Resolution No. 384RESOLUTION NO. 384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE ISSUANCE
OF A PERMIT TO RICHFIELD OIL CORPORATION
THE CITY COUNCIL OF THE CITY OF CYPRESS RESOLVES AS FOLLOWS:
WHEREAS, the Richfield Oil Corporation has requested the City of
Cypress to grant a permit to construct, maintain, operate, renew, repair,
change the size of and remove or abondon in place a system of pipelines
for the transportation of gas, oil, water, gasoline, petroleum and other
products together with manholes, valves and other appurtenances necessary
or convenient for the operation of such pipelines in those certain public
streets and alleys in the City of Cypress lying west of the east line of Beach
Boulevard; and
WHEREAS, the City Council of the City of Cypress desires to
grant such permit;
NOW, THEREFORE, BE IT RESOLVED:
SECTION I: That the Mayor and City Clerk of the City of Cypress be
and they are hereby authorized and instructed to grant a permit to Richfield
Oil Corporation in the form attached to this Resolution as Exhibit "A ".
SECTION II: The City Clerk of the City of Cypress shall certify
to the passage of this Resolution and thereupon and thereafter the same shall
be in full force and effect.
ATTE /T:
ADOPTED AND APPROVED this 22nd day of July, 1963.
F RNE S. PHILLI•S. CITY CLERK
PERMIT
EXHIBIT "A"
FRANK P. NOE, MAYOR
THE CITY OF CYPRESS, hereinafter referred to as "City ", hereby grants
to RICHFIELD OIL CORPORATION, a Delaware corporation, its successors and assigns,
hereinafter referred to as "Richfield ", permission, from time to time, for a
period of forty (40) years, to construct, maintain, operate, renew, repair,
change the size of and remove or abondon in place a system of pipelines for
the transportation of gas, oil, water, petroleum, gasoline or other substances,
together with such manholes, valves, equipment and appurtenances as Richfield
its successors or assigns, may deem necessary or convenient to property maintain
and operate such pipelines, including facilities necessary for cathodic protection
of such pipelines in, under, over, along or across those certain public streets,
alleys, and other public way now or hereafter dedicated to public use in the
City of Cypress - situated South of the North line of Ball Road, upon the
following terms and conditions:
1. Richfield shall file a written acceptance of the terms and
conditions hereof with the City Clerk of City within 30 days after
the date hereof.
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2. EXCAVATIONS: Richfield shall have the right, subject to such
regulations, laws and ordinances as are now or may hereafter be in
force, to make all necessary excavations in the public streets, alleys
and ways for the construction, maintenance, operation, removal, repair,
change in the size of, and removal of pipelines constructed, maintained
or operated under this permit.
3. OPERATIONS: The work of constructing, maintaining, operating,
removing, repairing, changing the size of and removing pipelines shall
be conducted with the least possible obstruction and inconvenience to
the public and with the least possible hindrance to the use of the
streets, alleys and ways for purposes of travel, and only after obtaining
approval of the City Manager as to time and place of such activity. All
excavations shall be back filled and the surface placed in as good condition
as it was at the beginning of such work and to the satisfaction of the
Street Superintendent. Richfield shall hold City, its City Council and
other officers harmless from any claims for damage or injury suffered by
any person by reason of any excavation or obstruction insaid streets,
alleys or ways occasioned by the construction, maintenance, operation,
repair, or removal of any pipelines, of Richfield under this permit
and shall be responsible for any such damage or injury.
+1. RELOCATION: City reserves the right to change the grade or line
of any street, alley or way in which pipelines are constructed,
maintained or operated under this permit and upon receiving notice
from the City Council of its intention so to do, Richfield shall
promptly and at its own cost and expense, change the location of all
such facilities and their appurtenances where necessary to conform to
such change of grade or line. Any damage caused to any public
improvement by Richfield in exercising any right or privilege under
the permit or in performing any duty under or pursuant to the provisions
of this permit shall be promptly reparied by Richfield at its sole cost
and expense.
