Loading...
ORDINANCE 967ORDINANCE NO. 967 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALI- FORNIA, GRANTING TO SOUTHERN 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, MAIN- TAIN, RENEW, REPLACE, REPAIR, REMOVE AND /OR ABANDON IN PLACE, ONE SIXTEEN (16) INCH PIPE- LINE FOR THE TRANSPORTATION OF OIL, WATER AND /OR STEAM, WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS IN SAID CITY. WHEREAS, on the 5th day of December, 1978 SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, organized and existing under and by virtue of the laws of the State of California, filed with the City Council of the City of El Segundo, California, an application in writing for 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, and requested the City Council to adver- tise the fact of the application; and WHEREAS, the City Council by Resolution No. 2882 , adopted on the 5th day of December, 19 78, declared its inten- tion to grant said pipeline franchise to Southern California Edison Company, and did set January 2 1979 as the date of the public hearing thereon; and WHEREAS, the City Council did, by the aforesaid resolu- tion, authorize and direct the City Clerk to publish a notice of intent to grant a franchise entitled: "NOTICE OF INTENT TO GRANT A FRANCHISE TO LAY, CONSTRUCT, INSTALL, OPERATE, MAINTAIN, RENEW, REPLACE, REPAIR, REMOVE AND /OR ABAN- DON IN PLACE, ONE SIXTEEN (16) INCH PIPELINE FOR THE TRANSPORTAION OF OIL, WATER, AND /OR STEAM. "; stating all the facts and matters in connection with the granting of the franchise; and WHEREAS, the City Clerk did publish said notice as directed by the City Council before any further action on said franchise was taken by the City Council and an affidavit of publi- cation is on file in the office of the City Clerk; and WHEREAS, on the 2nd day of January , 1979, said hearing was held and it was determined by the City Council to grant said pipeline franchise to Southern California Edison Company; and WHEREAS, Southern California Edison Company has deposited with the City Treasurer the sums of $1,500.00 and $500.00 to cover costs incurred in connection with the granting of said franchise; 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 Southern California Edison Company, a corporation, its successors and assigns, 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, ser- vice 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 of the City of El Segundo hereinafter described on the attached Exhibit "A ". SECTION 2. That Southern California Edison Company, its successors and 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 - 2 - 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 (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 contained, 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 accep- tance of the terms and conditions herein expressed. The word "grantee" whenever used herein shall be held to include the grantee or grantees, its successors and :.assigns. That the grantee shall have the right to construct and maintain such traps, manholes, valves, appliances and attachments as may be necessary or convenient to properly maintain and operate the pipelines under said franchise, including all facilities neces- sary 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 conform 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 hereafter 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, attachments, 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 Council of the City of El Segundo, County of Los Angeles, State of California; provided, however, that all pipes and pipelines laid under said - 3 - franchise shall be of first class material, shall conform to appli- cable 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, pro- vided 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 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 excavation of said work. That all excava- tion shall be made and refilled in strict compliance with the ordi- nances, 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 the 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 insur- ing the restoration of all streets to a good and perfect condition along such excavations. That the work of laying down and constructing any pipe- lines hereunder shall be done to the satisfaction 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 4 - 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 indemnify and save the City, its officers, servants, agents and employees, harmless therefrom. That the City of E1 Segundo reserves the right to change the grade of any highway over that portion of the City of El 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, con- structed or erected hereunder, so as to conform to such change of grade, or such location or relocation of subsurface installations, and proceed diligently 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 El 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 presented to said grantee. That if any street or portion thereof along, across, or under which any pipelines or appurtenances installed 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 thereof, then gran- tee 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. - 5 - 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, obliga- tions and duties thereunder shall inure to and be binding upon the grantee, its successors and assigns. That said grantee shall, during the life of said fran- chise, 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 accor- dance with Section 6231 of the Public Utilities Code of the State of California; provided, however, that the amount of each annual pay- ment 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 hereinabove 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 preparation of Producer Price Index (Finished Goods) using prices prevailing in the year 1967 as a base of 100, and if no transposition table pre- pared by said Bureau is available which is applicable to said year of 1967, then the amount of each annual payment shall be at the - 6 - ;,.. %I 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 representative 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. Upon any neglect, failure, or refusal, by said grantee to file said verified statement, when required, or to pay the percent- age of the gross annual receipts, or to pay the said franchise fee herein set forth the City Council may declare said franchise for- feited, 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 forfei- ture 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 fran- chise or the rights or privileges granted thereby without the con- sent 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 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 - 7 - 4112 ) 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 each day that the street is open beyond the period of time expressed in the permit. The grantee shall, by acceptance of this franchise, agree to remove any pipelines installed hereunder within ninety (90) days after the surrender or termination of this franchise unless permis- sion 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 fran- chise, 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 El 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 there- under, 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. 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 9. 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 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 E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 16th day of January , 1979. ATTEST: City Clerk (SEAL) R';4 -// -._ Mayor of the City of E1 Segundo, California - 9 - EXHIBIT "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. - 10 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) VALERIE A. BURROWES, I, • .. ............................... 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. . 967. . is a full, true and correct original of Ordinance No. ... 967...... 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 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 TRANS- PORTATION OF OIL, WATER AND /OR STEAM, WITHIN CERTAIN PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS 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 ... M11. day of . •January, , , , • ... . 19..x.9....... , and that the same was so passed and adopted by the following vote: AYES: Councilmen .Benson,, Nagel,,. Van Vranken. ............... and.Mayor Balmer .... ...... ...... .. ... .... NOES: Councilmen . ,None , , . ... ............................... ABSENT: Councilman Bue ....................... ........ ...... .. ... .. ... ... .... 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. . 967.... 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 said City and that the same was so published therein on the following date, to wit: ..................... City Clerk of the City of E1 Segundo, California (SEAL) By......... ............................... Deputy