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HomeMy WebLinkAboutSTANDARD GAS CO. - 1933-08-08 Dallas 8350 N Central Expressway Liberty Suite 850 TX 75206 10kMutual® Dallas, 972-233-9588 Fax:866-546-96849684 SURETY CONTINUATION CERTIFICATE To be attached to and form a part of surety bond number 022042356 (the"Bond"),cross reference bond number for Performance Bond Pipeline Franchise Agreement by Ordinance No 315 dated the 5th day of December,2012 in the penal sum of $ 100,000.00 issued by Liberty Mutual Insurance Company as surety(the"Surety"),on behalf of Paramount Petroleum Corporation as principal(the"Principal"), in favor of CITY OF HUNTINGTON BEACH,as obligee(the "Obligee"). The Surety hereby certifies that this Bond is continued in full force and effect until the 5th day of December,2017 ,subject to all covenants and conditions of said Bond. Said Bond has been continued in force upon the express condition that the full extent of the Surety's liability under said Bond,and this and all continuations thereof,for any loss or series of losses occurring during the entire time the Surety remains on said Bond,shall in no event,either individually or in the aggregate,exceed the penal sum of the Bond. IN WITNESS WHEREOF,the Surety has set its hand and seal this 6th day of September,2016 Liberty Mutual Insurance Company 1NSU (Surety) J=�oevor�r�yct� By: 11-,...�w�.., s 1912 y o ~dJ19s'T4 C HUB�.aD Timothy A. Mikolajewski Assistant Secretary-Liberty Mutual Surety LMIC-3300 AL,"-USA Catherine Stutzman,ARM,AIC Director Insurance/Risk Management 12700 Park Central Drive Suite 1600 Dallas,Texas 75251 Telephone: 972.367.3773 Fax: 972.367.3726 Mobile: 214.797.3633 Email: catherine.stutzman@alonusa.com Web: www.alonusa.com Y i' Pipeline,Gas& Electric Franchises '�_; =O._ CI , ( HUNT1ING T C i vEEACH, CA Company Franchise 1002 JUL 23 P 2: lb Name Type Description So. Cal Gas Co Pipeline/Sale of Gas Ord. 3117 from 1991 to 2010 incorporated the following Companies into#3117: Pacific Lighting Serv. Pipeline (both Pipeline and Gas Franchises): Southern Counties Gas Ord. 1308 (Gas) So. Cal Edison Pipeline Ord. 687 (Indeterminate-in perpetuity) So Cal Edison Sale of Electricity Ord. 555 (Indeterminate-in perpetuity) Texaco Pipeline Ord..3012 from 1988 to 2013 Pacific Pipeline Pipeline Ord. 3013 from 1988 to 2013 Torch Operating Pipeline Ord. 3354 from 1997 to 2013 (aka Nuevo Energy) (took over Unocal Ord. 3014&part of Ord 3013 via Sale from Arco to Unocal) CENCO Tank Farm Lease/Easement Agreement from 1985 to 2005 CENCO Pipeline Ord. 315 from 1983 to 2005 CENCO Pipeline Ord. 813 from 1956 to 2006 Chevron Pipeline Co Pipeline Ord. 3041 from 1988 to 2013 (aka Standard Gas) Maynor,Donald &MBIA Legal Svcs All of above and more 2001 to Unspecific Duration w/latitude of 30 Written Notice to Terminate Pipeline, Gas, Water Franchises Company Name Franchise Type Vault File No. pipeline, gas, or water Description Pipeline Franchises Pipeline AA 600.45 1958 - 1983 General Info _ Formerly Atlantic Richfield Ord. 898 Four Corners Pipeline Pipeline Renewed by Ord. 3013 to Exp. Oct. 5, 2013 FO 600.45 1957 - 1988 Golden Eagle Refinifg Co. Pipeline Franchise PipelinesExp. 8/29/97 ( 50 years ) GO 600.45 Pacific Coast Gasoline Co. Pipeline Pipeline - 10/7/57 PA 600.45 Exp. 5/15/97 Southern California Gas Co. Pipeline Formerly Pacific Lighting Sery Pipelines) SO 600.45 Exp 9/10/2010 1919 to present __ Franchise Agreement pursuant to City's Pipeline Torch Operating Company Pipeline Franchise Ordinance - Ord 3354 TO 600.45 _ adopted 4/21/97 Exp 2/20/2013 _ Maynor, Donald H. Legal Services 6`19f S O-*,.e 7D Maynor, Donald H. Gas So. California Gas Franchise MA 600.10 Legal Services /f� 1989 - 1991 Calif Gas Transmission Co. Gas Intent to Grant Franchise - Application Withdrawn - CA 600.45 From 6/1/61 1961 - 1975 �Iflvks oAck-e � Pacific Coast Gasoline Co. Gas Franchise Pipeline - 10/7/57 PA 600.45 Exp. 5/15/97 _ Southern California Gas Co. Gas Gas Franchise Ord 31117 1991 to present SO 600.45 Exp. 7/1/2010 Southern California Gas Co. Gas Formerly Pacific Lighting Sery Pipeline SO 600.45 Exp. 9/10/2001 1919 to present _ Formerly Southern Counties Gas Ord. 1308 Southern California Gas Co. Gas Exp. 4/3/2007 1927 to present SO 600.45 Printed 3/27/02 @2:56 PM � l I CITY FRANCHISES (Article XIV - City Charter) 1. ATLANTIC RICHFIELD (gas) Ord. 989 - expires 10/3/88 2. CALIFORNIA GAS TRANSMISSION CO. ( as) Ord. 835 - Indeterminate term from 6/1/61 - (map on file 3. GOLDEN EAGLE REFINING CO. oil) - County Ord. 523 ,- annexed to City 10/3/57 - Expires 8(29/97 4. GULF OIL CO. (formerly Wilshire) (oil) CD Qv Assn „act T.� Golde►, We6TReAkuni �0- a) (oil, gas , Qasoline, etc. ) County. Ord. 315 '- Expires 9/8/83 annexed 8 W57 - Location: Goldenwest, Ocean, Hanson b) (oil, gas, gasoline, etc. ) County Ord. 486 - Expires 2/22/96 annexed 10/7/57 - Location: Bushard, Adams c) (oil, gas, gasoline, etc. ) County Ord. 494 - Expires 7/25/96 annexed 10/7/57 - Location: Bushard, Atlanta vd) (oil, gas, gasoline, etc) County Ord. 813 - Expires 5/24/06 5. PACIFIC LIGHTING SERVICE CO. (gas) Orig. County Ord. 165 - annexed 8/7/57 - Now Ord. 1595 - Expires 9/10/10 6. PACIFIC COAST GASOLINE CO. (gas) County Ord. 495 - Expires 5/15/97 annexed 10/7/57 7. SOUTHERN CALIFORNIA GAS CO. (gas) Ord. 1308 - Expires 4/3/07 3. SOUTHERN CALIFORNIA EDISON CO. (electrical) Ord. 555 Indeterminate term from 1/5/50' 9. SOUTHERN CALIFORNIA EDISON CO. (gas, oil, gasoline, water, etc. ) Ord. 687 - Indeterminate term from 5/7/58 10. TEXACO, INC . (Hydrocarbon substances) Ord 1005 - Expires 10/16/88 11. UNION OIL COMPANY - (gas, oil, petroleum, gasoline, etc. ) Ord. 1033 - Expires 2/20/89 12. RAINBOW DISPOSAL Clty of Huntington Beach TO Insurance&Benefits Division P.0.Box" CITY OF HUNTINGTON BEF :ALIFORNIA Huntingtc h,CA 92&48 City Attorney A MUNICIPAL CORP(_,kTION This is to certify that the policies of Insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 30 days prior written notice,by mail,to City of Huntington Beach,Insurance and Benefits Division,P.0.Box 190,Huntington Beach,California 92648. Name of Insured Chevron Corporation and its Subsidiaries Address of Insured 225 Bush Street, San Francisco, CA 94104 Location of Work or Operations to be performed Various locations within the City of Huntington Beach, CA. Description of Work or Operations All operations of the Insured within the City limits of Huntin ton Beach CA. POLICY DATES LIMITS OF LIABILITY Name of Insurance Co.& POLICIES IN FORCE POLICY NO. Self Insured Retention or - Effective Expiration In Thousands(0001 Deductible. GENERAL LIABILITY IXl COMPREHENSIVE FORM HDC GO 569999—A 03/O1/91 03/O1/92 Insurance Company 1}g PREMISES—OPERATIONS S1,000,000 CSL of North America DO EXPLOSION AND Each Occuronce COLLAPSE HAZARD IXI UNDERGROUND HAZARD lyl PRODUCTS COMPLETED FP ' : r;D:IS TO OPERATIONS HAZARD GAIL .UTTON IXJ CONTRACTUAL INSURANCE CIT1 H1TEY i By: Ikl BROAD FORM PROPERTY 'DAMAGE Dep ty City Attorney I� INDEPENDENT CONTRACTORS ( ) PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY. [}� COMPREHENSIVE FORM ISA 002086 03/01/91 03/01/92 Insurance Company ( ] OWNED $300,000 CSL of North America Each Occurence I ) HIRED I 1 NON-OWNED EXCESS LIABILITY I I UMBRELLA FORM $ O OTHERINSURANCE COVERAGE Qualified t8le f—insur r in the tate of Californi under WORKERS'CO'4PENSATION Permit No. 1of-t Departm .t of Industrial elations. .AND Waiver of subrogation from Workers'Compensation - - Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's comp.) The insurer agrees that the City of Huntington Beach and its City Council,and/or all City Council appointed groups, .. COmmi}.}e Pa rnm nl(acinne Ivjerr s and any other C;h P.until ^_rr-.•t^d bed-,, _na/ar c!ec+.ivi cn-1___aiativt c4ficon, cr -. o.. employees of the City of Huntington Beach,when acting as such are additional insureds hereunder.Such insurance is primary and not excess or contribu!ing to any other insurance of the City of Huntington Beach. This certificate Is Issued as a matter of Information.This certificate Is not an Insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein.Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Marsh & McLennan, Inc. Insurance Company of North America Agency or Brokerage Insurance Company Three Embarcadero Center, San Francisco, CA 1600 Arch St., Philadelphia, PA 19101 Address ome me Mary A. Thomas, CPCU. Senior Vice President a i r n rs n) o, Name of Person to be Contacted A thorized Signature D)te (415) 393-5000 NOTE:Authorized signature maybe the agents if agent has placed imurance Telephone number through an agency agreement with the insurer. if insurance is brokered, authorized signature must be that of an official of the insurance company, SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or license;and that it be kept current for as long as that permit or license is in force. The certificate you now have on file with the City will expire on the date shown on bottom of mailing label.Please have your agent submit an updated Certificate of Insurance,on this form prior to this expiration date.Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event.This is the only notice of cancellation you will receive from the City of Huntington Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. All Certificates of Insurance should be mailed to the Insurance and Benefits Office,City of Huntington Beach,P.O-Box 190,Hunting- ton Beach,California 92648.If you have any questions,please call this office at 536-5990. DEFENSE,INDEMNIFICATION AND HOLD HARMLESS AGREEMENT Delaware The undersigned Insured Contractor, a Sole Proprietor/General Partnership/California Limited Partnership/GehforTis orporation/ Other (you must circle the appropriate choice or fill in the blank) hereby agrees to defend, indemnify and hold harmless the City of Huntington Beach,its officers,employees and servants(hereinafter collectively referred to as City)from any and all loss,damage,cost,expense,liability,claims,demands or judgments arising directly or indirectly out of the work, project, event or other purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City.This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor(indemnitor)and the City (indemnitees).The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor.Any costs of defense or attorneys'fees incurred by City in enforci g his a eement all be reimbursed to City or may be awarded to City by a court of competent jurisdiction. SIGNED: By: Aasisto#nt Seorotary Title: By: Title: ASSIST'At3T 6L%', TARY If a Corporation, TWO OF sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation. / PIO 6/86 f O:TY 3F h:DNTINGTON"BEACH --_- Insurance&Benefits Division' 4: P.0.Box 190 Huntington Beach,CA 92648 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR NUMBER C381 ts- CERTIFICATE OF CONSENT T® SELF-INSURE THIS IS TO CERTIFY, That__..qH of i CORPORATICN (a Delaware corporation* _ ---_----—— — has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This .r.ificate may be revoked at any time for good cause shown." EFFecrrve: DEPARTMENT OF INDUSTRIAL RELATIONS - E ATE OF CALIFORNIA TH r : DAY OF JATI"'...�J f s � N p R. T. R.IN , n e.crw RICHRD L+OCNi, MAMAO LR SL1V�iftiY! �iLJIA� Heeueatitsn of Certificate.—"A certificate of consent to self-insure may be revoked by the Director of Industrial Relations at any time for Food cause after a hfaring.Good muse includes,among other things,the impairment of the solvency of such employer, the inability of the employer to fulfill his obligations,or the practice by such employer or his agent in charge of the administration of obligations under this division of any of the following:(a)fiabltually and as a matter of practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (h) Discharging his compensation obligations in a dishonest manner: (o) Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Code.) The Certflcate nvy be revoked fot noncompliance with Title 8, California Administrative Code, Croup 2—Administration of Self-Insurance. *Supersedes Certificate No. 0381 issued to STANDARD OIL GC*TANY OF CALIFORNIA (a Delaware corporation), dated January 15 1958• REQUES f FOR CITY COUNCIL ACTION / &�t ,tea '�'/'`/9D ,2 *t d- s/��s Date April 16, 1990 Submitted to: Honorable Mayor and City Council Members G1S' Submitted by: Michael T. Uberuaga, City Administrator GO_41t� _ Robert J. Franz Deputy City Administrato Prepared by: � p Y 01 C ' Subject: Pipeline Franchise Renewal3(,*) P►y8 yr ` g'b Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: Statement of Issue: Several of the City's Pipeline Franchise Agreements came up for renewal last year. The City Council approved the renewal of these long-standing contracts, under the guidelines of the Basic Franchise Pipeline Ordinance of 1978. These renewals afforded the City an opportunity to not only standardize terms and conditions in the respective renewal efforts, but played a major role in better protecting the interests of the City. The Franchise Agreement with Standard Gas Company was also up for renewal, but due to changes of company management and realignment of duties, it was not possible for the franchise to be included for Council consideration until this time. Recommendation: Approve introduction of Ordinance �0 -3 0 1 and the approval of the attached Agreement. Analysis: A recent review of the City's existing pipeline agreements revealed areas of concern w ere T was felt the best interests of the City were not being achieved. For instance, the financial return to the City was miniscule, particularly when combined with inadequate insurance protection and the lack of a performance bond. As several of these agreements were to come up for possible renewal, the respective oil pipeline companies were contacted by the City in determining their desire in renewing and, if in the affirmative, advising them of the new required terms and conditions as called for in the 1978 Pipeline Franchise Ordinance governing all such activities. All four of the companies desired to renew, but as previously mentioned, Standard Gas Company was not prepared at that time to sign a final draft of the renewal franchise. The effective date of the attached agreement is retroactive to January 1, 1989. The estimated annual revenue from the franchise is projected to increase from $68 to $17,500. Funding Source: Not applicable. Alternative Actions: Do not approve the Franchise. Attachment: Pipeline Franchise Ordinance and Agreement with Standard Gas Company. V 5120j f PIO 5/85 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, f 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 19 90. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 5` j- o City Attorney { REVIEWED AND APPROVED: INI'`I�4TEDI AP ROVED: __ 'ram. t ''�/ �•, i.r i Lam=' -_-;,--�. City Adml lstrator D-ifector cif dministrative� Services �/ EXHIBIT i 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) - 1 - r 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 6" pipeline, the center line of which is described as follows : Beginning at a point 3 ' West of the easterly side line 2 - r 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 - 3 - 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 300 ' ; 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 - 4 - 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 City. STANDARD shall pay the following fees to CITY with respect to the rights and privileges granted to STANDARD hereunder: 4 . 1 Base granting fee. 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 5 - 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 6 - 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 7 - 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 �. e ASSISTANT S RETARY Mayor ASSISTA T S6CRETARY ATTES APPROVED AS TO FORM: City Clerk _1�i -k'City Attorneys R-^Ae1 REVIEWED AND APPROVED: INIT TE P OVED: City Administrator Director of Adminis ati e Services - 8 - ird, No. 3041 STATE OF CALIFORNIA CUOUINITY OF ORANGE ss: CITY OF HUNTINIGTON BEACH rO T , NNIE BROrK',,,IAY, the duly elected, qualified CityA �''d Clerk of the City of Huntington Reach and Px-offic4n Clerk of the C,itv Council of the said City, do hereby certify that the whole number of n-,.eniber-s of the City Count I of the Cil ty 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 0T_ April lily CoUnC41 19190 , and was again read to said U � 11 at a regular wee'LJ;iy therof held on the 7th da'y y ­-F May '1990 �;-.A v -- � 11 was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council ,, AYES: Councilmembers: MacAllisterL­Winchell, Green, Mays, Bannister, Silva NOES: Counci I members: None ABSENT: Councilmembers: Erskine (out of room) City Clerk and ex-offici6-"Clerk of the City Council of the City of Hunting-ton Beach, California 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) - 1 - 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 6" pipeline, the center line of which is described as follows : Beginning at a point 3 ' West of the easterly side line 2 - f fi 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 3 - 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 300 ' ; 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 4 - 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 City. STANDARD shall pay the following fees to CITY with respect to the rights and privileges granted to STANDARD hereunder : 4 . 1 Base granting fee . 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 5 - 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 Maieure . 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 6 - 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 7 - is 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 ; u, AS ISTANT S R:TnRY Mayor ASSISTA T Sk RETARY ATTES APPROVED AS TO FORM: City Clerk City Attorney( *°�-�-�z1 REVIEWED AND APPROVED: IVIJT �,�AROVED: City Administrator Director of Administ,rati e Services i 8 - - £�ECEt4��flCily : vT'i Gr ':7 L Pig OIL PIPELINE FRANCHISE RATES Below are comparisons of pipeline franchises for various local cities. SB 552 has precluded cities from further altering their rate structures. Since the City entered into negotiations with Standard Gas Company in 1988 , it is exempt from SB 552 . The few cities, like Huntington Beach, that were able to revise their pipeline ordinances prior to 1989, have benefited accordingly. CITY DESCRIPTION HUNTINGTON BEACH 1 . One-time granting fee of $5 , 000 2 . Annual Automataic Adjustment Clause tied to several price indexes (presently at 3570 of 1967 Base) 3 . $ .12 per Lineal Foot for lines w/diam- eter of 8" : additional $. 02 per inch for each inch in excess of 8 . 4. 10% per month late charge CERRITOS 1. New franchises, one-time granting fee of $5, 000 . Majority, no granting fee. 2 . New franchises , same as HB, old franchises; no adjustment clause 3 . New franchises, same as HB. Old franchises 20 gross receipts method, 4 . New franchises, same as HB. Old franchises, no late charge. TORRANCE 1 . No granting fee required. 2 . Annual Automataic Adjustment Clause tied to several price indexes for new agreements (presently at 3570 of 1967 Base) 3 . $ . 08 per Lineal Foot for lines w/diam- eter of 8" : $ .10 for 10" , $ .12 for 12" , etc. 4. No late charge CYPRESS 1 . No granting fee. 2 . No adjustment clause 3 . 20 gross receipts method, 1937 Franchise Act 4. No late charge CITY DESCRIPTION WESTMIN'STER 1 . No granting fee. 2. No adjustment clause 3 . 2% gross .receipts method, 1937 Franchise Act 4 . No late charge LONG BEACH 1 . No granting fee required, new or old franchises . 2. $ .232 per Lineal Foot for lines/diam- eter of 4" : $ .352 for 6" : $. 471 for 8" : $ .584 for 10" , etc. 3. Annual commodity clause adjustment equal to 35% factor since Dec. 84' 4. No late charge, new or old franchises. SUMMARY: Of the Cities surveyed, only Long Beach had a greater overall rate of return than Huntington Beach on those franchises that had come up for renewal . Huntington Beach will have only one remaining franchise (Goldenwest Refining) under the old 1937 laav which severely restricts potential franchise revenue. MA", 13 '90 09:40 F. I Chevron CHIEVRON U'181� Aa FM CO Southern Dlatfloq Land Department 1300 Soy h 89mch Boulevard Le Habro, Californis 90031 FAX (213) 694-7189 Facsimile Message Dato: eF Time: To6w. Phone: Pages: giry?l run, -- --------- From: A Phone-, Pl6ase Call La Habra .and Department to Confirm (213) 694-7641 LE 88-08324- . CERTIFICATION OF RESOLUTIOF P L BOARD OF DIRECTORS of STANDARD GAS CONPPANY RESOLVED., That the President, a Vice-President, the Treasurer, the Secretary, an Assistant Secretary, or an Assistant Treasurer is empowered in such capacity to execut6 for ,and on behalf of this Company (without the necessity of affixing the corporate seal) all papers requiring execution in the name of this company, except no authority is conferred by this resolution for execution of any of the following* 1. leases to others covering oil., gas or .other hydrocarbon or nonhydrocarbon minerals underlying fee lands of this Company, other than rights of way and similar easements, where either book value or sale price exceeds $500, 000; 2. documents, instruments or promissory mates in support of any borrowings, provided, however, that promissory notes and other documents given as consideration for the acquisition of real or personal property shall not be deemed to constitute a borrowing; 3 . documents or agreements establishing bank accounts in the name of this Company, or withdrawing of funds or closing of any bank accounts of this Company; and be it further i RZOOL' EDs That each party empowered by this resolution is authorized to affix the seal of this Company to such paper's as require a seal and to acknowledge and deliver any such papers as fully as if special authority were granted in each particular instance; and be it further RESOLVED: That the President, a Vice-President, the Secretary or an Assistant Secretary of this company is empowered on behalf of this Company to appoint any person or persons whom they or any one of them may deem proper as Agents or Attorneys'in-Fact of this Company with the powers to do those things that the person making such appointment may lawfully do by virtue of the authority herein granted to them; and be it further RESOLVED: That all resolutions of similar import previously adopted by this Board of Directors are superseded. MAY 18 190 09:41 P 1, M. R. HYATT, Jet. , the undersigned Assistant Secretary of the said STANDARD GAS COMPANY, a corpporation, hereby certify that I am the Assistant Secretary of said corporation, that the foregoing is a full , true and correct copy of the resolutions duly passed by the Board of Directors thereof at a meeting held in San Francisco, California on the 29th day of October, 1987 , a quorum being present, and that said resolution has never been revoked, rescinded or set aside, and is now in full force and effect. WITN888 my hand and the seal of this corporation this 4th day of May, 1990. M. R.W43r. Assiscr ry ($TAk0aAS,MIN) 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 .44 . 