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HomeMy WebLinkAbout1962-09-19; City Council; 1080A; Southern Pacific Pipeline Franchise Agreement11 1 1, 1' 14 I' 1( 1' *I< 1: 2( 2: 2: 2; 24 2: 2E 27 2E 29 3c 3J. 32 ORDINANCE NO. 1080 A AN ORDINANCE OF THE CITY OF CARLSE D GRANTING SAN DIEGO PIPELINE COMPANY, A CORPORATION, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND OPERATE PIPE LINES FOR THE TRANSPORTATION OF CRUDE OIL PETROLEUM TOGETHER WITH NATURAL GASOLINE, LIQUID HYDROCARBON SUBSTANCES, AND OTHER LIQUID SUB- STANCES CONTAINED IN SAID CRUDE OIL PETROLEUM IN, UNDER, AND ACROSS ALL PUBLIC STREETS AND HIGHWAYS NOW OR HEREAFTER DEDICATED TO PUBLIC USE IN THE CITY OF CARLSBAD. THE CITY COUNCIL OF THE CITY OF CARLSBAD DOES ORDAIN AS FOLLOWS : SECTION 1. The right, privilege, and franchise is hereby granted to the San Diego Pipeline Company, a corporation, as Grantee, to, at any time or times, construct, maintain, operat,, repair, renew, and remove pipe lines for the transportation of crude oil petroleum, together with natural gasoline, liquid hydrocarbon substances, and other liquid substances contained in said crude oil petroleum together with all manholes, service connections necessary or convenient for the operation of said pipe lines for the term of forty (40) years from and after the date when this franchise shall become effective in and under all public streets and highways now or hereafter dedicated to public use in incorpora- ted portions of the City of Carlsbad. and appurtenances SECTION 2. (a) The word "Grantee," wherever used herein, shall mean and include Grantee and its successors and assigns. (b) The word "City," wherever used herein, shall mean the City of Carlsbad. (c) The words "franchise property, as used herein, shall mean all property constructed, installed, operated, or maintained under, along, across, or upon the public streets, ways, 3r alleys pursuant to any right or privilege granted by this fran- chise. .\ .. - a. I 2 3 4 5 6 7 8 9 20 11 12 12 14 15 1E 17 *l€ IC 2c 21 2.2 2: 24 2: 26 27 28 29 3c 3J 32 SECTION 3. This franchise and privilege is granted and shall be held and enjoyed only upon the provisions and conditions prescribed by law and those contained in this ordinance. within thirty (30) days after the passage of this ordinance, file with the City Clerk of the City of Carlsbad a written acceptance of the terms and conditions of this ordinance. The Grantee must, SECTION 4. All franchise property to be constructed and operated under this franchise shall be built and constructed in a good and workmanlike manner and of good material, and any and all pipe lines laid, located, or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, ways, or alleys, and all plans and profiles shall be approved by the Director of Public Works prior to the commencement of construc- tion and shall be located in said public streets, ways, or alleys at the place or places approved by the Director of Public Works. The top of the pipe line shall be at a minimum depth of thirty (30) inches below the ultimate gutter flow line grade within all street rights of way. In constructing, installing, and maintaining the franchise property the Grantee shall make and backfill all excava- tions in such manner and way as to leave %he surface of the public streets, ways, or alleys in as 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 Carlsbad as they now exist or may hereafter be amended with respect to the securing of pemits and excavation, filling and obstruction of City highways. Grantee shall, within ninety (90) days following the completion of construction of the franchise property, file plans and profiles showing the exact detail and location of the franchise property as constructed. The franchise holder shall pay the cost of necessary City inspection of City facilities during construction, during 2. .. * a. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .1E 19 2c 21 2% 22 24 25 26 27 28 29 30 39, 32 lowering or relocation of conduit and during repair or replacement of public improvements and City-owned utilities. The franchise holder shall furnish a complete set of reproducible plans showing the "as-built" alignment and elevations of the top of pipe line at intervals of not to exceed one hundred (100) feet in addition to intermediate grade breaks which may occur within the intervals together with the size (both inside diameter and outside diameter) of the conduit installed. Plans may be sepia duplicate tracings and shall be signed and certified as to correctness by a registered Civil Engineer, registered by the State of California State Board of Registration for Civil and Professional Engineers. In the event of horizontal or vertical realignment made necessary by future facilities installed by the City, the franchise holder shall, within ninety (90) days following such reconstruction, furnish the City with a sepia duplicate tracing signed and certified as above showing the relocated alignment and grade of the affected conduit. SECTION 5. If, and when, any portion of the territory covered by this franchise shall be annexed to or otherwise become a part of any other municipal corporation or of any other political sub- division of the State of California, the rights reserved under this franchise to the City of Carlsbad, or any officer thereof, shall inure to the benefit of such