April 11, 2013 Page 5 PUBLIC NOTICES ORDINANCE NO. 2043 those already included in the fee and adjusted each calendar to each, verified under The City shall be immediately reads “... endeavor to ...” and “ AN ORDINANCE OF THE initial franchise agreement for year, including the year of oath by a duly authorized notified by Grantee of all but failure to mail such notice CITY COUNCIL OF THE any of the purposes covered granting this franchise, on the representative of the Grantee, discharge, release, or escape of shall impose no obligation or CITY OF HAWTHORNE, by this franchise provided that applicable fee payment date in showing as of December 31 any petroleum, oil, gas, gasoline, liability of any kind upon the CALIFORNIA, GRANTING facilities constructed pursuant accordance with the following of the immediately preceding other liquid hydrocarbon company.” TO CRIMSON CALIFORNIA to any such further authorization formula: calendar year (“franchise report products, wet gas, industrial ENDORSEMENT: PIPELINE, L.P., AN by the City Council shall be 1. The “Consumer Price period”), the length of each of gas, chemicals, steam, water, Notwithstanding any EXTENSION OF A subject to all of the provisions of Index for all Urban Consumers Grantee’s pipelines located in waste water, mud, or other inconsistent expression PETROLEUM PIPELINE this franchise. (“CPI-U”) for the Los Angeles- City’s highways, the nominal substances from Grantee’s in the policy to which this FRANCHISE Riverside-Orange City internal diameter and actual pipelines and appurtenances endorsement is attached, or The City Council of the City SECTION 3. Consideration; California Metropolitan Area cubic area or comparable within the franchise area. All any other endorsement now of Hawthorne does ordain as Payment of Fees. (1982-84 = 100), All Items,” as linear feet occupied by each actions to investigate, remove, or hereafter attached thereto, follows: In addition to the compensation published by the United States such pipeline, the “rate per or remediate any substance or made a part thereof, the SECTION 1. The City Council for the franchise granted by Department of Labor, Bureau foot per year,” defined as the reasonably demonstrated to protection afforded by said finds and declares that: this Agreement, Crimson of Labor Statistics/Office of amount payable per cubic foot be discharged, dispersed, policy shall: On July 25, 1966, the City shall annually pay to the City, Information (“Bureau”), shall or comparable linear feet per released, or escaped from 1. Include the City of Hawthorne Council of the City of Hawthorne pursuant to Public Utilities be defined as the “index,” and year under Section 3, and the Grantee’s pipelines, and to as an additional insured (“City”) granted Union Oil Code Section 6231.5(a)(3), a such index as it existed on April computation of the total amount repair or restore Grantee’s covering all operations of the Company of California a sum annually which shall be 30, 2012 (i.e. 236.866), shall of the annual base franchise pipelines and appurtenances insured or contractors and new franchise for petroleum equivalent to the length of pipe be defined as the “base index,” fee due to the City, together shall be the sole responsibility of subcontractors or anyone products underground pipeline within the streets, as defined in which is declared to be 100, with such data as is necessary Grantee and shall be conducted acting on their behalf under the pursuant to Hawthorne Section 1 of Ordinance No. 872, and the index for the month in the opinion of the Director of by Grantee or Grantee’s agents, contract with the City for work in Ordinance No. 866. expressed in feet multiplied of September immediately Public Works and the Finance in conformance with any and all or about the said City, whether On November 28, 1966, the by the applicable base rate, preceding the December 31st Manager to calculate or verify applicable laws, ordinances, liability is attributable to the City Council adopted Ordinance as adjusted pursuant to fee payment date shall be the calculation of the annual rules, regulations, requirements, insured or the City. (To include No. 872 amending Ordinance subdivision (d) of Public Utilities defined as the “current index”; base franchise fee as required and orders whatsoever, present the elected officials, appointed No. 866 to increase the amount Code Section 6231.5, the 2. If the current index by Section 3. or future, of the federal, state, officials, and employees.) of franchise payment and Grantee shall pay consideration differs from the base index, SECTION 5. Late Payments. City, or other applicable local 2. Not be cancelled or changed, to include rate adjustment as hereafter provided. then the base annual fee In the event Grantee fails to government at Grantee’s sole except by written notice to the published by the United States Base Franchise Fee. shall increase or decrease by make any of the payments cost and expense, and shall City Clerk and City Attorney of Bureau of Labor Statistics. 