed or laid on the highway, the size and description of the pipe intended to be used, and such other facts as said City Engineer may require. Each application for a permit filed hereunder shall be accompanied by a fee for the laying of such pipeline which fee shall be at the rate of One Thousand Five Hundred Dollars ($1, 500. 00) per mile, or major fraction thereof, and Seven Hundred Fifty Dollars ($750.00) for each one -half mile or less, for all pipe proposed to be laid under such application and permit, and within ninety (90) days after the completion of the construc- tion authorized by said permit the grantee shall render a report to the City of E1 Segundo showing in detail the total length of pipe actually laid under said permit, and the grantee shall accompany said report with the balance, if any, which may be payable to said City for all lines of pipe so actually laid, at the rates above stated. The grantee of this franchise shall have the right during the period for which this franchise is granted to transport aviation jet fuel through said pipeline. The provisions of said franchise and all rights, obligations and duties thereunder shall inure to and be binding upon the grantee, his, its, or their 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 agreed upon by the applicant and the City com- puted as follows: One cent (1�) per inch of internal diameter for each lineal foot of pipeline installed but not less than eight cents (8�) per lineal foot, 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 "Average Wholesale (Primary Market) Price Index, All Commodities ", prepared by the United States Bureau of Labor Statistics, Department of Labor, for the calendar year 1968 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 1968 rate, then the rate of pay- ment to the City shall vary from said hereinabove rates in direct proportion as said index has increased or decreased from the 1968 average. c) If said Bureau shall revise the said index, the parties here- to shall accept the method of revision or conversion recommended by the said Bureau. d) If said Bureau shall discontinue the preparation of a wholesale price index using prices prevailing in the years 1957 -59, inclusive, as a base of 100, and if no transposition table prepared by said Bureau is available which is applicable to said years of 1957 -59, inclusive, 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 shall be accompanied by a statement, verified by the oath of a duly authorized repre- sentative of the grantee showing (so long as required by 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. Any neglect, failure, or refusal, by said grantee to file said verified statement, or to pay the said percentage of the gross annual receipts -7- or to pay the franchise fee herein reserved shall thereupon immediately ipso facto effect a forfeiture thereof, and the said City, by its City Council, may thereupon 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 immediately 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 Utilities 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, trans- ferred or assigned, except by a duly executed instrument in writing filed in the office of the City Council of the City of E1 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, by acceptance of any franchise, agree to complete the initial installation of a pipeline within the time specified in the Permit to Excavate and shall pay liquidated damages in the sum of Two Hundred Dollars ($200. 00) per day for each day construction extends beyond the time specified in the Permit to Excavate. The grantee shall be privileged to open the street for line test- ing, without penalty, on two days of each year. The grantee shall be permitted to open the street to repair his lines, provided he first obtains a permit from the City Engineer and pays the customary charges and sets forth an agreed upon reasonable number of days within which said work is to be completed. In the event said work is not com- pleted within the agreed upon number of days, the grantee shall pay Two Hundred Dollars ($200.00) per day as liquidated damages for each day that the street is open beyond the period of time expressed in the permit. The grantee of said franchise must, within thirty (30) days after the award of said franchise, file with the City Clerk of said City of E1 Segundo, a bond running to the said City of El Segundo and at all times thereafter main- tain 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 liability of the grantee under the franchise or for damages, either to the full amount of the bond or otherwise. SECTION 3. That this ordinance shall become effective at mid- night on the thirtieth day from and after 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 book of original ordinances of said City; shall make a minute of the passage and adop- tion 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 news- paper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. IRM PASSED, APPROVED and ADOPTED this 22nd day of March 1971. ATTEST: City Clerk (SEAL) -10- H a 9 r w%4030 aiwOrt 9 'G r r 0 'O r ri ►� A� nv n GEgm� n w0 p~i rt rot C nn C 9 E 9a C 00v r• r 4m�m wmmm m Hm rr O aN e• C C O rt m m m m rt �C r-t m 00 Cn 99bd £l�cncnNtn cntnvicn rt 0 C C m m••••• a ►b cn �° . E r� rt m wMrt rrrt rt rtrt rt rt O m N m • • • • . . . • y fo rat Q"v-_w7d7dx 7d ;o ;o ;o rmr0 £5 0 r m 10 0 old rt p rt rt O O m C: :39 r n rt 0 m 0 rt En hmi In %.n 1-` WW NNrr > t-n \ W V W %0 " V N v r y + + + + + + + + + + H O m 00 w"WW v+v+WO z O O OWO�C OV�00 H O z M O O O m HM zzzz zzzz . . . . . . .