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 Alternative 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 date. 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 Basic 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 . 78-5 3 .44 . 010 SectiQn-a: (Continued) 3 .44 . 360 Failure to comply timely. 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 . 3 .44 .420 Removal or abandonment of facilities . 3 .44 .430 Failure to comply. 3 .44 .440 Abandonment "in place" conditions . IV. SPECIAL PROVISIONS FOR OIL PIPELINES 3 .44 . 450 Rights granted. 3 .44 .460 Materials used. 3 . 44 .470 Approvals . 3 .44 .480 Reports . 3 . 44 .490 Payments due. 3 .44 . 500 Cost of relocation. I . GENERAL PROVISIONS AND DEFINITIONS 3 . 44 , 010 Short title. This chapter shall be known and cited as "Pipeline Franchise Ordinance. " (Ord. 2319, 5 Oct 78) 3 .44 . 020 General provisions . Every franchise hereafter granted by the city to lay, construct, maintain, operate, renew, repair, change the size of, remove or abandon in place pipes and pipelines for the collection, transportation or distribution of oil, gas, gasoline, petroleum, wet gas, 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 de- vices, wires, cables and other appurtenances necessary or con- venient for the exercise of the franchisee' s business, in, under, along or across any and all streets within the city of Huntington Beach except, as otherwise provided in the particular franchise agreement, shall be granted upon and be subject to the rules, regulations, restrictions and terms and conditions of this chapter, in addition to those rules, regulations, restric- tions , terms and provisions set forth in the particular fran- chise agreement . (Ord. 2319 , 5 Oct 78) 3 .44 . 030 Pole lines .: Nothing in this chapter or in any franchise agreement granting such a franchise shall be construed to permit the grantee to construct new poles or other facilities aboveground . (Ord . 2319 , 5 Oct 78) 78 . 6 3 . 44. o4o 3. 44. o4o Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein: (a) "Council" shall mean city council of the city of Huntington Beach. (b ) "Code" shall mean the Huntington Beach Municipal Code. (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 78-7 3. 44. 050--3. 44. 090 designated as a ma, or 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 "mayor" 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. (n) "Section" shall mean a section of the Huntington Beach Municipal Code, unless some other code or statute is mentioned. (o) "Service connection" shall mean the wire, pipes, or con- duits connecting the building or place where the service or hydro- carbons supplied by the franchisee is used or delivered, or is made available for use or delivery, with the supply line or supply main in the highway or with such supply line or supply main on private property. (Ord. 2319, 5 Oct 78). 3. 44. 050 Term. Unless the franchise agreement granting the franchise provides otherwise , the term of the franchise shall be twenty-five (25) years . (Ord. 2319 , 5 Oct 78) 3. 44. 060 Franchise agreement . The franchisee shall enter .into a written agreement with the city of Huntington Beach which grants the franchise and sets forth the terms and provisions therein. (Ord. 2319, 5 Oct 78 ) 3. 44. 070 Nonexclusive franchise . The granting of the fran- chise shall not be construed to prevent the city from granting identical or similar franchise to any person other than the fran- chisee . Nothing herein contained shall ever be construed so as to exempt the franchisee from compliance with all ordinances, rules or regulations of the city now in effect or which may be hereafter adopted which are not inconsistent with the terms of the franchise . (ord. 2319 , 5 Oct 78 ) 3, 44. 080 Maps . Within ninety (90) days following the date in which any facilities or appurtenances have been laid, removed or abandoned under the franchise , the franchisee shall file a map or maps with the department showing the accurate "as built" loca- tion, depth, and size of the facilities or appurtenances so laid,,- removed or abandoned. (Ord. 2319 , 5 Oct 78) 3. 44. 090 Insurance. On or before commencement of any fran- chise operations , franchisee shall obtain or provide satisfactory evidence of having policies of liability and workers ' compensation insurance from companies authorized to transact business in the 78-8 3, 44. 100--3. 44. 120 state of California by the insurance commissioner of California. (Ord. 2319, 5 Oct 78) 3. 44. 100 Liability insurance. The policy of liability in- surance required by this chapter shall be issued to franchisee and name the city and its officers , agents, and employees as additional insureds . It shall further indemnify for all liability for per- sonal and bodily injury, death and damage to property arising from activities conducted pursuant to the franchise by providing coverage thereof, including but not limited to : (a) Negligent acts or omissions of franchisee and the agents, servants and employees thereof, committed in the conduct of fran- chise operations . (b) Provide a combined single limit liability insurance in the amount of one million dollars ($1, 0001000). (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. 78-9 3. 44. 130--3. 44, 150 (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 part 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 period that franchisee fails to maintain said policies in full force and effect. (Ord. 2319, 5 Oct 78) 3. 44. 130 Faithful performance bond. On or before the ef- fective date of the franchise agreement granting the franchise, franchisee shall file and thereafter at all times during the life of the franchise keep on file with the city clerk a corporate surety bond approved by the city attorney running to the city in the penal sum of ten thousand dollars ($10, 000) , with a surety to be approved by the city attorney, conditioned that franchisee shall well and truly observe, fulfill and perform each condition of the franchise and that in case of any breach of condition of the bond the whole amount of the penal sum shall be deemed to. be liquidated damages and shall be recoverable from the principal and sureties of the bond. In the event that said bond, after it has been so filed, shall at any time during the life of the fran- chise become insufficient , franchisee agrees to renew said bond, subject to the approval of the city attorney, within ten (10) days after written notice to do so from the director. (Ord. 2319 , 5 Oct 78 ) 3. 44. 140 Alternate security. In lieu of the bond required pursuant to section 3. 44. 100, the franchisee may deposit with the director and assign to the city savings and loan certificates or shares, or both, in the same amount as required on such bond. (Ord. 2319 , 5 Oct 78 ) 3. 44. 150 Length. Whenever the length of any wire, pipe or conduit is a factor in calculating any payment due under any franchise granted by the city, all service connections shall be excluded in determining such lengths . (Ord,. 2319, 5 ,Oct 78) 78-10 3. 44. 160--3. 44. 210 3. 44, 160 Forfeiture, The Franchise is granted and shall be held and enjoyed upon each and every condition .contained in the franchise agreement , including such conditions contained here- in as are incorporated by reference in said franchise agreement , and shall be strictly construed against. the grantee. . Any neglect , failure or refusal to comply with any of the terms and provisions of the franchise agreement shall constitute grounds for the sus- pension or forfeiture of the franchise, shall give to the grantee riot less than thirty (30) days notice in writing of any default thereunder. If the grantee does not , within the noticed period, begin the work of compliance or after such beginning does not prosecute the work with due diligence to completion, the council may hold a hearing, at which the grantee shall have the right to appear and be heard, and thereupon the council may determine whether such conditions are material and essential to .the franchise and whether the grantee is in default with respect thereto and may declare the. franchise suspended or forfeited. Notice of said hear- " ing shall be given to the grantee by certified mail not less than five (5 ) days before said hearing. (Ord. 2319 , 5 Oct 78 ) 3. 44. 170 Value of franchise. The grantee of any franchise awarded to a public utility, by accepting the terms and conditions 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 in 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 78-11 3. 44. 220--3. 44. 250 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 upon 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 the use , operation or maintenance of the facilities erected, constructed, laid, operated or maintained thereunder. (Ord. 2319 , 5 Oct 78 ) 3. 44. 230 Standards. All facilities erected, constructed, laid, operated or maintained under the provisions of the franchise shall be erected, constructed, laid, operated or maintained in accordance with and conforming to all the ordinances, codes, rules and regulations now or hereafter adopted by or prescribed by the council. (Ord. 2319, 5 Oct 78 ) 3. 44 240 Defective facilities. If any portion. of any street shall be damaged by reason of defective facilities laid or con- structed under the franchise , the grantee shall, at its own ex- pense, repair any such defect and put such street in as good con- dition as it was before such damage was incurred, to the satis- faction of the city. If the grantee, within ten (10) days after receipt of written notice from the city, instructing it to repair such damage, shall fail to commence to comply with such instruc- tions , or, thereafter, shall fail diligently to prosecute such work to completion, then the city immediately may do whatever work is necessary to carry out said instructions at the cost and expense of the grantee , which cost and expense, by the acceptance 78-12 3. 44. 250--3 . 44. 290 of the franchise, the grantee agrees to pay upon demand. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the city without notice may repair such damage and the grantee agrees to pay the reasonable cost thereof upon demand. (Ord. 2319 , 5 Oct 78) 3. 44. 250 Hazardous substances. Prior to the issuance of any excavat ion permit for the construction or installation of any pipeline for the transmission of flammable liquids or gases, which are heavier than air, written approval shall be obtained from the director. Said approval should be based on the determination that no undue fire hazard will be created to life or property in the areas through which the proposed pipeline will be located. To make such determination, consideration shall be given to : (a) Type .of hydrocarbon to be transmitted. (b) Density of population or structural development in the area through which the pipeline will be located. (c) Adequacy of water supplies for fire control purposes. (d) Extent of available public fire protection facilities . (e) Number. and location of shutoff valves in line. (Ord. 2319 , 5 Oct 78 ) II. COMPENSATION 3. 44. 260 Basic granting fee. In the event of an initial grant of franchise or franchises which extend, renew, or continue previously granted franchises , a base granting fee shall be re- quired as established, and amended from time to time , by resolution of the city council. (Ord. 2676, 15 Feb 84; Ord. 2319 , 10/78) 3. 44, 270 Base annual fee. A base annual fee shall be paid by franchisee at times specified and in the amount established, and amended from time to time, by resolution of the city council. (Ord. 2676, 15 Feb 84; Ord. 2319 10/78 ) 3. 44. 280 Base construction charges . The holder of the franchise shall pay at the time of installation, relocation or replacement of any segment of pipe or pipeline, or any other fa- cility covered by the franchise agreement , a base construction charge established, and amended from time to time, by resolution of the city council. (Ord. 26765 15 Feb 84; Ord. 2319, 10/78 ) 3. 44 . 29O Ad�ustmehts--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 78-13 3. 44. 300--3. 44. 310 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. (b) If said index for the calendar month ending two (2 ) months prior to the month in which payment to the city is due shall stand at other than said "base index. " then the rate of payment to the city shall vary from said "base annual fee" in direct proportion as said index has increased from the "base index," as hereinabove defined; provided, however, that in no event shall the amount of the annual payment be less than the "base annual fee" as set forth herein. (c ) If said bureau shall revise the said index, the parties hereto shall accept the method of revision or conversion recom- mended by said bureau. (d) If said bureau shall discontinue the preparation of the said index using prices prevailing in the year 1967, as a base of 100 and if no transposition table prepared by said bureau is available, applicable to said year of 1967, then the amount of each annual payment shall be computed by reference to such other price index as may be chosen by city and the city shall be the sole fudge of comparability of successive indices . (Ord. 2319, 5 Oct 78) 3. 44. 300 Proration of payments. In the event of abandon- ment of facilities with the approval of the city as elsewhere in this chapter provided, or in the event of removal of such facili- ties by the franchisee, or in the event of the grant of a fran- chise with an initial franchise payment period of less than one year, the annual franchise fee required under section 3. 44. 390 shall be prorated for the calendar year in which such removal or abandonment or grant occurs as of the end of the calendar month in which removed, abandoned or granted. (Ord. 2319, 5 Oct 78 ) 3. 44. 310 Records. Franchisee shall keep and preserve for a period of five years subsequent to the date of the most recent franchise fee determination all the records necessary to determine the amount of such franchise fee. At all reasonable times , the franchisee shall permit the city or its duly authorized representative to examine all property of the franchisee erected, constructed, laid, operated or main- 78-14 3 . 44 . 320- 3 . 44. 350 tained pursuant to the franchise, together with any appurtenant property of the franchisee, and to examine and transcribe any and all books , accounts , papers , reaps , and other records kept or maintained by the franchisee or under its control which con- cern the operations , affairs , transactions, property or financial condition of the franchisee with respect thereto. Said records shall be made available to the city at a location in the county of Orange, (Ord. 2319, 5 Oct 78 ) 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. 340 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. 2319, 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 78-15 3. 44. 360--3. 44. 380 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. . In the event that the franchisee shall fail or neglect to make such highway repair, replacement or restoration work, ten (10 ) days after notice therefor has been given franchisee by the director, the city may repair, replace or restore said highway at the expense of franchisee. Franchisee agrees to pay to the city the cost of performing such work. The amount so chargeable shall be the direct cost of such work plus the current rate of overhead being charged by the city for reimbursable work. (Ord. 2319, 5 Oct 78 ) 3. 44, 36O Failure to timely comply. In the event that the franchisee fails to complete the work within the time specified in the permit , the city may require the franchisee to pay to the city not more than two hundred dollars ( $200) per day as liquidated damages for each day construction extends beyond the time speci- fied in the permit . Whenever the franchisee fails to complete any work required by the terms and provisions of the franchise, and the permits issued thereunder, within the time limits required thereby, the city may complete or cause to be completed any and all such work at the expense of the franchisee. The franchisee agrees to pay to the city the cost of performing such work. The amount so chargeable to franchisee shall be the direct cost of .such work plus the current rate of overhead being charged by the city for reimbursable work. (Ord. 2319 , 5 Oct 78) 3. 44. 370 Completion 'statement . Upon the completion of the construction of any pipelines or appurtenances constructed pur- suant to said franchise , the franchisee shall submit a statement to the director, identifying the permit or permits issued by the department , the total length of pipeline, the construction of which was authorized under such permit or permits , and the total length of pipeline or appurtenances actually laid. (Ord. 2319 , 5 Oct 78 ) 3. 44. 380 Appurtenances . The franchisee shall have the right to construct, maintain and repair such traps, manholes, conduits , valves , appliances , attachments and appurtenances (hereinafter collectively referred to as "appurtenances" ) as may be necessary 78-16 3. 44. 390--3. 44. 420 or convenient for the proper maintenance and operation of the pipelines under said Franchise, and said, appurtenances shall be kept flush with the surface of the street and so located as to conform to any ordinance, resolution or regulation of the city, or of any permit issued by the department in regard thereto and shall not interfere with the use of the street for travel. The franchisee shall have the right subject to such ordinances, resolu- tions or regulations as are now or may hereafter be in force, to make all necessary excavations in said street for the construction, maintenance and repair of said appurtenances; provided, however, that the franchisee shall first obtain an excavation permit from the department for doing any such work. (Ord. 2319 , 5 Oct 78) 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 there- after make written application to the city for authority either: (1) to abandon all or a portion of such facilities in place; or (2) to remove all or a portion of such facilities . The director shall determine whether any abandonment or removal which is thereby 78-17 3. 44. 430--3. 44. 44o proposed may be effected without detriment to the public interest and under what conditions such proposed 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 ) 3, 44. 430 Failure to comply. (a) If any facilities to be abandoned in place sub, ect to prescribed conditions shall not be abandoned in accordance with all such conditions the director may make additional appropriate orders , including an order that the franchisee shall remove any or all such facilities. The fran- chisee shall comply with such additional orders. (b) In the event that the franchisee shall fail to comply with the terms and conditions of abandonment or removal as may be required by this chapter and within such time as may be pre- scribed by the director, the city may remove or cause to be removed such facilities at the franchisee ' s expense. The fran- chisee shall pay to the city the cost of such work plus the current rate of overhead being charged by the city for reimburs- able work. (c ) if, at the expiration, revocation or termination of this franchise, or of the permanent discontinuance of the use of all or a portion of its facilities, the franchisee shall, within thirty (30) days thereafter, fail or refuse to make written application for the above-mentioned authority, the director shall make the determination as to whether the facilities shall be abandoned in place or removed. The director shall then notify the franchisee of his determination. The franchisee shall there- after comply with the provisions of subsection (b ) of section 3, 44. 420. (Ord. 2319 , 5 Oct 78) 3. 44. 440 Abandonment "in place" conditions. Facilities abandoned "in ,placell shall be subject to the condition that if, at any time after the effective date of the abandonment , the director determines that the facility may interfere with any public project , franchisee or its successor in interest must remove the facility at its expense when requested to do so by the city or to pay city for the cost of such removal. (Ord. 2319, 5 Oct 78) 78-18 3. 44. 450--3. 44. 480 TV. SPECIAL PROVISIONS FOR OIL P2PELINES 3. 44, 450 Rights granted. The franchisee granted an oil pipeline franchise shall have the right during the life thereof to transport- oil, gas, gasoline, petroleum, wet gas and other hydrocarbon substances through the pipelines maintained under the Franchise. If the franchisee or assignee later qualifies before the Public 'Utilities Commission of the state of California as a common carrier, the franchisee or assignee shall then have no right to continue to operate 'hereund.er after the date of such qualification except with the consent of the council, granted upon such. additi.onal terms and conditions as the council may deem proper, Such additional terms and conditions. shall be expressed by resolution. (Ord. 2319 , 5 Oct 78) 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 ) 78-19 3. 44. 4907--3. 44. 500 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. 2310, 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 ) 78-20 t GOLDEN WEST REFINING COMPANY ACCOUNTING CENTER March 26, 1985 City of Huntington Beach City Hall P. 0. Box 190 Huntington Beach, California 92648 Gentlemen: We are enclosing our check in the amount of $1,141.88 for calendar year 1984. This payment is for amount due under the County of Orange Franchise Ordinance # 813. Franchise report is enclosed. Very truly yours, J S. Vernie C ptroller JSV:mgs Enclosures 13415 Carmenita Rd. P.O. Box 2128, Santa Fe Springs, CA 90670 (213) 802-2064 A F F I D A V I T Statement of amount due on Franchsie covered by Ordinance # 813 being two percent of the estimated gross receipts of Golden West Refining Company, to whom said franchise was assigned, arising from the use, operation or p .ossession of said Franchise from the period January 1, 1984 to December 31, 1984, inclusive. SCHEDULES I & II ARE ATTACHED AND MADE A PART OF THIS AFFIDAVIT J. S. Vernie, being duly sworn, deposes and says: That he is the Comptroller for Golden West Refining Company which is the owner and holder of Franchise No. 813 of the County of Orange. California: that as such Comptroller he makes this verification on behalf of the said Corporation; that he has read the foregoing statement and attached schedules, and knows the contents thereof, and that same are true, correct, full and complete to the best of his knowledge and belief. S. Vernie ptroller • SCHEDULE 1 GOLDEN WEST REFINING COMPANY STATEMENT OF FRANCHISE TAX DUE HUNTINGTON BEACH TERMINAL TO SANTA FE SPRINGS* YEAR ENDING DECEMBER 31 , 1984 DETAIL OF TRANSPORTATION INFORMATION 1 . Total Length of Line 110,999' 2. Length of Line Under Ordinance 21, 112' (19.0200) If 813 Huntington Beach 21,112 100.00% 3. Barrels Transported 5,519,809 4. Rate Per Barrel $ .04 5. Total Gross Receipts $ 220,792.36 6. Total Due Under Franchise $ 839.89 DUE Huntington Beach $ 839.89 TOTAL DUE 839.89 * Off-shore receipts. Excludes receipts from Aminoil reported on Schedule II SCHEDULE II GOLDEN WEST REFINING COMPANY STATEMENT OF FRANCHISE TAX DUE AMINOIL TO HUNTINGTON BEACH TERMINAL TO SANTA FE SPRINGS YEAR ENDING DECEMBER 31 , 1984 DETAIL OF TRANSPORTATION INFORMATION 1. Total Length of Line 139,536' 2. Length of Line Under Ordinance P 813 411849' (29.9915) Huntington Beach 41 ,849' 100.00% 3. Barrels Transported 1,258,662 4. Rate Per Barrel $ .04 5. Total Gross Receipts $ 50,346.48 6. Total Due Under Franchise $ 301 .99 DUE Huntington Beach $ 301. 