HomeMy WebLinkAboutRESOLUTIONS - 03201984 - 84-161 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 20, 1984 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Proposed Granting of Franchise to Install and Operate Gasoline
and Diesel Fuel Lines in County Rights of Way (Applicant -
Wickland Oil Terminals)
RESOLUTION NO. 84/161
RESOLUTION DECLARING INTENTION TO ADVERTISE AND SELL A NON-EXCLUSIVE
- FRANCHISE FOR GASOLINE AND DIESEL FUEL LINES IN COUNTY AND STATE HIGHWAYS.
The Board of Supervisors of Contra Costa County RESOLVES that:
A written application has been made to the Board for a franchise
as more particularly described in the attached "Notice of Sale of Franchise"
and it is proposed to grant the non-exclusive franchise in the manner
provided by law substantially in the form and on the terms and conditions
set forth in the "Notice of Sale of Franchise" and it is in the public
interest to give this notice and consider this franchise.
The County Clerk is hereby authorized and directed to advertise
by publishing the attached Notice of Sale of Franchise in the Contra
Costa Independent a newspaper of general circulation printed and
published in this county, once a day for ten (10) successive days or
as often during said period and said paper is published with full publication
to be completed not less than 20 nor more than 30 days prior to the date
upon which the Board will receive sealed written bids for the franchise.
The Public Works Director shall at least 30 days prior to the
date bids are to be received provide the appropriate district director
of the State Department of Transportation with a notice of the application
and a copy of the Notice of Sale of Franchise as required by Streets
and Highway Code Section 688.
hire"oartitp that this Is a trw end twrnel cop`"otl
an aepon taken and entered on the minutes o'-i he.
Board of Supervisors on the data shown.
ATTESTED: � AA�-Z a c •/ 9,?5/-
J.(-. OLSSON,COUNTY CLERK
and ex officioo Clerk
of the Board
By ` , ,�. � c(Jct (� a c o Deputy.
Orig. Dept. Public Works Administrative Services
cc: County Administrator
County Counsel
Wickland Oil Terminals (via PW)
Reso.Wick.tl
RESOLUTION NO. 84/161
0O00s
NOTICE OF SALE OF FRANCHISE
Notice is hereby given that an application has been made to the Board of
Supervisors of Contra Costa County, State of California, for a franchise to
construct, maintain, operate, renew, repair and remove or abandon in place one
or more pipelines not to exceed 20 inches inside diameter for the transportation
of petroleum, liquid, hydrocarbon substances, gas, including hydrogen, natural
gasoline, mud, steam and other liquid and gaseous substances including water
connected with the primary business of the franchise holder together with all
manholes, service connections and other appurtenances necessary or convenient
for the operation of said pipelines in and along, under or across County and
State Highways only in the unincorporated portion of the County of Contra Costa
as hereinafter described; and that it is proposed by said Board of Supervisors
of Contra Costa County to offer for sale and grant to the highest bidder said
franchise upon terms and conditions hereinafter contained. Said franchise is
described as follows and is granted pursuant to County ordinance #1827 as amended
by Ordinance 79/50:
SECTION 1. Definitions. Unless otherwise indicated, the following terms
have the following meanings herein:
(a) "Grantee" means the Grantee of the franchise and its successors and
its assigns.
(b) "County" and "Board" mean the County of Contra Costa and its Board
of Supervisors.
(c) "County Highway" means the area within the right of way for all public
streets, ways, alleys, places, highways and roads accepted into the County road
system by Board Resolution or maintained by the County as County highways and
roads.
(d) "State Highway" means the area in the unincorporated portions of this
County within the right of way for state highways, but excluding freeways, as
such terms are defined in the Streets and Highways Code of the State of California.
(e) "Franchise property" means all property constructed, installed, operated
or maintained pursuant to this franchise.
SECTION 2. Franchise.
(a) Term. This franchise shall be non-exclusive and shall be for a terms
of twenty (20) years from the effective date thereof.
