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4555ORDINANCE NO. 4555 AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING A FRANCHISE TO GOLDEN WEST REFINING COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES FOR THE TRANSPORTATION OF HYDROCARBON SUBSTANCES IN KNOTT STREET. The City Council of the City of Anaheim does find that: WHEREAS, Article XIV of the Charter of the City of Anaheim authorizes the City Council to grant franchises subject to the terms contained in Article XIV of the Charter and to prescribe such terms and conditions of any such grant; and WHEREAS, Golden West Refining Company (hereinafter Grantee) presently holds a franchise for pipeline purposes granted by County of Orange Ordinance 315; and WHEREAS, Grantee is the successor in interest to Wilshire Oil Company and Gulf Oil Company; and WHEREAS, the franchise granted by Ordinance 315 of the County of Orange contains an expiration date of September 8, 1983; and WHEREAS, Grantee has submitted an application for a fran- chise pipelines for the transportation of hydrocarbon substances in Knott Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. TERMS AND CONDITIONS OF FRANCHISE: ARTICLE 1. NATURE OF FRANCHISE There is hereby granted to Golden West Refining Company, a corporation (hereinafter referred to as "Grantee"), for the term of ten (10) years from and after the effective date of this Ordinance subject, however, to all the limitations and restrictions contained in this Ordinance and the Charter of the City of Anaheim, the right, privilege and franchise to construct, erect, maintain, operate, repair, renew, change the size of and remove pipelines, not to exceed twelve (12) inches in internal diameter (for any single pipeline) for the transportation of oil, petroleum, gas, gasoline or other hydrocarbon substances, or water, in, under, along and across Knott Street in the City of Anaheim (hereinafter referred to as "City"). This franchise shall include the right, for the period and subject to the conditions hereof, to so maintain, operate, repair, renew, and change the size of the pipeline system, if any, of Grantee, as already laid and constructed in said streets. ARTICLE 2. APPURTENANCES The Grantee shall have the right to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances (hereinafter for convenience collectively referred to as "appurtenances") as may be necessary or convenient for the proper maintenance and operation of the pipelines under said franchise and said appurtenances shall be kept flush with the surface of the streets and so located as to conform to any order of the City Engineer in regard thereto and not to interfere with the use of the street for travel. The Grantee shall have the right, subject to such ordinances, rules or regulations as are now or may hereafter be in force, to make all necessary excavations in said highways, for the construction and repair of said pipelines and appurtenances provided, however, that Grantee shall apply for and secure any required permits from the City of Anaheim prior to commencement of work in the public right of way. r ARTICLE 3. LOCATION OF PIPELINES So far as is practicable any pipelines hereinafter laid shall be located along the edge or shoulder of the streets or in the parking areas adjacent thereto so as not unreasonably to disturb the flow of traffic and, where possible, shall be laid in the unpaved portion of the street. If the pipelines shall be laid across or along the paved portion of a street, the repair of the street, after the pipelines have been laid, shall be made by the Grantee at the expense of the Grantee in accordance with the street excavation ordinance of the City. In the event that the Grantee shall fail or neglect to make such repairs, then five (5) days after notice therefor has been given Grantee by the City, the City may repair said street at the expense of the Grantee, and upon the presentation of a bill therefor the Grantee shall pay the same at once. The amount so chargeable to the Grantee in such case shall be the actual cost of such repair plus fifty percent (50%) thereof for overhead if repairs are undertaken by City forces or twenty percent (20%) thereof for overhead if repairs are undertaken for City by private contractors. ARTICLE 4. CONSTRUCTION OF PIPELINES A. Terms of Construction. The pipelines and appurtenances constructed or maintained under the provisions of this franchise shall be constructed and maintained in good, workmanlike manner and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by the City Council. All pipelines and appurtenances hereafter installed hereunder shall conform to the "USA Standard Code for Pressure Piping" in its latest revision. IWM B. Restoration of Streets. The work of construction, maintaining or repairing all pipes, pipelines and appurtenances shall be conducted with the least possible hindrance to the use of the streets for purposes of travel, and as soon as such work is completed all portions of the streets which have been excavated or otherwise damaged thereby shall be placed in as good condition as they were before the commencement of such work, to the satisfaction of the City Engineer. ARTICLE 5. COMMENCEMENT OF CONSTRUCTION The Grantee shall commence the work of laying the pipelines and appurtenances within four months from the effective date of the ordinance granting this franchise, and if such pipelines be not so commenced within said time, this franchise shall