1. A base annual the percentage increase or provided for herein on or before be immediately undertaken by the City of Hawthorne at least Unocal California Pipeline franchise fee shall be paid by decrease between the current the dates they are due, the Grantee or Grantee’s agents. thirty (30) days prior to the date Company (UNOCAP) was the Grantee within sixty (60) index and the base index, Grantee shall pay a late charge If Grantee fails to take any of such cancellation. incorporated in May, 1991. days after the end of each provided that, if the current of ten percent (10%) of the action required pursuant to 3. No exclusion relating to the Union Oil Company of California calendar year and during the index drops below the base amount due, said ten percent this section, City may, but shall risks of underground hazard, owned all shares of UNOCAP life of the franchise for each index, no adjustment shall (10%) being due on the sixty- not be obligated to, take all collapse, or explosion shall act stock in May, 1991. and every year, including the be made. The base annual first (61st) day after the due actions it deems appropriate at to limit the benefits of coverage, In April 1998, UNOCAP stock year of granting the franchise fee shall be multiplied by an date. The ten percent (10%) has Grantee’s sole expense. Upon as they shall apply to the City of assignment was transferred by multiplying the pipe length adjustment factor determined been set by both parties hereto written demand by City, Grantee Hawthorne as provided in this from Union Oil Company of expressed in feet by the by dividing the current index by in recognition of the difficulty shall reimburse City for all City endorsement. California to Tosco Corporation. applicable base rate as follows: the base index. For example, in affixing actual damages expenses reasonably incurred 4. The insurance afforded In November of 1998 without if the current index is 194.500, from a breach of said time of in connection with City’s actions the City, Boards, Officers, change in ownership, Unocal the annual franchise fee shall performance requirement. including, but not limited to, all Agents and Employees shall California Pipeline Company Pipe size Base rate be one hundred and fifty- In the event full payment of any direct and indirect costs relating be primary insurance and (UNOCAP) changed its (internal per lineal one and 1/10th percent (i.e., rate, payment, or fee, including to investigation, remediation, not contributing with any other corporate name to Union diameter foot 194.500 I 128.700 = 1.511 the ten percent (10%) late and removal. insurance of the City Pipeline Company (California) in inches) ($) = 151.1%) times the base charge, is not received within SECTION 7. Transfers and B. Self Insurance. Grantee shall and was wholly owned by Tosco 0-4 0.088 annual fee, provided however, ninety (90) days after the due Assignments. have the option to self-insure as Corporation. under no circumstances shall date, an assessment of interest The Grantee shall not sell, may be approved by the City’s Effective on January 1, 2003 6 0.132 the multiplying factor be less shall accrue on the unpaid transfer, assign or lease the Risk Management Department. Tosco Corporation merged and 8 0.176 than one, nor shall the annual balance at one percent (1%) franchise or any part thereof, Grantee’s program of self- was acquired by ConocoPhilips franchise fee calculated using per month beginning on the except with the consent of insurance shall meet the Pipeline Company and 10 0.220 said factor, be less than the ninety-first (91st) day after the the City Council. Such sell, following requirements: becoming a direct subsidiary of 12 0.264 base annual fee. If the Bureau due date. transfer, assignment or lease The City shall be provided at the same. shall revise the index, the SECTION 6. Indemnification. shall be made only by filing with the least the same defense of On July 1, 2008, ConocoPhilips 14 0.308 parties hereto shall accept Grantee shall indemnify, defend, the Council a copy of the duly suits and payments of claims Pipeline Company (formerly 16 0.352 the method of revision for and hold harmless the City and executed instrument of such as would be provided by the Unocal) sold a part of its conversion recommended by its special districts, elected and sale, transfer, assignment or first dollar of