HomeMy WebLinkAboutOrdinance #3992 ORDINANCE NO. 3992
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE OXY USA, INC. FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN A PIPELINE
SYSTEM FOR THE TRANSPORTATION OF OIL
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The terms and conditions of the AMENDMENT to the franchise awarded by
this ordinance are contained in the"Amendment No. 1 to Franchise Agreement Between the City of
Huntington Beach and Oxy USA, Inc. Pursuant to City's Pipeline Franchise Ordinance," a copy of
which is attached hereto as Exhibit "A" and incorporated by this reference as though set forth
herein.
SECTION 2. The City Clerk shall cause this 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 of Orange or the City and circulated in the City, which is selected by the
City Council for that purpose.
SECTION 3. This ordinance shall become effective 30 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 4th day of November , 2013.
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Mayo
ATTEST: INITIATED AND APPROVED:
City Clerk ' Deputy Directo" Business Development
APP OVED AS TO FORM:
REVIE D APPROVED: Lj-
� City Attorney
Manager
13-3922/101874
Exhibit A - Ordinance No. 3992
AMENDMENT NO. I TO THE FRANCHISE AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
OXY USA INC.
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"City," and OXY USA Inc., a Delaware corporation, hereinafter referred to as "OXY."
WHEREAS, City and OXY are parties to that certain Franchise agreement dated
March 18, 2013, entitled"Franchise Agreement Between The City Of Huntington Beach
And OXY USA, Inc. Pursuant To City's Pipeline Franchise Ordinance"which agreement
shall hereinafter be referred to as the "Original Agreement," and
City and OXY wish to amend the Original Agreement to add additional oil
pipeline to the current pipeline franchise,
NOW, THEREFORE, it is agreed by City and OXY as follows:
1. AMENDMENT OF SECTION 3 OF THE ORIGINAL AGREEMENT
ENTITLED "APPLICATION OF GRANT"
Section 3 of the Original Agreement entitled "Application of Grant" is
hereby amended to add an additional 1,694 linear feet of six-inch oil pipeline as
described in Addendum to Exhibit A, attached hereto and incorporated herein.
2. AMENDMENT OF SECTION 6.2 OF THE ORIGINAL AGREEMENT
ENTITLED "BASE ANNUAL FEE AND ADJUSTMENTS"
Section 6.2 of the Original Agreement is hereby amended to increase the
length/linear feet of pipe from 1407 to 3 10 1.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
REST OF PAGE INTENTIONALLY LEFT BLANK
13-3885/100443 1
Exhibit A - Ordinance No. 3992
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be
executed by.their authorized officers on November 14, ,2013.
OXY USA,Inc., a Delaware corporation CITY OF HUNTINGTON BEACH,a
Cal is municipal co oration
BY:. -441 � `. .rA go
Mork. �.e1 Ma or
print name y
ITS: (circle one)Chairman/Presiden ice President _
Cft�Clerk��l
AND
By:
INITIATED AND APPROVED:
PCL =E/�
print name — i .,mac
ITS: (circle anat Secretary/Chief Financial �sststant� '�+fa�ger—
Office Asst. Secretary Treasurer Deputy. Direo2or Business Development
APPROVED AS TO FORM:
+CA'�orn ey r -��J
REV APPROVED:
i Manager
13-3885/100443 2
Exhibit A - Ordinance NO. 3992
EXHIBIT A
Description of Public Road Alignment of Oxy USA, Ines
6-inch Oil Pipeline
within 19th Street and Walnut Avenue
City of Huntington Beach
County of Orange
State of California
Commencing at the centerline intersection of Pacific Coast Highway (100 feet wide) and
19th Street (75 feet wide); thence northeasterly 132 feet along the centerline of 19th Street;
thence southeasterly, perpendicular to said centerline, 37.5 feet to a point on the
southeasterly line of 19th Street, said point being the True Point of Beginning; thence
northwesterly, perpendicular to said centerline of 19th Street, 31.5 feet; thence
northeasterly,parallel to and distant 6 feet southeasterly from said centerline of 19th
Street, 289 feet; thence northwesterly,parallel to and distant 11 feet northeasterly from
the centerline of Walnut Avenue (60 feet wide), 1373 feet to the northwesterly line of
Goldenwest Street(120 feet wide).
Total footage of 6-inch oil pipeline in city streets: 1694 feet
Attached hereon is Plat Exhibit A and by this reference made a part hereof.
Exhibit A- Sheet 1 of 2
K:\5415\Design\ROW\5415—HB city_ranchise_ebst_pipeline—Exh A.doc 08/29/13
City of HB franchise desc—epsting 6"pipeline—Ft Apache to Oxy HB—attach 5415-EX-905
Ord. No. 3992
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of 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 thereof held on October 21, 2013, and was again read to said City Council at a
Regular meeting thereof held on November 4, 2013, and was passed and adopted by the
affirmative vote of at least'a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Indep Indent on November 14,2013.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk City Clerk and ex-officio dleerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California