HomeMy WebLinkAboutOrdinance #2615 ORDINANCE NO. 2615
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO GULF OIL CORPORATION, A PENNSYLVANIA
CORPORATION, A FRANCHISE TO LAY, CONSTRUCT,
MAINTAIN, OPERATE, RENEW, REPAIR, ALTER, RE-
MOVE OR ABANDON IN PLACE ONE OR MORE EXISTING
PIPES AND PIPELINES FOR THE COLLECTION, TRANS-
PORTATION OR DISTRIBUTION OF HYDROCARBON SUB-
STANCES IN THE CITY OF HUNTINGTON BEACH
WHEREAS, Huntington Beach Charter section 615 provides
that franchises shall be granted by adoption of an ordinance; and
Gulf Oil Corporation, a Pennsylvania corporation, has re-
quested renewal of a franchise to lay, construct, maintain,
operate, renew, repair, alter, remove or abandon in place one
or more existing pipes and pipelines for the collection, trans-
portation or distribution of hydrocarbon substances in the city;
and
The City of Huntington Beach has entered into a franchise
agreement with Gulf Oil Company,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows:
SECTION 1. The franchise sought by Gulf Oil Corporation,
a Pennsylvania corporation, is hereby granted subject to the
terms and conditions set forth in the Franchise Agreement, a
copy of which is attached hereto, marked Exhibit A, and by this
reference made a part hereof as though set out in full herein.
SECTION 2. This ordinance shall become effective thirty
days after its adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
ahb
3/31/83 1.
day of April 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: I TIATED AND APPROVED:
City Administrato Direc or of Public Works
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FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under and pursuant to the laws of the
State of California (hereinafter the "CITY") , and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF") ,
effective as of September 8 , 1983 (the "Effective Date") ,
pursuant to the CITY 's "Pipeline Franchise Ordinance" as set
forth in Chapter 3 .44 of the Huntington Beach Municipal Code
(Sections 3.44 .010 , et seq.) .
RECITALS
WHEREAS , by Ordinance No . 315 , the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc. , GULF 's predecessor in interest , a franchise for
the construction, operation and maintenance of a pipeline
system for the transportation of oil, gas and other hydrocarbon
substances; and
VTHEREA.S , the CITY has succeeded to the rights and
benefits of the County of Orange under said franchise with
respect to that portion of the pipeline system located within
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the territorial limits of the City of Huntington Beach and now
has jurisdiction for authorizing franchises respecting the
same; and
EXHIBIT_-
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WHEREAS , GULF is the successor in interest to Wilshire
Oil Company, Inc. , with respect to the rights and obligations
.--of the grantee under said franchise; and
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f WHEREAS , said franchise will expire on September 8,
1983; and
WHEREAS GULF has requested that the CITY renew said
franchise; and
WHEREAS , City Council of the City of Huntington Beach h
has determined that a renewal of said franchise by the granting
of this Franchise Agreement would be consistent with the public
interest, convenience and necessity;
NOW, -THEREFORE, the CITY and GULF agree as follows:
1. Grant . The CITY hereby grants to GULF, for a
term commencing on the Effective Date and continuing through
December 18 , 2005, subject , however , to all limitations,
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restrictions and conditions set forth herein and/or
incorporated herein by specific reference, the right , privilege
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and franchise to day, construct , maintain, operate, renew,
repair , change the size of, remove or abandon in place one or
more existing pipes and pipelines for the collection,
transportation or distribution of oil, gas, gasoline,
petroleum, wet gas and hydrocarbon sub stances, together with
all manholes , valves, appurtenances and service connections
necessary or convenient for the operation of said pipes or
pipelines including conduits, cathodic protection devices,
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wires, cables and other appurtenances necessary or convenient
for the exercise of GULF 's business , in, under and along
certain streets, roads, highways, alleys, lanes and, other
public ways within the City of Huntington Beach as herein
designated or as may subsequently be authorized pursuant to
Section 3 .44 .330 of the Huntington Beach Municipal Code.
