27161
I
ORDINANCE NO. 1310
4
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA GRANTING TO SOUTHERN CALIFORNIA EDISON
COMPANY A FRANCHISE TO OPERATE, MAINTAIN, REPLACE,
REPAIR, REMOVE AND /OR ABANDON PIPELINES WITHIN CERTAIN
PUBLIC STREETS, HIGHWAYS, ALLEYS AND OTHER PUBLIC WAYS
WHEREAS, on the 27th day of January, 1992, SOUTHERN
CALIFORNIA EDISON COMPANY, ( "SCE"), 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
use and to construct, lay, operate, test, maintain, use, renew,
repair, replace, move, change the size and number of, remove or
abandon in place a system of pipelines and appurtenances, for the
purpose of conducting, transporting, conveying and carrying gas,
oil, petroleum products, water, waste water, and other petroleum
based substances on, along, in, under and across public streets,
ways, alleys, and places within the City of El Segundo ( "City "),
and requested the City Council to advertise the fact of the
application; and,
WHEREAS, the City of El Segundo had previously granted two
oil- pipeline franchises to SCE, Ordinance Nos. 666 (expired
7/26/92 with annual renewals) and 967 (expires 2/15/2004) ; and
the City Council desires to combine the two franchises into one
franchise for ease of administration and to consolidate franchise
fee payments for the existing pipeline system; and,
WHEREAS, the City Council by Resolution No. 4119, adopted on
the 15th day of June, 1999, declared its intention to grant said
pipeline franchise to Southern California Edison Company, and did
set July 20, 1999 as the date of the pubic hearing thereon; and,
WHEREAS, the City Council did, by aforesaid resolution,
authorize and direct the City Clerk to publish a notice of intent
to grant a franchise that state all the facts and matters in
connection with the granting of the Franchise and is entitled:
NOTICE OF INTENT TO GRANT A PIPELINE FRANCHISE TO LAY,
OPERATE, TEST, MAINTAIN, USE, RENEW, REPAIR, REPLACE,
MOVE, CHANGE SIZE AND NUMBER OF, AND REMOVE OR ABANDON
IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR
THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING,
AND CARRYING GAS, OIL, PETROLEUM PRODUCTS, WATER,
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 1
WASTE WATER, AND PETROLEUM BASED PRODUCTS, ON, ALONG,
UNDER AND ACROSS PUBLIC STREETS, WAYS, ALLEYS, AND
PLACES WITHIN THE CITY OF EL SEGUNDO; 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 affidavit of publication is on
file in the office of the City Clerk; and,
WHEREAS, on the 20th day of July, 1999, a public 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 will deposit
with the City Treasurer the sum of $5,000 to cover the 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. NATURE OF FRANCHISE.
City hereby grants a non - exclusive Franchise ( "this
Franchise ") to Grantee for a twenty -five (25) year term from the
effective date to construct, install, operate, test, maintain,
use, renew, repair, replace, move, change the size and number of,
and remove or abandon in place a system of pipelines and
appurtenances, for the purpose of transporting gas, oil,
petroleum products, water, waste water, and other petroleum based
substances, on, along, in, under, and across public streets,
ways, alleys, and places (collectively the "streets "), within the
City of El Segundo (Exhibit "A ").
This Franchise shall automatically renew for two successive
ten year terms upon the expiration of the initial twenty five
year term unless either party shall notify the other in writing
of its intention not to renew the Franchise for the next
successive term, at least one hundred and eighty calendar days
before the expiration of the then current term, but no sooner
than one year before the expiration date.
This Franchise is hereby granted to Grantee and its lawful
successors and assigns subject to the terms hereof.
SECTION 2. COMPLIANCE WITH ORDINANCES, RULES, AND LAWS. The
Grantee shall construct, install, and maintain all pipes,
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 2
conduits, poles, wires, and appurtenances in accordance and in
conformity with all the ordinances and rules adopted by the
legislative body__of the municipality in the exercise of its
police powers and not in conflict with the paramount authority of
the State, and, as to state highways, subject to the laws
relating to the location and maintenance of such facilities
therein.
