5639ORDINANCE NO. 5639
AN ORDINANCE GRANTING THE MOBIL OIL CORPORATION A
FRANCHISE FOR THE RIGHT TO MAINTAIN AND OPERATE A
SYSTEM OF PIPELINES FOR THE TRANSPORTATION OF OIL, GAS,
AND OTHER SUBSTANCES IN AND ACROSS A PORTION OF
JEFFERSON STREET BETWEEN ATWOOD CHANNEL AND
ORANGETHORPE AVENUE IN THE CITY OF ANAHEIM
The City Council of the City of Anaheim does ordain as
follows:
SECTION 1. The right., privilege and franchise is hereby
granted to the Mobil Oil Corporation from time to time to
construct, maintain, operate, repair, renew, and remove a single
pipe line, not to exceed six inches in diameter, for the trans-
portation of petroleum, liquid hydrocarbon substances, gas,
natural gasoline, water, waste water, mud, steam and other liquid
and gaseous substances, together with all. manholes, service
connections and appurtenances necessary ur convenient for t.ne
operation of said pipe lines, together with conduits, with all
wires and other appurtenances and equipment for underground
telephone and telegraph lines and electrical power lines
necessary or convenient for applicant's business and operation of
said pipe line, for the term of ten (10) years from and after the
date when this franchise shall become effective, in, under, along
and across that portion of Jefferson Street extending from the
Atwood Channel to Orangethorpe Avenue (hereinafter Jefferson
Street).
SECTION 2.
(a) The word "Grantee" whenever used herein shall
mean and include Grantee and its successors and assigns.
(b) The word "City" wherever used herein shall
mean the City of Anaheim.
(c) The words "franchise property" as used herein
shall mean all property constructed, installed, operated or
maintained on Jefferson Street pursuant to this franchise.
SECTION 3. This franchise is non-exclusive and is granted
and shall be held and enjoyed only upon the provisions and
conditions prescribed by law (including the provisions of the
Charter of the City of Anaheim) and those contained in this
Ordinance. The grantee shall, within thirty (30) days after the
passage of this Ordinance, file with the City Clerk, a written
acceptance of the terms and conditions of this Ordinance. Grantee
acknowledges that this franchise is subject to Article XIV of the
Charter of the City of Anaheim and agrees to comply with the
provisions of that Article.
SECTION 4. All franchise property to be constructed and
operated under this franchise shall be built and constructed in a
good and workmanlike manner and of good material, and any and all
pipe lines, and underground telephone lines laid, located, or
maintained under said franchise shall be so placed as not to
interfere with use of said Jefferson Street by the traveling
public or for public purposes. In constructing, installing and
maintaining the franchise property, the pipe line, and
underground communication and power system, the Grantee shall
make and backfill all excavations in such manner and way as to
leave the surface of Jefferson Street in as good condition as it
was prior to said excavation, as well as to conform to the
statutes of the State of California and the ordinances of the
City of Anaheim. Upon the expiration or termination of this
franchise, Grantee shall remove Grantee's facilities; provided,
however, that upon application by Grantee and the written consent
of City's Director of Public Works, Grantee may abandon some or
all of Grantee's facilities in place.
SECTION 5. Grantee shall not sell, transfer or assign this
franchise or any of the rights or privileges hereby granted
without the prior consent of the City of Anaheim and except by a
duly executed instrument in writing, filed in the office of the
City Clerk of the City of Anaheim. Nothing in this franchise
shall be construed to grant to said Grantee, any right to sell,
transfer or assign this franchise, or any of the rights or
privileges hereby granted, except in the manner aforesaid.
SECTION 6. The City of Anaheim reserves the right to
improve Jefferson Street, over and within which this franchise is
granted, including the widening, change of grade, construction or
reconstruction of such street, or any portion thereof including
the placing of public utilities.
If notice in writing is given to the Grantee thirty (30)
days in advance of the fact that work is to be done pursuant to
any right reserved above 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 of Anaheim, the Grantee shall
temporarily disconnect or temporarily remove or shall relocate
its franchise property within Jefferson Street, to such extent,
in such manner, and for such period as shall be necessary to
permit the performance of such work in an economical manner, and
in accordance with the generally recognized engineering and
construction methods, and to permit the maintenance, operation
and use of such public street as so improved. All of such things
to be done and work to be performed by the Grantee shall be at
the sole cost and expense of the Grantee. Notwithstanding the
foregoing, the City of Anaheim will endeavor to give Grantee
thirty (30) days notice of work to be done.
