Agenda Item No: 1.g
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: December 2, 2025
Submitted by: Matthew Di Mario
From: Public Works
Subject:
RESOLUTION RELATING TO A FRANCHISE WITH CRIMSON CALIFORNIA PIPELINE, L.P. FOR THE OPERATION AND MAINTENANCE OF 846 LINEAR FEET OF PIPELINE IN
THE CITY
Financial Impact:
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Summary:
On September 7, 1999, Placentia City Council granted a franchise for the operation and maintenance of 846 linear feet of 6-inch pipeline in the City under Ordinance No. 99-O-122.
This franchise was initially granted to Tosco Corporation, but due to company purchases and acquisitions, Resolution No. R-2006-07, authorized the transfer of the franchise to ConocoPhillips Company. On July 1, 2008, ConocoPhillips Company sold its pipeline system to Crimson California Pipeline, L.P. (Crimson) and Resolution No. R-2009-13, granted Crimson the franchise.
The current franchise has expired, and Crimson is requesting the City grant another franchise for an additional 25 years. A public hearing is required to adopt an Ordinance for the renewal of the franchise. This item recommends the City Council adopt Resolution No. R-2025-72, to set a public hearing at a future date of January 13, 2026, for the first reading of the Ordinance.
Recommendation:
Recommended Action: It is recommended that the City Council:
Adopt Resolution No. R-2025-72, a Resolution of the City Council of the City of Placentia, California, declaring its intention to grant a pipeline franchise to Crimson California pipeline L.P., a California limited partnership and setting the time when protests may be heard by the legislative body to the proposed franchise and directing the City Clerk to give notice thereof.
Strategic Plan Statement:
There is no specific strategic planning goal or objective associated with this agenda item.
Discussion:
On September 7, 1999, Placentia City Council granted a franchise for the operation and 1 maintenance of 846 linear feet of 6-inch pipeline in the City under Ordinance No. 99-O-122.
This franchise was initially granted to Tosco Corporation, but due to company purchases and acquisitions, Resolution No. R-2006-07, authorized the transfer of the franchise to ConocoPhillips Company. On July 1, 2008, ConocoPhillips Company sold its pipeline system to Crimson California Pipeline, L.P. (Crimson) and Resolution No. R-2009-13, granted Crimson the franchise. The current franchise has expired, and Crimson is requesting the City grant another franchise for an additional 25 years. A public hearing is required to adopt an Ordinance for the renewal of the franchise.
A renewal of the franchise would allow Crimson to operate and maintain two sections of pipeline in the City. One location is the intersection of Valencia Avenue and Bastanchury Road, which has 28 linear feet of pipeline. The other location is Berkenstock Avenue between Kilmer Drive and Spahn Lane, which has 818 linear feet of pipeline. This item recommends the City Council adopt Resolution No. R-2025-72, to set a public hearing at a future date of January 13, 2026, for the first reading of the Ordinance.
Fiscal Impact Summary:
There is no fiscal impact associated with the recommended action. Upon execution of the franchise agreement, Crimson will pay an annual franchise fee to the City. This fee is to be those fees prescribed by the California Public Utilities Code, Section 6231.5, provided that the rate is subject to increase to the maximum rate established in subsequent amendments of the California Public Utilities Code. The fee collected will be allocated to the General Fund.