(b) Rights. This franchise grants the right to construct, maintain, operate,
repair, renew and remove or abandon in place one or more pipelines not to exceed
20 inches in inside diameter for the transportation of petroleum, liquid, hydrocarbon
substances, gas; including hydrogen, natural gasoline, mud, steam and other
liquid and gaseous substances including water connected with the primary business
of the franchise holder together with all manholes, service connections and
other appurtenances necessary or convenient for the operation of said pipelines
in and along, under or across County and State Highways only in the unincorporated
portion of the County of Contra Costa as hereinafter described in subsection
(d) subject to all provisions and conditions prescribed by federal , state and
local law and regulation including changes or additions thereto during the life
hereof.
(c) Area. On San Pablo Avenue, Selby area; one crossing of San Pablo
Avenue at B Street; one crossing of San Pablo Avenue 1,450 feet, more or less,
westerly of B Street, and along San Pablo Avenue from 1,450 feet, westerly of
B Street to 1,760 feet, more or less, westerly of B Street.
00001,
r'
SECTION 3. Bond. Grantee shall, during the life of this franchise, maintain
and keep on file with the Board a bond, executed by a duly qualified admitted
surety insurer in favor of the County, in the penal sum of Fifteen Thousand
Dollars ($15,000.00) , and conditioned that Grantee shall well and truly observe,
fulfill , and perform each term and condition of this franchise, and that in
case of any breach of condition of such bond, the whole amount thereof shall
be deemed .to be liquidated damages and shall be recoverable from the principal
and sureties upon said bond.
SECTION 4. Fee.
(a) Rate. On each March 1 during the term of this franchise a payment
by the grantee shall accrue and be paid to the County for the street space then
required for franchise property at the rate of fifty cents ($.50) per cubic
foot.
(b) Space. For purposes of this section, the street space required for
a pipeline or conduit together with a protective covering, pipe connections,
cathodic protection facilities, pipe casings and other minor appurtenances shall
be taken as equivalent to the volume occupied by a cylinder of equal length
having a diameter of one inch greater than the nominal internal diameter of
the pipe or conduit but in no case with an equivalent cylinder diameter less
than six inches and the payment rate thereof should be computed to the nearest
tenth of a cent per lineal foot of pipe.
(c) Increase. The annual payment accruing to the County computed in accordance
with the foregoing provisions shall be annually increased by the percentage
increase, if any, during the proceeding year in the United States Bureau of
Labor Statistics, Consumer's Price Index for this area.
SECTION 5. Construction, Permits and Locations. All franchise property
shall be constructed, installed, operated and maintained, and all work shall
be done, in a good and workmanlike manner of good material , and in such manner
as shall not interfere with the use of County and State highways by the traveling
public or for other public purposes whatsoever of the County or other public
agency, and all shall conform to all applicable laws including the County' s
Encroachment Ordinance (County Ordinance Code Title 10 on securing of permits
for the excavation, filling and obstruction of County highways) in the case
of County highways, and State' s Encroachment Permit Provisions (Streets and
Highways Code Sections 670 and following) . The County Road Commissioner shall
approve all franchise property locations in County Highways and work plans prior
to commencement of any construction or work thereon. The State Division of
Highways shall approve all franchise property locations in State Highways and
work plans prior to commencement of any construction or work thereon.
SECTION 6. County Construction and Relocation.
(a) Rights Reserved. Notwithstanding this franchise, the County may improve
any County highway, and the State may improve any State highway, including the
widening, change of grade, relocation of right of way, realignment of right
of way, construction or reconstruction of such highways, or any portion thereof,
and the County, State and/or any municipal corporation, political subdivision
or public body within the County, which otherwise has the right to do so, may
construct, reconstruct, install , repair and maintain any public improvement,
in any County or State highway or portion thereof whether for highway purposes
or any other public purpose.
