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HomeMy WebLinkAbout0024 ORDINANCE NO. 24. AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF ARCADIA, GRANTING TO CRAS. S. S. FORNhY AND HIS SUCCESSORS AND ASSIGNS, THE RIGHT TO CONSTRUCT, INSTITUTE, INSTALL, LAY AND J~INTAIN Uj,IDERGROUND CONDUITS, MAINS AND GAS PIPES FOR THE PURPOSE OF CARRYING, CONDUCTING AND DISTRIBU- TING COMMERCIAL GAS FOR LIGH.T, HEAT AND POWER IN AND ALONG THE PUBLIC STREETS, ALLEYS AND THOROUGHFARES OF THE CITY OF ARCADIA, FOR A TERM OF FIFTY (50) YEARS. THE BOARD OF TmrSTEES OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: Section ~. That in consideration of the payment of the sum of one dollar, lawful money of the United States, to the said City of Arcadia, said sum being the amount bid by Chas. S. S. Forney for said franchise, and said bid being the highest and best bid therefor received up to 7.30 o'clock P. M. of the eleventh day of April, 1910, at the office of the City Clerk of the City of Arcadia, for such franchise upon publication of a notice under the direction of the Board of Trustees of the City of Aroadia that such franchise would be sold having been made by the City Clerk of said City of Arcadia, for the term of and in the manner provided by law and in further consideration of the execution of a bond to said City of Arcadia in the penal sum of one Thousand ($1,000.00) Dollars as required by law, a franchise and the right and privilege is hereby grant- ed to Chas. S. S. Forney and his assigns to construct, institute and install, lay and maintain underground conduits, mains and gas pipes for the purpose of carrying, conducting and distributing and supplying to the inhabitants of the City of Arcadia a commercial gas for light, heat and power in and along the public streets, alleys and thoroughfares of the City of Arcadia, and to maintain and operate the same for a period of fifty (50) years. Provided, however, that the said underground conduits, mains and gas pipes shall at all times during the life of this franchise be con- structed, instituted, installed,. operated and maintained as herein pro- vided and the right and privilege is hereby and shall at all times be exercised and enjoyed in accordance with and subject to each and every of the terms and conditions of this ordinanoe and not otherwise. Section ~. That said grantee his suocessors and assigns, are hereby required to expend within the City of Arcadia and within one year - 1 - () /Lclvv/.-cY7'l-CA'- /20. ;;Z Y from and after the taking effect of this ordinance, not less than the sum of Five Hundred ($500.00) Dollars, in carrying out the construction of the enterprise contemplated under this ordinance and by the acceptance of this ordinance and grantee, his successors and assigns, agree to the conditions herein imposed. Section i. That said grantee or his assigns shall so construct and lay all underground conduits, mains and gas pipes so that the same shall not be less than 12 inches below surface of the street, alley or thoroughfare, and all conduits, mains and gas pipes shall be laid and kept air and gas tight at all times during the life of this franchise. Section ~. That it shall be lawful for said grantee or his assigns to make all necessary and needful excavations and openings in any of the streets, alleys or thoroughfares of said City in which they may desire to place said conduits, pipes and gas mains, or connections there- with, for the purpose in this ordinance mentioned; that there may be traps and manholes constructed along the said pipe lines for the purpose of affording aooess to the said pipe lines for cleaning and maintenance there- of, said traps and manholes to be so oapped and covered as to be flush with the street, alley or thoroughfare and not to interfere in any way with use of said street, alley or thoroughfare for travel or traffio. Said grantee or his assigns shall submit plans and speoifica- tions for the construction and laying of said pipes, conduits and gas mains, manholes and traps to said Board of Trustees, whioh said plans and specifioations shall be approved by said Board before work in oonnection therewith is oommenoed. All the work in this franchise mentioned shall be performed upon the public streets, alleys or thoroughfares of said City in exoavating for placing, installing, replacing, renewing and repairing the said conduits, mains and gas pipes, traps and manholes shall in striot compliance with the rules and ordinances which have been or may be adopted" by the said Board of Trustees and under the instruction and to the satisfaction of the Superintendent of Streets or the Board of Trustees of the City of Arcadia, where work is done under this franchise, said grantee or his assigns shall, as soon as practioable in the judgment of the Superintendent of Streets or Board of Trustees, restore the Streets, alleys - 2 - . CJ /1. c!