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HomeMy WebLinkAboutFY 1979/1980 Gas Tax Budget - Copy of Resolution 556 of the REQUEST FOR CITY COUNCIL ACTION Submitted by Paul E. Cook ( / Department Public Works Date Prepared June 12 , 19 80 Backup Material Attached TS1 Yes No Subject REVISION OF FISCAL 1979-80 GAS TAX BUDGET City Administrator's Approve as recommended . ""'--"'"'•-- -:� i CITY CLER Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: cam" yB Statement of Issue: p Council approval is required for revision of the Fiscal 1979-80 Gas Tax budget. Recommendation. Approve the revision. Analysis: Due to changes in plans, unforeseen emergencies, and funding alterations (i.e. loss of FAU support because of Federal budget cuts and a decline in estimated revenue), an end of the year revision of the 1979-80 Gas Tax budget is necessary. Some projects have been canceled (CC 425, 500, 502); some have been postponed (CC 299, 342); and others are new"(CC 506, 508, 510). A revised project list is attached. The anticipated fund balance after this revision will be $401,678. Funding Source: City Gas Tax Funds PEC:JS:de . f Pio ins Reso 0 5156 company for consumption or use for such industrial purposes within the corporate limits of the City of Huntington Beach, and WHEREAS, individuals, corporations and associations have petitioned or about to petition the Board of Trustees of the City of Huntington Beach for authority and permission to engage within said City in the business of manufacturing gasoline from natural gas as well as the business of con- ducting and operating absorption plants in said City, as well as for the privilege to lay, maintain and operate gas lines in the public streets, parks, alleys and other public places, for the purpose of collecting natural gas and delivering gas to individuals, corporations, partnerships and associations for industrial purposes and for use in boilers and oil: wells, and WHEREAS, if granted such privilege to conduct such business and lay and operate such gas lines for the pur- poses mentioned there would result a loss of income to the City of Huntington Beach from its gas business and a loss of the established revenue of the City of Huntington Beach, by reason of curtailment and possible stoppage of delivery of gas for such purposes by Southern Counties Gas and by the City of Huntington Beach, NOWv THEREFOREs it is hereby, RESOLVED: That it be, and there is hereby established, a license tax on One and One-=quarter (1-J) Cents per thou- sand cubic feet upon all gas conveyed through such lines and used or consumed within the City of Huntington Beach as fuel for the generation of poser or for use in gas engines, or for any other industrial uses except as otherwise herein pro- 20 Reso o 556 prided, and RESOLVED: That every person, firm copartnership, corporation, syndicate, or association shall, as a condition precedent to the installing, maintenance, and operation of said gas lines pursuant to authority of this Board of Trustees exe- cute and deliver to and with the City of Huntington Beach an agreement in form and substance aubstentially as follows: GAS LINE AGREEMENT THIS INDENTURE, made this. . . . . . .day of . . . . . . . . . .19269 by and between. . . . or . . . . . . , , . , .the party of the first part, and Charles Go Boater, president of the Board of Trustees of the City of Huntington Beach, County of Orange, State of California, in his official capacity, and for and on behalf of the said City of Huntington Beach, and not on his ovm behalf or individually, the party of the second part: WITNESSETH THAT, WHEREAS, the party of the first part has filed with and presented to the Board of Trustees of the City of Huntington Beach application for permit to lay and install certain pipe lines within said City, as shown on a map or plat and diagram of said proposed lines, for the conveyance of gas for power and industrial purposes, to-wit'.