SECTION 3. APPURTENANCES. Grantee shall have the right,
to construct and maintain such traps, manholes, conduits, valves,
appliances, attachments and appurtenances as may be necessary or
convenient for proper maintenance and operation of the pipelines.
Appurtenances shall be kept flush with the surface of the Streets
and located so not to interfere with the use of the Streets.
Grantee shall have the right to make all necessary excavations in
the Streets for construction and repair of the pipelines and
appurtenances. Grantee shall obtain all necessary and applicable
permits from the City to complete such work.
SECTION 4. LOCATION OF THE FACILITIES.
So far as is practicable, the Facilities shall be located
along the edge or shoulder of the Streets or in parking areas
adjacent thereto so as to not unreasonably disturb the flow of
traffic, and where possible shall be laid in the unpaved portions
of the Streets, if any.
SECTION 5. CONSTRUCTION OF THE FACILITIES..
A. Terms of Construction
The Facilities shall be installed, maintained and
inspected by Grantee in a satisfactory, safe, and workmanlike
manner, of good material, and in conformity with any applicable
ordinances, rules or regulations now or hereafter adopted or
prescribed by the City, state or federal authorities. The
Facilities shall conform to applicable standards for pipelines
imposed by the California State Fire Marshal and any other
applicable regulatory authority, including but not limited to
those standards under the California Pipeline Safety Act of 1981
(Government Code §51010 et seq.).
B. Restoration of the Streets
The work of laying, constructing, maintaining,
operating, renewing, repairing, excavating, restoring, changing
ORDINANCE NO._1310
SCE PIPELINE FRANCHISE
PAGE NO. 3
u,
and moving any segments of the Facilities, and all other work in
exercise of the rights under this Franchise, shall be conducted
with the least practicable hindrance or interference to use of
the Streets by the public or City, and Grantee shall provide all
necessary warning, safety and traffic control devices as are or
may be required by applicable City, county, state or federal
regulations. All excavations shall be back filled and adequately
compacted. The surface of the streets shall be placed in as good
and serviceable condition as existed before commencement of the
work. If Grantee fails to restore the excavation as required,
City or its agents may, at the City's sole discretion, restore
the excavation site to the reasonable satisfaction of the City
Engineer. Within forty -five (45) days after receipt of the
City's itemized bill Grantee shall pay to City, on demand, the
reasonable cost of all repairs to public property made necessary
by any of the operations of the Grantee under the Franchise.
SECTION 6. DOCUMENTS TO BE FURNISHED.
A. Maps
Within ninety (90) days following the execution of this
Agreement, Grantee shall file with City a map or maps, in such
form as may be required by the City Engineer, showing accurately
the locations and sizes of all of the Facilities currently in
place, and shall, upon installation of any additional facilities
or upon removal, change or abandonment of all or any portion
thereof, file with City a revised map or maps showing the
locations and sizes of all such additional and /or abandoned
facilities as of that date.
B. Documents To and From Government Agencies
Upon request by City, Grantee shall, at Grantee's sole
expense, provide to City any report, document, or writing
(including, but not limited to, report of incidents, inspections,
safety, reports, and permit applications or documents) to or from
any government agency concerning the facilities as necessary.
SECTION 7. COMPENSATION TO THE CITY.
A. Annual Franchise Fee
As consideration for the granting of this Franchise, Grantee
shall pay an annual Franchise Fee to City. The Franchise Fee
shall be paid annually to City in lawful money of the United
ORDINANCE N01310
SCE PIPELINE FRANCHISE
PAGE NO.4
States by April 15 of each calendar year. Any neglect, omission
or refusal of Grantee to pay the Franchise shall constitute
grounds for declaration of a forfeiture of this Franchise and all
rights hereunder. Acceptance by City of any payment of the
Franchise Fee shall not be construed as a release, waiver,
acquiescence or accord and satisfaction of any claim City may
have for further or additional sums payable under this Franchise
or for the performance of any other obligation hereunder.
