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HomeMy WebLinkAbout2628 RESOLUTION NO. 2628 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECU- TION OF AN AGREEMENT WITH SOUTHERN COUNTIES GAS COMPANY 'fHE elrry COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the public convenience, welfare and necessity require the installation of stub services to certain un- improved real property in the City of Arcadia, concurrent with the widening and improvement of Baldwin Avenue, Second Avenue and Duarte Road in said City, and the execution of a contract for such installation, the payment of the cost thereof by the City of Arcadia, and the reimbursement of the City of such costs when such stub services are connected to adjacent properties. That the in- stallation of such services must be made at this time in order to prevent the cutting, trenching and patching of newly improved streets soon after the completion of such improvements, causing lasting detriment to such public improvements and serious and unnecessary inconvenience to the traveling public. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute for and on behalf of the City of Arcadia an agreement with the Southern Counties Gas Company for the installation of such stub services, the payment of the cost thereof by the City of Arcadia, and the reimbursement of the City of Arcadia of such costs, all upon the terms and conditions of the agreement submitted herewith and approved as to form by the City Attorney and as to content by the City Manager. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted 2628 ,..o~ - 1 - at a regular meeting of the City Council held on the 17th day of . . May, 1955, by the affirmative vote of at least three Councilmen, to-wit: 'AYES; Councilmen Camphouse, Dennis, Dow, Hulse and Phillips NOES: None ABSENT: None ~t?~ Deputy Ci y Clerk of the City of Arcadia SIGNED AND APPROVED this 17th day of May, 1955. ~~~ ATTEST: ~l:~ - 2 - 2628 CONTRACT tOR STUB SERVICE(S} V'1'l tr (' .,' SOUTHERN COUNTIES GAS COMPANY Ot CALltORNIA THIS AGREEMENT, ENTERED INTO THIS DAY 0' BY AND BETWEEN SOUTHERN COUNTIES GAS COMPANY Ot CALltORNJA, ,19_, THE fiRST PARTY, AND 1 THE SECOND PART___, WITNESSETH: IN CONSIDERATION 0, THE ,IRST PARTY INSTAlliNG STUB SERviCE THE PROPERTY lOCATED AT ANO MORE PARTICUlARly'-DESCRIBED AS ,0llOWS: TO . LOT NUMBERS STREET TRACT NUMBER THE SECOND PART --- TO COVER THE COST THE F'IRST PARTY IS AGREE TO ADVANCE TO THE rlRST PARTY THE SUM or $ 0, CONSTRUCTING SAID STUB SERVICt_, THE RECEIPT HEREBY ACKNOWLEDGED. or WHICH SUM By IT IS rURTHER UNDERSTOOD THAT THE rlRST PARTY AGREES TO RErUND TO THE SECOND PART ,WITHOUT INTEREST, THE SUM or $ fOR THE INITIAL BONA fIO'( GAS CUSTOMER WHO IS CONNECTED TO (EACH)(SAID) STUB SERViCE WITHIN 7 YEARS rROM THE DATE or THIS CONTRACT, PRDVIDED THAT NO REr~ND WI~~ BE MADE UNTI~ A CUSTOMER HAS BEEN CONNECTED AND USED ~AS rOR AT ~EAST THIRTY DAYS, AND PROVIDED THAT RErUNDS or SAID ADVANCE WI~l ONLY BE MADE IN THE ....NNER DESIGNATED, AND IN NO OTHER MANNER WHATSOEVER, AND PROVIDED THAT THE TOTAL AMOUNT SO RErUNDED SHAll NOT EXCEED THE NET AMOUNT ADVANCED; A~D PROVIDED rURTHER, THAT ANY AMOUNT NOT RErUNDED UPON THE ABOVE BASIS AT THE END or 1 YEARS ,ROM THE DATE HEREor SHAll REMAIN THE PROPERTY or THE rlRST PARTY rREE rROM ANY C~AIM or S~COND PART___ NEITHER THIS CONTRACT NOR ANY PART THEREor, NOR ANY MONEYS DUE OR TO BECOME DUE HEREUNDER, SHA~~ B~ ASSIGNED WITHOUT THE WRITTEN CONSENT or rlRST PARTY, AND IN THE ABSENCE or SUCH CON~ENT NO SUCH ASSIGNMENT OR ATTEMPTED ASSIGNMENT Wll~ BE RECOGNIZED BY F'IR5T PARTY. THIS AGREEMENT SHA~l AT All TIMES BE SUBJECT TO SUCH CHANGES OR MODlrICATION' BY THE PUBLIC UTllITIFS COMMISSION or THE STATE or CAllroRNIA, AS SAID COMMISSION'MAY FROM TIME TO TIME DIRECT IN THE EXERCISE or ITS JURISDICTION. IN WITNESS WHEREOt, THE PARTIES HERETO HAVE CAUSED THEIR NAMES TO BE HEREYNTO AFfiXED THE DAY AND YEAR fIRST A80VE WRITTEN. ( SOUTHERN COUNTIES GAS COMPANY Ot CALIFORNIA FIRST PARTY ( ( By ( SECONO PART_l (