Attachments
Attachment 1 - Resolution No. R-2025-72.docx
Attachment 1 - Exhibit A.pdf
Attachment 2 - Draft Ordinance No. O-2026-___.docx
2 Resolution No. R-2025-72
RESOLUTION NO. R-2025-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PLACENTIA, CALIFORNIA, DECLARING ITS
INTENTION TO GRANT A PIPELINE FRANCHISE TO
CRIMSON CALIFORNIA PIPELINE L.P., A CALIFORNIA
LIMITED PARTNERSHIP AND SETTING THE TIME
WHEN PROTESTS MAY BE HEARD BY THE
LEGISLATIVE BODY TO THE PROPOSED FRANCHISE
AND DIRECTING THE CITY CLERK TO GIVE NOTICE
THEREOF
A. Recitals
(i). WHEREAS, the City Council of the City of Placentia, California (herein referred to as “City Council”) intends to grant a pipeline franchise to Crimson California Pipeline L.P, a California limited partnership (herein referred to as “Crimson”); and (ii). WHEREAS, the pipelines to be permitted through this franchise are existing six inch pipelines and appurtenances to transport hydrocarbon substances; and (iii). WHEREAS, said pipelines were formerly authorized to Tosco Corporation, a Nevada corporation, under franchise Ordinance No. 99-0-122, dated September 7, 1999, and amended by Resolution Nos. R-2009-13, and R-2006-07, which expired on September 6, 2024; and
(iv). WHEREAS, Resolution No. R-2009-13, transferred the franchise to Crimson in which Crimson previously owned 6" pipelines in the City (v). WHEREAS, Crimson now seeks a new franchise for the operation and maintenance of pipeline in the City.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. The City Council declares its intent to grant a franchise to Crimson California Pipeline L.P., a California limited partnership (herein referred to as “Crimson”), for the right, franchise and privilege from time to time to lay, construct, maintain, operate, repair, renew, change the size of, and remove or abandon in place pipelines for the transportation of crude oil and other substances, together with all manholes, valves, service connections and appurtenances necessary or convenient for the maintenance and operation of said pipelines, including any facilities necessary for the cathodic protection of said pipelines, as are currently located in the City of Placentia, the exact location of which are shown on the 3 Resolution No. R-2025-72
attached Exhibit A incorporated herein by reference. Said franchise shall be for a term of twenty-five (25) years from and after the date upon which such franchise shall become effective.
2. Said franchise shall be conditioned upon the agreement of grantee to perform all routine and extraordinary maintenance and repair on all above and below ground facilities. The grantee shall indemnify and hold harmless the City of Placentia and its officers and employees from any and all liability for damages proximately resulting from any operation of grantee under the franchise, except to the extent of City's sole negligence or willful misconduct.
3. In accord with the California Public Utilities Code, the grantee, Crimson, shall pay to the City of Placentia an annual franchise fee as provided by section 6231.5 of said code.
4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, JANUARY 13, 2026, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE MATTER MAY BE HEARD IN THE COUNCIL CHAMBERS LOCATED AT 401 E. CHAPMAN AVENUE,
PLACENTIA, THE CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING
TO RECEIVE PROTESTS OR OBJECTIONS, IF ANY THERE BE,
REGUARDING THE FRANCHISE WITH CRIMSON CALIFORNIA PIPELINE, L.P. ANY PERSON WHO WISHES TO OBJECT TO THE PROCEEDINGS
FOR THE FRANCHISE SHOULD FILE A WRITTEN PROTEST WITH THE
CITY CLERK PRIOR TO THE TIME SET AND SCHEUDLED FOR SAID
PUBLIC HEARING
5. The City Council hereby directs the City Clerk to give notice of a public hearing, pursuant to California Government Code § 6061, in a newspaper of general circulation within the City.
6. The City Clerk is further directed to cause a copy of this Resolution to be posted upon the official bulletin board customarily used for the posting of notices and to mail, by first class mail, a copy of the notice to those interested parties who have filed written requests.
7. For any and all information relating to the proceedings, protests procedure, and documentation and/or information of a procedural or technical nature, your attention is directed:
City of Placentia
Attn: Public Works Department
401 East Chapman Avenue
Placentia, California
4 Resolution No. R-2025-72
APPROVED and ADOPTED this 2nd day of December 2025.
_____________________________
Kevin Kirwin, Mayor
ATTEST:
_________________________
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 2nd day of December 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
5 Resolution No. R-2025-72
Exhibit A
Map of Pipeline Locations Subject to the Franchise
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CITY OF PLACENTIA
ORDINANCE NO.-29-o-~22
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7 Ordinance No. O-2026-__
ORDINANCE NO. O-2026-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA GRANTING TO CRIMSON
CALIFORNIA PIPELINE, L.P., A FRANCHISE TO
OPERATE AND MAINTAIN CERTAIN PIPELINES AND
APPURTENANCES FOR THE TRANSPORTATION OF
HYDROCARBON SUBSTANCES IN THE CITY OF
PLACENTIA
City Attorney’s Summary
This ordinance would grant Crimson California L.P. a 25-year franchise to install, operate, maintain, replace and repair pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along and across certain public streets, highways and alleys within the City.