be declared forfeited; provided, however, that if the Grantee is maintaining and operating an existing pipeline system over the route referred to in Article 1 herein, it shall be deemed to be in compliance with the foregoing. The Grantee shall not commence the construction of any pipeline under the provision of this franchise or add to such existing pipeline system, if there be any, until it first shall have obtained a permit therefor from the City. The application of the Grantee shall show the following facts: The length, approximate depth and proposed location of the pipeline proposed to be laid or constructed, the size and description of the pipe intended to be used, and such other facts as the City Engineer may require. The Grantee shall pay any and all inspection fees of the City. Upon the completion of the construction of any pipelines constructed pursuant to said franchise, the Grantee shall render a statement to the City of Anaheim showing in detail the permit or permits issued and the total length of pipeline, the construction of which was authorized under such permit or permits, and the length of pipeline actually laid, and the Grantee shall accompany said report with payment to City for the pipelines which have been actually constructed under said franchise at the rate of One Hundred Dollars ($100.00) per mile. ARTICLE 6. MAPS AND DATA TO BE FURNISHED Within ninety (90) days following the date in which any pipelines or additional pipelines have been laid or constructed under this franchise, the Grantee shall file a map or maps in such form as may be required by the City Engineer showing the accurate location and size of all its facilities then in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file a revised map or maps showing the location and size of all such additional and/or abandoned facilities as of that date. If cathodic protection is to be used for facilities installed or maintained pursuant to this franchise, a description of the protective devices shall be furnished to the City Engineer which shall show the location and types of anodes, including a description of methods to be used as a protection against corrosion and electrolytic leakage. -3- ARTICLE 7. COMPENSATION TO THE CITY A. Amount of Fee. As consideration for the hereby granted, the Grantee shall pay annually to the lawful money of the United States, within ninety (90) the end of each calendar year, a fee computed by first six (6) cents ($0.06) by the nominal internal diameter of all pipe laid pursuant to this franchise or subject then by multiplying the product thereof by the length pipe in lineal feet. B. Computation of Payments. franchise City in days after multiplying in inches hereto and of the said Such payments shall be computed from the effective date of this ordinance, to and including the date of either actual removal of the facilities or the effective date of a properly approved abandonment, in place authorized by the City, and until the Grantee shall have fully complied with all the provisions of this ordinance and of all other applicable provisions of law or ordinance relative to such abandonments. All such payments shall be made to the City of Anaheim and, if made by check, shall be made payable to the City, and shall be supported by the Grantee's verified statement concerning the computation thereof. In the event of installation or abandonment of facilities with the approval of the City as elsewhere in this ordinance provided, or in the event of removal of such facilities by the Grantee, the payments otherwise due to the City for occupancy of the streets by such facilities shall be prorated for the calendar year in which such installation, removal or abandonment occurs as of the end of the calendar month in which installed, removed or abandoned. PROVIDED, HOWEVER, that the amount of each annual payment shall be revised at the time of payment in accordance with the following formula: (1) If the "Producer Price Index, All Commodities" prepared by the United States Bureau of Labor Statistics, Department of Labor, for the last calendar month ending more than ninety (90) days prior to the date on which payment to the City shall be due shall stand at other than 305.3 (the index for the month of September, 1983 - the "Base Index"), then the rate of payment to the City shall vary from hereinabove rates in direct proportion as said index has increased from the Base Index. In no event shall the rate of payment be less than six cents ($0.06) times the nominal diameter of the pipe, expressed in inches, times the number of lineal feet of all Grantee's pipe within the public streets of the City of Anaheim. -4- (2) If the Bureau shall revise the said index, the parties hereto shall accept the method of revision or conversion recommended by said Bureau. (3) If the Bureau shall discontinue the preparation of the producer price index, and if no transposition table prepared by said Bureau is available which is applicable to said Base Index, then the amount of each annual payment shall be computed by using the Consumer Price Index for the United States for All Urban Wage Earners then in effect utilizing the index for the month of the effective date hereof as the base index for computations hereunder. (4) With said statement the Grantee shall pay to the City of Anaheim in lawful money of the United States, the aforesaid compensation. Any neglect, omission or refusal of said Grantee to file said verified statement