99 Total $ 301.99 GOLDEN WEST REFINING COMPANY 00797 I P. O. BOX 2128 802-2064 SANTA FE SPRINGS, CA 90670 April 1, 19 85 90-49/1222 POAY TO T RTER o CITY OF HUNTINGTON BEACH $1,141.88 ONE THOUSAND ONE HUNDRED FORTY ONE & 88/100 ----DOLLARS CALRORNIA BELLFLOWER OFFICE _ 1610,9 a110-1 Blvd. Q!Bollfl w"CalROmla 00706 FIRST BANK 118000797i1' o': L 2 2 200490404 L 1, 24 L08�6u° GOLDEN WEST REFINING COMPANY DETACH AND RETAIN THIS STATEMENT THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. DELUXE FORM DVO-3 V-7 4/01/85 Pipeline Franchise Ordinance # 813. $1,141.88 e GOLDEN WEST REFINING COMPANY ACCOUNTING CENTER March 26, 1985 City of Huntington Beach City Hall P. 0. Box 190 Huntington Beach, CA 92648 Re: Pipeline Franchise Ordinance No. 315 Gentlemen: We are enclosing our check in the amount of $18,230.34 in payment of the amount due for the calendar year 1984. Computations of the above is as follows: Length of Size of Line Line in Feet Rate Amount 6" 18,413 12� $ 2,209,56 12" 181418 20q, 3,682.60 $ 5,892.16 PLUS: Wholesale (Primary Market) Price Index, All commodities, 1967 base year for the month of October, 1984 @ 309.4 12,338. 18 $18,230. 34 Very truly yours, ' S. Vernie mptroller JSV/DLH/mgs Enclosures 13415 Carmenita Rd., P.O. Box 2128, Santa Fe Springs, CA 90670 (213) 802-2064 GOLDEN WEST REFINING COMPANY 00798 P. O. BOX 2128 802-2064 SANTA FE SPRINGS, CA 90670 April 1, 85 90-49/1222 PAY TO THE CITY OF HUNTINGTON BEACH $18, 230.34 ORDER OF EIGHTEEN THOUSAND TWO HUNDRED THIRTY & 34/100 ----.-.------DOLLARS CALIFORNIA eELLFLOWER OFFICE 1b909 e.11llow.r Blvd. _ edlllowe4 Call/omla 90706 C VIRBT BANK I u800079B1 1: 11 2 2 2004901:01, IE l 24 10 E,I GOLDEN WEST REFINING COMPANY DETACH AND RETAIN THIS STATEMENT THE AITACHEO CHECK IS IN PAY&ENT OF ITEMS ❑ESCRIHED BELOW. IF NOT CORRECT PI-EA15E NOTIFY LIS PROMP'rl_Y. NO RECEIPT OEaIRED. DELUXE FORM DVO-3 V-7 4/01/85 Pipeline Franchise Ordinance ## 315. $18, 230.34 1 Y T' sr ++'•/1��j MuxnNGTON BEACH From The Desk Of WILLIAM S.AMSBARY Assistant City Attorney d 1 ,ca TV- f 1? A j EabQ,a s�s�D !C' .+. +�{ �:4.. ,.1.•T L..Y `. A--.�_..f.i �aa ti, � d.� k � •. ���.� :, ���;t� t •t t.:4�.`fN�.��d�1�..f�2-.ti g1Afs °,„c"�•Y l -+��rr+��.-'+, t-: .7 L �,�+'T.fit -�.4: -. 1-4;p - r_... !�k- •'ff t ' f- - - .� ''- • •9 r - -ter - -_._�y,��l l3•T_„!.�•'t�ii�ir�.i:..�►. t y .ww...�_a.'rr:v:.:a...:a. � `w:.��..r.- ,_a,:..�..r..r. •> ♦t�,. Aff ..., .- '' NAME AND ADDRESS OF AGENCY N1arSh & Mclennan, Inc. MAPANIES AFFORDING COVERAGES w-26-81 1221 Avenue of the Americas C QA,PANY New York, New York 10020 LETEH ` Travelers Insurance Cerny _ - I `CMPA�iY E TTER NAME AND ADDRESS OF INSURED }� - COMPANY q Gulf Oil Canpany, U.S. LETTER -A A Division of Gulf Oil Corporation CCIMPANY ailf Building LEVER Pittsburgh, Pennsylvania 15230 COMPANY tt�'° LETTER E This is to certify that policies of insurance listed below have been issued to the insured named above and are in fence at this time. f-c'vith;u.^. i^y any requirement.term or conoiticn Aof any contract or other document+pith respect to which this certificate may be issued or may pertain,the insurance zftgrd_d by the policies described herein is subject to all the terms,exclusions and conditions of such pclicieS. COMPANY POLICY Limits of Liabiiity in Thousands( 50) 8 LE-TER TYPE OF INSURANCE POLICY NuMFER EXPIRATION DATE EACH AGGREGATE , OCCURRENCE GENERAL LIABILITY �= •EGOILY INJURY $ $ COMPREHENSIVE FORM r���: /mil RY^7-7 A ❑ PREMISES-OPERATIONS 11V E-s1,I 7l311•/ /0-8-81 3/1,/84 FROPERTY DAMAGE S $ i DEXPLOSION AND COLLAPSE HAZARD -n D UNDERGROUND HAZARD l D PRODUCTS!COMPLETED OPERATIONS HAZARD --OE!,r 1.1:JURY AND �. ❑CONTRACTUAL INSURANCE PFpPERTY EIAMAGE S S DSPOAD FORM PROPEaTY CC.'.,SlNED 1,000 - 1,000 . :,- DAMAGE ❑ INDEPENDENT CONTP.ACTOP.S ❑ PERSONAL INJURY PEPSC:AL INJURY 5 _ I AUTOMOBILE LIABILITY -'.DI ID�t COMPREHENSIVE FORM BODILY I 2JRY S U Ov:NED itACHACC -NT)D HIRED I i a'''CFERTY D:_AGF IS —, i EXCESS LIABILITY I U7d5RELLA FORM _ FR•0?f RTY DAAIAGE - (D OTHERTHAN UMSPELLA Ct?)....r..EC WORKERS'C07dPENSATtONJ STATUTORY and EMPLOYERS'LIABILITY je OTHER .vnrv�rr�Y, c'.L'i.... :. ',,�€`,":.,-�<.y`r'' r9- ^�':r.?%:..'.q v 'bk ,,_r a^r.-?;�:.•;.�,.�..,... �..�•:;,:,.,�. --.-r-r. .x w�•�-.,+�,..� �`r.E.'.,.�5.�, rJ -a:Wx.ta�...::G p._._..c�::_.:_...._o-s::.•,,., ...rt.,:..rr:. •iz,o.ay.r,�,.,,'�:.a:m-.a. L:�r .m,.•-Luilisw• j CESCRIPTiON Of EFAT GN�•LCti T N_•.EN tLS All operations of the Insured (see .attached.) City of Huntington Beach, Orange County, California Cancellation: Shouid any of the above described policies be cancelled before the rate the/reof. the issuing corn- pany will endeavor to mail.-30— days writt_n notice to the belotiv reamed Certlficate noider, but faliure to mall such notice Shall impose no cb!:gatlon or liability of any ki;;d upc 'he company. NAME AND AuUFESS CF•^ETIF!CAiE HCLGER. I City Attorneys Office ! :;A E -- cli 1,_1981 City of Huntington Beach Orange County, California 92648 _I tw`SJ 25(1-79) AGREEMENT BETWEEN CITY OF HUNTINGrON BEACH (HEREINAFTER REFERRED TO AS GRANTOR) AND WILSHIRE OIL COMPANY OF CALIFORNIA, (HEREINAFTER REFERRED TO AS GRANTEE) , READING AS FOLLOWS: "GRANTEE AGREES TO REP AND SAVE, FREE AND HARMLESS, THE CITY, ITS OFFICERS, AGENTS AND OR EMPLOYEES AGAINST ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTIN WHICH MAY BE ASSERTED, PROSECUTED OR ESTABLISHED AGAINST THEM OR ANY OF THEM, FOR DAMAGE TO PERSONS OR PROPERTY OF WHATSOEVER NATURE, ARISING OUT OF OR IN CONNECTION WITH THE USE BY GRANIE.E OF THE CASEMENT HEREBY GRANTED, OR OUT OF ANY OF THE OPERATIONS OF GRANTEE INCIDENT THETOM." SAID AGREEMENT PERTAINS TO THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLI-01S, TO WIT: A STRIP OF LAND 10 FEET IN WIDTH, LOCATED IN THE EAST CNE-HALF OF FRANCTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, S.B.B. & M. AND BEING 5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 14, SAID POINT BEING 2361.73 FEET SOUTHERLY OF THE NORTHEAST ODIUM OF SAID SECTION 14: THENCE WESTERLY ON A LINE WHICH HAS A COURSE OF SOUTH 69 DEG. 16' WEST 50 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF HAMPSHIRE AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION: THENCE WESTERLY ON A LINE WHICH HAS A COURSE OF SOUTH 69 DEG. 16' WEST 405.43 FEET TO A POINT, THENCE SOUTH- WESTERLY .CAI A LINE WHICH HAS A.COURSE OF SOUTH 36 DEG. 54' WEST TO THE LINE OR ORDINARY HIGH TIDE TO THE PACIFIC OCEAN. A PORTION OF SAID EAST ONE-HALL OF FRACTIONAL SECTION 14 IS SHOVN UPON A NAP FILED 1N BOOK 17, PAGE 25 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. TO- G THEM WITH THE NECESSARY RIGHTS OF INGRESS AND AGREES OVER CITY'S ADJOINING LANDS AS MAY BE NECESSARY FOR ENJOYMENT OF THE RIGHTS HEREBY GRANTED, PROVIDED THAT GRANTEE AGREES TO INDEMNIFY CITY FOR ALL DAMAGES CITY MAY SUFFER FROM GRANTEES ENTRY ON ANY OF CITY'S SAID ADJOINING LANDS. AGRE M-3- VT BEIVEEN CITY OF I1U!\lTINGTON,L'!?%�(41 (HEREI,�APrER REFERRED TO AS GRANTOR) AND WILSIIIRE OIL CO r-A-NY OF CPLIFORNIA, (FIERE,MATTER REFERRED TO AS GRE1',I'1'EE) , READING PS FOLLC %S: "GRANTEE AGREES TO Y.EEP AND SAVT, FREE AND I1AFu�ESS, T1;F' CITY, ITS OFFICERS, AGENTS AND OR El•l-DLOYFES AGAINST ANY AND ALL CIJITMS, D7h-1ANDS OR CAUSES OF ACTION t%:iICH MAY BE ASSEtRI'ED, PROSECC'�i'ED OR ESTABLISHED AGAINST TI1 4 OR ANY OF 111E I, FOR DAMAGE- ` O PErSO?S OR PRO RTY OF WHATSOE'JER NATURE, tiRISI-UG OUT OF OR IN CONNTECI'ION WZTH THE USE BY GPANIEE OF THE CASElN=v'T HEREBY GRANTED, OR OUT OF ANY OF THE OPERATIONS OF' GFANTEE INCIDENT TIilEREI'O." SAID AGT2 EINIT PERTAINS TO TIIAT =AIN PEAL PROPERTY SITUATED IN THE CITY OF hJUNTINGTON BEACH, COUNNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLIa,:S, TO WIT: A STRIP OF LAND 10 FEET IN WIDTH, LOCATED IN THE EAST CNE-H_A�T-T OF FRANCTIOiNAT SECTION 1-4, TC%Ni SHIP 6 SOUTH, RA33GE 11 1ti,ST, S.B.E. & M. AND BEING 5 FEET ON EITHER SIDE OF THE F'OLLO�,MNG DESCRIBED CENT_.,RLIAE: BEGINI]ING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 14, SAID POINT BEING 2361.73 FEET S07LM=- Y OF THE NO.-Or CORNER OF SAID SECTION 14: THENCE 1,%ESTERLY ON A LINE WHICH HAS A COURSE OF SOUTH 69 DEG. 16' WEST 50 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF HAnRSHIRE AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINT t G OF THIS DESCRIPTION: THENCE WESTERLY ON A LINE 1%M- ICH HAS A COURSE OF SOUTH 69 DEG. 16' I EST 405.43 FEED TO A POINT, _TI- NCr SOLfiH- WESTEP.LY ON A LINE WHICH HAS A CUJRSE OF SOUTH 36 LEG. 54' WEST TO THE LINE OR ORDINARY HIGH TIDE TO THE PACIFIC O EAN. A PORTION OF SAID EAST ONE-HALG OF FRACTIONAL SECTION 1.4 IS SH9vd1 UPON A I-TAP FILED N BOOK 17, PAGE 25 OF RECORD OF SURVEYS IN 7 lE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, C71z.IFO.-,NIA. TO- (a7l=—R WITH Ti-7F NECESSARY RT WI7TS OF INGRESS rTl- AuP�.:5 v�vLi� Cirrn��S ADJOINING LANDS AS MAY BE NECESSARY FOR E_4JOYl LENT OF T"IE RIGiTS HEREBY GRAIv4TED, PROVIDED THAT GRANTEE AGREES TO IN=NL IF'Y CITY FOR ALL DVIMI AGE'S CITY MAY SUFFER FROM GRANTEES E= ON ANY OF CITY'S SAID AD7OL4ING LAN'D.S. • c r Or r ' ox �44i �� y .5r.. i�►of::S..:..0 ,� ,r, » j ..4� r T a S t -4�3 t t •t,�''' s< -a• i l r `�.c v,c`' �I Is y , ^.+• qt-,.Z. x q •r >. �. ,L.• v.d< Elf'f j rs r1'li.�+�,rs sc ri1r `.i5uaaf����rs^iM�:. '�t � �t 44. w�.r:^]am.i�:,e�..+o.�-.."',:�..ai�..s,.r.31--�.�..� �'•i.:aar:�..�.�m?:J'' }-.._ x.na.5iist.u.��. SAME AND ADDRESS CF AGENCY - &MPANIES AFFORDING COVERAGES W-26-78 Marsh & McLennan, Inc. 1221 Avenue of the Americas COMPANY LETTER 7"I Travelers Insurance Ccrrpany New York, New York 10020 LETTELETTER R NAME AND ADDRESS OF INSURED COMPANY (� - Gulf Oil Cculpany, U.S. LETTER�1 L.� • ` A Division of Gulf Oil Corporation COMPANY �= Gulf Building LETTER Pittsburgh, Pennsylvania 15230 COMPANY r; LETTER cm This is to certify that CO;TieS of insurance listed be!ow have been issued to the insured named above and- re in fare this time. Notwithstanding any reouirement,term or condition 4 of any contract or other document with respell to which this certit:cate may be issued or may pertain f e ics�uranc -Horded by the policies oescrioed herein is subject to all the -_ terms,exclusions and conditions cf such policies. . :x COMPANY I POL,Cv Limits of Liabilitym in Thousands(Cu LETTER TYPE OF INSURANCE POLICY NU"?ER EXPIRATION DATE EACH AGGREGATE OCCURRENCE ?" GENERAL LIABILITY BODILY INJURY S S r1 COMPPEHENSIVE FORM A ❑ PREMISES—OPERATIONS TR NSL-131T770-8-78 dPROPERT PROPERTY DAMAGE $ $ t. ❑ EXPLOSION AND COLLAPSE HAZARD "i ❑ UNDERGROUND HA2APD ❑PRODUCTS/CO`IPLEIED OPERATIONS HAZARD - cGDI_Y INJURY AND ❑CONTRACTUAL INSURANCE 'Y DAM.A.SE SPOAD FORM FROPERTY - i COMBINED 1,000 1,000L DAM E ❑ INDEPENDENT CONTRACTORS i ❑ PERSONAL INJURY r' PERSONAL INJURY b AUTOMOBILE LIABILITY ^ILYINJ,jRY i S c c ACH PEF.SCN; D FORM COMPREHENSIVE ? r aGD!LY!'VJL!RY I S I I IcACH ACCIDENT) El AWNED )— 1❑ HIRED I :R.DPC RT .1 DA' AG= $ ¢ NO'}-OY:`aED :CDIL`I'JURY ND 1 RTY LAkllAGE : EXCESS LIB.ILITY I "'OILY iNjURY AND F " `❑ UMBRELLA FOP'd 1 � cROPERTY DAMAGE S c - s !� OTHER THANUh+.r:GCLLA FORM IWORKERS"CCTdPENSA710N) -�-- STATUTORYand EY. PLOYERS'LIAD'ILITY OTHER f gA...r�•--�-fer.c �.s�-"'e1' "w✓ha.�.r•�a-;r. •-, -v F.+}u;r:.� '�."- _c:V .;.�_.._,-.,... y ----•gc-.v-....-�-> _ -•-d•.3Ta-w.:r.'r-^: __ ' DESCRIPTION OF OPERATIONS'LOCATIONS/.vC.".Es All operations of the Insured (see attached) City of Huntington Beach, Orange County, California Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- panv vnll endeavor to mail 30__ days written notice to the c,c!c,w named certificate holder, but failure to mail such notice shah impose no obligation or liability of any kind Upon the company. NAME AND A-DYE..SS OF CERT:.ICATE-K)LUER: ! ' City Attorney's Office AfE I= =o- Febzuazy 2, 1981 City of Huntington Beach Orange County, California 92648 i :�11-.G Eu r.Ern:.ENTASfiE t �.. AGREEMENT BE11N= CITY OF HUNTINGTON BEACH (HEREINAFTER RM7ERRED TO AS GRANTOR). AND WIISHIRi, OIL CC�'+PANY OF CALIFORNIA, ("HEREINAFTER REFERRED TO AS GRAA=) , READING AS FOLLOWIS: "GRANTEE AGREES TO K,-=' X D SASE, FT[E AND HARNSESS, THE CITY, ITS OFFI ,RS, A N-JfS AND OR a-T- I.0-YEES AGAINST ANY AND AJ7L CLAL7S, DEMA-NDS OR CAUSES OF ACTION WHIC111 I-'VY BE ASSERTED, PROSECUi' OR ESTABLISHED AGAINST TI-iE24 OR -k\Y OF THIS , FOR DA,'AGv TO PERSO°JS OR PROPERTY OF WHATSOEVER NATURE, ARISING OUT OF OR IN CONNECTION WITH THE USE BY G_RAWEE OF THE CASE TENT HEREBY GRAI7I'ED, OR OUT OF ANY OF THE OPERA5IaNS Cr- GRANIE"E Il4CIDnJ'T TiiERETO " SAID ACR=^EI\',T I'ERTAIENS TO THAT CERTALN REAL PROPERTY SITL[T�-TED IN THE CITY OF HUTI'ING1'0N BEACH, COL'N'I'Y CF ORNNCE, STATE OF CALIFORNIA, DESCRIBLD AS FOLL qS, TO VdT: A Sri ZTP OF LAND 10 FEAT IN WIDTH, LO•=.A` ED TNT THE FAST QVE-HALF OF FRACCTIONAL SECTION 14, TU^INSHIP 6 SOLi-IB, RANGE 11 WEST, S.B.B. & M. AND BEING 5 FRET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLIZ�,E: BEGINNING AT A POINT ON Tr.E EASTERLY I= OF SAID SECTION 14, SAID POINT BEING 2361.73 FEET SOUIHERLY OF THE NORTHE'.AST CORNER OF SAID SF)CTI9N 14: '1HE�iCE WESTERLY ON A LINE WHICH HPS A COURSE OF SOUTH 69 DEC. 16' WEST 50 FFET TO A POIIv'T ON THE EASTERLY PROPERTY LLivTE OF HAiMPSHIRE =\UE, SAID POINT BEING THE TRUE POINT' OF BEGEN-,\aNG Or THIS DESCRIPTION: T IENCE WESTERLY ON A =E- WaHICH HAS A COURSE OF SOUTH 69 DEG. 16' WEST 405.43 FEET TO A POINT, TRACE SOUl'H- WESTERLY ON A LINE WHICH HAS A COURSE OF SOUTH 36 DEG. 54 ' WEST TO THE LI1\E OR ORDINARY HIGH TIDE TO THE PACIFIC OCEAN. A PORTION OF SAID EAST ONE-HA O OF FRACTIONAL SECTION 14 IS SHa-,N UPON A J�rAP FILED IN BOOK 17, PAGE 25 OF RECORD OF SURV-YS IN TIE OFFICE OF THE COUNTY RECORDER OF GRANGE COUNTY, CALIFORNIA. TO-- C,P.T TF'.}? WIT-14- THHE -m—ECEEgQhlRV DTr-l-"S (lF' T.7� CS n�ym. 6Gi�JS Ovii� CTT'i'.' ADJOINING LANDS AS MAY BE NE=SARY FOR ENJOYl lENT OF THE RI=S HEREBY GRANTED, PROVIDED 'THAT GRANTEE AGREES TO INDENNIIFY CITY FOR ALL DAMAGES CITY MAY SUFFER FRCM GRANTEES ENTRY W ANY OF CITY'S SAID ADJOINING LANDS. PC�.f� ' CA& �8so via,lf 010 1-9 , � g1�6 SANTA FE SPRINGS REFINERY P.O.sox 2487 December 12, 1980 Santa Fe Springs.CA 90670 BY MESSENGER The Honorable Mayor and Members of ` " the City Council of the City of Huntington Beach ; r, 2000 Main Street ' ; Huntington Beach, California 92648 t+ x> Dear Mayor and Members of the City Council: T, ,fi This is to acknowledge receipt of your letter of December 9, 1980, and to advise you that Gulf Oil Corporation remains willing to continue negotiations in good faith regarding the fee to be paid for a renewal of Gulf's existing 1600-foot subsurface pipeline right-of-way. To date, negotiations have been difficult because we have been unable to arrive at a common ground for determining the appropriate fee Gulf should pay. It has.been Gulf's position that the proper fee would be in an amount which would (1) reimburse the City for the cost of all services it provides relating to the 1600-foot pipeline segment and (2) compensate the City a fair and reasonable amount for the use of the subsurface right-of-way where the pipeline is located. We do not know exactly what that amount would be; you have not provided us with the information which would be necessary to make that determination. In the absence of that information, we believe the appropriate fee would be in the range of the offers we have previously made. You have taken the position that the City is entitled to charge any fee it can negotiate, without limitation. The most recent negotiating demand we have received would call for the payment of One Million Dollars per year for the continued use of the existing subsurface pipeline right-of-way, which amount would be escalated each year in the future to reflect increases in OPEC oil prices. If this same payment schedule is used for the entire 24-mile subsurface pipeline right-of-way from the seaberth offshore of the City of Huntington Beach to the Santa Fe Springs refinery, the annual fee would be in excess of 75 Million Dollars per year. Such a fee would be nothing short of confiscatory and would undoubtedly result in a shutdown of Gulf's Santa Fe Springs refinery. Despite the apparent conflict, we believe there is still room for negotiation, and that the best course for pursuing negotiations would be for the City to furnish Gulf with information concerning the cost experienced by the City in connection with Gulf's pipeline and the market value of this right-of-way as determined by appraisal. Once these amounts are ascertained, both Gulf and the City will be 9 A DIVISION OF GULF OIL CORPORATION e The Honorable Mayor and Members of the City Council December 12, 1980 Page Two in a better position to determine what the appropriate fee should be. We look forward to receiving the necessary information. If we do not hear from you, we will have to assume that your demand for the payment of One Million Dollars per year is final, and will take whatever steps are necessary to fully protect Gulf's rights and interest. Very truly yours, GULF OIL CORPORATION a E. E. Schoeberlein Refinery Manager EES/k 5ANTA FE SPRINGS REFINERY November 24, 1980 Santa P 0p B ogx 24A 90670 BY MESSENGER The Honorable Mayor and Members of the City Council of the City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Dear Mayor and Members of the City Council : This is to request that the City of Huntington Beach (hereinafter the "CITY") , acting through its legislative body, the City Council, renew and/or otherwise grant to Gulf Oil Corporation (hereinafter "GULF") the right to construct, lay, maintain, operate, repair, renew, change the size of and remove one or more pipelines, not to exceed 24 inches in diameter, for the transportation of oil, petroleum, gas, gasoline, water or other substances in, under, along and across real property located within the City of Huntington Beach. The CITY previously granted such rights to Wilshire Oil Company of California, the predecessor in interest of GULF, by agreement dated December 19, 1955, which agreement was amended on April 16, 1956 to change the location of the pipeline. Subsequent to the date of such agreement and amendment, the Public Utilities Code of the State of California was amended to specifically authorize the grant by a municipality, including a charter city, of a franchise for a nonpublic utility oil pipeline. GULF requests that the above described rights be granted to GULF by the CITY in the form of a franchise or any other appropriate procedure and/or legal instrument which is in full accord with all applicable law. As you know, GULF owns and operates an oil refinery located in the City of Santa Fe Springs, California. Crude oil is refined into a variety of petroleum products at this refinery, which products are marketed throughout southern California and parts of several other western states. Most of the crude oil supplied to GULF's refinery is produced in states other than California or in foreign countries. In 1956, a seaberth and related underwater pipeline was constructed offshore of the City of Huntington Beach pursuant to a grant of rights and pursuant to the necessary permits issued by the State of California and the federal government. The state and federal authorizations and permits approved the laying of an underwater and under- ground pipeline from the seaberth to a point at the mean high tide line on the beach. A tank farm was constructed a short distance away from that point on private property within the city limits of the City of Huntington Beach. The tank farm serves as an intermediate receiving station for oil offloaded from interstate and foreign vessels at the seaberth. This oil is then transported by pipeline from the tank farm through the City of Huntington Beach and a number of other cities and jurisdictions to the Santa Fe Springs refinery. The total length of the pipeline system through such cities and A DIVISION OF GULF OIL CORPORATION �r The Honorable Mayor and Members of the City Council November 24, 1980 Page 2 jurisdictions from the seaberth to the refinery is approximately twenty-four (24) miles. The seaberth, the tank farm and the pipeline connecting the two are all necessary links in transporting the refinery's supply of crude oil from the vessels to the refinery. There is no other feasible way for GULF to supply its refinery with interstate or foreign crude oil without the use of the seaberth and connecting facility. Obviously, without an adequate supply of crude oil, the refinery cannot be operated. A shutdown of the GULF refinery would have a significant adverse impact on the economy and welfare of the citizens of southern California. Approximately sixteen hundred (1600) feet of the underground pipeline running from the seaberth to the tank farm was and is constructed, installed, maintained, operated and used pursuant to the above referred to agreement with the City of Huntington Beach, and that agreement will soon terminate. The balance of the pipeline system was and is constructed, installed, maintained, operated and used pursuant to other pipeline franchises and/or similar grants of authority. The purpose of this request is to obtain a grant of the necessary rights from the CITY which will enable GULF to transport oil by subsurface pipeline from that point where the existing pipeline from the seaberth reaches the boundary of the City of Huntington Beach to the tank farm located a short distance away on private property. GULF would propose to use the existing sixteen hundred foot underground pipeline segment constructed, installed, maintained, operated and used for the last 25 years pursuant to the above referred to agreement with the CITY, subject to the condition that GULF would bear the cost of removing and