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HomeMy WebLinkAboutOrdinance #1005 ORDINANCE No. 1005' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GRANTING TO TEXACO, INC, A DELAWARE CORPORATION, A FRANCHISE UPON TERMS AND CONDITIONS HERE- IN SET FORTH TO CONSTRUCT, MAINTAIN,OPER­ ATE, RENEW, REPAIRS CHANGE THE SIZE OF AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES, IN, UNDER, OVER, ALONG OR ACROSS CERTAIN PUBLIC WAYS OF THE CITY OF HUNTINGTON BEACH AS HEREIN, DESCRIBED,FOR THE PURPOSE OF TRANSPORTING HYDROCARBON SUBSTANCES IN THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach does ordain as follows: Section 1. Terms and conditions of Franchise: ARTICLE I NATURE OF FRANCHISE " There is hereby granted to the Texaco, Inc. , a Del- aware corporation, hereinafter referred to as "Grantee" for a term of twenty five (25) _ years, from and after the effect- ive date of this ordinance; subject, however, to all the limi- tations and restrictions herein contained, and as set forth In Article XIV of the City Charter, the right, privilege and franchise, from time to time, to construct, maintain, operate, renew, repair, change the size of and remove or abandon in place a system of pipelines for the purpose of transporting gas, oil, petroleum, gasoline, water and other liquid hydro- carbon substances in, under, over., along or across certain streets, highways, alleys and other public- ways in the City of 1. Ord. No. 1005 Huntington Beach. ARTICLE II STREETS PERMITTED TO BE USED This franchise is granted along the following routes: All streets, highways, alleys and public ways: A. Beginning at the northerly boundary line of the City of Hunt- ington Beach, Orange County, Ordinance No. 481(which is the northerly boundary line of the area described in "B" below) In Gothard Street, 1320' South of the north line of See.35, T. 5 S. R.11W. 9SBB&M. , thence extending northerly along Gothard Street to Warner Avenue, thence extending westerly along Warner Avenue to Golden West Street, thence extending northerly along Golden West Street to the northerly city boundary line at Sugar Avenue; and B. Beginning at the intersection of the northerly City boundary line of Huntington Beach and the center line of Section Three (3) T.6 S. R.11 W. SBB&M, thence northerly along the center line of said Section- Three (3) T 6S, R 11W, SBB&M and Section Thirty-four (34) T 5S, R 11W,SBB&M, to a point -on the center line of Section Thirty-four (34.) T 5S, R 11W, thirteen hundred and twenty feet (13201 ) south of the north line of said Section Thirty-four (34) T 5S, R 11W, thence easterly parallel with and thirteen hundred and twenty feet (13201 ) distant southerly from the north line of Sections Thirty-four (34) T 5S9 R 11W, and Thirty-five (35) T 5S9 R 11W, to a point on the east line of Section Thirty-five (35) T 5S R 11W, thence southerly along the east line of Sections Thirty-five (35) T 5S, R 11W, Two (2) T 6 S R 11W and Eleven (11) T 6S R 11W to a point thirteen hundred and twenty feet (13201 ) south of the north line of said Section Eleven (11) T 6S, R 11 W. thence westerly parallel with and thirteen hun- dred and twenty feet (13201 ) distant southerly from' the north line of Section Eleven (11) T 6 S R 11W to a point thirteen hundred and twenty feet (13201 ) west of the east line of Sec- tion Eleven (11 ) T 5 S R 11W, thence northerly parallel with and thirteen hundred and twenty feet (13201 ) distant westerly from the east line of Section Eleven (11 ) T 6S r 11W to a point on the north line of Section Eleven (11) t 6S R llW, thence westerly along the north line of Section' Eleven (11) T 6S R 11W to a point on the west line of Section Eleven (11) T 6S R 11W, thence southerly along the west line of Section Eleven (11) T 6 S R 11W to a point on the north line of Pacific Coast Highway, thence northwesterly along the northerly line of Pacific Coast Highway to a point on the west line of 23rd Street, thence northeasterly along the westerly line of 23rd 2. Ord. No. 1005 Street to a point on the west line of Section Two (2) T 6S R 11W thence northerly along the west line of Section Two (2). T 6S A 11W to a point thirteen hundred and twenty feet (13201 ) south of the north line of Section Two (2) T 6S A 11W, thence westerly parallel with and thirteen Hundred and twenty feet (13201 ) distant southerly from the north line of Sections Two (2) T 6S A 11W and Three (3) T 6S B 11W to the point of beginning. 1 2a Ord. No. 1005 ARTICLE III APPURTENANCES The Grantee shall have the right to construct and maintain such traps, manholes, conduits, valves,, 'appliances, attachments and appurtenances as may be necessary or conven- lent for the proper maintenance and operation of the pipe- lines under said franchise. Said appurtenances shall not in- terfere with the use of the streets and shall be kept flqsh with the surface of the street and be so located as to con- form to any order of the City Engineer of the' Clty of Hunting- ton Beach. The Grantee shall have the right, subject to such ordinances as are now or may hereafter be in force, to make all necessary excavations In said highways, for the construct- ion and repair of said pipelines and appurtenances. ARTICLE IV. CONSTRUCTION OF PIPELINES OR APPURTENANCES The pipelines or appurtenances constructed and main- tained under the provisions of this franchise shall be con- structed and maintained in a good, workmanlike manner and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by the City- Council. --All -. pipes laid under said franchise shall be- first class material and no pipe laid under this franchise shall . exceed sixteen (16) inches in internal diameter. The work of constructing 3• Ord. No. 1005 maintaining, or repairing all pipes, pipelines and appurten- ances shall be conducted with the least possible hindrance to the use of the streets for purposes of travel, and as soon as such work is completed, all portions of the streets which have been excavated or otherwise damaged thereby shall be placed in as good condition as they were before the commencement of such work and to the satisfaction of the City Engineer. ARTICLE V. MAPS AND DATA TO BE FURNISHED The grantee shall file with the City Engineer within three (3) months from the effective date of this ordinance and every six (6) months thereafter for the life of the fran- chise, a statement describing in detail the total length of any pipelines constructed, removed or abandoned under the franchise, during the preceding three or six months period, together with a map or maps accurately showing the location of any such pipelines so constructed, removed or abandoned. If cathodic protection is to be used for facilities installed or maintained pursuant to this franchise, a description of the protective devices shall be filed with the City Engineer which shall show the location and type of annodes, including a description of methods to be used as a protection against corrosion and ectrolytic leakage. 4. Ord. No. 1005 ARTICLE VI COMPENSATION TO THE CITY As and for consideration for the franchise hereby granted. Grantee shall pay to the City in lawful money of the United States annually, on a calendar year basis within ninety (90) days after the end of each calendar year, a fee to be computed on the following basis: One half (1/2) cent per inch of internal diameter per lineal foot per year for each pipeline in- stalled and maintained in the public streets or ways; provided, however, that such payment shall , in no event beless than a sum annually which shall be equivalent- to two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of this franchise. The Grantee shall file with the City Clerk within ninety (90) days after the expiration of the calendar year, or fractional calendar year following the date of the grant of this franchise, a duly verified statement showing in de- tail the total gross receipts of the grantee, during the preceding calendar year, or such fractional year, arising from the use, operation or possession of this franchise. ARTICLE VII REARRANGEMENT OF FACILITIES The City of Huntington Beach reserves the right to construct sanitary sewer or storm drain lines or to change the grade or line of any street, alley or way, in which pipe- Ord. No. 1005 lines are constructed, maintained or operated under this . fran- chise and upon receiving written notice fromthe City Counc- 11 of its intention to do so, the Grantee shall promptly and at its own cost and expense, change the location of such facilities and appurtenances necessary to conform to such change of grade or line, or sewer or storm drain construction and the damage caused to any public improvement by the Grant - ee In exercising any duty under this section shall be properly repaired by the grantee at Its sole cost and expense. In case the Grantee shall fall , to commence work in compliance with such written notice within thirty (90) days after the service of same upon the Grantee (unless the Grantee shall be unable to comply with such notice by reason of strikes, riots, acts of God, or acts of public enemies) , the City Engineer may cause the work required in said notice- to be done- by the City or at the election of the- City,, by a -private contractor. The Grantee agrees to pay the posts thereof within ten (10) days after delivery of an Itemized bill therefor to it, or its local agent, or -manager. The cost of .doing said work shall be considered the actual cost, plus- fifteen percent (15%) thereof for overhead. If the Grantee is dissatisfied with any determination of the City Engineer permitted by this section, it may petition the City Council to review the same within ten (10) days after such .det4rmination. During the pendency of such petition, the work required to be done shall be suspended. The decision of the City Council thereon shall be final and conclusive. Ord. No. 1005 ARTICLE VIII BREAKS OR LEAKS If any portion of any street shall be damaged by reason of breaks or leaks In any pipe or conduit constructed under this franchise,, the Grantee shall, at its own expense Immediately following written notice or oral notification thereof, repair any such leaks or damage and put such street in as good condition as it was before such break or leak to the satisfaction of the City Engineer. ARTICLE IX ,EMERGENCY -EQUIPMENT AND CREWS At all times during the :term of, this franchise, the grantee shall maintain on a twenty-four (24) hour a day basis, adequate" emergency equipment anda properly trained emergency crew within a radius of thirty miles from any facil- ities Installed or maintained pursuant thereto for the pur- pose of shutting off the pressure and the flow of the contents of such facilities In the event of an emergency resulting from an earthquake, act of war, civil disturbance, flood or other cause. ARTICLE X REMOVAL OR ABANDONMENT OF FACILITIES At the time of expiration, revocation, or termination of this franchise or of the permanent discontinuance of the 7. Ord. No. . 