The Grantee shall, during the life of this franchise, pay to
the City, in lawful money of the United States and in the manner
provided by law, an annual franchise fee in an amount determined
in accordance with Section 6231.5 of the Public Utilities Code of
the State of California.
Pursuant to Public Utilities Code Section 6231.5 (c), the
1989 Base Rate franchise fee is $4,130.73. The amount of each
franchise fee payment shall be determined each calendar year as
follows:
(1) The amount of the payment shall be adjusted at the
time payment is due by multiplying the 1989 Base Rate by the
Consumer Price Index, All Urban Consumers for the Los Angeles -
Anaheim- Riverside Area as published by the United States
Department of Labor, Office of Information, for the month of
September immediately preceding the month in which payment is due
and payable, and dividing by the Consumer Price Index for June
30, 1989, which is declared to be 100.0. Under no circumstances
shall the multiplying factor be less than one.
(2) If the United States Department of Labor, Office
of Information, discontinues preparation or publication of the
aforesaid Consumer Price Index for such Area, and if no
translation table prepared by the Department of Labor is
available so as to make those statistics which are then available
applicable to the Index for June 30, 1989, City shall prescribe a
rate of payment which shall, in its judgment, vary from the rates
specified in this Section in approximate proportion as commodity
consumer prices then current vary from consumer prices current in
December, 1988. On this point, the City's reasonable
determination shall be final and conclusive.
(3) If said Office of Information shall revise said
Index, the parties hereto shall accept the method of revision or
conversion recommended by said Office.
ORDINANCE NO. l '4 10
SCE PIPELINE FRANCHISE
PAGE NO. 5
B. Administrative Fee for Processing this Franchise
In consrideration for the granting of this Franchise,
and to reimburse City for its administrative expenses in
preparing, advertising and approving the documents for this
Franchise, Grantee shall pay City Five Thousand Dollars
($5,000.00) within thirty (30) days after the Effective Date of
this Franchise.
SECTION 8. EMERGENCY PREPAREDNESS..
A. Spill Prevention and Response Planning
1. At all times during the life of the Franchise and
to the extent required by law, as the law relates to the
Facilities, Grantee shall maintain:
a. An oil spill prevention and response plan
consistent with and conforming to California Office of
Oil Spill Prevention and Response Regulations (OSPR) of
Title 14, Division 1, Subdivision 4, Chapter 2,
Subchapter 3, § §815 -817 of the California Code;
b. A Business Plan pursuant to Chapter 6.95 of
the California Health and Safety Code;
C. A Chemical Inventory pursuant to Chapter 6.95
of the California Health & Safety Code; and
d. Pipeline maps and diagrams, and a contingency
plan for pipeline emergencies pursuant to California
Government Code §51015.
2. Grantee shall also comply with any requirements
for similar plans lawfully imposed by any federal, state or local
authority during the term of this Franchise and shall pay all
applicable fees for review of such plans.
3. Upon request, Grantee shall meet with the City
Fire Chief or Fire Chief's designee as requested to discuss and
review the above described plans and response plans for pipeline
emergencies. All emergency response work performed by Grantee
shall be performed in accordance with the applicable plans and in
cooperation with the City Fire Department.
ORDINANCE NO. 131 0
SCE PIPELINE FRANCHISE
PAGE NO.6
B. Operational Requirements
a. Grantee shall cause the Facilities to be secure
against unauthorized entry and tampering.
b. Grantee will maintain and submit to the City a
California State Fire Marshal approved contingency plan for
pipeline emergencies as required by California Government Code,
Chapter 5.5 (The Elder California Pipeline Safety Act of 1991.
SECTION 9. OPERATIONS, MAINTENANCE AND REPAIR.
To the extent required by law, Grantee shall operate,
maintain and repair the Facilities in accordance with the
California Pipeline Safety Act (Government Code H51010- 51019) ,
U.S. Department of Transportation Hazardous Liquid Pipeline
Regulations (49 C.F.R. Part 195) and any and all other applicable
federal and state rules. Grantee shall immediately make all
repairs to the Streets and City property made necessary by any of
the operations of Grantee, upon obtaining all necessary City
permits.
