HomeMy WebLinkAboutCC Ord 112 1925-05-14
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ORDINANCE No. .LJ 1..,
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Al~ ORDIliAl'fCE OF TIG: BQ..lUlD OF TRUSTEES OF . - ; t
THE' CITY OF S8AL BEACH GRANTING TO LOS : '. ,.,,'
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ANGELES GAS J~ ELECTRIC CORPORATION A (,.1 ~ ~
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FRAI'ICHISE TO ERECT, COL{STRUCT. LAY .iUID I, -...... r- ~.
MA.INTAIN A SYSTEM OF WIRES AIID CONDUITS.. ~
FOR THE PURPOSB OF TRANSJJ.IITT ING AND DIS- \. 1
TRIBUTING JID:.ECTRICITY A.'ID ElECTRIC ENERGY \~'~ 1 '.,
FOR LIGHT, HEAT AlID POWER, .AlID ALSO TEIE- : ~', ~ ~ ~ \'
PHONE 'i/I.!li!lS IN CONNEOTION THEREWITH, OVER, ~ .- r
UNDER, ACROSS, ALONG .AlID UPON CERTAni , ~?\ ~ n
PORTIONS OF THE PUBLIC STREE:TS AND HIGH- \ '1100
WAYS WITHIN THE CITY OF SEAL BEACH, STATE . ~ ~ ~
OF CALIFORlUA.
The Board of Trustees of the City of Seal Beach do
ordain as follows:
Section 1. A francnise is hereby granted to Los Angeles
Gas and Electric Corporation, a corporation organized and exist-
ing under and by virtue of the laws of the state of California,
to ereot, construct and lay, and for a period of forty (40) years
from and after the date of the adoption of this ordinance to
maintain and operate, a system of wires and conduits for the
purpose of transmitting and distributing electricity and electrio
energy .for light, heat and power, and also in connection tllere-
with telephone wires, over, under, across, along and upon those
portions of the public streets and highways within the City of
Seal Beach, State of California, designated and described as fol-
lows, to wit:
1. Orange County Road, between the intersection thereof
with t~e Long Beach-Naples Highway, at or near the west line
of Section 11, Township 5 South. Range 12 West, San Bernardino
Base and Meridian. and the intersection of said Orange County
Road with ~irst Street in said City of Seal Beach.
2. Long Beach-~aples Highway, between said intersection
of said Orange County Road therewith and the interseotion of
said Long Beach-Naples Highw83 with the northwesterly line
of said li'irst Street as projected northeasterly.
Tjle terms and condit ions upon which this franchise is
hereby granted are as hereinafter in this ordinanoe set forth. .
Section 2. The grantee of this franchise, or its as-
signs, shall be required to file a written aooeptance of the
terms and oonditions hereof witn the Clerk of the City of Seal
Beach wi thin thirty d83S after the passage of this ordinance.
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Section 3. The grantee of this franchise shall have
the right, during the period for which this franchise is granted,
subject to the conditions contained herein and the regulations of
the Board of Trustees of the City of Seal Beach, to constl~ct,
operate and maintain its eleotric distributing and transmission
system for the purpose of conducting, transmitting and distribut-
ing electricity and electric energy for light, heat and power;
and shall have the right to furnish, distribute, sell, or other-
wise dispose of, electricity conducted or transmitted by means of
said system, and to collect charges for the electricity so dis-
posed of; and shall have the right to construct and maintain,
in conneotion with said system, any telephone lines necessary
to the operation of said system, and any and all necessary croSS-
arms, conductors, wires, insulators, and any and all other neces-
eary or convenient appliances or attachments; provided that no
portion of said ~stem, or the appliances or attachments thereof
shall be so located as to interfere with the use of the 'highways
for travel.
Seotion 4. The grantee shall have the right, subject to
such regulations as are n~/, or nereafter may be, in force, to
make all necessary excavations in said highwa;y's for the construc-
tion, maintenance and repair of said system. All material used
by the grantee of this franchise in the construction, maintenance
and repair of said ~stem shall be of good quality; and said ~stem
shall at all times be constructed, maintained and kept in repair
in a good and workmanlike manner.