1005 use 'of its facilities, or any portion thereof,, the Grantee shall, within thirty (30) days thereafter, make a written application to the City Engineer for authority either: (1) to abandon all, or a portion of such facilities in place, or (2) to remove all, or a portion, of such facilities. Such application shall describe the facilities desired to be abandoned or removed by reference to the map or maps required by Article V of this ordinance and shall also describe with ,reasonable accuracy the relative physical condition of such facilities. Thereupon, the City Engineer shall determine whether any abandonment or renewal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall then notify the Grantee according to such requirements as shall be specified in the City Engineer's order, and within ninety (90) days thereafter, to either: (a) Remove all, or a portion of such facilities; or (b) Abandon in place all, or a portion of such facilities. If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned In accordance with all such conditions, then the City Engineer may make ad- ditional appropriate orders, Including, if he deems desirable, 8. Ord. No. 1005 In order that the Grantee shall remove all such facilities in accordance with applicable requirements. In the event the Grantee shall fail to remove any facilities which it is obligated toremove In accordance with such applicable re- quirements with-in such time as may be prescribed by the, City Engineer,,.- then the City-may remove such facilities at the, Grantee's expense and the Grantee shall pay to the City the actual cost thereof to the City plus fifteen percent (15%) for overhead. The decision of the City Council shall be final and conclusive. ARTICLE XI COMPLETION OF WORK Whenever the grantee fails to complete any work re- quired of the Grantee by the terms of this franchise within the time limits required hereby, the City may cause such work to be completed by the City, or at the election of the City, by a private contractor. The Grantee agrees to pay to the City within ten, (10) days after delivery, of an- itemized bill covering the cost of performing such, work-, amount equal to fifteen percent (15%) thereof for overhead. If the Grantee is dissatisfied with the determination of said amount it may petition the City Council to review the same within ten (10) days after such determination. The decision of the City Council shall be final and conclusive* 9 Ord. No. 1005 ARTICLE XII BOND The franchise is granted on the condition that the Grantee has now and shall at all times during the life .of this franchise keep on file with the City a bond running to the City in the sum of One Thousand Dollars ($1000.00) exe- cuted by a reputable surety company entitled to do business in the State of California. The said bond shall contain the conditions that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of, any breach of condition of said bond, the whole amount of the sum therein named shall be taken and deemed to be liquidated damages and shall. be recoverable from the principal and from the sureties upon said bond. 'The provisions of this Article XII shall not exempt the Grantee from compliance with any of the laws of the City in force during the term hereof which require the Grantee to post a bond other than the bond required by this Article. ARTICLE XIII INSURANCE The Grantee, if It has not already done so, , shall procure and keep In effect throughout the term of this fran- chise a policy or policies of liability insurance from an insurance colnpany authorized to do business In California, Ord. No. 1005 In an amount not less than $100,000 for any person and $300,000 for any accident and $25,000 for property damage. Said policy or policies shall name the City, its agents, and employees as persons co-Insured with the Grantee* A cer- tified copy thereof shall be filed in the office of the City Clerk of the City of Huntington Beach, at the request of the City Clerk. ARTICLE XIV INDEMNIFICATION BY GRANTEE The Grantee, by the acceptance or use of the fran- chise hereby granted, agrees to keep and save free and harmless the City, its officers, agents, and/or employees against any and all claims, demands, or causes of action which may be asserted,, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by it of the City streets hereunder or arising out of any of the operations or activities of the Grantee pursuant to this franchise, whether such damage shall be caused by negligence or other- wise, accepting therefrom, however, any- claim; demand or cause of action, which may be asserted,, prosecuted or estab- lished against the City under the provision of the Workmens' Compensation Act for injury to, or the death of any City officers, agents, or employees while acting within the scope of their employment. Ord. No. 1005 ARTICLE XV ASSIGNMENT The Grantee shall not sell, lease, or assign this franchise or the rights or privileges granted thereby, or any of them, without the consent of the City Council nor shall this franchise be sold, leased, or assigned except by a duly executed Instrument In writing filed In the office of the City Clerk; and nothing in this franchise contained shall be con- strued to grant to the Grantee any right to sell, lease or assign this franchise, or any of the rights or privileges hereby granted, except In the manner aforesaid. ARTICLE XVI DEFAULT A. Non-Curable Default. In the event that the Grant- ee shall default In the performance of any of the terms, covenants or conditions herein and such default is not curable, the City may declare this franchise forfeited. Upon giving written notice thereof to the Grantee, this franchise shall be void and the rights of Grantee hereunder shall cease and the Grantee shall executean instrument of surrend-er and deliv- er the same to the City. B. Curable Default. In the event that the Grantee shall default In the performance of any of the terms, coven- ants and conditions herein and such default is curable, the City may give written notice to the Grantee of such default. 