SECTION 10. REARRANGEMENT OF FACILITIES.
A. Expense of Grantee
1. If any portion(s) of the Facilities shall,
endanger the public in the use of the Streets or interfere with
or obstruct the use of any street by the public or for public
purpose, City shall have the right to require Grantee to move,
alter or relocate such portion (s) to avoid such danger,
interference or obstruction, in conformity with written notice
from the City Engineer, at Grantee's sole expense. In such an
event, City agrees to provide Grantee with a reasonable
alternative location to relocate such portion(s) of the
Facilities so as to provide an unbroken connection between the
relocated portions and the portions that remain in place.
2. Whenever, during the term of this Franchise, the
City, including any water, electric, gas or other utility system
hereafter owned or operated by City, any community facilities or
assessment district, or any other agency established by City in
its ministerial capacity, shall change the grade, width,
alignment or location of any street, way, alley or place, or
improve any said street in any manner, including but not limited
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 7
71 .,�
to the laying of any city sewer, storm drain, conduits, gas,
water or other pipes, pedestrian tunnels, subway, viaduct or
other work of City (the right to do all of which is specifically
reserved to City without any admission on its part that it would
not otherwise have such rights), Grantee shall, at its own cost
and expense, do any and all things to effect such change in
position or location of any portion(s) of the Facilities in
conformity with the written approval of the City Engineer,
including but not limited to removal or relocation of any
portion(s) of the Facilities, if and when deemed necessary by the
reasonable determination of the City Engineer.
B. Expense of Others
1. City shall also have the right to require Grantee
to rearrange any part of the Facilities for the accommodation of
any private person, firm or corporation. When such
rearrangement is done for the accommodation of any private
person, firm or corporation, the cost of such rearrangement shall
be borne by the accommodated party. Such accommodated party, in
advance of such rearrangement, shall deposit with Grantee cash in
an amount, as in the reasonable discretion of Grantee, necessary
to pay all the costs of such rearrangement.
2. The rearrangement referred to in subsection 1 of
subparagraph B of this Section shall be accomplished in
conformity with the written notice of the City Engineer and plans
approved by the City Engineer.
C. Rearrangement of Other Facilities. Nothing contained
in this Franchise shall be construed to require City to move,
alter or relocate any of its facilities upon any of the Streets,
at its own expense, for the convenience, accommodation or
necessity of any other public entity, person, firm or corporation
now or hereafter owning a public utility system of any type or
nature, or to move, alter or relocate any part of its system upon
any of the Streets for the convenience, accommodation or
necessity of Grantee.
D. Notice. Grantee shall be given not less than one
hundred eighty (180) days written notice of any rearrangement of
any portion(s) of the Facilities which Grantee is required to
make under this Section. Such notice shall furnish final,
approved plans detailing the necessity for the rearrangement of
such portion(s) of the Facilities, specify in reasonable detail
the work to be done by Grantee, and shall specify the time that
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 8
such work is to be accomplished. In the event that City shall
change the provisions of any such notice given to Grantee,
Grantee shall be _given an additional, reasonable period of time
to accomplish such work.
SECTION 11. REMOVAL OR ABANDONMENT OF FACILITIES.
At the time of non - renewal, revocation or termination of
this Franchise or the permanent discontinuance of use of the
Facilities or any portion thereof, Grantee shall, sixty (60) days
thereafter, make a written application to the City Engineer to
either: (1) abandon all, or a portion, of the Facilities in
place, or (2) remove all, or a portion of the Facilities. Such
application shall include a closure plan, which shall demonstrate
to the reasonable satisfaction of the City Engineer and City's
Fire Chief that any regulated materials which have been stored or
transported in the Facilities or such portions(s) thereof have
been or will be transported, disposed of or reused in a manner
consistent with public health and safety, and shall describe the
portion(s) of the Facilities desired to be abandoned by reference
to the map or maps required by Section 6, hereof and shall also
describe with reasonable accuracy the relative physical condition
of such portion(s) of the Facilities. Thereupon, the City
Engineer and the Fire Chief reasonably shall determine whether
any proposed abandonment or removal may be effected without
detriment to the public interest or under what conditions such
proposed abandonment or removal may be safely effected and shall
notify Grantee, according to such requirements as shall be
specified in the City Engineer's and the Fire Chief's order to
either:
1. Remove all or a portion of the Facilities, or
2. Abandon in place all or a portion of the
Facilities, subject to reasonable conditions imposed by the City
Engineer, and Fire Chief to protect public health, safety and
welfare, and to protect City against future liability.
