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HomeMy WebLinkAboutOrdinance #1033 ORDINANCE No. 1033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GRANTING TO UNION OIL CO. OF CALIFORNIA, A CALIFORNIA CORPORATION, A FRANCHISE COVERING CERTAIN FACILITIES WITHIN CERTAIN OF THE PUBLIC WAYS OF THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach does ordain as follows: Sectial 1. Terms and conditions of Franchise: ARTICLE I NATURE OF FRANCHISE There is hereby granted to Union Oil Company of California, a California corporation, hereinafter referred to as "Grantee" for a term of twenty five (25) years, from and after the effective date of this ordinance, subject, however, to all the limitations 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 pipelines for the purpose of transporting oil, gas, petroleum, gasoline, other liquid hydrocarbon substances, yd Ord. No. 1033 water, waste water, mud steam and other substances, together with underground telephone and telegraph and electrical power lines necessary or convenient for the Grantee's business, in, under, over, along or across certain streets, highways, alleys and other public ways in the City of Huntington Beach as described in Article II A, and within such other streets, highways, alleys and other public way's in the City of Huntington Beach as may, be authorized by the City- Council in accordance with the provisions of Article II B. ARTICLE II STREETS PERMITTED TO BE USED A. Specific Street Routes: This franchise is spe- cifically granted along the following routes: Algonquin Street, from its northerly terminus at Heil Avenue, southerly to its southerly terminus at the northwesterly line of Warner Avenue; and Warner Avenue, from said southerly terminus of Algonquin Street, southerly', south- westerly and westerly to the westerly City boundary, line crossing Warner Avenue, B. Authorization to Use Additional Streets: The City Council may grant to the Grantee author- ization to use additional streets, highways, alley's or other public ways for any of the pur- poses covered by this franchise, upon application by the Grantee to the City Council for such authorization; provided that facilities constructed pursuant to any such further authorization by the City Council shall be subject to all of the pro- visions of this franchise; and provided further that, before granting any such further author- ization, the City Council shall pass a resolution declaring its intention to grant the same, which resolution shall fix and set forth the day', hour and place when and where any, persons having any interest therein or any' objection to the granting thereof may appear before the City Council 2, Ord. No. 1033 and be heard thereon. The City Council shall direct the City Clerk to publish said reso- lution at least once, within fifteen days of the passage thereof, in the official newspaper, which notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing, the City- Council shall proceed to hear and pass upon all proceedings and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny, the application. 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 con- venient for the proper maintenance and operation of the pipelines under said franchise. Said appurtenances shall not interfere with the use of the street and be so located as to conform to any order of the City Engineer of the City, of Huntington 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 construction and repair of said pipelines and ap- purtenances and said underground telephone, telegraph and electrical power lines. ARTICLE IV CONSTRUCTION OF PIPELINES OR APPURTENANCES The facilities constructed and maintained under the provisions of this franchise shall be constructed and main- tained in a good, workmanlike manner and in conformity with all ordinances, rules or regulations now or hereafter adopted 3. Ord. No. 1033 or prescribed by the City Council. All facilities con- structed 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, maintaining, or repairing all facilities hereunder 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 franchise, a statement describing in detail the total length of any facilities 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 facilities so constructed, removed or abandoned. If cathodic protection is to be used for facil- ities 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. 1033 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 diam- eter per lineal foot per year for each pipeline and $25.00 per mile of underground conduit in- stalled and maintained in the public streets or ways; provided, however, that such payment shall in no event be less 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 detail 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 facilities are constructed, maintained or operated under this franchise and upon receiving written notice from the City Council of its intention to do so, the Grantee shall 5. Ord. No. 1033 promptly and at its own cost and expense, change the lo- cation 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 im- provement by the Grantee 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 fail to commence work in compliance with such written notice within thirty (30) day's after 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 re- quired 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 costs 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) day's after such determination. 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. ARTICLE VIII BREAKS OR LEAKS 6. Ord. No. 1033 If any portion of any street shall be damaged by reason of breaks or leaks in any- facility constructed under this franchise, the Grantee shall, at its own expense, im- mediately 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 and a properly trained emergency, . crew within a radius of thirty miles from any facilities in- stalled or maintained pursuant hereto for the purpose 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 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. 