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HomeMy WebLinkAboutORDINANCES - 08171931 - 0207 MINX= 'NO 207. OMINANGS OF THE BOAPM OF SIVERVISORS OF TIM COLMTY OF CONTRA COSTA, d.RAV'TING TO T.X. ASSOCIATED OIL COITAUNY, ITS SUCCESSORS AND ASSIGNS. A FRA11701HISE TO LAY, 00"'SMOT, KAINTAIl-, OPZRATE, REPAIR, RENEU, AND RE.'XITEE OR RZC0_*,ST:-XCT PIPE L11"FES FOR TI'LAINSPDXATION OF VATER, -ST OIL, PETROLEUL1, GAS XM OTHER SUB 1A:TCZS III AND ALONG CERTAIN PUBLIC HIGIV1AYS IN THE COUNTY OF CONTRA COSTA, STATE (F CALIFORNIA. THE BOARD OF SUPERVISORS OF THE COUNTY OF OUTTRA, COSTA, do ordain as ollows: Section IL .That ,the franchise Tight or privilege is hereby granted to the Associated Oil Company, its successors, and assigns, to lay, construct, mainti operate, repair, renew, remove, or reconstruct pipe lines for the transportation of water, oil; petroleum, gas and other substances, in all public roads and bigbr now existing, or that may be hereafter established in that portion of the County Contra Costa., State of California, more particularly described as follows, to wit wBegitning at a point on the southerly line of the Martinez to Avon Cc=ty Highway said point beingopposite County Highway Engineer's Sta. #29�M; thence N. 3* . a distance of sixty 4 i (60) feet to a point on the northerly line of said highway, said line being also the southerly line of the S.P. Cc right of ray; thence N.66032, E. along said line a distance of three hundred an4 sixty (360) feet to a point, said point being opposite S.P. Co. Engineer's Sta. +2409,t67.6; thence along a curve to the left, LaTi=g a radius of 5719,65 feet a distance of one hundred fifty and fifty 'hundredths 150,50) feet more or less to a point;, thence scutberly, on a lineperpendicular to the tangent of said curve, a distance of ten (10) ft, to a point; thence westerly, along -t a curve having 5789 a radius of feet, a distance of one hundred fifty an.1ifty hundredths (150-50� feet more or less to a point distant 10 feet south of and measured at right angles to the afore- said scratherly S.P. Co. Tight of way line; thence S. 660321 W. a y distance of three hundred and fort (34.0 feet to ap oint; thence S. 3 0261 r a Z. distance of fifty (50 feet to apoint on ihe sout�erly line cf the aforesaid County Highway; thence S. 86*321 W. along said line a distance:of twenty (20) feet to the point of beginning". Section 2: That the aforesaid franchise right or privilege is given granted to said Associated Oil Company, its successors and assigns, for a perjoC of fifty (50) years from and atter the date of the passage and taking effedt of this ordinance. Recti on The grantee of said franchise shall have the right to Is,,, COnstxuot, main-An and operate, repair, renew, remove, or reconstruct pipe linea for the transportaticra of water, oil, petroleum, gad/and _other substances In and E: all the public roads and highways now existing, or that may hereafter be establiL in, that portion of the County of 0onta Costa, State of California, bae1nabove described. That all pipe lines maintained undeT said franchise shall be of good erial and oaastruction, and shall be so laid and c6nstructed as not to interfere Leith the public right to travel over, along and aoross said roads, or do any= of a permanent nature thereto'. Section 4: The work, of laying and constructing said pipe lines shall oommenoed'in'good faith Vdthin not more than four (4) months from the date at granting of said franchise, and shall thereafter, during the.term of said franc= be prosecuted diligently and in good faith: Section 5: That the gtantee of said franchise shall preserve the CV.Z of Contra Costa, harmless from the results of any accidents or injuries to the travelling public during the construction or laying of said pipe lines, and ail: all times so preserve the County of Contra Costa, harmless from the ;esultz of 5 Fi. saci�ent or injuries to the travelling public or the property of any person during the construction or laying of said pipe lines and the operation thereof, or any ap- plfances in connection therewith, at any time thereafter. Section 6: That the grantee of said franchise will, if the Boaxd of Super- visors of the County of Contra Costa, shall so order, change the location of said pipe lines, maintained or operated under said franchise, so as to conforrm to the require- ments of said Board in any improvement of said highrays upon which said pipe lines or applianoes are maintained.., Section 7: That said grantee shall, during the process of construction ct said pipe lines and appliances, and the laying thereof, maintain all necessary bdrri�rs, +darning signs, and red light signals sufficient to protect the travelling public from inJury during the construction or laying thereof, and, if necessary, will maintain tMehmen and take all and such other precautions as may be necessary to protect the pnhlio from injury or damage, and all pipe lines and appliances shall be lail under .h I ' e supervision and control of the County Surveyor, and before work thereon is begun i Loch ! Surveyor shall be notified thereof and shall direct the location of such lines 'ad APplfances. Section g: That the said grantee shall, during the- life of said franchise, ' pay to the County of Contra Costa, in lawful: money of the United