In the event that the City of Anaheim shall hereafter
construct, install, reconstruct or repair any bridge or
artificial support in or underlying Jefferson Street in which the
Grantee's franchise property is located, and in the event that
the cost of such work as may reasonably be 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 artificial
support, then the Grantee shall pay to the City the full amount
of such increase or cost, upon completion of such construction,
installation or repair.
Any damage done directly or indirectly to Jefferson Street
or public improvement by the Grantee, in exercising directly or
indirectly any right, power or privilege under this franchise, or
in performing any duty under or pursuant to the provisions of
this Ordinance, shall be promptly repaired by said Grantee, at
its sole cost and expense, to the complete satisfaction of the
City.
SECTION 7. If the Grantee shall fail to comply or to
commence and diligently proceed toward compliance with any
instruction of the City of Anaheim Public Works Department with
respect to the location of any of said franchise property or the
repair of any damage to Jefferson Street or any public
improvements within ten days after the service of written notice
upon the Grantee requiring compliance therewith, then the City of
Anaheim may immediately do whatever work is necessary to carry
out the instructions at the cost and expense of the Grantee,
which cost the Grantee shall pay upon demand; provided however in
circumstances permitting such additional notice, Grantee shall be
allowed thirty (30) days notice.
SECTION 8. The Grantee shall hold the City of Anaheim, 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 the acts or omissions of the
Grantee, its agents or employees in the performance of any work
authorized hereunder or the maintenance of Grantee's system by
Grantee, its agents or employees. This indemnity is in addition
to the indemnities imposed on Grantee by the provisions of
Article XIV of the Charter of City.
SECTION 9. The Grantee shall, during the life of this
franchise, pay to the City of Anaheim, in advance, in lawful
money of the United States the sum of Four Hundred Dollars
($400.00) per year. Said payment shall be made annually in July
of each year for the following year.
Grantee shall pay to the City Treasurer of the City of
Anaheim, in lawful money of the United States, the aforesaid Four
Hundred Dollars ($400.00). Any neglect, omission or refusal of
said Grantee to pay said amount, at the time or in the manner
hereinbefore provided, which neglect, omission or refusal shall
continue for more than fifteen days following notice thereof to
the Grantee from the City, shall be grounds for the declaration
of a forfeiture of this franchise and of all rights of the
Grantee hereunder.
SECTION 10. Any neglect, failure or refusal to comply with
any of the conditions of this franchise, including provisions of
the Charter of Anaheim, which neglect, failure or refusal shall
continue for more than fifteen days following notice thereof to
the Grantee from the City shall work a forfeiture hereof, and the
said City, by its City Council, may thereupon declare this
franchise forfeited, and may exclude said Grantee from further
use of Jefferson Street under this franchise; and said grantee
shall thereupon surrender all rights in and to the same, and
this franchise shall be deemed and shall remain null, void and of
no effect.
SECTION 11. The Grantee, during the life of this franchise,
shall keep on file with the City Clerk of the City of Anaheim and
maintain in good standing a corporate surety bond running to the
City of Anaheim, approved by the City Attorney, in the penal sum
of One Thousand Dollars ($1,000.00), and conditioned that such
Grantee shall well and truly observe, fulfill, and perform each
term and condition of the franchise, and that in case of any
breach of condition of such bond, the whole amount of the penal
sum therein named shall be deemed to be liquidated damages and
shall be recoverable from the principal and sureties upon said
bond. Said bond was filed by the Grantee with the City Clerk of
the City of Anaheim within ten (10) days after this franchise is
approved.
SECTION 12. 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 13. The City Council of the City of Anaheim shall
certify to the adoption of this Ordinance and shall, before the
expiration of fifteen (15) days after the passage thereof, cause
the same to be published once in a newspaper of general
circulation, printed and published in said County of Orange.
THE FOREGOING ORDINANCE is adopted by the City Council of
the City of Anaheim this 11th day of August , 1998 and shall
become effective thirty days thereafter.
MAYOR OF THE Y OF AN IM
ATTEST.
C
CITY CLERK OF THE CITY OF ANAHEIM
14388.1\MSLAUGHT\May 7, 1998
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5639 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 28th day of July, 1998, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 11th day of August, 1998, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
ABSTAINED: MAYOR/COUNCIL MEMBERS:
McCracken, Zemel, Lopez, Daly
None
None
Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5639 on the 11th day of August, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 11th day of August, 1998.
` ems t -;( L-�'d_
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5639 and was published once in the North County News on
the 20th day of August, 1998.
CITY CLERK OF THE CITY OF ANAHEIM