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HomeMy WebLinkAboutOrdinance No. 112L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE No.112. AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF ALUSA,GRANT TO'C.S.S. FORNEY AND HIS SUCCESSORS'AND ASSIGNS,THE RIGHT TO CON- STRUCT, INSTITUTE,INSTALL,LAY AND MAINTAIN UNDERGROUND CONDUITS, MAINS AND GAS PIPES FOR THE PURPOSE OF CARRYING,CONDUCTING AND DISTRIBUTING 0011,iERCIAL GAS FOR LIGHT, heat or power IN AND ALONG THE PUBLIC STREETS,ALLEYS AND THOROUGHFARES OF THE CITY OF AZUSA, FOR A TERM OF FIFTY YEARS. THE BOARD OF TRUSTEES OF THE CITY OF AZUSA DO ORDAIN AS FOLL595: SECTION 1: That in consideration of the payment of the sum of one dollar Lawful Money of the United States,to the City of Azusa,. said sum being the amount bid by C.S.S. Forney for such franchise, and said bid being the highest and best bid therefor received up to seven thirty o'clock P.M. of the seventh Day of June,1909, at the office of the City Clerk of the City of Azusa,for such fran- chisel upon publication of a notice under the direction of the Board of Trustees of the said City of Azusa that such franchise would.be sold having been made by the City Clerk of the said City for the term and in the manner provided by Law and in further con- sideration of the execution of a bond to said City of Azusa in the penal sum of one thousand ($1000.00) dollars as required by Law, a franchise and the right and privilege is hereby granted to C.S. S. r'orney and his assigns to construet,institute,instakl, lay and maintain underground conduits,mains and gas pipes for the purpose of carrying, conducting and distributing commercial gas for light, heat or power,in and along the Public Streets,Alleys and Thor- oughfares of the City of Azusa and to maintain and pperate the same for a period of fifty (50) years: PROVIDED,that said underground conduits,mains and gas pipes shall at all times during the life of this franchise be constructed,in stituted,installed,operated and maintained as herein provided,and the right and privilege is hereby granted and shall at all times be exercised and enjoyed in accordance with,and subject to each \. F� L and every of the terms and conditions of this ordinance,and not 2 otherwise. 3 Section 2: The said Grantee his successors and assigns are hereby 4 required to expend within the City of Azusa,and within one year 5 from and after the taking effect of this ordinance not less than 6 the sum of.five thousand 05000.00) dollars,in carrying out the 7 construction of the enterprises contemplated under this ordin- 8 ance,and by the acceptance of this ordinance and the franchise 9 granted hereunder the said Grantee and his Assigns and success - 10 ors agree to the conditions herein imposed. 11 SECTION 3: That said Grantee and his Successors and Assigns, 12 shall so construct and lay all underground eonduits,mains and 13 gas pipes so that the same shall be not less than twelve (12) 14 inches below the surface of the Streets,Alleys and Thoroughfares, 15 and all conduits,Mains and gas pipes shall be laid and kept air 16 and gas tight at all times during the life of this franchise. 17 Section 4: That it shall be lawful for the said Grantee or his 18 Successors or Assigns to make all necessary and needful excavat- 19 ions and openings in any of the Streets,Alleys or Thoroughfares 20 1 of said City in which they may desire to place said Conduits,Pipes 21 and gas mains or connections therewith,for the purposes in this 22 ordinance mentioned; That there may be traps and manholes con - 23 structed along the said pipe line for the purpose of affording 24 access to said pipesline for cleaning and maintainance thereof; 25 Said caps and manholes to be so capped and covered as to be flush 26 with the Street,Alley or thoroughfare and not to interfere with 27 the use of said Street in any way for travel and traffic. 28 Said Grantee or his assigns shall submit plans and specificat- 29 ions for the construction and laying of said pipe lines,conduits, 30 mains,manholes and traps to the said hoard of Trustees,which 31 said plans and specifications shall be approved by said Board of 32 Trustees before work in connection therewith is commenced. 