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Home My WebLink AboutCC Ord 132 1926-12-02 I (" rwnv:. .J... i,-tAL C ORDINANCE NO 132 N.)T T0 '" - T ~ Opy . nr C "I: AKEN I=:<OM t: lry CLERK'S OFFICE AN ORDINANCE GRANTING TO INDUSTRIAL Fu~~ COMPANY; A CORPORATION; A FRANCHISE TO MAINTAIN. USE, OPERATE, REPAIR AND REPLACE A GAS PIPE LINE NOT TO EXCEED TWELEE INCHES IN DIAMETER UNDER AND.ALONG CERTAIN STREETS AND HIGHWAYS IN AND OF THE CITY OF SEAL BEACH. .. 1 The Board of Trustees does hereby declare the Industrial Fuel Supply Company has heretofore made app~ication in writing to said Board of Trustees for the franchise hereinafter described. and that on the 2nd day of September. 1926 said application came on regularly tobe heard and oonsidered by said Board of Trustees that and upon by order duly passed and adopted by the affirmative vote of all members of said Board of Trustees, it was ordered and stated that said Board of Trustees propose to grant said franchise, same to continue for a period of forty (~O) years from and after the date of granting same. upon the terms and conditions and re- strictions said order hereinafter stated; that in and by virtue of said resolution and order the City Clerk ofzid City of Seal Beach was described to advertise in the manner and for the time required by law. the fact that said application tot ffanohise has been made, together with the statement that it is 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 7th day of October, 1926. Section 2. That said Board of Trustees does therefore declare that said advertisement contained all of the statements. matters and things required by law, and the previous order of said Board of Trustees was duly prepared in the newspaper named in said order, for the time and in the manner required by law; that said Board of Trustees meet in open session in the room in the City Hall in the City of Seal Beach on the 7th day of October, 1926, at eight o'olock in the evening and regularly continued the opening of bids until eight o'clock P.M. October 21, 1926 and on said October 21, 1926. at eight o'clock P.M. at a regularl meeting -1- I Ordinance Number . . I of said Board of Trustees, then and there opened and read the bids for said franchise; that said Industrial Fuel Supply Company. a corporation, made the highest sealed bid therefore. to-wit, the sumoof $100.00 gold coin of the United States; that no person, firm or oorporation, present or represented. bid any greater sum therefore. and that said bid was the highest and best bid for said fra.nchise; 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 21st day of October, 1926. struck off. sold and awarded to said Industrial Fuel Supply Company. a corporation, that said Industrial Fuel Supply Company, a corporation, has deposited with the City Clerk of said City of Seal Beach the total sum afore said, that said Inaustrial Fuel Supply Company, a corporation, has filed with the Boa.rd of Trustees of said City of Seal Beach, a bond running to said City of Seal Beach in the penal sum of $500.00 and in the form and under the terms and conditions required by law. and that said bond has been regularly approved by said Board of Trustees. SECTION 3: It is hereby granted to said Industrial Fuel Supply Company, a corporation. its successors and assigns. said franchiee and privilege, the oharacter and purpose of it. of the terms for whioh it is granted. and the oonditions and restriotions of whioh are as follows, to-wit: A franchise to maintain. use, operate, repair and replaoe a gas pipe line not exoeeding twelve inohes in diamter under and along the following streets and highways of said City of Seal Beaoh, to-wit: 1 I Beginning with the northerly City limits and Westminister Road: thence southwesterly along Westminister Road, 14 feet west of and paralleled to the center line of street to the angle in said road; thenoe west along Westminlster Road. 19 feet north of and paralleled to the oentral line of street to Main street; thenoe southwesterly along Main Street 27 feet west of and parallel to -2- Ordinance Number , . I center line of street to the Ooast ~ Blvd.; thence westerly paralleling the center line of Coast Blvd. at adistance 16 feet north of center line to a point two feet westerly from the east boundary line of the Rancho Los Alamitos; thence southwesterly along and two feet west of said line to a point in Central Avenue 22 feet south of oenter line of street; thence southeasterly along Oentral Avenue 22 feet south of and parallel to oenter line of street to a point on the prolongation of the westerly boundary line of First Street; thence southerly to private right of way. Together with the right to carry, conduct and convey gas in and through said p~ipe line for light, heat and power purposes, together with the right to maintain, operate, construct. repair and replaoe such of the apparatuses and appliances in connection with said pipe line as may be necessary to safely and efficiently operate. maintain and use