HomeMy WebLinkAboutOrdinance No. 135ORDINAI4CE NO.,a_4:
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AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE
CITY OF AZUSA GRANTING A RIGHT OF 17AY TO THE
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AZUSA IRRIGATING C'0'I:NY TO LAY A PIPE LINE ON
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A PORTION OF TENTH STREET,IN THE CITY OF AZUSA.
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The Board of ustems of the City of Azusa do ordain as
follows:
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Section I. That the Azusa Irrigating Company a corporation
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is hereby given and granted permission to construct and .lay
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a twelve inch steel pipe line along the north side of Tenth
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Street in said City of Azusa,from a point opposite the well o
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the said Irrigating Company,located on Lot Twenty-three (23)1
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Block Two (2) of the said City of Azusa,to the East line of R
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Pasadena Avenue in said City of Azusa. That the terms and con(_
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itions upon which said right of way shall be granted are as f
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lows;and the grantee of said right of way or its assigns shall
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be required to file a written acceptance of the terms and con
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ditions thereof with the Clerk of the Board of Trustees of the
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City of Azusa,within thirty days after the passage of this Or,-
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finance granting the same.
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The grantee of said right of way,its successors or ac
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-signs
signs shall have the right,subject to such regulations as are
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now or may hereafter boffin force,of making all necessary exca
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vations of said highway for the construction and repair of said
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pipe line.
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That the pipe to be laid and maintained under said right
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of way,shall be standard steel driven casing with riveted joi
nts of good workmanship and of an internal diameter of not less
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than twelve (12).inches,and pipe shall be tested to stand
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�ssaid
a pressure of at least pounds to the square inch,
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and said pipe shall never at any time be subjected to a press
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ure of more than pounds to the square inch. And that
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the City Engineer or anyone authorized fig tbedo by the Board of
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Trustees of said City shall have the right at all times to
pect the pumping machinery that may be used for the purpose
forcing water through said piper�and to measure or acertain
pressure to which said pipe is being subjected at the time
such inspection. And if at any time said pipe shall be subj
ted to a pressure exceeding 7-b pounds to the square inc
the right of way herein granted and all rights thereudder s
be forfeited.
Section 2. That all pipes shall be laid not less than t
feet below.the established grade of the street,and shall be l-
aced within four feet of the curb line;and where it is neces a-
ry to lay said pipe through the border of any macadamized road,
the same shall be restored to its original condition; and in k
the event it is necessary to cross any portion of a macadami ed
road,the same shall be done by a tunnel or bore,so as not to
disturb the foundation of such macadamized streot,and in the ax
event the same cannot be done thus,the said crossing shall b
made under a special permit to be granted by the Board of t
tees upon application therefor,said application to be accom
nied with a drawing,specifications,and explanations,showing
Che necessity for the same. That during the laying of or re
ring of such pipe,any trench or excavation made for such purpo-
ses shall,at night-time,from sunset to sunrise,be barricaded)
and protected by lanterns placed at distances of not more th
I00 feet apart,along such trench or excavation..
That said pipe line constructed or maintained under
provisions of this grant shall be construed and maintained i
accordance and conformity with all Ordinances,rules and regu
tions now in force and that may hereafter be adopted and
cribed by the'Board of Trustees of the City of Azusa.
Section 3. That the work of laying or repairing such pipe
line or other appliance appurtenant thereto shall be conduct
M th the least possible hindrance to the use of said highway
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for the purpose of travel,and as soon as the laying or repair-
ing of any pipe or appliances is completed,all portions of the
highways which have been excavated or otherwise injured thereb ,
ahall be placed in as good condition as the same were before
the laying of such pipe and to the satisfaction of the Board'o
Trustees of said City. That any damage or injury suffered by
any person,by reason of any excavation being improperly guarde
during said work shall be borne by the grantee of said right o
way,its successor or assigns.
Section 4. That said City reserves the right to change
the grade of any highway or portion thereof over which said ri
ght of way shall be granted,and the grantee of said right of wa
its successors or assigns,shall at once change the location of
all pipes and other appliances laid under said grant so as to
conform to such change of grade.That if any portion of said hig
hways shall be damaged by reason of leaks in any pipe laid unde
said grant,the grantee of such right of way,its successors or
assigns,shall at its expense,repair any such damage and put sai
highway in as good.condition as before said leak,to the satis-
faction of the Board of Trustees of said City.
That the grantee of said right of way,its successors or
assigns shall not tap or take any water from said pipe line or
establish any turn-outs,delivery stations,or works of any kind
in connection with the maintaining or operation of said pipe
line,at any place within the City of Azusa without having first
obtained permission from the Board of Trustees of said City so
to do and the right is hereby reserved to said Board of Trustee
to grant or withold such permission in its discretion.
Section 5. That the work of constructing and laying said
pipe line,shall be commenced within not more than four months
from the granting of this right of way,and the same shall be c
plated within not less than one year. That if said work is not
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so commenced,prosecuted and completed within the times and
manner specified,said right of way shall be forfeited.
The said Azusa Irrigating Company its successors or assi
shall not sell,transfer,assign or lease said right of way or
any part thereof,or any of the rights or priviledges granted
thereby,except by a duly executed instrument in writing filed
in the office of the Board of Trustees of said City,and nothi
in said grant contained shall be construed to grant to said
Azusa Irrigating Company or its successors or assigns any rig
to sell,transfer,or assign or lease,said right of wayor ,any
the rights or priviledges thereby granted except in the manne
aforesaid.
Section 6. That any neglect,failure or refusal to comp
with any.of the conditions of said grant shall thereupon
diately ipso facto effect a forfeithure thereof,and the said
City by its Board of Trustees may thereupon declare such gran
forefeited and may exclude said grantee its successors or ass
igns from further use of the highways of said City under sai
grant;and said grantee and its successors or assigns shall
reupon and immediately surrender all rights in and to the
and said grant shall be deemed and shall remain null,void
no effect.
Section 7. The City Clerk shall certify to the pas
of this Ordinance,and cause the same to be published once in
"The Pomotropic",a newspaper published weekly in the said Ci
of Azusa,and thirty days thereafter it shall be in full fort
and effect.
This Ordinance was duly adopted at a regular meeti
of the
eBBoard
p of Trustees of the City of Azusa on the 1'� d
of (21-U Y ,by the affirmative vote of at least th
Trustees of said City,to-wit:
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Ayes :
Noes: --
Absent:
signed and approved this day of
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(Seal)
Attest:
city of Azusa.
City Clerk of the City of Azusa.
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