2. L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r All work in this franchise mentioned that shall be performed upon the Public Streets,Alleyt or thoroughfares of said City in excavating for, replacing,renewing and repairing the said conduits, mains,gas pipes,traps and manholes shall be iri strict compliance with the rules and ordinances which have been or may be adopted by the Board of Trustees of said City,and under the instruction of and to the satisfaction of the Superintendent of Streets of the City of Azusa. Where work is done under this franchise, said Grantee or his Successors or As9igns,shall as soon as practical in the Judgment of said Superintendent of Streets,restore the Streets,Alleys or thoroughfares that have been disturbed, -to the same good order and condition in which they were prior to the commencement of such work,and the surface thereof shall be securely supported so as not to impair the use or enjoyment by the Public of such Street, Alley or thoroughfare. PROVIDED,further, that upon the grading,re-grading, or other improvement of said Street, alley or thoroughfare said underground conduits,mains,gas pipes,manholes and traps shall be taken up if necessary and relaid at the expense of the said Grantee or his Successors or Assigns,so as to conform to the conditions imposed in section three of this franchise. And in case said Grantee or his Successors or Assigns shall fail to comply with the provisions of this section,or with the instructions of the Superintendent of Streets for ten (10) days after service of written notice thereof upon said Grantee or his Successors or Assigns or upon the Manager or Agent of said Grantee or his Successors or Assigns in the City of Azusa or at the Principal place of business of said Grantee or his Assigns,then he the said Official may enter upon the Streets,Alleys or Thoroughfares and do the work as ordered by the Board of Trustees. Said Official to keep an itemized Account of the cost of said work,which the said Grantee or his Successors 3. L 2 3 4 5 L." 7 K 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 or Assigns,by the acceptance of the rights and privileges hereby granted,akree to pay immediately upon presentation to said Grantee his Successors or Assigns or to such Manager or agent stationed at Azusa or at the Principal place of business of said Grantee or his Successors or Assigns. SECTION 5: That said Grantee or his Successors or Assigns shall construct all necessary flumes and culverts for the free passage of water over and under the pipes,mains,conduits,manholes and trap of said Grantee or his Successors or Astigns,and that all such flumes and culverts s7gall be constructed in accordance with plans and specifications approved by the Board of Trustees of said City SECTION 6: The City of Azusa expressly reserves the right to pave,re-pave,macadamize,re-macadamize,sewer,re-sewer,plank or re- plank,gutter or re-gutter,repair improve or alter any of the Streets,Alleys or thoroughfares of the said City and to lay gas, water pipes or other mains and pipes therein,such perk to be done so as to injure the said Grantee'o or his Assigns's underground conduits,gas pipes,mains,manholes and traps as little as possible SECTION 7: That said Grantee or his Assigns or Successors shall pay to the City of Azusa,during the life of this franchise,all licenses that are now or may hereafter be required by said City for privileges herein mentioned. SECTION S: That said Grantee or his Successors or Assigns,shall during the life of this franchise pay to the City of Azusa,in Law- ful Money of the United States,two per cent of the gross Annual receipts of such Grantee or his Assigns arising from the use,oper- ation and possession of this franchise. No percentage shall be pais for the first five (5) years succeeding the date of this franchise, but thereafter such percentage shall be paid Annually,and said franchise is to be forfeited by a failure to make payments as provided for. It shall be the duty of the Grantee or his Assigns to file with the City Clerk of the City of Azusa,at the expiration 4. L 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of six(6)years from the date of granting of this franchise and at the expiration of each and every year thereafter,a statement veri- fied by the oath of said Grantee or his Assigns,or by the oath of the Lianager,Secretary or presiding Officer of the said Grantee or his Asligns,showing the total gross receipts and gross earjhtngs collected and received by the said Grantee or his Assigns during the preceding twelve (12) Months from all sales of gas to all con- sumers thereof within said City; And within ten(10) days after the time for filing of the aforesaid statement,it shall be the duty of the said Grantee or his Assigns,to pay to the City Treas- urer of