commercial franchise to Crimson California 18 0.396 the Bureau; and appointed officers, employees, lease and a written request for and workers compensation Pipeline, L.P., a California 20 0.440 3. If the Bureau and agents (“City’s agents”) the consent of the Council to insurance. limited partnership. discontinues the preparation from and against any and all such sale, transfer, assignment A formal declaration of self- The City Council wishes to 22 0.484 or publication of the CPI-U for liability and expense, including or lease. If such duly executed insurance shall be approved extend the pipeline franchise 24 0.528 the area, and if no translation claims and lawsuits for injuries instrument and such written by City’s Risk Management granted under Ordinance No. or transposition table prepared or damages of any nature request, is not filed with the Department. This can be 866 for an additional 15-year 26 0.572 by the Bureau is available whatsoever, including but not Council before the expiration in the form of a certified term and have City approve the applicable to the CPI-U as it limited to bodily injury, death, of sixty (60) days after the statement from an authorized assignment. existed on April 30, 2013, then personal injury, or property effective date of such sale, representative of the Grantee. SECTION 2. Franchise Grant, The base franchise fee shall the amount of each annual damage, including property transfer, assignment or lease, Term and Conditions. be due and payable during franchise fee shall be computed of the Grantee, and including then, upon the expiration of said SECTION 9. Execution. The franchise granted to the life of the franchise, The by reference to such other price pollution liability, defense sixty (60) days, the franchise The Mayor of the City shall Union Oil Company is hereby annual fee shall be paid no index as may be chosen by costs, legal fees, and workers’ shall be subject to forfeiture sign and the City Clerk shall renewed and extended for a later than December 30th the City, and the City shall be compensation benefits, based and the Council may, without attest to the passage of this period of 15 years in favor of of each calendar year. The the sole judge of comparability upon, arising from, or relating to notice, by ordinance, repeal the Ordinance. The City Clerk shall Crimson California Pipeline, formula used in arriving at the of successive indices and its either: (1) Grantee’s operations franchise. As a condition to the cause the same to be published L.P., a California Limited annual franchise fee shall apply determination on this point shall or the services provided by granting of consent to such sale, once in the official newspaper Partnership (“Grantee”). The to any existing, replacement be final and conclusive. In no Grantee, its employees, agents, transfer, assignment or lease, within fifteen (15) days after its term of the extended franchise modification or extension of the event shall the amount of the servants, receivers, contractors, the Council may impose such adoption. This Ordinance shall shall expire on March 26 , 2028 pipe. annual franchise fee payment subcontractors, successors, or additional terms and conditions become effective thirty (30) to install, operate, maintain, C. Base Construction calculated according to the base assignees (“Grantee’s agents”) upon the franchise and upon days from its adoption. replace, renew, inspect, change Permit Charges. Excluding rate and adjusted by reference in connection with this franchise; the grantee or assignee, PASSED, APPROVED and the size, abandon in place those activities as part to such other price index be and/or (2) the acts or omissions which the Council may deem ADOPTED this 9th day of April, and/or remove pipelines for of Grantee’s on-going less than the base annual fee of Grantee, Grantee’s agents, to be in the public interest. 2013. the transportation of oil, gas, maintenance activities or as set forth in Section 3.B. or any person in connection with Such additional terms and gasoline, petroleum, wet gas, as required as part of a City In addition to the foregoing activities or work conducted conditions shall be expressed hydrocarbon substances, water, or other local, state, federal annual payment, the Grantee or performed pursuant to this by ordinance. Nothing herein DANIEL JUAREZ, MAYOR waste water, mud stream or or privately funded project, shall also pay the City: franchise and arising out of contained shall be construed City of Hawthorne, California other substances transportable Grantee shall pay at the time of 1. As consideration for such activities or work. Grantee to grant to the Grantee the by pipelines, including cathodic commencement