7. Ord. No. 1033 Such application shall describe the facilities desired to be abandoned or removed by reference to the map or maps re- quired 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 removal which is thereby pro- posed may, be effected without detriment to the public in- terest 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 additional appropriate orders, including, if he deems de- sirable, an order that the Grantee shall remove all such facil- ities in accordance with applicable requirements. In the event the Grantee shall fail to remove any facilities which it is obligated to remove in accordance with such applicable requirements within 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 plus fifteen percent (15%) for over- head. The decision of the City Council shall^ be final and 8. Ord. No. 1033 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, an 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 de- cision of the City Council shall be final and conclusive. 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 ob- serve, fulfill and perform each and every term and condition of this franchise and that in case of any breach of con- dition of said bond the whole amount of the sum therein named shall be taken and deemed to be liquidated damages 9. Ord. No. 1033 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 company authorized to do business in California, 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 certi- fied 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 franchise 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 10. Ord. No. 1033 hereunder or arising out of any of the operations or acti- vities of the Grantee pursuant to this franchise, whether such damage shall be caused by negligence or otherwise, ex- cepting therefrom, however, any claim, demand or cause of action, which may be asserted, prosecuted or established against the City under the provision of the Workmen 's Com- pensation Act for injury- to, or the death of any City, of- ficers, agents, or employees while acting within the scope of their employment, ARTICLE XV ASSIGNMENT The Grantee shall not sell, lease, or assign this fran- chise or the rights or privileges granted hereby, 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 construed to grant to the Grantee any right to sell, lease o 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 Grantee 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 11. Ord. No. 1033 t shall cease and the Grantee shall execute an instrument of surrender and deliver 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. In the event that the Grantee does not commence the work nec- essary 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 fran- chise 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 provisions herein made for the purpose of securing the enforcement of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the en- forcement of said terms and conditions, but the remedies and procedure herein provided, in addition to those pro- vided 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 and shall be repealed as of the date upon which the grant of this franchise is effective, and the rights, liabilities and 12. Ord. No. 1033 obligations of such Grantee under such other franchise shall thereupon cease and terminate. Should the foregoing be ap- plicable to the grant of this franchise, the Grantee shall pay to the City any and all amounts accrued up to the ef- fective 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 amounts shall be made with the filing of such statement. ARTICLE XVIII SCOPE OF RESERVATION Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may hereafter be 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 reser- vation herein made or as limiting such rights as the City- may- now or hereafter have in law. ARTICLE XIX NOTICE Any notice required to be given under the terms of this franchise, the manner of service of which is not speci- fically provided for maybe served as follows: Upon the City, by serving the City Adminis- trator, or the City Clerk personally, or by- addressing a written notice to the City Clerk of the City of Huntington Beach, California, 13. Ord. No. 1033 City Hall, P. 0. Box 190, Huntington 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 Union Oil Company of California, P. 0. Box 7600, Los Angeles 54, California, 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 begin 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 assigns of the parties hereto, subject, however, to the provisions of Article XV. ARTICLE XXI RESTRICTION ON SERVICE The Grantee shall not use any of the lines laid pur- suant to the provisions of this franchise for the purpose of acting as a public utility. 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. 14# Ord. No . 1033 ARTICLE XXIII FRANCHISE TO BE STRICTLY CONSTRUED AGAINST GR NTEE This franchise is granted upon each and every condition 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. 15. Ord. No. 1033 Section 2. The City Clerk shall certify to the passage 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 cir- culated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 20th day of January 1964. Mayor ---ATTEST: City Cle APPROVED AS TO FORM: James Plunkett, Ci tt rney B. Geo g hibata Ass .City Attorney 1;6. Ord. No. 1033 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: C ITY OF H UNT INGTON BEACH ) I, PAUL C. JONES , the duly elected, qualified acid acting City Clerk of the City of Huntington Beach and ex- officio 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 6thday of Ja=ajLM , 1964, and was again read to said City Council at a regular meeting thereof held on the 20 h day of January , 1964, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Gisler Stewart, Welch, Lambert NOES: Councilmen: None ABSENT: Councilmen: Wells. ity, er andVok-officlio Clerk of--the City C uncil of the City of Huntington Beach, California