Ordinance No. 585
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1 ORDINANCE NO. 585
2 AN CRDINANCE OF THE CITY OF' VERNON, GRANTING TO UNION OIL C O.MPANY
OF CALIFORNIA, A CALIFORNIA CORPORATION, ITS SUCCESSORS ANS AS-
3 SIGNS, A FRANCHISE TO INSTALL, CONS'IIRUCT, N1.AINTAIN, REPAIR, RENEW
AND CHANGE THE SIZE, NOT TO EXCEED SIX (6) INCHES IN INTERNAL
4 DIAMETER, OF PIPE LINES FOR THE TRANSPORTATION OF PETROLEUM
OIL, TOGETHER WITH MANHOLES, SERVICE CONNECTIONS AND APPURTE-
5 NANCES, NECESSARY OR CONVENIENT FOR THE OPERATION OF SAID PIPE
LINES, FOR THE TERM OF TWENTY-FIVE (25) YEARS, UNDER, ALONG
6 AND ACROSS CERTAIN PUBLIC STREETS IN THE CITY OF VERNON.
7 TIi'E CITY C OUNC IL OF THE CITY OF VERNON DOES ORDAIN AS FOLLOWS:
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Section 1. That the franchise hereby is granted to
Union Oil Company of California, a California,corporation, its
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successors and assigns, to install, construct, maintain, repair,
renew and change the size, not to exceed six (6) inches in
internal diameter, of pipe lines, for the transportation of pe-
troleum oil, together with manholes, service connections and app-
urtenances necessary or convenient for the operation of said
pipe lines, for the term of twenty-five (25) years, under, along,
and across those certain streets in the City of Vernon, des-
cribed as follows:
1. Fifty-fifth street, between the center line of 1st
alley east of Santa Fe Avenue and a point 1600 feet
westerly thereof;
2. Westerly one-half of Boyle Avenue, between the south
boundary of the City of Vernon and a point 800 feet
northerly thereof;
3. Slauson Avenue, between the center line of Boyle
Avenue and a point 2000 feet easterly thereof;
4. Across 26th street, 29 feet east of the center line
of AtChison, Topeka and Santa .l:"e Railway Company's
right of way;
5. Across 27th street, 27.5 feet east of the center
line of AtChison, Topeka and Santa Fe Railway Com-
pany's right-of-way,
6. Across 28th Street, 27 feet east of the center line
of AtChison, Topeka and Santa Fe Railway Company's
right of way;
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7. Across the certain alley running parallel with and
adjacent to the westerly boundary of Atchison,
Topeka and Santa Fe Railway Company's right of way,
333 feet south of 28th street;
8. Across 30th street, 26.9 feet east of the center line
of AtChison, Topeka and SantaFe Railway Company's
right of way;
9. Across 37th street, 26.9 feet east of the center line
of AtChison, Topeka and Santa Fe Railway Company's
right of way;
10. Across Vernon Avenue, 27.6 feet east of the center
line of Atchison, Topeka and Santa Fe Railway Com-
pany's right of way;
11. Across Pacific Boulevard, 6.4 feet east of the center
line of Atchison, Topeka and Santa Fe Railway Com-
pany's right of way;
12. Across 49th Street, lll.e feet least of the center line
of Atchison, Topeka and ~anta Fe Railway Company's
right of way;
13. Across Fruitland Road, 7.9 feet east of the center
line of AtChison, Topeka and Santa Fe Railway Com-
pany's right of way;
14. Across that portion of 52nd street lying north of the
south boundary of the City of Vernon, 7.9 f~et east
of the center line of Atchison, Topeka and ~anta Fe
Railway Company's right of way;
15. Across 57th Street, 1279.7 feet west of the center
line of Santa E'e Avenue.
Section 2. DEFINITIONS
For all purposes of the
franchise the meaning of the following words and phrases shall
be as defined in this section unless it shall be apparent from
the context that they have a different meaning.
GRANTEE: The corporation to which the
franchise is awarded and granted by the City Council of the City
of Vernon and its successors.
Ql!X: The City of Vernon of the County of
Los Angeles, State of California.
FRANCHISE: The grant, franchise or priv-
ilege accorded grantee by the franchise ordinance approved by
the City Council.
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EFFECTIVE DATE: The day after the expi-
ration of thirty (30) days after the date on which the ordi-
nace granting franchise is published or posted as required by
law.
STREET: Any public street, road, high-
way, lane, alley, court, sidewalk, parkway or similar public
place or below same within the City as existing now or any
time during the life of the Franchise.
SECTION 3. DURATION OF FRANCHISE: Subject to the
provisions of this section, this franchise shall expire at the
end of twenty-five (25) years from the effective date thereof.
