HomeMy WebLinkAboutResolution No. 920 0
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II TII1 DOAM) OF TRU:JT,:I�S OF III,, CITY OF - ZU'30t DO R!;;:;OLV �' AS FQ'.101 S:
ihat I,.hereas an anplication has been made and filed tvitli the City
of -zusa by C.S.s. Fvvncy and his a,,inns a.skinr� that a franchise
be offered for sale and granted to the hi„hest bidder therefdr by
Vie said City of :_zusa granting to the highest bidder therefor tl,.e
right and privilege to cons truct,ins titute,ins toll, 1ay and main-
tain underground conduits, gas pipes and ;:tains for t' -e purpose of
carrying,conducting and distributing ccrtmercidl gas for light,heat
and povt/er,i.n,ard alonE:, the Public Streets, alleys and tborougl?-
cares of Vie City of .-zusa and to maintain and operate the same
for a period of fifty (50) years.
IT L`.3 i'.i_:SCLV::D that the 'i'soa.rd of '-rustees of the City of ,zusa
viill offer for sale to the highest cash bidder therefor a certain
franchise granting the right and privilege to construct,institute,
install,lay and maintain underground condaits,&;s pipes and mains
for the purpose of carrying,conducting ar,d distributing cor=..Iercia.l
gas in, and along the Public "treets,Alleys and thoroughfares of the
ity of -zusa and to maintain and oner,,.te the same for a period of
fifty (50) years. Said 'franchise to be sold and granted under the
requirements of the LIwvs of the State of California relative to
granting franchises by legislative or otli r governing bodies of
Counties and Iunicipalities,t.o-wit: Title. 173 Act.1220 Ceneral Lars
of the State of California.
Tne City Clerk ofthe said City of Azusa is hereby directed to
publish for four (4) successive tivei^ks
in the Pomotropic, a weekly i\Iewspaper of ''cnera:l circulation,
Published and circulated in the City of �zusa,a notice of the sale
of such franchise in the following for,1:
NOTICE OF SALE OF GAS FRArCHI..SH IN CITY OF AZUSAXALIFC7NIA.
OFFICE OF THE CITY CLERK OF THE CITY OF ?-.ZUS1, LOG NG'iSL,:S COUNTY
STATE OF CALIFORNIA, APRIL 13th. 1909.
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2 I TO 'rlHOM IT ?:Y CCNC ,IUI:
3 Public notice is hereby given that an application has been made
4 to The Board of Trustees of the City of Azusa,County„of Los nngeles
5 State of California for a, certain franchise granting the right and
s privilege to construct,institute,install,lay and maintain under -
7 round conduits mains and as
g ,.. g^ pipes .or the purpose of carrying,
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conducting and distributing commercial gas for light,heat and power
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in and along the Public.Streets,Alleys and thoroughfares of the
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City of Azusa,for a terra of fifty years and it is proposed by said
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Board of Trustees of said City to offer for sale and grant to Vie
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highest bidder said franchise on the terms and conditions herein -
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after mentioned.
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The said franchise is described as follows:
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That in consideration of the payment of the sum of Dollars
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lawful money of the United States to the said City of Azusa,said
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sum being the amount bid by for such franchise,and said
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bid being the highest and best bid therefor received up to seven
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thirty oclocl_ P.M. of the seventh Day of June,1909,at the office of
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the City Clerk of the City of Azusa, for such franchise,upon pub -
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lication of a notice under the direction of the Board of Trustees
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of the said City of Azusa that such franchise would be sold having
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'oen Made by the City Clerk of the said City for the terra and in
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the manner provided by law and in further consideration of the ex -
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ecution of a bond to said City of Azusa in the penal sunt of one
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thousand (",1000.00) dollars as required b;, law,a franchise and the
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right and privilege is hereby granted to and his assigns
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to constroct,institute,install,lay and maintain underground conduit:
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;rains and gas pipes for the purpose of carrying ,conducting, and
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distributing co: nercia.l gas for light,heat and power,in and along
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the Poblic Streets,Alleys and thoroughfares of the City of y.zusa
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and to maintain and operate the same for a period of fifty (50)
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years; Provided however that the -said underground conduits,mains
and gas pipes shall at all times during; the life of this franchise
be so constructed,instihtuted,installeci, operated and maintained as
herein provided,and the right and privilege is liereby granted and
shall at all tines be exercised and enjoyed in accordance with,and
subject to each and every of the terms and conditions of this ord-
inance,and not otherwise.
