HomeMy WebLinkAbout1982-308I RESOLUTION NO. 82-308
2 RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTHERN
PACIFIC PIPE LINES A FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE
3 PIPELINES WITHIN THE CITY OF SAN BERNARDINO.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The right, privilege and franchise are hereby
7 granted by the City of San Bernardino, hereinafter referred to as
8 "City", to Southern Pacific Pipe Lines, hereinafter referred to as
9 "Grantee", for a period of twenty-five years from and after the
10 granting of this franchise to construct, maintain, inspect,
11 operate, protect, repair, replace, and retain in place a pipeline
12 or pipelines, control facilities and other appurtenances,
13 including any facilities necessary for cathodic protection
14 thereof, for the transportation of refined petroleum products in,
15 under, along and across public streets, highways and alleys of the
16 City of San Bernardino. This franchise shall be effective for
17 those pipeline routes presently in use, and for any additions
Is thereto which may hereafter be.approved by the Mayor and Common
19 JlCouncil.
20 SECTION 2. This franchise and privilege are granted and
21 shall be held and enjoyed only upon the provisions and conditions
22 prescribed by law and those contained in this ordinance, and shall
23 not be effective until Grantee has filed with the City Clerk of
24 City a written acceptance of the terms and conditions of this
25 Ilordinance.
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SECTION 3.
The Grantee
shall, during the life of this
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franchise, pay to
the City,
an annual franchise fee computed on
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the basis of two
percent of
the gross annual receipts of the
I Grantee arising from the use, operation or possession of this
2 franchise. Said payment shall be made annually to the City by
3 Grantee. Computations for the franchise fee shall be made in the
4 same manner as computations under Section 6006 of the California
S Public Utilities Code, commonly known as The Broughton Act. The
6 Grantee shall file with the City Clerk of the City within three
7 months after the expiration of the calendar year for which payment
8 is due, a verified statement specifying in detail the total gross
9 receipts of said Grantee during the preceding calendar year,
10 arising from the use, operation or possession of this franchise
11 within the City of San Bernardino, and shall pay to the City
12 Treasurer of the City the franchise fee coincident with the filing'
13 of such statement. Any neglect, omission or refusal of the
14 Grantee to file such verified statement, or to pay such annual
15 franchise fee, at the time or in the manner hereinbefore provided,'
16 shall be grounds for the declaration of a forfeiture of this
17 franchise and of all rights of the Grantee hereunder, if not
18 corrected within fifteen days after demand therefor by City.
19 SECTION 4. Any pipeline laid, located or maintained pursuant
20 to this franchise shall be so placed and maintained as not to
21 interfere with the use of any public streets, highways, alleys or
22 bridges by the traveling public to any greater extent than is
23 reasonably necessary, and in laying said pipeline or pipelines the;
24 Grantee shall fill the trench and leave the surface of said
25 street, highway or alley in as good condition as it was prior to
Y6 excavating for said pipeline, and shall comply with federal law
27 and regulation applicable thereto and any valid regulation of the
28 State and City pertinent thereto, including the requirement for
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I obtaining street cutting permits.
2 SECTION 5. City reserves the right to improve, widen, vacate
3 or relocate any highway, street, alley or other public places, or
4 portion thereof, over and within which this franchise is granted,
j including the widening, change of grade, construction or
6 reconstruction of such highway, street, alley or other public
7 places or portion thereof, for the purpose of any public
8 improvements. If notice is given by City to Grantee that work is
9 to be done pursuant to the rights reserved herein, which notice
10 shall specify the general nature of the work and the area in which
11 the same is to be performed, Grantee shall at its expense do all
12 things reasonably necessary to protect, disconnect, relocate or
13 remove its property during the progress,.of-such work at the
14 required time in order to accommodate such works. All such things
15 to be done and work to be performed by Grantee shall be at the
16 sole cost and expense of the Grantee. In the event that City
17 shall hereafter construct, install, reconstruct or repair any
18 bridge or artificial support in, on, over or underlying any
19 highway, street, alley or other public places in which the
20 Grantee's property is located, and in the event that the cost of
21 such work as may reasonably be required is increased in order to
22 provide for the installation, maintenance or operation of
23 Grantee's property in, on, over or under the area covered by such
24 project, then Grantee shall pay to City the full amount of such
25 increase of cost, upon completion of such construction,
26 installation or repair. Any damage done directly or indirectly to
27 any public street, highway, alley or other public places or public
28 Ilimprovement by the Grantee, in exercising directly or indirectly
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1 any right, power or privilege under this franchise, or in
2 performing any duty under or pursuant to the provisions of this
3 franchise, shall be promptly repaired by Grantee at its sole cost
4 and expense, to the reasonable satisfaction of City.
