70R-346
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RESOLUTION NO. 70R- 346
A RESOL~ION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM PECLARING ITS INTENTION TO GRANT TO
TEXACO I~C. A FRANCHISE TO INSTALL, OPERATE AND
MAINTAIN PIPE LINES FOR THE TRANSPORTATION OF
OIL, GAS, GASOLINE, PETROLEUM, WET GAS, HYDRO-
CARBON Sl1BSTANCES, WATER AND WASTE WATER IN,
UNDER ANP ACROSS ALL PUBLIC STREETS AND HIGHWAYS
NOW OR HEREINAFTER DEDICATED TO PUBLIC USE IN THE
CITY OF ~AHEIM.
WHEREAS, Texaco Inc. has, by letter dated April 17, 1970,
submitted its appl~cation to the City of Anaheim for permission to
construct, maintain and operate pipe lines in certain areas of the
Ci ty of Anaheim; and
WHEREAS, Section 1401 of the Charter of the City of
Anaheim requires that the City Council pass a resolution declaring
its intention to g~ant a franchise affixing a place and date,
when and where any person interested therein may object to the
granting of said franchise; and
WHEREAS, Section 1401 of the Charter of the City of
Anaheim provides that said resolution also contain the terms and
conditions upon which it is proposed to grant said franchise.
NOW, THEItEFORE, BE IT RESOLVED by the City Council of
the City of Anahei~ that it does hereby declare its intention to
grant a franchise to Texaco Inc. to install, operate and maintain
pipe lines for the transportation of oil, gas, gasoline, petroleum,
wet gas, hydrocarbon substances, water and waste water in, under
and across the property described in Exhibit "A" of said franchise.
BE IT FURTHER RESOLVED that any person having an interest
in or objecting to the granting of said franchise may be heard
on the 4th day of August , 1970, at 1: 30 P.M. or
as soon thereafter that the matter may be heard.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does deolare that it proposes to grant said franchise
on the following terms and conditions:
1. The City of Anaheim, hereinafter also referred to
as "City", hereby grants to Texaco Inc., its successors
and assigns, hereinafter referred to as "Grantee", subject
to the terms qnd conditions herein contained, the right,
franchise and privilege from time to time, for a period of
forty (40) years from and after the effective date of this
ordinance, to install, operate, maintain, replace, chanqe
the size of, abandon in place and/or remove pipe lines for
the transportation of oil, gas, gasoline, petroleum, wet gas,
hydrocarbon substances, water and waste water, together with
all appurtenances and service connections necessary or con-
venient to properly maintain and operate said pipe lines,
including cathodic protection facilities, and also including
appurtenances and equipment for power and communication lines
necessary or convenient for the Grantee's business, herein-
after collectively called "franchise property", within the
public streets, highways, alleys and other public ways or
public property, hereinafter collectively called "streets",
of the City of Anaheim, as enumerated and described in
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Exhibit "A", Which is attached hereto and is made a part of
this franchise, and such other "streets" as may be authorized
in accordance with the provisions of Subsection B of Section
1 hereof.
2. Grantee is hereby authorized to use other streets
within the Ci~y for the purposes for which this franchise
is granted, provided (a) that all facilities constructed and
maintained in such other streets shall be subject to all of
the provisions of this franchise; and (b) that this specific
location of such facilities be approved by the Director of
Public Works.
3. This franchise shall expire forty (40) years from
and after the effective date hereof unless sooner terminated
by ordinance, as herein provided. City reserves the right
to terminate this franchise prior to its expiration date in
the event:
(a) Grantee fails to comply with any prov~s~on hereof;
provided, however, that if such failure of compli-
ance shall be due to a cause beyond the reasonable
control of Grantee, the franchise shall not be so
te~inated. In the event Grantee shall default in
the performance of any of the terms, covenants or
conditions herein and such default is curable, City
shall give written notice to Grantee to commence
within 10 days the work necessary to cure such
default, and if Grantee fails to comply with such
notice, City may terminate this franchise.
(b) The time within which Grantee is obligated to com-
menoe, perform or complete any obligation hereunder
shall be extended for a period of time equal in
duration to, and the commencement, performance or
completion in the meantime shall be excused on
account of and for and during the period of, any
delay caused by strikes, threats of strikes, lock-
outs, war, threats of war, insurrection, invasion,
acts of God, calamities, violent action of the
elements, fire, action or regulation of any govern-
mental agency, law or ordinance, impossibility of
obtaining materials, or other things beyond the
reasonable control of Grantee.
4. Texaco Inc. shall comply with all lawful ordinances
rules and reg~lations heretofore or hereafter adopted by
the City Council in the exercise of its police power
governing its construction, maintenance and operation of
the drill track constructed pursuant to this franchise.
5. Texaco Inc. shall pay to the City of Anaheim on demand
the cost of all repairs to public property made necessary
by any of the operations of Texaco Inc. under said franchise.
6. Texaco Inc. agrees to indemnify and hold harmless the
City and its ~fficers and employees from any and all liability
for damages proximately resulting from any operations under
said franchise.
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7. Texaco Inc. shall remove and relocate without expense
to the City any facilities installed, used and maintained
under the fra~chise if and when made necessary by any lawful
change of gra4e, alignment or width of any public street,
way, alley or place, including the construction of any sub-
way or elevat$d transfer facilities, or by the construction
or improvement of any public property or facility, or if
the public health, comfort, welfare, convenience, or safety
so demands.
8. Texaco Inc. shall pay to the City a sum of money
sufficient to reimburse the City for all publication expenses
incurred by it in connection with the granting of this fran-
chise. Such payment shall be made within thirty (30) days
after the Citr furnishes the grant to Texaco Inc. with a
written statement of such expenses.
this
THE FOREGOING RESOLUTION is approved and signed by me
7th day of July , 1970.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
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I, DENE M. W~LLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 70R-346 was intro-
duced and adopted at a 'regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 7th day of July, 1970,
by the following vote df the members thereof:
AYES: COUNCILMEN: Clark, Stephenson, Thorn and Dutton
NOES: COUNclLMEN: None
ABSENT: COUNq.LMEN : Pebley
AND I FURTHKt CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 70R-346 on the 7th day of
July, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 7th day of July, 1970.
.~
ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
70R-346 duly passed and adopted by the Anaheim City Council on
July 7, 1970.
ill.- N. 2h&..~~
City Clerk
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