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HomeMy WebLinkAboutResolution No. 271M 137 RESOLUTION NO 271. A RESOLUTION ©RANTING 'THE,,CONTRACT 'CDMERNY A PERMIT TO LAY A VATER 21n, 111TH UPON A PORTION OF ELEVENTH STHIMT AND IMPOSING CERTAIN CONDITIONS THEREYORE, The Board of Trustees of the City of -Azusa do receive as follows; Section 1. That the Contract Water Company be, and it is hereby granted a permit to construct a 14 inch pipe line upon Eleventh Street from Angeleno Avenue to the Easterly city limits upon tho following terms and conditions, to -wit; First. That the same shall be revokable at any C time by the Board of Trustees of the City of Azusa and no right of action shall accrue thereby in favor of the grantee of said permit , its successors or assigns against the said City of Azusa. 2nd. That -,said pipe line shall be laid and main- tained such portions of the said street as shall be therefor by the City Engineer &f the City of Azusa. 3rd. That every pipe laid and maintained under this permit shall be laid not less than two feet mnder ground. Wherever it shall become necessary to tear up said street, for the purpose of construdying, recon- structing or repairing such pipec.line, the same shad be replaced to its original condition and the work thereof shall be so done that there shall be either any depression or elevation in such portion of the highway, but the same shall correspond to the official grade and level of the balance of such highway. 4th. That the Board of Trustees of the City of Azusa reserved the right to change the grade of said street and the grantee of.this permit, or its successors or assigns, shall, upon any change of grade,at once i change the location of all pipes, laid hereunder , so as to conform to such change of grade. 5th. That, if any portion of said street shall be damaged by reason of any leaks, breaks or , other damage to any pipe laid under this permit, the 0 138 grantee, its successors or assigns, shall at once at its own expense, repaid such damage and put `) such highway in as good condition as at was before such damage occured and to the satisfaction of the said Board of Trustees of th'0 City of Azusa. 6th. That the grantee herein shall be res- ponsible for all injury and damage suffered by anyone who may be injured at any time during the life of this permit by reason of said pipe line being or having been laid in said street or by the gianner of ding said work„ or in repairing the same, and will hold and protect the City of Azusa harmless from all expenses incurred or damage suf- fered by it by reason thereof. 7th. That the work of laying said pipe line dhall he done under the supervision of and in ac- cordance with the direction of the City Engineer of the City of Azusa;,and whor, said work is completed the said street shall, a.t once, be r6ylgded to the same condition it was in immediately prior to the commencement of such work. 8th. That, in laying said pipe line across the intedseetion of Eleventh Street and Azusa Avenue,.a tunnel shall be construvted under that portion of Azusa Avenue which is paved or macadamed. The tpp of said tunnel shall be Six feet below the surface of said street and the sides and top of said tunnel shall be sufficiently braced so as not to allow the surface of said street to sink, and after the pipe line is laid therein,the same shall be refilled, the dirt therein thiriughly wetted, packed and rammed so that at no time will the surface of said street ever sink by reason of said work, and such wmrk of refilling shall be done to the satisfaction of the Board of Trustees of said City of Azmsa. 9th. That, before this permit becomes effect - ive , the grantee, its successors or aesigns, shall execute to the City of Azusa a good and sufficient bond in the sum of $500.000 conditioned that it 1 0 0 1.39 will faithfully perform and fulfill each, every and all of the terms and conditions of this permit. SUCTION 2. That the attorney for the City of Azusa be, and he is hereby instructed to prepare an agreement to be executed by and between.fhe City of Azusa, as party of the first part, and?.the Contract Water Company ,.as party of the second part, embodying the foregoing terms and conditions, and that this permit shall not become effective until the due execution of said agreement and the bond, herein referred to, by the said Contract Water Company. Section 3.,The City Clerk shall attest to the adoption of this Resolution and the same shall beco4,e effective upon the,execution of said agreement and the bond herein referred to. The foregoing Rpsolution was duly adopted at a regular meeting of the Board of Trustees of the City of Azusa Mold on the 28th, day of Apr}1, 3.913, by the affirmative vote of at least three trustees of said City, to -wit; Ayes; Barnes, Clark, and Roach. Noee; None. Absent; Case and Collins. Signed and approved this 28th, day of April, 1913 I, D. Roach President of the Board of Trustees. ATTEST: (Seal) 0