HomeMy WebLinkAboutResolution No. 64590 0
RESOLUTION NO, 6459
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA DECLARING ITS INTENTION TO
GRANT A FRANCHISE TO AZUSA LAND RECLAMA-
TION CO., INC. A CORPORATION, FOR AN INDEFI-
NATE TERM TO LAY, CONSTRUCT, MAINTAIN AND
OPERATE A PIPELINE SYSTEM CONSISTING OF
LINES OF PIPE FOR THE PURPOSE OF TRANSPORT-
ING METHANE GAS ALONG CERTAIN PORTIONS OF
CERTAIN PUBLIC STREETS WITHIN SAID CITY,
WHEREAS, Azusa Land Reclamation Co., Inc,, a corpora-
tion, has heretofore by written application dated July 21, 1976, petitioned
and applied to the City Council of the City of Azusa, to offer for sale and
to sell in the manner provided by law, the franchise hereinafter referred
to; and
WHEREAS, the City Council has approved said application
and determined that said franchise be awarded said applicant in accord-
ance with said application and the terms and conditions of this resolution;
and
WHEREAS, the applicant shall deposit with the City Treasurer
the sum of $1, 000. 00 to cover the administrative expenses of the City
incurred in connection with this franchise and the additional sum of
$1, 000. 00 to cover the inconvenience to the City for disruption of streets,
,and the further sum of $500. 00 to cover the expenses of publications
incurred in connection with the granting of this franchise. If said deposit
of $500. 00 should not be sufficient to cover the expenses of publication,
grantee agrees to pay the balance of the publication costs within thirty
days after the City furnishes grantee with a written statement of the
expenses. Should the expenses of publication be less than the $500. 00
deposited for publication expenses, the City agrees to refund to the
applicant the difference between the publication costs and $500. 00.
NOW, THEREFORE, the City Council of the City of Azusa
does resolve, declare and determine as follows:
FIRST: That the said petition and application of the applicant
dated July 21, 1976, hereinabove referred to, be and the same is hereby
ordered placed on file in the office of the City Clerk of said City and open
to public inspection for the purposes of identification and reference.
SECOND: That it is proposed to grant said franchise, and
that the character of said franchise so proposed to be granted and the
terms, provisions, conditions and restrictions thereof are all as indicated,
set forth and described in the following form of "NOTICE OF SALE OF
FRANCHISE TO LAY LINES OF PIPE FOR THE TRANSPORTATION OF
METHANE GAS", to wit:
"NOTICE OF SALE OF FRANCHISE TO LAY LINES
OF PIPE FOR THE TRANSPORTATION OF METHANE
GAS.
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"TO WHOM IT MAY CONCERN:
"Notice is hereby given that an application has been made
to the City Council of the City of Azusa, for a franchise granting the
right to lay and construct, and for an indefinite period of time to
maintain and operate, a..pipeline system for the purpose of transport-
ing methane gas along those certain portions of the streets of the City
of Azusa hereinafter described; and that it is proposed by the said'
City Council of the City of Azusa to sell to Azusa Land Reclamation
Co. , Inc. , a corporation, a franchise upon the terms and conditions
hereinafter contained. The franchise is described as follows, to wit:
"A franchise to lay, construct, and for an indefinite
period, and as hereinafter provided, to operate, maintain, renew,
remove and/or abandon in place a pipeline system for the purpose of
transporting methane gas together with all manholes, valves, service
connections and appurtenances necessary and convenient to properly
maintain and operate said pipeline,. in, under, along and across those
certain streets of the City of Azusa hereinafter described on the
attached Exhibit "A:.
"That the terms and conditions upon which said franchise
will be offered for sale are the following:
"That the term of said franchise shall be for an indefinite
period.
"That franchise is granted and shall be held and enjoyed only
upon the terms and conditions herein contained, and that the grantee must,
within thirty (30) days after the passage of this franchise, file with the
clerk of the City Council a written acceptance of the terms and conditions
herein expressed. The word "Grantee" whenever used herein shall be
held to include the grantee or grantees, his, her, its, or their, succes-
sors or assigns.