5 SECTION 6. Grantee shall hold City, its authorized officers,
6 agents and employees, harmless from and against any and all
7 liability or loss resulting from claims for damages by any person
8 arising out of the acts or omissions of Grantee, its agents or
9 employees in the performance of any work authorized hereunder..
10 SECTION 7. If Grantee shall fail, neglect or refuse to
11 comply with any of the provisions or conditions hereof and shall
12 not, within thirty days after written demand for compliance, begin
13 the work of compliance, or, after such beginning, shall not
14 prosecute the same with due diligence to completion, then the
15 City, by its Mayor and Common Council, may declare this franchise
16 forfeited.
17 SECTION 8. In the event that the use of Grantee's property'
1g pursuant to this franchise is discontinued or abandoned for any
19 reason, the Grantee shall promptly, upon being given ten days
20 notice, either quitclaim such property in place to City or
21 commence and diligently prosecute the timely removal from the
24 streets or public places of all such franchise property and
43 promptly restore the street or area from which such property has
24 been removed to a condition satisfactory to the City Engineer and
25 the Public Services Superintendent.
26 SECTION 9. The provisions of this franchise and all rights,
27 obligations and duties thereof shall inure to and be binding upon
28 Grantee, its successors and assigns. Grantee shall not sell,
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1 transfer or assign this franchise or any of the rights or
2 privileges hereby granted without the prior consent of the Mayor
3 and Common Council of City, which consent will not be unreasonably
4 withheld, and, if consent is given, shall promptly file a copy of
5 the duly executed sale or transfer instrument in writing with the
6 City Clerk. Nothing in this franchise shall be construed to grant
7 to Grantee any right to sell, transfer or assign this franchise,
S or any of the rights or privileges hereby granted.
9 SECTION 10. The Grantee throughout the duration of the
10 franchise shall keep on file with the City Clerk and maintain in
11 good standing a corporate surety bond in favor of City in form
12 satisfactory to City's City Attorney, guaranteeing full
13 performance of the conditions and undertakings of this franchise,
14 and conditioned that such Grantee shall well and truly observe,
15 fulfill and perform each term and condition of the franchise.
16 Said bond shall be filed by Grantee with the City Clerk within
17 fifteen days after this franchise is awarded. The penal sum of
18 the bond shall be in the amount of twenty-five thousand dollars,
19 or more, at the option of Grantee.
20 SECTION 11. This franchise shall take effect upon the filing'
21 with the City Clerk of an acceptance thereof by franchisee.
22 I HEREBY CERTIFY that the foregoing resolution was duly
43 adopted by the Mayor and Common Council of the City of San
Y4 Bernardino at a regular meeting thereof, held
25 on the 19th day of July , 1982, by the following
26 1Ivote, to wit:
27 II:
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I AYES: Council Members Castaneda, Reilly, Hernandez,
2 Quiel, Hobbs, Strickler
3 NAYS: None
4 ABSENT: Council Member Botts
5 LL
6 City Clerk
7 The foregoing resolution is hereby approved thi as aWC,day
8 of July 1982.
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10 Mayor o the ity of San Bernardino
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Approved as to form:
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'City Atkorney
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