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Ordinance No. 363212 ORDINANCE NO 363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING TO TEXACO INC , ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND NUMBER OF AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES FOR THE PURPOSE OF CONDUCTING TRANS- PORTING, CONVEYING AND CARRYING OIL OR OTHER PRODUCTS THEREOF, ON, ALONG, IN, UNDER AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS, TOGETHER WITH THE RIGHT TO CONSTRUCT OPERATE, MAINTAIN AND USE A PRIVATE COMMUNICATION SYSTEM TO BE USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS: Section 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance the context wherein they are used shall clearly import a different meaning) (a) The word "Grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns, (b) The word "City" shall mean the City of Cypress, a municipal corporation of the State of California in its present incorporated form or in any later reorganized consolidated, enlarged, or reincorporated form, (c) The word "streets" shall mean the public streets ways alleys and places except state freeways as the same now or may hereafter exist within said City, (d) The phrase "pipes and appurtenances" shall mean pipes pipelines and distribution and transmission systems con- sisting of mains, distribution and transmission pipes and other properties and facilities, together with services, traps, manholes and other necessary or appropriate appurtenances for the purpose of transmitting and distri- buting oil or other products thereof, (e) The phrase "lay and use" shall mean to lay, construct, erect, install operate maintain use repair replace relocate or remove Section 2. The right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance and pursuant to and upon the terms and conditions of Division 3 Chapter 2 of the Public Utilities Code of the State of California, be and the same is hereby granted to TEXACO INC , a corporation qualified to do business in the State of California to lay and use pipe and appurtenances for transmitting and distributing oil or other products thereof for any and all purposes, under, along, across, or upon the public streets ways alleys, or other public places within the City Section 3. The term of this franchise shall be indeterminate from and after its effective date that is to say this franchise shall endure in full force and effect until with the consent of the Public Utilities Commission of the State of California, if otherwise required it is voluntarily surrendered or abandoned by the Grantee, or until the State or some numicipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise and situate within the territorial limits of the State municipal or public corporation purchasing or condemning such property, or until this franchise is forfeited for noncompliance with its terms by the Grantee Ordinance No 363 Section 4: For each full or fractional calendar year of the life of this franchise the Grantee shall pay to the City at the times here- inafter specified, in lawful money of the United States a sum annually which shall be equivalent to two percent of the gross annual receipts received or actually earned by TEXACO INC , its successors or assigns from the use, operation or possession of said franchise If the pipe- lines laid under the terms of this franchise shall be a part only of an entire system of pipelines, part of which is not laid under the terms of this franchise, such gross receipts shall be deemed to be that portion of the total gross receipts of the entire system which the number of miles of pipeline laid under the terms of this franchise shall bear to the number of miles of pipe laid in the entire system Section 5 The Grantee shall file with the Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise and within three (3) months after the expiration of each subsequent calendar year or fraction thereof during which this franchise is in effect, a verified statement showing in detail for the term of the franchise in such calendar or fractional year, as the case mey be, the total gross receipts of the Grantee arising from the use, operation, or possession of this franchise and the total gross receipts received or actually earned by TEXACO INC , its successors or assigns from the use operation or possession of said franchise The Grantee shall pay to the City within fifteen (15) days after the time for filing said statement in lawful money of the United States the above re- quired percentage of its gross receipts for the calendar year or fractional calendar year covered by said statement Any neglect, omission or refusal by said Grantee to file said verified statement, or to pay said percentage at the time or in the manner hereinbefore provided, shall constitute grounds for the declaration of a forfeiture of this franchise and of all rights of Grantee hereunder Section 6: This grant is made in lieu of all other franchises, rights or privileges owned by the Grantee to lay and use pipes and appurtenances in the streets of the City for transmitting and dis- tributing oil or products thereof and the acceptance of the franchise hereby granted shall operate as (i) an abandonment within the limits of the City of all such other franchises, rights and privileges in lieu of which this franchise is granted and (ii) an agreement to comply with the terms and conditions hereof Section 7: The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City When so filed such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex>or consolidate with, addi- tional territory any and all franchises, rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned as to all streets within the limits of such territory Section 8: The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right to eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity the City's right of eminent domain in respect to the Grantee or any public utility Nor shall this fran- chise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof Section 9• The City reserves the right to improve any street or portion thereof over and within the area for which said franchise is granted, including the change of grade, relocation of right-of-way, realignment of right-of-way change in width construction or recon- struction of any such street, or any portion thereof Within thirty (30) days after receipt by Grantee of a notice in writing from the