5. DAMAGES: Richfield shall repair at its own expense any damage
caused to any street, alley, way or other public property of City
by reason of any breaks, leaks or failure of any of the pipelines
constructed, maintained or operated under this permit. In the event
Richfield shall fail to make any such repairs within ten (10) days
after receipt of a notice and demand therefor from City, City May
make such repairs at the cost and expense of Richfield, which cost
Richfield agrees to pay upon demand.
6. PAYMENT: Richfield shall make annual payments to City at the
time hereinafter specified, in lawful money of the United States,
for the privilege herein granted, a sum annually which shall be
equivalent to two per cent (2%) of the gross annual receipts of
Richfield arising from the use, operation or possession of this
permit; beginning as of the effective date hereof.
Richfield 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 grant of this permit, and within
three (3) months after the expiration of each and every calendar
year thereafter, a duly verified statement showing in detail the total
gross receipts of Richfield, its successors or assigns, during the
preceding calendar year, or such fractional calendar year, arising
from the use, operation or possession of this permit during said
preceding calendar year. Richfield shall pay to City within fifteen
(15) days after the time for filing such statement, in lawful money
of the United States, the aforesaid payment for the calendar year or
such fractional calendar year. Any neglect, omission or refusal
by Richfield to file verified statement, or to make payment at the
times or in the manner hereinbefore provided, shall be grounds for
the declaration of a forfeiture of this permit ad all right thereunder:
7. ASSIGNMENT: Richfield shall not, in whole or in part, sell, transfer,
lease, assign, or dispose of the rights herein granted, without the
written consent of City; provided, however, that the provisions of
this permit shall not require any such consent and no consent shall be
required for any transfer by Richfield in trust or by way of mortgage
or hypothecation covering all or any part of Richfield's property, which
transfer, mortgage or hypothecation shall be for the purpose of securing an
indebtedness of Richfield or for the purpose of renewing, extending,
refunding, retiring, paying or cancelling in whole or in part any such
indebtedness at any time or from time to time. Any such sale, lease
assignment, or other disposition of this permit for which concent of City
if required hereunder shall be evidenced by a duly executed instrument
in writing filed in the office of the City Clerk.
8. MAPS: On or before the first day of May and November of each year during
the life of this permit, Richfield shall render to City a statement showing
in detail the total length of any pipelines removed or abondoned under the
permit during the preceding six month period, together with a map or maps
accurately showing the location in the public streets, alleys or ways of
any such pipelines so constructed, removed or abandoned. Said statements and
as shall be accompanied by the payment of an amount of money equal to the
rate of Fifteen Dollars ($15.00) per mile for all pipelines constructed,
if any there be, shown on said statements and maps.
9. FORFEITURE: In the event Richfield shall fail to keep, fulfill or perform
any of the terms or conditions of this permit and shall fail to remedy such
default within thirty (30) days after written notice from City, the City Council
may, at its option, declare the permit forfeited. Upon such declaration of
forfeiture this permit shall be deemed cancelled and terminated and all of
the rights and privileges of Richfield and under the permit shall be deemed
surrendered and terminated and the City may thereafter exclude Richfield from
further use of the public streets, alleys, and ways under this permit.
10. LAWS: The work of constructing, and maintaining, operating, renewing,
repairing, changing the size of or removing any pipelines under this permit
shall, at all times during the term hereof, in all respects comply with all
of the rules, regulations, ordinances, and enactments of City and of such
federal, state, and county authorities as may have jurisdiction over said
facilities; provided, however, that in each instance the paramount authority
shall be binding on Richfield; and City hereby reserves all regulatory
power by law alloed to it and with reference to the permit and the exercise
of rights, powers, and privileges under the same by Richfield, including
charging a uniform fee for excavation, encroachments, etc.
11. NON- EXCLUSIVE: This permit is not and shall not be exclusive.
12. PAYMENT OF COSTS: Richfield shall promptly pay to City any and all
costs reasonably necessary, incurred by the City in connection with the
granting of this permit. Richfield is paying concurrently to City the
sum of $100.00 as a deposit on an agreed minimum cost of such amount.
EXECUTED THIS 22nd day of July, 1963.
AT ST:
ERNE S. PHf LLIPS, CITY CLERK
CITY OF CYPRESS
By: i -z I 12
FRANK P. NOE, MAYOR