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HomeMy WebLinkAboutOrdinance #263 r I ORDIN ANCE NO. _. I � . Ordinance Granting to Thomas W. Simmons, his Successors and Assigns, a. Franchise to Lay, 4 Construct, Operate and Maintain a System of* Pipes and Pipe Lines for the Transportation, Delivery and Sale of Oil, over, under and n along certain Streets , Alleys, Roads, High- ways and Public pays in the City of Hunting- ton Beach, County of Orange, State of Califor- nia. 9 The Board of Trustees of the city of Huntington Beach do 10 ordain as follows: � 11 WHEREAS, an application was heretofore made to the Board of , 1ti Trustees of the city of Huntington Beach, State of California, by Thomas W. Simmons, requesting said Board to advertise for sale and '`} sell the franchise hereinafter set forth, whereupon said Board of Trustees by order duly entered upon its minutes at a ,meeting of said Board held on the 29th day of May, 1923, directing the adver- i tisement and sale of said franchise, upon the terms, conditions and i restrictions imposed and required. by law, and a.s set forth in the notice of sale thereof, and that sealed bids for said franchise be received by said Board up to the hour of eight o'clock P. M. of the 30th day of July, 1923, and that. sealed bids be opened at said time, and that said franchise be struck off, sold and awarded to 23- the person, firm, oy corporation making the highest cash bid there- 24 j for, as and in the manner provided by law, and at said meeting said 25 i Board of Trustees prescribed and fixed the sum of Five Hundred 26 ($500.00) Dollars as the penal sum or amount of the bond required 2 to be filed by the successful bidder 'for said franchise, as appear 28 29 from the notice of sale thereof, and 30 WKMEQS, said Board, by the order and resolution aforesaid, 31 authorized and directed the City Clerk of said city for and on be- 32 half of said city to advertise in the manner and for the period i 129 I 2 of time required by law, statements of all the aforesaid facts and 9- matters;--t�qO er with a statement of all other facts and matters 8 in connection with the -sale and -granting of said franchise ,as re- quired by law to be 4dvertised and published, ' and MEREAS it now appears to said Boar "Z,-r sr-u.otees, from the 4f- 6 \ fidavit of publication on file with said Board that in pursuance 7 of the orders and directions of said Board, said City Clerk did as required by law, advertise and publish & statement of all the afore said facts and matters, together with a statement of all other 10 facts and matters in connection with the sale and granting of said 11 franchise as required by law, and that said advertisement and pub- i2 lication was made for and during the time and in all respects as �j 14 required by law, and that said publication was completed in not less than twenty days, nor more than thirty days before any action on the sale of said franchise was taken by the said Board of Trus- 1 17 tees , as .appears from said affidavits of publication on file herein 18 and from the other records and files of the prgceedings relative 1a thereto,and 20 WHEREAS such action was taken by said Board of Trustees on 21 said application and the notice of sale of said franchise, and all 22 in accordance with law in such cases made and provided, so that 23 on the 30th day of July, 1923, at the hour. .of eight o' clock P.M. 24 of said day, after due notice as aforesaid, said franch.ise .was 25 by resolution duly adopted by said Board of Trustees, struck off, 26 sold and awarded by said Board to Thomas •Iff. Simmons, his success- I 27 ors and assigns , as the highest bidder .therefor for the sum of 28 too gold coin of the United States, and who deposit- 29 ed said sum with the Clerk of said City in the manner and time re- 00 30 quired by law; 'the full amount of said bid of �a0 in 31 gold coin of the United . States, and same was accepted by said 32 Board in consideration of said franchise, and 2 n , 3 t ?!THEREAS said Thomas W. Simmons did, after said franchise was struck off, sold and awarded to him, ads file with said Board of Trustees, a' bond running to said city of Huntington Beach in. the� penal sum of Five Hundred ($500.00) Dol J ° lays as prescribed by said Board and set forth in the advertisement for bids Nand conditioned as required by law, and which bond was and is duly approved by said Board of Trustees , NOW, THEREFORE, the Board of Trustees of the city of Huntington Beach do ordain as follows: Section 1: That there be and there is hereby granted to said iu Thomas W. Simmons , his successors and