2. Application Of Grant . This Franchise Agreement
shall apply to that• portion of GULF 's pipeline system within
the territorial limits of the City of Huntington Beach in
existence on the Effective Date and constructed and operated
pursuant to the franchise granted by the Board of Supervisors
of the County of Orange by Ordinance No. 315, including, but
not limited to, the pipelines running from GULF 's receiving and
storage facilities located at the intersection of Newland
Street and Hamilton Street northerly along Newland Street to
Adams Street , thence westerly along Adams Street to Huntington
Avenue, thence northerly along Huntington Avenue to Clay Avenue
(Summit Avenue) , thence westerly along Clay Avenue to Golden
West Avenue, and thence along Golden West Avenue in both a
northerly direction to the northernmost limits of the City of
Huntington Beach and southerly along Golden West Avenue to
Ocean Avenue (Pacific Coast Highway) .
3 . Incorporation Of Pipeline Franchise Ordinance,
Definitions And Supremacy Of Franchise .Agreement . This
Franchise Agreement is granted upon and subject to the rules,
regulations, restrictions , terms and conditions of the CITY 's
existing"Pipeline Franchise Ordinance" as .set forth in
. ..._Chapter 3 . 44 of the Huntington Beach Municipal Code, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
by this reference, except to the extent the same may be
inconsistent with any of the express provisions of this
Franchise Agreement . In the event of any inconsistencies, the
provisions hereof shall prevail. All references in this
Franchise Agreement to specific sections of the Huntington
Beach Municipal Code are references to those sections as they
{ now exist and are reflected in said Exhibit "I" . The words and
phrases in this Franchise Agreement shall have the identical
meaning as provided in Section 3 .44 . 040 of the Huntington Beach
Municipal Code .
4 . Compensation To City. GULF shall pay the
following fees to the CITY with respect to the rights and
privileges granted to GULF hereunder :
4.1 Base granting fee . GULF shall pay the CITY
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the sum of five thousand dollars ($5,000) as a one-time
base granting fee within thirty (30) days following the
Effective Date.
4 .2 Base annual fee and adjustments. A base
annual fee shall be paid within sixty (60) days after the
end of each calendar year during the term of this Franchise
Agreement , including 1983 , in the amount of twelve cents
($ .12) per lineal foot of pipe for all pipelines with an
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internal diameter of eight (8) inches or less and an
additional two cents ($ .02) per inch of •internal diameter
per foot of pipe for each inch or portion thereof in excess
of eight (8) inches. In determining the number of feet of
j pipeline upon which the annual fee will be computed , the
greatest number of feet of pipeline covered by this
Franchise Agreement during the calendar year for which
payment is due will be utilized . If the base annual fee is
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not paid within seventy-five (75) days following the end of
j any calendar year during the term hereof, a penalty shall
j be assessed at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date; provided ,
however , that in no event shall said penalty exceed the
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rate of fifty percent (50%) . Said base annual fee shall be
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subject to annual adjustment pursuant to Section 3 .44.290
of the Huntington Beach Municipal Code. Furthermore, said
base annual fee shall be subject to proration pursuant to
Section 3 .44 .300 of the Huntington Beach Municipal Code.
4 .3 Base construction charges. GULF shall pay
at the time of installation, relocation or replacement of
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any pipeline or other facility covered by this Franchise
Agreement , a base construction charge of one thousand five
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hundred dollars ($1,500) for each one-half mile of pipeline
or fractional part thereof installed , replaced or relocated
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on major streets and one thousand dollars ($I,b00) per
one-half mile or fractional part thereof on minor streets.
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5 . Consent To Assignment . Notwithstanding any
contrary provisions contained in Section 3:44 .210 of the
..__.Huntington Beach municipal Code, the CITY agrees that it will
not withhold consent to a full and complete transfer and
assignment of GULF 's rights, privileges and obligations
hereunder to a •
responsible transferee and that the
CITY will
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not condition the granting of such consent upon the imposition
of any additional terms and conditions to this Franchise
Agreement . Upon consent t-o such assignment and transfer , GULF
shall be relieved from all obligations and liabilities accruing
hereunder subsequent to the date of such assignment and
transfer .