A. Recitals
WHEREAS, the City of Placentia previously granted a franchise for the subject pipelines by Ordinance No. 99-O-122 to Tosco Corporation, and later transferred this franchise to Crimson California Pipeline, L.P., pursuant to City Council Resolution No. R- 2009-13; and
WHEREAS, Crimson California, L.P. (“Crimson California”) has been operating a pipeline in certain public streets pursuant to a franchise previously granted by the City, which franchise has now expired; and
WHEREAS, the City Council has received an application from Crimson California for the continued right and privilege to install, operate, maintain, replace and repair pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along, and across certain public streets, highways and alleys within the City; and
WHEREAS, the pipelines subject to the franchise include existing six -inch pipelines and appurtenances to transport hydrocarbon substances; and WHEREAS, on September 7, 1999, the Council adopted Ordinance No. 99-O-122 which granted a pipeline franchise to Tosco Corporation, a Nevada Corporation; and WHEREAS, effective January 1, 2003, Tosco Corporation merged with ConocoPhillips Company, a Delaware corporation; and
8 Ordinance No. O-2026-__
WHEREAS, on February 7, 2006, the Council adopted Resolution No. R-2006-07, consenting to the transfer of the franchise granted by Ordinance No. 99 -O-122 to ConocoPhillips Company; and
WHEREAS, effective July 1, 2008, ConocoPhillips Company sold and assigned over its common-carrier crude oil pipeline system and idle pipelines located in Southern California, including those pipelines covered by Ordinance No. 99-O-122, to Crimson California; and
WHEREAS, on December 1, 2009, the City Council adopted Resolution R -2009- 13, which authorized the transfer of the pipeline franchise as set forth in Ordinance No. 99-O-122, to Crimson California; and
WHEREAS, the pipeline franchise granted under Ordinance No. 99-O-122 expired on September 7, 2024; and
WHEREAS, pursuant to Resolution No. R-2025-72, adopted on ___, ___, 2025, the City Council declared its intention to grant a new franchise to Crimson California and set a public hearing on _______________, 2026, to consider objections to said franchise; and
WHEREAS, at a regular Council meeting held on, ___, ___, 2026 following said public hearing on the matter a new franchise was granted to Crimson California.
B. Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS:
SECTION 1: TERMS AND CONDITIONS OF FRANCHISE
A. Terms of Franchise
This Franchise is hereby granted to Crimson California L.P., a California limited partnership herein after referred to as ("Grantee") for a term of 25 years from the effective date of this franchise; however, said franchise may be sooner terminated by voluntary surrender or abandonment by Grantee, or by forfeiture for noncompliance with the terms and provisions hereof. Grantee shall further have an option to extend this franchise for an additional 25-year term for a reasonable fee, to be negotiated by the parties hereto prior to the end of the initial 25 -year term of this franchise. The parties shall commence negotiations on such fee upon notification from Grantee to the City of its election to renew this franchise, which notice shall be given no sooner than eighteen (18) months nor later than twelve (12) months prior to the expiration of the initial term.
9 Ordinance No. O-2026-__
B. Grant of Franchise
This franchise grants to Grantee the right, and privilege to install, operate, maintain, replace and repair pipelines for the transportation of oil, petroleum, gas, gasoline, or other hydrocarbon substances or water, in, under, along and across certain public streets, highways and alleys, hereinafter for convenience collectively referred to as “streets”, in the City of Placentia, County of Orange, State of California, hereinafter referred to as “City”, as described in Exhibit “A”, attached hereto and made a part hereof.
C. Appurtenances
The Grantee shall have the right to operate, maintain, repair or replace such scraper traps, manholes, flanges, conduits, culverts, valves, appliances, cathodic protection systems, attachments and other appurtenances (hereinafte r for convenience collectively referred to as "appurtenances") as may be necessary or convenient for the proper maintenance and operation of the pipelines under this franchise.
D. Description and Location of Pipelines
A description of the six (6) inch pipelines and their locations are more fully set forth in Exhibit “A” attached hereto and incorporated herein by reference. Drawings indicating the location of the pipelines are on file in the Department of Public Works.
SECTION 2. STANDARDS FOR WORK AND MATERIALS
A. All work undertaken or performed, and all pipes and appurtenances laid or used pursuant to the provisions of this franchise shall be of the standard required by law, and by any governmental authority having jurisdiction on the premises.