relocating such subsurface pipeline facility if made necessary by any lawful and reasonable change of grade, alignment or width of any public street, way, alley or place, or as may be necessary and reasonable for any public project. GULF requests that the above described rights be granted for a period of 25 years, or for such other reasonable period as the CITY may deem appropriate. In connection with the grant of the above described rights, GULF will pay the CITY a fee which will (1) reimburse the CITY for the cost of any services provided by the CITY relating to the use, maintenance and operation of the pipeline and (2) compensate the CITY a fair and reasonable amount for the use of the subsurface right of way where the pipeline is located, subject, however, to any limitation on such fees as may be imposed by any applicable federal, state and local law. In the absence of any specific showing that such fee would be significantly different here, we believe that the appropriate fee would be at/or in the range of that set forth in Huntington Beach Municipal Code Section 3.44.270 and/or in California Public Utilities Code Section 6231, the provisions of which are hereby incorporated herein by this reference. This range would appear to be particularly appropriate in the case of continuing rights to use the existing subsurface pipeline since there would be no cost to the CITY in terms of construction or disruption of public property. The Honorable Mayor and Members of the City Council November 24, 1980 Page Three I am certain you can appreciate that this matter is of critical importance to GULF, and that it will be necessary to proceed as expeditiously as possible. In that connection, if you require anything further which would be relevant to a consideration of this application, please let us know at your earliest convenience so that we may promptly furnish you with the same. We do request that GULF be given due advance notice in regard to any actions taken by the CITY which are pertinent to this request and application, and that the CITY adopt findings or a similar form of written explanation of the action the CITY ultimately determines to take in regard to this request and application. Notice should be provided to the undersigned at the address indicated above. Your prompt attention to this matter will be deeply appreciated. Very truly yours, GULF OIL CORPORATION By E. E. Schoeberlein EES/k A CV 1 �] 0�} oO0 O �OPpOPC7��OG�] P. O. Box 54064,Terminal Annex Lo lifornia 90054 F NUNT11 February 15, 1967 \�O �Ok G �p City Attorney' s Office x City of Huntington Beach Orange County, California �> RE: Liability Insuran icate No. W-36 Dear Sirs: We are enclosing a copy of your Liability Insurance Certificate for the policy period March 1, 1967 through March 1, 1969. Very truly yours, GULF OIL CORPORATION W. R. Gschwind Director - Financial Data . BY: K. "J. MacArthur Su crvisor - Financial Records KJM: jr ENCL 1721A Effective from Amending Policy numbered. `-t ���'" u9� At 12:01 A.M. Standard Time Issued to Date of Issue Office Producer (The information provided for above is required to be stated only when this endorsement is issued for attachmentto the policy subsequent to its effective date.) It is agreed that as of the_effective date hereof the policy is amended in the following particulars: I c i3DD C LY B NJUR LIABILITY C,a 9 PRODUCTS) , G EACH PERSG��n $1®®aGOO EACH GCCURREMCEo -13009®CC AGGREGATE PROPERTY DAMAGE iL 2 A 3 i L 2 TY — $100 g GC® EAC14 GCCURRENIC E, �'20G9 GGG AGGREG&TE,, 20 EOD KY 2 MJURY L @ AB i L i TY AND PROPERTY DAMAGE L g AC @ U`i°Y 8 6 NGLE LIMIT � CO 4 000 EACH OCCURRENCE EXCESS O � i M B a S OF L i Aid 9 L O. TY ! N F CARD IN PARAGRAPH 1 . ABOVE,, BOD g LY s 2 HJURY LIABILITY AND PROPERTY DAMAGE�L �AR B L i T'�� S 2 N aILE 1��2 y DO G0G AGGREGATE 9 EICE�� €�� 2v 1 i i��� �� � 2 AD 2� i�Y t ND 2 CA o D IN PARAGRAPH 1 . ABOVE. Changes affecting insurance afforded by The Travelers Insurance Company are executed for that company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that company only. THE TRAVELERS INSURANCE COMPANY THE TRAVELERS INDEMNNIIITTY COMPANY 1721A Secretary L> Secretary Countersigned by For Company. DATE OF EXP. MODE OF ADJ. LOCATION OF RISK _ Use On ly C-444Y PRINTED IN U.S.A. 1263 1721A (2) ° Effective from Amending Policy numbered RNSL- 2687997 At 12:01 A.M. Standard Time Issued to Date of Issue Office Producer (The information provided for above is required to be stated only when this endorsement is issued for attachment to the policy subsequent to its effective date.) It is agreed that as of the effective date hereof the policy is amended in the following particulars: Agreement between City of Huntington Beach (hereinafter referred to as grantor) and Wilshire Oil Company of California, (hereinafter referred to as grantee), reading as follows: ttGrantee agrees to keep and .save, free and harmless, the city, its officers, agents and or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them or any of them, for damage to persons or property of whatsoever nature, arising out of or in connection with the use by grantee of the easement hereby granted, or out of any of the operations of grantee incident thereto." Said agreement pertains to that certain real property situated in the City of Huntington Beach, County of Orange, State of California, described as follows, to wit: A strip of land 10 feet in width, located in the east one-half of Fractional Section 14, Township 6 South, Range 11 West, S.B.B. & M., and being 5 feet on either side of the following described centerline: Beginning at a point on the easterly line of said Section 14, said point being 2351.73 feet southerly of the northeast corner of said Section 14; .thence westerly on a line which has a course of south 89 deg. 16t-west 50 feet to a point on the easterly property line of Hampshire Avenue, said point being the true point of beginning of this description; thence westerly on a line which has a. course of south 89 deg. 16' west 409.43 feet to a point, thence southwesterly on a line which has .a course of south !36 deg. 541 west to the line or ordinary high tide to the Pacific Ocean. A portion of said east-one-half of Fractional Section 14 is shown upon a map filed in Book 17, Page 25 of Record of Surveys in the Office of The County Recorder of Orange County, California. Together with the necessary rights of ingress and egress over cityts adjoining lands as may be necessary for enjoyment of the rights hereby granted, provided that grantee agrees to indemnify city for all damages city may suffer from grantee's entry on any of cityts said adjoining lands. Changes affecting insurance afforded by The Travelers Insurance Company are executed for that company only. Changes affecting insurance afforded by The Travelers Indemnity Company are executed for that company only. THE TRAVELERS INSURANNCCEE COMPANY THE TRAVELERS INDEMNITY COMPANY 1721A Secretary Secretary 0 Countersigned by For Company DATE OF EXP. MODE OF ADJ. LOCATION OF RISK Use On ly C-444Y PRINTED IN U.S.A. 1263 LAW ®IIPARTMIZHT Ramie,N.oovomo 1801 Avem=W tho Stmm GaaxRAL exuc=l P.O.Box ,Torrnh-<i Anivan Norbert C.Nonninp A0WMT9e RALPOU33WL Novrember ,% 1966 �������CmiEP�rslo t�l�! AT9omom,LOS ANkLHS C Norio E. Minh® REGIORAL ATTORNZY Richord W.Cunio Robert 04.Porriah Prod 17.Leymon Tho►noa q.Voll Goor®o 2.Jorvia q.Gionn CooQa®q ti Mr. Doyl6 Miller, City Administrator City of Huntington Beach Poot Office Box 190 Huntington Beach, Califor 'a ro a Dear Mr, Miller: G (gulf Oil Pipeline Agreement This will acknowledge receipt of your letter dated September 23, 1966, together with a copy of your proposed new agreement with Gulf. Upon review it appears that the proposed agreement contains substantl - tially the same terms and provisions as the present Agreement except p for two (2) major changes, to wit: the term would be for twenty-five ' (25) years from date, and the yearly payment would be $0, 015 per bar- rel throughput with a minimum of 'Twelve Thousand ($12, 000) Dollars. ' At our last meeting we were asked if Gulf would be amenable to nego- tiating a new agreement. We endeavored to make it clear that we could. {v_ not say that we would negotiate a new agreement but.that we would corn- ; siderc a proposak if the City desired to make one. I specifically recall ' that it was pointed out that because of our strong legal position regaod- '. ing the present Agreement Gulf would not consider any substantial in- crease in tto present paymontom pre We are still firmly of the opinion that the present Agreement has not been breached. Furthermore, we cannot ascertain how or in what man- nor the City could possibly be damaged as a result of the merger of Wilohire and Gulf which merely effected a substitution of partie8 to the Agreement. First of all the Agreement itoelf provides: 1, Xn Paragraph 2 that the Grantee shall bury its pipelimea .:. at least eighteen (18) inches below the surface of the ground, backfill all excavations and repair any damage to the paved public road described therein; Y[• � is V " Mr. Doyle Miller - 2 Novdember ;% 1966 o 2. In Paragraphs 7 and 8 that the Grantee agrees to hold harmless the City, its officers, agents, employees and members of the general ppublic from all liability arising out of or connected vvfitth the use of the easement, including the carrying of liability insurance in specified amounts. 3. In Paragraph 4 that Grantee agrees to indemnify and save the City harmmless a ainst any loss or damage to its property or facilities including pollution of City beaches) caused by Grantee's operations contemplated by the Agreement including the offshore unloading of cdl taahoro. Secondly,, there can be no queotion that Gulf Oil Corporation, with over .five (5) billion dollars in assets, was and is a much more substantial co*oration than Wilshire Oil Company of California. As explained to you on several occasions in the past if by change we have overlooked any point in our investigation and research of the pro- blem which could change the picture, we would be most happy to give it due consideration. In this connection we again request and would appved _' ciate your forwarding for our information a copy of the opWon you re- ceived on this subject from the law firm of O'Melveny and Meyers. We perceive that the payments suggested by your proposed new agree- moat are on the same basie no if docking, pipeline and other facilities together with related servrice@ including firs and police protection were provided. such as may be found at Long Beach and Los Angeles harbozo. However, our easement is not at all comparable to those situations in that no such facilities or oervicem are provided Gulf. Rather, it seems to us that the character of thse right@ contained in the Agreement are comparable to permits and lirenees customarily granted for the con- struction and maintenance of pipelines in and under public streets and roads. For the above reasons. we believe that the proposed increase frwn $aD 600 per year,to a $0. 015 per barrel throughput with a minimuam ad $12, 000 per year is unreasonable and unrealistic. 'We appreciate the opportunity of negotiating for an exteneion of our pre- � sent Agreement, but feel that those negotiations should not cotgemplate an unreasonable increase in yearly payments. s Very truly youro, FE1L:cb Fred E. La on to 6AV INGTpN O2�P4�RATFaeln,9� CO-Zi�����.4�/(/ i CITY OF ((i/ �=- - -------- --------- ------------- y FP OQ CALIFORNIA 1909, COUNTY CP OSSeptember 23, 1966 Mr. Fred Laymon Gulf Oil Corporation P.O. Box 54064, Terminal Annex Los Angeles, California 90054 Re: Gulf Oil Offshore Oil Pumping Facility, City of Huntington Beach Tie a r Mr . La ymon: On August 17 the above mentioned lease was discussed in my office. It was agreed by all present that the City of Huntington Beach should prepare a new proposed lease to be forwarded to Gulf Oil Corporation for study. The staff has prepared a proposed agreement in rough form for your consideration. After agreement on the new proposal at staff level, the new instrument can be submitted to the City Council for their approval. Will you please study the enclosed agreement and call us to arrange a time at your convenience for further consultation. Sincerely, Kyle Miller City Administrator DM:bwo Enc. M? I'ES OF THE BOARD OF SUIOVISORS dF ORANGE COUNTY, CALIFORNIA August 27, 1963 A-regular meeting of the Board of Supervisors -of. Orange Coufiiy, .California, also sitting as the Governing Board of the Districts governed by the Board of Supervisors, was held August 27 ,1963, at 9:30 A.M. The following named members being present: C.M. Featherly, Chairman; David L. . Baker, Wm. Hirstein, Alton E. Allen and .the Clerk. Absent : William J. Phillips. IN RE: REPORT WILSHIRE OIL COMPANY FRANCHISE AREAS WITHIN CITY OF HUNTINGTON BEACH ORDINANCE NOS, 86 AND 813 COUNTY AUDITOR-CONTROLLER, On motion of Supervisor Baker, duly seconded and unanimously carried by Board members present, the. report from _the . �: County Auditor-Controller., dated August 16; 1963, regarding the Wilshire Oil Company franchise areas-..within- the .City of .Huntington Beach, covered by Orange County Ordinance Nos. 486 and 813, .is received and ordered filed and the Clerk is instructed to forward copies. of said .report .to the" City of Huntington Beach and the Wilshire Oil Company. 2 . - �=.vim=.�� .:eW"t•V �e:L�-,+•1.7::/� } STATE OF CALIFORNIA, County.of Orange 1, L. B. WALLACE, County Clerk and ex-of ficio Clerk of the Board of Supervisors of Orange. County, California, hereby certify the foregoing to'be a full, true and correct copy of the minute entry on record in this office.. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of August, 1963. L. B..WALLACE County Clerk and ex=officio Clerk of the Board of f Supervisors of Orange County, California MAIM ADDRESS. V. A. HEIM P. o. Box 567 AUDITOR-CONTROLLER SANTA ANA. CALIFORNIA r 92701 _ ,,.� H. C. WALLACE ZoMM12), 0-2 ,ray� /,q{•���� � ASST.AU DI7O R'CO N7RDLL6R ' d47—OS47 OFFICE OF AUDITOR- CONTROLLER - SANTA ANA, CALIFORNIA ' August 16, . 1963 .r Cow Honorable Board of Supervisors Lht�'C/ County of Orange p LkI, Santa Ana; California Deb�tY Subject: Franchise Ordinances 486 & 813 Re: Wilshire Oil ,Co. Gentlemen: The attached letters and Ordinance 669, of the City of Huntington Beach are forwarded for your information. We have overlaid the description of the area covered by County Ordinances No. 486 and No. 813 on the annexation .. map attached. You can readily see that the annexation " includes the complete area described in the county ordin- ances referenced above. " We respectfully advise that since all benefits inure to the city upon annexation, ,we will close our records on the subject ordinances. Yours ve truly, AUDITOR-CONTROLLER . VAH:MTM We cc Supv. Alton E. Allen -e"'F sr 00 00 FM WILSHIRE OIL COMPANY OF CALIFORNIA February 23, 1962 City of Huntington Beach City Hall Huntington Beach, California Gentlemen: We are enclosing our check in the amount of $553.51 in payment of the amount due for the calendar year 1961 under the following Orange County Ordinances: No. 315 $395.11 No. 486 158.40 No. 494 -0- $553.51 We are also enclosing signed affidavits as required. Very truly yours, WILSHIRE. 10IL COMPANY OF CALIFORNIA H. C. Daudistel Manager) Taxes and Insurance HCD:ea Encls. FEB ' z S RECEIPT 727 W. Seventh Street,Los Angeles 17,California^ Telephone MAdison 9-5092 A F F I1DAV I T I Statement of amount due on Franchise covered by Ordinance No. 494,; braing two percent of the gross receipts of WILSHIRE OIL C014PANYY *"OF CALIFORNIA; a corporation, to whom said Franchise was assigned, arising from the use, operation, or possession of said Franchise for the period January 1, 1961 to December 31, 1961, inclusive. TOTAL BARRELS RECEIVED FROM LINE -0- VALUE AT RATE OF 24 PER BARREL -0- TWO PERCENT OF VALUE 4- AMOUNT DUE CITY OF HUNTINGTON BEACH (Annexed 10f7/57) -0- AMOUNT DUE ORANGE COUNTY -0- 0. A. Dunnahoo, being duly sworn, deposes and says: That he is the 'Treasurer of WILSHIRE OIL COMPANY OF CALIFORNIA; a corporation, which is the owner and holder of the Franchise covered by Ordinance No. { 494 of the County of Orange, California; that as .such officer he makes this verification on behalf of the said corporation; that he has read the foregoing statement, and knows the contents thereof, and that same is true, correct, full and complete to the best of his knowledge and belief. r4alz� 0. A. DUNNAHOO Subscribed and sworn to before me this 7 day of February 1962. ROBERT B MATER NOTARY PUBIC My Corrimission Expires November 9, 1965 , A F F I D A V I T Statement of amount due on Franchise covered by Ordinance No. 486 being two percent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, to whom said Franchise was assigned, arising from the use, operation, or possession of said Franchise for the period January 1, 1961 to December 31, 1961, inclusive. TOTAL BARRELS RECEIVED FROM LIME -0- VALUE AT RATE OF 2C PER .BARREL -0- RENTAL RECEIVED FROM JANUARY 1, to DECEMBER 31, 1961 7,920.00 TOTAL GROSS RECEIPTS $7,920.00 TWO PERCENT OF GROSS RECEIPTS 158.40 AMOUNT DUE CITY OF HUNTINGTON BEACH (Annexed 10/7/57) 158.40 AMOUNT DUE ORANGE COUNTY -0- 0. A. Dunnahoo, being duly sworn, deposes and says: That he is the Treasurer of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, which is the owner and holder of the Franchise covered by Ordinance No. 486 of the County of Orange, California; that as such officer he wakes this verification on behalf of the said corporation; that he has read the foregoing statement, and knows the contents thereof, and that same is true, correct, full and complete to the best of bis knowledge and belief. { 0. A. DUNNAHOO Subscribed and sworn to before me this I9 T* �1 day of Febpjslry 1962. ROBERT B MATER - NOTARY UBLIG My Ccmmi��Slcn Expros November 9, 1965' AFFI AA_VI 'I Statement of amount due on Franchise covered by Ordinance No, 315, being two per cent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, to whom said Franchise was assigned, arising from the use,, operation or possession of said Franchises for the period January 1, 1961 to December 31, 1941,, inclusive, (Schedules 1, lA, 2, 3 and 4 are attached hereto and made a part of this affidavit.) 0. A. Du.nnahoo, being duly sworn, deposes and says; That he is the Treasurer of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, which is the owner and holder of the Franchise No. 313 of the County of Orange,, California; that as such officer he makes this verification on behalf of the said Corporation; that he has read the foregoing statement and attached schedules, and knows the contents thereof',, and that same are true, correct, full and complete to the best of { his knowledge and belief. rV&WVx' 0. A. DUNNAHOO i Subscribed and sworn to before me this )r day of February 1962. ROBERT MATER • NOTARY PUBLIC My Corrimissmri Expirss Novem; er 9, 1935 I WILSHIIS OU CONFAMY OF CALITORNI,A 8 a t Ott of Frana.hi se Tax Due de tar nan a eta, AI-5 0i1 e - Santa Fe i f tQ ntin tarn ermioa 'Fear En ing Dggg aber 31, L961 (8CEEDULE 1) 22tal of r ort do nfoMt ., 1. Total Length of Una 96,411° 2. Length of line under Ordinance No. 315 65*531° (71.13%) Orange County 15,5441 22.67% Anaheim 512350 7.63% Buena Park 15,4511 22.53% Huntington Beach 17,878' 26.07% Westminster JA,4731 21.10% 68,581' 100.00% 3. Barrels of Product Transported for Year Ending 12/31/61 1,494,323 4. Bate Per Harrel $ .04 5. Total Cross Receipts 59,772.92 6. Total Amount Due Hader Franchise $59,772.92 z 68 x 2% w 850.33 96,411 Due Orange County 22.67% of $850.33 $192.77 Anaheim 7.63% of 850.33 64.88 Buenas Park 22.53% of 850.33 191.58 Huntington Beach 26.07% of 850.33 221.68 Westminster 21.10% of 850.33 179.42 i 85 Copies to: Orange County Anaheim Buena Park Huntington Beach Westminster File 1 i WILSHIRE OIL C014PANY QB CALIFORNIA S$atgeent of Br nch a Under Ordinance No. 315 .. 6" Oil Line Crystal & Garfield (Socal) to Golden. hest and Garfield MLeMo to Santa To jerinag Lem An Abs ftgaker 31 19§1 (SCSsOULB IA) detail of Tr rn►s o tation Into smat on: 1. Total Length of Line 77$751s 2. Length of Line under Ordinance No. 315 68O S81' (88.21'%) Orange County 15,544' 22.67% Anaheim 5..235' 7.63% Buena Park 1504511 22.53% Huntington Beach 1709781 26.07% Westminster 14,,,473' 21.10% 68s 581° 100.00% 3. Barrels of Product Transported for Year Eroding 12/31/61 661,114 4. Bate Per Barrel $ .04 S. Total goes Receipts 2p644.66 6. Total Amunt Due Under Franchise $20 644.66 z 1 a 2'% 46.66 77y 7$1 ite Grange County 22.67% of W." $10.58 Anaheim 7.63'% of 44.66' 3.57 Buena Park 22.53% of 46.66 lo.5il Huntington Beach 26.07'% of 46.66 12.].6 Westminster 21.10% of 46.66 9.84 $46_ .66 jCopies to: Orange County Anaheim Buena Park Huntington Beach Westminster Bile w WILSHIRE OIL COMPANY OF'CALITORNIA Statement of Franchise Tax Due Under Ordinance No. 315 - 12" Oil Lin - Huntington Beach Terminal to Santa Fs §Erinas Year Ending December 31. 1961 (SCHEDULE 2) Petsil of 11ansportation Infoogtion,. 1. Total Length of Line 110,08384' 2. Length of Line under 0rd. No. 315 372234' (33.59%) 0range County 14,8841 39.97% , Anaheim 5,2351 14.06% Huntington Beach 226421 7.10% , Westminster 14,493" 38__^87% 37,234 100.00% 3. Barrels of Oil Transported during Year Ending 12/31/60 50185,290 4. Rate Per Barrel $ .04 5. Total Gross Receipts 2070411.60 6. Total Ascent Due Under Franchise 207,411.60 x 37.234 x 2% 393.39 110,838 Due_ Orange County 39.97% of $1,393.39 $ 556.94 Anaheim 14.06% of $10393.39 195.91 Huntington Beach 7.10% of $1,393.39 98.93 Westminster 38.87% of $1,393.3.9 541. 1 $14 3. 9 Copies to: Orange County Anaheim Huntington Beach - Westminster File WILSHIRE OIL COMANY OF CALIFORNIA Statement of Franchise Tax Due Under Ordinance No. 315 - 6" Line to Garfield From Old Huntington Beach Tank Yam and 12" Line from Garfield to Santa Fejgrings Year YEndinx December 31. 1961 (SCHEDULE 3) Detail of TranaFortation InfoMtiona 1. 