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Ordinance No. 532
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 32 ORDINANCE NO. 532 AN OflpINANCE OF THE CiTy 0IE V 'RNON GRANTING A FLANCITISE TO GENERAL P--11"OLT= CORPORATION OF CALIFORNIA, ITS SUCCESSORS AND ASSIGNS TO CONSTRUCT, MAINTAIN AND OPERATE A SINGLE LINE OF PIPE IN SOTO STREET IN THE CITY OF VERNON, AND REPEALING ORDINANCE NO. 530. TEE CITY COUNCIL OF THE CITY 0]? VERNON DOES ORDAIN AS FOLLOWS: Section 1: That a franchise be, and the same is, hereby granted to General Petroleum Corporation of California, its success- ors and assigns, for a term of forty (40) years, to lay, construct, maintain, use and operate a single line of steel pipe, not less than six (6) nor more than eight (8) inch internal diameter, and appurtenances, for the transportation of mineral oils and the products thereof, or for transportation of water, in, along and across Soto Street, laid along the following described center line: Beginning at a point in the westerly line of Soto Street, 130.0 feet southerly from center line of 37th Street; thence easterly, at right angles to said westerly line, 76.0 feet; thence, northerly, parallel with, and 4.0 feet westerly from, the easterly line of Soto Street, to southerly end of City of Vernonts Soto Street Bridge; beginning again, at the northerly end of said Soto Street Bridge; thence, northerly, parallel with,. and 4.0 feet westerly fron easterly line of Soto Street, to a point 930.0 feet northerly from center line of 37th Street; thence easterly, 4.0 feet, to easterly line of Soto Street. Section 2: That the pipe line, and appurtenances which may be constructed under the privilege hereby granted shall be con- structed in accordance with plans therefor, approved by the City Engineer of Vernon; shall be of first class materiels, with top of pipe placed not less than three (3) feet below the official street grade. -1- 1 Section 3: The right, privilege and permission hereby 2 granted shall be exercised and enjoyed subject to the following 3 conditions: 4 (a) That the said Grantee, its successors and assigns 5 shall maintain said pipe line in first class conditions, to 6 the satisfaction of said City Engineer, and shall not ex- 7 cavate in any street for the purpose of such maintenance, re- 8 pair or reconstruction, without first having obtained permit g therefor from the City of Vernon. 10 (b) That the said Grantee, its successors and assigns, 11 shall assume full responsibility for any damage whatsoever, 12 either to City of Vernon or to others, which may be occas- 13 ioned by reason of breaking or leafing of said pipe line, 14 and appurtenances, and shall, at their own cost and expense, 15 clean up and remove any and all spillage from such break 16 or leak as may be directed by the City Engineer of Vernon. 17 (c) That the said Grantee, its successors and assigns, 18 shall at its own cost and expense, repair, maintain, safe- 19 guard, support and/or relocate sckid pipe line and appurten- 20 ances across or along the trench or excavation in said street 21 during construction or reconstruction of sub-surface structures 22 of any bind or description; the installation of which is 23 being done under authority of City of Vernon; and shall, at 24 its own cost and expense, lower or otherwise relocate said 25 pipe line, and appurtenances, should such be required by 26 change in the official sheet grade. 27 (d) That, upon the granting hereof, the said Grantee, 28 its successors and assigns, shall execute a separate'agree- 29 ment with City of Vernon, thereby leasing space on the City's 30 Soto Street Bridge for supporting said pipe line over the Los 31 Angeles River, said separate agreement to run for an inter- 32 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 wz tm 31 32 minate number of years and be sub et to cancellation, after thirty (30) days' notice, by action of Vernon City Cuncil. (e) That, upon the granting hereof, and upon execu- tion of said separate lease agreement, said Grantee, its successors and assigns, shall pay to City of Vernon, a rental charge, for the period starting March 1, 1938, and ending February 29, 1940, at the rate of Two Hundred Twenty- six Dollars (,226.00) per annum, and, thereafter, shall pay to the City of Vernon, annually in advance, the sum of two Toundred Twenty-six Dollars (p226•00), so long as said lease agreement shall be in effect. (f) That said. Grantee, its successors and assigns, shall acquire no rights, whatsoever, under this franchise, for Placing said pipe line on the City's Soto Street Bridge, such rights as are granted under separate lease agreement, being subject to cancellation, as aforesaid; provided, however, that sub-sections (a), (b) and (c) above, shall equally apply to the portion of pipe line located upon the