{/}-'/. Cf/Vl.~c..-<.- Ilc. .;<' y or thoroughfares that have been disturbed to the same good order and con- dition in which they were prior to the commencement of such work, and the suface thereof shall be securely supported so as not to impair the use or enjoyment by the public of such streets, alleys or thoroughfares. Provided, further, that upon the grading or regrading or other improvements of said street, alley or thoroughfare said underground con- duits, mains, gas pipes, traps and manholes shall be taken up if necessary and relaid at the expense of the said grantee or his assigns, so as to conform to the conditions imposed in Section 3 of this franchise, and in case said grantee of his assigns shall fail, neglect or refuse to oomply with the provisions of this section or with the instructions of the Street Superintendent or Board of Trustees for ten days after service of written notice thereof upon said grantee or his assigns or upon the manager or agent of said grantee or his assigns in the City of Arcadia, or at the principal place of business of said Grantee or his assigns, then he, the said offioial or representative of the Board of Trustees, may enter upon the Streets, alleys or thoroughfares and do the work as ordered by the Board of Trustees, said official to keep an itemized aocount of the cost of said work, which the said grantee or his assigns, by the accept- ance of the rights and privileges hereby granted agree to pay immediately upon presentation to said grantee or his assigns or to such manager or agent stationed in Aroadia or at the prinoipal place of business of said grantee or his assigns. Section 2. That said grantee or his assigns shall oonstruct all neoessary flumes and culverts for the free passage of water over and under the pipes, mains, conduits, manholes and traps of said grantee or his assigns, and that all such flumes shall be constructed in accordanoe with plans and speoifications approved by the Board of Trustees of said City. Section ~. The City of Arcadia expressly reserves the right to pave, repave, maoadamize, remaoadamize, sewer, resewer, plank,replank, gutter or regutter, repair, alter or improve any of the streets, alleys or thoroughfares of the said City and to lay gas, water pipe and other mains and pipes therein, suoh work to be done so as to injure said grantee or his assigns, underground, conduits, gas pipes, mains, manholes and traps as - 3 - O/Ldvncvno:.- Jl-a, ~ L/ little as possible. Section I. That the said grantee or his assigns shall pay to the City of Arcadia during the life of this franchise all licenses that are now or may hereafter be required by said City for priveleges mentioned. The said grantee or his ass igns shall, during the 11 fe of this franchise, pay to the City of Arcadia, in lawful money of the United ~tatse, 2 per cent of the gross annual receipts of such grantee or his assigns, arising from the use, operation and possession of said franchise. No percentage shall be paid for the first five years succeeding the date of said franchise but thereafter such percentage shall be paid annually, and said franchise is to be forfeited by a failure to make the payments provided for. It shall be the duty of the gr~ntee of said franchise or his assigns to file with the City Clerk of the City of Arcadia at the expiration of Six (6) years from the date of granting of said franchise and at the ex- piration of each and every year thereafter, a statement verified by the oath of said grantee or of his assigns, or by the oath of the manager, secretary or presiding officer of the said grantee or his assigns, showing the total gross reoeipts and gross earnings collected and received by said grantee or hE assigns during the preceding Twelve (12) Months from all sales of gas to all consumers thereof within said City, and within Ten (10) days after the time of filing the aforesaid statement, and it shall be the duty of the said grantee or of his assigns, to pay to the City Treasurer of the City of Arcadia the aggregate sum of said percentage upon the amount of the gross annual re~pts arising from the use, operation and possession of said franchise, determined and computed in the manner here- inbefore provided. The Board of Trustees shall have the right to examine the books of acoounts of the grantee of this franchise, to ascertain the amount of the gross receipts thereof and to appoint an expert aooountant for that purpose. Any neglect, omission or refusal by the said grantee or his assigns to file said verified statement or to submit to an ex- amination of his books or to pay the said percentage of said gross annual receipts at the time or in the manner hereinbefore provided, Shall ipso' facto work a forfeiture of the franchise herein granted and of all the rights there under, to