'Total Length of Lines 9806851 2. Length of Liners Under Ordinance No. 315 37t234' (37.73%) Orange County 14,884' 39.97% Anaheim 50235' 14.06% Huntington Beach 2,642' 7.10% Westminster 14.473' 38.87% 370234' 100.00% 3. Barrels of Oil Transported for Year Ending 12/31/61 47,271 4. Rate Per Barrel $ .04 5. Total Grass Receipts 1,890.84 6. Total Amount Due Mader Franchise 1,890.84 x 37,234 x 2% = $,,,,,4.26 98,68S Orange County 39.97% of $14.26 $ 5.70 Anaheim 14.06% of $14.26 2.00 Huntington Beach 7.10% of $14.26 1.01 Westminster 38.87% of $14.26 5.55 $144.26 Copies to: Orange County Anaheim Huntington Beach Westminster File WILSRTRE OIL COMPANY OF CALIFORNIA Statement Franchise Tax Due Un4,er Ordinance No. 315 - 6" Line to Garfield From 23yrd and Palm (Signal) Huntington bo eh arxd l " Line from Garfield to Santa Fe SpriM Year Wins December 31 1961 (SCHEDULE 4) Net,ail of `fraulgoEtation Information 1. Total Length Lines 95#118, 2. Length of Lines under Ordinance No. 315 37,234' (39.15%) Orange County 14,884' 39.97% Anaheim 50235' 14.06% Huntington Reach 2,642' 7.10% Westminster 14,473' 38..E 37,234' 100.00% 3. Barrels of Oil Transported for Year Ending 12/31161 2y758,338 4. bate Per Barrel $ .04 5. Total Gross Receipts 11O,333.52 6. Total mount Due Under Franchise 110,333.52 x 37,234 x 2% 95,118 Due: Orange County 39.97% of $863.91 $ 345.30 Anaheim 14.06% of $863.91 121.48 Huntington Beach 7.10% of $863.91 61.33 Westminster 38.87% of $863.91 335.90 $ 863 Copies to: Orange County Anaheim Huntington Beach Westminster File DUE DATE THE VOUCHER CJHECK IS IN FULL PAYMENT OF ITEMS LISTED BELOW PLEASE DETACH THIS MEMORANDUM ,MONTH -DAY OF SETTLEM: E DEPOSITING CHECK RECEIPT IS NOT�--S-n RY OR DESIRED IF SETTLEMENT IS IN- CORRECT IN -ULAR DO NOT DETACH OR DEPOSIT BU JTACT` � n W►—,h.A—JIL COMPANY OF CALIFORNIA 1021132 LOS ANGELES 17. CALIFORNIA DATE PURCHASE RETURN TOTAL INVOICE NUMBERS AND REMARKS 2-26-6 553.51 $553051** Pipeline Franchise tax Ordinance 315,486,494e PLEASE DETACH BEFORE DEPOSITINGM�__ f I i DUE DATE THE VOUCHER CHECK IS IN FULL PAYMENT OF ITEMS LISTED ABOVE PLa ,� CH THIS MEMORANDUM - MONTH DAY OF SETTLEMENT BEFORE DEPOSITING CHECK RECEIPT IS NOyb'STC' "UESI'RE �y TLEMENT IS IN r� CORRECT IN AN J�-?ARTIGULAR DO NOT DETACHOR DEPO ,BU`�� \URN INTACT ( WILSI��a OIL COMPANY OF CALI ORNIA LOS ANGELES 17 GALIFORNI DATE PURCHASE RETURN TOTAL I INVOIC v ARKB 2-23-61 529.26 529.26** Pipeline Franchise Tax (ordinance 315,486 & 494) a/c 1813 64 -J:r- C 191 - PLEASE DETACH BEFORE DEP09ITING —_———_—— nnn WILSHIRE OIL COMPANY OF CALIFORNIA February 23, 1961 City of Huntington Beach City Hall Huntington Beach, California Gentlemen: We are enclosing our check in the amount of $529 .26 in payment of the amount due for the calendar year 1960 under the following Orange County Ordinances: No. 315 $370.86 No. 486 158.40 No. 494 -0- $529.26 We are also enclosing signed affidavits as required. Very truly yours, Wilshire Oil Company of California H. C. Daudistel Manager, Taxes and Insurance HCD:mb encls: 727 W. Seventh Street,Los Angeles 17, California • Telephone MAdison 9-5092 a A F F I D A V I T Statement of amount due on Franchise covered by Ordinance No. 486, being two percent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, to whom said Franchise was assigned, arising from the use, operation, or possession of said Franchise for the period January 1, 1960 to December 31, 1960, inclusive. TOTAL BARRELS RECEIVED FROM LINE -0- VALUE AT RATE OF 2G PER BARREL -0- RENTAL RECEIVED FROM JANUARY 1, to DECEMBER 31, 1960 7,920.00 TOTAL GROSS RECEIPTS $7,920.00 TWO PERCENT OF GROSS RECEIPTS 158.40 AMOUNT DUE CITY OF HUNTINGTON BEACH (Annexed 10/7/57) 158.40 AMOUNT DUE ORANGE COUNTY -0. 0. A. Dunnahoo, being duly sworn, deposes and saps: That he is the Treasurer of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, which is the owner and hoider�of the franchise covered by Ordinance No. 486 of the County of Orange, California; that as such officer be makes this verification on behalf of the said corporation; that he has read the ,4foregoing statement, and knows the contents thereof, and that aawe is true, correct, full and complete to the best of his knowledge and belief. rkk4fl� 0. A. DUNNAHOO Subscribed and sworn, to before me this day of FebruaEX 1961. n and 40i t`a Li-1ty,f 'c- ,n �t3t-' of CaVornlo My C o ,1jre 11, 19%>k A F F I D A V I T Statement of amount due on Franchise covered by Ordinance No. 494, being two percent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, to whom said Franchise was assigned, arising from the use, operation, or possession of said franchise for the period January 1, 1960 to' December 31, 1960, inclusive. TOTAL BARRELS RECEIVED FROM LINE a0> VALUE AT MATE OF 2e, PER BARREL _O_ TWO PERCENT OF VALUE _Om AMOUNT DUE CITY OF HUNTINGTON BEACH (Annexed 10/7/57) •0- AMOUNT DUE ORANGE COUNTY ®0- 0. A. Dunnahoo, being duly sworn, deposes and says: That he is the Treasurer of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, which is the owner and holder of the Franchise covered by Ordinance No. 494 of the County of Orange, California; that as such officer he makes this verifi- cation on behalf of the said corporation, that he has read the foregoing i statement, and knows the contents thereof, and that same is true, correct, full and complete to the best of his knowledge and belief. 0, A. DUNNAHOO Subscribed and sworn to before me this i day of February 1961. °. I AAcC-R1:W, No,,ary puOt lic In and to,, the Ceuo[y of las Ar Ncs :t a of nhforcxa MY Corimrssron Expres June 11, 1964 � F A T-- - Statement of amount dui: on Franchise covered by Ordinance No. 315, being two per cent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA, a corporation, to whom said Franchise was assigned„ &rising from the use, operation or possessiou of said Franchise for the. period January 1, 1960 to December 31, 1960, inclusive. (Schedules 1, 2 and 3 are attached hereto and made a part of this affidavit.) Q. A. Dunnahoo, being duly sworn, deposes and says: That he is the Treasurer of WILSHIRE &III, COMPANY OF CALIFORNIA, a corporation, which is the owner and holder of the Franchise No. 315 of the County of Orange, California; that as such officer he makes this verification on behalf of the said Corporation; that he has read the foregoing statement and attached schedules, and knows the contents thermos, and that same are true, correct, Ball and complete to the best of his knowledge and belief. a 0. A. DUNHABOO Subscribed and sworn to before me this day of February 1961. V. L. Nomry pur 10 and for the Carniq of Les n r s a cf r a rfornra My Co"'MIS510,1 Gxpmes Juno 1 11, 1964 t WILSHIM OIL COMPANY OF CALIFORNIA gtatmw of ftMb-keTA pm-Rader ar-d1aaaa+ce to ts, n Beach xqminal IndkLVecemb1960 (Si 1) Zion . To1 gth of Line 110,677° 2. 1`cc tta of Live under Ordinance No. 315 68,s61' (61.96%) Orange County 1% ' 22.67% Amheim $4235' 7.63 Duane Park 15,451' 22.53% � HuntiuSton, Beach 17,8780 26.07% Westminster 14 4731 21 68,581' 1Ff'-00 . Barrels of Product Tvansporte4 for Year Ending 12-31-60 10434,453 4. Rate Per rel $.04 . Total Gross ge 1g�ts 5,�7, 78; 2, 6. Total Amount Due Under Franchise $57.376.12 x: 68 2 ?11 ,�3 110,677 oranza County 22.67% of $711.03 $161.19 Anabsim 7.63% of $71.1.03 $4.25 Buono -Perk 22.53% of $711.03 160,20, Huntington Beach 26.07% of $71.1.03 185.97 Westminster' 21.10% of $711.03 150., $711,03 Copies to.. Orange County Anaheim Buena Perk Huntington Beacb � Westminster File WILSHIRE OIL COMPANY OF CALIFORVI Statement of Fra, nch se Tax Aue Under Ordinance No. 315 m 12" Oil Line ,® Huntington Beach Terminal go Santa Fe.S rin s Year Bndin Dec ember 31 1960 (SCHEDULE 2) Detail of Trans ortation, Information: 1. Total Length of Lime 110*838' 2. Lath of Line under Ord. No. 315 37,234' (33.59%) Orange County 14,8844 39.97% A14h aim 5,2351 14.06% Huntington Beach 2,642' 7.10% Westminster 14,493' 38.87% 37,234 100.00% 3. Barrels of Oil Transported during Year Ending 12-31-60 6,098,400 4. Hate Per Barrel $.04 5. Total Cross Receipts $243,936.00 6> Total Amount Due Under Franchise 243,936.00 a 37j234 x 2% 2 L638.76 110,838 D Orange County 39.97% of $1,638.76 $655.01 Anaheim 14.06% o $1,638.76 230.41 Huntington Beach 7 .10% of $1,638.76 116.35 Westminster 38.87% of $1,638.76 636.99 �. 638 e 6 Copies to. Orange County Knabe im Huntington Beach � w4stminste` File I WILSHIREOIL �W A'�Vi Cif CAUFOIMA , � Stat'emahs:1 an'chile Tax Due Under Ordinance No. 315 - 6" Live to Garfield From told Huntington Beach Tank Farm and 12" Line from Garfield to Santa Fe Sgriagg Year Ending December 31 1060 (SCHEDULE 3) DeLAil cif `lraus grtation Information., 1. Total Length of Linea 98,685 2. Length of Lines Cinder Ordinance No. 315 3702341 (37.73%) Orange County 14,8840 39.97% Anaheim 5,233' 14.06% Huntington Beach 2,6421 7.10% Westminster 14� 3 .87% 37,234' 100.00% 3. Barrels' of Oil Transported for Year Ending 12-31-60 3,226 s I05 4. Rate Per Barrel $.04 5. Total Gross Receipts 1294044.20 6. Fatal Amount Due Under Franchise IL73.77 129,044.20 x 371.234 x 2% ...,�.. ...�. 98,685 Due: Orange county 39.97% of $973.77 $ 389.22 Anaheim 14.06% of $973.77 136.91 Huntington Peach 7.10% of $973.77 69.14 webtminster 38.87% of ;973.77 318.50 $ 9.7 7 Copies to: Orange County An he inn Huntington Beach Westminster File I I I A @ rE s w I ms@ h P .y r It OIL COMPANY OF CALIFORNIA ' February 16, 1960 2,11 �JC `' C1ZY CLERK City of Huntington Beach City Hall Huntington Beach, California Gentlemen: We are enclosing our check in the amount of $536. 79 in payment of the amount due for the calendar year 1959 under the follow- ing Orange County Ordinances: No. 315 $350.00 No. 486 186. 79 No. 494 -0- $536.79 We are also enclosing signed affidavits as required. Very truly yours, WILSHIRE OIL COMPANY OF CALIFORNIA H. C. Daudistel Manager, Taxes & Insurance HCD:zw encls: 727 W. Seventh Street, Los Angeles 17, California • Telephone MAdison 9-5092 A F V I D A V I T Statment of amount due on Franchi3e covered by Ordinance wo. 315, being two per cent of the gross receipts of WILSHIRE OIL CMPAM.Y OF CALIVORNIA-, 4 corporation, to whom said Franchise was assigned,, arising from the use., operation or possession of said Franchise for the period January 1,, 19109 to December 31, 1959, inclusive. (Schedules 1. 2 and 3 attached hereto are made a part of this affidavit.) 0. A. Dunnahoo, being duly siowrn,, deposes and says; That he is the Vice-Pres2.dent and Treasurer of WILMIRE OIL COMPAW1 OF CALIFORK.% a corporation, which Je the owner and holder of the Franchise No. 315 of the County of Orange, California; that as such officer he makes this verification on behalf of the said Corporation; that he bee read the fore- going statement and attached schedules, and hnowa the contents thereof, and that same are true, correct, full and complete to the beat of his krwwledae and belief. 0. A. DUNMOO subscrtbed and worn to before we this 16th day of February 1960. McSP,11,11, N-xary P,..,!-Nc In and for the Counly of Los, Slate 0, Cah.urnia My Corarn,szion Expires June 10, 1950 MSHIRE OIL CWANY OF CALIF MIA Statement of grehire Tan Due Under Ordinance ,,b. 315 Line .- Sonta- Fe .Q-2riago, to Run h Terminal_ Detail of Ire p2rtation Informotion;, 1. Ibtal LevGth of Line 110,v6771 2. Length of ,.one under Ordinance No. 315 6003810 (61.9654) Orange County 15pS44# 22.67% Anaheim 5.92356 7.63% Buena Park 15,,451' 22-53% Hunti,43tan Beach 179878' 26.07% 11"ostminater 14 k 34 21.10% 68"581 v TOO 007. 3. Barrels of Product Transported for year EwAng 12/31/59 1,,578,,291 4. Uto Per Barrel $.04 S. Total Gross Receipts $63,131.64 6. Total ant Due Wider Prancbise $63.,131.64 x 68 581 x 2% 782.33% Due Orange County 22.67% of $782.33 �177.36 'mahew 7.63% of $782.33 59.69 Ruena Parts. 22.53% of $732.33 176.26 Huntington Beach 26.01% of 0782.33 203.951 ' VOatainater 21.10% of $782.33 165.07 0782.33 copies to OrarAze county Anaheim Buena Park rontinSton Beach Westminster File WILSHIREOIL CMIPAVY OF CALIVOL IA statement of ycanc Ise 'T'axs Yua Under ftAinance No,, 315 121" Oil klna - Huntington Beach Terminal to nga Ye€r EEn, tsmrarc 31� 1959 (SCHSD 2) Detail of Trans tat ion l afo at on: 1. Total Lonrth of Line 110P 838° 2. Length of Line under Ordiname Po. 315 370234$ (33.59%) orange county 1408841 39.97% Anaheim 5,2351 14.06' Huntington 'Beach 20642# 7.10% Wastmtnvtar 1�a38.87% 37,234 1 00%. % 3. Barrels of Oil Transported during year Ending 12/31/59 7,226,B5a 4. Rate Per Barre11 $.ova 5. Total Gross Receipts $289p074.20 6. TOUI duet Care under Franc Lae $289a076.24 it 37 234 a 2% 1 9 2.00 11t1,838 Due Maras county 39.97% of $1.4942.00 $776.22 Anaheim 14.06% of $10942.00 273,05 11untington, Reach 7..10% of $1,942.00 137.88 lr' Westminster 38.87% of $lp942.00 754.85 1� 200 Copies to: Ora nga Couoty Anaher= txwAtinston Boach tiestmlnster File I'I WILSHIRE OIL C"ANY OF CALIFORNIA Statement of Franchise Tax Due,ttnder or4inwee No. 315 - 61 Line to ,Garfield From old Huntington Beach Tank d 12" Line ft,*m argield, to Santa P2 2p grin M Year,.Bnft 1959 (SCUMULE 3) Tran's T ran ortation in 1, Total Length of Lines 98P6831 2. latkgth of Lines Under ordinance Xb. 315 370234# (37.73%) Orange County 14t$840 35.97% Anaheim 59233# 14.06% Huntington Beach 206424 7.10% Westminster 140473! 38-87% 5-7;-2341 1 .00% 3. Barrels o,,r,, Oil Tranaported for 'Year Win& 12/31/39 38l'togo 4. Rate Per Barrel ', $.04 5. Total Gross Receipts $15,v243.60 6. Total Amount Lue under nanchise $150243.60 g 2% c ilk go 85 Orange county 39.97% of $115.03 $ 45.98 Anaheim 14.06% of $115.03 16.17 Huntington Beach 7.10% of $115.03 8.17v' Wastminater 38.87% of $115.03 44.71 115. 3 copkess tot oran p County Anaheim Huntington Beach Westminster File A2' F1DAVIT "statomerst of amount dace on Franchise covered by Grdlaaace No. 486, being two percent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFGRMA, a e*r9oration,, whom said Franchise was assigned, arising from the use, operation, or possession of said Fr chile for the period January 1,, 1959 to December 3I, 1939, inclusive. TOTAL BARRELS RECEYVED FROM LINE 702 963 VALUE AT RATE 4F 20 PER BAR'RFL $1,4*1.9.26 REINTAL RECEIVED FRS! J'A1 ARMY l TO DECM4BER 310 1959 71,920.00 TOTAL GROSS RECEIPTS $99339.26 T140 PERCENT OF GROSS RECEIPTS 186.79 AMOUNT DUE CITY 0? 111IN `INGM REACH (Annexed 10/7/57) $1E6.79 AMOUNT DUE ORANGE COUNTY -0- 0. A. Dunnahoo, being duly aria, depose@ and eaye: That he is the Vice- Prt3ident and Treasurer of WILSHIRE OIL COMPANY OF CALIPORNI-% e corporation, which is the Baer and holder of the Franchise covered by Ordinance No. 486 of this County, of Oranges California; that as mach officer he makes this verification on behalf of the said corporation; that he has read the foregoing statement,, and s the contents thereof, and that Game is true, correct., full and complete to the beet of hie knowledge and belief. 0. Ad DbTMAH00 Subscribed and sworn to before ue this bath deli of February , 1960 xotarF P°ub Sc MY Commission Expue;Ju„ I0, I q60 AFFIDAVIT Statement of mount due an Franchise covered by Ordinance No. 4940 being two percent of the gross receipts of WILSHIRE OIL COMPANY OF CALIFORNIA0 a corporation, to whom said Franchise was aesigned., arising from the use, operationo or possession of asid Franchise for the period January 1,, 1959 to December 31,, 1959, incluaive. TOTAL BARRELS RECEIVED FRM-4 LI149 -00 VALUE AT RATE OP 2c PER BARREL TWO PERCENT OF VALUE -0- AMOUNT DUE CITY OF HUNTINGTON BEACH (Annexed 10/7/57) -0- A14OUNT DUE ORANGE COUNTY _O� 0. A. Dunnahoo,, being duly suorn, 'deposea and says: That he is the Vice-President and Treasurer of WILSHIRE OIL CM4PANY OF CALIFORNIA., a corporation, which is the owner and holder of the Franchise covered by Ordinance No. 494 of the County of Orange., California; that as such officer ho makes this verification on behalf of the said corporation-, that he has read the foregoing statement., and knows the contents thereof, and that acme is true,. correct,, full and complete to the beat of his knowledge and belief. 0. A.ADUNNM200��_ Subscribed and swru to before me this 16th - day of Febn!&EZ 1960. Notary public MY Commission Exproz Juno 10, 1960 DUE DATE THE VOUCHER CHECK IS IN FULL PAYMENT OF ITEMS LISTED A--VE PLEASE DETACH THIS MEMORANDUM MONTH DAY OF 5ETTLEMENT BEFORE DEP051TING CHECK RECEIPT IS NOT ESSARY OR DESIRED IF SETTLEMENT IS IN CORRECT IN( PARTICULAR DO NOT DETACH OR DEPOSIT Bl, ETURN INTACT WILSuIRE OIL COMPANY OF CALIFORNIA LOS ANGELES 17 CALIFORNIA DATE PURCHASE RETURN TOTAL INVOICE NUMBERS AND REMARKS Pipeline Franchise Tax (Ordinance 315, �186 F0319'60 536 79 536 7 & 494) PLEASE DETACH BEFORE DE"OSITING ---_._--_-------------------------------------- II II �1 i LU I5 i r WILSHIRE OIL COMPANY OF CALIFORNIA ' February 27, 1959 City of Huntington Beach City Hall Huntington Beach, California Gentlemen: We are enclosing our check in the amount of $196.02 in payment of the amount due for the calendar year 1958 under the follow- ing Orange County Ordinances: No.486 $186.84 N0.494 9. 18 $196.02 We are also enclosing signed affidavits as required. Very truly yours, WILSHIRE OIL COMPANY OF CALIFORNIA H. C. Daudistel Manager, Taxes & Insurance HCD:zw encls: t � 727 W. Seventh Street, Los Angeles 17, California Telephone MAdison 9-5092 IV F I�DA V IT Statement of amount due on Franchise covered by Ordinance No being two percent of the gross receipts of WILSHIRE OIL CM4PANY OF CALIFORNIA,, a corporation,# to whom said Franchiso was asoianed., &rising from the use,, operation, or possession of said r-renchise for the period januory 1. 1958 to December 31.. 1950, inclusive. TOTAL BARRELS RECEIVED FRM4 LINE 71,104 VALUE AT RATE OF Zo PER BARREL $1,9422.08 RENTAL RECEIVED FROM JANUARY I TO DECDMER 31, 1938 _74920.00 TOTAL GROSS RECEIPTS $9,0342.08 TWTO PERCEiT OF GROSS RECEIPTS 186.84 V4_'0= DUE CITY OF HUNTINGTON BEACH(Armexed 10/7/57) $186.84 AMOUNT DUE ORANGE COUTM _0" 0. A. Dunnshoo, being duly worn., deposes and oays: That he is the Vice-President and Treaourer of WILSHIRE OIL COMPANY OF CALIFORNIA,. a corporatio% which is the o-,mer and holder of the Franchise covered by ordinance No. 486 of the County of orange, California; that as such officer he sakes this verification on behalf of the said corporation; that he has read the foregoing statementj, and knows the contents thereof, and that same is true, correct, full and complete to the beat of his knowledge and belief. 0. A. DUNNAHOO Subscribed and miorn to before we this 27th day of Februa!Xs 1959 l�artary Public My C.1ommi.-sion Expires May 6, B9_41 A F F I D A V I T Statement of amount due on Franchise covered by ordinance No. 4940 being two percent of the gross receipts of WILSHIRE OIL CONPANY OF CALtFORNIA9 a corporation,, to whom said Franchise teas assignedo arizing from the use, operation, or possession of said Franchise for the period January 1. 1958 to December 310 1958, inclusive. TOTAL BARRELS RECEIVED FROM LINE 22..962 VALUE AT RATE OF Zic PER BARREL $459.24 TWO PERCENT OF VALUE $ 9.;W AMOUNT DUE CITY OF HUNTINGTON BEACH (A\ritiegdj 017/57) $ 9.18 AMOUNT DUE ORANGE COUNTY -0- 0. A. Duandhoo, being duly svmrn,, depoceo and says: That he to the Vice-President and Treasurer of WILSHIRE OIL CM4PANY OF CALIFORNI.% a corporation,, which to the over and holder of the Franchise covered by ordinance No. 494 of the County of Orange,, California; that as such officer he makes this verification on behalf of the said corporation; that he has read the foregoing statement, and knous the contents thereof., and that same ie true, correct, full and complete to the best of his knowledge and belief. 0. 4. DUNNAH00 Subscribed and evorn to before me this 27th day of Februa_q 1959 My QQn.,.,)izsion Expires May 6, 1"h DEBITS `CREDITS ACCOUNT NO. DETAIL INVOICE AMT DATE ACCOUNT NO DETAIL MEMO AMT }DATE 171020 a 196.02 2/27 t Pay 196.02 Pipeline Franchi e Tax (ordirance #486 ani 494) AUDITORS I THE ABOVE VOUCHER CHECK IS IN FULL PAYMENT OF ITEMS LISTED ABOVE PLEASE DETACH THIS MEMO. APPROVALRANDUM OF SETTLEMENT BEFORE DEPOSITING CHECK RECEIPT IS NOT NECESSARY OR DESIRED IF SETTLE- MENT IS INCORRECT IN ANY PARTICULAR DO NOT DETACH OR DEPOSIT BUT RETURN INTACT WILSHIRE OIL COMPANY OF CALIFORNIA FORM 768-IOM 12-58 LOS ANGELES 17 CALIFORNIA w.. �NTINS E ��yPORgT���(n9� --- - City of Huntington Beach ; ;P°��d� California CpUNTY GPI' October 17, 1958 Wilshire Oil Company of California 727 W. Seventh Street Los Angeles 17, California ATTN: H. C. Daudistel Manager, 'Taxes & Insurance Dear Sir, Your communication of , 1958 enclosing check in the amount of $274.:6 Octr ve It will be apprecia d f e uture payments covering the City's portion of, fee pelines- in the City,,.--operated under Orange " County Fra h se Nos. 315, 486 and(�94; can he supported w copy he report of computations. Very truly yours, John L. Henricksen, Administrative Officer JLH:BLD:lk Tr 1 wi* 1shi* rE WILSHIRE OIL COMPANY OF CALIFORNIA v October 14, 1958 John L. Henricksen va I� Administrative Officer City of Huntington Beach ,� K` 4' City Hall -'' � Huntington Beach, California "' �y •�' Dear Mr. Henricksen: We are enclosing our check in the amount of $274. 56, payable to the City of Huntington Beach, covering the City's portion of fees for pipelines operated in the City of Huntington Beach, which formerly had been operated under Orange County Franchise Nos. 315, 486 and 494. We are also enclosing a copy of our letter to Orange County which explains the method used in arriving at the amount due the City of Huntington Beach. - Future payments covering these lines will be made direct to the City of Huntington Beach. Will you please advise the writer whether or not any support- ing data is necessary when making these payments. Very truly yours, WILSHIRE OIL COMPANY OF CALIFORNIA H. C. Daudistel Manager, Taxes & Insurance HCD:zw encls. 727 W. Seventh Street, Los Angeles 17, California Telephone MAdison 9-5092 l r` wilshim \\ WILSHIRE OIL COMPANY OF CALIFORNIA Oastot' er 1 B 19se Cmioty Treasurer County of Orange art House Santa Ana, California a Re; Pl cline, Franchise or4tnsqqqsWo. 315 48 & 494 On Pebruary 26, 19588 we male4 you ai r" check in the awmt of $2,170.2 lit Payment og wwunt due for the a lendar year 1957 under the above F at hise , together vith affidavits and statemento required. OVag have wince been aadviae4 by the City of Huutington Beach t t certain areas ®f Orange Counter have been aww=4 to the city. Therefore, as portion of the face for 1957 auftr the aove FroachLees dwuld have been paid ae them. ill a we have been advive4 by the City of Weotminster that an March 219 19570 they incorporated a Vortion of an area fio= lF under the juris- dittion of Orange Couaty. ` .ear, too, are requestin them pro mats share of fees payable under 00inance No. 315. Us have recomputed the gees gar 1957, arriviag at the folloAaV, allecd etia ordioeace city Of City of 31 (W'cdSh.1) 8.22 +r 6.57 25.31 $ 40.10 $15 ( h..2)* 396.13 221..00 10584.07 20 201.20 48 '*Oa 45.07 141.20 187-019 494 -Oft 1.12 3.24 �4.36 1 ( ) 'hea recomputing this sebedule.. we end that an error had b can made in the original computation reaultift in a total is cease of $262.52 ( 2,=.20 - $1,938.68). sup-partiaz detail for t ts al.lecaa l is attaa w'hereto. 727 W. Seventh Street, Los Angeles 17, California • 'Telephone MAdison 9-5092 Zap -p2w Ctuaty of orange (Kpoliaa FrambLoo Ordinames No. U51, 486 a 494) uased an the abovt veallftat:W% thora to a refund due Wilabiro by the touoty of or mqgo of $416.39 ($2,pI70.22 - $IpM.83). %t to odr underacandina that the city,ov cannot ral000t paymn& gram the county,, Oyaly vilobtra 0 o. Therefore'v Vill you ploaaa furotoh tho vriter with Oay foram sec as to prodoari the TeAmdS or please ageopt this totter as our reque-ot for reih=4. Y*vv assiatance in Imadlina this tter will be Creatly appreciated. va,v.y timly y0ars" WtIrSURS OIL 00"ANY OF CAUVORMA ". C. Daudiptel Maaasaro Taman & Inaurame HCD.