6 . Force Majeure. The obligations of any party
hereunder , other than the obligation to pay money, shall be
suspended for so long as such party is unable, in whole or in
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part , to carry out its obligations under this Franchise
F Agreement by reason of an act of God , strike, walkout or other
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industrial disturbance , act of the public enemy, war, blockade,
public riot , lightning, fire, storm, flood , explosion,
governmental action , governmental delay, restraint or inaction,
the unavailability of equipment or materials, or any other
cause , whether similar or dissimilar to the types specifically
enumerated above , which is beyond the reasonable control of the
party claiming the right to suspend its obligations. Such
affected party shall provide prompt written notice to the other
of the details of the "force majeure , " and shall use all
reasonable diligence to remove , eliminate or otherwise minimize
__the force majeure situation as quickly as is practicable.
Nothing herein contained shall require a party to settle a
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labor dispute contrary to the wishes of such party.
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7. Surrender . GULF shall have the right to
surrender its rights under this Agreement and be relieved of
the obligation to pay the base annual fee herein provided for
at any time after the Effective Date hereof by filing written
notice of its intention to surrender said right with the City
Clerk of the CITY; provided, however, that GULF shall comply
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with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities.
8 . Entire Agreement . This Franchise Agreement
contains the entire agreement of the parties and supersedes any
prior understandings or agreements between GULF and the CITY
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with respect to the matters addressed in this Franchise
Agreement
IN WITNESS WHEREOF, the parties hereto have executed
this Franchise Agreement on the date which is set forth
opposite their respective signatures.
CITY OF HUNTINGTON BEACH
a municipal corporation
DATED: By
Mayor
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Attest
DATED: By
City Clerk
APPROVED AS TO FORM: REVIEWED ND APPROVED:
By
City Attorney City AdnTinisttator
INIT A � D AP E
By
Dire for of Public Works
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j GULF 'OIL CORPORATION
DATED: March 31, 1983 By ah
W. P. o les
Vice-P sdent
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Chapter 3. 44
PIPELINE FRANCHISES
Sections .,
I. GENERAL PROVISIONS AND DEFINITIONS
3.44.010 Short title .
3. 44. 020 General provisions .
3. 44. 030 Pole lines .
3.44 ,040 Definitions .
3. 44 .050 Term.
3.44.060 Franchise agreement .
3. 44. 070 Nonexclusive franchise.
3.i44 .080 Maps .
3. 44. 090 Insurance .
3. 44.100 Liability insurance.
3. 44.110 Workers ' compensation insurance .
3. 44. 120 Workers ' compensation insurance---Filing.
3. 44.130 Faithful performance bond.
3. 44.140 Alternate security,
3. 44.150 Length.
3. 44. 160 Forfeiture .
3.44.170 Value of franchise.
3-.44 ,180 State highways .
3. 44 .190 Eminent domain.
3. 44. 200 Publication costs.
3. 44 .210 Assignment .
3. 44. 220 Hold harmless .
3. 44. 230 Standards .
3.44 .240 Defective facilities .
3, 44. 250 Hazardous substances .
II . COMPENSATION
3. 44.260 Base granting fee .
3. 44. 270 Base annual fee ,
3. 44.280 Base construction charges.
3. 44.290 Adjustments--Base annual fee .
3. 44. 300 Proration of payments.
3. 44 . 310 Records .
III. CONSTRUCTION
3. 44 . 320 Construction requirements .
3. 44. 330 New installation or replacement .
3. 44. 340 Permits .
3. 44.350 Work on and restoration of streets .
3. 44 . 360 Failure to timely comply.
3.44. 370 Completion statement .
3 . 44. 380 Appurtenances .
3. 44. 390 Ordinary repair.
3. 44 .400 Breaks or leaks .
3. 44 .410 Emergency equipment .
78-5
3. 44. 040
(c ) "Department" shall mean the public works department of
the city of Huntington Beach.
(d) "Director" shall mean public works director of the city
of Huntington Beach.
