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HomeMy WebLinkAboutORD 0999 (1988) I ORDINANCE NO. 999 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA GRANTING A FRANCHISE TO 3 SAN DIEGO PIPELINE COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN 4 " PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN, CALIFORNIA 5 6 WHEREAS, San Diego Pipeline Company {"SDPC"), a Calliornia public utility under Public Utilities Code Section 216(a), has 7 applied to the City of Tustin ("City") for the right to construct, maintain and operate one 10 inch and one 16 inch pipeline along a 8 route within the City to transmit oil; and 9 WHEREAS, City is authorized to .grant ~ franchise upon the public streets, ways, alleys and places within the City for, among 10 other purposes, transmitting and distributing oil pursuant to Sec- tions. 6201, et seq. of the Public Utilities Code of t.he State of 11 California (the Franchise Act of 1937); and 12 WHEREAS, the City Council of City adopted a Resolution of Intent to grant the franchise and held a hearing on 13 - January 4 ,' 1988, for the purpose of hearing objections to the granting of the franchise; and 14 WHEREAS, the City Council finds and determines that it is in 15 the best interest and welfare of the City to grant the franchise upon the terms and conditions hereinafter set forth in this Ordi- 16' Lance. 17 NOW, THEREFORE, TIlE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: 18 Section ~: Grant of Franchise 19 The City grants to SDPC, hereafter sometimes referred to as 20 "Franchisee", the non-exclusive right, privilege and franchise to construct, maintain, inspect, operate, protect, repair and replace 21 a 10 inch pipeline and a 16 inch pipeline, including control fa- Mcilities and other appurtenances and any facilities necessary for 22~ cathodic protection thereof, for the transportation of refined petroleum products in, under, along, over and across the public 23 streets, roads, highways, alleys and other public ways described in Exhibit "A", attached hereto and incorporated herein by this 24 reference. 25 Section 2: Term of Franch!_s_e 26 This franchise shall be for a period of thirty (30) years from and after the effective date of this Ordinance. 27= 28 1 1 Section 2 A. ~sonable Regulation 3 City reserves the right to enforce reasonable regulations concerning the construction and maintenance of granchisee's facili- 4 ties located in, under, along, over and across public streets, roads, highways, alleys, and other public ways and the placement of 5 such facilities, including the appropriate depth of the pipelines, subject' to valid and applicable federal and state laws and regula- 6 tions. 7 B. PerfgrmanceBgnd 8 Franchises shall, Concurrent with the filing .of its written acceptance of franchise, file with the City Clerk, and at all times 9 thereafter maintain in full force and ef=ect for the entire term of the franchise, at its expense, a faithful performance bond executed 10 by a surety company approved by the City Attorney in the amount of One Hundred Thousand Dollars ($100,000.00), renewable annually, and 11 conditioned on the faithful performance by Franchises of all the terms, conditions and covenants contained in t-he franchise. If 12 Franchises fails to comply with any one or more of the provisions of the franchise, there shall be recoverable j6intly and severally 13 from the principal and surety of such bond any damages or losses suffered by City as a result thereof. Such bond shall provide that 14 thirty (30) days prior written notice of cancellation, material change, or intention not to renew such bond be given by the surety 15 ,company to City. 16 Neither the provisions of any bond accepted by City pursuant hereto nor any damages recovered by City thereunder shall be con- 17 strued to excuse faithful performance by Franchises or limit the liability of Franchises under the franchise or for damages, either 18 to the full amount of the bond or otherwise, or preclude exercise of any other right or remedy given to City by law, whether exer- 19 cised concurrently or subsequently. 20 C. Indemnity 21 Franchises shall indemnify, hold harmless and defend City, its boards, commissions, officers, and employees, acting pursuant 22 to City authority within the scope of their employment, against any and all loss, damage or liability for injury to or death of any 23 person or any damage to any property caused by Franchises, its of- ficers, agent's, or 'employees, in the construction, operation, or 24 maintenance of the pipelines, or arising out of the exercise of any right or privilege under the franchise. 25 D. Comprehensive Liability Insuranc~ 26 ' ~ ...... At all times during the term of the franchise Franchises 27 will, at its own cost and expense, maintain in full force and effect a general comprehensive liability insurance with an insur- 28 ance company approved by the City Attorney. The coverage repre- 2 1 sented by such policy or policie~ shall be for the protection of City, members of its boards and commissions, and its ~fficers and 2 employees acting pursuant to City authority and within the scope of their employment against liability for loss or damage for bodily 3 injury, death, and property damage occasioned by the activities of Franchises under the franchise. Minimum liability limits under the 4 policy or policies are to be One Million Dollars ($1,000,000.00) for personal injury or death of any one person and One Million 5 Dollars ($1,000,000.00) for personal injury or death of two or more persons, in any one occurrence, and Pive Hundred Thousand Dollars 6 ($500,000.00) for damage to'property resulting from any one occur- rence. 