-go rue Ortasimal length of 61, Una utdor Ordia=ita 315 70 $069 =M;322W Veote4nstov City Imcotparated /7/57 1604560 Hunp-lustom Beach city Aftleueo $12/57 1502260 tetwlutus La Orazaa Couut7 8/2/57 411 826" Total barrels of oil trunwrtod for year en4taI5 12131/37 6 181 2=01G of oil timaeported 3/7/57 to 6/2/51 44 0 I't fl 8/2/57 to 12/31/37 6.5 395 Total woont due for yoar eadiag 12/31157 a.-120 M=nt fto 3/7/51 to 812/57 (20 786 (tfx& of 040.10) $9.67 0/2/57 w 12/3157 65 395 of $40.IJ 43 Q15 =&�u. ((8-64.2311H, Total mammt 4ma 3/7/$? to 8/2/57 4mw.nt &-o ftstminstar 146454 78,xi- $1.96 OrMP Co. .4 135 70053 mm=MVAM= Total mmmt due 8/2/57 to 12/31/57 =W=-43 A=u,nt dw Mcow-luster 14454 0i-w—w u W.43 $6.24 ftatinuton Beach 15 20 226 4;-L-M-- a $ .43 6.57 7 v Camty 40 62 :17.62 010.43 WILMIPE OIL CMIP' RY 0? CAL1MMIA ORDINS 315 All cation of under, Schedule Total barrels of oil transported for year an&uS 12131157 8 150 362 Barrels og oil transported 1/1/57 to g317�/57/57 ey 3d 567 I. to it OF 8/2/57 to 11/31/57 3 Total mount due for year ending 1.2/31/57 (es revised) Si &wunt due 1/1/57 to 3/7/37 $2 .83 H " 3/7/57 to 3/2/57 909.24 it to 8/.2157 to 12/31./57 UO23».' 3� Total mmnt due l/l/57 to 3/7/57 J2 .83 12 ant dae Orartse County - 100% g268.83 Total amount dae 3/7/57 to 8/2/57 €D9.24 Amount due Ifeatm.nater 1 a $909.24 0186.39 749 506 Total amount doe, 8/2/57 to 12/31/57 11 W23 3 Amount sane €eetminct Y 14 454 a $11,023.13 $209.74 ka e1 5 6 $1.;023.13 221.00 to as Orange Co. 561052 $1 023.13 592.39 , OIL CAW OF CAUMMIA ........... L s"vm=%r4r, ALLOM117,-I TMs antSxse Itoo was apmaod to eba City of on M06Q U42 9011OVino alIM5910n ftX QUO 17PM2? 1957: Total BWzoto Rmoivad fr= to I.�4et valuo 0 20 per B=01 $ 3MV2 Tbfml Orwis Roccipto 72. Tblo outim lu= mmowd W ette City og Ez3atlmBtoo Deach mi actobav 7.. 1957,0 we h6ma o-edo the follm-laa allocael4m for tho yoor 1957: Rang sty B=tiaston Death 111/57 to 0/7/57 .1017,117-to WAIL51- 2,9802 Woval Darmls nooeived It= Ume OL,too "u",alm 1,Z 2c per Vwrol OG2.00 $56.04 of Valuo 03.24 01.12 r WI 5 II•E WILSHIRE OIL COMPANY OF CALIFORNIA V June 18, 1958 John L. Henricksen Administrative Officer City of Huntington Beach yC�FR�Bjj c City Hall Huntington Beach, California i 1— Dear Mr. Henricksen: Your letter of May 12, 1958, relative to certain pipeline franchise agreements with the County of Orange, has been given the writer for handling. This office is working with our Engineering and Legal Departments in an effort to determinethe allocation to the City of Huntington Beach that portion of the pipe- lines now in the City of Huntington Beach, which formerly were covered by various Orange County franchises. We will contact you again within a few days relative to this matter. Very truly yours, WILSHIRE OIL COMPANY OF CALIFORNIA H. C. Daudistel Manager, Taxes & Insurance HCD:zw 727 W.Seventh Street,Los Angeles 17,California Telephone MIchigan 9621 r A INGTpN� VORA - = y City ®f Huntington Beach California cF1909, CpUNTY CPS May 12, 1958 Wilshire Oil Company 13539 E. Foster Road, Norwalk, California Gentlemen,' Attached are copie`.s of ordinances 4w'ni?ea--s annexed by , the City of Huntington August 79 1957• There are certain pipeline f ' se agreements with the County of Orange yo firm, which after the annexations, cov b e ordinances attached, now inure to Cit f Huntington Beach and the fees applic b reunder become payable to the City of Hun 'n ton Beach. OVery truly yours, I 4 John L. Henricksen, Administrative Officer JLHasl i AGREEMENT THI`S At3ER11 made, and entered into this day of April, 1956, by and between the City of Huntington Beach, a municipal corporation, sometimes hereinafter referred to as "City", through f Its- duly elecied Mayor and City Clerk, and WILSHIRE OIL COMPANY OF CALIFQRK A, a corporation,`organized and existing by virtue of the lags of the ,State of New Mexico,, duly authorized to conduct business in ,the -State of California, hereinafter sometimes referred to as Nildhire% and so made and entered into by the City of Huntington Beach pursuant to the authorization and consent of the City Council of the City of Huntington Beach, given at its regular meeting of April 16, 1956, a copy of which minutes certified to by the said City Clark is hereto attached, i WITN1SSETHs THAT 'WHEREAS., City, by instrument dated December 19, 1955, granted to "Wilshire an easement over and across certain real property 'in the City of Huntington Beach, County of grange, State of California, for the purpose of constructing,, laying, maintaining, operating, reps .rl,ng,- renewing, changing the size of and removing one or more pipelines for the transportation of oil, petroleum, gas, gasoline, hater or other substances within a ten foot strip of land therein described; and WHE1RA3, City and Wilshire desire to, amend said agree- ment so as to change the route of said easement. NOW THEREFORE,, for and in consideration of the premises, the parties hereto do hereby amend and modify the abovementioned agreement in the following particulars, i Paragraph 1 of said agreement is amended to read as follows: 1. Grantee shall have the right to construct, lay, maintain, operate., repair, renew, change the size of and remove one or more pipelines., not to exceed 24 inches in diameter, for the transportation of oil, petroleum, gas, gasoline, water or other substances In,, under,® along and across that certain real property situate, in the City ofHuntington Beachp County of Orange, State of California, described as follows, to-wit.. 'A strip of land 10 feet In width, located in the east one-half of fractional Section 14s Township 6 South, Range 11 West,, S.B.B, & M., and being 5,feet on either side of the follow- ing described centerlines Beginning at a point on the Easterly line of said Section 14, said point being, 2615 feet Southerly of the Northeast corner of said Section 14; thence -Westegly on a line which has a course of South 89 16, West 50 feet to a point, said point being the, true point of beginning of this description; thence Westerly 0 on a line which has a course of South 89 16, West 45 feet to a point; thence Northerly and parallel to the Easterly line of said Section 14 a distance of 263.27 'feet.0 thence Westtrly on a line which has a course of South 89 16, West 364.43 feet to a point; thence Southwesterly on a line which has a course of South 360 54, West to the line of ordinary high tide of the Pacific Ocean. A portion of said East one-half of fractional Section 14 is shown upon a map filed in Book 17, Page 35 of Record of Surveys in the office of the County Recorder of Orange County, Calik- ornia, together with the necessary rights of ingress and egress over Cityto adjoining lands, as may be necessary for enjoyment of the rights hereby granted, provided 2 that Grantee agrees to� indemnify City for all damages City may suffer from Grantee's entry on any of City's said adjoining lands,. Except as herein amended,, said agreement shah. remain -' the same as originally written. IN WITNESS VHEREOFj the parties hereto have executed this agreement the day and gear, hereinab©ve first mentioned. CITY 4F HMINGTON BEACH B y- By --0- �-, city Cler WILSHI OIL COMPANY' CALIFORNIA By E. C en lce' Fas en , By s s an re ary I Approved as to form this L �day of April, 19569 by Ca Ad Bauer'.o City Attorney, B y Bauer 43 � STATE OF CALIFORNIA SSO COUNTY OF ORANGE On this d of &pril, 1956, before me., a Notary Public in and for the County of Orange., State of California,, personally' appeared Roy Seabridge, known to me to be the duly elected Mayor of the City of Huntington Beach, a municipal corporation Of the State of California, and John L. Henricksen,, known to me to be the duly elected City Clerk of the City of Huntington Beach, each of them known to me to be the persons who executed the within instrument on behalf of said City of Huntington Beach and acknowledged to me that said City of Huntington Beach executed the same. IN WITNESS WHEREOF., I have hereunto set my hand and, affixed my official seal the day and year in this Certificate first above written. No-M;Y M-511E In FFff f6r' sgld County and State I ,My Commission Expire,.2 A"/" 16 —f STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On this day of April, 1956s before me, H. Z-. Scott, a Notary Public in and for said County of Los Angeles, State of California,, personally appeared E. W. -Allen, known to me to be the Vice President, and Richard 14,'m Curtiss known to me to be the Assistant Secretary of Wilshire Oil Company of California, the corporation that executed the within instrument, known to me to be the persons Who executed the within instrument on behalf of the corporation herein named, and aekho*ledged to me that such corporation executed the same, IN VIT-NESS VHEREO]P., I have hereunto set my hand and affix, ed my official ,veal,,the. day and year ija this Certificate first above written. Notary Public in and ror said County- and State MY Commission Expires June 20, 1959 0 Y ill � � � VS 9 �x® yows o A&%-,OF<4-e 4�_Xp ►teATioN ' Ma4� DC7� ORDINANCE NO 813 divislon of the State of Californil AN ORDINANCE GRANTING TO the rri Fi s r�eservedundeer this fran- / WILSHIRE OIL COMPANY OF CAL- chise to the County of O�rannze, or X IFORNIA, ITS SUCCESSORS AND any officer thereof shall inure to the ASSIGNS, A FR4NCHISE TO LAY, }ienefY such municipal corpora- CONSTRUCT, REPAIR AND MAIN- Lion or county, and Its appropriate of- TAIN STEEL PIPE LINES IN AND facers ALONG, CERTAr S PUBLIC HIGH- —SECTION 6 The Grantee shall WAYS 1N THE COUNTY OF within thirty (30) days after the ef- ORANGE, STATE OF CALIFORNIA fective date of this franchise, file The Board of Supervisors of the witn the Road Commissioner of the County of Orange does ordain as County of Orange a detailea state- follows ment showing the location and length SECTION 1 The right, privilege in lineal feet of all pipe lines and g P g telephone and power lines and poles and franchise is hereby granted to constructed and maintained by the Wilshire Oil Company of Ca i orn a, Grantee on the effective date of the its successors and assigns" o Ordinance in any County highway, construct, repair an main maintain one street, alley or other public places .n 6" and one 12" steel pipe line, for the unincorporated territory of the the purpose of transporting oil, "as County of Orange pursuant to any gasoline and all other hydrocarbon pr.oi franchise or permit, whether substances, for the term of fifty (50) ws 6ia:tee or 1 ears from and after the date when Petne grantee or or per- this .n .nteiest of the grantee or per- this franchise shall become effec- r..it�Ee tive, in, under and along the follow- frig described public streets and sell, transfer or assign t.us iranciiisc highways in the County of Orange, ci an of t.e ri is o. pr.vr e es State of California, to-wit hereby ranted w.tnou the pile. cor.- "Beginning at the intersection of sent of the oard of SuS�u,c_•i•-orsand Newland and Hamilton Streets, e,cept by a duly executed irst.u- thence Northerly along Newland ment in writing filed ii. the Office Street to its intersection with Gar- o: tile oun y lerk of the County field Avenue, thence WeAterly along of Orange Nothing* in this franchise Garfield Avenue to a point approx- shall be construed o g_raant o Sala imately forty-five (45) feet Wester- Gran= e�.ght to sell, trans- ly of Golden West Avenue" for or assign this Irancruse, orraan� SECTION 2 cl the rig is or�privileges hereby (a) The word "Grantee" where- 6raned, except in the manner a oi,- er used herein shall mean and in- q.,.a elude Grantee and its successors and aECT'GN 8 The County of Orange assigns reserves the r.gnt to improve any (b) The word "County" whereve, highway, street, alley or other places used herein shall mean the County or pc,rtion thereof, over and within of Orange which this franchise is grantea, in- (c) "Public highway" wherevci a.ua.ng the widening, change of used herein shall mean and include grace, construction and reconsai-c- public highways, streets, alleys aria t,on of such highway, street, alley other public Places now or neie- or other public places, or any poi- inafter dedicated to the County of t.cn thereof ana there is further re- Orange for puulic highway purpose, se red to the County of Orange an in the unincorporated portions of th, a-7 =r„i,ic,pzl or,oia,Ion political County of Orange subdivision or district within the (d) The words "franchise proper Coui.ty of Grange the right to con- ty" as used herein shall mean a=. s�ruct, reconstruct install, rep,, property constructed, installed, op er- a-ad maintain in any such highway, ated or maintained in any puulic s,,.ee, alley or other public places, hf6,hway, sreet, alley or other or portion thereof, any public im- public places pursuant to any rig nt :cvemeiit or privilege granted by this fian- if notice m writing is given to the chase Grantee ten (10) days in advance SECTION 3 Tnis franchise is no.— trio fact tnat work is to be done exclusive and is granted and shall pursaant to any right reserved abo^e be held and enjoyed only upon the in --is section spec.iying the gzner- piovisions and conditions prescrioe', .1 n ituie of the work and the are ', laws an,1 those contained in tnis r.i which the same is to be iiciform- Ordinance The grantee must, within ed then the Grantee shall do thirty (30) days after the passage of things necessary to protect its fia n- this Ordinance, file with the Clerk cnise property during the progress of the Board of Supervisors of Orange Bach work, and if ordered by tic County, a written acceptance of the Board of Supervisors of the Coi i terms and conditions of this Ordin- of Orange, the Grantee shall temper- ance aiily disconnect or temporarily re SECTION 4 All franchise property move or shall relocate ,,Us fia.ich se to be constructed and operated u.-dcr p.opuity witnin the highway, street this franchise shall be built and con- .lief or other public places to sucn strutted in a good and workmanlike e,tent, in such manner, and for sucn manner and of good material, acid -•c .od as sh:.1 be necessary to any and all pipe lines and telepnone permit the performance of such work and power poles and lines lard lo- in an economical manner, and in ac- cated, or maintained under said Iran- cordance with the generally recog- chise shall be so placed as not to in- n_-cd engineering and construction terfere with the use of said public rr-..moos, and to permit the mair- streets, alleys, highways and other tenance, operation and use of si ch public places by the traveling public pL—Ilic improvement or of the high or for public purposes In construe- v,,. street alley or other public tin_, ,nstahing and maintaining the pl,ccs as so improved All of such franchise property, pipe lines, and things to oe done and work to be communication and power syste-r., periormed by the Grantee shall be the Grantee shall make and backf.l_ at the soie cost and expense of the all excavations in such manner ana Grantee way as to leave the surface of the In the event that the County of public street, alley, highway or pub- Orange or any municipal corpoia- lic place in as good condition as it t.on, political subdivision or district was prior to said excavation, as well within the County of Orange shall as to conform to the statutes of thf hereafter construct, install, recon- State of California and ordinances of struct of repair any bridge or arti- the County of Orange, Including Or- Lcial support in or underlying any dinance No 563 as it now exists or nighway, street, alley or other puo- may hereafter be amended with re- Ac places in which the Grantee's spect to the securing of permits for franchise property is located, and r.i the excavation,filling and obstruction the event that the cost of such work of County highways The work to er- as may reasonably be required is in- ect or lay said system shall be com- creased in order to provide for the menced in good faith within not installation, maintanance or opera- more than four (4) months from the tion of Grantee's franchise property granting of this franchise and if not in or on the area covered by or un- so commenced the franchise shall be derlain by said bridge or other arti- declared forfeited ficial support, then the Grantee shall SECTION 5 Whenever any portion pay to the County or such municipal of the territory covered by this corporation, political subdivision or franchise shall be annexed to, or district doing such work the full otherwise become a part of any mun- amount of such increase or cost, up icipal corporation, or oYany otter on completion of such construction, cou�y;—or oY any other politico sub- installation or repair Any damage done directly or in- thereupon declare this francise for- dhectly to any public street, Ing- feited, and may exclude said Grant- way, alley or other places or public ee from further use of the public Improvement by the Grantee, in e.- streets, alleys, highways and pub..( excising directly or indirectly any places of said County under this r gnt, power or privilege under this franchise, and said Grantee sha.0 lianchise, or In performing any thereupon surrender all rights in and duty under or pursuant to the prove- to the same, and this franchise sha4 sionb o. this Ordinance, shall be be deemed and shad remain null, promutiy repaired by said Grantee void and of no effect at itb .ole cost and expense, to the SECTION 13 The Grant e during complete satisfaction of the County the life of this franchise, shall keep SECTION 9 If the Grantee shall on file with the Board o -ZTu pervrs- fail to comply or to commence ano ors an maintain in good standing a diligently proceed toward compliance corpora a sure y and ru In with any instruction of the Board oun y o n rage, approved_py the of Supervisors or Road Commission- B­o_a_rd__of7. upery sors, n tie enal er with respect to the location or s o ne ousan o, ais (S,-1- any of said franchise property or thJ , an con r oned tnat su h the repair of any damage to streets rat>ii e s a wed-ul7 obser-je, alleys, highways or other puolnc fulfill an perform each term ana places or any public improvements coniono r the franchise, ana Thaa wi�hin ten days after the service of M case or any breach of condition "ritten notice upon the Grantee re- of such bond, the whole amount of quiring compliance therewith, tnen the penal sum therein named shall oe the Board of Supervisofs may inn- deemed to be liquidated damages and mediately do whatever work is nec- shall be recoverable from the prrn- essary to carry out the instruct.o- cipar and sureties upon said bond at the cost and expense of the Said bond was filed by the Grantee Grantee, which cost by the accep- witn the Board of Supervisors witi.- ance of this franchise, the Grantee in five (5) days after this franchise shall pay upon demand was awarded SECTION 10 The Grantee shall SECTION 14 The provisions of this hold the County of Orange, its au- franchise and a rIIr.t001 o0Ia morized officers, agents and employ- a d u ies ,ereunder shall mareto ees, harmless from and against any and be binding upon the Gran,ee, its and ail liability or loss resulting successors and ass gnnp horn claims for damages by any SECTION 15 The County Clerk and person arising out of the acts or ex-officio Clerk of the Boara of Su- omissions of the grantee, its aaen,.., pervisors of the County or Oran,e or employees in the performance of shall certify to the adoption of th any work authorized hereunder Ordinance and shall, before -ne e,- bECTION 11 The Grantee shah, pnation of fifteen (15) days aLi,e- uduring the life of to s iranch se, pa, the passage thereof, cause the sane to Lhe Counof orange,I in aI wfu. to be published once, with the names money of the United States an i__ of the members of the Board of Su- the manner provided oy aw, tv,o pervisors voting for and against the 7() pci cent(Z.Y,2L. or trie gross annual same, in the Daily Dews Trroun(,, . recuipU6 01 Tile ran ee arising from newspaper of general circulation ne use o era ion or ossessron 1. printed and published in said Count, franchisethi witnin the Count.7 of of Orange range peicentane shall oc ua_ Willis H Warner v ' for the f rst Y.ve(5j ear - Chairman of the Board 1lJ xng the date oP xs rranc` x au of Supervisors of Oran e I tnel earter such percentar;e snap'ac County, California pa ableable annually_ ATTEST l^/� The shall file with the T _s WALLACE, Q� Count,y Clerk of the Cou�y of- rang, County Ciark and e 71thIn three(3)-months-after-the oxficio Clerk of the Board expiration of s.x(6) years of Supervisors of Orange the efrec roe as e of tlYffrdinance County, California 'granUn—g-71119 ranchise, a�wi�Fr;. Ey Mabel L Casteix (SEAL) three (3) months after the expi.a- Deputy Clerk Lion of each and every year there- STATE OF CALIFORNIA) alter, a duly verified statement show- ) cS ,a iri dM-IF-t e total gross recerntb COUNTY OF GRANGE ) of said rantee ur n r the re eT hm I, LB WALLACE, County Cler r year, arising irom t e use, open:.