(e) "Franchisee" or "grantee" shall mean the person to whom
the franchise is granted, and any person to whom it is lawfully
assigned.
(f) "Facilities" or "appurtenances" shall mean all property
of the franchisee, including, but not limited to, pipelines , pump
stations , and service connection with the franchisee ' s facilities ,
whether installed by the franchisee or not , erected, constructed,
laid, operated or maintained in, upon, over, under, along or across
any street pursuant to any right or privilege granted by the
franchise.
(g) "Franchise payment period" shall mean the time period
between the effective date of the franchise agreement granting the
franchise and December 31 of the same year, and each calendar year
thereafter, during the life of the franchise .
(h) "Franchise report period" in all cases shall mean the
time period between the effective date of the franchise agreement
granting the franchise through and including December 31 of that
year, and each calendar year thereafter, during the life of the
franchise .
(i) "Highway" or "street" shall mean any public highway,
freeway (except a state freeway) , street , road, alley, lane or
court or other public easement , and above and below the same ,
which now exists or which may hereafter exist in the city of
Huntington Beach.
Q ) "Main" shall mean any pipeline or conduit laid in, along,
or approximately parallel with any street for the collection, trans-
mission or distribution of any hydrocarbon substances .
(k) "Major street" shall mean any street or portion thereof
designated as a major secondary highway in the circulation element
of the Huntington Beach General Plan.
(1) "Minor street" shall mean all streets in the city other
than those designated as "major" or "secondary highways" in the
circulation element of the Huntington Beach General Plan.
(m) "Person" shall mean any individual, person, firm, partner-
ship or corporation.
78-7
3. 44 .110--3. 44 .120
(b ) Provide a combined single limit liability insurance in
the amount of one million dollars ($1000 ,000) .
(c) Be noncancellable without thirty ( 30 ) days written`
notice thereof directed to council. (Ord. 2319 , 5 Oct 78)
3. 44.110 Workers ' compensation insurance. The policy of
workers ' compensation insurance, required by this chapter, shall:
(a) Have been previously approved as to substance and form
by the California insurance commissioner.
(b) Cover all employees of franchisee who in the course
and scope of their employment are to conduct or do work pursuant
to the franchise operations.
(c) Provide for every benefit and payment presently or
hereinafter conferred by Division 4 of the Labor Code of the state
of California upon an injured employee, including the vocational
rehabilitation and death benefits .
(d) Be noncancellable without thirty (30) days ' written
notice thereof directed to council. (Ord. 2319 5 Oct 78)
3. 44,120 Workers' compensation insurance--Filing. Franchisee
shall file with the city clerk prior to commencement of any fran-
chise operations either certified copies of said policies or a
certificate of insurance for each of the required policies executed
by the company issuing the policy, certifying that the policy is
in force and providing the following information.
(a) The policy number.
(b) The date upon which the policy will become effective
and the date upon which it will expire.
(c) The names of the insured and any additional insureds .
(d) Subject of the insurance.
(e) The type of coverage provided by the insurance.
(f) Amount of limit of coverage provided by the insurance.
(g) A description of all endorsements that form a pert of
the policy .
(h) The insured shall agree to defend, indemnify and hold
harmless the city of Huntington Beach against loss, damage or
expense by reason of any suits, claims, demands , judgments caused
by insured in the performance of the franchise .