- For use in steam boilers and for pumping oil wells or oil field operations, and for no other purpose or purposes whatsoever; and WHEREAS, the said City of Huntington Beach owns and controls a gas distributing system in said City, by and through which system the City of Huntington Beach is able to furnish and supply all such power and industrial gas; 30 Reso 3556 NOW; THEREFORE, in consideration of the premises and the issuance of said permits the pasty of the first part agrees as follows; FIRM It is agreed that the pa37ty of the first part s1z;3:11 pay to the party of the second part one and one quarter (l ) cents per thousand cubic feet of all dry gas conveyed through any such pipe line installed pursuant to said permit, and used for any and all said purposes, excepts (a) Gas conveyed through such pipe line purchased, ob- tained or delivered from or to Southern Counties -Gas Company of California, a corporation; (b) Gas consumed by the party of the first part in its own ,D perationo (c) Gas used for the circulating and recirculating in oil wells for the purpose of producing the same. SECOND: It is understood by the party of the first part that Southern Counties Gas Company of California, a corporations is required to pay said one and one-quarter (1j) cents per thousand cubic foot rate to the City of Huntington Beach under a like arrangement. THIRD: Party of the first part agrees to measure through adequate and proper meters installed in said lines or such gas conveyed through the same and deliver a complete statement thereof and remittance and payment hereunder to the City of Huntington Beach on the first day of eaoh ��td every succeeding .month. FOURTH: It is agreed that the permit pursuant to which this contract is made, so far as such power and industrial gas lines are concerned shall at all -times remain cancelable and terminable at the will of the Board of Trustees of said. 4. Reso. 1556 City of Huunti.ngton. Beach, upon thirty days notice in writings pIPTH: It is agreed that no right or privilege granted by said permit shall be trELnsferred, assigned or incumbered without consent of the Board of Trustees of the City of Huntington Beach; provided that such permit shall at all 'tines remain cancelable and terminable as aforesaid for breach of this agreement. SIXTH: It is agreed that the party of the first part will conform to and observe all ordinances, rules and reg- ulations of the City of Huntington Beach pertaining to the subject matter of this agreement. IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed with all the forms re- quired by lair, on this . . . . . . . . . . .day o . . . . . . . . . . . . . . vaea1926a And that; no such gas lines ::-hall be installed, maintained, or operated for the aforesaid purpose of delivering indust- rial gas prior to the proper execution and delivery of said agreement, and RESOLVED: That any permit of evidence of authority executed to any such person, firm, co-partnership, cor- poration, association or syndicate shall be effective for any purpose or purposes whatsoever prior to the proper execution and delivery of said agreement, and any such permit, per- raission or authority shall be cancelable and terminable by the Board of Trustees of the City' of Huntington Beach for breach of said agreement. The City Clerk shall certify to the adoption of this resolution and the same shall take effect immediately. 5. Reso. 556 Passed- and adopted this 30th day of .August, , 1926. CHASo G. ROSTER President of a Hoard of 'rus ees of the City of Huntington Beach, California. ATTEST: C. R. PURR flity Clark and Ei-o ic1.o of the Hoard of Trustees of the City of Huntington Beach. STATE OF CALIFORNIA � c SSo COUNTY OF ORANGE 19 Co R. F'urr, City Clerk and Ex-officio Clerk of the Ik)ard of Trustees of the City of Huntington Beach hereby certify that the foregoing resolution was introduced and . read and adopted at. a regular meeting of the Beard of Trustees held on the 30th day of August, 1926, and was a.dop'4ed by the following votes Tees Trustees: MITCHELL, HARRIS, BOSTER Does Trustees: WORE Absent Trustees: WHARILON RIDENOUR C. R. PURR city erg an E -officio Clerk o the Board of Trustees of the City of Huntington Beach. 