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That said Grantee,his successors and assigns arec,, hereby re-
quired to expend within tie City of Azusa,and •,<;ithin one year from
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and after t',.e taking effc-ct of this ordinance,not less than the
sunof five thousand (;,5000.00) ctollars,in carrying out the con-
struction of the enterprises contemplatod in this ordinar.ce,and by
t'?e acceptance of this ordinance the Grantee,his successors and
assigns agree to the conditions herein. imposed.
ha.t said. Grantee or his as.^igns,shall so construct and lay all
underground conduits, naifns and gas nines so that the same shall
be not less than twelve inches below the surface of the
Stree ts,Alloys and thoroughfares and all conduits,mains and pipes
shall be laved and kept air and gas tight at all titres during the
life of this franchise.
That it shall be lawful for said Gran*ee or his assigns to make
all necessary and needful excavations and openings in any of the
Streets,Alleys and thoroughfares of said City in which they may
desire to place said conduits,pipes and Eas mains or connections
therewith, for the nurposes in this ordinance nentioned,and that
there may be traps and manholes constructed along the said pipe
line for
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the purpose of affording access to said pipe line for cleaning
0 and maintainance thereof; said traps and manholes to be so capped
covered as to be flush with the Street,rlley or thoroughfare
not to interfere in any way with theuse of said Street,A.11ey or
Thoroughfare for travel or traffic. Said Grantee or his ?:signs
shall submit plans and specifications for the construction and lay-
ing of said pipes,conduits, mains,manholes and traps to the said
Board of Trustees.which said plans and specifications shall be
9 approved by said Board before work in connection therewith is cora
10 menced.
11 All work in this franchise mentioned that shall be performed
12 upon the Public Streets,Alleys or thoroughfares of said City in
13 excavating for,replacing,renewing and repairing toe said conduits,
14 ;_rains, gas pipes,traps and manholes shall be in strict compliance
15 with the rules and ordinances which have been or may, be adopted by
16 the said Board of Trustees, and under the instruction and to the
17 satisfaction of the Superintendent of Streets of the City of Azusa.
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18 there work is done under this franchise, said grantee or his
19 assigns,shall as soon as practical in the judgment of said Super
20 intendant of Streets restore the Strsets,Alleys or thoroughfares
21 that have been disturbed, to the same good order and condition in
22 which they were prior to the cohmenceDcnt of such work,and the sur -
23 face thereof shall be securely supported so as not to impair the
24 use or enjoyment by the P_rblic of such Street,Alley or Thoroughfare
25 Provided,further., that upon the grading or re-grading,or other
26 improvement of said Street, alley or Thorou`rhfare aid underground
27 conduits,mains,gas pipes, Hanholes and traps shall be taken up if
28 necessary and relaid at the expense of the said Grantee or his
29 Assignhs,so as to conform to the conditions imposed in section. three
30 of this franchise. And in case said grantee or his assigns shall
31 fail to comply with the provisions of this section, or with the
32 instructions of the P'treet Superintendent for ten (10) days after
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1 service of written notice thereof upon said Grantee or his Assigns
2 or upon the tanager or Agent of said Grantee or his Assigns in the
3 City of Azusa or at the Principal place of bmsiness of said Granter
4 or his Assigns,then he the said Official may enter upon the Street;
5 Alleys or Thoroughfares and do the work as ordered by the Board of
6 Trustees. Said Official to keep an itemized account of the cost of
7 said work, which the said Grantee and his Assigns, by the
accep—tance of the rights and privileges hereby granted, agree to pay
9 immediately upon presentation to said Grantee or his Assigns or to
10 such Lanager or Agent stAAioned at Azusa or at the principal
11 place of business of the said Grantee or assigns.
12 That said Grantee or his assigns shall construct all necessary
13 flumes and culverts for the free passage of water over and under
14 the pipes, mains, conduits, manholes and traps of said Grantee or
15 his assigns, and that all such flumes and culverts shall be con -
16 strutted in accordance with plans and specifica.tiond approved by
17 the Board of `trustees of said Lity.
18 The City of Azusa expressly reserves -tire -right to -pave re- ave
_19. G' macadamize,re-macadamize, sever, plank or re -plant., gutter or re -
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Futter,repair,improve or alter any of the Streets,,+lleys or th or -
21 oughfares of the said Cit and to
Y lay gas, water pipe., or other
22 mains andP�P i es therein,such work to be done so as to injure said
23 grantee or his assigns underground conduits,gas pipes,mains,manholes
24 and traps as little as
P possible.
25 gnat said Grantee or his assigns shall
gn pay to the City OC Azusa,
26 during the life of this franchise, all licenses that are now or
27 may hereafter be required b said City for
Y 4 Y J privileges herein men -
28 tioned.