If any portion(s) of the Facilities to be abandoned in
place subject to the prescribed conditions are not abandoned in
accordance with all such conditions, the City Engineer may make
additional appropriate orders, including, as the City Engineer
deems desirable, an order that Grantee shall remove all such
portion(s) of the Facilities in accordance with applicable
requirements. If any portion(s) or all of the Facilities are
abandoned, all right, title and interest in those abandoned shall
ORDINANCE N0131 0
SCE PIPELINE FRANCHISE
PAGE NO, 9
remain with Grantee, and City shall not acquire any possessory,
equitable or other interest therein.
SECTION 12. INSURANCE REQUIREMENTS.
Liability Insurance. The Grantee shall, provide proof of a
Commercial General Liability Insurance, including pollution
liability insurance, and excess automobile liability insurance,
including all coverage's, with no special limitations affecting
City. The limit for all coverage's under this policy shall be
not less than five million dollars ($5,000,000) per occurrence.
It is agreed that the Grantee is allowed to lawfully self insure
automobile liability. City, its employees, officials and agents,
shall be named as additional insureds by endorsement to the
policy. Grantee shall also provide proof of Worker's
Compensation Insurance with statutory limits and Employer's
Liability Insurance with limits of not less than $5,000,000.
Grantee is allowed to lawfully self insure Workers' Compensation.
Grantee shall provide proof of any self insurance.
SECTION 13. INDEMNIFICATION BY GRANTEE.
Grantee shall indemnify, defend, protect, and hold harmless
the City, its officials, employees, agents and officers from and
against any and all liability claims, demands, losses, costs,
fines, penalties, expenses, causes of action, or damages
(collectively referred to as "damages ") for damages proximately
resulting from Grantee's exercise of this Franchise or any
operations of the Facilities; and be liable to the City for all
damages proximately resulting from the failure of said Grantee
well and faithfully to observe and perform each and every
provision of this Franchise and each and every provision of
Division 3, Chapter 2 of the Public Utilities Code of the State
of California.
Additionally, except to the extent agreed to or caused by acts or
omissions of City, its elective and appointive boards, officials,
officers, employees, volunteers, assigns, successors, and agents,
Grantee shall indemnify, defend and hold harmless City, its
elective and appointive boards, officials, officers, employees,
agents, volunteers, assigns and any successor or successors to
City's interest from and against all claims, demands, losses,
defense costs, reasonable attorney fees, fines, penalties,
expenses, causes of action and judgments at law or in equity,
damages, losses or liability of any kind or nature, including but
not limited to personal injury or death or property damage, and
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 10
other expenses, and the cost of any required or necessary repair,
cleanup or detoxification, or the preparation and implementation
of any response, remedial, removal, closure or other required
plans (regardless of whether undertaken due to government action)
arising out of or attributable to the presence, use, generation,
storage, transportation, release, or disposal of Hazardous
Material arising out of Grantee's exercise of this Franchise or
the operation of the Facilities, regardless of whether any act or
omission is authorized, allowed or prohibited by this Franchise.
As used in this Section, Hazardous Material means any substance,
product, waste or other material of any nature whatsoever which
is or becomes listed, regulated or addressed pursuant to: (1) the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980, 42 U.S.C. §9601, et seq. (CERCLA); the Hazardous
Materials Transportation Act, 49 U.S.C. §1801, et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.;
the Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; the
Clean Water Act, 33 U.S.C. §1251, et seq.; the California
Hazardous Waste Control Act, Health and Safety Code §25100, et
seq.; the California Hazardous Substance Account Act, Health and
Safety Code §25330, et seq.; the California Safe Drinking Water
and Toxic Enforcement Act, Health and Safety Code §25249.5, et
seq.; California Health and Safety Code §25280, et seq.