said pipe lin~. Said Franchise to continue for a term of forty (~O) years from day hereof. Said franchise and privilege is granted on the following terme and is subject to the following restrictions: (a) the grantee or grantees of said franchise and privilege its successors or assigns,which commences the operation of said pipe line within not more than four months from the granting of said franchise. (b) All pipes laid, located or maintained under said franchise and privilege shall Be so placed as not to interfere with the use of said street, alleys, lanes, highways or publiC places by the traveling public, or for public purposes, ln laying said pipes the grantee of said franchlse and privilege shall fill the trenoh and leave the surface of the street. alley, lane. highway, or public place in as good condition as it was prior to excavatlng for laying said pipe. and all pipes laid or maintained under said franchise and privilege shall be laid and located in conformity with instruct- ions given by and to the satisfaction of the Board of Trustees of -)- I I Ordinance Number .' said City of Seal Beach and the superintendent of streets. I ( c) The grantee or grantees of said franchise and privilege his or the succossors or assigns, must during the life of said franchise and privilege, pay to said Oity of Seal Beach two percent of the gross receipts of the person, partnership or corporation to whom said franchise and privilege shall be awarded, arising from its I use, operation or possession. (d) That it is the duty of the grantee of said franchise and privi- lege, its successors and assigns, to file with the Board of Trustees of the City of Seal Beach, or ths Clerk thereof, with the expiration of one year from the date of the granting of said franchise and privilege, and at the expiration of each and every year thereafter during the continuation of said franchise and privilege, astatement verified by the oath of the grantee, its successors and assigns, or by the oath of the manager or presiding officer therefore, showing the total gross annual receipts of the owner of said franchise and privilege, arising from the use, operation or possession by such owner of said franchise and privilege during the 12 (twelve) months immediately next preceding, and within ten days from and after the time of filing said statement it shall be the duty of the owner of said franchise and privilege to pay to the Oity Treasurer of said Oity of Seal Beaoh the aggregate sum of the said pereentage upon the amount of the said gross annual receipts arising from the use, operation or possession of the said franchise and privilege as aforesaid, considered and computed in the manner hereinabove providedl If the amount sowaid is incorrect, the Board of Trustees may order the payment of such additional sums as they may find due hereunder, and such additional sums, if not so ~aid, may be collected by suit. (e) The grantee or grantees of said franchise and privilege shall o I ithin ten days after the passing of the ordinance granting said franchise and privilege file with the Board of Trustees of said Oity of Seal Beach a written acceptance of the terms and conditions of -4-- Ordinance Number , I such franchise; such franchise and privilege shall be granted upon each of the conditions and provisions herein contained, and in consideration of the promise of the grantee hereof to keep and observe each of such conditions and provisions herein expressed to Be kept and observed by it, and in the acceptance of said franchise the grantee which agree to keep and observe each of said conditions and privileges. (f) Any neglect, failure or refusal on the part of said grantee, its successors or assigns, to comply with, keep and observe any of the terms, conditions and restrictions of said franohise and privilege which thereupon immediately effect a forfeiture thereof. (g) That said franchise and privilege hereby granted is no~, and shall not be, exclusive. SEOTION 4-: The City Olerk shall certify to the passing of this ordinance, and shall bau~esame to be published once in the SEAL BEACH POST AND WAVE, a weekly newspaper of general circulation, published and circulated in the Oity of Seal Beach, and there .s.fter shall same be in full force and effect. Adopted this 2nd day of December, 1926. I President of the Board of Trustee of the City of Seal Beach ATTEST: Ollie B. Padrick Oity Olerk of the Oity of Seal Beach J I, Ollie B. Padrick, City Clerk of the Oity of Seal Beach hereby certify that the foregoing Ordinance No. 132 was passed and Adopted by the Board of Trustees of the Oity of Seal Beach at a regular meeting therefore held on the 2nd day of Dec. 1926 by the following vote: -5- Ordinance Number .' , I AYES: Trustees, Walker, Transue, Wheat, John, DOlley. NOES: None ABSENT: None In witness hereof, I have hereunto set my hand and affixed the seal of the Oity of Seal Beach this 2nd day of December, 1926. Ollie B. Padrick Oity Olerk -I (Oopied from Ordinance Book 11 on February 2, 1950) I -6-