RES-2008-156RESOLUTION NO. 2008 156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DECLARING ITS INTENTION TO AMEND THE
FRANCHISE WITH MOBIL OIL CORPORATION FOR THE
RIGHT TO MAINTAIN AND OPERATE A SYSTEM OF
PIPELINES FOR OIL, GAS AND OTHER SUBSTANCES IN A
PORTION OF JEFFERSON STREET AND ESTABLISHING A
TIME AND DATE OF A PUBLIC HEARING TO CONSIDER
SUCH FRANCHISE AMENDMENT
WHEREAS, on August 11, 1998, the City of Anaheim "Anaheim granted a
franchise to maintain and operate a system of pipelines for the transportation of oil, gas
and other substances (the "Franchise by Ordinance No. 5639 with Mobil Oil
Corporation, now doing business as ExxonMobil Oil Corporation "Franchisee and
WHEREAS, Franchisee has been operating a pipeline not exceeding six inches in
diameter for the transportation of petroleum, gas, water, waste water, mud and other
substances in Jefferson Street from the Atwood Channel or Orangethorpe Avenue; and
WHEREAS, Franchisee has requested that the Franchise be amended and
extended for ten (10) years in the manner set forth herein below; and
WHEREAS, the City Council of the City of Anaheim has considered and
weighed, among other things, those factors set forth in Section 1.03.055 of Chapter 1.03
of Title 1 of the Anaheim Municipal Code, and has determined that the proposed
extension and amendments to the Franchise are in strict compliance with the Charter of
the City and all applicable laws, and does hereby make the following findings with
regard to said:
1. That Franchisee is currently operating a pipeline for the transportation of
gas, oil and other substances in a portion of Jefferson Street;
2. The proposed franchise extension will improve the services provided by
Franchisee and will not adversely affect ability of Franchisee to adequately provide safe,
reliable, economic service to its customers in the City of Anaheim;
3. That the term and proposed service territory of the requested Franchise
amendment have been considered and weighed by the City Council in its determination;
4. That Franchisee has the ability to provide economic, reliable service to its
customers in its service territory;
5. That Franchisee has the ability under the requested Franchise amendment
to provide service without unduly interfering with existing facilities using the public
streets or rights -of -way or using the public streets or rights -of -way, since it is already
providing such service in Anaheim;
6. That the proposed ordinance approving the Franchise amendment will not,
to the best of Anaheim's information and belief, affect the financial obligations of
Franchisee, and will not affect the ability of Franchisee to obtain future financing;
7. That the proposed Franchise amendment will have both short and long
term benefits by improving the service currently provided by Franchisee; and
8. That the proposed Franchise amendment will benefit the health, welfare
and safety of Anaheim and its residents by improving the service currently provided by
Franchisee.
WHEREAS, the City Council has determined that the granting of the Franchise
extension and amendments is categorically exempt from the California Environmental
Quality Act "CEQA as a Class 1 Project (14 Cal.Code Reg., 15301 (Existing
Facilities), including subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Anaheim does hereby declare its intention to adopt an Ordinance approving an extension
and amendment to the Franchise as requested by Franchisee by amending Ordinance
5639 as follows:
1. Amending Section 1 of Ordinance 5639 to change Franchisee's name from
Mobil Oil Corporation to ExxonMobil Oil Corporation and extend the term of the
Franchise for ten (10) years from the effective date of the Ordinance.
BE IT FURTHER RESOLVED that a copy of the proposed uncodified ordinance
is available for public review in the Office of the City Clerk located in the City Hall at
200 South Anaheim Boulevard in the City of Anaheim.
BE IT FURTHER RESOLVED that any persons having any interest in the
aforesaid extension and amendment of the Franchise or having any objection to the
thereto may appear before the City Council and be heard thereon at a public hearing to be
held at 5:30 P.M. on October 14, 2008, in the Chambers of the City Council located in
the City Hall at 200 South Anaheim Boulevard in the City of Anaheim.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish
this resolution once, within fifteen days of the passage hereof, in the Anaheim Bulletin.
2
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 16th day of September 2008 by the
following roll call vote:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
ATTEST'
`I [A Ii■Y
CITY CLERK OF THE CITY OF ANAHEIM
70376.1
CITY 0 AHEIM
By
MAYOR OF THE CITY 0 ANAHEIM
3
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
Proof of Publication of
SS.