"The grantee of said franchise shall in good faith commence
the work of constructing said pipeline system within not more than one
(1) year from the date of granting this franchise, and said work shall be
prosecuted diligently thereafter and in good faith, and if not so com-
menced within said time said franchise so granted shall be declared
forfeited.
"That the grantee shall have the right to construct and main-
tain such traps, manholes, valves, appliances and attachments as may
be necessary and convenient to properly maintain and operate the pipe-
line laid and constructed under said franchise, and said traps, manholes,
appliances, and attachments, shall at all times be kept flush with the
surface of the street and so located as to conform to any order of the
City Council in regard thereto, and not to interfere with the use of the
street for travel. The grantee shall have the right, subject to such
regulations as are now, or may hereafter be, in force, to make all
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"necessary excavations in said street for the construction and repair
of said pipeline, traps, manholes, appliances, and attachments.
'?f the said pipe shall be laid along any paved street in the
City of Azusa, it shall be placed as close as reasonably possible to the
edge of the pavement�so as not to unreasonably disturb the paved surface.
In the event it is necessary to break pavement to lay said pipe, grantee
shall apply for, and City shall, upon payment of the required fee, grant
a permit, which permit shall specify the manner in which the pipe or
conduit shall be laid; and the repair of the street, after the pipe has been
laid, shall be made promptly by the grantee, at the expense of the grantee
and to the satisfaction and approval of the Director of Public Works, and
in the event of its failure so to do, this franchise shall thereupon be sub-
Ject to forfeiture.
"All pipe, pipeline, traps, manholes, attachments, and
appliances constructed or maintained under the provisions of said fran-
chise shall be constructed and maintained in accordance with, and in
conformity with, all the ordinances, rules, and regulations now or
hereafter adopted or prescribed by the City Council of the City of Azusa;
provided, however, that all pipe and pipeline laid under said franchise
shall be first class material and subject to the approval of said Director
of Public Works.
"All excavations for laying, moving or repairing, said pipe-
line and appurtenances shall be done in such manner as not to interfere
with the free use of the streets by the public, except such temporary
interference as may be reasonably necessary or incident to the proper
prosecution of said work. That all excavation shall be made and refilled
in strict compliance with the ordinances, resolutions and orders of the
City of Azusa, that may be in force at the time of the performance of
such work, That the grantee of said franchise shall make such deposits
of money with the City Treasurer or such other officer of said City as
may be designated by such ordinances, resolutions, orders, or otherwise
by law, and as may be from time to time required from persons making
excavations in the streets of said City, for the purpose of insuring the
restoration of all streets to a good and perfect condition along such exca-
vations. That before the work of laying said pipe is commenced, the
grantee of said franchise or assigns, shall file with the City Engineer
of said City complete plans showing the location of said pipeline in the
streets and the location of all manholes, traps, and other appliances,
and attachments, as may be necessary for the purpose of safely and
efficiently operating and maintaining said pipeline. That the granting of
such franchise shall not be construed to relieve said grantee from the
provisions of any order, ordinance,. or law, that may be in force at the
time requiring applications to be made and obtained for excavations in
streets before such work can be done. That the location of said pipeline
in streets or portions of streets shall be subject to the approval of the
Director of Public Works of said City,, who shall have the power to give
such directions for the location of said pipes as may be necessary to
avoid sewers, water pipes, and other conduits, or structures, in or
under said streets,or portions of streets, within the boundary of the
City, where said pipeline is to be laid.
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"That the work -of laying down and constructing said pipeline
shall be done to the satisfaction of the Director of Public Works, and
subject to his inspection and shall be equipped with gate valves and other
protective devices as may be required from time to time.
