The City hereby grants the Mobil Oil Corporation, its successors and assigns, hereinafter referred to as "Grantee," subject to the terms and conditions herein contained, the right, franchise and privilege from time to time, for a period of 25 years from and after the effective date of this article, to install, operate, maintain, replace, change size of, abandon in place and/or remove pipeline for the transportation of oil, petroleum and hydrocarbon substances, together with all appurtenances and service connections necessary or convenient to properly maintain and operate such pipelines, including cathodic protection facilities, necessary or convenient for the grantee's business, hereinafter collectively called "franchise property," within the public streets, highways or public property now existing or hereafter dedicated, hereinafter collectively called "streets" of the City. All power and control lines shall be underground.
(Prior code § 21-65.1)
A. 
The initial term of this franchise shall be 25 years. The City reserves the right to limit this franchise prior to its expiration date in the event the grantee fails to comply with any provisions of this article; provided, that if such failure to comply shall be due to a cause beyond the control of the grantee, the franchise shall not be so terminated; provided, further, that this franchise shall not be so terminated unless the grantee is given notice of such noncompliance and fails within 90 days of the date of such notice to commence and thereafter diligently prosecute to completion the corrective action necessary to cure noncompliance. Notwithstanding the foregoing, if the grantee's noncompliance is of such kind or nature as to cause a hazard to the public or endanger the public peace, health, safety or general welfare, the City's Director of Public Works may so notify the grantee and reduce the period during which the grantee shall commence the work necessary to correct such noncompliance. In the event the grantee fails to commence the corrective action within the time specified, as an alternative to terminating the franchise, the City may do corrective work at the grantee's expense.
B. 
If any provisions of this article become invalid or unenforceable and the City expressly finds that such provisions constitute a consideration material to the granting of this franchise, this franchise may be terminated by the City on 10 days' notice.
(Prior code § 21-65.2)
A. 
Applicable Codes. The grantee, in constructing its pipeline pursuant to this franchise, shall comply with the American National Standard Code for Pressure Piping, and SIB-31.4, and/or Part 194, Title 49, Code of the Federal Regulation, in its latest revision relating to transportation of liquids by pipeline.
B. 
Street Excavations.
1. 
The grantee shall have the right to make all necessary street excavations for the purpose of exercising the rights granted by this franchise, but nothing herein contained shall relieve the grantee from the provisions of any City ordinance or law that may be enforced at the time, requiring permits for street excavation before such work is commenced. All excavations shall be made and refilled in strict compliance with all City ordinances that may be in effect at the time of the performance of the work and shall be made so as not to interfere unreasonably with the free use of the streets by the public.
2. 
Upon completion of the work for which street excavations are made, all portions of the street which have been excavated or otherwise damaged by such excavation work shall be restored to their original condition, or equivalent, to the satisfaction of the Director of Public Works.
C. 
Emergency Work. The grantee shall promptly repair any leaks or breaks in the pipelines and conduits, and if any portion of the streets shall be damaged by reason of breaks or leaks in any pipe or conduit constructed under this franchise, the grantee shall, at its own expense, take immediate steps to repair any such damage and restore such street to its original condition, or equivalent, to the satisfaction of the Director of Public Works. Such emergency repair of franchise property may be commenced without prior permit; provided, that the grantee, no later than the next normal working day, shall notify by telephone the Director of Public Works of such work and shall within the following seven calendar days apply for an excavation permit authorizing such emergency work.
D. 
Changes Required by Public Improvements.
1. 
If the Director of Public Works shall determine that it is reasonable and necessary that the grantee's pipeline be temporarily or permanently relocated or substitute facilities installed in order that the City may relocate, change grade or change or modify any street improvement or City owned utility facilities, the Director of Public Works shall give written notice thereof to the grantee. Within 90 days after the service of such notice, the grantee shall, at its sole cost and expense, begin and shall thereafter diligently prosecute the necessary work to completion.
2. 