States, two per cent {2 of the gross annual receiota of said grantee arising; from the use, operation • i i or possession of said franchise. leo percentage shall be paid for the first five � (3} years succeeding the date of said franchise, but thereafter sWr percentage shall' be payable annually. And it shall be the duty of the grantee of said franchise to fileWiththe Clerk of the Board of Supervisors of said County of Contra Costa, at the i s,,irationn of s11G (6) years from the date of the granting; of said franchise, and at i the expiration of each and every year thereafter, a statement, verified by the oath of ssi grantee,antee, or by the oath of the manager or presiding officer of said grantee, shoving in deta.ilthe total gross receipts and gross earnings collected or received by said grantee during the preceding twelve (12) months arising from the use and owner-ship of said pipe lines for the construction" and operation of which said franchise is granted, and within ten (10) days after the time for the filing of the aforesaid statement it shall be the duty ofs aid grantee to pay to the County Treasurer of the County of Contra Costa the aggregate sums of said percentage upon the smoutrn4, of the-gross a=ual receipts arising from the use, operation or possession -of said franchise and, If the amount paid is incorrect, in the judgment of said Board of Supervisors, they may order the payment of such additional sunt as they may find due thereunder, and if not paid the same may be collected by suit. And any neglect, omission or refusal of said grantee to file said verified statement or to pay the said percentage of saidI grass annual receipts at the times or in the manner hereinabove provided for shall ipso facto work a forfeiture of sat d franchise and of all rigtts thereunder to said v %'aunty of Contra Costa.-- That osta.:That said grantee shall not sell, transfer or assign said frandise Or the right of privilege granted thereby, without the ccnsent of the Board of Super- visors, nor shall said franchise or rights or privileges be sold, transferred or assi fined! except by duly executed instrument in writing Piled in the office of the Soard of Supervisors of the County of Contra .Costa, and nothing in said franchise Contained shall be construed, to grant to said grantee any right, to sell, transfer 3 • or assign said franchise or any of the rights or privileges tb: reby granted, ex- cept in the veer aforesaid; Section 10': That in the event of any neglect, failure or refusal to compl., with any of the conditions. of mid franchise, the said County, by its Board of. Supervisors, may then declare said franchise forfeited, and may exclude said grants from further use cf the highways of said County under said franchise;. and said gra: shall thereupon and immediately surrender all rights in and to the same, and said franchise shall be deemed and shall remain null, void and of no effect; Section 11; That whenever any portion of the territory covered by said franchise shall be included within any municipal corporation, the rights reserved under such franchise to the County of ContraCosta, or any officer thereof, shall inure to the benefit of such municipal corporation, and its apprgriate officers. Section 12: That the grantor may exercise the right of eminent domain in respect to any works or properties constructed, acquired, or operated under the terms of this franchise. . - Section 13 The granting of this franchise is effective upon the further condition that the grantee have now, and shall at all times during; zhe life cif t Us franchise keep on file with the Board of Supervisors, a bond running to said County of Odxatra Costa, in tYe penal sum ofFive hundred dollars 0500,00) to be i approved by said Board of Supervisors, .conditioned that said successful bidder (grantee herein) shall well and truly observe, fulfill and perform each and everq term and ccindition of this franchise, and that in case of c-y breach of conditions of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages, and shall be,reeoverable from the principal and surety upon such bond. If said bond be not filed and kept on file, this fxanchise shall be void and of nceffect, and any money paid therefor, or thereunder, willbe forfeited. - - Section 14: That said franchise and authority herein given and granted are granted in pursuance of a resolution of this Board of Supervisors dulypassed and adopted at a regular meeting of this Board, held cn the 27th day of August-, 1931, and accepting the bid, offer and tender of said Associated Oil Company, a corporation, for said franchise and awarding the said franchise to it as the hiebel and best bidder therefor;.- Section herefor;Section 15: That this ordinance shall take effect and be in foroe fifteen (15) daysfrom and'after the date of its passage and after publioation thereof for at least one (l) week within fifteen (15) days frog and after the dateof its passage as required by :law, in the "contra, Costa Gazette' and Martinez Daily Stam r a newspaper printed and published in s aid Contra Costa County. CONTRA--COSTAUb1TY , CO By W.J. BUCHANAN Chairman of the Board of 9upexvisors. ATTEST: J.H.WELLS, _ vounty Clerk and ex-officio Clerk cf the Z Board of Supervisors of the County of Contra-Costa, State. of California..