29 Diat said Grantee or his assi_gns,shall during the life of this
30 franchise^'
pay to the amity of Azusa,in lawful money of the United
31 States,two per cent of the gross annual receipts of such Grantee
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or his assigns arising from the use,operation and possession of
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1 I said franchise. No percentage shall be paid for the first five (5)
2 years succeeding the date of said franchise,but thereafter such
3 percentage shall be paid annually,and said franchise is to be for -
4 feited by a failure to make the payments provided for. It shall be
5 the duty of the Grantee of said franchise or of his Assigns,to
6 file with the City Clerk of the City of Azusa,at the expiration of
7 six (6) years from the date of granting of said fra.nchise,and at
8 the expiration of each and every year thereafter,a statement ver-
s I ified by the oath of said Grantee or of hit Assigns,or by the
10 oath of the i:ianager,Secretary or presiding officer of the said
11 Grantee or his Assigns,showing the total gross receipts and gross
12 earnings collected and received by the said Grantee or his Assigns
13 during the preceding twelve (12) Months from all sales of gas to:
14 1 all consumers thereof within said City; And within ten (10) days
15 after the time for filing of the aforesaid statement,it shall be
16 the duty of the said Grantee or his Assigns, to pay to the City
17 Treasurer of the City of Azusa, the aggregate sum of said percent- 1
16 age upon the amount of the gross annual receipts arising from the
19 use,operation and possession of said franchise, determined and com-
20 puted in the manner hereinbefore
provided.
21 A„y neglect,ommission or refusal by the said Grantee or his
22 assigns to file said verified statement or to
g pay the said per -
23 tentage of said gross annual receipts at the time or in the manner
24 hereinbefore provided,shall ipso facto work a forfeiture of the
25 franchise Derein granted and of all rights thereunder,to the City
26 of Azusa.
27 The rork of constructing said gas plant,or system,shall be com-,
28 meneed In good faith within not more than four (n) i
onths from the
29 date of the granting of this franchise, and shall be.continuously
30 prosecuted thereafter in good faith and without unnessary delay or
31 unavoidable intermission; And the said work of construction shall..,
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be connleted within not more than three (:) years thereafte,r,anid`;;
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that if said work is not so co_mmenced,prosecuted or completed,
within the time or in the manner specified,said franchise shall be
forfeited. should the grantee or his assigns for sixty (00) days
during any six (6) Months of.the life of this franchise fail,neg-
lect or refuse to supply constant and adequate gas service for
light heat and fuel said franchise shall be forfeited.
That said Grantee,his successors or as.igns shall not sell,tran-
sfer or assign any of the rights or privileges granted by this
franchise except by a duly executed instrument in writing,filed
in the office of the City Clerk of the City of Azusa; PROVIDED,
further, that nothing in this franchise contained shall be con-
strued to grant to said Grantee or his successors or Assigns,any
right to sell,transfer or assign this franchise or any of the right
gr privileges hereby granted extent in the manner aforesaid.
That said Grantee of said franchise or his assigns shall within
five (5) days after this franchise is awarded,file with the Board
of 'Trustees of the City of Azusa,a bond running to said City,with
at least two (2) good and sufficient sureties to be approved by
the said Board of -rustees,in the penal sum of one thousand tt000.
dollars,conditioned that the said Grantee or his Assigns shall
well and truly observeil ulfill and perform each and every term
and condition of said franchise,and that in case of any breach of
condition of said Dond,the whole amount of the penal sum therein
named,shall be taken and deomed to be liquidated damaeos,and shall
be recoverable from the Principal and sureties upon said bond by
action in any Court of competent jurisdiction. In case said bond
shall not be so filed,the award of said franchise shall be set asi
'Phat any neglect,failure or refusal of the Grantee or his assign
to comply with any of the conditions of the said franchise shall
thereupon inmediately ipso racto effect a forfeiture thereof,and
the said City by its Doard of Trustees,may thereupon declare said
franchise forfeited, and may exclude said grantee or his assigns.
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1 from the further use of the Streets,Alleys or thoroughfares of sa c
2 City under this franchise,and said Grantee and his assigns,shall tI
3 thereupon and immediately,surrender all rights in and to the same,
4 1and this franchise shall be deemed and shall remain null,void and
5 of no effect and the title to the said conduits, Gas pipes and
6 'wins laid in said otreets,Alleys and thoroughfares shall the'reupc
7 and thereafter be and remain in the said City n
Of Azusa.,,
9 Notice is also hereby given that sealed bids in writing will be
10 received for said franchise up to seven thirty o'clock P.M. of
11 Monday the 7th. Day of June,1909,that the bids will be received by
12 the City Clark of the City of _:..znsa and opened at that time;That
13 all bids must be for the payment of a stated sun in lawful i"
ones:
14 of the United States; And that the franchise will be struck off,
15 sold and awarded to t`�e person,firm or corporation who shall make.
