The Sohio Transportation Company of California (grantee), its successors and assigns, is hereby granted a franchise to lay and use, operate and maintain, for a period of 60 years, a pipeline for transmitting and distributing oil or products thereof for any and all purposes, at no cost to the City, to cross under certain streets in the City, more particularly described in Exhibit "A," on file in the office of the City Clerk.
(Prior code § 21-65.11)
The grantee, its successors and assigns shall construct, install, operate and maintain all pipes and appurtenances in accordance and in conformance with the City's engineering street improvement plans, including widening and change of grade, and all ordinances and rules adopted by the City, and further, shall complete such work within six months after commencement of construction and installation of such pipeline.
(Prior code § 21-65.12)
Upon completion of the work of constructing, laying, replacing, maintaining, repairing or removing all pipelines and appurtenances authorized by this franchise, the grantee shall return all portions of the street or other public property which have been excavated or otherwise damaged to their original condition or equivalent. Such repairs shall be made to the satisfaction of the Director of Public Works of the City. If the grantee fails to comply with written instructions given by the Director of Public Works for such repairs within 45 days after service thereof, the Director of Public Works may complete such work at the grantee's expense.
(Prior code § 21-65.13)
The City, in granting this franchise, expressly reserves the right to pave, macadamize, remove, reconstruct or install underground utilities or storm drain pipes therein, such work to be done so as to cause no substantial injury to the pipelines or other facilities of the grantee.
(Prior code § 21-14)
A. 
Location of Franchise Property. The location of any franchise property installed under this article shall be first approved by the Public Works Director.
B. 
Street Excavations.
1. 
The grantee shall have the right to make all necessary excavations in the streets for the purposes granted in such franchise, but nothing contained in this article shall relieve the grantee from the provisions of any ordinance or law that may be in force at the time requiring permits to be obtained for street excavations before such work is commenced.
2. 
All excavations shall be made and refilled in strict compliance with all City laws or 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.
3. 
Upon completion of the work for which street excavations are made, all portions of the streets which have been excavated or otherwise damaged by such excavation shall be restored to as good condition as they were in before the commencement of such work, to the satisfaction of the Public Works Director.
C. 
Emergency Work. The grantee shall promptly repair any leaks or breaks in pipelines and conduits, and if any portion of any street shall be damaged by reason of breaks or leaks in any pipe or conduit constructed under the 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 shall, within three working days, apply to the Director of Public Works for a permit authorizing such emergency work.
D. 
Changes Required by Public Improvements.
1. 
If the Public Works Director shall determine that it is reasonable and necessary that franchise property be temporarily disconnected, abandoned, temporarily or permanently removed, temporarily or permanently relocated or substitute facilities installed, in order that the City, when acting in a governmental capacity, may relocate, change grade, construct, use, maintain, change or modify any street improvement or City owned utility facilities, the Public Works Director shall give notice thereof in writing to the grantee. Within 180 days after the service of such notice upon the grantee, the grantee shall, at its sole cost and expense, begin the necessary work and shall thereafter diligently prosecute such work to completion. Upon its failure to do so, the Public Works Director may cause such work to be completed, and the grantee shall immediately pay for the same upon presentation of an itemized account of the cost thereof.
2. 
In the event that any franchise property is required to be abandoned or permanently removed from any street or portion thereof, the Public Works Director shall approve such additional street locations as may be necessary to permit the installation of substitute facilities. In no event shall the grantee be deprived of a continuous right-of-way for its pipeline.
3. 
In the event the City proposes to improve or modify its facilities or highways, which improvement or modification would require the relocation or modification of the grantee's pipeline, the City may, with the consent of the grantee, modify the proposed improvement to the extent that construction thereof has a lesser effect on the grantee's pipeline, and the grantee shall reimburse to the City the cost and expense of making such modification.
E. 
Removal or Abandonment of Facilities.
1. 
At the time of expiration, revocation or termination of the franchise granted by this chapter, or of the permanent discontinuance of the use of its facilities or any portion thereof, the grantee shall, within 30 days thereafter, make a written application to the Public Works Director for authority either:
a. 
To abandon all or a portion of such facilities in place; or
b. 
To remove all or a portion of such facilities.
2. 
Such application shall describe the facilities desired to be abandoned by reference to the maps required by Section 4.16.110 and shall also describe with reasonable accuracy the relative physical condition of such facilities. Thereupon, the Public Works Director shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest, and under what conditions, if any, such proposed abandonment or removal may be safely effected, and shall then notify the grantee in writing of such determination. Within 90 days receipt of such notification the grantee shall commence and shall thereafter diligently prosecute to completion the work authorized by such notification.
3. 
If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the Public Works Director shall so notify the grantee in writing. Not less than 30 days thereafter, the Public Works Director may make an order that the grantee shall remove all such facilities in accordance with applicable requirements. In the event the grantee shall fail to remove any facilities which it is obligated to remove in accordance with such applicable requirements, within such time as may be prescribed by the Public Works Director, upon 45 days' written notice, the City may remove such facilities at the grantee's expense, and the grantee shall pay to the City the actual cost thereof, plus 25% for overhead.
(Prior code § 21-65.15)
The grantee, its successors and assigns shall pay to the City a sum of money to reimburse the City for all publication expenses incurred by the City in connection with the granting of this franchise. Such payment shall be made within 30 days after the City furnishes the grantee with a written statement of the publication expenses.
(Prior code § 21-65.16)
The grantee, its successors and assigns shall indemnify and hold harmless the City, and its officers, agents or employees, from all liability for damages proximately resulting from any operations under this franchise, except for liability occasioned by negligent or willful misconduct directly attributable solely to the City and its officers, agents or employees.
(Prior code § 21-65.17)
The grant of this franchise is effective only upon the further condition that the grantee, within 30 days after the award of this franchise, shall file with the Director of Public Works a bond or other acceptable surety in favor of the City with the penal sum of $10,000.00, with good and sufficient surety to be approved by the City, conditioned that the Sohio Transportation Company of California, its successors and assigns, shall well and truly observe, fulfill and perform every term and condition of this franchise and that in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principals and the sureties upon such bond by the City.
(Prior code § 21-65.18)
The grantee, its successors and assigns may assign the rights herein granted, in whole or in part. The grantee, its successors and assigns shall file with the City Council, within 30 days after any sale, transfer, assignment or lease of this franchise or any part thereof, or any of the rights or privileges granted hereby, written evidence of the transaction certified to by the grantee or its duly authorized officers.
(Prior code § 21-65.19)
The grantee, its successors and assigns shall be liable to the City, its officers, agents and employees for all claims, demands or causes of action for damages which may be asserted, prosecuted or established against them for damages to persons and property of whatever nature arising out of or resulting from the failure of the grantee, its successors and assigns to well and faithfully observe and perform any provision of this franchise.
(Prior code § 21-65.20)
If the grantee, its successors and assigns shall fail, neglect or refuse to comply with any of the provisions of this franchise, and shall not, within 30 days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the work with due diligence to completion, the City Council may declare this franchise forfeited.
(Prior code § 21-65.21)
The grantee, its successors and assigns shall file a written acceptance of the terms and conditions of this franchise with the City Clerk within 30 days after July 18, 1978.
(Prior code § 21-65.22)