Section 5. The work of constructing or repairing said
system, or any portion thereof, ehall be conducted with the least
possible hindrance to the use of the highwlliYB for purposes of travel;
and any and all portions of ti:le highv/a;y's which may have been ex-
cavated or otherwise injured by the grantee in the course of either
the construction or the repair of said system shall, as soon as
said construction or repair is completed, be placed in as good con-
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dition as the same were in before the construction or repair of
said system, or portion thereof, to the satisfaction of the Board
of Trustees of the city of Seal Beach; and the grantee of this
franchise shall hold said City of Seal Beach and its said Board
of Trustees and its other officers haDnless in case of any dam-
age or injury suffered by any person by reason of any excavation
or obstruction in said high\~ocoasioned by the construction,
ma.intenance or repair of said system, and shall be responsible for
any such da.mage or injury.
Section 6. It shall be the duty of the grantee to cause
any excavation or obstruction in the highw~s, made by it for the
purpose of constructing, maintaining or repairing said system, to
be barrioaded and protected by lights placed at distances of not
more than one hundred feet apart along such excavation or ob-
struotion, during all periods from sunset to sunrise during which
such excavation or obstruction shall exist.
Section 7. The Board of Trustees of the city of Seal
Beach may elect to repair any highw~ which the grantee may have
excavated or obstructed for the purpose of either maintaining or
repairing said system, under the terms of this franchise; and if
they do so elect, the reasonable cost of such repairs shall be a
Charge against the grantee which shall be paid within thirty days
after the presentation to the grantee by the City of a bill
therefor.
Section 8. The grantor reserves the right to change
the grade of any highw~ over which this franchise is granted, and
the grantee shall at once change the location of such system, or
any portion thereof, affected by such change of grade, so as to
conf orm thereto.
Section 9. If said grantee Shall fail to comply with
any instruotionD of the grantor with respect to the location of any
portion of said system, or the repair of any da.mage done by the
grantee to the h1ghw~s, within ten days after service of written
notice upon said grantee requiring complianoe therewith, then the
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grantor ~ immediately do whatever work is necessary to carry
out said instructions at the cost and expense of the grantee, which
cost by the acoeptance of this franchise said grantee agrees to
pay upon demand.
Section 10. The construction of said system shall be
commenoed in good faitn within not more than four months from the
granting of this franchise, and if not so commenced wi thin said
time this franchise shall be declared forfeited. The construction
of said system shall be prosecuted diligently and in good faith so
as to meet and fill tne reasonable needs of the inhabitants of
the territory for the service of whicn this franchise is granted.
Seotion 11. The arantee of this franchise, by acoepting
the conditions hereof, agrees that, in any proceeding for the pur-
pose of regulating the rates of the grantee. no greater value shall
be placed upon said franchise than the actual cash paid therefor
by the grantee, and any violation of this agreement shall ipso
faoto work a forfeiture thereof.
Section 12. A prompt and complete compliance with each
and every condition hereof imposed upon the grantee io hereby de-
olared to be the essenoe of this franchise, and for the failure to
observe, comply with and perfo~, in the manner and at the time
herein specified, each and all the conditions and obligations
herein imposed upon the grantee, this franchise shall immediately,
without further action or notice on the part of the grantor, be-
come null and void, and all the rights of the grantee hereunder
shall thereby be forfeited.
Section 13. The said grantee shall, during the life of
this franchise, pay to the City of Seal Beach, in lawful money of
the United states, two per cent (2%) of the gross annual receipts
of such grantee arising from the use, operation or possession of
this franchise. No percentage shall be paid for the first five
years euoceeding the date of this franchise, but thereafter such
percentage shall be paid annually.