(Underground Storage of Hazardous Substances); the California
Hazardous Waste Management Act, Health and Safety Code §25170.1,
et seq.; California Health and Safety Code §25501, et seq.
(Hazardous Materials Response Plans and Inventory); or the
Porter - Cologne Water Quality Control Act, Water Code §13000, et
seq., all as amended; or (2) any other federal, state or local
law regulating, relating to, or imposing liability or standards
of conduct concerning any hazardous, toxic or dangerous waste,
substance or materials, as now is, or at any time hereafter may
be, in effect; or (3) any rule or regulation adopted or
promulgated under or pursuant to any of said laws.
SECTION 14. TRANSFER OR ASSIGNMENT.
The Grantee shall file with the legislative body of the
municipality within thirty (30) days after any sale, transfer,
assignment, or lease of the Franchise or any part thereof, or any
of the rights or privileges granted thereby, written evidence of
the transaction certified to by the Grantee or its duly
authorized officers. If any transfer, assignment, lease, or sale
of the Franchise is to a person or entity that is a non public
utility pipeline, then City approval is required, which approval
shall not be unreasonably withheld. If the City approves that
ORDINANCE NO...13.10
SCE PIPELINE FRANCHISE
PAGE NO. 11
sale, transfer, assignment, or lease of this Franchise, then the
City may change the annual Franchise payment to an amount
otherwise authorized by applicable state law. Upon approval, the
new Grantee shall pay to the City a sum of money sufficient to
reimburse it for all expenses incurred by it in connection with
the approval of the sale, transfer, assignment, or lease of this
Franchise; said payment to be made within thirty (30) days after
the City shall have furnished said Grantee with a written
statement of such expenses.
SECTION 15. WAIVER OF BREACH.
No waiver of the breach of any of the covenants, agreements,
restrictions or conditions of this Franchise by City shall be
construed to be a waiver of any succeeding breach of the same or
other covenants, agreements, restrictions or conditions of this
Franchise. No delay or omission of City in exercising any right,
power or remedy herein provided in the event of default shall be
construed as a waiver thereof, or acquiescence therein, nor shall
the acceptance of any payments made in a manner or at a time
other than is herein provided be construed as a waiver of or
variation in any of the terms of this Franchise.
SECTION 16. VIOLATION OF FRANCHISE, COMPLIANCE, FORFEITURE
A. Violation of Franchise; Demand for
Forfeiture.
compliance;
If the Grantee fails, neglects, or refuses to comply with
any of the provisions or conditions prescribed in PUC Section
6291, and does not within ten (10) days after written demand for
compliance, or after such beginning does not prosecute the work
with due diligence to completion, the City, by its legislative
body, may declare the franchise forfeited.
SECTION 17. SCOPE OF RESERVATION.
Nothing herein contained shall ever be construed so as to
exempt Grantee from compliance with all applicable ordinances of
City now in effect or which may be hereafter in effect which are
not inconsistent with the terms of this Franchise. The
enumeration herein of specific rights reserved shall not be
construed as exclusive, or as limiting the general reservation
herein made or as limiting such rights as City may have or
hereafter have in law.
ORDINANCE NO. ._1310
SCE PIPELINE FRANCHISE
PAGE NO. 12
a � a
SECTION 18. NOTICE.
Any notice required to be given under the terms of this
Franchise, the manner of service of which is not specifically
provided for, may be served personally, sent by an overnight
delivery service, or by depositing same with First Class postage
prepaid in the United States Mail addressed as follows:
To City:
Director of Public
Works
City of El Segundo
350 Main Street
E1 Segundo, CA 94250
To Grantee:
SOUTHERN CALIFORNIA EDISON COMPANY
Attention: Director
Legislative and Local Governmental
Affairs
2244 Walnut Grove Avenue, Room 312
Rosemead, CA 91770
SECTION 19. SUCCESSORS. The terms of this Franchise
shall inure to the benefit of and shall bind, as the case may be,
the successors and assigns of the parties hereto.