Any franchise operations shall not commence until fran-
chisee has complied with the aforementioned provisions of this
section, and any such operations shall be suspended during any
3. 44. 180--3. 44.220
thereof, stipulates and agrees that in any proceeding for the pur-
pose of adjusting the rates of the grantee, no greater value shall
be placed upon the franchise than the actual cash paid therefor
by the grantee. (Ord. 2319 , 5 Oct 78)
3. 44.180 State highways. If any street or portion thereof
becomes a state highway, except for the right to continue to collect
franchise payments and such other: rights as by law remain with -the
city, the state shall succeed to all rights reserved to the city
by the franchise. (Ord. 2319 , 5 Oct 78)
3. 44.190 Eminent domain. No franchise granted by the city
shall in any way impair or affect the right of the city or any
successor in authority to acquire the property of the grantee by
purchase or condemnation, and nothing contained in such a fran-
chise shall be construed to contract away, modify or abridge either
for a term or in perpetuity the city' s right of eminent domain in
respect to any public utility. (Ord. 2319 , 5 Oct 78)
3. 44 .200 Publication costs . The grantee shall pay to the
city within thirty 30 days after receiving a statement therefor,
all advertising and publishing costs , including the cost of pub-
lishing the granting of the franchise, if necessary. (Ord. 2319,
5 Oct 78)
3. 44 .210 Assignment . The grantee shall not sell, transfer,
assign or lease the franchise or any part thereof, except with the
written approval of the council. Such sale, transfer, assignment,
or lease shall be made only by filing with the council a copy of
the duly executed instrument of such sale, transfer, assignment or
lease and a written request for the consent of the council to such
sale, transfer, assignment or lease. If such duly executed instru-
ment and such written request is not filed with the council before
the expiration of thirty (30 ) days after the effective date of
such sale , transfer, assignment or lease , then, upon the expira-
tion of said thirty (30) days , the franchise shall be subject to
forfeiture and the council may, without notice, revoke the fran-
chise. As a condition to the granting of consent to such sale,
transfer, assignment or lease , the council may impose such addi-
tional terms and conditions upon the franchisee and upo7i the
grantee or assignee, which the council may deem to be in the
public interest . Such additional terms and conditions shall be
expressed by council resolution. Nothing herein contained shall
be construed to grant to the grantee the right to sell, transfer,
assign or lease the franchise, or any part thereof, except in the
manner aforesaid. This section applies to any assignment , whether
by operation of law, by a voluntary act of the grantee or otherwise .
(Ord. 2319 , 5 Oct 78)
3. 44 .220 Hold harmless . The grantee shall be responsible to
the city and shall defend, indemnify and hold harmless the city and
its officers and employees from all damages or liability arising
from the use , operation or possession of the franchise , and from
78-11
3.44 270--3. 44.290
five thousand dollars ($5,000 ) for pipelines with a total length
of 1/4 mile or more or five hundred dollars ($500) for pipelines
with a total length of less than 1/4 mile shall be paid within
thirty (30) days after the execution of the franchise agreement .
If at any time following the grant of a franchise, additional
pipeline is added which will result in a total length of pipeline
of 1/4 mile or more, the 'five thousand dollar ($5,000 ) granting
fee shall be required at the time said footage is added. (Ord.
�319 , 5 Oct 78)
3. 44.270 Base annual fee. A base annual fee shall be paid
within sixty 0 days after the end of each calendar year and
during the life of the franchise for each and every year, includ-
ing the year of granting the franchise, according to the "fran-
chise payment period" as defined in this chapter, in the amount
of 12 cents ($.12) per lineal foot of pipe for pipelines with an
internal diameter of 8 inches or less and an additional 2 cents
($.02) per inch of internal diameter per foot of pipe for each
inch or portion thereof in excess of 8 inches . In determining
the number of feet of pipeline upon which the annual fee will be
computed, the greatest number of feet of pipeline covered by the
franchise during the calendar year for which payment is due will
be utilized. The base annual fee shall be paid no later than
seventy-five (75) days following the end of the calendar year
and a penalty at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date shall be charged, but
in no event shall said penalty exceed fifty percent (50%) .
The city reserves the right to adjust the base fees, as
established in sections 3. 44 . 260 and 3. 44. 270, at any time after
the effective date of the franchise agreement granting a franchise.
