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HomeMy WebLinkAbout0133T � � ORDINANCE N0. 133 (1959 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TO UNION OIL COMPANY OF CALIFORNIA, A CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE AND PRIVILEGE FROM TIME TO TIME TO CONSTRUCT, MAINTAIN OPERATE, RENEW, REPAIR, CHANGE THE SIZE AND NUMBER OF AND REMOVE PIPELINES, TOGETHER WITH TELEPHONE, TELEGRAPH AND ELECTRICAL POWER LINES NECESSARY OR CONVENIENT FOR THE GRANTEE'S BUSINESS, IN, UNDER, OVER, ALONG OR ACROSS ANY AND ALL PUBLIC STREETS, HIGHWAYS AND OTHER PUBLIC'WAYS NOW OR HEREAFTER DEDICATED TO PUBLIC USE IN THE CITY OF SAN LUIS OBISPO. The City Council of the City of San Luis Obispo, in the County of San Luis Obispo, State of California, does ordain as follows: SECTION 1:' NATURE OF GRANT: That the right, franchise and privilege be and the same hereby is granted to Union Oil Company of California, a corporation, its successors and assigns, for a period of twenty -five (25) years from and after the effective date of this franchise, from time to time to construct, maintain, operate, renew, repair, change the size and number of and remove or abandon in place pipelines for the transportation of petroleum, liquid hydrocarbon substances, gas, gasoline, water, waste water, mud,steam and other substances, together with all manholes, valves, service connections and appurtenances necessary or convenient to properly maintain and operate said pipelines, including facilities necessary for cathodic protection of said pipelines, and together with poles, conduits, wires, cables and other appurtenances and equipment for telephone, telegraph and electrical power lines necessary or convenient for the grantee's business, in,under, over, along or across any and all public streets, roads, alleys, highways, and other public ways now or hereafter dedicated to public use in the City of San Luis Obispo. SECTION 2: DEFINITIONS: (a) The word "Grantee" as used herein shall mean and include the Grantee, its successors and assigns. (b) The words "said streets" herein shall mean and include all the public highways, streets, roads, alleys and other public ways within the City of San Luis Obispo. (c) The words "franchise property" herein shall mean all property constructed, maintained or operated pursuant to this franchise in any of said streets, including pipelines, pole lines or conduits, and all appurtenant equipment. (d) The words "said City" herein shall mean the City of San Luis Obispo in the County of San Luis Obispo, State of California. -1- _) -3 SECTION 3: TERM: The term of this franchise shall be for a period of twenty- five (25) years from and after the date on which this ordinance becomes effective. SECTION 4: ACCEPTANCE: Said franchise and privilege shall be granted upon the terms and conditions herein contained and those prescribed by law. The Grantee shall, within ten (10) days from and after the final passage of this ordinance grant- ing said franchise, file with the City Clerk of said City a written acceptance of said terms and conditions. Said written acceptance shall contain the Grantee's agreement to abide and be bound by said terms and conditions. SECTION 5: EXCAVATIONS: The Grantee shall have the right, subject to all applicable ordinances and regulations of said City as are now or hereafter may be in force, to make all necessary excavations or other encroachments in said streets for the laying, construction, maintenance, operation, renewal and removal of franchise property. SECTION 6: PERMITS: The Grantee shall not commence the work of laying, constructing or removing any franchise property under the provisions of this franchise until it shall first have obtained an Excavation Permit from the Department of Public Works of said City. Said Excavation Permit shall show the said streets upon which it proposes to lay or construct said franchise property, the specifications of the franchise property and such other facts as said Department of Public Works may require. The location of said franchise property shall be subject to the approval of the City Engineer to avoid interference with present or proposed sewers, water lines, other conduits and the traveling public. Said permits shall be issued upon payment of a fee of 10(,% per foot and the work shall be done to the satisfaction of the City Engineer and subject to his inspection. No permit other than those necessary for emergency repairs shall be issued on any street that has been surfaced within two years prior to the application. This franchise shall not relieve the Grantee from thelprovisions of any ordinance or law that may be in force at the time requiring permits to be obtained for street excavations nor prevent the Council from changing the permit fees. SECTION 7: OPERATIONS: All franchise property to be laid, constructed and operated under this franchise shall be built and constructed in a good workmanlike manner and of first class materials and shall be located or maintained under this franchise so as not to interfere with the use of said streets by the traveling public or for public purposes. In constructing, installing and maintaining said -2- franchise property, the Grantee shall make and backfill all excavations in such. a manner as to leave the surface of said streets in as good condition as the same was in prior to said excavation, and to the satisfaction of said Department of Public Works. SECTION 8: RELOCATION: Said City reserves the right to imppove, change the grade of, widen or reconstruct any of said streets or portions thereof, and there is further reserved to the said City the right to construct, reconstruct, install, repair and maintain in any of said streets, any public improvement. Upon the giving of notice in writing to the Grantee, at least thirty (30) days in advance of the fact that the work is to be done pursuant to any right reserved hereinabove in this section, specifying the general nature of the work and the area in which the same is to be performed, then the Grantee shall do all things necessary to protect its franchise property during the progress of such work and if ordered by the City Council of said City, the Grantee shall temporarily disconnect or temporarily remove, or shall relocate the franchise property within said streets, to such extent and in such manner, and for such period as shall be necessary to permit the performance of such work in an economic manner, and in accordance with generally recognized engineering and construction methods and to permit the maintenance, operation and use of