R 4215 RESOLUTION NO. 4215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DECLARING ITS INTENTION TO GRANT A PIPELINE
FRANCHISE TO CONOCOPHILLIPS PIPELINE COMPANY AND SETTING
FORTH NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING TO
OBJECT THERETO
WHEREAS, on November 9, 1999, the City of Arroyo Grande "City entered into "An
Agreement Granting to Unocal Califomia Pipeline Company "Unocal a California Corporation,
a Franchise to Construct, Operate, and Maintain Pipelines for the Transportation of Oil, and
Other Specified Materials, in the City of Arroyo Grande, State of Califomia" "1999 Pipeline
Franchise Agreement and
WHEREAS, the 1999 Pipeline Franchise Agreement contained a term of ten (10) years,
and expires on November 30, 2009; and
WHEREAS, on July 26, 2005, the City consented to the transfer of the 1999 Pipeline Franchise
Agreement from Unocal to ConocoPhillips Pipeline Company "ConocoPhillips a Delaware
Corporation, as a duly authorized successor franchisee to Unocal; and
WHEREAS, on July 1, 2008, ConocoPhillips made application to the City for a new twenty -five (25) year
pipeline franchise; and
WHEREAS, City and ConocoPhillips staff have negotiated the terms and conditions of a proposed new
pipeline franchise agreement "new Pipeline Franchise Agreement"); and
WHEREAS, pursuant to Public Utilities Code Section 6231 et seq., prior to considering approval
of a pipeline franchise the City Council is required to adopt a resolution of intention to grant a
pipeline franchise, and direct the City Clerk to publish notice of a public hearing on the franchise
application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
HEREBY RESOLVE AS FOLLOWS:
1. That consistent with the provisions of Public Utilities Code Section 6232, it is the intention of
the City Council of the City of Arroyo Grande to grant a franchise to ConocoPhillips, to
construct, operate, and maintain pipelines for the transportation of oil, and other specified
materials, in the City of Arroyo Grande, State of California, for a term of fifteen (15) years.
2. Notice is hereby given that on September 22, 2009, at 7:00 p.m., at the Arroyo Grande City
Council Chambers located at 215 East Branch Street, Arroyo Grande, California, all interested
persons may appear before the City Council and be heard concerning the granting of a new
Pipeline Franchise Agreement and all other matters relating thereto. Protests stating objections
to the proposed granting of the new Pipeline Franchise Agreement must be in writing and must
be filed with the City Clerk prior to the conclusion of the hearing.
3. The City Clerk shall cause notice of the hearing to be given by causing a notice to be
published in the manner required by Public Utilities Code Sections 6232 and 6233.
RESOLUTION NO. 4215
PAGE 2
4. The above recitals are true, correct and incorporated herein.
On motion of Council Member Costello seconded by Council Member Fellows and on the
following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Arnold, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 25 day of August 2009.
RESOLUTION NO. '1215
PAGE 3
TONY FERR AYOR
ATTEST:
lit (mhtob
KELLY W M(E, CITYCLERL
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. MEL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4215 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
25`" day of August 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26 day of
August 2009.
i i
KELLY ET e E, CITY CLERK