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HomeMy WebLinkAboutResolution No. 5241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 18 17- 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA GRANTING TO THE AZUSA IRRIGATING CC0'H'ANY, A CORPORATION, A PERMIT FOR THE CONSTRUCTION, OPERATION AND UAINTENANCE OF A PIPE LINE FOR THE TRANSPORTATION OF WATER IN,'UNDER, ACROSS, AND ALONG CERTAIN STREETS IN THE CITY OF AZUSA. The Board of Trustees of,the dity of Azusa do hereby resolve as follows; - Section 1. That the Azusa Irrigating Company, a corpora- tion, is hereby given and granted permission to lay, construct, maintain, operate, repair, renew, change the size of and remove a pipe line for the transportation of water, together with all nec- eseary connectione,'wiers, Gut -outs, turn -outs, and other necessa- ry appliances in connection therewith, In, under, across and along certain streets in the City of Azusa as follows; 'kI Commencing at a point twenty () feet north of the north line of Lots Five (5) and Sia (6) in Block B of Azusa Heights Tract in the City of Azusa, thence in an easterly direction along tLie south side of Eleventh Street, twenty (20) feet northerly from and parallel with the south side of said stregt, under, over and across the intersection of a�t all streets, o the west side v±-M-ga Avenu to a point twenty (2A feet east of said west side of said Avenue, thence south on Pasadena Avenue twenty (2�) feet easterly from and parallel with the west side thereof, over and across all intersect- ing streets to the north side of Tenth Street, there connecting with the distributing system of pipe lines of'the said Azusa Irri- gating Company. Sec. 2. The work of installing the said pipe line along the right of way above described shall be commenced in good faith thin one year and completed within two months from the date of such commencement, 1 2 3 4 5 6 7 8 10 11 12 13 14 15 18 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 Sect 3., Said pipe line shall be constructed of cement, steel, or other materials, and shall have,au internal diameter of approximately twenty-four (24) inches, when installed, and shall be laid not.less than twenty-four'(24) Inches beneath the surface of the ground to the top of said pipe line. Sec9'4. All work done by the Azusa Irrigating Company in making the necessary excavations in the said streets for the con- struction, installation, operation and repair of said pipe line and necessary appliances thereto shall be done in a skillful and work- manlike manner, and in such a manner as not to interfere with the use of the streets by the public, except such temporary lnterferenc, as may be necessarily incident to the proper prosecution of said work, and subject to the inspection and supervision of the Superin- tendent of Streets of the City of Azusa. And all such excavations shall be back filled, moistened and tamped to a level with the our - face of the street and the said street shall be restored ae nearly as possible to'as good condition.as the same was before the laying of such pipe. Any damAge or injury suffered by any person by rea- son of the excavation being improperly guarded during the said work shall be borne by the Azusa Irrigating Company. Seo, 5. If any portion of any of the streets or portions of streets, along or across or under which said pipe line shall be laiQ, shall be damaged by reason of any breaks or leaks of said pipe line made under this permit, or by reason of any other cause arising from the operation or existence of said pipe line under such streets or portion thereof, said Azuea'Irrigating Company shall, at its own cost or expense, immediately repair any such dam- age and restore said street or portion of street to as good conditi as before such leak or other cause of damage occurred. Seo, 6. The City of Azusa reserves the right to establish or change the grade of any street or portion thereof along which said pipe line shall be laid under this permit, but in the event -2- 1 11 that the establishment or change of any such grade shall render 24 2 necessary any change in the position of said pipe line the said " 3 Azusa Irrigating Company shall shift or move the same at its own written 4 cost and expense and to the depth hereinbefore specified, in con - irig'any 5 formity with such change of grade, under the instruction and to the 8 satisfaction of the Superintendent of Streets of the City of Azusa. resolution 7 Sec. 7, The authority and permission to lay said pipe 8 line herein granted shall be subject to the proviso that no water 9 shall be sold by the Azusa Irrigating Company within the present 10 city limits of the City of Azusa for domestic or irrigating pur- ATTSST: 11 poses to any person or.persons, 12 It is hereby expressly stipulated as a condition upon which City Clerk 13 this permit is granted that said Azusa Irrigating Company shall, -3� W�j 14 during the time said pipe line constructed hereunder is in use, .4a d 15 furnish water to said City of Azusa for use in its domestic water d8' 18 system from the water belonging to said Company at any time there 17 is a shortage of water for use by said City on account of temporary G7 m 18 interruption of such supply for any reason. Said city to pay for 19 the same at the rate of two cents per miner's inch per hour and thi 20 agreement to be subject to the prior obligations of said Azusa Ir - 21 rigating Company.to its stockholders and prior rights of said 22 stockholders. And said Azusa Irrigating Company hereby consents 23 that said City of Azusa may install a pipe at the expense of said 24 City, oonnecting•with its water system to obtain such water. 25 " Sec. �. The Azusa Irrigating Company shall file its 28 written acceptance of the terms of this resolution before oommenc- 2 7_ irig'any work thereunder with the City Clerk of said City of Azusa. 28 3eodg. The said Clerk shall certify the passage of this 29 resolution and thereafter the same shall be in full force and effec 30 Adopted this _� day of December, 1917. —� 31 � 32 ATTSST: President of tFe- Board of Trustee of the City of Azusao City Clerk of the City o zusa. -3� 1 STATE OF CALIFORNIA) )98• 2 City of Azusa ) �1 3 I, I , City Clerk of the 4 City of Azusa, do hereby oertify that the foregoing resolution was 5 duly adopted.by'the Board of Triistees of the City of Azusa, State 8 of California, and signed by the President of said Board at a reg - 7 ular meeting thereof,.' held on the / — day of,Deoember, 1917, 8 and the same was passed by the following vote,'towit: nn ^ 9 Ayes: l 10 Noes: 11 ,Absents 12 13 �B 14 " City Clerk of the City of Azusa. a 15 18 o� A 17 18 19 20 21 22 23 24 401 27 28 29 30 31 32 -4-