HomeMy WebLinkAboutOrdinance #3012 41
ORDINANCE NO. 3012
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO TEXACO TRADING AND TRANSPORTATION, INC. ,
A CALIFORNIA CORPORATION, A FRANCHISE TO CONSTRUCT,
OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE
TRANSPORTATION OF OIL
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The terms and conditions of the franchise
awarded by this ordinance are contained in Exhibit 1 which is
incorporated by reference herein as though set forth in this
Section 1.
SECTION 2. The City Clerk shall cause each ordinance to
be posted in three places designated by the City Council within
the City and to be published by title with a brief summary at
least once within fifteen days after its adoption in a daily,
semi-weekly or weekly newspaper, published in the County or the
City and circulated in the City, which is selected by the City
Council for that purpose.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 21st
day of August 1989 .
Mayor
ATTEST: APPROVED AS TO FORM:
4wi 4&A!t�
City Clerk City Attor:Wby
REVIEWED AND APPROVED:
Ci y Administrator rector of d inistrati e
Services
FRANCHISE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND TEXACO TRADING AND
TRANSPORTATION, INC. PURSUANT TO
THE CITY'S "PIPELINE FRANCHISE ORDINANCE"
THIS FRANCHISE AGREEMENT is entered into by and between the
City of Huntington Beach, a municipal corporation of the State
of California (hereinafter referred to as "CITY") , and TEXACO
TRADING AND TRANSPORTATION, INC. , a Delaware corporation
(hereinafter referred to as "T.T.T.T. " ) , effective as of
October 16 , 1988 (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 . 1005 , the City Council of the
City of Huntington Beach granted to T.T.T.T. , INC. , a franchise
for the construction, operation and maintenance of a pipeline
system for the transportation of oil , gas and other hydrocarbon
substances; and
Said franchise expired on October 16, 1988 ; and
T.T.T.T. has requested that the CITY renew said franchise;
and
City Council of the City of Huntington Beach 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 T.T.T.T. agree as follows :
1 . Grant . The CITY hereby grants to T.T.T.T. , for a term
commencing on the Effective Date and continuing through October
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16 , 2013 , subject, however, to all limitations, restrictions
and conditions set forth herein and/or incorporated herein by
specific reference, the right, privilege and franchise to lay,
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
substances, 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, wires, cables and other
appurtenances necessary or convenient for the exercise of
T.T.T.T. ' 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 T.T.T.T. ' 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 City Council of the City of
Huntington Beach by Ordinance No . 1005, including all streets,
highways, alleys and public ways :
A. Beginning at the northerly boundary line of the
City of Huntington 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 Sec. 35, T. 5 S. R. 11 W. , SBB&M. , thence extending
northerly along Gothard Street to Warner Avenue, thence
extending westerly along Warner Avenue to Golden West
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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 (1320 ' ) 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 ( 1320 ' ) distant southerly from the north line
of Sections Thirty-four (34) T 5S, R 11W, and Thirty-five
(35) T 5S, 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 (1320 ' ) south of the north line of
said Section Eleven (11) T 6S, R 11 W, thence westerly
parallel with and thirteen hundred and twenty feet (1320 ' )
distant southerly from the north line of Section Eleven
(11) T 6 S R 11W to a point thirteen hundred and twenty
feet (1320 ' ) west of the east line of Section Eleven (11) T
5 S R 11W, thence northerly parallel with and thirteen
hundred and twenty feet (1320 ' ) 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 H 11W, 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 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 R 11W to a point thirteen
hundred and twenty feet (1320 ' ) south of the north line of
Section Two (2) T 6S R 11W, thence westerly parallel with
and thirteen Hundred and twenty feet (1320 ' ) distant
southerly from the north line of Sections Two (2) T 6S R
11W and Three (3) T 6S R 11W to the point of beginning .
3 . Incorporation of Pipeline Franchise Ordinance and
Definitions . This Franchise Agreement is granted upon and
subject to the rules, regulations, restrictions, terms and
conditions of the CITY' s "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
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incorporated herein by this reference. 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. T.T.T.T. shall pay the
following fees to the CITY with respect to the rights and
privileges granted to T.T.T.T. hereunder :
4 . 1 Base granting fee. T.T.T.T. shall pay the CITY
the sum of five thousand dollars ($5, 000) as a one-time base
granting fee within thirty (30) days following the Effective
Date.
4 . 2 Base annual fee and adjustments A base annual
fee shall be paid within sixty (60) days after the end of each
calendar year during the term of this Franchise Agreement,
including 1988, in the amount of twelve cents ($. 12) per lineal
foot of pipe for all pipelines with an 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, from October 17,
1988 . 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 this Franchise Agreement during the
calendar year for which payment is due will be utilized. If
the base annual fee is not paid within seventy-five (75) days
following the end of any calendar year during the term hereof,
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a penalty shall 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 rate of fifty percent (50%) . Said base annual fee shall be
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 . T.T.T.T. shall pay at
the time of installation, relocation or replacement of any
pipeline or other facility covered by this Franchise Agreement,
a base construction charge of one thousand five hundred dollars
($1, 500) for each one-half mile of pipeline or fractional part
thereof installed, replaced or relocated on major streets and
one thousand dollars ($1, 000) per one-half mile or fractional
part thereof on minor streets .
5 . 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
part, to carry out its obligations under this Franchise
Agreement by reason of an act of God, strike, walkout or other
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
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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
labor dispute contrary to :the wishes of such party.
6 . Surrender . T.T.T.T. 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 tha
t T.T.T.T. shall comply
with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities .
7 . Entire Agreement. This Franchise Agreement contains
the entire agreement of the parties and supersedes any prior
understandings or agreements between T.T.T.T. and the CITY with
respect to the matters addressed in this Franchise Agreement .
REST OF PAGE NOT USED
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IN WITNESS WHEREOF, the parties hereto have executed this
Franchise Agreement on the date which is set forth opposite
their respective signatures .
TEXACO TRADING AND CITY OF HUNTINGTON BEACH
TRANSPORTATION, INC. a mu icipal corporation
By - i E. R. Murray, Vice-President Mayor
ATTST. ' t ' � j APPROVED AS TO FORM:
City Clerk CityAt
me Y •�, �
1
REVIEW D AND APPROVED: INI7TATED AND APPROVED:
City _ dmin strato Director of AdministraC ve
Services
sg
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3012
Ord.. No.,; 3012
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 members 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 therof held on the 7th day of August
19 89 and was again read to said City Council at a regular
meeting therof held on the 21st day of August 19 89 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
k CW*Breft"CITY am d Th9 Cigt of �
Rmlkom ftxh aid u4W a CIO of ft OV
Co ,do tweby w*Thad a synopM of this City Clerk and ex-offi c -C Jerk
WdWft hM 6W pt0shed In Ov Daily Ph*on of the City Council of the City
of Huntington Beach, California
in ao OA The otty Charter of said C#y
Conris
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