County of Orange
RESOLUTION NO. 2008 -156
I am a citizen of the United States and a resident A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLAR-
ING ITS INTENTION TO AMEND THE FRANCHISE WITH MOBIL OIL CORPORA
of the County aforesaid; I the TION FOR THE RIGHT TO MAINTAIN AND OPERATE A SYSTEM OF PIPELINES
tY am over e age of FOR OIL, GAS AND OTHER SUBSTANCES IN A PORTION OF JEFFERSON
STREET AND ESTABLISHING A TIME AND DATE OF A PUBLIC HEARING TO
eighteen years, and not a party to or interested in CONSIDER SUCH FRANCHISE AMENDMENT
WHEREAS, on August 11, 1998, the City of Anaheim "Anaheim granted a franchise to
the above entitled matter. I am the rind al maintain and operate a s stem of pipelines for the transportation of oil, gas and other sub-
h h stances (the "Franchise" by Ordinance No. 5639 with Mobil Oil Corporation, now doing
business as ExxonMobil it Corporation "Franchisee and
clerk of the Anaheim Bulletin, a newspaper that WHEREAS, Franchisee has been operating a pipeline not exceeding six inches in diame-
ter for the transportation of petroleum, gas, water, waste water, mud and other substances
has been adjudged to be a newspaper of general in Jefferson Street from the Atwood Channel or Orangethorpe Avenue; and
WHEREAS, Franchisee has requested that the Franchise be amended and extended for
circulation by the Superior Court of the County ten (10) years in the manner set forth herein below; and
WHEREAS, the City Council of the City of Anaheim has considered and weighed, among
of e Oran State California on December 28, other things, those factors set forth in Section 1.03.055 of Chapter 1.03 of Title 1 of the Ana-
Orange, e of er p
heim Municipal Code, and has determined that the proposed extension and amendments
to the Franchise are in strict compliance with the Charter of the City and all applicable
1951, Case No. A -21021 in and for the City Of laws, and does hereby make the following findings with regard to said:
1. That Franchisee is currently operating a pipeline for the transportation of gas, oil and
Anaheim, County of Orange, State of California; other substances in a portion of Jefferson Street;
2.The proposed franchise extension will improve the services provided by Franchisee
that the notice, of which the annexed is a true and will not adversely affect ability of Franchisee to adequately provide safe, reliable, eco-
nomic service to its customers in the City of Anaheim;
printed copy, has been published in each regular 3. That the term and proposed service territory of the requested Franchise amendment
have been considered and weighed by the City Council in its determination;
and entire issue of said newspaper and not in any 4. That Franchisee has the ability to provide economic, reliable service to its customers in
its service territory;
supplement thereof on the following dates, to 5.That Franchisee has the ability under the requested Franchise amendment to provide
service without unduly interfering with existing facilities using the public streets or rights -of-
way or using the public streets or rights -of -way, since it is already providing such service in
wit: Anaheim;
6. That the proposed ordinance approving the Franchise amendment will not, to the best
September 25, 2008 of Anaheim's information and belief, affect the financial obligations of Franchisee, and will
not affect the ability of Franchisee to obtain future financing;
7. That the proposed Franchise amendment will have both short and long term benefits
by improving the service currently provided by Franchisee; and
"I certify (or declare) under the penalty of
8. That the proposed Franchise amendment will benefit the health, welfare and safety of
Anaheim and its residents by improving the service currently provided by Franchisee.
perjury under the laws of the State of California
WHEREAS, the City Council has determined that the granting of the Franchise extension
and amendments is categorically exempt from the California Environmental Quality Act
that the foregoing is true and correct "CEQA as a Class 1 Project (14 Cal.Coda Reg., 15301 (Existing Facilities), including
subsection (c).
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Anaheim does
hereby declare its intention to adopt an Ordinance approving an extension and amend
Executed at Santa Ana, Orange County, ment to the Franchise as requested by Franchisee by amending Ordinance 5639 as
follows:
California, on 1. Amending Section 1 of Ordinance 5639 to change Franchisee's name from Mobil Oil
Corporation to ExxonMobil Oil Corporation and extend the term of the Franchise for ten
(10) years from the effective date of the Ordinance.
Date: September 25, 2008
BE IT FURTHER RESOLVED that a copy of the proposed uncodified ordinance is availa-
ble for public review in the Office of the City Clerk located in the City Hall at 200 South Ana-
heim Boulevard in the City of Anaheim.
BE IT FURTHER RESOLVED that any persons having any interest in the aforesaid exten-
sion and amendment of the Franchise or having any objection to the thereto may appear',
before the 20 Council and be heard thereon at a public hearing to be held at 5:30 P.M. on
October 14, 2008, in the Chambers of the City Council located in the City Hall at 200 South
Anaheim Boulevard in the City of Anaheim. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this resolu-
ignature Lion once, within fifteen days of the passage hereof, in the Anaheim Bulletin.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City,
Anaheim Bulletin of Anaheim this 16th day of September 2008 by the following roll call vote:
625 N. Grand Ave. AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
Santa Ana, CA 92701 NOES: None
(714) 796 -2209 ABSENT: None
ABSTAIN: None
PROOF OF PUBLICATION CITYOFANAHEIM
By MAYOR OF THE CITY OF ANAHEIM
ATTEST:
By /s/
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin September 25, 2008 8682315