"That as soon as the laying or repairing of any pipe or appli-
ance is completed, all portions of the streets which have been excavated
or otherwise injured thereby shall be placed in as good condition as the
same was before the laying of such pipe, and to the satisfaction of the
Director of Public Works. That any damage or injury suffered by any
person or property by reason of any negligence on the part of grantee,
its agents, servants and employees, or which results from any excava-
tion being improperly guarded during such work shall be borne by the
grantee of said franchise, and grantee shall indemnify and save the City,
its officers, servants, agents and employees, harmless therefrom,
"That the City of Azusa reserves the right to change the
grade of any street over that portion of the City of Azusa over which
said franchise is granted, or to locate or relocate municipal water
pipes, powerlines, sewer lines or other municipal subsurface installa-
tions, and that grantee shall, within 30 days after demand by City, start
to change the location of all pipes, conduits, traps, manholes, appliances
and attachments laid, constructed or erected hereunder, so as to conform
to such change of grade, or such location or relocation of subsurface
installations, and proceed diligently to complete such relocation, all at
the grantee's own expense, and in case the grantee shall fail to comply
with the instructions given therefor, the City of Azusa may cause the
work required to be done and shall keep an itemized account of the cost
thereof, which the said grantee by the acceptance of said franchise shall
agree to pay immediately upon its being presented to said grantee.
"That if any street or portion thereof along, across, or
under which said pipeline or appurtenances shall be laid shall be damaged
by reason of any leak or leaks, or by reason of any other cause arising
from the operation or extension of such pilieline under such street or
portion thereof, then grantee shall at his or its own cost and expense
immediately repair any and all such damage and restore said street or
portion thereof to as good condition as before such leak or cause of dam-
age occurred, such work to be done under the direction of the Director
of Public Works, and to his satisfaction.
"The grantee shall not commence the construction of any pipe-
lines or appurtenances under the provisions of this franchise until it shall
first have obtained permit from the Director of Public Works so to do.
Such permit shall be granted upon application of the grantee, which appli-
cation shall show the street upon which it is proposed to construct or lay
the pipe, the length of the pipe proposed to be constructed or laid on the
street, the size and description of the pipe intended to be used, and such
other facts as the Director of Public Works may require. Each applica-
tion for a permit filed hereunder shall be accompanied by the permit fee
for the laying of such pipeline.
CO
"The grantee of this franchise shall have the right during
the period for which this franchise is granted to transport methane gas
through said pipeline.
"The provisions of this franchise and all rights, obligations
and duties thereunder shall inure to and be binding upon the grantee, his,
its, or their successors, or assigns.
"That said grantee shall during the life of this franchise, pay
to the City of Azusa, in lawful money of the United States, an annual
franchise fee in an amount equal to two percent of the gross annual sales
of gas delivered via the pipeline within the City limits of the City of Azusa,
and one and one-half percent of the gross annual sales of gas delivered
outside of the City limits of the City of Azusa.
"This franchise shall be forfeited upon any failure, refusal
or neglect of said grantee to make any such payments. Said annual payment
shall be accompanied by a statement, verified by the oath of a duly authorized
representative of the grantee showing the gross receipts of the grantee for the
preceding calendar year arising from the sale of gas delivered via the pipeline.
"Any neglect, failure, or refusal, by said grantee to file
said verified statement, or to pay the franchise fee herein reserved shall
thereupon immediately ipso facto effect a forfeiture hereof, and the City,
by its City Council, may thereupon declare said franchise forfeited, and
may exclude the grantee from any further use of the public streets included
in said franchise, and said grantee shall thereupon 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.
"The grantee shall not sell, transfer or assign this franchise
or the rights or privileges granted thereby without the consent of the City
Council, nor shall the franchise or the rights or privileges be sold, transferred
or assigned, except by a duly executed instrument in writing filed .in the office
of the City Clerk of the City of Azusa, and nothing in the franchise contained
shall be construed to grant to said grantee any right to sell, transfer or assign
the franchise or any of the rights or privileges granted except in the manner
aforesaid.
"The grantee shall, by acceptance of this franchise, agree to
complete the initial installation of a pipeline within the time specified in the
Permit to Excavate and shall pay liquidated damages in the sum of Two Hundred
Dollars ($200.00) per day for each day construction extends beyond the time
specified .in the Permit to Excavate.
