HomeMy WebLinkAboutCC RES 15-35 RESOLUTION NO. 15-35
111 A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA TO GRANT A
FRANCHISE TO WICKLAND PIPELINES, LLC, TO
CONSTRUCT, MAINTAIN AND OPERATE PIPELINES
WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS
OF THE CITY OF TUSTIN, CALIFORNIA
The City Council of the City of Tustin finds:
WHEREAS, WICKLAND PIPELINES, LLC ("Wickland"), a California public utility
under Public Utilities Code Section 216(a), has applied to the City of Tustin ("City") for
the right to construct, maintain and•operate one 12-inch pipeline along a route within the
City to transmit jet fuel to John Wayne Airport; and
WHEREAS, the City Council of the City of Tustin ("City Council") intends to adopt
a resolution, pursuant to California Public Utilities Code Section 6232, declaring its
intention to grant the franchise application and set a public hearing at which all persons
having any objection to the granting thereof may appear before the City Council and be
heard thereon.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES
HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:
SECTION 1: The City Council declares its intention to grant the franchise to
Wickland for a term of thirty (30) years ("Franchise") that is of the character and for the
purposes referenced in the form of notice set forth below.
SECTION 2: A hearing on objections to the granting of the Franchise will be held
at the time and place specified in the form of notice set forth below, which the City Clerk
of the City is hereby directed to publish at least once in a newspaper of .general
circulation in the City within fifteen (15) days after passage of this Resolution, and that
the notice shall be substantially as follows:
NOTICE OF INTENTION TO GRANT FRANCHISE
NOTICE IS HEREBY GIVEN that Wickland Pipelines, LLC, a California public
utility ("Wickland"), has filed its application with the City Council of the City of Tustin
requesting that the City Council grant to it a franchise pursuant to Division 3, Chapter 2
of the Public Utilities Code of the State of California, for a term of 30 years commencing
on the effective date of the passage of the Ordinance and Wickland's acceptance
thereof, granting Wickland the right, privilege and franchise to construct, maintain,
inspect, operate, protect, repair and replace facilities consisting of a pipeline with an
internal diameter of twelve (12) inches, including control facilities, connection
improvements and equipment, and other appurtenances, and any facilities necessary
Resolution No. 15-35
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for the cathodic protection thereof, for the transportation of jet fuel in, under, along, over
and across the public streets, roads, highways, alleys and other public ways.
If the franchise is granted, Wickland and its successors and assigns will, during
the life of the Franchise, pay to the City annually, a fee equivalent to the length of
pipeline expressed in feet located within the franchised area multiplied by the applicable
base rate established in Public Utilities Code Section 6231.5. The fee shall be paid
annually from the date of the granting of the Franchise, and in the event such payment
is not made, the Franchise will be forfeited.
Any and all persons having any objections to the granting of the Franchise may
appear before the City Council in the City Council chamber at 300 Centennial Way,
Tustin, CA 92780 at the hour of seven o'clock p.m. on the 21St day of July, 2015, and be
heard thereon; and at any time not later than the hour set for hearing objections, any
person interested may make written protest stating objections against the granting of
the Franchise, which protest must be signed by the protestant and be delivered to the
City Clerk of the City. The City Council at the time set for hearing the objections shall
proceed to hear and pass upon all protests so made.
SECTION 3: This Resolution shall be effective upon its adoption.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 7th day of July, 2015.
CHARLES E. PUCKETT,
Mayor
ATTEST:
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JEFF' ' . -ARKER,
City er
Resolution No. 15-35
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Jeffrey C. Parker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 15-35
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 7th day of July, 2015 by the following vote:
COUNCILPERSONS AYES: Puckett, Nielsen, Gomez, Murray, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
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JEFF" / . -ARKER,
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Resolution No. 15-35
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