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HomeMy WebLinkAboutOrdinance No. 232ORDINANCE No. 1 2 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF AZUSA 3 GRANTING A RIGHT OF WAY TO THE AZUSA IRRIGATING COMPANY TO LAY A 4 PIPE LINE ON A PORTION OF ELEVENTH STREET, IN THE CITY OF AZUSA. 5 The Board of Trustees of the City of Azusa do ordain as 6 follows: 7 SECTION 1. That the Azusa Irrigating Company, a corporation 8 is hereby given and granted permission to construct and lay an 9 eighteen inch concrete pipe line along the south side of Eleventh 10 Street in the City of Azusa, from a point opposite the well of sail 11 irrigating Company, located on Lots five (5) and six (6) in Block 12 B of the said City of Azusa., to the east line of McKeever Avenue 13 in said City of Azusa. That the terms and conditions upon which 0 14 said right of way shall be granted are as follows; and the Z Z O j 15 grantee of said right of way or its assigns shall be requiredto mom�m owo: Nuw 16 file a written acceptance of the terms and conditions thereof with p d<uI 'WNao 17 the Clerk of' the Board of Trustees of the City of Azusa, within Z 2 N x =F�' 18 thirty days after the passage of this Ordinance granting the same. r 19 The gracitee of said right of way, its successors or assigns, 20 sh all have the right, subject to such regulations as are now or 21 may hereafter be in farce, of making all necessary excavations of 22 said highway for the construction and re g y pair of said pipe line. 23 That the pipe to be laid and maintained under said right of 24 way shall be reinforced concrete pipe of good workmanship and of 25 an internal diameter of not less than eighteen (18) inches, ani 26 said pipe shall be tested to stand a pressure of at least 25 27 n pounds to the square inch, arxd said pipe shall never at any time 28 be subjected to a pressure of more than 25 pounds to the square 29 inch. And that the City Engineer or anyone authorized so to do 30 by the Board of Trustees of said City shall have the right at all 31 times to inspect the pumping machinery that may be used for the 32 purpose of forcing water through said pipes and to measure or 1. 11 7 8 9 10 11 12 13 14 Z z zo i 15 JQe .o mV'm o 0 W W > 16 V Z W i �dMZ MZ 17 17 R N 0 2 Z N L WW 18 IBJ 19 all 21 22 23 24 25 26 27 28 29 30 31 32 i ascertain the pressure to which said pipe is being subjected at. the time of such inspection. And if at any time said pipe shall be subjected to a pressure exceeding 25 pounds to the square inch the right of way herein granted and all rights thereunder shall be forfeited. Section 2. That all pipes shall be laid not less than two feet below the established grade of the street, and shall be placed within eight feet of the curb line; and where it is nec- essary to lay said pipe through the border of any macadamized road, the same shall be restored to its original condition; and in the event it is necessary to cross any portion of a maosdamized road, the same shall be done by a tunnel or bore, so as not to disturb the foundation of such macadamized street, and in the even the same cannot be done thus, the said crossing shall be made unde: a special permit to be granted by the Board of Trustees upon ap- plication therefor, said application to be accompanied with a drawing, specifications, and explanations, showing the necessity for the same. That during the laying of or repairing of such pipe, any trench or exoavatioh made for such purpose, shall at night-time, from sunset to sunrise, be barricaded and protected by lanterns placed at distances of not more than 100 feet apart, along such trench or exoatation. That said pipe line constraeted or maintained under the provisions of this ordinance shall be in accordance and conformity with all Ordinances, rales and regulations now in force and that may be hereafter adopted and prescribed by the Board of Trustees of the City of Azusa. Section 8. That the work of laying or repairing such pipe line or..other'.agplianee appurtenant thereto shall be conducted *i e least possible hindrance to the use of said highwayfor the rpose of travel, and as soon as the laying or repairing of any or appliances is completed, all portions of the highways 2. i 1 which have been excavated.or otherwise injured thereby, shall be 2 placed in as good condition as the sam3 were before the laying 3 of such pipe and to the satisfaction of the Board of Trustees 4 of said City. That any damage or injury suffered by any person, 5 by reason of any excavation being improperly guarded during said 6 work shall be borne by the grantee of said right of Way, its 7 successor or assigns. 