assigns , a franchise to con- struct and for €, period of forty years to maintain and operate a system of pipes and pipe lines for the transportation, delivery, and sale of oil and its by-products, excepting gas either natural 1.0 or artificial, under, over, along, upon and across all those cer- fl 17 tain alleys, highways, and public ways situate within the bounda- ries of the city of Huntington Beach, Orange County, California, in the territory hereinafter described, to-wit: 20 Beginning at the One-quarter Section corner on the West line of Section One (1) ,. Township Six (6) South, Range Eleven (11)llest, 2; S. B. B. & M. , said point being the intersection .of the center line of Hampshire Ave. and Yorktown Streets as shown on a map of 22 Eastside Villa Tract, Miscellaneous gap Book 4, page 65, Records .- of grange County, California, and running thence Easterly and in a 23 general Southerly direction following along the Easterly boundary line of the city of Huntington Beach to an intersection with the 24 ordinary high tide line of the Pacific Ocean, thence Northwesterl following along the said ordinary high tide line to an intersec- 25 tion with the Southerly prolongation of the Westerly line of Bloc 101 Vista Del Mar Tract, Section Three (3) as sh own on a map then - 26 of, recorded in Miscellaneous Map Book 4, page 6 records of Orang County., -California, thence Northerly along said line and block_. . 2' lines to an intersection with the center line of Hartford Street, thence Westerly along said center line to an intersection with 2$ the center line .of Palm Avenue, thence Northwesterly along said center line of Palm Avenue to an intersection with the Southwest - 29 erly prolongation of the Northwesterly line of Block 1804, Tract o No. 51, as shown on a map thereof, recorded in Miscellaneous Dap Book 9, Page 49, records of Orange County,Cali ornia, thence , 31 Northeasterly along said. line and the prolongation thereof`to an intersection with the center line of Ma_.in Street; thence 82 Northerly and Northeasterly along said center line of Main St. , 100 i i to an intersection with the Northerly boundary line of the city of Huntington Beaoh, thence Easterly and Southerly following along 2 said boundary line to the point of beginning. Section 2: That the said Thomas W. Simmons, his successors and assigns, are hereby granted the above franchise for the term 4 i of forty years from and after the date .when this ordinance takes e effe.ct. 7 Section 3: That said frqnohise, right, privilege and permis- 8 sion is granted to said Thomas W. Simmons, his successors and as- 9 signs, upon the following terms and conditions herein contained, 10 and the grantee of this franchise, shall within thirty days after 11 the passage of the ordinance granting the same, file with the 12 Clerk of said city of Huntington Beach, a written acceptance of 13 the terms and conditions herein expressed. 14 Section 4: That the term "grantee" herein used shall be con- 15 sidered to include the grantee or his, its, or their successors 16 or assigns. 17 Section 5: That all pipes and pipe lines to. be laid and main 18 tained under this franchise, shall be of good -material and viork- 19 manshipo 20 Section 6: That the grantee of this franchise , his, its, or 9 i 21 their successors or assigns shall have the right to lay, constructF 22 operate, and maintain such traps or manholes, appliances and at- 23 tachments as may be necessary to afford proper access to said 24 pipes and pipe lines for cleaning and maintaining the same , and 25 said traps, manholes, appliances and attachments shall at all 26 times be kept flush with the surface of the highway, and 'so lo- i 27 cated as to conform to any order of the Board of Trustees of the 28 city of. Huntington Beach, California, in regard thereto, and 29 shall also be so laid, constructed, operated, and maintained that 30, such pipe lines will not in any way interfere with the use of any 31 of said streets, alleys, highvays or public ways for travel. 32 4. I Section 7, The grantee of said franchise , his its or their 2 successors or assigns, shall have the right, subject to such re- 3. gulations as are now or may hereafter be in force in said city, * 4 to make all necessary excavations in said highways for the con 5 struction or repair of said pipe lines, traps, manholes, appli- 6 ances and attachments. 