"The grantee shall be privileged to open the street for line
testing, without penalty,.ontwo days each year.
"The grantee shall be permitted to open the street to repair
his lines, provided he first obtains a permit from the Director of Public Works
and pay the customary charges and sets forth an agreed upon reasonable
number of days within which said work is to be completed. In the event said
work is not completed within the agreed upon number of days, the grantee shall
pay Two Hundred Dollars ($200.00) per day as liquidated damages for each day
that the stree is open beyond the period of time expressed in the permit.
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"NOTICE IS HEREBY GIVEN that a public hearing will be
held by the City Council of the City of Azusa, concerning the granting
of said franchise and all persons having any objections to the granting
thereof may appear before the City Council and be heard thereon. Said
public hearing will be held by the City Council of the City of Azusa, at
the hour of 7:30 P. M. on Monday the 4th day of Oct., 1976, in the
Council Chamber of the City Hall of said City, located at 213 E. Foothill Blvd. ,
in the City of Azusa, County of Los Angeles, State of California.
"NOTICE IS HEREBY FURTHER GIVEN, that the grantee
of said franchise must, within thirty (,30)days after the award of said
franchise, file with the City Clerk of said City of Azusa a bond running
to the said City of Azusa and at all times thereafter maintain in full
force and effect, an acceptable corporate surety bond, in the amount
of Twenty Thousand Dollars, effective for the entire term of the fran-
chise, and conditioned that in the event the grantee shall fail to comply
with any one or more of the provisions of the franchise, then there shall
be recoverable jointly and severally from the principal and surety of
such bond, any damages suffered by the City as a result thereof, includ-
ing the full amount of any compensation, indemnification, or cost of
removal or abandonment of property, up to the full amount of the bond;
said condition to be a continuing obligation for the duration of the fran-
chise and thereafter until the grantee has liquidated all of its obligations
with the City that may have arisen from the acceptance of this franchise
by the grantee or from its exercise of any privilege herein granted.
"Neither the provisions of this paragraph, any bond accepted
by the City pursuant thereto, nor any damages recovered by the City
thereunder shall be construed to excuse faithful performance by the
grantee or to limit the liability of the grantee under the franchise or
for damages, either to the full amount of the bond or otherwise.
"By the order of the City Council of the City of Azusa,
County of Los Angeles, State of California, dated this 7th day of
Sept., 1976,
City Clerk o" he City of Azusa,
California
THIRD: That the City Clerk of said City is hereby authorized
and instructed to advertise the fact of said application, together with a
statement that it is proposed to grant the same. Said advertisement or
notice shall be in the form of "NOTICE OF SALE OF FRANCHISE TO LAY
LINES OF PIPE FOR THE TRANSPORTATION OF METHANE GAS" herin-
above set forth in section "SECOND" of this resolution. Said City Clerk
shall cause said notice of advertisement to be published once, not later
than fifteen (15) days after the adoption of this resolution, in the Azusa
Herald, a newspaper of general circulation published and circulated
within said City of Azusa and which said newspaper is hereby designated
for that purpose.
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FOURTH: That the City Clerk shall certify to the passage
and adoption of this resolution.
FIFTH: That this resolution shall remain inoperative unless
Azusa Land Reclamation Co. , Inc, makes the deposits of $1, 000. 00,
$1, 000. 00 and $500. 00 on or before October 4, 1976 at 5:00 P.M.
The deposit of $1, 500. 00 shall be refundable if the franchise is notgranted.
SIXTH: That this resolution shall take effect immediately.
