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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