7 The policies mentioned in the foregoing paragraph shall each 8 contain a provision that the City be named an additional insured and a written notice of any cancellation or reduction in coverage 9 of the policies shall be furnished by the insurance company to City thirty (30) days in advance of the effective date hereof. 10 .E. Limitation of_~_ranch~se · No Privilege or exemption is granted or conferred upon 12 Franchises by the franchise except those specifically prescribed herein. Any privilege claimed under the franchlse by Franchisee in 13 any place described in Exhibit "A" shall be subordinate to any occupancy of same by City and to prior lawful occupancy of same by any other public or private entity.or person. 15 F. Installation and Maintenance 16 Any pipeline laid, located or maintained pursuant to this franchise shall be so placed and maintained as not to interfere 17 with the use of any such public ways by'the traveling public to.any · greater extent than is reasonably necessary, and in laying said 18 pipeline or pipelines the Franchises shall fill the trench and leave the surface of said public ways in as good condition as it 19 was prior to the excavation for said pipelines and in accordance with City specifications and standards. Franchises shall comply 20 with federal, state and City laws and regulations applicable there- to. 21 G. ~.ity Improvement or Repairs in Public Way~ 22 - ' '-' . City reserves the right to improve, widen, vacate, or re- 23 locate any such' public ways or portion thereof, over and within which this franchise is granted, including the 'widening, change of 24 grade, construction or reconstruction of such public ways or por- tion thereof. upon reasonable written notice given by City to 25 Franchises that work is to be done pursuant to the right reserved herein, Franchisee shall, at its expense, do all things reasonably 26 necessary to protect, remove or relocate its property as required in order to accommodate such work. All such things to be done and 27 work to be performed by Franchises shall be at the sole cost and expense of the Franchises. Any damage done directly or indirectly 28 to any public ways or public improvement by the Franchisee, in 1 exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant 2 to the provisions of' this-franchise, shall be promptly repaired'by Franchises at its sole cost and expenset to the reasonable satis- 3 faction of City. Franchises shall pay to City on demand the cost of all repairs to. public property made necessary by any operations 4 of Franchises under the franchise. 5 ~. Other Utilities 6 Franchises shall, in the installation, maintenance, repair, replacement or reconstruction of its facilities authorized here- 7 under, cooperate and coordinate with all other utilities in determining the location of and protecting and supporting their 8 facilities existing at the time of installation, replacement or reconstruction of its facilities in the public rights of way 9 described in Exhibit "A" and shall bear the entire cost of any necessary relocation, repair or reconstruction made necessary by -10 reason of damage to such utilties caused by Franchises. 11 Franchises is and expects to.continue to be 'on the basis currently in existence a member of Underground Service Alert of 12 Southern California, and otherwise agrees to take advantage of equivalent 'available emergency communication arrangements. 13 . I. Plans and Specif~qa_tigns 14 Franchises' shall submit detailed plans of the intended in- 15 stallations, for advance approval by the City Director of Public Works. Upon completion of construction, Franchises shall furnish t6 to the Director of Public Works a complete set of "as built"' plans and specifications, including depictions of shutdown locations and 17 facilities. Any modifications to the pipelines orfacilities during the term of the franchise shall be subject to all of the 18 requirements of thi.s subparagraph. 19 J- CommenCement and_ Completion of Construction 20 Franchises shall commence construction within 120 days from the effective date of this Ordinance, provided, however, the City 21 Manager may, upon request of Franchises, extend the commencement date for a reasonable period of time. Once commenced, construction 22 shall be completed within six (6) months. exclusive of any delay caused by act of God, calamity, labor unrest or any other cause 23 outside the control of Franchises. 