Adopted and approved this 7th day of September, 1976,
i
i
J /Mayor
I hereby certify that the foregoing resolution was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof held
on the 7th day of September 1976, by the following vote of the
Council:
AYES: Councilmen: Solem, Arkison, Decker and Fry
NOES: Councilmen: None
ABSENT: Councilmen: Cruz
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Deputy C'ty Clerk
EXHIBIT "A"
The streets in which the pipeline system of Azusa Land Reclamation Co. ,
Inc. may be laid pursuant to this franchise are as follows:
1. Paramount Street, from eastern extremity to Motor
Avenue; Motor Avenue, from First Street to McKinley
Street;
2. Coney Avenue, from southern extremity to Fifth Street;
Fifth Street, from Coney Avenue to Virginia Avenue;
Virginia Avenue, from Fifth Streetio Foothill Boulevard;
Foothill Boulevard, from Virginia Avenue to Georgia Avenue;
Georgia Avenue, from Foothill Boulevard to Eighth Street;
Eighth Street, from Georgia Place to Vernon Avenue;
Vernon Avenue, from Eighth Street to Crescent Drive.
The streets in which pipe may be laid pursuant to this franchise may be
changed upon the request in writing of the holder of the franchise and the
consent of the City Council of the City of Azusa expressed by resolution.
Any pipeline installed pursuant to any such change shall be subject to
each and all of the terms and conditions of this franchise.
PROOF OF PUBLICATION This space is for thRi.W,0lblerk'sFiling Stamp
(2015.5 C.C.P.) CITY CLERK'S OFFICE
1476 SEP 7.3 AN 9' 32
AZUSA CALIF.
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to Proof of Publication of
or interested in the above -entitled matter. I
am the principal clerk of the printer of the -MOTICT OF. SALF,.BF..FRARCN.ISE.T.O.LAY. LINES OF
PIPE FOR THE TRANSPORTATION OF METHANE GAS.
AZUSA HERALD & POMOTROPIC
.................................................... .... "NOTICE OF SALE excavations in said sueet far
OF FRANCHISE TO the conson and repair
....................................................
LAY LINES OF PIPE of said ipeline. traps,
a newspaper of general circulation, printed FOR THE manholes,, appliances„ and
TRANSPORTATION attachnletits.
WEEKLY OF.METHANE GAS." "H the said pipe shall be
and published .................................. "TOWHOMIT laid along any paved street in
MAY CONCERN: the City of Azusa, it shall be
AZUSA "Notice is hereby, given. Placed asd reasonably
in the City of .................................. that amapplication has been Possible to the,fte of the
County of Los Angeles, and which made to the Ciy Counefl of pavementso not to
newspaper has been adjudged a newspaper the City of Azusa, for a unreasonably. rb the
of general circulation b the Superior Court franchise granting the right Paved and event it
9 Y P to lay and construct, and for, is necessary t break -
of the County of Los Angeles, State of an indefinite period -6f time pavement to lay saN pipe
to maintain and operate, a abaA apply fpr, and.
California, under the date of,..4�20 19 34 pipeline , system for the ty eealf, upon paytil of
purpose of transporting' the required fee,
371-514 methane gas along those Permit; which perA hall
Case Number ................: that the notice, certain portions of the Y'themanner' ich
streets of the.City of Azusa a plpe.or conduit s be
of which the annexed is a printed copy (set hereinafter. described; and laid; and the repair' -p the
in type not smaller than nonpareil), has that it is proposed by the said sfree0affer the pipe has'
been published in each regular and entire City Council of the City of been3l sha0• be made
Azusa to sell to Azusa f6d P y the grantee, at
issue of said newspaper and not in any Reclamation Co., Inc„' a the :' of the grantee
supplement thereof on the following dates, corporation, a franchise upon and fll?thi satisfaction and
to -wit: the terms and conditions aP of the Director' of
hereinafter contained. The Pu llc orks, and in the
..............91.23 ................................ franchise is described ae evemo ita-fatlure so to do
76 follower, t? wit: -. thig tfkanchise . shalt
all in the year 19...... "A franft K.to Is -;,con- thereupon be subject to
strict, and for an indefinite forfeiture.