City of the fact that work is to be done pursuant to any such reserved right and specifying the general nature of the work and the area in which the same is to be performed, the Grantee shall do all things necessary to protect its franchise property during the progress of such work, and if ordered by the City Council, the Grantee shall dis- connect, remove, or relocate its pipes and appurtenances within the street to such extent in such manner and for such period as shall be necessary to permit the performance of such work in an economical manner flrrlinanre Nn. 16 214 and in accordance with the general recognized engineering and construction methods and to permit the maintenance, operation and use of such public improvement of the street as so improved All of such things shall be done and the work shall be performed by the Grantee at its sole cost and expense In the event that the City shall hereafter construct install, reconstruct or repair any bridge or artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located and in the event that the cost thereof be increased in order to provide for the installation, maintenance or operation of any such pipes or appurtenances in or on the street area which said bridge or other artificial support covers or underlies then the Grantee shall pay to the City the full amount of such increase of cost, upon comple- tion of such construction, installation or repair Any damage done directly or indirectly to any such public improvement by the Grantee in exercising directly or indirectly any right power or privilege under this franchise or in performing any duty under or pursuant to the provisions of this franchise, shall be promptly repaired by said Grantee, at its sole cost and expense Section 10 The Grantee of this franchise shall* (a) Construct, install and maintain all pipes and appurtenances in accordance and in conformity with all of the applicable ordinances, rules and regulations heretofore or hereafter adopted by the City Council in the exercise of its police powers, and not in conflict with the paramount authority of the State of California. and as to State highways sub- ject to the provisions of general laws relating to the location and maintenance of such facilities therein in constructing, installing and maintaining the pipes and appurtenances the Grantee shall make and backfill all excavations in such manner and way as to leave the surface of the public street alley, highway or public place in a good condition as it was prior to said excavation, as well as to conform to the statutes of the State of California and the ordinances of the City of Cypress as they now exist or may hereafter be ammended with respect to the securing of permits for excavations, filling and obstructions of city and state highways, (b) Pay to the City on demand the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise, (c) Indemnify and hold harmless the City and its officers from any and all liability for damage proximately resulting from any operations under this franchise, and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this franchise and each and every applicable provision of Division 3, Chapter 2, of the Public Utilities Code of the State of California, (d) Remove or relocate, without expense to the City, any facilities installed, used and maintained under this fran- chise if and when made necessary by any lawful change or grade, alignment or width of any street, or the construction therein or thereunder of any subway, viaduct, sewer, storm drain pipeline or other improvement made by the City This franchise shall not constitute an agreement or undertaking by the City, nor impose upon the City any obligation to pay any part of the costs of removal or relocation of any of the pipes and appurtenances when required in order to accommodate construction of any state freeway* (e) File with the City Council within thirty (30) days after any sale transfer assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby written evidence of the same, certified thereto by the Grantee or its duly authorized officers* and Ordinance No 363 (f) Promptly repair at the sole cost and expense of the Grantee and to the complete satisfaction of the City any damage to any street or public improvement caused directly or indirectly by the Grantee in exercising, directly or indirectly, any right, power or privilege under this franchise or in performing any duty under or pursuant to any of the provisions of this franchise Section 11 (a) If the Grantee shall fail neglect or refuse to comply with any of the provisions or conditions hereof, and shall not within ten (10) days after written demend for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion then the City Council may declare this franchise forfeited* (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non-compliance by the Grantee, its successors or assigns with any of the conditions thereof Section 12. The Grantee shall pay to the City, a sum of money sufficient to reimburse it for all publication posting, legal and other expenses of whatever nature incurred by it in connection with the granting of this franchise, such payment to be made within thirty (30) days after the City shall furnish such Grantee with a written statement of such expenses Section 13 The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in three public places within the City of Cypress as now established by ordinance at least once within fifteen (15) days of its final passage The City Council however, further directs that for the purpose of giving added notice of the adoption of this ordinance the same shall be published at least onece within fifteen (15) days of its final passage in a newspaper of general circulation within the City of Cypress Failure however, to make such publication shall not invalidate this ordinance This ordinance shall take effect thirty (30) days after its adoption PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 26th day of December, 1967 MAYOR OF THE CITY OF CYPRES ATTEST. CITY CLERK OF THE C OF CYPRESS STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) I DARRELL ESSEX City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the said City Council held on the 26th day of December, 1967, by the following vote. AYES* 5 COUNCILMEN* Bowen Kanel McCarney Noe and Harvey NOES 0 COUNCILMEN None ABSENT 0 COUNCILMEN None CI CLERK OF TH CITY OF CYPRESS Ordinance No 363