HomeMy WebLinkAboutOrdinance #3041 ORDINANCE NO. 3041
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO STANDARD GAS COMPANY, SUBSIDIARY OF CHEVRON
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 7th day of May 1990.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INI E AP ROVED:
City Admi Zstrator ector 4f dminist tive
Services ,
EXHIBIT 1
FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND STANDARD GAS CO. , SUBSIDIARY OF CHEVRON CORP. ,
PURSUANT TO THE CITY' S "PIPE LINE 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 Standard Gas
Co . , subsidiary of Chevron Corp. (hereinafter referred to as
"STANDARD" ) , effective as of January 1, 1989 (the "Effective Date") ,
pursuant to the CITY' s "Pipe Line Franchise Ordinance" as set forth
in Chapter 3 .44 of the Huntington Beach Municipal Code (sections
3 . 33 . 010, et seq . ) .
RECITALS
WHEREAS, by Ordinance No. 494 , the City Council of the City
of Huntington Beach granted to STANDARD ' s predecessor in interest,
Wilshire Oil Company, Inc . , a franchise for the construction,
operation and maintenance of pipe line systems for the
transportation of oil, gas and other hydrocarbon substances; and
A franchise for a different location was granted by ordinance
of the County of Orange, Ordinance No . 486 . This franchise inured
to the City. Also included in this agreement are three additional
pipe lines not included in the aforementioned ordinances . STANDARD
has requested that 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, CITY and STANDARD agree as follows :
1 . Grant . CITY hereby grants to STANDARD, for a term
commencing on the "Effective Date" and continuing twenty five (25)
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years thereafter, 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 pipe lines
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 pipe lines
including conduits, cathodic protection devices , wires, cables and
other appurtenances necessary or convenient for the exercise of
STANDARD' 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 STANDARD' s pipe lines 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 . 3041 , including all streets, highways, alleys and
public ways :
A. Pipeline 1
A right of way in the County of Orange for a b"
pipeline, the center line of which is described as
follows :
Beginning at a point 3 ' West of the easterly side line
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of Bushard Street and 1400 ' South of the center line of
Banning Avenue in Section 19 , Township 6 South, Range 10
West, S.B.B. &M. ; thence northerly along Bushard Street
and parallel to the center line thereof, a distance of
2 . 25 miles, more or less, to a point which is 6 ' North
of the South side line of Quincy Street (also called
Adams Street) ; thence westerly along Quincy Street and
parallel to the center line thereof, a distance of 1 .48
miles, more or less, to a point which is 9 . 5 ' East of
the city limits of Huntington Beach; thence
northwesterly to a point on the city limits of
Huntington Beach 14 . 5 ' South of the center line of
Quincy Street .
B. __Pipeline 2
A right of way in the County of Orange for a 4" pipe
line, the center line of which is described as follows :
Beginning at a point 17 ' East of the center line of
Bushard Street and 12 ' North of the southerly side line
of Atlanta Avenue in Section 18, Township 6 South, Range
10 West, S.B. B . &M. ; thence westerly along Altanta Street
and parallel to the center line thereof, a distance of
0. 69 miles, more or less, to a point which is 1, 000 '
West of the center line of Cannery Avenue in Section 13 ,
Township 6 South, Range 11 West, S.B.B. &M.
C. Pipeline 3
Rerouting (1 each) 2 inch gas line from 16th Street
alley between Walnut and Pacific Coast Highway to
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Walnut, down Walnut to 17th Street alley; cap off 2 inch
piping in Walnut alley between 16th Street and 17th
Street alley.
D. Pipeline 4
Install a 6" natural gas pipeline on the West side of
Goldenwest Street approximately 35 ' Westerly and from
620 ' to 1320 ' Southerly from the Northeast corner of
Section 34 , TSS, R11W.