- and ex-ofYlclo Clerk of the Board of Iron or possession of this franchise Supervisors of Orange County Cali- within the County of Orange, and fo.nia, do hereby certify that at a witn,n fifteen (15) days after the time rc Lz1ar meeting of the Board of Su- for fl zi e afore statement, tfie ,re.v.sors held on the 24th day of Grantee snail pale e ouh y April 1956, the foregoing Ordnance 'lneastl ref-=67-Culluty-cf-Crran'; containing fifteen (13) sections, kas xflTwf mo-u�f-t Zl e IInitecTSEa'tes considered section by section, and the aforesaid two_per cent %�oI that the said Ordinance was then its gross rece piisin'fro�a tTe passed and adopted as a whole by use,_5)peration or possession of this the following vote franchise auring said priming year AYES Supervisors RALPH J Any neglect, omission or refusal or MCFADDEN, WM H HIRSTEIN, said Grantee to file said verified C M FEATHERLY, HEINZ IiAIS- statement, or to pay said percent- ER AND WILLIS H WARNER age, at the time or in the manner NOES SUPERVISORS NONE hereinbefore provided, which neglect, ABSENT SUPERVISORS NONE omission or refusal shall continue for IN WITNESS WHEREOF, I have moreian een o days following hereunto set my hand and affixed no xt ce tihereof to the urantee Irorn the official seal of the Board of Su- tire County, snail be groun s or the pervisors of the County of Orange declaia i7on ofaforfRt_ur�- ub State of California, this 24th day of franchise and of all rights of the April, 1956 rantee hereun er L B WALLACE -SEZ TIZSR-Ix-finy neglect, failure County Clerk and ex- or refusal to comply with any of the officio Clerk of the Board conditions of this franchise, which of Supervisors of Orange neglect, failure or refusal shall con- County, California tinue for more than fifteen days ful- (SEAL) By Mabel L Casteix lowing notice thereof to the Grantee Deputy Cleric from the County, shall work a for- Publish Daily News Tribune felture hereof, and the said County, May 4, 1956 by its Board of Supervisors, may -01 tee s n J� -?peV TiTTv-vr ORDINANCE NO. 315. AN ORDINANCE GRANTING TO THE WILSHIRE OIL COMPANY, INC, A CORPORATION, A ITRANCHISE TO EXCAVATE FOR, LAY, CONSTRUCT AND ERECT, FOR A PERIOD OF FIFTY (50) YEARS TO MAINTAIN AND OPERATE A PIPE LINE SYSTEM FOR THE TRANSPORTATION OF OIL, GAS, GASOLINE AND OTHER HYDROCARBON SUBSTANCES UNDER, ALONG AND ACROSS ALL OR Aj,�' OF THOSE CERTAIN PUBLIC HIGHWAYS AND STREETS AND PORTIONS THEREOF, EXISTING II V ITHIN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, TRANSVERSED BY THE LINE HERE- INAFTER DESCRIBED The Board of Supervisors of the County of Orange do ordain as follows SECTION 1 Tnat the right, privilege and francnise is hereby granted to the Wilshire Oil Company, Inc, a corporation organized and existing under the laws of the State of California, to excavate for, lay, construct, erect ana for a period of fifty (50) years from and after the date of granting of said franchise to maintain, use, operate, renew, remove and repau a pipe line system, consisting of not more than two sepa- rate Imes of pipe for the transportation and distribution of oil, gas, gasoline and other hydrocarbon sub- j stances over, along, under and across any and ail of taose public highways and streets within the County of Orange, State of California, and transversed by the following described line, to-wit Beginning at the intersection of Golden West Avenue with the most northerly incorporate limits of the City of Huntington Beach, thence in a geneial northerly direction and following the various courses of said mentioned Golden West Avenue to its intersection with Ocean Avenue, thence westerly along said mentioned Ocean Avenue to its intersection with Hansen Street, thence northerly along said mentioned I' Hansen Street to its intersection with the boundary hn e between Orange and Los Angeles Counties SECTION 4 The grantee shall have the irgah be held and enjoyed only upon the terms and con- citions herein contained, and the said grantee must witnin thirty (30) days after the passage of this ordi- nance file with the Cleik of thel Board of Supervisors of Orange County, a written acceptance of the terms and conditions herein expressed SECTION 3 The term "Grantee" whenever used herein shall be held to include the grantee or its successors or assigns SECTION 4 The grantee shall have the right to construct and maintain such traps, manholes, appliances and attachments as may be necessary to properly maintain the pipes lard of constructed under this franchise, and such traps, manholes, appliances or attachments shall at times be kept flush with the surface of the highway and so located as to conform to any order of the Board of Supervisors or Superin- tendent of Highways in regard thereto, and not to interfere with the use of the highway for travel The grantee shall have the right, subject to such regulations as are now or may hereafter be enforced, to make all necessary excavations in said highways for the constriction or repair of said pipe lines, traps, manholes, appliances and attachments SECTION 5 All pipe lines, traps, manholes, attachments and appliances constructed, erected or ' maintained under the provisions of this franchise, shall be constructed, erected and maintained in accord- arce to and in conformity with all the ordinances, rules and regulations now or hereafter adopted of pre- scribed by the Board of Supervisors of Orange County All pipes and pipe lines lard under this franchise shall f be of first-class material, and no pipe line laid under this franchise shall exceed ten (10) inches in mteinal diameter SECTION 6 If the pipe line shall be lard along or across any highway in Orange County, the same shall be so lard that they shall avoid in so far as possible, existing pipe lines, storm drains and other under- ground structures The grantee hereunder shall, before laying any pipe line ander this franchise, give written t notice to the Superintendent of Highways, designating the particular place and time the said work of laying C said pipe line will begin or commence, and the said Superintenaent of Highways shall thereupon give speci- fications for the laying of said pipe line as to the depth below the surface of the earth that the same shall pI be laid and the distance from the central line of the highway along which said pipe line is to be lard and suen other specifications as will best enable the grantee to avoid the existing underground structures along sud highway Where said pipe lines are to ci oss any hignway, 'said Superintendent of Highways shall give specifications for the crossing of saiq highway and the back-filling or repaving of same After the com- pletion of said work, the permittee shall furnish to the Superintendent of Highways a detailed map or plan s^owing location and size of pipe line, or lines laid, and the depth at which the said pipe line or lines are laid SECTION 7 That the work of constructing said pipe line shah be commenced in good faith within not moie than four months from the date of the granting of said franchise, and shall be prosecuted diligently ti,ereaftei and in good faith, and that if said work be not so commenced or prosecuted within the times or in the manner specified, said franchise shall be foffeited SECTION 8 The work of laying or repairing all pipes, pipe lines, traps, manholes, attachments and appliances shall be conducted with the least possible hindrance to the use of the highways for purposes of travel, and as soon as the laying, constructing, erecting or repairing of any pipe, pipe line, trap, manhole, attachment or appliance is completed all portions of the highways which have been excavated, or otherwise rilured thereoy shall be placed in as good condition as the same was before the laying, constructing, erecting p o, repairing of any pipe, piper line, trap, manhole, attachment or appliance to the satisfaction of the Board Of Superviso_s and Superintendent of Highways of said county, and that any damage or injury suffered by li any Pelson by reason of any excavation or obstruction being improperly guarded duiing said work shall be t borne by the grantee of this fi anchise SECTION 9 The County of Orange reserves the right to change the grade of any highway or the ,-dth of any highway and the right to,pave or otherwise improve any highway over which this franchise :s granted, and the gran fee shall, upon notice from the Superintendent of Highways of the County of _ awe el-Qcatg such pipe line of lines and all traps, manholes, appliances or attachments lard, constructed 0-erected hereunder at such places and at such depths so as not to interfere with the work of changing_the 5' de, imbr. ovine or aving such highway or the use thereof after such work $uch notice to be in writing ^a sened ten (10) days before requiring such removal of relocation of such pipe line SECTION 10 If any portion of any highway shall be damaged by reason of breaks or leaks in any 'Pe laid or constructed under this franchise, the grantee thereof shall, at its own expense repair any such " rage and put such highway in as good condition as it was in before such break or leak to the satisfaction the Board of Supervisors of said County .SECTION 11 Should the excavation for said pipe line cross any driveway leading into or from ad- ,T1111 or aalacent property such excavation shall be bridged or filled within a reasonable time so that in- es s and egress may be had to such property over such driveway SECTION 12 If said grantee shall fail to comply with any instructions of said Board of Supervisors SUDeiintendent of Highways with respect to the location of any of said pipes, pipe lines, traps, manholes, ---�liances of attachments, or the repair of any damage to highways within ten days after the service of --Tien notice upon said grantee requiring compliance herewith, then said Board of Supervisors may imme- c'tely do whatever work is necessary to carry out said instructions at the costs and expense of said grantee, acre cost, by the acceptance of this franchise, said grantee agrees to pay upon demand —169— SECTION 13 The grantee shall not commence the construction of any pipe lines under the pro- visions of this franchise until it shall have first obtained a permit from the Board of Supervisors so to do Such permit shall be granted upon application of the grantee, which application shall show the following facts, the highway upon which it is proposed to construct or lay the pipe, the length of pipe lines proposed to be constructed or laid on the highway, the size and description of the pipe intended to be used in the construction of the pipe line and such other facts as the Boara of Supervisors may require On the first day of July and January of each year, after the date of granting of said franchise, the grantee shall render a statement to said County of Orange showing in detail the permits issued and the total length of pipe line for the construction of which, under the terms of this franchise, permits have been taken out during the preceding six months, and if the total length of pipe lines actually laid during the said six months is less than that peimitted under the permits issued, such statement shall in addition to the above, show in detail the total length of pipe line actually laid under such permits and in either event the grantee shall accompany said report with the payment of $15 00 for every mile or fraction thereof of pipe line which has been actually constructed under the permit taken out during the preceding six months under the pro- visions of this franchise SECTION 14 The grantee of this franchise by accepting the conditions hereof, stipulates and agrees that in any proceedings for the purpose of iegulating the rates of the grantee, no greater value shall be placed upon this franchise than the actual cash paid therefor by the grantee, and any violation of this pro- vision shall ipso facto work a forfeiture hereof and render this franchise null and void, provided that in calculating the value of this franchise, the original purchase price paid at the time the franchise is sold and the total amount of mileage then paid at the rate hereinbefoie mentioned shall be considered the purchase i price SECTION 15 The grantee shall have the right, duiing the period for which this franchise is granted, 1 to transport, furnish, and distribute oil, gas, gasoline and other hydrocarbon substances through the said pipes and pipe lines i 1 p , SECTION 16 That said grantee shall, during the life of said franchise pay to said County of Orange,tiK'`w in lawful money of the Unitea States, two per cent of the gross annual receipts received or which were ac- tually eained from the use operation and possession of said frarcnise, and if the pipe lines laid under the teinis of the franchise shall be a part on Ty- of an en ue system of pipe Imes, part of which is not laid under the terms of this franchise, the gross receipts, or eainmgs, as heremabove defined arising fiom the use, op- e.ation and possession of said franchise, shall be deemed to be that portion of the total gross receipts of the entire system which the number of miles of pipe line laid under the terms of this franchise shall bear to the 7Uuvr ai iiamoer of miles of pipe line laid in the entire system No percentage shall be paid for the first five yLars a ,166 succeeding the date of said franchise, but thereafter such percentage shall be payable annually I l�"' SECTION 17 That it shall be the duty of the grantee of said franchise to file with the Clerk of said Board of Supervisors at the expiration of six (6) years from the date of granting said franchise and at the expiration of each ana every year thereafter, a statement) verified by the oath of said grantee or by the, oatn of the manger or presiding officer of said grantee, showing in detail the total gross recei is and Toss ea,nr:. s collected of received by said grantee during the preceding we ve mon s rom ie transpor- tation of oil, gas, gasoline and other hydrocarbon substances through any part of the system for the con- struction and operation of which said franchise is granted, and within ten (10) days after the time of filir P toe aforesaid statement, it shall be the duty of said grantee to pay the County Treasurer of the Clonnty of Orange, .n lawful money of the United States, two per cent (2%) of the gros eceipts a operation or possession of said franc rse during the year previous to the filing of said statement and if pay- ment of any sum requr.ed to be paid by the grantee under the terms of said franchise is not made, the Board of Supervisors may bring suit to collect the amount which is due and owing thereunder from the grantee to the County SECTION 18 The said grantee shall not sell, transfer or assign this franchise or the rights of nnvr- leges granted hereby without the consent of the Board of Supervisors, nor shall this franchise or rights or Ur%v e es be sold, transferred or assigned except by a duly executed instrument in writm filed In the office _ tF, 2a-QI of the Board of Supervisors of e County o range, and nothing in said franchise contained shall be con - 6tt, ,tv strued to grant to said grantee any rignt to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid SECTION 19 Any neglect, failure or refusal to comply with any of the conditions of this franchise shall thereupon immediately 112so facto effect a forfeiture hereof and the said county by its Board of Super- ! visors, may thereupon exclude said grantee from further use of the highways of said county under this fran- ch.se, and said grantee shall thereupon and immediately surrender all rights in and to the same, and said / franchise shall be deemed and shall lemanl null, and and of no effect SECTION 20 This franchise is granted upon the further condition that the grantee has now and shall at all times during the life of this franchise keep on file with the said Board of Su ervrsors a bond ru znmg_to said County in the penal sum of one housand dollars (S1,000 00) with at least two good an � ? sufficient said to be appioved by saidBoard Dare of Supervisors, conditioned that said grantee shall well and truly ouserve, fulfill and perform each and eveiy term and condition of this franchise, and that in case of any preach of condition of said bond the whole amount of the penal sum therein named shall be taken and deemed to be liquida ea damages and shall e recoverable from the principal and sureties upon said bond `1✓r SECTION 21 Whenever any poi ion of the territory covered by this franchise shall be included within any municipal corpora ion, tlie rights reserved under this franchise to the County of Orange shall, as to the territory so included in the municipal corporationj inure to the benefit of such municipal corporation I and its appropriative officers SECTION 22 Tnis ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage hereof shall be publrsned for at least one Nee; in the Seal Beach Post and Wave, a newspaper printed and pubhshed in the County of Orange, State or California, together with the names of the members of the Board of Supervisors voting for and against 1 the same WILLARD SMITH, _ Cnairman of the Board of Supervisors of Orange County, State of California ATTEST. J M BACKS, County Clerk and ex-officro Clerk of the Board of Supervisors of Orange County By Deputy Clerk (SEAL) STATE OF CALIFORNIA, � �ss COUNTY Or ORANGE, I, J M BACKS, County Clerk of the County of Orange, State of California, and ex-officro Clerk o' the Board of Supervisors thereof, do hereby certify that at a regular meeting of the Board of Supervisors o' said Orange County, held on the 8th day of August, 1933, at which meeting there were present, Supervisors, Willard Smith, Chairman, Wm C Jerome, John C Mitchell, LeRoy E Lyon, George Jeffrey and the Cle" the foregoing Ordinance consisting of 22 sections was considered section by section, and that the said oral- -170— Y I l - nance was then passed and adopted as a whole by the following vote, to-wit Ayes George Jeffrey, LeRoy E Lyon, John C Mitchell, Wm C Jerome, and Willard Smith Noes None Absent None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Board of Super- visors of said Orange County this 8th day of August, 1933 J M BACKS, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County By Deputy Clerk (SEAL) t . N ORDINANCE REQUIRING PERSONS CONVICTED OF CERTAIN CRIMES WHO SHALL COME I O OR BE WITHIN THE COUNTY OF ORANGE, TO REGISTER IN THE OFFICE OF TH SHERIFF F SAID COUNTY The oard of Supervisors of the County of Orange do ordain as follows SECT N 1 Every person who has been convicted in any Federal Court, or the court of any tate i within twenty ars prior to the effective date of this Oidinance, of the crime of counterfeiting, gran theft, ' grand larceny, bezzlement, forgery, obtaining money by false pretenses, obtaining property by f se pre- tenses, burglary, lonrous assault, robbery, arson, murder, kidnapping, extortion, violation of any law pro- hibiting the carryi of deadly weapons, taking or enticing any person for the purpose of obtain g ransom, of violation of any ovisions of any National or State law ielating to the possession, sale or t nspoitation of any narcotic, who mes into the County of Orange Flom any point outside of such Coun , whethel in transit through said C unty or otherwise, and every such person who at the time this or ante becomes effective is residing or present within any municipality within said County and who co es into the un- incorporated territory of and County whether in transit through said territory or otherw e, shall report to the Sheriff of said County rthm forty-eight (4E) hours after his arrival within the bound ries of said County, of within such un inc orpora d territory, and shall furnisn to such sheriff m a writte statement signed by such person, the true name o such person and each other name or alias by which suc person is or has been known, a full and complete des iption of himself, the name of each crime herernabove n this Section enumer- ated of which he shall have{ be convicted, together with the name of the p!ac where each such crime was committed, the name under which he was convicted, and the date of coun the ction thereof, the name, if any, and the location of each ison, reformatory of other penal institution : which he shall have been confined as punishment therefor, t ether with the location or address of his residence, stopping place, or living quarters in said County, and ch one thereof, if any, or the address o location of his intended resi- dence, stopping place, or living quart s therein, and each one thereof, wit a desci iption of the character of each such place, whether a hotel, a rtment house, dwelling house, or o erwise, giving the street number thereof, if any, or such descrlptron of t e adaress or location thereof as ill so identify the same as to make it possible of location, and the length of line for which he expects or r tends to reside within the territorial boundaries of said County At the tune of furnishing such infor ation, said person shall e photographed and finger-printed by said Sheriff, and said photograph and finger- rants shall be made a art of the permanent i ecord herein pro- vided foi SECTION 2 Every person residing wit n the unincor rated territory of said County at the time this Oidmance becomes effective, who has been c victed withi such twenty year period, in any such Court, of any crime in Section 1 hereof enumerated, shal within fo y-eight (48) hours from and after the effec- tive date hereof furnish to said Sheriff, in a written stater it signed by such person, all of the information required to be furnished under the provisions of said Secti n 1 hereof, together with the photographs and i finger-pi nits hei eiribefore pl ovided for SECTION 3 In thq event that any person spe ,led in Section 1 or Section 2 hereof shall change any such place of residence, stopping place, or living q a ers to any new or different place or places within said unincorporated territory of said County other t an y place last shown in such report to said Sheriff, he shall, within twenty-four (24) hours after the in ng o such change, notify the said Sheriff, in a written and signed statement, of such change of address d shall f rnish in such written statement to said Sheriff, his new address, and each one thereof II+ It shall be unlawful for any person re n fired by any p vision of this Ordinance to fuinish any such report, to furnish in such report any false or ctitious address, any address other than a trae addless or ' intended address, or to furnisn in making an such report any f se, untrue, or misleading information or statement relating to any information requi d by any provision o this Ordinance to be made or furnished SECTION 4 Said Sheriff shall ca se to be made a perman t record of all information, photographs and finger prints required by the provisi s of this Ordinance to be f rnished to or by him, and to forthwith furnish a copy of said records, photog phs and finger prints to the istrict Attorney of Orange County, said records, photographs and finger p nts shall at all reasonable times be open to the inspection of any r peace officer having jurisdiction wit n the territorial boundaries Tsai County, including the municipal corporations therein SECTION 5 It shall be lawful for any person required by any provision of this Ordinance to furnish any such report or infor atson to fail, neglect or refuse to make su z report or to fuinish such, in- formation, photographs or finge prints, or to fail, neglect or refuse to render furnish the same within the time herernbefore prescribed, to fail, neglect or refuse to furnish to said eilff within such time any information, photograph or f gerprints required to be furnished by any provisro s of this Ordinance, or to 'furnish any false, untrue, misleading information or statement relating to an information required by any provision of this Or ante to be made or furnished SECTION 6 No ing in this Ordinance shall be deemed nor construed to ply to any person who has or who shall have ceived a full pardon for each such crime whereof he shall h e been convicted, nor to any person who is shall be on palole or probation under the laws of the State o California, or whose Parole or probation p riod under the laws of the State of California shall have expired wi out any revocation of such parole or bation having been made SECTION Any person violating any provision of this Ordinance shall be deeme guilty of a mis- demeanor and u on conviction thereof shall be punishable by a fine of not to exceed Five undyed Dollars ($500 00) or by prisonment in the County Jail for a period of not to exceed six (6) months, r by both such line and impr onment Eac separate day, or any portion thereof, during which any violation of this Ordina e occurs or II co,-inues, id each failure, neglect or refusal to make any such report or to furnish any such formation, I n}otograp' or fingerprints during each or any day or portion thereof, from and after the eapua on of the 11"Ie spe died in this Ordinance within which such report must be made, or such information, pl tograph 01 fin rprints furnished, shall be deemed to constitute a separate violation hereof, and a separate offense 1',ieu der, and upon conviction therefor each such violation shall be punishable as herein provided SECTION 8 This Ordinance is hereby declared to be an urgency measure and necessary f the ediate preservation of the public peace, health and safety, for the reason that it is necessary to i e- 1 ately take steps to suppress the activities of a certain criminal class, including those known and repu ed be the "Gangsters", who are coming into the State of California, and various communities of Southe n —171— r I i i -� i 5--,v xpERi�d�U�te,° 2-.s- 96 G v c Ck CPA) 314 i eeL a , > X)71 4,v7",, Published Huntington Beach News ways along the above described date of said franchise, but there- June 27, July 4. 