B. Where not in conflict with the State law, or governmental authority having jurisdiction on the premises, all facilities placed, erected, constructed, laid, operated or maintained under the provisions of this franchise shall be placed, erected, constructed, laid, operated or maintained in accordance with and conforming to all of the ordinances, codes, rules and regulations now or hereafter adopted or prescribed by the City Council, and shall be of first class and standard material and subject to the approval of the Direct or of Public Works.
SECTION 3: PERMISSION FOR STREET EXCAVATIONS
Before making any opening or excavation in any street, or before disturbing the earth beneath the surface of the street, regardless of whether the surface thereof is damaged or removed or not, except in case of emergency, the Grantee shall:
10 Ordinance No. O-2026-__
A. File with the Director of Public Works a drawing, or drawings, showing the proposed location and character of any pipes, appurtenances, facilities or equipment to be constructed, erected, or installed in the street of the City.
B. Make application to the Director of Public Works in accordance with the provisions of the ordinance of the City in force and effect at the time of making such application and secure a permit therefor which shall indicate the approximate time, manner, and place of laying and using said pipes, appurtenances, facilities and/or equipment.
C. If the proposed location of any pipes, appurtenances, facilities, or equipment does not, or will not unreasonably interfere with use of the streets of the City and otherwise complies with this franchise and all City ordinances, the Director of Public Works shall approve the same, and issue a permit or permits therefor.
SECTION 4: COMPENSATION TO THE CITY
During the term of this Franchise, Grantee shall pay to the City an annual fee for this Franchise, said fee to be those fees prescribed by the California Public Utilities Code, Section 6231.5, provided that the rate is subject to increase to the maximum rate established in subsequent amendments of the California Public Utilities Code. Annual payments to be made pursuant to this Franchise shall be due and payable in arrears April 1 of each year of this Franchise. The initial fee under this Franchise shall be calculated using the current fee being paid under Ordinance O-99-122, and increased accordingly as provided for herein.
At the time of payment of fees by Grantee, Grantee shall file a verified statement with the City Clerk showing in detail the number of lineal feet and the diameter thereof, expressed in inches of pipelines covered by this Franchise during the previous calendar year, or portion thereof.
The compensation provided for in this Section shall be subject to an increase after the first year of the Franchise and each subsequent year during the term of this Franchise, based on the provisions of California Public Utilities Code Section 6231.5, as amended.
The increase to said compensation as provided for subsequent years shall be based on the Consumer Price Index, All Urban Consumers, for the (Statistical Area) (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month is which payment is due and payable, divided by the Consumer Price Index, All Urban Consumers, for the [Statistical Area], for the month of June, 1989, which equals [CPI Factor]. If the Index is discontinued or revised during the term of the Franchise, such other mutually agreeable governmental index or computation with which it is replaced shall be 11 Ordinance No. O-2026-__
used in order to obtain substantially the same result as would be obtained if the Index has not been discontinued or revised.
Notwithstanding the provisions as otherwise stated in this Section and Franchise, the Grantee shall be liable to pay the City the annual fee for the period to and including due date of either actual removal of the facilities or the effective date of the abandonment “in place,” and until the Grantee shall have fully complied with all of the provision of law or ordinances relative to such abandonments.
In the event of partial abandonment of facilities as provided in the Ordinance, or in the event of partial removal of such facilities by the Grantee, the payment otherwise due the City for occupancy of the streets by such facilities shall be reduced by the length and diameter of pipeline abandoned or the actual pipeline removed beginning with the first day of the next succeeding franchise year, and for each franchise year thereafter, provided, however, that the base rate shall be modified to reflect the adjustment (pursuant to this Section) applicable to such abandoned or removed pipeline at the beginning of the next succeeding franchise year following abandonment or removal.
Grantee shall pay to the City, upon demand, the cost of all repairs made by the City to public property arising out of the operations of the Grantee under this Franchise.
Any fees charged or expenses charged to Grantee by City pursuant to this Section, or any other provisions of this Ordinance, unless disputed in good faith, shall be paid when due or shall be deemed delinquent. Any undisputed delinquent amounts shall accrue interest commencing thirty (30) days aft er the due date, at the rate of one and one-half percent (1.5%) per month (based upon a 30-day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by said Grantee to pay any undisputed delinquent franchise fee with any late charges, within thirty (30) days of delinquency, at the times or in the manner herein provided, shall be grounds for a declaration of a forfeiture of this Franchise and of all rights hereunder.