E. Pipeline 5
Approximately 1630 ' of 3" pipe, 2192 ' of 4" pipe, 1105 '
of 5" pipe and 3870 ' of 6" pipe beginning in Goldenwest
Street approximately 200 ' north of Garfield Avenue;
thence south in Goldenwest Street ; thence east in
Garfield Avenue to Crystal Street; thence south in
Crystal Street approximately 3001 ; also, easterly across
Crystal Street beginning approximately 200 ' south of
Garfield Avenue; thence easterly across private lands
approximately 800 ' ; also in Garfield Avenue between Main
and Huntington Streets, all as shown in red on Seller ' s
map, revised August 1, 1967, marked Exhibit "B" and
attached hereto .
3 . Incorporation of Pipe Line Franchise Ordinance and
Definitions . This Franchise Agreement is granted upon and subject to
the rules, regulations, restrictions, terms and conditions of CITY' s
"Pipe Line Franchise Ordinance" as set forth in Chapter 3 .44 of the
Huntington Beach Municipal Code, a copy of which is attached hereto
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as Exhibit "I" and 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 Citv. STANDARD shall pay the following
fees to CITY with respect to the rights and privileges granted to
STANDARD hereunder:
4 . 1 Basg granting feg. STANDARD shall pay CITY the sum
of five thousand dollars ($5, 000) for all five lines as a one-time
base granting fee within thirty (30) days following the Effective
Date.
4 . 2 Base annual fee and adjustments . A base annual fee
shall be paid within sixty (60) days after the end of each calendar
year during the term of this Franchise Agreement, including 1989, in
the amount of twelve cents ($. 12) per lineal foot of pipe for all
pipe lines 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 . In determining the number of feet of pipe line upon which
the annual fee will be computed, the greatest number of feet of pipe
line 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, a penalty shall be assessed at the rate
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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 to Section 3 .44 .300 of the Huntington
Beach Municipal Code.
4 . 3 Base construction charges . STANDARD shall pay at the
time of installation, relocation or replacement of any pipe line 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 pipe line 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 affected party
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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 fore 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 . STANDARD 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 CITY; provided, however
that STANDARD shall comply with the provisions of the existing "Pipe
Line Franchise Ordinance" relating to removal or abandonment of
facilities .
7 . Entire Agreement . This Franchise Agreement contains the
entire agreement of the parties and supercedes any prior
understandings or agreements between STANDARD and CITY with respect
to the matters addressed in this Franchise Agreement .
PAGE END
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304I
IN WITNESS WHEREOF, the parties hereto have executed this
Franchise Agreement on the date which is set forth opposite their
respective signatures .
STANDARD GAS CO. , CITY OF HUNTINGTON BEACH
Subsidiary of CHEVRON CORP. a municipal corporation
By 1.
ASSISTANT S RETARY Mayor
OQ-9 A 1A 4A-,,,—'
ASSISTAI T S CRETARY
ATTES APPROVED AS TO FORM:
City Clerk '2-k"City AttorneyCj, °t-^-f\-Rn
REVIEWED AND APPROVED: INIT TE P OVED:
City Administrator Director of Adminis ati e
Services
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,-. 3041
Ord, No. 3041
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS:
CITY OF HUNTINGTON BEACH j
I, COP1PaiE BROCI:VAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officin 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 16th day of April
1990 and was again read to said City Council at a regular
liiceti ny i:her o i held on the 7th iiay of May , 1 9)0 , a nd
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell, Green, Mays, Bannister, Silva
HOES: Councilmembers:
None — -
ABSENT: Councilmembers:
Erskine (out of room)
1. Cantle Brockway CITY CLERK of the Cny of
HWWvym Beach aW exec Clerk of Me City
Coundi,do her" that a gyn +s Of M
ordnance han been{xbWed in M t)ai!y PPot on
City Clerk and ex-offici Clerk
of the City Council of the City
haccordance:a&:+:U C11k;iefoi40City. of Huntington Beach, California
Connie- Bro&vvay city C
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