60 - RESOLUTION NO. 556 RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF HUNTINGTON BEACH FOR REVENUE AND REGULATION OF CERTAf,L BUSINESS CONDUCTED IN SAID CITY, FOR THE PROTECTION OF THE INCOME OF SAID CITY FROM ITS GAS BUSINESS. The Board of Trustees of the City of Huntington Beach resolee. as follows: WHEREAS, the City of Huntington Beach owns and con- trols the gas distributing system in said City whereby the . inhabitants of said City are furnished with gas for fuel, heats light and all domestic purposes, and power purposes, and WHEREAS, the said City of Huntington Beach has issued its evidence of authority to Southern Counties Gas Company of Californiat a corporation, for the maintenance of gas lines and distribution of gas for power and industrial pur- poses in the oil fields, and WHEREAS, as a condition precedent to the issuance of the permit and authority to said Southern .Counties Gas Company of California, to lay and Maintain its gas lines and distribute industrial gas and gas for use in. .oil wells and boilers for the operation of oil wells, did require the said Southern Counties Gas Company of California to execute its agreement with the City of Huntington Beach for payment to the City of Huntington Beach of One and One-fourth (1-J) cents per thousand cubic feet for all gas delivered by said gas REVISIONS TO FY 1979-80 GAS TAX PROJECT LIST I. Delete or Postpone: 299 Widen Yorktown - Beach to Main $ 903,000 342 Edinger Signals and Reconstruction 618,000 425 Reconstruct Edinger/Springdale 1,240,000 500 Brookhurst Interconnect 15,000 502 Improve Warner Avenue 30,000 $2,886,000 2. Add or Increase: 228 Beach Blvd. Interconnect $ 27,092 250 Ellis Avenue Underpass 13,567 251 Yorktown Right-of-Way 53,000 300 Widen McFadden - G.W. to 405 85,460 423 Springdale St. Improvement 142,554 427 Traffic Signals - G.W.C. 49,214 433 Saybrook St. Improvements 26,552 448 Traffic Signals (Phase 11) 120,458 449 T.S. Goldenwest @ McFadden 6,487 463 Frankfort Reconstruction 33 467 Rodgers/Kern Storm Drain 438 506 Transportation Center Study 6,000 508 Bolso Chica Rehabilitation 3,000 510 Adams Avenue Striping 16,000 515 Redondo Street Alignment 25,000 520 Warner/Lynn Improvements 1,000 $ 575,855 1 REVISED GAS TAX FUND FY 1979-80 ASSETS Fund Balance (6-30-79) $1,644,363 Encumbrances $1,443,458 Revenue (FY 1979-80) $1,767,150 Other Participants $1,493,809 Total Assets $6,348,780 EXPENDITURES Encumbrances $1,443,458 Transfer to General Fund $ 780,000 Projects $3,723,644 Total Expenses $5,947,102 Anticipated Fund Balance $401,678 REVISED GAS TAX PROJECT LIST: FY 1979-80 CC DESCRIPTION FUNDING OTHERS GAS TAX TOTAL 248 Widen Talbert Avenue-Gothard to Newland 401,000 414,000 815,000 380 Resign Old Town Area 29,059 3,230 32,289 393 Warner Avenue Bridge Replacement 630,000 -0- 630,000 412 Warner Avenue Improvements at Goldenwest 40,000 190,000 230,000 427 Traffic Signal, Goldenwest at G.W.C. 30,000 42,000 72,000 428 T.S. Edinger at G.W.C. and Gemco 33,500 42,000 75,500 434 Widen Slater-Goldenwest to Newland 215,000 225,000 440,000 446 Widen Heil-Beach Blvd. to Silver Lane -0- 90,000 90,000 449 Improve Signals, Goldenwest at McFadden 28,750 44,250 73,000 462 Traffic Signal, Goldenwest at Ellis -0- 140,000 140,000 465 . Newland Sidewalk Construction 29,000 11,000 40,000 467 Rogers/Herbert Storm Drain -0- 25,000 25,000 493 Traffic Signal, Goldenwest at Palm 37,500 37,500 75,000 501 Traffic Signal, Main at Deleware 20,000 60,000 80,000 503 Widen Edinger Avenue (Engineering) -0- 30,000 30,000 504 Lower Yorktown -0- 25,000 25,000 505 Trophy Lane Storm Drain -0- 25,000 25,000 Miscellaneous Street Resurfacing -0- 200,000- 200,000 Contingency 50,000 50,000 $1,493,809 $1,653,980 $3,147,789 Revisions 575,855 $3,723,644 ew �o REQUEST FOR CITY COUNCIL ACTION Paul E. Cook " Public Works Submitted by Department Date Prepared December 28 , �g 79 Backup Material Attached ® Yes No Subject Approval Gas Tax Project List City Administrator's Comments QVZD BY CITY COUNCIL Approve as recommended. crry Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: UG Statement of Issue: No official gas tax project list has been approved by the City Council for Fiscal 1979-80. Council approval is required to authorize the Director of Finance to encumber the projects. Recommendation: Approve the project list and authorize the Director of Finance to encumber the projects. Analysis : Due to the resignation of the City Engineer, the Director of Public Works and the Engineer Planner in the spring and summer of 1979 , no formal gas tax project list was prepared for Council approval. Page 289 of the 1979- 80 Annual Budget notes that the "project list is to be determined. " The task is now complete and requires Council approval. The._ projects listed on the attachment have been previously presented to Council for approval on an individual basis, but the project list (ie. Gas Tax Budget) has not been approved. The list constitutes the Special Gas' Tax budget for Fiscal 1979-80 , and totals $6 ,033,789 . 