the City of Azusa,the aggregate sum of said percentage upon the amount of the grosssannual receipts arising from the use, operation and possession of this franchise determined and computed in the manner hereinbefore provided. Any neglect,ommission or refusal by the said Grantee or his Assign to file said verffied statement or to pay said percentage of said gross Annual receipts at the time or in the manner hereinbefore provided,shall IPSO FACTO work a forfeiture of the franchise hero- in granted and of all rights thereunder,to the City of Azusa. SECTION 9: That the work of constructing said gas plant or system shall be commenced in good faith within not more than four Months from the date of the granting of this franchise,and shall be con- tinuously prosecuted thereafter in good faith and without unnec- essary delay or unavoidable intermission; And the said work of construction shall be completed within not more than three (3) years thereafter,and that if said work is not so commenced,prosec uted or completed,within the time or in the manner specified this franchise shall be forfeited. Should the Grantee or his Hstigns for sixty (60) days during the life of this franchise fail,neglect or refuse to supply constant and adequate gas service -for light, heat or fuel or power said franchise shall be forfeited. 5. L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 SECTION 10: That said Grantee his successors or Assigns shall not sell,transfer 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 construed to grant to said Grantee or his Successors or Assigns any right to sell,transfer or astign this franchise or any of the rights or privileges hereby granted except in the manner aforesaid SEOTION11: That said Grantee of this franchise or his Assigns shall within five 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 good and sufficient sureties to be approved by said Board of Trustees,in the penal sum of one thousand (`1000. dollars,conditioned that said Grantee or his Assigns shall well and truly observe fulfill and perform each and every term and condition of said franchise,and that in case of any breach of condition of said bond,the whole amount of the penal sum therein named,shall be taken and deemed to be liquidated damages,and shal be recoUerable 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 a: SECTION 12: That any neglect,failure or refusal of the Grantee his Assigns to comply with any of the conditions of this franchise shall thereupon immediately IPSO FACTO effect a forfeiture thereof and the said City .by its Board of Trustees may thereupon declare said franchise forfeited,and may exclude said Grantee or his Assig from the further use of the Streets,Alleys or Thoroughfares of sal City under this franchise,and said Grantee and his Assigns,shall therupon and immediately,surrender all rights in and to the same, and this franchise shall be deemed and shall remain null,void and of no effect and the title to the said conduits,gas pipes and mains laid in said Streets,Hlleys and thoroughfares shall there— upon and thereafter be and remain in the said City of Azusa. 6. L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 23 29 30 31 32 SECTION 13: The City Clerk shall certify to the passage and adoption of this ordinance by. a vote of two-thirds of all the mem- bers of the Board of Trustees of the City of Azusa,and shall cause the same to be published once in the POMOTROPIB, a weekly Newspape of general circulation Published and circulated in the Citv of Azusa,and thereupon and thereafter it shall take effect and be in full force. Adopted this 14th.Day of June,1909. President of the Board of Trustees Attest: of the City of Azusa. __-Z_Z_��-------- City Clerk of the City of Azusa. Deputy City Clerk. I hereby certify that the whole number of members of the Board of Trustees of the City of Azusa is five,and that on the 7th. Day of June,1909 at a regular meeting of said Beard,a gourum being presen' the foregoing ordinance was introduced and read,and that more than five days thereafteir,to-wit: At a regular meeting of said Board of Trustees held on the 14th. Day of June,1909,the same 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: Trustees, �pZcr��j �rL'11 O ff j Noes: Trustees, Absent: Trustees, 7. L 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Dated at Azusa,California,this 14th.Day of June,1909. (seal) �---------------- City Clerk of the City of Azusa. By--Y_�SCL-- --- ------------------ Deputy City Clerk of the City of Azusa.