HomeMy WebLinkAboutOrdinance #302 o � �
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ORDINANCE NO. �
AN ORDINANCE OF T CITY OF HLIITINGTON BEACH GRANTING T O SOUTHERN
COUNTIES GAS COMPANY OF CALIFORXIA., A CORPORATION, A FRANCHISE TO
LAY, CONSTRUCT, MAINTAIN AND USE AND OPERATE GAS PIPES IN, UNDER
AIM ALONG THE STREETS, ALLEYS, LANES, HIGHWAYS AND PUBLIC PLACES
IN AND OF THE CITY OF HUNTINGTON BEACH.
The Board of Trustees of the City of Huntington Beach do ordain
as follows:
SECTION 1. Said Board of Trustees does hereby declare that South-
ern Counties Gas Company of California has heretofore made an application
in writing to said Board of Trustees for the franchise hereinafter describ-
ed, and that on the 14th day of March, 1927, said application came on reg-
ularl to be heard and considered b said Board of Trustees; that there-
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upon by order duly passed and adopted by the affirmative "vote of all mem f =—
bers of said Board of Trustees, it was ordered and stated that said Board
of Trustees proposed to grant said franchise, same .to continue -for a period
of forty (40) years from and after the date ':of. ;granting samei upon the
terms, and conditions and restrictions in said order hereinafter stated;
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that in and by virtue of said resolution and order, the City Clerk of said
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city of Huntington Beach was directed to advertise, in the manner and for
the time required by law, the fact that said application for franchise had
been made, together with the statement that it proposed to grant the same
upon said terms and subject to said conditions and restrictions and that
sealed bids for said franchise would be received up to eight o'clock. P.M.
on the 2nd day of May, 192%
SECTION 2. That said Board of Trustees does further declare that
said advertisement contained all of the statements, utters and things
required by law, and the previous order of Said Board of Trustees was
duly published in the newspaper named in said order, for the time and
in the manner required by law; that said Board of Trustees, at a regular
meeting, met in open session in their room in the City Hall in the City
of Huntington Beach,on the 2nd day of May, 1927, at eight o'clock P.M. ,
and then and there opened and read the bids for said franchise; that said
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Southern Counties Gas Company of California, a corporation, made the
highest sealed bid therefor, to wit, the sum of $100.00, gold coin
of the United States; that no person, firm or corporation, present
or represented, bid any sum greater therefor, and that said bid was
the highest and best bid for said franchise; that said franchise was
thereupon by an order duly passed and adopted by an affirmative vote
of a majority of the.. members of said Board of Trustees, on said 2nd
day of May, 1927 , struck off, sold and awarded to said Southern Counties �
i Gas Company of California$ a corporation; that said Southern Counties
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Gas Company of California, a corporation, has deposited with the City
Clerk of said City 'of Huntington Beach the total sum aforesaid; that
Southern Counties Gas Company of California, a corporation, has filed �-
with the City Clerk of Huntington Beach a bond running, to said City of
Huntington Beach,' in the penal sum of $5000*00, and in the form and-
an-der the terms and conditions required by law, and that said bond has i
been regularly approved by said Board of Trustees:
SECTION 3. There is hereby granted to said Southern Counties Gas
Company of California, a corporation, its successors and assigns, said
franchise and privilege, the character and purpose of which, and the �
term for which it is granted, and the conditions and restrictions of
which are as follows, to-wit:
A franchise to lay, construct and maintain, use and operate gas
pipes in, under and along the streets, alleys, lanes, highways and pub-
lie places in and of said City of Huntington Beach; to carry, conduct
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U and convey manufactured and natural gas in and through said pipes for
light, heat, and power purposes, together with the right to lay, con-
struct, maintain, use and operate all necessary house and service con-
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nections, and such other apparatus and appliances in connection there-
with as may be necessary to safely and efficiently operate and maintain
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and use said pipe lines and carry on the business of selling and supply-
ing the gas for light, heat and povver purposes and the right tolmanufac-
ture gas and to supply and sell manufactured and natural gas or either
thereof, to said City of Huntington Beach and its inhabitants for light, '.,
heat and power purposes.
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Said franchise shall continue for a period of forty (40) years from i
the date of granting the same.
Said franchise and privilege is granted on the following terms and
is subject to the following restrictions:
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1a) The grantee or grantees of said franchise and privilege, his
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or their successors and assigns, shall in good faith, commence work to lay ._.
said. pipes and to construct, install and equip a system for furnishing
gas to the inhabitants of said City, within not more than four months i
from the granting of said franchise and privileges, and shall there-
after continuously prosecute said work in good faith so as to meet the
reasonable needs of the inhabitants of said City.