7 Section 8. That the grantee of said franchise , his , its or 8 their successors or assigns shall in cleaning said pipe lines, 8 - manholes, appliances and attachments or traps, see that no oil 10 or -other substances are placed upon said highways, streets, al 11 legs , or public ways, and any material taken from said pipe lines 12 manholes , or traps, €appliances and attachments, shall be removed 13 from the said streets at the expense of the grantee of said fran- 14 chile, his, its, or their successors or assigns. 15 i Section 9: That every pipe line laid or maintained under 1s said franchise shall be laid so that the top of said pipe line , 17 shall be not less than twenty-four inches under ground, and un- less the Board of Trustees of said city of Huntington Beach shal 19 20 otherwise direct, shall be laid along the sides of the streets, 21 alleys, highways and public ways, and shall be laid pnd construct- . 22 ed not less than fifteen feet from the center lines of s.u-oh t 23 streets, highways, alleys, and public ways sixty feet or more in '24 width, and within five feet of the curb line on all other 25 streets, alleys, roads, highways and public ways where a curb 26 line has been established, and within five feet of the property 27 line on all such streets, alleys, highways, roads and public 28 ways, less than sixty feet in width where no curb line has been 29 established, provided that no pipes or pipe lines shall be laid 30 or constructed through or lengthwise under any macadamized or 31 paved portion of any streets, alleys, highways, or public ways, 82 or any part thereof, and in the event it is necessary to lay 1 131 I 1 or construct any such pipe line or pipelines across any portion l of a paved or macadamized street, alley, ; road or highway or pub- 3 lic wa I • �+ y, the same shall be done by boring thereunder and Iasi 4 said bore, unless the Board of Trustees of said city of Huntington 5 Beach shall direct otherwise, and said sore thereafter filled, 6 after the insertion of the pipe or pipe lines therein, so that the -hi hway shall have strength after said bore g J g passes thereunder, 8 equal to its strength before such bore was made. 9 Section 10; The Board of Trustees of said city of Huntington 10 Beach may elect to repair any street, alley, road, highway or 11 public way or any portion thereof in which the grantee of said 12 franchise, his, its or their successors or assigns may have exca- 13 vated for the purpose of laying pipe lines, or maintaining, clean 14 ing, or repairing said pipe lines, traps, manholes, appliances 15 and attachments under the provisions of said franchise , and the 16 reasonable cost of such repairs shall be b� charge against said 17 grantee, his, its or their successors or assigns, and shall be 18 10 paid within thirty days after the presentation of the bill there- 20 for by said city, 21 Section 11; During the laying or repairing of any pipes or 22 + pipe lines any trench or excavation made for that purpose shall a I 23 1 night time from sunset to sunrise, be protected by red lights 24 placed at each termini of such trench or excavation and along 25 the line thereof, at or not more than three hundred feet in die- 26 tance apart. 27 Section 12s That any damage or injury suffered by any person 28 by reason of any excavation or by reason of any obstacle •being 29 placed upon said streets by said grantee, his, its , or their sue- 30 cessors or assigns, or by reason of the doing of any work in . 31 connection with the laying of said pipe line , or by reason of 32 . said work being improperly guarded during the laying or con- struction of any pipeline, trap, manhole or applia,=, e, shall i I be borne by the grantee of this franchise , his, its, or their successors or assigns. Section 13: That the work of laying or repairing any oil 4 pipes or pipe lines or other appliances, attachments, traps, or 5 manholes in connection therewith, laid or constructed under said 6 franchise shall be conducted with the least possible hindrance 7 to the use of the said highways, streets, alleys, roads and public 8 ways for purposes of travel, and as soon as the laying or repairing 9 of any pipe lines or other appliances in connection therewith is 1® completed, all portions of the streets, alleys , roads , highways _ 7.1 and public ways which have been excavated or ,otherwise injured - 12 thereby shall be placed in as good condition by said grantee, his, 13 its or their successors or assigns and at their cost , as the same 14 v were in before the laying of such pipe lines and appliances in 15 connection therewith, and all to be done to the satisfaction of 16 � - 17 the Board of Trustees of said city of Huntington Beach. 