24 Section 4: 90nsider.a~on 25 Franchises shall, during the life of this franchise, pay to City an annual franchise fee computed on the basis of the greater 26 of (i) two percent (2%) of the gr.oss annual receipts of Franchises arising from the use, operation or possession of this franchise, or 27 (ii) such other'method specified in the Franchise Act of 193/. or its successor. Franchises shall file with the Director of Finance, 28 within hhree (3) months after the expiration of the calendar year 1 for which payment is due, a verified statement specifying in detail the total gross receipts of Franchises during the preceding calen- 2 dar year (or fractional calendar year) of the term hereof, arising from the use, operation or possession of this franchise within the 3 City and the other methods specified above and shall pay to City the franchise fee coincident with the filing of such statement. 4 Any neglect, omission or refusal of the Franchises to file such verified statement, or to pay such annual franchise fee, at the 5 time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights 6 of Franchises hereunder, if not corrected within ten [10) days after written demand therefor by City. 7 SeCtion ~: Default 8 If FranChises shall fail, neglect or refuse to comply with 9 any of the provisions or conditions hereof or shall notr within ten (10) days after written demand for compliance, begin the work of 10 compliance, or, after such beginning, shall not prosecute the same with due diligence to completion, then the City may declare this 11 franchise forfeited. 12 In the event of such forfeiture, Franchises shall forfeit and surrender to City all equipment and facilities that may be 13 located along, over, or under any streets, alleys, or other public places within the corporate limit-~ of the City unless at the option 14 of City (i) such 'equipment and facilities are is removed within thirty (30) days from the date of forfeiture or {ii) such equipment 15 and facilities are abandoned in place with proper cleaning and filling. In the event of such. removal, Franchises hereby agree-~, 16 as a covenant and condition of this franchise, that the streets, alleys and public places from which such equipment and facilities 17 are removed shall be restored and placed in good condition. 18 Section 6: Abandonment 19 In the event that the use and maintenance of Franchisee's equipment and facilities pursuant to this franchise is' permanently 20 abandoned for any reason, Franchises shall promptly give written notice thereof to City and shall thereafter-, upon being given ten 21 (10) days notfce by City, either abandon such equipment and facili- ties in place to City or commence and diligently prosecute the 22 timely removal from the public ways of all such equipment and facilities and promptly repair and restore the area from which Such 23 property has .been removed to the reasonable satisfaction of City. 24 Section 7: ASs-i.qnm_ent 25 The provisions of this franchise and all rights, obligations and duties thereof shall inure to and be binding upon Franchises, 26 its successors and assigns. Franchises shall not sell, transfer or assign this franchise or any of the rights or privileges-hereby 27 granted without the prior written consent of City, which consent. will not be unreasonably withheld. If consent is given, Franchises 28 shall promptly file a copy of the duly executed sale or transfer 1 instrument in writing with the City Clerk. 2 Section $: Miscellaneous 3 A. Applicable Law 4 All pertinent provisions of Division 3, Chapter 2 of the Public Utilities Code, as they now exist or are hereafter amended, 5 shall be applicable to the franchise granted hereunder. Franchisee shall comply with all other valid, applicable state, federal and 6 City laws (including, but not limited to, the mitigation measures listed in City EIR 87-2 which are incorporated herein by this 7 reference) concerning the construction, maintenance, repair and replacement of the equipment and facilities installed pursuant to 8 this franchise. 9 B. Ci~' s Publication E_xpen_ses 10 Franchisee shall pay to City a sum of money sufficient to reimburse City for all publication expenses incurred by it in 11 connection with the granting of this franchise. Such .payment shall be made within thirty (30) days after City furnishes Franchisee 12 with a written statement of such expenses. 13 Section=. 9: Effective Date 14 This Ordinance shall' become effective thirty (30) days from its adoption, or upon filing by SDPC of its acceptance of the 15 franchise with the City Clerk, pursuant ot Public Utilities Code Section 6235, whichever is the later date. 16 PASSED AND ADOPTED at a regular meeting of the City Council 17 of the City of Tustin, California, held on 4th day of January, 1988. ~ " Mayor 21 i ATTEST: 24 ARW:Cj :D: 07/30/87 (C254) ARW:cj :R:09/22/87 (C254) 25 ARW:Cj :R~12/16/87 (C254) 26 27 28 6 NEWPORT AVENUE--Bryan Avenue to Irvine Boulevard BRYAN AVENUE--Newport Avenue to Tustin Ranch Road TUSTIN RANCH ROAD--Bryan Avenue to Edinger Avenue EXHIBIT "A" S. TATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council Of the City of Tustin, California, does 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 · Ordinance No. 999 was duly and regularly introduced and read at a regular meeting of the City C~cil held on the 21st day of Dece~er, 1987, and was given its second reading and duly passed and adopted at a regular meeting held on the 4th day of ,~anuar~, 1988, by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Kelly, Prescott NOES : COUNCI LPERSONS: None ABSENT: COUNCILPERSONS:. None City of Published in Tustin News January 1,4, 1988