SECTION 20. INTERPRETATION. This Franchise is granted
upon each and every condition herein contained, and shall be
strictly construed against the parties. This Franchise shall be
interpreted and construed according to the laws of the State of
California.
SECTION 21. ENTIRE AGREEMENT. This Franchise contains the
entire understanding between City and Grantee. Any prior
agreements, promises, negotiations or representations not
expressly set forth herein are of no force or effect. Subsequent
modifications to this Franchise shall be effective only if in
writing and signed by all parties. If any term, condition or
covenant of this Franchise is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Franchise shall be valid and binding.
SECTION 22. EFFECTIVE DATE OF FRANCHISE. This Franchise
shall not be in effect unless and until the ordinance of the City
Council granting this Franchise is in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
Franchise to be executed by their authorized representatives as
of the Effective Date hereof.
ORDINANCE NO. 1310
SCE PIPELINE FRANCHISE
PAGE NO. 13
PASSED, APPROVED AND ADOPTED this 3rd day of August, 1999.
CITY OF EL SEGUNDO
("City")
b
Y•
MIKE GORDON, MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF EL SEGUNDO )
SOUTHERN CALIFORNIA EDISON COMPANY
a
1V[L111G/ 11L10
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Ordinance
No. 1 .11 f) was duly introduced by said City Council at a regular meeting held on the 20th day
of July 1999, and was duly passed and adopted by said City Council, approved and signed by the
Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 3rd
day of August 1999, and the same was so passed and adopted by the following vote:
AYES: Mayor Gordon, Mayor Pro Tem Jacobs, Council Member McDowell
NOES: None
ABSENT: Council Members Gaines, Wernick
ABSTAIN: None
Cindy
1 o µtesen, City Clerk
APPROVE[) t SS TO F R.
ark D. Hensley, City Attorney c
ORDINANCE NO._ 1310
SCE PIPELINE FRANCHISE
PAGE NO. 14
Ordinance No. 1310
27 1 6
EXHIBIT "A"
PIPELINE ROUTE
General Description
Commencing in Rosecrans Avenue at a point 809.57 feet west of the centerline of Ball
Avenue; thence easterly in Rosecrans Avenue to a point near the centerline of Elm
Avenue; thence southerly to the northerly boundary of the City of Manhattan Beach.
RESOLUTION NO. 4119
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA
DECLARING ITS INTENTION TO GRANT A PIPELINE
FRANCHISE TO SOUTHERN CALIFORNIA EDISON COMPANY
AND SETTING A PUBLIC HEARING THEREON
WHEREAS; the Southern California Edison Company ( "SCE ") has applied with the City of El Segundo ( "City ")
for the granting of an oil pipeline franchise ( "franchise ") relating to existing facilities to replace two existing oil pipeline
franchises with the City; and,
WHEREAS, the proposed franchise, to be granted by ordinance, would be for the purpose of conducting,
transporting, conveying and carrying gas, oil, petroleum products, water and waste water; and,
WHEREAS, the City Council states its intention to consider the granting of the franchise to SCE at a public
hearing to be conducted on July 20, 1999.
NOW, THEREFORE, THE CITY COUNCIL RESOLVES AS FOLLOWS:
1. A public hearing to consider adoption of the franchise ordinance shall be held at the City Council's
regular meeting of July 20, 1999.
2. The City Clerk shall publish notice of the public hearing pursuant to law.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF1� NE, 1999.
O �� MIKE GORDON
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No. Q 1 1 g was
duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the 15 th day of June , 1999, and the
same was so passed and adopted by the following vote:
AYES: Gordon, Jacobs, McDowell, Wernick, Gaines
NOES: None
ABSENT: None
ABSTAIN: None
" 6YY1 Q/,.
Cindy Mortesen, City Clerk
APPRO W ;D XOIL
/Z rte D. Hensley, City Atlonly