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Ordinance 21-04ORDINANCE NO. 21-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, EXTENDING THE FRANCHISE OF ZENITH ENERGY WEST COAST TERMINALS, LLS, SUCCESSOR IN INTEREST TO PLAINS WEST COAST TERMINALS, LLC, FOR A PERIOD OF TWENTY FIVE (25) YEARS WHEREAS, on April 21, 1952, the County of Riverside ("County") adopted Ordinance No. 390 granting a franchise, for a period of 50 years, to Southern California Edison ("Edison") to construct, lay, operate, maintain, use, renew, repair, replace, move, change the size and number of, and remove or abandon in place a system of pipe lines, together with such valves, fittings, manholes, vaults, pumps and other appliances, appurtenances, attachments or equipment as the Grantee, its successor and assigns, may deem necessary or convenient, or the purpose of conducting, transporting, conveying and carrying oil, petroleum, gas and other substances, on along, in, under and across certain identified public streets ("Franchise"); and WHEREAS, in July of 2002, the County adopted Ordinance No. 390.1, extending the Franchise by one year, resulting in a new expiration date for the Franchise of May 20, 2003; and WHEREAS, in May of 2003, the County adopted Ordinance No. 390.2, extending the Franchise another year, resulting in a new expiration date for the Franchise of May 20, 2004; and WHEREAS, in July of 2003, Edison assigned its rights under the Franchise to Pacific Terminals, LLC; and WHEREAS, In May 2004, the County adopted Ordinance 390.3, extending the Franchise for an additional fifteen (15) years, resulting in a new expiration date for the Franchise of May 20, 2019; and WHEREAS, on June 1, 2009, Pacific Terminals, LLC, changed its name to Plains West Coast Terminals, LLC; and WHEREAS, Section 10 of Ordinance No. 390 requires that the franchisee post a $1,000 bond, which would act as liquidated damages in the event franchisee breached the Franchise. On May 1, 2013, subsequent to the incorporation of Eastvale, Plains West Coast Terminals, LLC, provided notice to the City of Eastvale of a reissued bond for the benefit of the City, and indicated that future payments under the Franchise would be directed to Eastvale; and WHEREAS, the underground pipelines that has been constructed pursuant to the Franchise is located along Millikan/Hamner Avenue from Philadelphia Street south to Edison Avenue; and WHEREAS, on May 29, 2019, Plains West Coast Terminals, LLC, contacted the City of Eastvale, requesting an extension of the Franchise for a period of twenty-five (25) years; and