13 Section 14: The grantee, his, its or their successors or as- 19 signs , shall within thirty days after the laying of any pipe line 20 or lines, or appliances in connection therewith under said fran- . ' 21 chise , file with the Board of Trusteos of said city of Huntington . 22 Beach a. map showing in detail the length and size of pipe or pipe 23 lines installed and attachments or appliances in connection there- ff '24 with, and the location of same in the street , both with reference ' 25 to the surface and with reference to the property and curb lines 26 along said street, 27 Section 15; That if any portion of any street, alley, highway , 28 public way or thoroughfare upon, along, under or in which any pipe 29 lines or appliances in connection therewith shall be damaged by 30 reason of breaks or leaks in any pipe or appliance in connection 31 therewith, constructed under this franchise, the grantee thereof 32 his, its, or their successors or assigns, shall at his or its i g own expense repair any such damage and put such highway in as good 2 condition as it was before such break or leak, to the satisfaction , 3 j of the Board of Trustees of said cif. 4 Section 16: All pipes, pipe lines, and other physical property 6 constructed and maintained under the ,provisions of said franchise, 6 upon any of the streets, alleys, roads,. highways or public ways within any portion of the territory covered by said franchise shall 8 be constructed and maintained in conformity with all the laws of 9 � the State of California and with all the ordinances, orders, rules 10 and regulations of said city of Huntington Beach, or any officer. 11 thereof who may be authorized by said Board of Trustees of said 12 city to exercise power and control over such streets, alleys,roads 13 highways and public ways within said city, 14 Section 17: That the said city of 15 Huntington. Beach, Califor 16 nia, reserves:=-the right to change the grade of any street, alley, 17 high®ay, road or public way over which said franchise is granted, 18- and the grantee of said franchise, his , its, or their successors 19 or assigns shall at once change the location of all pipes and 20 other appliances laid thereunder so as to conform to such change 21 of grade. 22 Section 18: That if said grantee , his , its or their succ- 23 essors or assigns shall fail to comply with any instructions of 24 said Board of Trustees of Huntington Beach with respect to the 25 location of any of said pipes, pipe lines, appliances, manholes, 26 . traps, or attachments thereto, or to repair any damage to such 27 streets, alleys; roads, highways , or public ways done or suffered .28 by said grantee, his, its, or their successors or assigns within 29 ten days after the service of written notice upon said grantee, 30 his, its or their successors or assigns, requiring compliance 31 therewith, the said Board of Trustees of. sa.id city of Huntington 32 8, t Beach magi immediately do whatever work is necessary to carry out 2 the said instructions at the cost and expense of said grantee, his its or their successors or assigns, which cost by the acceptance 4. of said franchise , said grantee, his, its or their successors or 5 ' assigns agrees to pay upon demand. 6 Section 19: That the work of constructing and laying said 7 pipes and pipe line system, together with such traps, manholes, s appliances and attachments in connection therewith, shall be eom- 9 menced in good faith not more than 'four months from the date of . 10 the ordinance granting said franchise, and if not so commenced -11 within said time, said franchise so granted shall be, by said, 12 Board of Trustees of said city of Huntington Beach, declared for- 13 I feited, and said work when begun shall be prosecuted diligently ' 14 and in good faith so as to deliver oil for shipment through said 15 pipe lines within eighteen months from the date of the granting 16 of said franchise. 9 17 18 Section 20: That the grantee of said franchise, his, its or, their successors or assigns, shall during the life of said fran-. 19 chise, pay to the city of Huntington Beach, California, in lawful 20 21 money of the United States, two per cent of the gross annual re- 22 eeipts of said grantee, his, its or their successors or assigns., 23 arising from the use, operation or possession of said franch .se, - '24 provided, however, that no percentage shall be paid for the first ' 25 five years sneceeding' the date of said franchise, but thereafter ' 26 such percentage shall be payable annually, and in the event such , 27 payment is not made, said franchise shall be forfeited. 