I certify (or declare) under penalty of PeriodAand as.'hereinafter "All
Pipe, pipeline, traps,
perjury that the foregoing is true and provided,` to operate, manholes, attachments, and
correct.
maintain, rener, rgmove appliances constructed or
and/or abal d In. place a maintained under the
AZUSA Pipeline `?systegi:: for theprovisions of said franchise
Dated at......................................... purpose .ok 'transporting shall be constructed and
methane gas together with maintained in accordance
Calif or ia'this ,,,23rd.day .Sept. 1976.., alimanhoies,valves, service with, and in conformity with,
connections and ap- all the ordinances, rules, and
Purtenances necessary and regulations now or hereafter
�..... . ........ convenient to properly' adopted or prescribed by the
Signature maintain and operate said City Council of the City of,'
pipeline, in, under, along and Azusa; provided, however,
Free copies of this blank form maybe secured from: across those certain streets that all pipe and pipeline lei
of the .City of Azusa under said franchise shall
CALIFORNIA NEWSPAPER SERVICE hereinafter described on the* first class material an
BUREAU, INC. attached Exhibit "A: subject to the approval o
Legal Advertising Clearing House "That the terms and said Director of Publi
. conditions upon which said Works.
21O South Spring St., Los Angeles, Calif. 90012 franchise will be offered for
Telephone: 625-2141 sale are the following:
Please repuestGENERAL Proof of Publication "That the term of said
when ordering this form. franchise shall be for an
indefinite period.
"All excavations fort
laying, moving or repairing,
said pipeline and ap-
purtenances shall be done in
n -
such manner as not to in-
_
...
"That franchise is gran
ere with free use
and shall be held and enjoyed
the streets by the pubhcf
only upon the terms and
conditions herein contained,
except such temporary in -
terference as may be
and that the grantee must,.
reasonably necessary or
aftex
of fr
incident theer
toys
t addpwork.
franchise, -
the passage this c
prosecution
That all excavation shall be
file with the clerk of the City'
Council a written acceptance
made and refilled in .strict
of the terms and conditions
compliance with the or -
and
herein expressed. The word
"Grantee"
dinances, resolutions
orders of the City of Azusa,
whenever used
herein shall be held to in-
that may be in force at the
time of the performance of
elude the grantee or gran-
his, her, its, or their,
such work. That the grantee
tees,
of said franchise shall make
successors or assigns..
"The grantee of said
such deposits of money with
franchise shall in good faith
the City Treasurer or such.
commence the work of
other officer of said City as
may be designated by such
constructing said pipeline
system within not more than
ordinances, resolutions,
law,
one (1) year from the date of
orders, or otherwise by
may be from time to
granting this franchise, and
work shall be
and as
time required from personsl
said
prosecuted. diligently
thereafter and in good faith,
making excavations in the
streets of said City, for the
and if. not so commenced
purpose of. insuring the
ofstreetst
within said time said Iran-
shall be
restoration d,fall
'good condition
chise so granted
declared forfeited.
along such excavations. That
"That the grantee shall
have the right to construct
before the%work of laying
said pipe is commenced, the
and maintain such traps,
grantee of said franchise or
file with the
manholes valves, appliances
attachments as may be
assigns, shall
City.Engineer of said City
and
necessary and convenient to
complete Flaps showing the
said pipeline in
properly maintain and
operate the pipeline laid and
location of
the streets and the location of
constructed under said
franchise, and said traps,
all manholes, traps, and
other appliances, and at -
manholes, appliances, and
tachmentfurthe as may e
necessary purpose
attachments, shall at all
times be kept flush with the
safely and,efficiently
surface of the street and so
operating and maintaining
That the
located as to conform to any
of.the City Council in
said pipeline.
granting of such franchise
order
regard thereto, and not to
interfere with the use of the
shall not be construed to
relieve said grantee from the
street for travel. The grantee
have the right, subject
provisions ,of any order,
ordinance, or law, that may
shall
to such regulations as are
or may hereafter be, m
be in force at, the bastions toime
p icati be
now, mdueMand obtained for
force, to mike all "necessary
' o
excavations in streets before
occurred, such work to be
to grant to said grantee any
accepted by the City pur-
such work can be done. That
done under the direction of
right to sell, transfer or
suant thereto, nor any
the location'of said pipeline
the Director, of Public
assign the franchise or any of
damages recovered by the
in streets or portions of
works; and to his satisfac-
the rights or privileges
City thereunder shall be
streets shall besubject tothe
tion,
granted except in the
construed to excuse faithful'
approval of the Director of
"The grantee shall not
manner aforesaid: .