such public improvement or of said streets or portions thereof as so improved. All such things to be done and work to be performed by the Grantee shall be at the sole cost and expense of the Grantee. In the event that said City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any of said streets in which the Grantee's franchise property is located, and in the event that the cost of such work as may be reasonably required is increased in order to provide for the installation, maintenance or operation of Grantee's franchise property in or on the area covered by or underlain by said bridge or other artifidal support, then the Grantee shall pay to said City the full amount of such increase of cost upon completion of such construction, installation or repair. SECTION 9: REPAIRS: Any damage done directly or indirectly to any of said streets or public improvements by the Grantee, in exercising directly or indirectly any right or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this franchise, shall be promptly repaired by said Grantee, at its sole cost and expense and to the satisfaction of said City. -3- SECTION 10: COMPLIANCE: If the Grantee shall fail to comply or to commence and diligently proceed toward compliance with any instructions of the City Council of said City or Department of Public Works of said City with respect to the location of any of said franchise property or the repair of any damage to said streets or any public improvement within thirty (30) days after the service of written notice upon the Grantee requiring compliance therewith, then the said City Council may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost by the acceptance of this franchise the Grantee shall pay upon demand. SECTION 11: INDEMNIFICATION: The Grantee shall hold said City, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of acts or omissions of the Grantee, its agents or employees, in the performance of any work authorized by this franchise. SECTION 12: ABANDONMENT: Upon request of the Grantee, the City Council of said City, upon such terms and conditions as it may see fit to impose, may grant the Grantee the right to abandon -in -place without removing any pipelines laid or maintained under this franchise. SECTION 13: ASSIGNMENT: Except as hereinafter provided in this Section, the Grantee shall not sell, transfer or assign this franchise or any of the rights and privileges granted hereby without the consent of the City Council of said City; provided, however, that no such consent shall be required for any transfer in trust, mortgage, sale and lease -back, or other hypothecation, to secure an indebtedness. SECTION 14: PAYMENTS: The Grantee shall, during the life of this franchise, make annual payments to.said City for the franchise hereby granted, in lawful money of the United States, at the rate of $125.00 per mile of pipeline and $30.00 per mile of pole line or conduit heretofore or hereafter installed and maintained and not abandoned in place in said streets by virtue of the authority granted by this franchise or any franchise superseded by this franchise. Said annual payments shall be made on or before the 31st day of August of each year (commencing with August 31, 1959) for the twelve months' period ending on the preceding June 30th. In the event any franchise property shall have been subject to the terms of this franchise for only a fractional part of said twelve months' period, the payment therefor shall be computed -4- in the proportion which the number of days in the said fractional part of the twelve months' period bears to 365. The annual payment,shall be accompanied by two copies of a statement, verified by the oath of a duly authorized representative of Grantee, giving the total length of pipelines, pole lines and /or underground conduits on which the annual payment is due, the rate per mile and the total amount due. SECTION 15: PRIOR FRANCHISES: This franchise ordinance shall, upon its effective date, terminate and supersede Franchise Ordinance No. 158 of said City, passed by the City Council of said city.on September 7, 1909, granting a franchise to Producers Transportation Company, Grantee's predecessor in interest, which franchise is now held by Grantee; and any and all other franchises held by Grantee within the presently incorporated area of said City. Further, the Grantee's acceptance of this franchise shall constitute a continuing agreement of Grantee that if and when sild City shall hereafter annex, or consolidate with, additional territory, any'and all franchises owned by Grantee therein shall likewise be abandoned within the limits of such territory, and Grantee's.facilities installed under such abandoned franchises within such annexed territory shall come under the terms and conditions of this franchise. SECTION 16: FORFEITURE: Any neglect, failure or refusal to comply with any of the conditions of this franchise, which neglect, failure, or refusal shall continue for more than thirty (30) days following notice thereof to the Grantee from said City, shall be grounds for a forfeiture hereof, and said City by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of said streets under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed to be and shall remain null, void'and of no effect. SECTION 17: FRANCHISE BOND: The grant of this franchise is,effective only upon the further condition that Grantee shall at all times during the life of this franchise keep on file with the City Clerk of said City a bond running to said City in the penal sum of One Thousand Dollars ($1,000.00) by a corporate surety, don - ditioned that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and all ordinances or said City, and in case of any breach of the conditions of such bond and this franchise, that -5- portion of the penal sum - therein named, up to the maximu, equal to the fair amount of the damages'resulting from such breach, shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety, or sureties, upon such bond. SECTION 18: SUCCESSORS AND ASSIGNS: The provisions of this franchise and all rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. SECTION 19: EFFECTIVE DATE: This ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its final passage. INTRODUCED AND PASSED TO PRINT this 8th day of September 1959, by the following roll call vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None I ATTEST: My TWO Mayor FINALLY PASSED this 21 day of September , 1959, by the following vote: AYES: Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: Kenneth W. Jones ATTEST: r-. i Ci Clerk - Mayor