the City of Arcadia. - 4 - CJA~j{/VtO/YL<-C r0,;Q t/ Section 8. The work of constructing said gas plant or system shall be oommenced in good faith within not more than Four (4) Months from the date of granting this franchise, and shall be continueously prosecuted thereafter in good faith and without unnecessary delay or un- avoidable intermission. And the said work of construction shall be com- pleted within no more than Three (3) Years thereafter, and that if said work is not so commenced, prosecuted or completed, within the time or in the manner specified, said franchise shall be forfeited. Should the grantee or his assigns for Sixth (60) Days during and Six (6) Months of the life of this franchise, fail neglect or refuse to supply to the City ~ Arcadia or the inhabitants thereof constant or adequate gas service for light, heat and fuel said franchise shall be forfeited. Section ~. That said grantee, his successors or assigns, shall not sell transfer or assign any of the rights or priveleges granted by this franchise except by a duly executed instrument in writing filed in the office of the City Clerk of the City of Arcadia. Provided, further, that nothing in this franchise contained shall be construed to grant to said grantee or his successors or assigns any right to sell, transfer or assign this franchise or any of the rights or priveleges hereby granted except in the manner aforesaid. Section 10. That the said grantee of said franchise or his assigns shall within five days after this franchise is awarded, file with the Board of Trus tees of the City of Arcadia and during the life of this franchise maintain a bond running to said City, with at least Two (2) good and sufficient sureties to be approved by the Board of Trust8es, in a penal sum of One Thousand ($1,000.00) Dollars, conditioned that the said grantee or his assigns shall well and truly observe, fullfill and perform each and every term of said franchise, and that in case of any breach of the condition of said bond, the whole amount of the penal sum therein named, shall be taken and deemed to be liquidated damages, and shall be recover- able from the Principal and sureties upon said bond by action in any Court of competent jourisdiction. In case said bond shall not be so filed, the award of said franchise shall be set aside. - 5 - {)/~~a'7ZG6 /10, ;;z'I Section 11. That any neglect, failure or refusal of the grantee or his assigns to comply with any of the conditions of the said franchise, shall immediately ipso facto effect a forfeiture thereof, and the said City by it1s Board of Trustees, may thereupon declare said franchise forfeiture, and may exclude said grantee or his assigns from the further use or occupation of streets, alleys, or thoroughfares of said City under this franchise, and the said grantee and his assigns shall thereupon and immediately surrender all rights ip, and to the same and this franchise shall be deemed and shall remain null, void and of no effect, and the title to the said conduits, gas pipes mains, traps and manholes laid in said streets, alleys or thoroughfares shall thereupon and thereafter be and remain in the said City of Aroadia. Section g. This franchise is granted upof.l the express condition, that the Board of Trustees of the City of Arcadia reserves the right to regulate the charges to be collected by the grantee hereof, or his assigns, for supplying the City of Arcadia and the inhabitants thereof, with gas for light, fuel or heat; such charges to be annually fixed during the Month of June of each year. Section 12. 1be City Clerk shall certify to the passage and the. adoption of this Ordiaance by a vote two thirds of all the members of the Board of Trustees of the City of Arcadia, and shall post copies of the same in Four public places in the City of Arcadia for a period of two weeks, and thereupon and thereafter it shall take effect and be in full force. Adopted this 9th, day of May, 1910. H. A. UNRUH President of the Board of Trustees of the City of Araadia. ATTEST: A. M. STOUT G1ty Clerk City of Arcadia I State of California I SS. I , City Clerk of the City of Aroadia, State of California, do hereby certify that the whole number of members of the Board of Trustees of the City of Arcadia is Five and that on the 2nd, day of May, 1910, at a regular adjourned meeting of said Board, a quorum being present, the foregoing Ordinance was introduced and read, and that more - 6 - O~t/YZa/}"7-'c.e.- J1o. ;;Z V than Five days thereafter, to-wit: at a regular meeting said Board of Trustees held on the 9th, day of May, 1910, the same was passed and adopted by a two thiras vote of all members of said Board of Trustees, to-wit: by the following vote: Ayes: Messrs Unruh, Bowman, Nev~n and Compton Noes:: None Absent, Trustee Lawrence A. M. Stout City Clerk. - 7 - O,GCL-wr&CUvZC(... /20, ;2 Y