(Ord. 2319 , 5 Oct 78)
3. 44.280 Base construction charges. The holder of the fran-
chise shall pay at the time of installation, relocation, or
replacement of any pipeline or other facility covered by the
franchise, a base construction charge of one thousand five hundred
dollars ($1,500 ) for each 1/2 mile of pipeline or fractional part
thereof installed, replaced or relocated on major streets and
one thousand dollars ($1,000) per 1/2 mile or fractional part
thereof, on minor streets . The city reserves the right to change
the base fees established hereunder at any time after the effec-
tive date of the franchise agreement . (Ord. 2319 , 5 Oct 78)
3. 44.290 Adjustments--Base annual fee. The amount of each
annual payment of the base annual fee shall be revised every year
from the effective date of the franchise agreement at the time of
payment , in accordance with the following formula:
(a) The "Wholesale 'Producer' Price" index (1967=100 ) "All
Commodities" , established by the United States Bureau of Labor
Statistics , Department of Labor, as it stands on the date the
franchise is granted, shall be taken as the "base index" upon
which the above franchise fee is computed.
78-13
3. 44. 320--3. 44.350
III. CONSTRUCTION
3. 44 .320 Construction requirements . Pipelines and appur-
tenances shall be constructed and maintained in a good workman-
like manner in conformity with the terms and conditions of any
city ordinance, rule or regulation now, or as hereafter amended,
adopted or prescribed by the city. All pipes laid under the
franchise shall be of first class material. (Ord. 2319 , 5 Oct 78)
3.44.330 New installation or replacement. New installations
or replacements of pipelines and appurtenances and all other
facilities necessary for the installation, operation, maintenance,
and safety of pipelines and conduits shall be laid and maintained
only pursuant to permit issued by the department . All such instal-
lations or replacements shall be reviewed by the director as to
the most desirable location in the streets of the city and his
decision shall be final and binding on the franchisee . (Ord. 2319,
5 Oct 78)
3. 44.34o Permits . Where the provisions of any city ordi-
nance, resolution or regulation, which shall be in force at that
time, require the issuance of an excavation, encroachment or
other type of permit , the franchisee shall not commence any
excavation or encroachment work under the franchise until it
shall have obtained such permit from the department except in
cases of emergency affecting public health, safety or welfare
or the preservation of life or property, in which case the fran-
chisee shall apply for such permit not later than the next busi-
ness day.
The application of the franchisee for such permit shall
show the following facts: the length and proposed location of
the pipeline and/or appurtenance intended to be used, and such
other facts as the department may require. The franchisee shall
pay any and all permit inspection fees to the department . (Ord.
23193 5 Oct 78)
3. 44 .350 Work on and restoration of streets . The work of
constructing, laying, replacing, maintaining, repairing or remov-
ing all pipelines and appurtenances authorized under the provisions
of this chapter in, over, under, along or across any street shall
be conducted with the least possible hindrance to the use of the
street for purposes of travel. As soon as such work is completed,
all portions of the street which have been excavated or otherwise
damaged thereby shall promptly and in a workmanlike manner be
repaired, replaced or restored and placed in as good condition
as before the commencement of such work and shall be done to the
satisfaction of the director at the expense of the franchisee,
and in accordance with the terms and conditions of any city
ordinance, resolution or regulation.
78-15
3. 44. 390--3. 44.420
3. 44. 390 Ordinary repair. The franchisee shall be privileged
to excavate in the road or street for line repair for the number
of days agreed upon by the franchisee and the department ; provided,
however, that the franchisee shall first obtain an excavation per-
mit from the department for the doing of any such work. (Ord. 2319 ,
5 Oct 78 )
3. 44. 400 Breaks or leaks . If any portion of the street
shall be damaged by reason of breaks or leaks in any pipe, con-
duit, or appurtenance constructed or maintained under the fran-
chise, the franchisee thereof shall, at its own expense, im-
mediately following written or oral notification thereof,
promptly repair any such damage and put such street in as good
condition as it was in before such damage or leak, all to the
satisfaction of the department . The franchisee shall obtain an
excavation permit from the department for the doing of any such
work. (Ord. 2319 , 5 Oct 78)
3. 44.410 Emergency equipment . At all times during the term
of this franchise, the franchisee shall maintain or arrange for,
on a twenty-four (24) hour a day basis adequate emergency equip-
ment and a properly trained emergency crew within a radius of
twenty-five (25) miles from any facilities installed or maintained
pursuant hereto for the purpose of shutting off the pressure and
the flow of contents of such facilities in the event of an emer-
gency resulting from an earthquake, act of war, civil disturbance,
fire, flood, or any other cause or nature whatsoever. (Ord. 2319 ,
5 Oct 78)
3. 44 .420 Removal or abandonment of facilities .