or to pay said compensation at the time or in the manner hereinbefore provided, which neglect, omission or refusal shall continue more than fifteen (15) days following notice thereof to the Grantee by the City, shall be grounds for the declaration of the forfeiture of this franchise and of all rights of the Grantee hereunder. The City Clerk shall have the power and authority to reasonably dispute any verified statement and to require proof with respect to any matters set forth in said verified statement. ARTICLE 8. EMERGENCY EQUIPMENT AND CREWS At all times during the term of this franchise, the Grantee shall maintain on a twenty-four (24) hour -a -day basis adequate emergency equipment and a properly trained emergency crew within a radius of twenty-five (25) miles from any facilities installed or maintained pursuant hereto for the purpose of shutting off the pressure and the flow of contents of such facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, flood or other cause. ARTICLE 9• BREAKS AND LEAKS If any portion of any street or publicly owned land or facilities shall be damaged by reason of breaks or leaks in any pipe or conduit constructed under this franchise, the Grantee thereof shall, at its own expense, immediately following written or oral notification thereof, repair any such damage and put such land or facilities in as good condition as it was in before such break or leak, to the satisfaction of the City Engineer. -5- ARTICLE 10. REARRANGEMENT OF FACILITIES A. Expense of Grantee. (1) If any of the Grantee's facilities shall endanger the public in the use of the public streets or interfere with or obstruct the use of any street by the public or for public purposes, the City shall have the right to require the Grantee, at the Grantee's expense, to move, alter or relocate the same (hereinafter called "rearrangement") to avoid such danger, interference or obstruction, in conformity with the written notice of the City Engineer. (2) Whenever, during the existence of this franchise, the City shall change the grade, width or location of any street or improve any street in any manner, including the laying of any sewer, storm drain, conduits, gas, water or other pipes, or construct any pedestrian tunnels, or other work of the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such rights), and such work shall, in the opinion of the City Engineer, render necessary any change in the position or location of any facilities of the Grantee in the street, including the support thereof, while such work is being done or performed the Grantee shall, at its own cost and expense, do any and all things to effect such change in position, or location, in conformity with the written notice of the City Engineer; provided, however, that the City shall not require the Grantee to remove its conduits or lines entirely from such street. (3) In case the Grantee shall fail to commence work in compliance with such written notice within thirty (30) days after service of same upon the Grantee (unless the Grantee shall be unable to comply with such notice by reason of strikes, riots, acts of God, or acts of public enemies), the City Engineer may cause the work required in said notice to be done by the City or, at the election of the City, by a private contractor. The Grantee agrees to pay the costs thereof within ten (10) days after delivery of an itemized bill therefor to it, or its local agent or manager. The cost of doing said work shall be considered the actual cost, plus fifty percent (50%) thereof for overhead if repairs are undertaken by City forces or twenty percent (20%) thereof for overhead if repairs are undertaken for City by private contractors. If the Grantee is dissatisfied with any determination of the City Engineer permitted by this section, it may petition the City Council to review the same within ten (10) days after receiving notice of such determination. During the pendency of such petition, the work so required to be done shall be suspended. The decision of the City Council thereon shall be final and conclusive. B. Expense of Others. (1) When such rearrangement is done for the accommodation of any person, firm or corporation (other than one of said utility systems owned or operated by the City or other Governmental entity), the cost of such arrangement shall be borne by the accommodated party. Such accommodated party, in advance of such arrangement, shall deposit with the Grantee or the City Clerk cash or a corporate surety bond in an amount, as in the reasonable discretion of the City Engineer, shall be required to pay the costs of such rearrangement, and such accommodated party shall execute an instrument agreeing to indemnify and hold harmless the Grantee from any and all damages or claims caused by such rearrangement. (2) The rearrangements referred to in Subsection (1) of Section B of this Article 10 shall be accomplished in conformity with the written notice of the City Engineer. In case the Grantee shall fail to commence work in compliance with such written notice within thirty (30) days after service of same upon the Grantee (unless the Grantee shall be unable to comply with such notice by reason of strikes, riots, acts of God or acts of public enemies), the City Engineer may cause the work required in said notice to be done by the City or, at the election of the City, by a private contractor. C. Rearrangement of the Facilities of Others. Nothing in this franchise contained shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation, or to require the City, or any person, firm or corporation now or hereafter owning a public utility system of any type or nature to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee. D. Notice. The Grantee shall be given not less than thirty (30) days' written notice of any rearrangement of facilities which the Grantee is required to make hereunder. Such notice shall specify in reasonable detail the work to be done by the Grantee and shall specify the time that such work is to be accomplished. In the event that the City shall change the provisions of any such notice given to the Grantee, the Grantee shall be given an additional period not less than thirty (30) days to accomplish such work. 5Z ARTICLE 11. REMOVAL OR ABANDONMENT OF FACILITIES At the time of expiration, revocation or termination of this franchise or of the permanent discontinuance of the use of its facilities, or any portion thereof, the Grantee shall, within thirty (30) days thereafter, make a written application to the City Engineer for authority either: (1) to abandon all or a portion of such facilities in place, or (2) to remove all, or a portion of such facilities. Such application shall describe the facilities desired to be abandoned by reference to the map or maps required by Article 6 of this ordinance and shall also describe with reasonable accuracy the relative physical condition of such facilities. Thereupon, the City Engineer shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall then notify the Grantee, according to such requirements as shall be specified in the City Engineer's order, and within ninety (90) days thereafter, to either: (a) Remove all or a portion of such facilities, or (b) Abandon in place all or a portion of such facilities. If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, then the City Engineer may make additional appropriate orders including, if he deems desirable, an order that the Grantee shall remove all such facilities in accordance with applicable requirements. In the event the Grantee shall fail to remove any facilities which it is obligated to remove in accordance with such applicable requirements within such time as may be prescribed by the City Engineer, then the City may remove such facilities at the Grantee's expense and the Grantee shall pay to the City the actual cost thereof to the City plus fifty percent (50%) thereof for overhead if repairs are undertaken by City forces or twenty percent (20%) thereof for overhead if repairs are undertaken for City by private contractors. ARTICLE 12. COMPLETION OF WORK Whenever the Grantee fails to complete any work required of the Grantee by the terms of this franchise within the time limits required hereby, the City may cause such work to be completed by the City or, at the election of the City, by a private contractor. The Grantee agrees to pay to the City, within ten (10) days after delivery of an itemized bill, the cost of performing such work plus an amount equal to fifty percent (50%) thereof for overhead if repairs are undertaken by City forces or twenty percent (20%) thereof for overhead if repairs are undertaken for City by private contractors. If the Grantee is dissatisfied with the determination of said amount, it may petition the City Council to review the same within ten (10) days after receipt of notification of such determination. The decision of the City Council shall be final and conclusive. �10 ARTICLE 13. BOND The franchise is granted on the condition that the Grantee has now and shall at all times during the life of this franchise keep on file with the City a bond running to the City in the sum of Twenty Thousand Dollars ($20,000.00) executed by a reputable indemnity company entitled to do business in the State of California. The said bond shall contain the conditions that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of condition of said bond the whole amount of the sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and from the sureties upon said bond. The provisions of this Article 13 shall not exempt the Grantee from compliance with any of the laws of the City in force during the term hereof which require the Grantee to post a bond other than the bond required by this Article 13. ARTICLE 14. INSURANCE The Grantee, if it has not already done so, shall procure and keep in effect throughout the term of this franchise a policy or policies of liability insurance from an insurance company authorized to do business in California, in an amount not less than One Million Dollars ($1,000,000.00) for injury to or death of any person and Three Million Dollars ($3,000,000.00) for any accident and Five Hundred Thousand Dollars ($500,000.00) for property damage. Said policy or policies shall name the City, its agents and employees as persons coinsured with the Grantee. A certified copy thereof shall be presented to the City Attorney for approval and shall then be filed in the office of the City Clerk. ARTICLE 15. INDEMNIFICATION BY GRANTEE The Grantee, by the acceptance or use of the franchise hereby granted, agrees to keep and save free and harmless the City, its officers, agents and/or employees, against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by Grantee of the City streets hereunder or arising out of any of the operations or activities of the Grantee pursuant to this franchise, whether such damage shall be caused by negligence or otherwise, excepting