12. urd. Ao. 1005 In the event that the Grantee does not commence the work necessary to cure such default within thirty (30) days after such notice is sent or prosecute such work diligently to com- pletion, the City may declare this franchise forfeited. Upon giving written notice thereof to the Grantee,, this franchise shall be void and the rights of the Grantee hereunder shall cease and the Grantee shall execute an instrument of surrender and deliver the same to the City. C. Cumulative Remedies. No provision herein made for the purpose of securing the enforcement of the terms and con- ditions of this franchise shall be deemed an i exclusive remedy or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedure herein provided, in addition to those provided by law, shall be deemed to be cumulative. ARTICLE XVII SUPERSEDURE This franchise shall be In lieu of any like franchise, if any, heretofore granted by the City to the Grantee and such other franchise, if any, shall be deemed to be andshall be repealed as of the date upon which the grant of this fran- chise is effective as to a Grantee under such other franchise, and the rights, liabilities and obligations of such Grantee under such other franchise shall thereupon cease and terminate. 13 - Ord. No. 1005 Should the foregoing be applicable to the grant of this, fran- chise, the Grantee shall pay to the CIty any and all amounts accrued up to the effective date of this franchise under such other franchise so repealed as shown by statement of such amounts In the form required by such other franchise filed not later than ninety _ (90) days after this ordinance becomes effective. Payment of such accounts shall be made with the filing of such statement. ARTICLE XVIII SCOPE' OF RESERVATION so Nothing herein contained shall ever be construed/as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted 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 reserva- tion herein made or as limiting such rights as the City may now or hereafter have in law. ARTICLE XIK ,NOTICE Any notice required to be given under the terms of this franchise, the manner of service of which is not spec- ifically provided for, may be served as follows: 14. Ord. No. 1005 Upon the City, by serving the City Ad- ministrator, or- the City Clerk personally, or by addressing a written notice to the City Clerk of the City of Huntington Beach, California, City Hall, P.O. Box 190, Hunt- ington Beach, California, and depositing such notice In the United States Mail, postage prepaid. Upon the Grantee by addressing a written notice to Grantee, addressed to Texaco, Inc. , 3350 Wilshire Boulevard, Los Angeles 5, Calif. (or such other address as may from time to time be furnished in writing by one party to the other and depositing said notice In the United States Mail, postage prepaid) . When the service of any such notice Is made by mail the time of such notice shall be- gin with and run from the date of the deposit of same In the United States Mail. ARTICLE XX SUCCESSORS The terms herein shall Inure to the benefit of, or shall bind, as the case may be, the successors and as- signs of the parties hereto, subject, however, to the pro- Visions of Article IV. ARTICLE XXI RESTRICTION ON SERVICE The Grantee shall not use any of the lines laid pursuant to the provisions of this franchise for the purpose of acting as a public utility. 15. Ord. No. 1005 ARTICLE XXII ACCEPTANCE OF FRANCHISE This franchise is granted and shall be held and en- joyed only upon the terms and conditions herein contained and the Grantee must, within thirty (30) days after the passage of the ordinance granting said franchise, file with the City Clerk of the City of Huntington Beach a written ac- ceptance of such terms and conditions. ARTICLE XXIII FRANCHISE TO BE STRICTLY CONSTRUED AGAINST GRANTEE This franchise is granted upon each and every condit- ion herein contained and shall be strictly construed against Grantee. Nothing shall pass hereby unless it be granted in plain and unambiguous terms. Each of said conditions- is a material and essential condition to the 'granting of this franchise. Section 2. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated In the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. 16. Ord. No. 1.005 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 16th day of September , 1963. Mayor �- ATTEST: City Aerk 16. Ord. No. 1005 STATE OF CALIFORNIA County of Orange ss City of Huntington Beach 19 PAUL C. JONES, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-of- ficlo Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of September 1963, and was again read to said City Council at a regular meeting thereof held on the 16tb day of Septemb er 1963, and was pass- ed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells, Gisler, Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: None City Clerk ex-o ficio,"C16:bk_oV--tkae' City Council of t e City of Huntington Bkk h California*