(a) At the expiration, revocation or termination of this
franchise or the permanent discontinuance of the use of all or
a portion of its facilities , the franchisee shall, within thirty
(30) days thereafter make written application to the city for
authority either: (1) to abandon all or a portion of such facili-
ties in place; or (2) to remove all or a portion of such facili-
ties . The director shall determine whether any abandonment or
removal which is thereby proposed may be effected without detri-
ment to the public interest and under what conditions such pro-
posed abandonment or removal may be safely effected. He shall
then notify the franchisee of his determinations .
(b ) Within thirty (30) days after receipt of such notice,
the franchisee shall apply for a permit from the department to
abandon or remove the facility. Such permit is to contain the
conditions of abandonment or removal as may be prescribed by the
director.
The franchisee shall, within ninety (90) days after obtaining
such permit commence and diligently prosecute to completion, the
work authorized by the permit . (Ord. 2319 , 5 Oct 78)
78-17
3. 44. 460--3. 44. 500
3.44. 460 Materials used. All pipelines used or to be used
for the transportation of oil, gas , gasoline, petroleum, wet gas
and other hydrocarbon substances shall be first class and standard
material as set forth by current American Petroleum Institute
pipeline specifications. (Ord. 2319, 5 Oct 78)
3. 44 .470 Approvals . On all pipelines laid pursuant to the
franchise , the director shall approve where flush-valve connec-
tions shall be placed in the line. The availability of adequate
water supplies, the hydrocarbons transmitted in the line, and
the location of control valves shall be considered when making
such determination. Such flush-valve connections shall be in-
stalled in the manner prescribed by the director. (Ord. 2319,
5 Oct 78)
3. 44. 480 Reports . The franchisee during the life of the
franchise, within sixty (60) days after the expiration of each
franchise payment period, shall:
(a) File with the director two copies of a verified report
of the franchisee showing for the immediately preceding franchise
period, the length of lines in streets , the internal diameter of
such lines , the rate per foot per year and the total amount due
the city.
(b ) File with the director a report in triplicate, showing
the permit number of each permit obtained for the installation
of new mains during the immediately preceding franchise payment
period, together with the length and size of said mains . On this
report the franchisee shall show any change in franchise footage
since the last franchise payment period segregating such footage
as to new mains laid, old mains removed, old mains abandoned in
place, and the footage of mains in territory annexed or incor-
porated since the last franchise payment period. (Ord. 2319,
5 Oct 78)
3. 44. 490 Payments due. Except for pipelines lawfully main-
tained other than by the authority granted by the franchise, the
annual payments shall accrue from the respective dates of instal-
lation, whether before or after the effective date of the fran-
chise agreement , and such payments , together with the initial con-
struction charges , if any, shall be due and payable annually.
(Ord. 2319 , 5 Oct 78)
3. 44.500 Cost of relocation. Franchisee shall bear the
costs of removing and relocating its facilities used and main-
tained under this franchise if made necessary by any lawful
change of grade , alignment or width of any public street , way,
alley or place, or for any public project, even if franchisee 's
facilities are located on a private easement . (Ord. 2319,
5 Oct 78)
78-19
Ord. No 2615
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 member$ of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 4th day of April
19 83, and was again read to said City Council at a regular
meeting thereof held on the . 18th day of April 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Mandic
NOES: Councilmen:
Thomas
ABSENT: Councilmen:
Pattinson, Finley
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1; Alicia m. Wentworth CITY CLERK of the City of
Huntir W.On Beach and ex-officio Clerk of the City
Council, do hes'ety certify that a syn--)asis of this
ordinance '.- tin n pu!.Ii.l.ed fr: the Huntir:gton
Beach
in acccre rce wrX-1 to CITY Cl`ft.. of said City.
ALICIA M. WENTWORTH
City Clerk
.J....... ..............._....
Deputy City Clerk