performance by the grantee
Public Works of said City,
commence the. construction
"The grantee shall, by
or to limit the liability of the
who shall have the power to
of any pipeline or ap-
acceptance of this franchise, -grantee
under the franchise
give such directions for the
purtenances under the
agree to complete the initial
or for damages, either to the
location of said pipes as may
provisions of this franchise
installation of a pipeline
full amount of the bond or
be necessary to avoid
until it. shall first have ob-
within the time specified in
otherwise.
sewers, water pipes, and
tained permit from the
the Permit to Excavate and
"By the order of the City
otherconduits, or structures,
Director of Public Works so
shall pay liquidated damages
Council of the City of Azusa,
in or under said streets, or.
to do. Such permit shall be
in the sum of Two Hundred
County of Los Angeles, State
portions of streets, within the
granted upon application of.
Dollars ($200.00) per day for
of California, dated this 7th
boundary of the'City, where
the grantee, which ap-
each day construction
day of September 1976."
said pipeline is to be laid.
plication shall show the
extends beyond the time
s/s ADOLPH A. kms
"That the work of laying
street upon which it is
proposed to construct or lay
specified in the Permit to
Excavate.
City Clerk of the
Cit of Azusa
City
down and constructing said
shall be done to the
the pipe, the length of the
"The grantee shall be
pipeline
satisfaction of the Director of
pipe proposed to be con-
sf;ucted or laid an the street,
privileged too the street
for ]fns testing, without
Publish:
In The .Azusa
Public Works, and subject to
the size and description of
penalty, on two days each
Herald
September 23, 1976.
his inspection and shall be
the pipe intended to be used,
year.
AH -130-76
equipped with gate valves
and such other -facts as the
"The grantee shall be
-'
and other protective devices'
Director .of Public Works
permitted to'open the street
as may be required from
may require. Each ap-
to repair his lines, provided'
time to time,
plication for a permit filed
he first obtains a permit
That as soon as the laying
hereunder shall be ac-
from the Director of Public
or repairing of any in or
companied by the permit fee
Works and pay the
appliance is completed, all
for the laying of such
customary charges and sets
portions of the streets which
pipeline.
forth an agreed upon
have been excavated or
"The grantee of this
reasonable number of days
Otherwise injured thereby
franchise shall have the right
within which said work is to
phall be placed in as good
during the period for which
be completed. In the event
e.ondition as the same was
this franchise is granted to
said work is not completed
tefore the laying of such
transport methane gas
within the agreed upon'
lope, and to the satisfaction
through said pipeline.
number of days, the grantee
Cf the Director of Public
"Tye provisions of this
shall pay Two Hundred
Works. That any damage or
franchise and all rights,
Dollars (#200.00) per day as
injury suffered by any
obligations and duties
liquidated damages for each
person or property by reason
thereunder shall inure to and
,
day that the street is open
of any negligence on the part
be binding upon the grantee,
beyond the period of time
d grantee,. its .agents, ser-
his, its, or their successors,
expressed in the permit.
vents and employees, or
which results from any
or assigns.
"That said grantee shall
-'NOTICE IS HEREBY
efcavation being improperly
during the life of this fran-
GIVEN that a public hearing
will he held by the City
guarded during such work
be home by the grantee
chise, - pay to the City of
Azo in lawful
Council of the City of Azusa,
spat)
of said franchise, and
money of the
United States, annual
concerning the granting of
gfantee shall indemnify Mid,
.an
franchise fee in an amount
said franchise and all per-
sons having any objections to
save the City, its officers,
equal. to two percent of the
the granting thereof may
servants, agents and em-
p l o y e e s , -harmless
gross annual sales of gas
delivered via the
appear before . the City
therefrom.
pipeline
within the (Sty Limits of the
Council and be heard
thereon Said pontic hearing
That the City of Azusa
(Sty of Azusa, and one and.
