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70R-346 -. ,- 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 -1- _. _. 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. -2- - ~ 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. ~- / .....' ) 'c ; OF THE~A-<{(~ ~ ' -.. , ".W' '.' . ~ o/~~~AllEIM "~ -3- FAL/ms-6-23-70 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) SSe -', 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 ---..,," ''''",,''''''''~'''~--