Section 14. It shall be the duty of the grantee of this
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franchise to file with the Clerk of the said Board of Trustees
of the City of Seal Beach, within thirty days after the expiration
of six years from the date of the granting of this franchise, and
within thirty days after the expiration of each and every year
thereafter, a statement verified by the oath of said grantee,
or by the oath of the manager or presiding officer of said grantee,
showing in detail the total gross receipts and gross earnings col-
lected or received by said grantee during the twelve months last
preceding such expiration for the furniShing and distribution of
eleotricity or electric energy for light, heat or power through
any part of the system for the construction and operation of which
this franchise is granted, and within ten days after the time
for filing the aforesaid statement it shall be the duty of said
grantee to pay to the Treasurer of the City of Seal Beach the
aggregate sum of the said percentage upon the amount of the
gross annual receipts arising from the use, operation or pos-
session of this franchise, and if the amount paid is incorrect,
in the judgment of said Board of Trustees of the City of Seal
Beach, they may order the p~nt of such additional sum as
they may find due thereunder, and if not paid the same may be
colleoted by suit. Any negleot, omission or refusal by said
grantee to file said verified statement, or to pay the said
percentage of the said gross annual receipts at the time or in
the lnanner hereinbefore provided, shall ipso facto work the for-
feiture of this franchise and of all rights thereunder to the
City of Seal Beach.
Section 15. Said grantee shall not sell, transfer,
assign or lease this franchise, or any part thereof, or any of the
rights or privileges granted thereby, excepting with the consent
of the Board of Trustees of the City of Seal Beach; and such
sale, transfer, assignment or lease shall be made only by a duly
executed ins.rument in writing filed in the office of said Board
of Trustees of the City of Seal Beaoh; and nothing in this fran-
chise contained shall be construed to grant to said grantee any
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right to sell, transfer or assign or lease this franchise, or any
of the rights or privileges hereby granted, except in the manner
aforesaid.
Section 16. The grant of this franchise is and shall
be effective only upon the further condition that the grantee
now has on file with the Board of Trustees of the City of Seal
Beach, and at all times during the life of this franchise Shall
keep on file with said Board of Trustees, a bond running to
said City of Seal Beach in the penal sum of one thousand dollars
($1.000) with at least two good and sufficient sureties, to be
approved by said Board of Trustees, conditioned that said
grantee shall well and truly observe, fulfill and perform eaoh
and every term and condition of this franchise, and that, in
case of any breach of 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 recoverable from the principal
and sureties upon said bond. If said bond be not so filed and
kept on file, this franchise shall be void and of no effect, and
any money paid therefor shall be forfeited.
Section 17. This ordinance shall go into effect after
thirty d~s from its final passage, and, prior to the expiration
of said thirty days from its final passage, shall be published
once in the "Seal Beach Post and Wave", a weekly newspaper of
general circulation printed and published in the City of Seal Beach,
State of California, together with the names of the members of the
Board of Trustees of the City of Seal Beach voting for and against
the same.
(}())~
President of the Board of Trustees~
of' the City of Seal Beach,
state of California.
Attest:
w~ a.P~
Clerk of said City of Seal Beach.
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1. OLLIE B. PADRICK, Clerk of the City of Seal Beach,
State of California, do hereby certify that, at a regular meeting
of the ~oard of Trustees of said City of Seal Beach held on the
Yf-r:A. , d'
- day of , 1925, the foregoJ.ng or J.nance,
consisting of 17 section
was introduced before said Board of
Trustees; that at a regular meeting of said B~rd of Trustees
of said City of SeaJ. Beach held on the -11J -dBiY of _~,
1925, at which meeting there were :present Trustees _(~
(President presiding). _'.AJ 4A) {A. )af~
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and
. and the Clerk of said City of Seal
Beach, the said ordinanoe v~s passed and adopted by said Board of
Trustees following vote: ayes, Trustees Je.. ,A.... ~ e.,
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and
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absent,
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of said City
I have hereunto set my hand and
of Seal Beach, this J I-/- ~day
Il~ WITNESS \'THEREOF.
affixed
the seal
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of
. 1925.
tOll. : \ Y?7. f!1ot/tA;.Ie .
Clerk of said City of Seal Beach,
State of California..
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