�07 rot rot 00 O (A m cn w w w N m N.Mrt ri rt rtrtrrrt rtrtrt rt H m m H N o~i• � 7d � 7d 70 7d 7d 7d 7d 7d 7d 7d 0 rr v' rt o£ a :r, E E E go rt M H rot M C O 0 M . r irr r• �c C/) m d Un w NNrr H H • X_ wwwr H w + + + + ++ + + ++ O M rmr 00 %0oWN OoOON H m w o ow0%0 0Unun0 z rn rn w N N N ON 00 O� CN co W w 00 0, r N w N N w N N N O 0000 OOlrO cn cn N cn cn c v rtrt rt rt rtrt rt N N N N N r r r 000 0 0000 C17 " C n MMMI'A MMMI-h ON ON O` O rn D` ON O` ON O\ c7% rn m J m r m ° � 0 cYn• �• d v O m rot� O aa� { b � ►V-+ m � O r" rnN z 0 r O H O v � � v r r N w N N w N N N O 0000 OOlrO cn cn N cn cn c v rtrt rt rt rtrt rt N N N N N r r r 00 00 00 00 00 00 00 00 00 N w N N w N N N � z, W N N N N N N N r r r 000 0 0000 0000 MMM M MMMI'A MMMI-h ON ON O` Q\ rn D` ON O` ON O\ c7% rn -11- t7 H H 9 z n r� 9 z d d 70 7 CT7 �. zP O r n v� t w N O O O C1 b 9 H b C+7 r H z 9 9 � H O 7� M p' O m y r m � 0 rt (D N C) rot� O Mon 1-4 b � ►V-+ m � O r" r O H mz r� z 0 rt m CL n. [ H. (D 0 cn n U) rt H. O m C 0 am m cn m • n a O a rt w rr 'ts w � O n r• w 0 rdG m CL to 0• O ro n v a n r• m I O n a z 0 cn ¢Sig• A STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, JANE D. HOUGH ............ . 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 ordinance, being Ordinance No. .759 . . is a full, true and correct original of Ordinance No. ...759 ...... of the said City of El Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL OIL COM- PANY A FRANCHISE OF THE RIGHT FOR A PERIOD NOT TO EXCEED TWENTY -FIVE YEARS FROM THE GRANTING THEREOF TO LAY, CON- STRUCT, MAINTAIN AND OPERATE A PIPELINE SYSTEM CONSISTING OF A SINGLE LINE OF PIPE NOT TO EXCEED TWELVE (12) INCHES IN INTER- NAL DIAMETER FOR THE PURPOSE OF TRANS- PORTING AVIATION JET FUEL ALONG CERTAIN PORTIONS OF CERTAIN PUBLIC STREETS WITH- IN SAID CITY. "; 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 Clerk of said City, all at a regular meeting of the said Council held on the ........ day of ................. . 19.......... , and that the same was so passed and adopted by the following vote: AYES: Councilmen Balmer, Frederick, N4ge1 apo.TVlayor. Stephens; NOES: Councilmen. WWI; ... . ABSENT: Councilmen. Nona....................................... I 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. . M.... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ..................... . ity Clerk�of� the City of. El�Segundp,�California (SEAL) By.......................... ............ Deputy 4s»- $ Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) ................ .. ................................... _. ... ....._...... being first duly sworn, deposes and says: That .................... 1 ......... . � I' LC 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 ....._..... -_ ._.......1.r nc ..................................... : 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 preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4450 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 OL&%es, 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 set 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, a; will appear from an inspection of the said annexed instru- ment; that the .........Ur. . ��'.... _...Q.......75 ..:::............ - ...... - ..... ................._.._.......... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ....... i.G.E .. week ..... .)_, 1sY ........... Q11.Q ............. consecutive publication ......... commencing on the ry i ......i.?.._.(...r day .of....__...i`:...x'Chi...... - A. D.._'.1......., and ending on the ... . ........................ day of ........... ..............I.... - ..-- - - - - -- A. D. 19...71.., and as often during said time as said newspaper was regu- larlyissued, to -wit: ............ ...:...1?.G.� ...- J. ] .r.....L _� ............... ............................... ...- --................ -..... ...................... .............. I ...... ........... ....................... .............. ............... * . r ............. 2L�.!s.L� �... .....- ....... Subscribed anti sworn to before me this . � ..-tA day of ........ ..� ............................ A. D. 19 -V.. /lY . City clerk of the City of El Seg do, County of Los Angeles, state of California. By.- ................. _. --------- ................................................................ Deputy City Clerk aif said City.