will be held by the City
reserves the right to change
tine grade of 'any street over
one-half percent of the gross
Council of the City of Azusa,
portion_of_ be
annual sales of gas delivered
at the, hour of 7:30 p.m. on
,ghat
Azusa over which said
of _
the Ci of Azusa.
ty,
�be
_M the 4th day of Oct:
1976, in the Council Cham- .
franchise le granted, or to
"This' franchise shall
hers of the City Hall of said
locate or relocate municipal
forfeited upon any failure,
City, located at 213 E.
water pes, powerlines,
refusal' or neglect of said
Foothill Blvd., in the City of
sewer 1 nes or other
grantee to make any such
Azusa, County , of Los
municipal subsurface..in-
payments. Said annual
-ac-
Angeles State of California.
stallations,-andthat grantee
payment shall be
"NOTICE IS HEREBY
shad,. within 30 days. after
comparued by a statement,
FURTHER GIVEN, that the
demand by City, start to
verified by the oath of a duly
gr an of said franchise
change the location of all
authorized representative of
must; within thirty (30) days
pipes, conduits, traps,
the grantee showing the
ate. the award of said
manholes, apptiaa��es and
gross receipts of the grantee
franchise file with the City
attachments „ Iafd, con-
for the preceding calendar
Clerk of said City of Azusa a.
structed or erected
year arising from the sale of
bond running to the said City
hereunder, eo;as'to conform
gas delivered via the
of Azusa and at all times
to such change of grade, or
pipeline.
thereafter maintain in full
such location or relocation of
Any neglect, failure; or
force and effect, an ac.
subsurface installations, and
refusal, by said grantee to
ceptable corporate surety
proceed diligently to com-
file said verified statement,
pond, in the amount of
plete such relocation, all at
or to pay the franchise fee
.sant, Thousand Dollars,
the grantee's own expense,
herein reserved shall
effective for the entire term
and in case the grantee shall
thereupon immediately ipso
of the franchise, and, con.
fail to comply with the in-
facto effect a forfeiture
rationed that in the event the
stmctionsgiven therefor, the
hereof, and the City, by its
grantee shall fail to comply
City of Azusa may cause the
City Council, may thereupon
with any one or more of the
a
work requiredto be done and
declaresaid franchise for-
provisions the franchise,
shall keep an itemized ac-
feited, and may exclude the
the shall be
count of the cast thereof,
which thesakigranteeby the
grantee from any further use
of the public streets included
.there•
recoverable jointly and:
acesp�ance of said franchise
in said franchise, and said
severally from the principal
and surety of such bond, any
shall agree to pay im-
mediately upon its being
grantee shall thereupon and
immediately
damages suffered by, the City
presented to said grantee.
surrender all
rights in and to the same,.and
as a result thereof, including
the full any
I'That if any street or
this franchise shall be
amount of
compensation, i n -
porfion thereof along across
deemed and shall remain
demnification,' or cost of
or under which said pipeline
null, void, and of no effect.
removal or abandonment of
or appurtenances shall be •
"The grantee shall not sell,
property, up to the full
laid shall be damaged by
transfer or assign this
amount of the bond; said
reason of any leak or leaks,
franchise or the rights or
condition to be' a continuing,
or by reason of any other
privileges granted thereby
obligation for the duration of
cause arising, from the
without the consent of the
the franchise and thereafter
operation or extensidn of
City Council, nor shall the
until the grantee has
such pipeline under such
franchise or the rights or
liquidated all of its
street or portion . thereof,
privileges be sold, tran--
'obligations with the City that
then grantee shall at his or its
sferred or assigned, except
may have arisen from the
own cost and expense im-
by a duly executed fn-
acceptance of this franchise
mediately repair any and all
strument in writing filed in
by the grantee or from its
such damage and restore
the office of the City Clerk of
exercise of any privilege
said street or portion thereof
before
the City of Azusa, and
herein granted.
to asgood condition as
nothing in the franchise
"Neither the provisions of
such leak or cause of damage
_
contained shall be construed
this paragraph, any. bond