HomeMy WebLinkAboutCity Council - 580 RESOLUTIOTL No. 590
RESOLUTION OF TIIE 301A,RD OF TRUSTEES OF THE CITY OF 117)"I-TINGTOTT
BEACH DCLARITTG ITS IITTENTION TO SELL A FRANCHISE TO CONSTRUCT,
OP'ERII:TE ARD Td ilTe TA ITT GAS PIPE LIIa {S '.,I THIN TIE CITY OF HUNTING-
TOTT BEACH, AND DIRECTING THE CLERK TO PUBLISH ITOTICE INVITING
SE 0 ED BIDS.
The Board of Trustees of the City of Huntington Beach do resolve
as follows:
'::AREAS, the Southern Counties Gas Company, a corporation, has
filed with this Board its application for franchise granting the right
to construct, operate and maintain gas pipe lines for the purpose of
conducting, transmitting and selling gas for heat, light and power pur-
poses upon and along all public roads and highways in the City of Hunt-
ington Beach; and has in said application petitioned this Board to offer
fo_, sale and sell said franchise in the manner provided by law, and
it appears to this Board in its discretion that said
franchise is one that may be properly granted, and it is proposed by
this Board to grant same;
l SOLj .�D, that Y-onday, the P-nd, day of IIay, 1927 , at the hour of
8 o'clock P.111. at the Council Chambers of the Board of Trustees of the
City of Huntington Beach, is hereby fixed as the time and place for
hearing said application and openih- bids that may be received up to
that time for the sale of said franchise; and the City Clerk and Ex-
officio Clerk of the Board of Trustees of the 6ity of Huntington Beach,
is hereby directed to give notice accordingly by causing the notice to
be published once a week for four successive weeks in Huntington Beach
Nelms, a weekly newspaper printed, published and circulated in the City
of Huntington Beach, Ozzange County, California, hereby designated by
the Board of Trustees for that purpose, there being no daily newspaper
published in the City, such publication to be completed, not less than
twenty (20) nor more than thirty (30) days before the day of hearing
above fixed, and said notice to be in the form and words and figures
as follows:
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NOTICE OF !'ROPOSED SALE AND GRANT OF FRANCIIISE
NOTICE IS =5 RE BY GIVEN THLT SOUT=11 COU11"TI.ES GAS CO12ANY, OF
CALIFO111TIA, a eornoration, has made its application to the Board of
Trustees of the City of Huntington Beach for a grant to it, its suc-
cessors and assigns , of a franchise and privilege, herein particularly
described; that said Board of Trustees proposes to grant said franchise
and privilege in accordance with the laws of the State of California,
said franchise being particularly described as follows, to-wit:
X " A franchise to lay, construct and maintain, use and operate gas
pipes in, under and along the streets, alleys, lanes, highways and pub-
lic places in and of said City of Huntington Beach; to carry, conduct
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-
nections , and such other apparatus and appliances in connection there-
with as may be necessary to safely and efficiently operate and maintain
and use said pipe lines and carry on the busines, of selling and supply-
ing the gas for light, heat and power purposes and. the right to manufac-
ture gas and to supply and sell manufactured and natural gas or either
thereof, to said City of Huntingon Beach and its inhabitants, for light,
heat, and power purposes.
Said franchise shall continue for a .period of forty (40) years from
the date of granting the same.X
NOTICE IS ALSO HEREBY GIVEN that said franchise, wh1ch it is proposed
to grant, shall be granted subject to the following restrictions:
P-11 lst. The grantee or grantees of said franchise and privilege, his
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
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.
2nd. All pipes laid, located or maintained under said franchise
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
grantees of said frarn hise and privilege shall fill the trench and
leave the surface of the street, alley, lane , highway or public place
in as good condition as it was prior to excavating for laying said
pipes, and all pipes laid or maintained under said franchise and privi-
lege shall be laid and located in conformity with instructions given
by and to the satisfaction of the Board of Trustees of said City of
Huntington Beach and the Superintendent of Streets'.
..a. 3rd. The grantee or grantees of said franchise and privilege,
his or their successors or assigns , must, during the life of said fran-
chise and privilege , pay to said City of Huntington Beach, two per cent
(2%) of the gross receipts of the person, partnership, or corporation
to whom 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 annually, provided, that shouId
such franchise be granted to any person, firm or corporation as a renewal
of a right already in existence, the payment of such percentage shall be-
gin at once upon the taking effect thereof; and in the event any such
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payment is not made , said franchise and privilege shall be forfeited.
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4th. The grantee or grantees of said franchise and privilege
shall, within ten (10) days after the passage of the Ordinance granting
said franchise and privilege , file with the Clerk of said City of Hunt-
ington Beach, a written acceptance of the terms and conditions of said
Ordinances; 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
such 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.