If any term or condition of this franchise
shall be or become invalid or unenforceable, the Lity Council
may by ordinance forthwith terminate the franchise, provided
the City Council shall find and declare that the invalid or un-
enforceable term or condition constituted a consideration mater-
ial to the grant of this franchise.
If grantee shall at any time fail to com-
ply with one or more of the terms or conditions of this franchise
or with any other obligation which may be required by law to be
imposed on grantee by reason of the grant of this franchise,
the City Council may by ordinance declare this franchise forfeit-
ed, provided that if such failure to comply shall be due to a
cause beyond the control of the grantee, then no such forfeit-
ure shall be declared until such failure to comply shall have
continued for a period of six months.
Section 4: OPERATION: The pipe lines and appurte-
nances constructed, operated or maintained pursuant to this
franchise shall be used solely for the transportation of petro-
leum oil.
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Section 5: INSTALLATION AND MAINTENANCE: The
2 construction, installation, replacement, removal, relocation and
3 maintenance of pipe lines and appurtenances shall be subject to
4 such regulations as may now or hereafter be preseribed by any
5 law or ordinance in force or effect. All work in City streets
6 shall be continuously prosecuted in good faith and without un-
7 necessary or avoidable intermission or delay and in a good and
8 workmanlike manner. An street pavement or other Ci ty Improve-
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ments disturbed or removed during the course of such installa-
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tions or maintenance shallbe replaced in kind by the Grantee.
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All such work shall be done under the direction, supervision and
to the satisfaction of the City Engineer, and under regular
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permit issued therefor, in each instance, as approved by the
City Council.
Section ~: STREET EXCAVATIONS:
Grantee shall have
the right, subject to existing or future orders, ordinances or
regulations of the City CounCil, to make all necessary excava-
tions in streets for the construction, repair and maintenance
of pipe lines and appurtenances. The granting of the franchise
shall not be construed to relieve grantee from the provisions
of any ordinance or law that may be in force at the time requir-
ing applications to be ;made and permits obtained for excavations
in the streets before such work may be done. Grantee shall make
such deposit of money or shall file such bonds with the City
Council as ~y be from time to time required for persons making
excavations in the streets for the purpose of insuring the res-
toration of streets to a good and satisfactory condition along
such excavations.
Section 7: REMOYAL OF PIPE LINES: In event of aban-
donment, unless specifice.lly authorized by t he City Council to
abandon in place, all pipe lines and appurtenances shall be
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1 removed by Grantee and he shall reconstruct the pavement and
2 other street improvement as provided in Section 5 hereof.
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Section 8:
INSTALLATION OF UTILITIES. The City
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reserves the right to itself and under permit by itself to
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others, to install, maintain, repair or renew gas, water and
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other utility pipes, conduits and appurtenances under, over or
contiguous to said pipe lines of grantee, without expense to
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the grantee and without loss or damage to its property, PRO-
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VIDED, HOWEVER, in all eases where such work is being done
for the City's account, the grantee shall protect its own
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pipe lines and shall raise, lower, or relocate same at its own
expense when, in the opinion of the City Engineer, they would
interfere with the grades or location of the City's constnuction.
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Section 9. STREET IMPROVEMENT BY CITY: The City
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may change the grade of any street or portion thereo~. which
pipe lines are located by virtue of the franchise, and may
install,maintain, and repair sewers, culverts and drains over,
under or contiguous to said pipe lines. During the progre~of
any change Of grade or other type of improvement specified
above, the grantee shall, at its own expense, raise, lower or
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relocate said pipe lines or parts thereof when requested by the
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City Engineer.
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Sectioh 10: ANNUAL PAYMENTS__.TO_TRE__"Q]_~X: On or be-
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fore August 31st of each year succeeding the effective date
hereof, grantee shall pay to the City in lawful money of the
United States, two per cent (2%) of the portion of the total
gross receipts of grantee attributable to the franchise for the
previous calendar year, as said portion is herein defined, but
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not less than seventy-five ($75.00) Dollars per year per mile of
pipe line installed by virtue of the franchise.
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For the purpose of the franchise, the total gross
receipts of grantee shall be the total amount collected or received
or in any manner gained or derived by~rantee from the entire
oil pipe line transportation system in Los Angeles and Orange
Counties, of which the pipe lines described herein are a part,
computed at the oil transportation rates required to be used
in a determination of United States Transportation Tax Payments.
In event the latter tax should be discontinued, then said gross
receipts shall continue to be computed during the remaining
life hereof at the average rates theretofore used. The total
miles of pipe lines installed by virtue of the franchise divi-
ded by the total miles constituting the aforesaid Los Angeles
and Orange County Transportation System shall be the ratio to
be applied to the total gross receipts for determining the portion
thereof attributable to the franChise. The payments to be made
under this Section shall be computed as beginning March 19,
1945, and the first payment shall be proportional to the fract-
ional year preceding the due ~ate thereof, and the last payment
shall likewise be proportional to any fractional year succeeding
a previous annual payment.