8 Section 4. That said City reserves the right to change 9 the grade of any highway or partion thereof over which said right 10 of way shall be granted, and the grantee of said right of way, 11 its successors or assigns, shall at once change the location 12 of all pipes and other appliances laid under said grant so as to 13 conform to such change of grade. That if any portion of said Z 14 highways shall be damaged by reason of leaks in any pipe laid zoQP15 mom under said grant, the grantee of such rightof way, its successors, mo o�=W 16 or assigns, shall at its expense, repair any such damage and put �a< Zw 17 z=0 said highway in as good condition as before said leak, to the W_ OL 18 dJ satisfaction of the Board of Trustees of said City. 19 That the grantee of said right of way, its successors or 20 assigns shall not tap or take any water from said pipe line or 21 establish any turn-outs, delivery stations, or works of any kind 22 in connection vdth the maintaining or operation of said pipe line, 23 at any place within the City of Azusa without having first ob- 24 tained permission from the Board of 'Trustees of said City so to do 25 and the right is hereby reserved to said Board of Trustees to 26 grant or withhold such permission in its discretion. 27 Section b. That the work of constructing and laying said 28 pipe line shall be commenced within not more than two months from 29 the granting of the right of way, and the same shall be completed 30 within not less than six months. That if said work is not so com- 31 menced, prosecuted and esompleted within the times and manner spec- 32 ified, said right of way shall be forfeited. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Z Z Zoe m 15 -; a .omom 0 0 W w > 16 `l7 Zjz Z is �Zu M�<o 17 ZZ N x W—°a I18 BJ 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r - V . ; The said Azusa Irrigating Company, its successors or assigns shall not sell, transfer, assign or lease said right of way, or any part thereof, or any of the rights or privileges granted hereby, except, by a duly executed instrument in writing filed in the office of the Board of Trustees of said City, and nothing in said grant o ontained shall be eoratrued to grant to said Azusa Irrigating Pompany or its successors or assigns any right to sell, transfer, or assign or lease said right of way or any of the rights or privileges hereby granted except inthe manner aforesaid. Section 6. That any neglect, failure or refusal to comply with any of the conditions of said grant shall thereupon imme- diately ipso facto effect a forfeiturethereof, and the said City by its Board of Trustees, may thereupon declare such grant for- feited and may exclude said grantee, its successors or assigns from further use of the highways of said City under said grant; and said grantee and its successors or assigns shall thereupon and immediately surrender all rights in and to the same and said grant shall be deemed and shall remain null, void and of no effeot. Section 7. The City Clerk shall certify to the passage of this Ordinance, and cause the same to be published once in "The Pomotropic" a newspaper published weekly in the said City of Azusa and thirty days thereafter it shall be in full force and effect. This Ordinance was duly adopted at a regular meeting of the Board of Trustees of the City of Azusa on the % _.day of July, 1924, by the affirmative vote of at least three /Trustees of sad City, to -wit: Ayes: Trustees: Noes: Trustees: Absent: Signed and approved this (Seal) Presid Attest,, 1 the Ci City/Clerk of the City df Azusa. 4. LY, 11924. ant o the Board o ty of sa. C 4 1 tj I ESTATE OF CALIFORNIA, .:COUNTY OF LOS ANGELES, ) SS. CITY OF"AZUSA. ) F` T, J.`0. Durrell, City'Clerk of the City of Azusa, d0 hereby certify that the foregoing Ordinance was duly passed by the Board, at TWreemlar=meeting-thereof held on the 7th day of July-, 1924, and that the same was passed by the following vote: "'AYES: Trustees:; 400n;'--Bleier,,Case; Chenoweth, .Peirce. �NOES: Trustees: None. ABSENT: Trustees: None. 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