16 the ''igaest cash bid therefor; Provided only that at the time of
17 opening the said bids,any responsible fir;: ,Person or Corporation
18 present or represented,may bid for said franchise a sura not less
19 than ten (100;) per cent above the highest scaled bid therefdr and
20 that said bids so made may be raised not less than ten (10/1)
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21 cent by any other responsible bidder,and said bidding may so con -
22 tinue until finally said franchise shall be struck off,sold and
23 awarded by said Board of Trustees to the highest bidder therefor
24 in lawful nney of the United States. Each sealed bid must be
25 accompanied by cash or a certified check, payable to the City
26 Treasurer of the City of i:_usa pop t, n, fill amount of said bid, and
27 1 no sealed bid will be considered unless such cash or certified
28 check is inclosed therewith,and the s tccessfnl ;,.;&jor c• nj
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29 at least ten (100) per cent of the amount of his bid With the City '
30 Clerk of the City Of Azusa before said franchise will be struck off
31 to him. And if he shall fail to Oahe such deposit iamed•iatcly,then
32 and in that case,his bid shall not be received,and shall be consid-
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-ered as void,and
the said franchise
shall be then
and there -b-,w
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again offered for
sale to the bidder
who shall make
the highest
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cash bid therefor,subject,
to the same
conditions as
to deposit,as
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above mentioned.
said procedgre shall
be had until
said franchise
b is struck off, sold and awarded to a bidder who shall make the
6 necessary deposit of at least ten (10`x) per cent or his bid therefc
7 as herein provided.
8 Said successful bidder shall deposit with the Clerk of the City
9 of Azusa,within twenty four (2<?) hours of the acceptance of his bid,
10 the remaining ninty (00) per cent of his bid,and in case he or it
11 shall fail to do so, then the said deposit theretofor made,shall be
12 forfeited,and the said award of said franchise shall be void,and
13 the said franchise shall then and there, by said Ward of Trustees,
14 be again offerad for sale to the highest bidder therefor, in the se
15 manner and under the same restriction as herein provided, and in
16 case said bidder shall fail to deposit with the Clerk of the City
17 of Azusa,the remaining n.inty (90°j) per cent of his bid,within twenj
18 four (2 4) hours after its acceptance, the award to him of said
19 franchise shall be sat aside,and the deposit theretofor made by
20 him ;,illbe forfeited, and no further proceedings ror a sale of said
21 franchise shall be had unless the same shall be readvertised and
22 again offered for sale.
23 Notice is also given that the successful bidder for said fran-
24 chise must, wit4in five (5) days after said franchise is awarded
25 to him ob it,file and maintain with the Aoard of Trustees of the
26 Cit;; of Azusa, a bond running to said City in the penal sum of one
27 thousand (JI000.00) dollars with at least two good and sufficient
28 sureties to be approved by said Board of Trustees, conditioned that
29 such .bidder shall well and truly observe,fulfill and perform each
30 and every term and condition of said franchise,and that in case of
31 any breach of said condition of said bond, the whole amount of the
32 penal sum therein named,shall be taken and deemed to be liquidated
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I damages, and shall
be recoverable
from the Principal and sureties
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upon said bond.
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If said Bond be not
so filed,the
award of said franchise will be
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set aside,and any money paid therefor
will be forfeited to the
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said City of Azusa.
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By order of the i'oard
of Trustees
of the City of :�.zusa made and
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enterer at a regular
meeting; of said
_;pard on the 12th. Day of
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April 1909.
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City
Clerk of the City of Azusa.
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'_`hat the City Clerk sbr..11 certify to the passa.l;a and adoption of
t'l.is resolution by a two thirds vote of all the membcrs
and of its approval by the President of the Board of Trustees of
the Cite of Azusa whereupon and ther^after the sane shall be in
full force and effect.
Adopted and arproved- tI-.i,sl2th. Day of __pril,l09,
attest:
_Zh1(,
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City Cl rk of the Cit, President of the hoard of Truste
S of Azusa. of the City of Azusa.
State of C,'lifornia,
City of ..z.isa.
Glovcr'City Clerk of
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the "its- of Azusa,do here-
by certify that •the whole number of the oard of Trustees of the
City of _>.zusa is five, and that on t.`e 12thq Day of April 1909,at
a. regular neetinf; of said Doard, a quori.iri being present, the, fore-
going resolution was passed and adopted by a two-thirds vote of
all the members of said Board of Trustees, to-wit,by the following
vote:
Ayes:
Aloes:
bsent:
,. Cep
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Cit-----------------
y Clerk of tho City of Azusa,