(b) Notice, Removal and Cost. If thirty (30) days' advance written notice
is given to Grantee of the fact that work is to be done pursuant to any right
reserved in this section, specifying the general nature of the work and the
areas in which it is to be done, then Grantee shall do all things necessary
to protect its franchise property during the .progress of such work so as to
000012.
facilitate such work; and if ordered by the public agency having jurisdiction
over the subject highway, Grantee shall disconnect, remove or relocate its franchise
property to such extent, in such manner, and for such period as may be necessary
to permit the performance of such work in accordance with generally recognized
engineering and construction methods, and to permit the maintenance, operation
and use of such public improvements or of the highway as so improved; and all
of such things to be done and work to be performed by Grantee shall be at its
sole cost and expense unless otherwise provided by law.
(c) Cost. Unless otherwise provided by law, if the County, State or any
municipal corporation, political subdivision or public body within the County
shall hereafter construct, install , reconstruct or repair any road, bridge,
culvert, storm drain, sanitary sewer or other facility owned or operated by
any of such agencies over, on, in, under, along or across any County highway
in which Grantee's franchise property is located, and if the cost of such work
as may reasonably be required is increased in order to provide for the installation,
maintenance or operation of Grantee's franchise property in or on the area covered
by or underlain by said bridge or other artificial support, then Grantee shall
pay to such public agency doing such work the full amount of such increase of
cost, upon completion of such work.
SECTION 7. Non-Compliance. Any damages to any public structure, street,
highway, alley or any other public improvement directly or indirectly caused
by Grantee' s acts or omissions shall be promptly repaired by Grantee, at its
sole cost and expense, to the complete satisfaction of the public agency having
jurisdiction thereof. If Grantee fails to comply, or to commence and diligently
proceed toward compliance, with any instructions of the public agency with respect
to the location of any of said franchise property or the repair of any damage
to streets, alleys, highways or other public facility within the County or state
highway right of way within thirty (30) days after written notice to do so,
then the public agency may immediately cause to be done whatever work is necessary
to carry out the instructions at the cost and expense of Grantee, which cost
Grantee agrees to pay upon demand.
SECTION 8. Indemnity. Grantee promises to hold harmless and indemnify
the County and State from the liabilities as defined in this Section 8:
(a) the indemnities benefited and protected by this promise are the County
and State and its elective and appointive boards, commissions, officers, agents
and employees.
(b) The liabilities protected against are any liability or claim for damage
of any kind allegedly suffered, incurred or threatened because of actions defined
below, and including personal injury, death, property damage, inverse condemnation,
or any combination of these, and regardless of whether or not such liability,
claim or damage was unforeseeable at any time before the County or State approved
plans for the installation of franchise property or after the installation of
franchise property, and including the defense of any suit(s) or action(s) at
law or equity concerning these.
(c) The actions causing liability are any act or omission in connection
with the matters covered by this franchise and attributable to Grantee, its
contractors, or subcontractors, or any officer, agent or employee of one or
more of them.
(d) Non-Conditions: The promise and agreement in this section is not
conditioned or dependent on whether or not any indemnitee has approved any plan(s)
or specification( s) in connection with this franchise or has insurance or other
indemnification covering any of these matters.
SECTION 9. Abandonment. The County Road Commissioner may authorize the
abandonment in place of any franchise property subject to such conditions as
he may deem necessary.
000013
SECTION 10. Other Jurisdictions. Whenever any portion of the territory
covered by this franchise shall be annexed to, or otherwise become a part of
any municipal corporation or of any other County, or any other agency or political
subdivision of the State of California, the County' s rights hereunder shall
inure to the benefit of and be enforced by such other public body and its appropriate
officers.
SECTION 11. Transferability of Franchise and Ownership of Franchise Property.
Grantee shall not sell, transfer or assign this franchise or any rights thereunder,
including any beneficial interest or right to operate thereunder, voluntarily
or by operation of law, without the prior written consent of the Board, which
consent shall not be unreasonably withheld, and then only by a duly executed
instrument in writing, filed with the .Board; provided, however, that the foregoing
provisions of this Section 11 shall not apply to a transfer or assignment of
this franchise, or of any right or privilege thereby granted, contained in or
made by a deed of trust, mortgage or other instrument, given merely to secure
the payment of any indebtedness of Grantee. The provisions of this franchise
and all rights, obligations and duties hereunder shall inure to and be binding
upon Grantee, its successors and assigns as provided herein.