00 . Other agencies will provide $3 ,475 , 809.00 of this total. Projects numbered in the 200 ' s or 300 ' s are under construction and approaching completion. Projects in the 400 ' s are entering construction, and those in the 500 ' s are in the design and planning stages. -The item Miscellaneous Street Resurfacing is for the repair and maintenance of existing streets and the contingency will cover any exceptional costs or unforseen projects. Funding: t City Gas_.tax $2',557,980 Other Agencies $3,475,809 PEC:JS: lw �� I[ • GAS TAX PROJECT LIST FY 1979-80 CC DESCRIPTION: FUNDING OTHERS GAS TAX TOTAL 248 Widen Talbert Ave. - Gothard to Newland 401.;000 41:41000 815,000 299 Widen Yorktown - Beach to Main 473,000 510,000 983,000 342 Upgrade Edinger Traffic Signals 513,000 105,000 618,000 380 Resign Old Town Area 29,059 3,230 32,289 393 Warner Ave. Bridge Replacement 630,000 -0- 630,000 412 Warner Ave. Improvements at Goldenwest 40,000 190,000 230,000 425 Reconstruct Edinger/Springdale 996,000 244,000 1,240,000 427 Traffic Signal, Goldenwest at G.W.C. 30,000 42,000 72,000 428 Traffic Signal, Edinger at G.W.C. and Gemco 33,500 42,000 75,500 434=_ Widen Slater - Goldenwest to Newland 215,000 225,000 440,000 446 Widen Heil - Beach Blvd. to Silver Lane -0- 90,000 90,000 449 Improve Signals, Goldenwest at McFadden 28,750 44,250 73,000 462 Traffic Signal, Goldenwest at Ellis -0- 140,000 140,000 465 Newland Sidewalk Construction 29,000 11,000 40,000 467 Rogers/Herbert Storm Drain -0- 25,000 25,000 493 Traffic Signal, Goldenwest at Palm 37,500 37,500 75,000 500 Brockhurst Interconnect (Engineering) -0- 15,000 15,000 501 Traffic Signal, Main. at Delaware 20,000 60,000 80,000 502 Improve Warner Ave. (Engineering) -0- 30,000 30,000 503 Widen Edinger Ave. (Engineering) -0- 30,000 30,000 504 Lower Yorktown -0- 25,000 25,000 505 Trophy Lane Storm Drain (Engineering) -0- 25,000 25,000 Miscellaneous Street Resurfacing -0- 200,000 200,000 Contingency -0- 50,000 50,000 3.;475,809 2,557,980 6,033,789 � 1 GAS TAX FUND FY 1979-80 ASSETS Fund Balance (6-30-79) . . . . . . . . . . . . . . . . . . . . . . . $1,644,363 Encumbrances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,443,458 Revenue (FY 1979-80) . . . . . . . . . . . . . . . . . . . . . . . . . 1, 890, 000 Other Participants. . . . . . . . . . . . . . . . . . . . . . . . . . 3 ,475 , 809 Total Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . $8, 453 ,630 EXPENDITURES Encumbrances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1, 443, 458 Transfer to General Fund. . . . . . . . . . . . . . . . . . . . . 780 ,000 Projects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ,033,789 Total Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . $8,257 ,247 Anticipated Fund Balance.. . . . . . . . . . . . . . . . . . $ 196 , 383 �. 6 CITY OF HUNTINGTON BEACH L` INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH _ To Floyd G. Belsito, �\ From Paul E. Cook, City Administrator \ Director of Public Works Subject AVAILABLE FUNDS IN GAS Date November 16, 1979 TAX ACCOUNT The data sheet attached in Agenda Item M-5 shows the proposed gas tax projects for the 1979/80 Fiscal Year. We are not proceeding with the Yorktown Street widening - 300 feet to 500 feet east of Beach estimated at $150, 000 - because we -.have learned that development of the adjacent property within the next two years will provide the City with the full street improvements at no cost. Therefore, there will be sufficient funds in the Gas Tax Account to proceed with the Adams Avenue restriping (Agenda Item M-5) :and the Newland Street