Egoto Street Bridge, the same as if same were included in the lease agreement. (g) That the said qrantee, its successors and assigns, shall, at all times during the life of this Franchise, keep on file with the City Clerk of the City of Vernon a bond running to City of Vernon in the penal sum of One Thousand Dollars (10000.00), by a Bonding Company, ap- proved by the City Council of the City of Vernon, dondit- ioned that said Grantee, its successors and assigns, shall well and truly observe, fulfill and perform each and every term and condition of said Franchise, and that in case of any break of condition of said bond the whole amount of -3- 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 Q ;'z 26 mW} < ° " 27 (() %' = W Q W (1)Wo u. 6Qgz< m 000. 5i LL 28 9.>F 4 Y Q W 44pm°' W 29 °aF ).nz; 000 o = ozg30 .F F z g= 31 32 the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal aid sureties upon said bond. (h) That any neglect, failure or refusal on the part of the Grantee, its successors and assigns, to observe and /or comply with any of the terms or conditions here- in contained, shall effect a forfeiture of the rights, privileges and permissions hereby granted, and the City, by its City Council, may declare forfeited; and may exclude said and assigns from any further use such rights and privileges Grantee, its successors of said street occupied by said pipe line, and appurtenances, and the grant hereby made shall thereupon #ecome and remain null, void, and of no effect. Section 4: That the City of Vernon, in granting the rights and privileges herein contained, expressly reserves the right to grade, pave, macadamize, or repave, regrade and re- macadamize the street along and across which the said pipe line is to be con- structed, and to construct and re- construct sub - surface structures of be any and all kinds under or along said pipe line. Section 5: That said pipe line and appurtenances shall operated and maintained subject to such other regulations and conditions as may be prescribed from time to time by the Council of the City of Vernon. Section 6: That the Grantee, or its successors in interest shall, during the life of this franchise, pay to the City of Vernon, in lawful money of the United States, two percent (2°%) of the gross annual receipts of said Grantee arising from the use, operation and possession of this franchise within the corporate limits of the City of Vernon. The said two percent (25) of gross receipts shall begin with the first year succeeding the date of thi franchise, and it shall be the duty of such grantee, between -4- 1 January 1, 1941 and March 1, 1941, and between January 1st and 2 March 1st of each and every calendar year thereafter, to file with 3 the City Clerk, a statement, verified by the oath of said grantee, 4 or by the oath of the president, secretary or general manager of 5 said grantee, showing in detsil and in total all ,ross receipts 6 and gross earnings collected or received by said grantee during 7 the preceding calendar year arising from the use, operation and 8 possession of this franchise located within the corporate limits 9 of the City of Vernon. Within ten (10) days after the filing of 10 said statement in any year, it shall be the duty of said grantee 11 to pay to the City Treasurer two percent (2) of the total amount 12 of the gross receipts shown on such statement. If, in the judg- 13 ment of the City Council, the amount tendered in payment is in- 14 correct, said Council may order the payment of such additional sum 15 as it may find due, and if said payment in the correct amount is 16 not made, same shall be collected by suit. To enable said City 17 to ascertain the true amount payable, said City or any duly auth- 18 orized agent of said City shall, at any reasonable time or times, 19 have access to all books, accounts and records of said grantee, 20 its successors or assigns, which may be material to said natters; 21 and any neglect, omission or refusal of said grantee, its suc- 22 cessors or assigns, to file said verified statement or to permit 23 said inspection or to pay the said percentage of the said gross 24 annual receipts at the times and in the manner hereinbefore pro- 25 vided, shall ipso facto work a forfeiture of this franchise and 01 9z 26 all the rights hereunder to the said City of Vernon. 0m >. <0 or, r6>-zi.12 Section 7: That Ordinance No. 530 of the City of Vernon, co,41020= < z g owLiMi 28 is hereby repealed. 