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HomeMy WebLinkAboutOrdinance #83 ORDINANCE NO. 83 AN ORDINANCE GRANTING TO THE HOLLY SUGAR COMPANY A RIGHT OF WAY FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A SEWER OR DRAIN FROM THE SUGAR FACTORY OF SAID COMPANY, THROUGH THE CITY OF HUNTINGTON BEACH, TO THE PACIFIC OCEAN, Whereas, The Holly Sugar Company, a corporation, has constructed a factory for the manufacture of sugar, from sugar beets, together with the necessary offices, residences and buildings, for the use of its officres and employes on certain premises, north and beyond the limits of this city being a portion of the Southwest quarter of Section 35, Township 5 South, Range 11 West, and Whereas, it is necessary for the proper and sanitary use of said factory offices, residences, and buildings, as well as for the sanitary protection of this city and the adjacent county that a private sewer or drain for the ordinary and usually uses of a private sewer or drain, to be constructed from said premises to the Pacific Ocean, through, across, and under certain roads, streets, avenues, alleys, and public places of this City, and Whereas, said Holly Sugar Company derives to construct the said private drain or sewer with the necessary man holes and appliances and accessories, through across and under the following roads, streets, avenues, alleys, and public places. Of this city, to-wit: Under and across Clay Street and Mansion Avenue at points about six hundred (600)West of the North and South Section lines of Section Two 2, and under and along Center Street from a point at or near the center of said Street, about two hundred (200) feet East of the intersection of said street with main Street and thence along said Center street at or near the center thereof, to a point at or near the center of Twenty Third Street, and thence under and along said Twenty Third Street, at or near the center thereof, to and across Ocean Avenue and thence to the wharf or Pier built into the Ocean by said Holly Sugar Company for the use of the said sewer or drain, the line of said sewer or drain being more fully shown by a certain blue print filed with the Clerk of this City on the 5th day of August, 1911, endorsed"Map of Right of Way of the sewer constructed by the Holly Sugar Company from its factory to the Pacific ocean" and, Whereas: said sewer or drain is not intended to and does not constitute a use of the said Streets, Avenues, alleys, or public places of this City for any municipal or public or private use, or for any purpose of remuneration or profit within this city, but is a necessary use of said streets for the efficient and sanitary operation of the factory and building of the said Holly Sugar Company, lying beyond the limits of this city, and, Whereas: said sewer or drain as such, is not to be operated for profit nor gain is to serve any use or purpose which could or might be a public use, purpose or utility, and ORD. 083 1 Whereas, the investment of said Holly Sugar company in the construction of said factory, building, offices, residences and other improvements, was made upon the assurance of the officials and citizens of this city that this city would grant such a right of way through its roads, streets, avenues, alleys, and public places for the construction and perpetual operation of a sewer or drain as might be necessary for the use of said Holly Sugar company, and, Whereas, said private sewer or drain is laid or to be laid entirely under the surface of said streets at such a depth that it will not interfere with the public use of said streets, Now Therefore: the Board of Trustees of the City of Huntington Beach, do ordain as follows: Section 1, That a perpetual right of way is here by granted by the City of Huntington Beach to the Holly Sugar company, its successor and assigns for the construction and maintenance and operation of the said sewer and drain with the necessary man holes and other appliances and connections along the line heretofore described and across, through and under the streets, avenues, alleys, and public places of this city as hereinbefore described together with the right at all times to make all excavations and to do all other things usual and necessary in maintaining, repairing and keeping said sewer or drain in condition for service provided however that such excavation shall at all times be made in accordance with lawful rules, regulations ordinances and resolutions of the City of Huntington Beach, heretofore adopted or to be adopted and provided, further, that after any excavation shall be made the surface of the street shall be restored to the conditions in which it was at the time said excavation was made, Section 2: The said City of Huntington Beach hereby consents to the perpetual use of said sewer or drain for the purposes herein set forth and the discharge of the sewage and refuse material, liquid, or solid, therein carried into the Pacific Ocean, at the point herein above described subject to regulation by the Board of Trustees of the City of Huntington Beach, Section 3, The City Clerk of the City of Huntington Beach shall certify to the passage of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, published, and circulated in said City of Huntington Beach, and thirty days thereafter it shall take effect and be in full force, Passed and adopted this 51h day of September, 1911, by the Board of Trustees of the City of Huntington Beach, California, Ed. Manning President of the Board of Trustees of the City of Huntington Beach, California ORD. 083 2 Attest: C.E. Lavering City Clerk and Ex-Officio clerk of the Board of City Trustees of the City of Huntington Beach, California. State of California ) County of Orange ) SS City of Huntington Beach ) I C.E. Lavering, City Clerk of the City of Huntington Beach, and ex-officio Clerk of the Board of Trustees of the said city, do hereby certify that the foregoing ordinance was read to said board of Trustees of said City of Huntington Beach, on the It" day of August, 1911, and was passed and adopted by them and signed by the President thereof at its regular meeting held on the 5t day of Sept, 1911 by the following vote, Ayes: Helme, Seely, Manning, Noes: None, Absent, French, Stewart. C,E, Lavering, City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. I C.E. Lavering City Clerk, and Ex-Officio Clerk, of the Board of City Trustees of the City of Huntington Beach, hereby certify that the foregoing is true and correct copy of an ordinance of the City of Huntington Beach, numbered 83, and entitled An Ordinance granting to the Holly Sugar Company a right of way for the construction, maintainence, and operation of a sewer or drain from the Sugar Factory of said company, through the City of Huntington Beach, to the Pacific Ocean, and that the same was published in the Huntington Beach News, a weekly newspaper, printed and published in the City of Huntington Beach according to law on the 4t"day of Sept. 1911 C.E. Lavering. City Clerk and Ex-Officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 083 3 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.