28 Section 21: It shall be the duty of the grantee of said fran 29 chise, his, its, or their successors or assigns, to file with the 30 Clerk of said Board of Trustees of said city of Huntington Beach -31 at the expiration of six years from the date of granting of said 32 franchise, and at the expiration of each and every year thereafter 90 i F7 1 a statement verified b the oath o 's its or thei Y f said grantee, hi ,. . r successors or assigns, or by the oath ot'f the manager or presiding 3 officer of said grantee, or his,' i-ts -drLunelr successors or as- 4 signs-, showing in detail the gross receipts received by said gran- 5 tee or his, its or their successors or assigns during the preced- ing twelve months from the use and operation of any pipe lines 7 or appliances in connection therewith used or opa rated under. the 8 terms and provisions of this franchise, and within ten days after s the filing of the aforesaid statement, it shall be the duty of 10 said grantee, or his, its or their successors or assigns to pay, 11 and he , it, or they shall pay to the Treasurer of the city of 12 Huntington Beach, California, the aggregate sum of the said per- 13 centage upon the amount of the gross annual receipts,,arising from 14 - the use , operation, or possession of said franchise, and if the, 15 amount paid is , incorrect in the judgment of the Board of Trustees 16 of the said city of Huntington Beach they may order the payment 17 of such additional sum as they may find due hereunder, and if . 18 same is not paid within ten days after notice to that effect , the 19 20 same may be collected by suit, and any neglect, omission, or re-. 1 21 fusel by said grantee, or his , Or its, or their successors or as= 22 signs to file such verified statement or to pay the said percent- 23 age of the said gross annual receipts at the time or in the- manne �4 hereinbefore provided for, shall ipso facto, - work a forfeiture 21 of said franchise and all rights thereunder, to the said city of 26 Huntington Beach, 27 Section 22: Said grantee, or his , its or their successors or 28 assigns shall not sell, transfer or assign said franchise or any 29 of the rights and ;privileges granted thereby, except by duly ex- J 3o ecuted instrument in writing filed in the office, of the Board of 31 Trustees of the said city of Huntington Beach, and nothing in i 32 said franchise contained shall be construed to grant to said 10, 1 I grantee, his, . its, or their successors or assigns, any right to 2 sell, transfer or assign said franchise or any of the rights and 3 privileges granted thereby, except in the manner aforesaid, nor 4 OR A sS+cNS shall said grantee, his, its or their successors Ahave any right, 5 power, or privilege to use said pipe line or lines for the trans- 6 portation, marketing, collection, distribution or sale of gas , 7 either natural or artificial. 8 Section 23: That any willful neglect , or failure, or refusal 1 . 9 on the part of said grantee, his , its or their successors or as- 10 signs to comply with, or arT violation of any conditions of said 11 franchise shall thereupon immediately ipso facto effect a for- 12- feiture thereof, and the said city of Huntington Beach, by its 13 Board of Trustees, may thereupon declare said franchise forfeited 14 and may exclude said grantee , his, its or their successors or as 15 signs from any further use of any of the streets, alleys , roads, 16 17 " highways, or public ways of said city under said franchise, and ,", said grantee or his or its or their successors or assigns shall 18 19 thereupon and immediately surrender all rights in and to the - same . 20 and said franchise shall be deemed and shall thereafter remain' 21 null, void and of no effect. 22 Section 24: This Ordinance shall be published once in the 23 Huntington Beach News , a newspaper of general circulation, 24 printed, published and circulated in the city of Huntington Beach, 25 and shall take effect and shall be in force thirty days after its 26 passage. Jt 27 The above and foregoing Ordinance No. i-� , was introduced 28 at a regular meeting of the Board of Trustees of the city of 29 Huntington Beach, held on the 30th day of July, 1923, and - 30 passed at a regular meeting thereof held on the th day of 31 August, 1923, by the affirmative vote of the following- named 32 11 o 134 members of said Board of Trustees. Ayes, Trustees: 5 6 ' 7 8 Noes, Trustees : 9 10 Absent; Trustees: 11 The above and foregoing Ordinance No. d having been 12 this day passed, is signed and approved by me. 13 14 - President of the Boar& ofOTrustees 15 I of the city of Huntington Beach. 16 Attest: . 17 18 Clerk of the city f Huntington Beach. 19 20 21 22 23 24 25 26 27 = 28 29 30 31 32 .. 12.