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1 ORDINANCE NO. J~ t, tJ
2 ORDINANCE OF THE CITY OF SAN BERNARDINO GRANTING A
FRANCHISE TO SOHIO TRANSPORTATION COMPANY OF CALIFORNIA TO CROSS
3 UNDER WATERMAN AVENUE WITH AN OIL PIPELINE.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1. The Sohio Transportation Company of California,
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its successors and assigns, is hereby granted a franchise to lay
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and use, operate and maintain, for a period of fifty (50) years,
a pipeline for transmitting and distributing oil or products
thereof for any and all purposes, at no cost to the City of San
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Bernardino, to cross under Waterman Avenue, in the City of San
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Bernardino, more particularly described as follows:
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The centerline of a pipeline crossing the Waterman
Avenue as outlined on plat recorded in Book 7,
Page 2, San Bernardino County, California being
more particularly described as follows:
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BEGINNING at a point on said centerline located in
the westerly right of way line of Waterman Avenue
said point being north 090 32' west a distance of
628.4 feet from the intersection of the centerline
of Waterman Avenue and the centerline of Commercial
Road;
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Thence south 800 05' 40" east a distance of 234
feet to the easterly right of way line of Waterman
Avenue.
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SECTION 2. That the grantee, and its successors and
22 assigns, shall construct, install, and maintain all pipes and
23 appurtenances in accordance and in conformance with the City of
24 San Bernardino's engineering street improvement plans, including
25 widening and change of grade, and all ordinances and rules
26 adopted by the Mayor and Common Council, and further shall com-
27 plete said work within six (6) months after commencement of con-
28 struction and installation of said pipeline.
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SECTION 3. The grantee, and its successors and assigns,
shall make repairs to public property, at its own expense, made
necessary by any operations of the grantee under the franchise.
Said repairs shall be made to the satisfaction of the Street
Superintendent of said City; in case the grantee fails to comply
with the instructions given by the Street Superintendent for such
repairs within ten (10) days after service of notice thereof, the
Street Superintendent may do the work and keep an itemized account
thereof, which said grantee, by acceptance of this franchise,
agrees to pay immediately upon the presentation to grantee of said
amount.
SECTION 4. That the City, in granting this franchise,
expressly reserves the right to pave, macadamize, or remove,
reconstruct or install, any or all underground utilities or storm
drain pipes therein, such work shall be done so as to cause no
substantial injury to the pipes of the grantee.
SECTION 5. The grantee, and its successors and assigns,
agrees to relocate its facilities at its own expense where the
relocation of such facilities is required for a proper public
purpose.
SECTION 6. The grantee, and its successors and assigns,
shall pay to the City of San Bernardino, a sum of money to re-
imburse said City for all publication expenses incurred by said
City in connection with the granting of this franchise. Such pay-
ment shall be made within thirty (30) days after said City
furnishes the grantee with a written statement of the publication
expenses.
SECTION 7. The grantee, and its successors and assigns,
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shall indemnify and hold harmless the City of San Bernardino, and
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its officers or employees, from all liability for damages
proximately resulting from any operations under this franchise.
SECTION 8. The. grant of this franchise is effective only
upon the further condition that the grantee, its successors and
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assigns, within five (5) days after this franchise is awarded to
it, file with the Director of Public Works, a bond in favor of
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said City in the penal sum of ten thousand dollars ($10,000.00)
with at least two good and sufficient sureties to be approved by
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the Common Council, conditioned that the Sohio Transportation
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Company of California, its successors and assigns, shall well and
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truly observe, fulfill and perform each and every term and con-
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dition of this franchise and that in case of any breach of con-
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dition of said bond the whole amount of the penal sum therein
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named shall be taken and deemed to be liquidated damages and shall
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be recoverable from the principals and the sureties upon said bond
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by said City.
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SECTION 9. Grantee, its successors and assigns, may assign
19 I the rights herein granted, in whole or in part. The grantee, its
20 successors and assigns, shall file with the Common Council of the
21 City of San Bernardino within thirty (30) days after any sale,
22 transfer, assignment, or lease of this franchise or any part
23 thereof, or any of the rights or privileges granted hereby, writte
24 evidence of the transaction certified to by the grantee or its
25 duly authorized officers.
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SECTION 10. The grantee, its successors and assigns, shall
27 be liable to the C~ty of San Bernardino for all damages proxi-
28 mately resulting from the failure of the grantee, its successors
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.
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i and assigns, to well and faithfully observe and perform any pro-
I vision of this franchise.
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SECTION 11. If the grantee, its successors and assigns,
fails, neglects or refuses to comply with any of the provisions
of this franchise, and does not within ten (10) days after written
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I demand for compliance begin the work of compliance, or after such
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beginning does not prosecute the work with due diligence to
completion, the Mayor and Common Council may declare this
franchise forfeited.
SECTION 12. The grantee, its successors and assigns, is
hereby required to file a written acceptance of the terms and
conditions of this franchise with the City Clerk of said City
within thirty days after the adoption of this ordinance.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the /$11 day of
, 1977, by the following
meeting thereof, held
vote, to wit:
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AYES:
Councilmen ~
( ~A/~~
'7~
&:.
NAYS:
~no
ABSENT:
~
c~ty
of
The foregoing ordinance is hereby
a~ 1977.
s /7{k day
Approved as to form:
~)I/8.n,tr2
City Attorney
AUG 2 31977
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~E~LLE GOf~~C~ Clertl