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HomeMy WebLinkAboutCity Council - 2725 RESOLUTION NO. 2725 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO GRANT A FRANCHISE TO STANDARD GAS COMPANY TO LAY, CONSTRUCT, REPAIR AND MAINTAIN A STEEL PIPELINE IN AND ALONG INDIANAPOLIS AVENUE BE- TWEEN MAGNOLIA AND BUSHARD STREETS, PUBLIC HIGHWAYS IN THE CITY OF HUNTINGTON BEACH, AND SETTING FORTH THE TERMS AND CONDITIONS OF SUCH FRANCHISE AND SETTING THE TIME AND PLACE FOR HEARING THEREON WHEREAS, Standard Gas Company desires to maintain a system of pipelines in certain streets within the City of Huntington Beach, and the city charter requires that a franchise be ob- tained prior to the use of streets for such purposes, NOW, THEREFORE, the City Council of the City of Huntington Beach resolves as follows : SECTION 1. That it is the intent of said City Council to grant to Standard Gas Company a, franchise to lay and maintain a, system of pipelines in certain streets of the City of Hunting- ton Beach upon the terms and conditions and at the location specified herein as follows : 1. That the franchise right or privilege is hereby granted to Standard Gas Company, its successors and assigns, to lay, construct, repair and maintain a. six (6) inch steel pipeline for the purpose of transporting oil, gas, gasoline and all other hydrocarbon substances, in and along Indianapolis Street between Magnolia, Street and Busha,rd Street, public roads and highways 1. Res. No. 2725 of the City of Huntington Beach, State of California. 2. That the aforesaid franchise right or privilege is given and granted to said Standard Gas Company, its successors and assigns, for a, period of fifty (50) years from and after the date of the passage and taking effect of this resolution. 3. The grantee of said franchise shall have the right to construct and maintain such traps and manholes as may be neces- sary to afford proper access to said pipeline for clearing and maintaining same, providing such traps and manholes shall be at all times kept flush with the surface of the street or highway and so located as to conform to the order of the City Council of the City of Huntington Beach in regard thereto, and not to inter- fere with the use of such street or highway for travel. The grantee of said franchise shall also have the right, subject to such regulations a,s are now or hereafter ma,y be in force, to make all necessary excavations in said street or highway for the laying, construction and repair of said pipelines, traps and manholes. That all pipes and pipelines, traps and manholes ma,in- twined under said franchise shall be of good material and workman- ship, and said pipelines shall be laid and constructed at a, lo- cation approved by the Director of Public Works along the above- described course, and so laid and constructed as not to interfere with the public right to travel over, along and across said roads, or to do any damage of a, permanent nature thereto. That the said grantee prior to the laying of any pipeline 2. Res . No. 2725 or appliance in connection therewith, shall give notice to the City Engineer of the City of Huntington Beach of the time when and place where it will begin the laying of said line or the installation of said appliance in connection therewith shall be under the control and supervision of the City Engineer of said City of Huntington Beach, and the location of said pipeline and the appliance in connection therewith shall be laid at least fifteen (15) feet distant from the center line of the highway along the above-described course, and at such places therein a,s shall be designated by said Engineer and said grantee shall pay to the City of Huntington Beach the reasonable cost of the super- vision as herein provided within thirty (30) days after the com- pletion thereof, upon certification of the amount due thereunder to said grantee by said City Engineer. 4. The work of constructing said pipeline shall be com- menced in good faith not more than four (4) months from the date of the granting of said franchise and shall thereafter, during the term of said franchise, be prosecuted diligently and in good faith so as to meet and fill the reasonable needs of the inhabi- tants of the territory for the service of which said franchise is granted. 5. That all pipes and pipelines laid under the terms of said franchise, shall be so laid that the top of said pipe shall be not less than thirty (30) inches from the surface of said highways . 3• Res . No. 2725 6. That the grantee of said franchise shall, within thirty (30) days after the completion of the laying of said pipelines, or any portion thereof, file in the office of the City Engineer a, map showing the location of said pipelines and the depths of said pipelines beneath the surface the street. 