block wall and sidewalk (Agenda Item N-1) .. PEC:pj 0 I � RESOLUTION NO. 556 RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF HUNTINGTON BEACH FOR REVENUE AND REGULATION OF CERTAIN BUSINESS CONDUCTED III SAID CITY9 FOR THE PROTECTION OF THE INCOME OF SAID CITY FROM ITS GAS BUSINESS. The Board of Trustees of the City of Huntington Beach resolve as follows® WHEREAS, the City of Huntington Beach owns and con- trols the gas distributing system in said City whereby the inhabitants of said City are furnished with gas for fuel, heat, light and all domestic purposes, and power purposes, and WHEREAS, the said City of Huntington Beach has issued its evidence of authority to Southern Counties Gas Company of California's a corporation, for the maintenance of gas lines and distribution of gas for power and industrial pur- poses in the oil fields, and WHEREAS, as a condition precedent to the issuance of the permit and authority to said Southern -Counties Gas Company of California, to lay and ; aintain its gas lines and distribute industrial gas and gas for use in oil wells and boilers for the operation of oil wells, did require the said Southern Counties Gas Company of California to execute its agreement with the City of Huntington Beach for payment to the City of Huntington Beach of One and One-fourth (1--) cents per thousand cubic feet for all gas delivered by .said gas Reso. 556 company for consumption or use for such industrial purposes within the corporate limits of the Cites of Huntington Beach, and WHEREAS, individuals, corporations and associations have petitioned or about to petition the Board of Trustees of the City of Huntington Beach for authority and permission to engage within said City in the business of manufacturing gasoline from natural gas as well as the business of con- ducting and operating absorption plants in said City,, as well. as for the privilege to lay, maintain and operate gas limes in the public streets, parks, alleys and other public places, for the purpose of collecting natural gas and delivering gas to individuals, corporations, partnerships and associations for industrial purposes and for use in boilers and oil wells, and WHEREAS, if granted such privilege to conduct such business and lay and operate such gas lines for the pur- poses mentioned there would result a loss of income to the City of Huntington Beach from its gas business and a lass of the established revenue of the Cityxof Huntington Beach, by reason of curtailment and possible stoppage of delivery of gas for such purposes by Southern Counties Gas and by the City of Huntington Beach, %SOW, THEREFORE, it is hereby, RESOLVED: That it be, and there is hereby established, a license tax on One and One-quarter (li-) Cents per thou- sand cubic feet upon all gas conveyed through such lines and used or consumed within the City of Huntington Beach as fuel for the generation of power or for use in gas engines, or for any other industrial uses except as otherwise herein prom 20 Reso, 556 prided, and RESOLVED: That every person, firm co-partnership, corporation, syndicate, or association shall, as a condition precedent to the installing, maintenance, and operation of said gas lines pursuant to authority of this Board of Ti-astees exe- cute and deliver to and with the City of Huntington Beach an agreement in fora and substance substantially as follows: GAS LINE AGREEMENT THIS INDENTURE, made this. . . . . . .day of .. . ° 000so91926, by and between. e . o o . . . o 0 o e 4 . o o .the party of the first mart, and Charles G. Boster., president of the Board of Trustees of the City of Huntington Beach, County of Orange, State of California, in his official capacity, and for and on behalf of the said City of Huntington Beach, and not on his ovrn behalf or individually, the party of the second par t WITHE SSETH TRAT, WHEREAS, the party of the first part has filed with and presented to the Board of Trustees of the City of Huntington Beach application for permit to lay and install certain pipe lines within said City, as ohown on a map or plat and diagram of said proposed lines, for the conveyance of gas for power and industrial purposes, to-wit:-. For-use in steam boilers and for pumping oil wells or coil field operations, and for no other purpose or purposes whatsoever; and WHEREAS,, the said City of Huntington Beach owns and controls a gas distributing system in said C-Jty, by and. through which system the City of Huntington Beach is able to furnish and supply all such ;power and. industrial gas.