therefrom any claim, demand or cause of action arising out of the sole negligence of the City, its officers, agents and/or employees. ARTICLE 16. ASSIGNMENT The Grantee shall not sell, lease or assign this franchise or the rights or privileges granted hereby, or any of them, without the written consent of the City Council nor shall this franchise be sold, leased or assigned except by a duly executed instrument in writing of the assignee convenanting and agreeing to be bound by the terms of this franchise and the Charter of the City of Anaheim and filed in the office of City Clerk; and nothing in this franchise contained shall be construed to grant to the Grantee any right to sell, lease, or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid; provided, however, that the aforesaid provisions of this Article 16 shall not prohibit the Grantee from using its pipelines for the purpose of transporting for other persons oil, petroleum, gas, gasoline or other hydrocarbon substances or water, or leasing less than a one hundred percent (100%) interest in its pipelines for such purposes, but in such event the Grantee shall be responsible to the City for the full performance and observance of the terms and conditions of this franchise by itself and such other persons. ARTICLE 17. DEFAULT A. Default. In the event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein, the City may give written notice to the Grantee of such default. In the event that the Grantee does not commence the work necessary to cure such default within thirty (30) days after such notice is sent or prosecute such work diligently to completion, the City may declare this franchise forfeited by giving written notice thereof to the Grantee whereupon this franchise shall be void and the rights of the Grantee hereunder shall cease and determine and the Grantee shall execute an instrument of surrender and deliver the same to the City. B. Cumulative Remedies. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedure herein provided, in addition to those provided by law, shall be deemed to be cumulative. -10- ARTICLE 18. SCOPE OF RESERVATION Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as the City may now or hereafter have in law. ARTICLE 19. NOTICE Any notice required to be given under the terms of this franchise, the manner of service of which is not specifically provided for, may be served as follows: Upon the City, by serving the City Council, c/o the City Clerk, personally or by addressing a written notice to the City Council, c/o City Clerk, City Hall, 200 South Anaheim Boulevard, Anaheim, California 92805, and depositing such notice in the United States mail, postage prepaid. Upon the Grantee, by addressing a written notice to Grantee addressed to Golden West Refining Company, Post Office Box 2128, 13539 East Foster Road, Santa Fe Springs, California 90670, or such other address as may, from time to time, be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid. When the service of any such notice is made by mail, the time of such notice shall begin to run from the date of the deposit of same in the United States mail. ARTICLE 20. SUCCESSORS The terms herein shall inure to the benefit of, or shall bind as the case may be, the successors and assigns of the parties hereto subject, however, to the provisions of Article 16. ARTICLE 21. RESTRICTION ON SERVICES The Grantee shall not use any of the lines laid pursuant to the provisions of this franchise for the purpose of acting as a public utility. In the event that the Grantee shall violate the provisions of this Article 21, the City may give written notice to the Grantee of such default. In the event that such default is not cured within thirty (30) days after said notice is sent, the City may declare this franchise void in accordance with the provisions in the last sentence of Section B of Article 17. -11- ARTICLE 22. ACCEPTANCE OF FRANCHISE This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and the Grantee must, within ten (10) days after adoption of the ordinance granting said franchise, file with the City Clerk a written acceptance of such terms and conditions. ARTICLE 23. FORCE MAJEURE The time within which Grantee is obligated hereunder to construct, erect, maintain, operate, repair, renew, change the size of and remove the pipelines or other improvements shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of and for and during the period of, any delay caused by strikes, threats of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or regulation of any governmental agency, law or ordinance, impossibility of obtaining materials, or other things beyond the reasonable control of Grantee. SECTION 2. CERTIFICATION The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the Cite Council of the City of Anaheim this 27th day of November, 1984. i�� - MAYOR OF THE CITY OF ANAHEIM ATTES . CITY CLERK OF THE CITY OF ANAHEIM MES : fin 2210M 3-8-84 -12- 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. 4555 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of November, 1984, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of November, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4555 on the 27th day of November, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of November, 1984. 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 Ordinance No. 4555 and was published once in the Anaheim Bulletin on the 7th day of December, 1984. CITY CLERK fi i