2>F-1,4t 29 Section 8: There being no newspaper of general circu- wi-t0 ou .01 x Szg 30 lation printed, published and circulated in the City of Vernon, wz 31 gx the City Clerk is hereby directed to certify to the passage of 32 this Ordinance, and shall post same, or cause same to be posted, in three of the most public places in said City, to-wit: the 2 northwest corner of 38th Street and Santa Fe Avenue; the north- west corner of 37th Street and Santa Fe Avenue, and on the bulle- tin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa 2e Avenue, in said City; that this Ordinance shall be in full force and effect from and after thirty (30) days 7 from the date of posting. Adopted and approved this 2nd day of April, 1940. /r 10 11 ATTE 12 14 15 16 17 18 STATE OF CALIFORNIA ) SS 19 County of Los Angeles) 20 I, T. J. FURLONG, City Clerk of the City of Vernon, do 21 hereby certify that the foregoing Ordinance was duly and regularly 22 introduced at a regular meeting of the City Council of the City of 23 Vernon held on the 19th day of March, 1940, and thereafter finally 24 adopted at a regular meeting of said. City Council held on the 25 2nd day of April, 1940, by the following vote: the C y *" mon 6 < 26 AYES: SOHEIDER, PERALTA, FURLONG 9i >. ,0 NOES: NONE mm 27 ABSENT: LEON'S, LEVY 0 oh— iii>-.,%‹. owo.u. w.cfeza a 0001,i: 28 w .. - ity of Vernon. (2>i-od<w 17: a hqn g . o.„e. zt 29 er,5819.1 0- 'lel 1 is z g 30 1- mi- w z tm 31 (7,' 32 -6- State of California ) County of Los Angeles: City of Vernon I, T. J. FURLONG, City Clerk of the City of Vernon, do hereby certify that I did on the day of 19441? post copies of�= n� i,, in the following places to- wit: At the northwest corner of 38th Street and Santa Fe Avenue, at the northwest corner of 37th Street and Santa Fe Avenue, and at the entrance to the City Hall, located at 4305 Santa Fe Avenue, there being no newspaper of general circulation printed and published in the City of Vernon. Signed this i5 day of Subior Ind to before m• thts ,. .,...day ..... : �c o // , s..... .Notary Public NA •rM tN1696/7 N tea MOM. 11M11 s OAuFesu6 19iP , City o vernon California SUPPORTING DOCUMENTS Mobil Oil Corporation City of Vernon City Hall Vernon, California Attention: City Clerk Gentlemen: OECEEVED A. ZIWER CITY CLFr:K June 6, 1966 612 SOUTH FLOWER STREET LOS ANGELES, CALIFORNIA 90054 FIREMAN'S FUND INSURANCE CO. BOND NO. L 66081 FRANCHISE BOND - COVERING CITY ORD. # 532 Effective May 18, 1966, the name of this company was changed from Socony Mobil Oil Company, Inc., to Mobil Oil Corporation. The corporate entity, however, remains unchanged and all obligations remain the same. We enclose a rider to the subject bond to indicate the change of name. If there are any questions, please refer to the undersigned. Very truly yours, SR/ach Enclosure Stanley Roller Area Claim Department RIDER In consideration of the premium charged, it is understood and agreed that: Effective from the 18th day of May 19 , The bond to which this rider is attached and becomes a part thereof shall be, and the same is hereby amended by changing the name of the Principal from: Socony Mobil Oil Company, Inc. to: Mobil Oil Corporation Provided, however, that the liability of the F.iremans Fund Insurance Company under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the undermentioned bond, other than as stated above. Attached to and forming a part of Bond No T. O81 issued by the F i..eman' s Fund Insurance Company dated the 2nd day of April 19 48 , on behalf of Genera.") Petroleum Corporation and in favor of City of Vernop Signed this 18th day of Miy , 19 66 FIREMAN'S FUND INSURANCE COMPANY ATTORNEY -I11•/ACT Robert B. Livingston ACCEPTED SOCONY MOBIL OIL COMPANY, INC. BY MOBIL OIL CORPORATI M -BN 48 8 -56 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That MOBIL OIL CORPORATION, formerly known as Socony Mobil Oil Company, Inc., a corporation organized and existing under the laws of the State of New York, does hereby make, constitute and appoint F. A. JOHNSON and STANLEY ROLLER, and each of them, its true . and lawful attorneys for it and in its name, place and stead, to execute bond applications, bonds and indemnifications for and on behalf of this corporation. HEREBY REVOKING a similar Power of Attorney granted to F. A. Johnson and Stanley Roller under date of January 31, 1963 by this Company, then.known as Socony Mobil Oil Company, Inc. IN WITNESS WHEREOF, said MOBIL OIL CORPORATION has caused these presents to be signed by a Vice President, and its corporate seal to be hereunto affixed and attested by an Assistant Secretary, this 3/ day of May, 1966. ATTEST: zfl { j. 7 R injHSAHL ',Assistant Secretary MOBIL OIL CORPORATION By Vice President STATE OF NEW YORK SS.: COUNTY OF NEW YORK On e , /��`y day of May, 1966, before me per- sonally came E•- L_v , to me known, who, beinq. ___i duly sworn, did depose and say that he resides at ,41 iY that he is a Vice President of MOBIL OIL CORPORATIOIP,ARifi3O corporation described in and which executed the foregoing in- strument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. CARL McCi7i°A NOTARY No. IC, State 3t NOM l�b Ii r Qualified In Quedns 001.10 