7. That the grantee of said franchise shall hold the City of Huntington Beach harmless from the results of any accident or injury to the traveling public during the construction or laying of said pipelines and the operation thereof, or any ap- pliance in connection therewith at any time thereafter. 8. That the grantee of said franchise will, if the City Council of the City of Huntington Beach shall so order, change the location of said pipelines, traps or manholes, maintained or operated under said franchise, so as to conform to the require- ments of said City Council in any improvements of said highways upon which said pipelines or appliances are maintained. That the grantee of said franchise, in laying or main- taining said pipelines or any appliances in connection therewith across any highway, will tunnel or bore thereunder and when said line or appliance is so laid, refill the tunnel or bore and tamp the earth therein so that the support of any pavement may not be weakened or destroyed. That said grantee shall, during the process of construction of said pipelines and appliances and the laying thereof, maintain all necessary barriers, warning signs and red- light signals sufficient to protect the traveling public from in- jury during the construction or laying thereof and if necessary 4. Res . No. 2725 will maintain watchmen and take all and such other precautions as ma,y be necessary to protect the public from injury or damage, and all pipelines and appliances shall be laid under the super- vision and control of the City Engineer, and before work thereon is begun, such City Engineer shall be notified thereof and shall direct the location of such lines and appliances . 9. That the said grantee shall, during the life of said franchise, pa,y to the City of Huntington Beach, in lawful money of the United States, two percent (2%) of the gross annual re- ceipts of said grantee arising from the use, operation or posses- sion of said franchise. No percentage shall be paid for the first five (5) years succeeding the date of said franchise, but there- after such percentage shall be payable annually. It shall be the duty of the grantee of said franchise to file with the Clerk of the City of Huntington Beach at the expiration of six (6) years from the date of the granting of said franchise, and at the ex- piration of each year thereafter, a, statement, verified by oath of said grantee, or by the oath of the manager or presiding offi- cer of said grantee, showing in detail the total gross receipts and gross earnings collected or received by said grantee during the preceding twelve (12) months arising from the use and owner- ship of said pipelines for the construction and operation of which said franchise is granted, and within ten (10) days after the time for filing of the aforesaid statement, it shall be the duty of said grantee to pay to the Director of Finance of the City of 5• Res . No. 2725 Huntington Beach the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, opera- tion or possession of said franchise, and if the amount paid is incorrect, in the judgment of said City Council, they may order the payment of such additional sum as they may find due thereunder, and if not paid, the same ma,y be collected by suit. Any neglect, omission or refusal of said grantee to file said verified statement or to pa,y said percentage of said gross annual receipts at the time or in the manner hereinbefore provided shall ipso facto work a, forfeiture of said franchise and of all rights thereunder to said City of Huntington Beach. SECTION 2. BE IT FURTHER RESOLVED that the City Clerk of the City of Huntington Beach be and is hereby authorized and directed to publish this resolution in the Huntington Beach News, a, newspaper of general circulation, published and printed in the City of Huntington Beach, at least once within fifteen (15) days of the passage of this resolution. SECTION 3. IT IS FURTHER ORDERED, STATED AND DECLARED that the hour of 7:30 p.m. , or as soon thereafter as possible, on the 6th day of May, 1968, be and the same is hereby fixed a,s the hour and the da,y for the meeting of the City Council in the Council Chambers of the City Hall of said city, at which time any per- son having any interest in the franchise or any objection to the granting thereof ma.y a,ppea,r before the City Council and be heard thereon. Such time is not less than twenty (20) nor more than 6 . Res . No. 2725 sixty (60) days after the passage of this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California,, this 15th day of April, 1968. Mayor ATTEST: s City Cl k APPROVED AS TO FORM: �uti G2 gkjcd-�� his ant City Attorney 7• Res® Noo2725 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , BAUL C. JONES, the duly elected, qualified and acting 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 resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of April 19, , 68 ,, by the following vote: AYES: Councilmen: Coen, Bartlett, Gisler, Kaufman, Green Stewart, Shipley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach, California