(b) All pipes laid, located or maintained under s-aid franchise f
and privilege shall be so placed as not to interefere with the use of
said streets, alleys, lanes, highways or public places by the travelling
Public or for public purposes; in laying said pipes, the grantee or
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grantees of said franchise and privilege shall fill the trench and
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leave the surface of the street , alley, lane , highway or public place
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in as good condition as it was prior to excavating for laying said
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pipes, and all pipes laid or maintained under said franchise and privi-
lege shall be laid and located in conformity with the instructions given
by and to the satisfaction of the Board of Trustees of said City of Hunt-
ington Beach and the Superintendent of Streets.
(c) The grantee or grantees of said franchise and privilege, his
or their successors and assigns, must, during the life of said franchise
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and privilege pay to said City of Huntington Beach, two per eent (20)
or
of the gross receipts of the person, partnership) corporation to whom
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said franchise and privilege shall be awarded, arising from its use,
operation or possession. No percentage shall be paid for the first
five (5) years succeeding the date of said franchise and privilege ,
but thereafter such percentage shall be payable ann- ally, provided,
that should such franchise be granted to any person, firm or corpora-
tion as a renewal of a right already in existence, the payment of such j
percentage shall begin at once upnn the taking effect thereof; and in
the event any such payment is not made said franchise and privilege shall
be forfeited.
(d) The grantee or grantees of said franchise and privilege shall,
within, ten (10) days after the passage of the ordinance granting said
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franchise and privilege, file with the Clerk of said City of Huntington
Beach, a written acceptance of the terms and conditions of said Ordi-
nances; said franchise and privilege shall be granted upon each of the
conditions and provisions herein contained, and in consideration of the
promise of the grantee or grantees thereof to keep and observe each of
�........ . euoh conditions and provisions. herein expressed to be kept and observed
by him or them, and in the acceptance of said franchise the grantee or
grantees shall agree to keep and observe each of said conditions and
provisions.
(e•) Any neglect, failure or refusal on the part of said grantee
or grantees, his or their successors or assigns, to comply with, keep
and observe any of the terms, conditions and restrictions of' said fran-
chise or privilege, shall thereupon immediately effect a forfeiture thereof.
(f) Said franchise and privilege shall not be exclusive.
(g) The successful bidder for such franchise and privilege shall,
within five (5) days after such franchise and privilege is awarded, file .
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with_ the Board of Trustees of the City of Huntington Beach, to be approved
by such Board, a bond running to said City of Huntington Beach, in the
penal sum of Five Thousand ( 5000.00) Dollars, with at least two good and
sufficient sureties, conditioned that said successful bidder shall well
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i .and...trL1ly._o.bserve, fulfill and perform each and every term and con- .
dition of such franchise and privilege, and that in case of any breach
of condition of such bond, the whole amount of the penal sum therein
named shall be taken and be deemed to be liquidated damages and re-
coverable from the principal and sureties upon said bond.
-SECTION 46 The City Clerk shall certify to the passing 'of this
ordinance, and shall cause the same to be published once in the HUNT1
INGTON. BEACH NEWS, a weekly newspaper, printed, published and circu-
lated in the City of Huntington Beach, and thereafter shall same be
in full force and effect. Q
I Passed and adopted this day of May, 1927
I President of he Board of Tru ees
of the City of Huntington Beach,
California.
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ATT' -
f�i�Ger and -Ex--o is io le-r
of"the Board .f Trustees of the
C^iJty of Huntington Beach, California.
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STATE OF CALIFORNIA
C OUITTY OF ORANGE SS
CITY OF HUNTINGTON BEACH
I, C. R. Furr, City Clerk and Ex-officio Clerk of the Board
of Trustees of the Gity of Huntington Beach, do hereby certify
that the foregoing ordinance was read to the Board of Trustees
of said City, at a regular meeting thereof on the 2nd day of
May, 1927, and was again read to the said Board of Trustees of
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said City at a regular meeting thereof of the said Board, held
on the _ day of_ 4�1 et ---, 1927, and was by said
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i Board of Trustees passed an adopted by the following votes,
to-writ:
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AYES Trustees G�i'�c6ti✓- Gnu _ /7�,�u;o_/
NOES Trustees
Absent Trustees
City Clerk and Ex-of icio C er
of the Board of Trustees of the"-City
of Huntington Beach, California:
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