Section 11. TRANSFER OF FRANCHISE RIGHTS. The
rights and privileges granted by the franchise are for the ex-
elusive use of grantee. Grantee shall not sell, transfer, or
assign franchise, nor shall any interest therein or any right
or privilege thereunder be in whole or in part tranSferred,
leased, or assigned, or disposed of by merger, consolidation,
or by operation of law or otherwise without the Consent of the
City expressed by ordinance.
Any such consent to assignment or
transfer shall be subject to such terms and conditions as may be
presdribed by the City Council. Any such sale, lease, assignment
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1 or other deposition of franchise shall be evidenced by a duly
2 executed instrument in writing filed in the office of the City
3 Clerk. PROVIDED~ HOWEVER, that consent of the City Council
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shall not be required for any mortg~ge, transfer in trust, or
other hypothecation of grantee's property generally as secur-
ity for the issuance of any notes, bonds or other evidences of
indebtedness~ nor shall the consent of the City Council be re-
quired for any refinancing or refunding of any such notes~
bonds or other evidences of indebtedness.
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In case any portion of the streets covered by the
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franchise shall become annexed to, or otherwise become a part
of any other municipal corporation or the County of Los Angeles,
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or any other county, then, with respect to that portion removed
from the jurisdiction of the City, the rights reserved under the
franchise to the City of Vernon or to any public officer thereof
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shall thereupon inure to the benefit of such municipal corpo-
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ration or county and its appropriate officers.
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Section 12: ACCEPTANCE OF FRANCHISE:
At least ten
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(10) days before the ordinance granting the franchise becomes
effective, grantee shall file with the City Clerk a written in-
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strument accepting the franchise and agreeing to perform and
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be bound by each and all of the terms and conditions thereof~ and
such acceptance shall be a condition of the grant of franchise.
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Section 13: MISCELLANEOUS PROVISIONS: The granting
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of the franchise or any of the terms or conditions contained
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herein shall not be construed to prevent the City from granting
any identical or similar franchise to any person, firm or cor-
poration other than grantee. Grantee shall indemnify the City
against all claims, demands, actions, suits or proceedings, and
against any liability, loss, cost or expense resulting therefrom
which may be based upon or alleged to arise out of the grant
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1 of any of the rights or privileges of this franchise, or out
2 of the use, exercise or enjoyment thereof.
3 TJ:ie. provisions of the franchise and all rights, pri v-
4 ileges, obligations and duties thereunder shall inure to and
5 shall be binding upon the grantee and his or its~ccessors
6 and ass igns.
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Section 14:
There being no newspaper of general
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circulation printed, published and circulated in the City of
Vernon, the City Clerk is hereby directed to certify to the
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passage of this ordinance, and shall post the same, or cause
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the same to be posted, in three of the most public places in
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said City, to-wit:
Northwest corner of 38th street and Santa
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Fe Avenue, the Northwest corner of 37th Street and Santa Fe
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Avenue, and the Bu~letin Board in the lobby of the City Hall
of the City of Vernon, located at 4305 Santa Fe Avenue, in
said Oity; that this ordianqe shall be in full force and effect
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from and after thirty days from the date of posting.
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ADOPTED AND APPROVED this 3rd day of July, 1945.
~~Q~
ayor - ~ 0 f ernon
Pro em
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1
STATE OF CALIFORNIA )
.
.
COUNTY OF LOS ANGELES )
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I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance was duly and
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regularly introduced at a regular meeting of the City Council
of the City of Vernon, held on the 19th day of June, 1945 and
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thereafter finally adopted at a regular meeting of said Council
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held on the 3rd day of July, 1945, by the following vote:
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AYES: Tr>oVlhl"idge, Mailliard, Peralta, Poxon
NOES: None
ABSENT: Leonis
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SUPPORTING
DOCUMENTS
AFFIDAVIT OF POSTING
state of California )
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County of Los Angeles:
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City of Vernon )
I, T. J. FURLONG, City Clerk of the City of Vernon,
do hereby certify that I did on the 7th
day of _JUly
194_~ pos t
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copies of Ordinance 585
, in the
following places to-wit: At the northwest corner of 3i3th 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 7th
day of
Jul :t
, 194..5.
My Commission ';>wires MarGh 10, 1949
FRANCHISE BOND
COULD NOT BE SCANNED DUE
TO THE TYPE OF PAPER IT IS
PRINTED ON.