- 30 Reso. 556 ROWv THEREFORE, in consideration of the premises and the issuance of said permit, the party of the first part agrees as follows; FIRST- It is agreed that the party of the first part shall pay to the party of the second part one and one quarter (11,) cents per thousand cubic feet of all dry gas conveyed through any such pipe line installed pursuant to said permit, and used for any and all said purposes,, except, (a) Gas conveyed through such pipe line purchased, ob- tained or delivered from or to Southern Counties Gas Company of California, a corporation- (b) Gas consumed by the party of the first part in its per, ,�j�p q,}�q� -own D-,pe ation. ' (c) Gas used for the circulating and recirculating in oil wells for the purpose of producing the same. SECOND: It is understood by the party of the first part that Southern Counties Gas Company of California, a corporation, , is required to pay said one and one--quarter (li) cents per thousand cubic foot rate to the City of Huntington Beach under a like arrangement THIRD: Party of the first part agrees to measure through adequate and proper meters installed in said lines or such gas conveyed through the same and delver a complete statement thereof and remittance and ?payment hereunder to the City of Huntington Beach on the first day of each &L d every succeeding month. FOURTH: It is. agreed that the permit pursuant to which this contract is made, so far as such power and industrial gas Lines are concerned shall at all times remain cancelable and terminable at the will of the Board of Trustees of said 4. Reso. 556 City of Huntington Beach, upon thirty days notice in writing. FIFTH: It -is agreed that no rig'--,At or privilege granted by said permit shall be transferred, assigned or incumbered without consent of the Board of Trustees of the City of Huntington Beach; provided that such permit shall at all .tines remain cancelable and terminable as aforesaid for breach of this agreement. SIXTH: It is agreed that the party of the first part will conform to and observe all ordinances, rules and reg- ulations of the City of Huntington Beach pertaining to the subject matter of this agreement. . IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the forms re- quired by law, on this . . . . . . . . . . .day of . . . . . . . . . . . . . . e . . .1926. And that no such gas lines :shall be installed, maintained, or operated for the aforesaid purpose of delivering indust- rial gas prior to the proper execution and delivery of said agreement, and RESOLVEDi That any permit of evidence of authority executed to any such person, firm, comparteLership, cor- poration, association or syndicate shall be effective for any pu-Tpose or purposes whatsoever prior to the- proper execution and delivery of said agreement, and any such permit, per- mission or authority shall be cancelable and terminable by the Board of Trustees of the City of Huntington Beach for breach of said agreement. The City Clerk shall certify to the adoption of this resolution and 11-he same shall take effect immediately. 5. 'LiNV J �1�U Passed and adopted this 30th day of Augu t, 1926. _ CHAS. G. BOSTER Pres f -the Board of Trus ees of the City of Huntington Beach, California. ATTEST: _ C. R. PURR P; y Jerk & -Miclo C er�t of the Board of Trustees of the City. of Huntington .Beach. STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE I, C. R. Farr, City Clerk and Ex-officio Clerk of the Board of Trustees of the City of Huntington Beach hereby certify that the foregoing resolution was introduced and . read and adopted at a regular meeting of the Board of Trustees held on -the 30th day of .Augusta 1926, and was adopted by the following rotes o Ayes Trustees: MITCIULL HARRIS, BOSTER Hoes .Trus tees d NONE Absent Trustees: WHARTON2 RIDENOUR C. R. PURR Ca y ler an Ex-o ficio erk oil the Board of Trustees of the City of Huntington Beach. 