Payments shall be made to the City of Placentia, Finance Department, 401 E.
Chapman Avenue, Placentia, Ca. 92870, or at such place as the City may designate in writing.
SECTION 5: ABANDONMENT
Should Grantee elect to abandon all or any part of the pipelines, Grantee shall flush the pipelines, fill the pipelines with an inert, environmentally acceptable gas or other material, and cap the pipelines as required by the City Engineer. Grantee shall not owe the City any compensation for the privilege of said abandonment.
12 Ordinance No. O-2026-__
SECTION 6: REARRANGEMENT OF FACILITIES
A. Expense to Grantee
Whenever, during the existence of this franchise, the City shall change the grade, width or location of any street or improve any street in any manner, including the laying of any sewer, storm drain, conduits, gas, water or other pipes o wned or operated by the City or any other public agency, or construct any pedestrian tunnels, or other work in the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have su ch rights) and such work shall, in the opinion of the City Engineer, render necessary any change in the position or location of any facilities of the Grantee in the street, the Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location in conformity with the written notice of the City Engineer as provided in Paragraph D below; provided however, that the City shall not require the Grantee to remove its conduits or lines entirely from the street.
B. Expense of Others
Except as provided in Paragraph A of this Section 6, when such rearrangement is done for the accommodation of any person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such arrangement, shall (a) deposit with the Grantee either cash or a corporate surety bond in an amount, as in the reasonable discretion of the Grantee shall be required to pay the costs of such rearrangement; and (b) shall execute an instrument agreeing to indemnify and hold harmless the Grantee from any and all damages or claims caused by such rearrangement. This provision shall not be construed to require Grantee to rearrange facilities. Any accommodation for rearrangement of Grantee's facilities shall be made at the discretion of Grantee.
C. Rearrangement of the Facilities of Others
Nothing in this franchise shall be construed to require the City to move, alter or relocate any of the facilities upon said streets, at its own expense, for the conven ience, accommodation or necessity of any other public utility, person, firm or corporation; or to require the City or any person, firm or corporation now or hereafter owning a public utility system of any type or nature, to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee.
D. Notice
The Grantee shall be given not less than ninety (90) days’ written notice of any rearrangement of facilities which the Grantee is required to make hereunder. Such notice shall specify the time that such work is to be accomplished . In the event that the 13 Ordinance No. O-2026-__
City shall change the provision of any such notice given to the Grantee, the Grantee shall be given an additional period not less than sixty (60) days t o accomplish such work.
SECTION 7: INDEMNIFICATION BY GRANTEE
A. Grantee shall indemnify and hold City, its City council, boards and commissions, officers, agents, servants and employees harmless from and against any and all loss, damages, liability, claims, suits, costs, and expenses, whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to the activities or work of Grantee or its agents conducted pursuant to the franchise.
B. Grantee shall indemnify, defend and save harmless the City, its City Council, boards and commissions, officers, agents, servants and employees, from and against any and all claims and losses whatsoever, including reasonable attorney's fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies to Grantee or its contractors in connection with activities or work conducted or performed by Grantee, or its agent s pursuant to this franchise and arising out of such activities or work, and from any and all claims or losses whatsoever, including reasonable attorney’s fees, accruing or resulting to any person, firm or corporation for damage, injury or death arising ou t of Grantee’s operations, except to the extent of City's sole negligence or willful misconduct.
SECTION 8: INSURANCE REQUIREMENTS
A. Within ten (10) days after the effective date of this franchise, the Grantee shall furnish to the City Clerk of the City evidence of insurance or self-insurance applicable to all operations conducted under this franchise and including the liability arising out of the existence of real property, in the forms and amounts:
1. Comprehensive Public Liability Insurance
Grantee at all times during the term of this franchise shall maintain liability insurance in an amount of not less than Five Million ($5,000,000.00) Dollars to cover any claim, expense, or loss arising out of the operation, use, maintenance or other privilege exercised under this franchise, including Grantee's contractual liability to indemnify City.
The City, its city council, boards and commissions, officers, agents, servants, and employees shall be named as additional insureds in said policy of insurance for all operations of Grantee relating to the operation of the pipelines within the City. Said policy of insurance shall contain the following provisions or endorsements:
a. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured.