other municipal corporation or county and its appropriate officers. SECTION 6. Grantee shall not sell, transfer, or assign this fran- chise or any of the rights or privileges granted hereby without the consent of the City Council, nor shall this franchise, or rights, or privileges be sold, transferred, or assigned except by a duly executed instrument in writing filed in the Office of the City Clerk of the City of Carlsbad; and provided further, that 3. .. . -1 .. a- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 2c 21 2% 23 24 25 26 27 28 29 30 3;L 32 e nothing in this franchise shall be construed to grant to said Grantee any right to sell, transfer, or assign this fran hise or any of the rights or privileges hereby granted except in %he manner aforesaid. SECTION 7. The City of Carlsbad reserves the right to improve any public street, way or alley, or portion thereof, over and within which this franchise is granted, including the widening, change of grade, construction, or reconstruction of such public street, way or alley, public utility lines and/or facilities, or any portion thereof, and there is further reserved to the City of Carlsbad and any political subdivision, or district within the City of Carlsbad the right to construct, reconstruct, install, repair and maintain in any such public street, way or alley, or portion thereof, any public improvement, or public utility lines and/or facilities, If notice in wri'cing is given to the Grantee thirty (30) days in advance of the fact that work is to be done pursuant to any right reserved above in this sec'cion specifying the general nature of the work and the area in which the same is to be per- formed, then 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 of the City of Carlsbad, the Grantee shall temporarily disconnect, or temporarily remove, or shall re- locate its franchise property within the public street, way or alley 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 and in accordance with the generally recognized engineering and construction methods, and to permit the maintenance, operation, and use of such public improvement or of the public street, way or alley as so improved. All of such things to be done and work to be performed by the Grantee shall be at the sole cost and expense 4. .. *+. . 1 2 'i c 4 E E 'i E s 1c 11 12 12 14 15 1E 17 .le 19 20 21 22 23 24 25 26 27 28 29 30 33. 32 of the Grantee. City inspection of City facilities during construction, during lowering or relocation of conduit and during repair or replacement of public improvements of City-owned utilities and/or facilities. The franchise holder shall pay cost of necessary Any damage done, directly or indirectly, to any public street, way or alley or 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 ordinance shall be promptly repaired by said Grantee at its sole cost and expense to the complete satis- faction of the City. Franchise holder, at no cost to the City, shall repair or replace, to the satisfaction of the City, all street improve- ments or City-owned facilities which may be damaged as a result of a leak, break, or rupture in the franchise conduit. In the event of a leak, break, or rupture in the conduit the franchise holder shall notify the Fire Chief immediately and shall then take whatever emergency measures are deemed necessary in order to minimize damage to property and hazard to the public. Reconstruction and/or repair to damaged public improvements and City-owned facilities shall then be made after determination of the extent of the damage by the Public Works Department of the City, A11 costs of emergency repair of conduit and public improvements and City-owned facilities, as well as final permanent replacement and/or repair of same, shall be the responsibility of the franchise holder. SECTION 8. If the Grantee shall fail to comply or to commence and diligently proceed toward the compliance with any instructions of the City Council with respect to the location of any said franchise property or the repair of any damage to public streets, ways, or alleys, or any public improvement within ten (10) days after the 5. .I . .. .. 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 29 30 3L 32 service of written notice upon the Grantee requiring compliance therewith, then the City Council may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost by the acceptance of this franchise, the Grantee shall pay upon demand. SECTION 9. The Grantee shall hold the City of Carlsbad, 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 the Grantee, its agents or employees in the performanee of any work authorized here- under, The Grantee shall carry public liability and property damage insurance by self-insurance or in insurance companies satisfactory to the City in an amount not less than One Hundred Thousand Dollars ($100,000 .OO) for in juries, including accidental death for any one person, and subject to the same limit for each person in an amount not less than One Million Dollars ($1,000,000.00) on account of any one accident, and property damage insurance in an amount not less than One Million Dollars ($1,000,000.00), and shall keep on file with the City certificates issued by such companies showing that all of the above-mentioned insurance has been issued and is in full force and effect; so long as this franchise continues in force. The Grantee shall likewise obtain public liability and property damage insurance by self-insurance or in insurance companies satisfactory to the City to cover vehicles used or maintained by it in the performance of work connected with the franchise with liabili'cy limits of not less than One Hundred Thousand Dollars ($l.OO,OOO.OO) for any one person, and Three Hundred Thousand Dollars ($3OO,OOO .OO) for any one accident, and property damage of Fifty Thousand Dollars ($~O,OOO.OO), 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 29 30 35. 