6. RESOLUTION NO.. 556 RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF HUNTINGTON BEACH FOR REVENUE AND REGULATION OF CERTAIN BUSINESS CONDUCTED IN SAID CITY9 FOR THE PROTECTION OF THE INCOME OF SAID CITY FROM ITS GAS BUSINESS. The Board of Trustees of the City of Huntington Beach resolve as follows: WHEREAS, the City of Huntington Beach owns and con- trols the gas distributing system in said City whereby the inhabitants of said City are furnished with gas for fuel, heat, light and all domestic purposes, and power purposes, and WHEREAS, the said City of Huntington' Beach has issued its evidence of authority to Southern Counties Gas Company of California's a corporation, for the maintenance of gas lines and distribution of gas for power and industrial pur- poses in. the oil fields, and V►HEREAS9 as a condition precedent to the issuance of the permit and authority to said Southern -Counties Gas Company of California, to lay and =aintain its- gas lines .and distribute industrial gas and gas for use in oil wells and boilers for the operation of oil wells, did require the said Southern Counties Gas Company of California to execute its agreement with the City of Huntington Beach for payment to the City of Huntington Beach of One and One--fourth (11,) cents per thousand cubic feet for all gas delivered by said gas Reso a 51:6 company for consumption or use for such industrial purposes within the corporate limits of the City of Huntington Beach, and WHEREAS, individuals, corporations and associations have petitioned or about to petition the Board of Trustees of the City of Huntington Beach for authority and permission to engage within said City in the business of manufacturing gasoline from natural gas as well as the business of con- ducting and operating absorption plants in said City, as well as for the privilege to lay, maintain and operate gas lines in the public streets, parks, alleys and other public places, for the purpose of collecting natural gas and delivering gas to individuals, corporations, partnerships and associations for industrial purposes and for use in boilers and oil wells, and WHEREAS, if granted such privilege to conduct such business and lay and operate such gas lines for the pur- poses mentioned there would result a lose of income to the City of Huntington Beach from its gas business and a loss of the established revenue of the City of Huntington Beach, by reason of curtailment and possible stoppage of delivery of gas for such purposes by Southern Counties Gas and by the City of Huntington Beach, NOW9 THEREFOREr it is hereby, RESOLVED: That it be, and there is hereby established, a license tax on One and One-quarter (lj-) Cents per thou- sand cubic feet upon all gas conveyed thorough such lines and used or consumed within the City of Huntington Beach as fuel for the generation of power or for 'use in gas engines, or for any other industrial uses except as otherwise herein pro- 2. t� 1 Reso, 556 vided, and RESOLVED: That every person, firm co-partnership, corporation, syndicate, or association shall, as a condition precedent to -the installing, maintenance, and operation of said gas lines pursuant to authority of this Board of Trustees exe- cute and deliver to and with the City of Huntington ]Beach an agreement in form and substance substantially as follows: GAS LINE AGREEMENT. THIS INDENTURE, made this. . . . . . .day of o . . . . . . . . .19269 by and between. . . . . .. . . . . . . . . . . .the party of the first part, and Charles G. Boster, president of the Board of Trustees of the City of Huntington Beach, County of Orange, State of California, in ijis official capacity, and for and on behalf of the said City of Huntington Beach, and not on his o%rn behalf or individually, the party of the second parts WITHE,SSETH THAT, WHEREAS, the party of the first part has filed with and presented to the Board of Trustees of the City of Huntington Beach application for permit to lay and install certain pipe lines within said City, as shown on a map or plat and diagram of said proposed lines, for the conveyance of gas for power and industrial purposes, to-wit*-. For use in steam