SECTION 12. Eminent Domain. This franchise shall not in any way or to
any extent, impair or affect the right of the County to acquire Grantee' s property
either by purchase or through exercise of the right of eminent domain, and nothing
herein shall be construed to contract away or to modify or abridge the County' s
right of eminent domain in respect to Grantee. Nor shall said franchise ever
be given any value before any court or public authority in any proceeding of
any character in excess of the cost to Grantee of any sum paid by it to the
County therefor at the time of granting of the franchise except for the purposes
of taxation.
SECTION 13. Supersession. This franchise will be granted in lieu of all
other franchise rights previously granted by the County to the Grantee to construct,
maintain, operate, repair, renew and remove or abandon in place one or more
pole lines for the carrying of electric light, power, telephone and telegraph
wires and the acceptance of this franchise hereby granted shall operate as an
abandonment within the limits of the County of all such other franchises, in
lieu of which this franchise is granted, and an agreement to comply with the
terms and conditions hereof.
SECTION 14. Forfeiture. Any neglect, failure or refusal to comply with
any of the terms or conditions of this franchise by Grantee, continuing for
more than thirty (30) days following notice thereof from the County, shall work
a forfeiture thereof in addition to such other penalties and rights provided
in this ordinance granting this franchise; and the Board may thereupon declare
this franchise forfeited, and may exclude Grantee from further use or acts there-
under, and thereupon, Grantee shall be deemed to have immediately and automatically
surrendered all rights hereunder.
NOTICE IS HEREBY GIVEN that sealed written bids will be received for said
franchise up to 10:00 a.m. on Tuesday, �7Z�, 1984 in the Board room,
Administration Building, Martinez, California, when and where any and all sealed
bids will be opened; that all sealed bids must be for payment of a stated sum
in a minimum of Two Thousand Five Hundred Dollars ($2,500) ; that a franchise
will be sold and awarded to the persons, firms or corporations making the highest
cash bid therefor for each franchise; that at the time of the opening of the
bids any person, firm or corporation who in the opinion of the board is responsible,
present or represented, may bid for the franchise a sum not less than ten percent
(10%) of the highest sealed bid therefor and the bid so made may be raised not
less than ten percent (10%) by any other responsible bidder, and the bidding
may so continue until the franchise is finally sold and awarded to the highest
bidder thereof.
000014
Each sealed bid shall be accompanied with cash or a certified check payable
to the County Treasurer for the full amount of the bid, and no sealed bid shall
be considered unless said cash or check is enclosed therewith. The successful
bidder shall deposit at least ten percent (10%) of the amount of his bid with
the County Clerk before the franchise is sold and awarded to him. If the successful
bidder fails to make a deposit immediately, his bid shall not be received and
is void and the franchise shall then and there be again offered for sale to
the bidder who made the next highest cash bid therefore subject to the terms
and conditions as to deposit as above mentioned. This procedure shall be had
until the franchise is sold and awarded to a bidder who makes the necessary
deposit of at least ten percent (10%) of the amount of his bid as herein provided.
Within twenty four 24 hours of the acceptance of his bid, the successful
bidder(s) shall deposit with the County Clerk the remaining 90 percent of the
amount thereof, and on failure to do so, the award of the franchise shall be
set aside and the deposit shall be forfeited, and no further proceedings for
sale of the franchise shall be had unless it is readvertised and again offered
for sale in the manner herein before provided. The Grantee shall promptly pay
on receipt of the grantee of the bill therefor, the amount of publication costs
incurred by the County in connection with the call for bids on said franchise
and the publishing of said franchise ordinance.
DATE: g
JAMES R. OLSSON, County Clerk
County of Contra Costa, State
of California
By
Depdty
WicklandSaleNot
000015