14 Ordinance No. O-2026-__
b. An additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extension thereof.
c. The provision of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of an additional insured named herein without first delivering to City twenty (20) days’ notice of such intention, except as provided in paragraph d, of Section 8, Paragraph A 1 below.
d. In the event Grantee, as a result of cost savings procedures, determines to change insurance carriers too late to provide twenty (20) days’ notice, Grantee warrants that it will maintain the City, its city council, boards and commissions, officers, agents, servants and employees as additional insureds on equivalent insurance with another insurance company which is qualified to business in California, or which is internationally recognized as responsible and is acceptable to the City of Placentia.
2. Letter of Self-Insurance
Grantee may, at their option, obtain or provide proof of self -insurance status in a form acceptable to the City.
SECTION 9: DEFAULT
A. Effect of Default
In the event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein and such default is curable, the City may give written notice to the Grantee of such default. In the event that the Grantee does not commence the work necessary to cure such default within sixty (60) days after such notice is sent or prosecute such work diligently to completion, the City may declare this franchise forfeited. Upon giving written notice thereof to the Grantee, this fr anchise shall be void and the rights of the Grantee hereunder shall terminate, and the Grantee shall execute an instrument of surrender and deliver the same to the City.
B. Force Majeure
In the event Grantee is unable to perform any of the terms of this franc hise by reason of strikes, riots, acts of God, acts of public enemies or other such causes beyond its control, it shall not be deemed to be in default or have forfeited its rights 15 Ordinance No. O-2026-__
hereunder if it shall commence and prosecute such performance with reasonabl e promptness as soon as possible to do so.
C. Cumulative Remedies
No provision herein made for the purpose of securing the enforcement of the terms and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative.
SECTION 10: SCOPE OF RESERVATION
The enumeration herein of specific rights reserved shall not be construed as exclusive or as limiting any general reservation herein made or as limiting such rights as the City may now or hereafter have in law.
SECTION 11: NOTICE
Any notice required to be given under the terms of this franchise, the manner of services of which is not specifically provided for, may be served as follows:
A. Upon the City, by serving the City Manager or the City Clerk personally, or by addressing a written notice to the City Clerk of the City of Placentia, City Hall, 401 East Chapman Avenue, Placentia, CA 92870, and depositing such notice in the United States mail, postage paid or:
B. Upon the Grantee, by personal delivery or addressing a written notice to Crimson California Pipeline, L.P., 1900 Main Street, Suite 600, Irvine, California 92614, and depositing such notice in the United States mail, postage prepaid; or such other address as may from time to time be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid. When the service of any such notice is made by mail the time such notice shall begin with and run from the date of deposit of the same in the United States mail.
SECTION 12: CONSENT FOR TRANSFER
Grantee shall not sell, transfer or assign this franchise or any of the rights or privileges hereby granted without the prior written consent of the City Council. Upon compliance with the foregoing, this franchise shall be binding on the successors and assigns of the parties hereto and shall inure to the benefit of the successors and assigns of the parties hereto.
16 Ordinance No. O-2026-__
SECTION 13: ACCEPTANCE OF FRANCHISE
This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained, and the Grantee must, within ten (10) days after the ado ption of the ordinance granting said franchise, file with the City Clerk a written acceptance of such terms and conditions.
SECTION 14: COSTS OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this franchise, the prevailing party shall be entitled to receive from the losing party reasonable costs and expenses and such amount as the court may adjudge to be reasonable attorneys' fees for the costs incurred by the prevailing party in such action or proceeding.
SECTION 15: COUNTERPARTS
This franchise may be executed in several counterparts, each of which is an original, and all other which is an original, and all of which together constitute but one and the same document.
SECTION 16: CAPTIONS FOR CONVENIENCE
The captions herein are for convenience and reference only and are not a part of this franchise and do not in any way limit, define or amplify the terms and provisions hereof.
SECTION 17: GOVERNING LAW
This franchise has been made and shall be constructed and interpreted in accordance with the laws of the State of California.
The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance. The City Clerk shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.
PASSED, APPROVED AND ADOPTED this __ day of ______ 2026
_________, Mayor
17 Ordinance No. O-2026-__
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regularly held meeting on ________ and finally adopted at a regular meeting on ______________of the City Council of the City of Placentia, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
___________________________________
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
___
Christian L. Bettenhausen, City Attorney
18 Ordinance No. O-2026-__
Exhibit A
Map of Pipeline Locations Subject to the Franchise
19