4/ Cert. filed in New York Countq, 3'erm Expires March 30k i90i4 AN iv: 1 2 3 it T iIS IND T _ and entered into this 9 da' of AG' 4 CITY OF VERNON, a Muni ci paj Corpora- 5 tion orgainsed and existing under and by virtue of the lase of the 6 state of California, party of the first part, hereinafter called 7 "Cit7", and GENERAL PETROLEUM CORPORATION OF CALIFORNIA, party of 8 the second part, hereinafter called "Lssaee ". February, 1944, by and betwe 9 10 11 12 13 14 15 16 17 respective ends of said pipe line with pipe line laid upon, aeroas 18 and affixed to said Soto Street Bridge; and 19 he 8ity is willjng to lease space on said ITNES T Hs THAT WHEREAS,, the City has td to lessee, by virtue -63,19I the right to oonstruet, operate and maintain its in Soto street, described in said Ordinance th northerly and southerly of the City of Vernon Soto Bridge: and WHEREAS, the lessee is desirous of connecting the 20 I bridge for► plat of lessee's pipe tins thereon, for the pur- 21 pose aforesaid 22 NOW 23 FOLLOWS t 24 25 II and ass IT IS MUTUALLY C{ V ANTED AG Tt City hereby is to lessee,, its successors he t and privilege to construct, maintain and 26 operate a stool pip, line, not less than six (6) inches nor more 27 than sight (8) inches internal diameter, for transportation of 28 mineral oils and the products thereof, or for transportation of 29 water, in, al g:, and affixed to the Ci ty of Vernon's Soto Street Bridge, said pip. line to be constructed in accordance with plane 31 ( therefor, approved by the City Engineer of the City of Vernon, and 32 -1 6‹ 9z mm 0 U4 J N tow o. o 2 e,Qcizza g w a .l > LL 4 >' b. < o z= Q F F > N O = gzg 30 P. mi.. F z 1 2 3 4 i coadi That t ions se 3v 7 8 9 10 11 12 13 14 15 16 17 18 19 granted, the lessee agrees to °amply with all the form; 20 ditione set forth herein, together with all terms and c 21 that in anywise affect said pipe line in Franchise 22 and agrees to pay the City, forthwith, a rental charge for the 23 period beginning March 1, 1938 and ending February 29, 1940, 24 of Four Hundred Fifty-two Dollars (w# ,04); and, thereafter 25 lessee agrees to pay the City annually in advance, the sum of Two 26 Hundred Twenty.siz Dollars (226.40) f ©r and during the life of this 27 agreement; the lessee further agrees that upon cancellation of this 28 agreement for any reason whatsoever, that it will immediately re lessee ebal comply orth herein and in t subject to the to the te orosaid Ordinance (b) The C i ty rsassrves the right to cancel the privilege and permission hereby granted upon the failure of the lessee o comply with the terms, conditions and rest ct herein contained or contained in Franchise ttrd _.R -, which in any way attests the privilege herein granted. (a) In the event of distraction of the bridge, tt shall not., in any way, be compelled to re -build same so as to support or carry said pipe line. (d) The City reserves the right to canoel this contract the event the space now occupied by said pipe line is necessary for the use of the City upon a thirty (30) day written notice to the lessee.. 0 For the right, privils, is on herein and con 29 g_ N move said piped: 31 binding upon 32 from said Soto Street Bridge., ament shall inure to the benefit of, and be censors or assigns of the parties hereto . 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 ;z 26 m re >. 0 0,2.1; 27 J d w w 0 1 0 o▪ U • b.xLL 28 E Zap "n 29 o< a l- f n P _ ;z;f 30 F- w H �z N= 31 32 Pro full force Clerk lessee hers of tha C he lessee, this a s City, by its nt shall be in S the City by the Mayor of said City and the City of said City, and also the hand and seal of the day and year herein first written. GENERAL CALIFOR By 0 COR.'ORATIO d OF July 30, 1952 MEMORANDUM File: 4-G-2 For abandonment of certain portions of General Petroleum Corporation M-3 Oil Pipeline in 37th Street and Soto Street, for new locations of crossings of Soto Street, for replace- ment of 6" with 8" pipe in Soto Street and on bridge, and for relocation north of Soto Street Bridge over L.A. River, see following Engineering Dept. Permit applications: Engr. #2272 5233 5234 5235 5247 C.S.F. GENE rOill! SOCONY- VACUUM PE ROLE U v C O ° MON D ' CALIF'011NIA. A SOCONY - VACUUM COMPANY 108 WEST SECOND STREET L s A., (GEL s,,C City of Vernon City Hall Vernon, California. Gentlemen: September 4, 19.40 GP•RGCYL€ LUBRICANTS Attention: Mr. T. J. Furlong City Clerk We are herewith transmitting Franchise Bond dated April 2, 1940 in the amount of 01000.00 pursuant to the provisions of City of Vernon Ordinance No. 532. This bond supersedes the bond filed under Ordinance No. 530. Will you kindly acknowledge receipt of the enclosed bond and return the other bond to us. CWS /AT Encl. Yours very truly, FRANCHISE BOND COULD NOT BE SCANNED DUE TO THE TYPE OF PAPER IT IS PRINTED ON.