boilers and for pumping oil dells or oil field operations, and for no other purpose or purposes whatsoever-, and WHEREAS, the said City of Hrmtitgton Beach owns and controls a gas distributing system in said City, by and: through which system the City of Huntington Beach is able to furnish and supply all such power and industrial gas; 3. Re.o. 556 HOWv THEREFORE, in consideration of the premises and the issuance of said permit, the party of the first part agrees as follows; FIRST: It is agreed that the party of the first past se—he pay to the party of the second part one and one quarter (1 ) cents per thousand cubic feet of all dry gas conveyed through any such pipe line installed pursuant to said permit, and used for any and all said purposes, except, (a) Gas conveyed through such pipe line purchased, ob- tairaed or delivered from or to . Southern Counties Gas Company of California, a corporation (b) Gas consumed by the party of the first part in its own operation. (a) Gas used for the circulating and recirculating in Oil wells for the purpose of producing the same:. SECOND: It is understood by the party of the first part that Southern Counties Gas Company of California, a corporation, is required to pay said one and one-quarter (1j) cents per thousand cubic foot rate to the City of Huntington Beach under a like arrangement. THIRD: Party of the first part agrees to measure through adequate and proper meters installed in said lines or such gas conveyed through the same and delver a complete statement thereof and remittance and payment hereunder -to the City of Huntington Reach on the first day of' each rl"L d every succeeding month. FOURTH: It is agreed that the permit pursuant to which this contract is made, so far as such power and industrial gae lines are concerned shall at all times remain cancelable and terminable at the will of the Hoard of Trustees of said 4. 4W 1 p Reso. 1556 City of Huntington Beach, upon thirty days notice in writing. FIFTH: It is agreed that no right or privilege granted by said permit shall be transferred, assigned or incumbered without consent of the Board of Trustees of the City of Huntington Beach; provided that such permAt shall at all times remain cancelable and terminable as aforesaid for breach of this agreement. SIXTH: It is agreed that the party of the first part will conform to and observe all ordinances, rules and reg- ulations of the City of Huntington Beach pertaining to the elabject matter of this agreement. IN FITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the forms re- quired by law, on this . . . o . 00 . . . .day of . . 0000 . . .. 000ao . 0 .1926o And that no such gas '1_IL.nes ::,hall be instal-led, maintained, or operated for the aforesaid purpose of delivering indust- rial gas prior to the proper execution and delivery of said agreement, and RESOLVED: That any permit of evidence of authority executed to any such person, firm, co-partszershipg cor- poration, association or syndicate shall be effective for any purpose or purposes whatsoever prior to the proper execution and delivery of said agreement, and any such permit, per- mission or authority shall be cancelable and terminable by the Board of Trustees of the City of Huntington Beach for breach of said agreement. The City Clerk shall certify to the adoption of this resolution and the same shall take effect immediately. 50 GCi V J 55C Passed and adopted this 30th day of August, 1926a CHAS. G. BOSTER °resident of a oard o '.�.r'rus tees of the City of Huntington Beach, California. ATTEST; C. R. PURR My erk and -o f cio Clerk of the Board of Trustees of the City. of Huntington Beach. STATE OF CALIFORNIA { ) SS. COUNTY OF ORANGE I, C. R. Purr, City Clerk and Ex-officio Clerk of the Board of Trustees of the City of Huntington Beach hereby certify that the foregoing resolution was introduced and . read and adopted at a regular meeting of the Board of Trustees held on the 30th day of August, 1926, and was adopted by the following votes: Ayes Trustees: MITCHELL,L_ RRISfl BOSTER Toes Trustees: NONE Abeent Trustees: WHARTONa RIDENOUR C. R. PURR My Clerkan a-of 1e16 MrR o the Board of Trustees of the City of Huntington 'Beach. 6.