In the event the City proposes to improve its facilities, which improvements would require the relocation or modification of the grantee's pipeline, the Director of Public Works may, with the consent of the grantee, modify the City's proposed improvement to the extent that construction thereof has a lesser effect on the grantee's pipeline, and the grantee shall reimburse the City for the cost and expense of making such modification.
3. 
In the event that any franchise property is required to be abandoned in or removed from any street or portion thereof affected, the Director of Public Works shall approve such additional street locations as may be necessary to permit the installation of substitute facilities. The City will not require any relocation or modification which will have the effect of depriving the grantee of a continuous and contiguous pipeline right-of-way.
(Prior code § 21-65.3)
The Director of Public Works, upon terms and conditions agreeable to both the City and the grantee, may give the grantee permission to abandon, in place, property installed under the franchise. The length of any pipeline or poleline abandoned with such permission shall not be considered in calculating payments due under the franchise following the date the Director of Public Works or designated representative has inspected and approved in writing the abandonment. The ownership of all property so abandoned shall thereafter vest in the City.
(Prior code § 21-65.4)
Within six months following the completion of the installation, relocation, removal or abandonment of any property under this franchise, the grantee shall file a map in such form as may be required by the Director of Public Works showing the location, length and size of all such facilities so installed, relocated, removed or abandoned.
(Prior code § 21-65.5)
A. 
As consideration for the franchise granted by this article, the grantee shall make annual payments to the City, in lawful money of the United States, at the rate of $0.02 per nominal internal diameter inch per lineal foot of pipeline maintained in the City's public streets pursuant to this franchise. The annual payments shall be made on or before the first day of March. In the event any facility shall have been subject to the terms of this franchise for only a fractional part of the preceding year ending December 31, the payment therefor shall be computed in the proportion which the number of days in the fractional part bears to 360.
B. 
The rate of compensation shall be reviewed by the City every fifth year.
(Prior code § 21-65.6)
The grantee, by the acceptance or use of the franchise granted by this article, agrees to keep and save free and harmless the City, its officers, agents or employees against all claims, demands or causes of action which may be asserted, prosecuted or established against them for damage to persons or property, of whatsoever nature, arising out of the use by it of the City streets under this article or arising out of any of the operations or activities of the grantee pursuant to this franchise, whether such damage shall be caused by negligence or otherwise, excepting therefrom, however, any claim, demand or cause of action which may be asserted, prosecuted or established against the City under the provisions of the Workers' Compensation Act for injury to, or the death of, any of the City's officers, agents or employees while acting within the scope of their employment, and further excepting therefrom any claim, demand or cause of action arising out of the negligent or willful conduct of the City, its officers, agents and/or employees.
(Prior code § 21-65.7)
A. 
The grantee shall not permit any right or privilege granted by the franchise to be exercised by another, nor shall the franchise or any interest therein, any right or privilege thereunder, be in whole or in part sold, transferred, leased, assigned or disposed of, except to a corporation acquiring or owning a portion of the assets of the grantee, without the consent of the City expressed by resolution; provided, that the provisions of the franchise shall not require any such consent, and no consent shall be required, for any transfer by the grantee in trust or by way of mortgage or hypothecation covering all or any part of the grantee's property, which transfer, mortgage or hypothecation shall be for the purpose of securing an indebtedness of the grantee or for the purpose of renewing, extending, refunding, retiring, paying or canceling in whole or in part any such indebtedness at any time or from time to time.
B. 
Any such sale, lease, assignment or other disposition of this franchise, whether requiring the consent of the City or otherwise, shall be evidenced by a duly executed instrument in writing filed in the office of the City Clerk within 30 days after such sale, lease, assignment or other disposition.
(Prior code § 21-65.8)
This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and the grantee shall, within 30 days after April 3, 1979, file with the City Clerk a written acceptance of such terms and conditions.
(Prior code § 21-65.9)
The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all administrative expenses incurred by it in connection with the granting of this franchise. Such payment shall be made within 30 days after the City shall furnish such grantee with a written statement requesting payment.
(Prior code § 21-65.10)