32 Said Grantee, at its own cost, expense, and risk, shall defend any and all aforementioned actions, suits or other legal proceedings which may be brought or instituted against the City or its officers, agents, or employees on any such claim or demand and pay or satisfy any judgment that may be rendered against the City or its officers, agents, or employees in any such action, suit, or legal proceedings, or result thereof. Nothing herein contained shall be construed as limiting in any way the extent to which the Gran'cee may be held responsible for payment of damages to persons or property resulting from its operations or any operations of any contractors under it. SECTION 10. The Grantee shall, during the life of this franchise, pay to the City of Carlsbad, in lawful money of the United States, and in the manner provided by law, two per cent (2%) of the gross annual receipts of the Grantee arising from the use, operation, or possession of this franchise within the City of Carlsbad beginning from the date of granting said franchise. The Grantee shall file with the City Clerk, within three (3) months after the expiration of the calendar year, or fractional calendar year following the effective date of this ordinance granting this franchise 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 said Grantee during the preceding calendar year, or such fractional calendar year, arising from the use, operation, or possession of this franchise within the City of Carlsbad and within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Clerk of the City of Carlsbad, in lawful money of the United States, the aforesaid two per cent (2%) of its gross receipts arising from the use, operation, or possession of this franchise during said preceding calendar year, 7. ..* ",', 1 2 3 4 5 6 7 a 9 10 31 12 13 14 15 16 17 -18 19 20 21 22 23 24 25 26 27 28 29 30 33, 32 or such fractional calendar year. Any neglect, omission, or refusal of said Grantee to file said verified statement, or to pay said percentage at the time or in the manner hereinbefore provided, which neglect, omission, or refusal shall continue for more than fifteen (15) days following notice thereof to Grantee by the City shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder. SECTION 11. Any neglect, failure, or refusal to comply with any of the conditions of this franchise, which neglect, failure or refusal shall continue for more than fifteen (15) days following notice thereof to Grantee by the City, shall work a forfeiture hereof, and the said City, by its City Council, may thereupon declare this franchise forfeited and may exclude said Grantee from further use of the public streets, ways, or alleys of said City under this franchise; and said Graneee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void, and of no effect. SECTION 12, The Grantee, during the life of this franchise, shall keep on file with the City Council and maintain in good standing, a bond running to the City of Carlsbad with at least two good and sufficient sureties approved by the City Council or a duly qualifies corporate surety in the penal sum of One Thousand Dollars ($l,OOO.OO) and conditioned that such Grantee shall well and truly observe, fulfill, and perform each term and condition of the franchise and, that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed by the Grantee with the City of Carlsbad within five (5) days from the date of this franchise. 8. 4 ,?? ,*, .. I 1 1 1 2. 1 1 1 -1 1: 2( 2: 2: 21 24 2: 2E 27 2€! 29 30 SJ. 32 SECTION 13. The provisions of this franchise and all rights, obliga- tions, and duties hereunder shall inure to and be binding upon the Grantee, its successors, and assigns. SECTION 14. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the CARLSBAD JOURNAL , a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this I__ 19thday of September , 1962. ATTEST : 9. 1 2 3 4 5 6 7 8 9 10 XI 12 13 14 15 16 17 .18 19 20 21 22 23 24 25 26 27 28 29 30 3.3. 32 STATE OF CALIFORNIA CITY OF CARLSBAD COUNTY OF SAN DIEGO j ss. 1, J. H. PRICE , City Clerk of the City of Carlsbad, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City Of Carlsbad, held on the 4th day of September , 1962, and $hat the same was passed and adopted at a regular meeting of said City Council held on the 18th day of September , 1962, by the following vote of the members thereof: AYES : COUNCILME%: Guevara, Bierce, McPherson, Neiswender NOES : COUNCILMEN : None and Hughes ABSENT: COUNCILMEN : None AND I FURTHER CERTIFY that the Mayor of the City of Carlsbad approved and signed said ordinance on the 19th day of September , 1962. IN WITNESS affixed the official WHEREOF, I have hereunto set my hand and seal of the City of Carlsbad this 7d-day 1962. - &M% ~ C3YY CLERK OF THE CITY OF CARLSBAD - &M% ~ C3YY CLERK OF THE CITY OF CARLSBAD (SEAL 10.