1946 course, and at such places therein after such_lercentage shall-be-payable ORDINANCE NO 494 as shall be designated by said En- annually And it shall be the duty AN ORDINANCE OF THE BOARD ginecr and the said grantee shall of-Efn_e grandee of saidyfr�anchise to OF SUPERVISORS OF THE pay to the County of Orange, the J'LIe__}vithvnthe_Clerk_of the Board COUNTY OF ORANGE, GRANT- �c-asonablt cost of the supervision of 8upersors of sand County of ING TO THE WILSHIRE OIL. as herein provided vLrthin thirty Orange, at the expiration of six COMPANY, INC ITS SUCCESS- days after the completion thereof, Nears from 7I7e dote of the grant- ORS AND ASSIGNS, A FRAN- ur,or. certification of the amount ing of said franchise,and at the CHISE TO LAY, CONSTRUCT, clue thereunder to said Grantee Dy etpu itlori ot�eacn year thereafEer, REPAIR AND MAINTAIN A sa.d County Engineer a statement, verified—by oath of STEEL PIPE LINE IN AND SUCTION 4 The work of con- said grantee, or by the oath of the ALONG CERTAIN PUBLIC HIGH- strutting siicl pipe lines shall be manager_or presiding officer of WAYS IN THE COUNTY OF OR- commenced in good faith within said grantee, showmg_1n d;tarl the ANGE, STATE OF CALIFORNIA not more than four months Ifom total gross receipts and Bros ea�n- 'Ihe Board of Supervisors of the the date of the granting of said iias----iftee ctedurin r received e edfng said County of Orange do oruaur as fol- franchise and shall thereafter, dui- months arising rrom the use and elve loos ing the terms of said franchise, be SECTION 1 That the franchise prosecuted diligently and in good ownership of said p.pe lines for the �ai.h so as to meet and fill the construction and operat on of which right or prlvnlege is hereby granted- saicr franchise is granted, and with- to the Wilshire Oil Company-Line, reasonable needs of the inhabitants ui to* cay� after the Ume to; f, - of the territory for the service of its successors and assigns, to 1_.ay, Nvhrch said franchise is brantcu frig or the aloresaid statement it construct, rep and�Maintain a shall be the duty of said giancee 4" steel pipe line for the purpose SECTION 5 That all pipes and o pay_-to the County Treasurer of of transporting oil, gas, gasoline pipe lilies la,d under the terms of the County of-Orange the aggregate and ad other hydrocaroon sub- �afd tranchrse, shall be so laid that sum of-^said percentage u on the stances, inn and along Busharu Street the top of sari pipe shall be not amount of the L,rosannual „its and Atlanta Street, public roads less than sixteen (16) inches from arrs.ng from Elie use, or and highways of the County of Or- the surface of said highways posse.,eioir cal-sa�fra�nciiisc, and iT ange, State of Cahfofnia, and de- SECTION b That the _,rantee the an our£—paid rs l7coriect, in scribed as follows, to-Nv,t of said franchse shall, within thir- the jaugme,rt of said Board of Su- A light of way in the County ty 'Lays after the completion of l,ervr-,ors, they may order the pay- of Orange lof a 4" pipe Ime, the laying of said pipe unes, or meat of such additional sum as the c.e.iter hit(, of which is de- any portion thereof, file in the of- the3 may find due thereunder, and scrfued as follows 11ce of the County Superintendent if net paid the same may be c,ol- Besnnnmg at a point 17' East of 711ghways of the County of Or- let ted by suit And any ne-lect, ange, a map showing the location om,s-.on or refusal-or said grantee Street and 12' North o of of the center line of the of id pipe lines and the depths f the e said to file said verified statement ar of said pipe lines beneath the sur- souther'y side line of Atlanta to pay the sai�ercentag_e of said face tnei cot ross annual recelp of the time Avenue in Section 18, Township g_� 6 South, Range l0 Nest, 9 B SECTION 7 'ghat the grantee or in the manner erembe£ore pro- B a; 1\11 thence westerly along of said ,ranchise shall pieserve to vlded shall ipso facto work a for- Atlanta Stncet and parallel to County of Orange harmles-s—from ierture ui said tra'n nls-=aiT of all the center line thereof, a dis- the results of any aT,cnden or m- rights thereunder to said County taace of 0 69 miles, more or less, Juiies to tlie-traveling pul h-c--clui- o-T-Orange to a point which is 1,000' West ine ttHe construefron or laymb of SECTION 10 That said franchise of the center line of Cannery sald pipe Ape`s afTd—aat—all-tlmes and authority herein given and Avenue in Section 13, 'Township so preserve the County of-Orange branted are granted in pursuance 6 South, Range 11 l�'est, S B harmless from the re sultsof any of a i esolutron of this Board of B & M acciclen s or fn,lurres to the trave,- Supervisors duly passed and adopt- SECTION 2 That the aforesaid ing pUGlic or t he proper y o any ed at a re�u a-I r meefing of-of a franchise rn�hL or trvthe i bivs person clurinl, the construction or Board held on the 14,h day of and' granted`-to said-Wil�nre 01l laying of -,aid pipe lines and the May, 1946 accel fig ttn�-bi�� offs: Company;pint,--its sic cessors and operation thereof, or any appliance and tender of sanl�j�ilshire Oil assigns; for a in corrnectfun therewith at any Company, -Incc;for and franchise period of f1Tfy(0) time thereafter and awarding the said franchise to years`-irom and after T date of t SLCTIOiN 8 That the grantee it as the highest and best binder he_passage and iaktng�effent of of said franchise will if the Board therefor this Urdmance of Supervisors of the County of SECTION 3 The grantee of said SECTION ei That thls Ordinance I Orange shall so order, change the shall take effect and-be m force franchise shall have the right to location of said pipe lines, traps third-(_0)—_days from and after construct and maintain such traps of manholes, maintaineu or oper- and manholes as may be necessary the date of its Passage,an-I after to afford proper access to said to under said franchise, so as public "iol nfifte rot at least one pipeline for clearing and maintaining to conform to the requirements of ofweek within fifteen nays from and the same, providing such traps and said Board m any mproch said after the date of its Passage' as manholes shall be it all times kept of said highways upon which sand requrn Beach by law, , the ewspap- flush with the surface of the street pipe lines or appliances are main- ton dnd News, a newspaper or hrghwa s and so located as to amed printed and published m said Coun- or lhat the grantee of said fran- conform to the order of the Board chase will not, in laying of main- ty of Orange of Supervisors in regard thereto, tai ing said pipe lines or any ap- ILLIS H WARNER and not to interfere with the use phances in connection therewith, Chairman of the Board of of such highway for travel The cut or otherwise break the paved Supervisors of Orange Coun- gtantee of said franchise shall also portion of any highways, but if ty, California have the right, subject to suca it becomes net essay y to cross the ATTEST regulations as are now or hereal- same will tunnel or bore thereun- B J SMITH (SEAL) ten may be in torte, to make all del and when said line or apply- County Cleric and ex-otticfo necessary excavations in said high- antes are so laid refill the tunnel Clerk of said Board of way ,or the laying, construction or bole and tamp the earth thenc- uper%isors and repair of said pipe lines, traps, inn, so that the support of any STATE OF CALIFORNTIA and manholes paeruent may not be weakened or ss That all pipes and pipe lines, traps destroyed That said grantee shall, COUNTY OF ORANGE and manholes maintained under said cruring the process of construction I, B J SMITIf, County Clerk and franchise shall be of good mater,al of said pipe lines and appliances ex-ofticio Clerk of the board or and workmanship, anti said pipe and the laying thereof, maintain Supervisors of Orange County, Cah- lmes shall be lard and constructea ail necessary banrreis, warning fornia, do hereby Certrly that at at least fifteen (15) feet distant signs and red light signals suifi- a regular meeting of the Board of from the center line of the high cleat to protect the traveling pub- Supervisors held on the 25th day ways along the above described lic from injury during the con- of June, 1946, the foregoing Or- course, and so lard and constructed struc,uon on laying thereof and if durance, containing eleven sections, as not to interfere with the public necessary will maintain watchmen was considered section by section, right to travel over, along and and take all and such othef pre- and that the said Ordinance was acress said roads, or to do any cautions as may be necessary to then passed and adopted as a whole damage of a permanent nature protect the public from injury or oy the following vote thereto damage, and all pipe Imes and ap- AYES SUPERVISORS IRVIN Thal the said grantee prior to the phances shall be land under the su- GEO GORDON, FRED C ROXV- laying of any pipe lines or apply- pef v Aston aid control of the Coun- LAND AND WILLIS H WARNER antes in connection therewith, shall ty Superintendent of Highways, and NOES SUPERVISORS NONE give notice to the County Engineer before work thereon is begu i such ABSENT SiUPERVISORS JAMES of the County of Orange, of the Superintendent of Highways shall A BAlii+:R AND WILLARf) SMITH time when and place where it will be notified thereof and shall direct 1N WITNESS WHEREOF, I have begin the laying of said line or the the location of such lines and ap- hereunto set my hand and affixed installation of said appliances, and phances the official seal of the Board of the laying of said pipe lines and SECTION 9 That the said grant- Supervisors of Orange County, Cali- the installation of said appliances ee shall,_ during----fhe life of raid fornia, this 25th day of June, 1946 in connection therewith shall be un- franchise, pay to the County of (SEAL) der the control and supervision of Orange,_-m lawful� money of�he B J SMITH the County Engineer of said Coun- united States, two percent of the County Clerk and ex-officro ty of Orange, and the location of gross annual receipts`of said grantee Clerk of the Board of Super- sail pipe lines and the appliances in arising rrom the use, operation or visors of Orange County, i connection therewith shall be land Possession of said tranchrse NI California at least fifteen (15) feet distant percentage_ shall-be pafdlfor the Published in Huntington Beach News from the center line of the high- first live _(5)_years succeeding the June 27th and July 4th, 1946 r —-2?- el 7-y1,J ' 11 Published Huntington Beach News, der the control and supervision of ch se, but thereafter such percent- January 24, dl, 1946 the County Engineer of said County age shall—be �a aF le annu—Iry And ORDINANCE NO 486 of Orange, and the location of sald it shall be the duty of the grantee of AN ORDINANCE OF THE BOARD pipe lines and the appliances in said franchise tr file with the OF SUPERVISORS OF THE connection therewith shall be laid at Clerk of the Loud of Supervisors of COUNTY ORANGE, GRANT- least fifteen (15) feet distant from said County of Orange, at the expL- I N G TO THE WILSHIRE RA OIL CO M- the center line of the highways ration of six 3 ears from d the ate of PANT, INC, ITS SUCCESSORS along the above described course, and t�antmg ofsai franchise, and AND ASSIGNS, A FRANCHISE at such places therein as shall be yptthe expirattion of each year there- TO LAY, CONSTRUCT, REPAIR designated by said Engineer and the a er, a s a emcn', verified y oa AND MAINTAIN A STEEL PIPE said grantee shall pay to the County u sal gran ccs, or by the oath of of Orange, the reasonable cost of the manager oil piesiding officer of LINE IN AND ALONG CERTAIN PUBLIC HIGHWAYS IN THE the supervision as herein provided slid grantee, 'showin in detail the COUNTY OF ORANGE, STATE within thirty days atter the com- total gross red ipts and gross earn- OF CALIFORNIA Pletton thereof, upon certification of in collected or receiv Ic ma— y_ said _ the amount due thereunder to said grantee clurmg the preceding twelN e The Board of Supervisors of the Grantee by said County Engineer months arising from the use and Count of Orange do ordain of the SECTION 4 The work of con- o�inership of said pipe lines for the y structing said pipe lines shall be construction and operation of whim Ions commenced in good faith within not gala franchise is granted, and with- SECTION 1 That the franchise more than four months from the in ten da s at ter the time for film right or privilege'is hereby gra_ned date of the ^ranting of said fran- of the atoresai statement rt shall to t tl e lYils ire i Zomuanc, chise and shall thereafter, during the be the duty of said grantee to pay its successors and assi ns to lay, terms of said franchise, be prosecut- to the County 'treasurer of the construct repair and maintain a ; ed diligently and in good faith so as County of_ range the ag regato steel pipe brie for the purpose of to meet and fill the reasonable needs sum of said percentane upon the transporting oil, gas, gasoline and of the inhabitants of the territory for amount of the dross annual receipts all other hydrocarbon substances, in the service of which said franchise arising from the use, operation or and along Bushard Street and Quin- is granted possession of said franchise, and cy Street (also called Adams Street), SECTION 5 That all Pipes and if the amount paid is incorrect, in public roads and highways :)f the pipe lines laid under the terms of the judement of said Board of Super- County of Orange, State oc Cali- said franchise, shall be so laid that visors, they may order the payment fornia, and described as follows, to- the top of said pipe shall be not of such additional sum as they may wit less than sixteen (16) inches from find due thereunder, and if not paid A right of way in the County of the bSurface of said highways the same may be collected by suit Orange for a 6" pipe line the SECTION 6 That the grantee of And any neglect, omission or refus- center line of which is described said franchise shall, within thirty al ot said gran ee to fie said veri- as follows Beginning at a point days after the completion of the lay- nea ,tLtenient or to pay the said 3' Nest of the easterly side line ing of said pipe lines, or any per- p,rrert_°e ot sari ;robs annual re- of Bushard Street and 1400' tion thereof, file in the office of the ceipis at the time or in the manner South of the center line of Ban- County Superintendent of Highways roil einfcre provided shall i so ning Avenue in Section 19, of the Coun.� of Orange, a map acl o woi'-a fortes ure o sal Township 6 South, Range 10 showing the location of said pipe `rincr­ce arc[ of all rights thereun- Nest, S B B & M , thence lines and the depths of said pipe der to ounty of range northerly along Bushard Street lines beneath the surface thereof SEC'tIOS 10 That said franchise and parallel to the center line SECTION ^ That the grantee of and authority h,re,n given and thereof, a distance of 225 miles, said iranchrs­ shall rres,.,ve the granted are granted in pursuance of mole or less, to a point which County of Or_-ge harmless trom the a resolution of .ri, Board of Su- is 6' North of the South side line results of any accidert or injuries pervisors duly _a,sed and adopted of Quincy Street (also called Ad- to the traveling pub,ec during the at a regular meeting of this Board ams Street), thence westerly construction or layin of said' pipe held on the 15th day of January, along Quincy Street and parallel lines and at all times so P^escrve the 1946, accepting the bid, offer and to the center line thereof, a dis- County of Orange harmless from the tender of said AViishue Oil i,om- tance of 1 47 miles, more or less, results of any accidents or injuries luny, Inc, for said franchise and to a point which is 9 5' East of to the traveling public or the proper- awarding the said franchise to it as the City Limits of Huntington ty of any person during the con- the highest and nest bidder there- Beach, thence northwesterly to a struction or laying of said pipe for point on the City Limits of Hunt- lines and the operation thereot,or any SECTION 11 ?'iat th,s Ordinance ington Beach 14 5 South of the appliance in connection therewith at shall take effect` n Force center line of Quincy Street any time thereatter SECTION 2 That the aforesaid SECTION 8 That the grantee of t'hirt f (3b)days fro an after e franchise right or privilege is given said franchise will, if the Beard of Passage, arc a er pu - a ted to said�Viishire-biI Supervisors of the County of Orange hcation tserli oT—for at least one CompanyInc, its successors an shall so order, change t..e 1. 'ttion weer within fifteen days from a and assig_n�s, for a peso o ty Maio) of said pipe lines, traps or m irholes, niter the date , its passage, in re- years from and after the date of the maintained or operated under said quired by law, in sp Huntington passa e and taken ff ct Y th a franchise, so as to conform to the Bea^h News, a newspaper Printed Ordinance requiremlents of said Board in any and published in said County of SUCTION 3 The grantee of said improvements of said highways upon Orange franchise shall have the right to con- hich said pipe lines or appliances (SEAL) struct and maintain such traps and 'are maintained NIL,LIS H WARNER, manholes as may be necessary to af- That the grantee of said franchise Chairman of the Board of Super- ford proper access to said pipeline will not, in laying or maintaining visors of Orange County, Calif- for clearing and maintaining the said pipe lines or any appliances in ornia same, providing such traps and connection therewith, cut or other- ATTEST manholes shall be at all times kept wise break the paved portion of any B J SMITH, flush with the surface of the street highways, but if it becomes necess- County Clerk and ex-officio or highways and so located as to ary to cross the same will tunnel Clerk of said Board of Super- conform to the order of the Board or bore thereunder and when said visors of Supervisors in regard thereto, and line or appliances are so laid refill STATE OF CALIPORXIA) not to interfere with the use of the tunnel or bore and tamp the ss such highway for travel The gran- earth therein, so that the support COUNTY OF ORANGE ) tee of said franchise shall also have of any pavement may not be weals- I, B J SAIITH Courty Clerk and the right, subject to such regula- ened or destroyed That said grantee ex-officio Clerk of the Board of Su- tions as are now or hereafter may shall, during the process of con- pervisors of Orange County, Caht- be in force, to make all necessary struction of said pipe lines and ap- rrnia, do hereby cei tify that aL a excavations in said highway for the pliances and the laying thereof, regular meeting of the Board of Su- laying, construction and repair of maintain all necessary barriers, Pervisors held on the 22nd day of said pipe lines, traps, and man- warning signs and red light signals January, 1946, the foregoing Ordi- holes sufficient to protect the traveling nance, containing eleven sections, That all pipes and pipe lines, Public from injury during the con- was considered section by section, traps and manholes maintained under struction or laying thereof and if and that the said Ordnance was said franchise shall be of good ma- necessary will maintain watchmen then passed and adopted is a whole terial and workmanship, and said and take all and such other precau- by the following vote pipe lines shall be lard and con- tions as may be necessary to protect AYES SUPERVISORS JAIIES A strutted at least fifteen (15) feet the public from injury or damage, and BAhER, WILLARD S Ill d T H, distant from the center line of the all pipe lines and appliances shall FRED C ROWLAND, IRVIN highways along the above described be lard under the supervision and GEO GORDON AND WILLIS H WARNER course, and so lard and constructed control of the County Superintendent NOES SUPERVISORS NONE as not to interfere with the public of Highways, and betoze world there- right to travel over, alongand across on is begun such Surer r,cndent of ABSENT SUPERVISORS NO\T said roads, or to do any damage of Highways shall be rut. ell thereof iiN WITNESS NHPRPOF, I have a permanent nature thereto and shall direct the loc it,on of such hereunto set my hand ^nd artixed That the said grantee prior to the lines and appliances the official seal of the Boi.d of Su- laying of any pipe lines or a ph crnia - SECTION 9 That the said grantee pervisors of Orange County, C: t- ances in connection therewith, shall shall, during the life of said fran- , this 22nd day o: Ja: :iy, 1946 give notice to the County Engineer chise, pay to the County of Orange, of the County of Orange, of the in lawful money of the United States (SEAL) time when and place where it will two percent of the gross annual re- B J SJIITt begin the laying of said line or the cet—pEs o saidf gran ee arising from County Clerk and eti-otficio Installation of said appliances, and the use;_operaEion or possession oP of the Board of Suncrvisor, the laying of said pipe ones and said franchise �STo ercenta e shall Orange County, California the installation of said appliance sa na—id7 for the first ivo )_years Published Huntington Busch in connection therewith shall be un succeeding the date of said fran- January 24th and 31st, 1946 ORD. V Cam/ 6