RESOLUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TORRANCE, CALIFORNIA, DECLARING ITS
INTENTION TO CONSIDER AN APPLICATION FOR A
PETROLEUM PRODUCTS PIPELINE FRANCHISE FROM
PHILLIPS 66 COMPANY AND SETTING THE DATE FOR
A PUBLIC HEARING AT WHICH PROTESTS OR
OBJECTIONS MAY BE RECEIVED
WHEREAS, on October 25, 2011, the City Council of the City of Torrance (City) adopted Ordinance No. 3752 granting a pipeline franchise to ConocoPhillips Company for the purpose of transporting, conveying and carrying gas, oil, petroleum products and water, on, along, in, under and across public streets, ways, alleys and places within the City of Torrance; and WHEREAS, on July 1, 2012, ConocoPhillips Company split into two separate corporations with the subject pipelines in the City of Torrance being owned by the newly formed Phillips 66 Company, a Delaware Corporation; and
WHEREAS, Franchise Ordinance No. 3752 expired pursuant to its terms on November 24, 2021; and WHEREAS, the City has received an application from Phillips 66 Company to renew the pipeline Franchise; and
WHEREAS, due to the change of the operator of the pipelines and appurtenances covered under Franchise Ordinance No. 3752 and discrepancies related to the existing Franchise Ordinance No. 3752, a new Franchise Ordinance is drafted to address those issues; and NOW THEREFORE BE IT RESOLVED by the City Council for the City of Torrance:
Section 1
The City Council hereby expresses its intent to consider a franchise application from Phillips 66 Company to operate and maintain existing petroleum products pipeline as described in Exhibit A, attached hereto and incorporated herein by reference.
Section 2
The pipeline franchise application is for a franchise period of ten-years (the "Initial Term") from the effective date of the franchise . Grantee shall further have the option to extend this franchise for two additional ten-year terms the "Subsequent Terms." Section 3
Franchise fees under the franchise will be calculated by a linear footage and pipeline diameter based rate schedule agreed to by the City and Phillips 66 Company through adoption and acceptance of this franchise and paid annually to the City of Torrance pursuant to Section 6231.5 of the California Public Utilities Code .
Section 4
A public hearing to consider this application will be held on February 28, 2023 at 7:00 pm. in the City of Torrance. All persons having any objection to the granting of the franchise may appear before the City Council and be heard at that time .
Section 5
A notice of the intention to consider the application for a pipeline franchise from Phillips 66 Company will be published in a newspaper of general circulation within 15 calendar days following the adoption of this Resolution. The notice will include: date, time, and place of the scheduled public hearing; a statement that the franchisee will pay franchise fees, and failure to pay such fees as prescribed will result in the forfeiture of the franchise.
Section 6
The City Clerk will certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
INTRODUCED, APPROVED and ADOPTED this 24th day of January 2023 .
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST :
t ia Y. Strader, Assistant City Attorney
TORRANCE CITY COUNCIL RESOLUTION NO. 2023-03
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 24th day of January 2023 by the following vote:
AYES: COUNCILMEMBERS Griffiths, Kalani, Lewis, Mattucci, Sheikh, and Mayor Chen.
NOES: COUNCILMEMBERS None.
ABSTAIN: COUNCILMEMBERS None.
ABSENT: COUNCI LMEMBERS Kaji. ·,
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Date : City Clerk of the City of Torrance