5th. 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 terns , conditions and restrictions of said fran-
chise or privilege , shall thereupon immediately effect a forfeiture thereof.
' 6th. Said franchise and privilege shall not be conclusive.
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7th. The successful bidder for such franchise and privilege shall,
of
within five (5) days after such franchise and privilege is awarded, file
with the Board of Trustees of the "Jity of Huntington Beach, to be approved
by such Board, a bond running to said City of HuntirZton Beach, in the
penal sum of Five Thousand Dollars (5000.00) , with at least two good and-
sufficient sureties , conditioned that said successful bidder shall well
and trulur observe , fulfill and perform each and every term and condition
of such franchise and privilege , and that in case of any breach of con-
dition of such bond, the whole amount of the penal sun therein named shall
be taken and deemed to be liquidated damages and recoverable from the prin-
cipal and sureties upon said hond.A
bOTICE IS ALSO IICREBY GI-V'EIT that sealed bids in writing, will be re-
ceived at the office of said Board of Trustees for said. franchise and privi-
lege up to $:00 o' clock p. ,?.on Monday the 2nd day of day, 1927
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and. that the bias received will be opened. at that time; that all bids
must be for the payment of a stated sum in fold. coin of the United States;
and that the franchise will be struck off, sold and awarded to the person,
firm or corporation, who shall make the highest cash bid therefor; pro-
vided only that at the time of opening said bids any responsible person,
firm or corporation, present or represented, may bid for said franchise
any sum not less than ten per cent (10) above the highest sealed bid
therefor, and that said bid so made may be raised not less than ten
per cent (104) by any other responsible bidder, and said bidding may con-
tinue until finally said franchise and privilege shall be struck off, sold
and awarded. by said Board of Trustees to the highest bidder therefor, in
gold coin of the United States.
ach bia must be accompanied with cash or certified check, payable
to the City Treasurer of said City of Huntington Beach, for the full a-
mount of said bid, and no sealed bids shall be considered unless such
cash or certified check is enclosed therewith, and the successful bidder
must deposit at least ten per cent (10%) of the amount of his bid with the
Clerk of said City, before said franchise ani privilege will be struck
off to him, and- if he shall fail to make such deposit immediately, his bid
will not be received and will be considered as void. Said franchise will
then and there be again offered for sale to the bidder who shall make the
highest bid therefor, subject to the same conditions as to deposit as
above mentioned. Said procedure will be had until said franchise and privi-
lege is struck off, sold and awarded to a bidder who shall make the necessary
deposit of at least ten per cent (10-%) of the amount of his bid, as here-
inbefore provided. Said successful bidder shall deposit with the City
Clerk, within twenty-four (24) hours after the acceptance of his bid, the
remaining ninety per cent (900) of the amount thereof, and in case he or it
fails to ad so then the said deposit theretofore made will be forfeited,
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and the award. of the franchise will be void, and said franchise will
then and there by said Board. of Trustees be again offered for sale
to the highest bidder therefor, in the same manner and under the same
restrictions as hereinbefore provided, and in case said bidder fails
to deposit with the City Clerk the remaining ninety per cent (90 0)
of his bid within twenty-four (24) hours after its acceptance , the
award to him will be set aside and the deposit theretofore made will
be forfeited and no further -proceedings for the sale of said franchise
and privilege will be had until the same shall be readvertised for sale.
By order of the Board of Trustees of the City of Huntington
Beach.
Dated this �� clay of _ 1927.
_._.. !£y G 1 o e- City o. � _
Huntington Beach, California.
Dates of publication, March 18th, 26th, April lst and 8th, 1927
Passed and adopted. by the Board of Trustees of the City of
Huntington Beach, this 14th day of March, 1927.
j(rj-:iilien of he Boar o Trustees
of the City of Huntington Beach,
California.
ATTEST,-
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City dlerk and Ex-offlcio Clerk of
the Board of Trustees of the City of
Huntington Beach, California.
ST.VA.TE OF G-,LIF0PJIIA )
COUITTY OF 01-1-JIGE } SS
CITY OF lFiNTINGTOIt BEACH
I, C. R. "Purr, City Clerk and Ex-officio Clerk of the Board of
Trustees of the City of Huntington Beach, hereby certify that the
foregoing Resolution was duly and regularly introduced, passed and
adopted by the Board of Trustees of the City of Huntington Beach,
at a regular meeting thereof , held on the 14th day of March, 1927,
by the following vote:
01
AYES Trustees .-
NOES Trustees
Absent Trustees _.d�a�..
(,WCZ4AJ
City Clem and Ex-o Rio Merk of
the Board of Trustees of the City of
Huntington Beach, California.
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