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Home My WebLink About57-Community Development .< 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 ~ ~ RESOLUTION NO. 82-308 REC'O. - ADMIN OFF' RESOLUTION OF THE CITY OF SAN BERNARDINO GRANTING TO SOUTH~RN PACIFIC PIPE LINES A FRANCHISE TO CONSTRUCT, MAINTAji8~~~~5 PIPELINES WITHIN THE CITY OF SAN BERNARDINO. I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The right, privilege and franchise are hereby granted by the City of San Bernardino, hereinafter referred to as "City", to Southern Pacific Pipe Lines, hereinafter referred to as "Grantee", for a period of twenty-five years from and after the granting of this franchise to construct, maintain, inspect, operate, protect, repair, replace, and retain in place a pipeline or pipelines, control facilities and other appurtenances, including any facilities necessary for cathodic protection thereof, for the transportation of refined petroleum products in, under, along and across public streets, highways and alleys of the City of San Bernardino. This franchise shall be effective for those pipeline routes presently in use, and for any additions thereto which may hereafter be approved by the Mayor and Common Council. SECTION 2. This franchise and privilege are granted and shall be held and enjoyed only upon the provisions and conditions prescribed by law and those contained in this ordinance, and shall not be effective until Grantee has filed with the City Clerk of City a written acceptance of the terms and conditions of this ordinance. SECTION 3. The Grantee shall, during the life of this franchise, pay to the City, an annual franchise fee computed on the basis of two percent of the gross annual receipts of the ~57 , I' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ - Grantee arising from the use, operation or possession of this franchise. Said payment shall be made annually to the City by Grantee. Computations for the franchise fee shall be made in the , same manner as computations under Section 6006 of the California Public Utilities Code, commonly known as The Broughton Act. The Grantee shall file with the City Clerk of the City within three months after the expiration of the calendar year for which payment is due, a verified statement specifying in detail the total gross receipts of said Grantee during the preceding calendar year, arising from the use, operation or possession of this franchise within the City of San Bernardino, and shall pay to the City Treasurer of the City the franchise fee coincident with the filing of such statement. Any neglect, omission or refusal of the Grantee to file such verified statement, or to pay such annual franchise fee, at the time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder, if not corrected within fifteen days after demand therefor by City. SECTION 4. Any pipeline laid, located or maintained pursuant to this franchise shall be so placed and maintained as not to interfere with the use of any public streets, highways, alleys or bridges by the traveling public to any greater extent than is reasonably necessary, and in laying said pipeline or pipelines the Grantee shall fill the trench and leave the surface of said street, highway or alley in as good condition as it was prior to excavating for said pipeline, and shall comply with federal law and regulation applicable thereto and any valid regulation of the State and City pertinent thereto, including the requirement for -2- A ~. '-4':." w.. _ .......... ( ( 1 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, 5 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 1. required time in order to accommodate such works. All such things IS 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 II ridge or artificial support in, on, over or underlying any 19 ighway, 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 rovide for the installation, maintenance or operation of 23 rantee's property in, on, over or under the area covered by such 24 roject, then Grantee shall pay to City the full amount of such 2S increase of cost, upon completion of such construction, 26 installation or repair. Any damage done directly or indirectly t 27 ny public street, highway, alley or other public places or publi 21 improvement by the Grantee, in exercising directly or indirectly ~.. ~ --..... ..- ~ 1 ") . 3 4 S 6 7 I 9 10 11 ]2 13 14 1S ]6 17 11 19 20 21 22 23 24 2.S 26 21 21 .' .. any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this I franchise, shall be promptly repaired by Grantee at its sole cost and expense, to the reasonable satisfaction of City. SECTION 6. Grantee shall hold City, 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 Grantee, its agents or employees in the performance of any work authorized hereunder. SECTION 7. If Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof and shall not, within thirty days after written demand for compliance, begin the work of compliance, or, after such beginning, shall not prosecute the same with due diligence to completion, then the City, by its Mayor and Common Council, may declare this franchise forfeited. SECTION 8. In the event that the use of Grantee's property pursuant to this franchise is discontinued or abandoned for any reason, the Grantee shall promptly, upon being given ten days notice, either quitclaim such property in place to City or commence and diligently prosecute the timely removal from the streets or public places of all such franchise property and promptly restore the street or area from Which such property has been removed to a condition satisfactory to the City Engineer and the Public Services Superintendent. SECTION 9. The provisions of this franchise and all rights, obligations and duties thereof shall inure to and be binding upon Grantee, its successors and assigns. Grantee shall not sell, - ---- --_._-_._----_._~------_.._---- ----- ---- .. ...., . - ... . . . ,..'''. - 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, whith consent will not be unreasonably 4 withheld, and, if consent is given, shall promptly file a copy of S 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, 8 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 iQ form ]2 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, IS 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 ith the City Clerk of an acceptance thereof by franchisee. 22 I HEREBY CERTIFY that the foregoing resolution was duly 23 adopted by the Mayor and Common Council of the City of San 24 Bernardino at a requla.r meeting thereof, held 2S on the 19th day of Julv , 1982, by the following 26 vote, to wit: . . . . . 27 . . . . . . . . . . 21 . . . . . . J.. -::" l. .._. -* .' . ,,- -.. "'a' '. .. '. .. 1 2 3 4 S 6 7 8 of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 .J , AYES: council Members Castaneda, ReillY, Hernandez, Quiel, Hobbs, strickler NAYS: None ( ABSENT: council !1ember Botts The foregoing resolution JulY , 1982. A$/JZ/?/~Ab / city ClerK ~