of installation, the franchise extension the shall also indemnify, defend, right to sell, transfer, assign or ATTEST: protection facilities, within, relocation, or replacement of Grantee shall pay the City a one- and hold harmless the City lease the franchise, or any part City Clerk under, along and across the any pipeline or other facility time renewal fee of $ 7,500.00 and the City’s agents, from and thereof, except in the manner public streets, highways, alleys, covered by the franchise, within thirty (30) days after the against any and all pollution aforesaid. This section applies and other public ways or public a base construction permit adoption of this ordinance for liability, contamination, or to any assignment, whether by APPROVED AS TO FORM: property of the City.. charge of $3,384 for each pipelines with a total length of environmental degradation operation of law, by a voluntary Russell Miyahira Except as expressly provided one-half (1/2) mile of trench or one-quarter (1/4) mile or more liability, including any and all act of the Grantee or otherwise. City Attorney herein, the terms and provision fractional part thereof installed, or $1,600.00 for pipelines with expenses, claims, and lawsuits SECTION 8. Insurance of Ordinance No. 866 and its replaced or relocated on major a total length of less than one- for injuries or damages of any 1. Liability coverage not less amendment Ordinance No. 872 streets and $2,232 per one-half quarter (1/4) mile shall be paid nature whatsoever, defense than $10,000,000.00 per shall continue in full force and (1/2) mile of trench or fractional within thirty (30) days after the costs, legal fees, and workers’ person and $10,000,000.00 I, Monica Dicrisci, the duly effect. part thereof, on minor streets Council adopts the ordinance compensation benefits, per occurrence for bodily appointed Deputy City Clerk Section 2. B of Ordinance No. or actual cost of inspection, granting the franchise; and arising from or relating to any injury, and property damage of the City of Hawthorne, 866 is hereby amended to read whichever is greater. The City 2. Grantee shall pay to threatened, actual, or alleged of at least $10,000,000.00 per California, DO HEREBY as follows: reserves the right to change the City within thirty (30) days discharge, dispersal, release, occurrence; or combined single CERTIFY that the foregoing Grantee is responsible to the base construction charges after receiving a statement or escape of any substance limits of $10,000,000.00 per Ordinance, being Ordinance comply with all applicable established hereunder at any therefore, all advertising and into or upon any person, thing, occurrence. No. 2043 was duly adopted federal, state and local laws with time after the effective date publishing costs, including or place, including the land, 2. Worker’s Compensation. by the City Council of the City regards to any proposed new of the ordinance granting the cost of publishing the soil, atmosphere, man-made SPECIAL REQUIREMENTS: of Hawthorne, at their regular pipeline or rerouting existing a franchise, but the base ordinance, if necessary, structure, and/or any above or 1. City of Hawthorne named as meeting of the City Council held pipelines including, but not construction fees applicable incurred in connection with the below ground watercourse or additional insured. April 9, 2013 and that it was limited to, paying for applicable to any one (1) franchise may granting of the franchise. body of water, in connection 2. 30-day non-equivocal clause adopted by the following vote, environmental studies, only be changed three (3) times SECTION 4. Reports. with this franchise. The stating the insurance will not be to wit: hearings, planning and any during the life of that particular The Grantee shall during the life Grantee shall not be obligated cancelled or materially changed AYES: Councilmembers Reyes and all applicable discretionary franchise. of the franchise: to indemnify the City and prior to written notification to English, Vargas, Michelin, or ministerial application and D. The total amount File with the Director of Public City’s agents for liability and the City Clerk of the City of Valentine, Mayor Juarez. processing fees in conjunction of the annual franchise fee Works and the Finance expense arising from the active Hawthorne. NOES: None. with proposing any new street, payment shall be calculated Manager, on the fee payment negligence of the City and the 3. Strike the equivocal line of ABSTAIN: None. alley or other public ways than from the annual base franchise date, a report with a copy City’s agents. your cancellation clause which
Lawndale 04_11_13
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