HomeMy WebLinkAboutCC Ord 118 1925-07-30
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ORDINANCE NO.llS
An Ordinance granting to the Southern Counties Gas Oompany
of California. a Corporation, a franohise t~ay, construct, main-
tain, use and operate. gas pipes in, under and along the streets,
alleys. lanes, highways and public places in and of the City of
Seal Beaoh.
The Board of Trustees of the Oity of Seal Beach do ordain as
follows:
SECTION 1: Said Board of Trustees does herebJ declare that Sou-
thern Counties Gas Company of Oalifornia has heretofore made an
application in writing to said Board of Trustees for the franchise
hereinafter described and that on the 7th day of May, 1925, said
applioation came on regularly to be Heard and considered by said
Board of Trustees; that thereupon bJ 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 restrictions in said order hereinafter stated; that
in and by virtue of said resolution and order, the City Clerk of
said City of Seal Beach was directed to advertise, in the manner
and for the time required by law, the fact that said application
for franchise has been made. together with the statement that it
proposed to grant the same upon said terms and subjeot to said
conditions and restrtctions and that sealed bids for said franohise
would be received up to eight o'clock P.M. on the 2nd day of July
1925.
Section 2: That said Board of Trustees does further declare that
said advertisement contained all of the statements. mtters and
things required by law and the previous order of said Board of
Trustees was duly published in the newspaper named in said order
for the time and in the manner required by law; that said Board
of Trustees met in open session in their room in the City Hall
in tbe Oity of Seal Beach on the 2nd day of July 1925, at eight
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o'clock in the evening and regularly continued~e opening of bids
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until eight o'clock P.M. Uuly 16. 1925 and on said July 16. 1925
at eight o'clock P.M. at a regular meeting of said Board then and
there opened and read the bids for said franchise; that said
Southern Counties Gas Company of California. a corporation. mads
the highest sealed bid therefor. to-wit. the sum of 8200.00 gold
coin of the United States; that no person. firm or corporation. ~e-
sent or represented. bid any greater sum therefor. and that said
bid was the highest and best bid for said franchise; that said
franchise was thereupon by an order duly passed and adopted byan
affirmative vote of the majority of the members of said Board of
Trustees on said 2nd day of July. 1925. stuck off. sold and awarded
to said Southern Counties Gas Company of California. a corporation;
that said Southern Counties Gas Oompany of California. a corpora-
tion. has deposited with the City Clerk of said City of Seal Beach.
the total sum aforesaid; that said Southern Counties Gas Company
of California. a corporation. has filed with the Board of Trustes
of said City of Seal Beach. a bond running to said City of Seal
Beach in the penal sum of $1.000.00 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.
SECTIQN 3: There is hereby granted to said Southern Oounties
Gas Oompany of California,. a corporation. 1. ts successors and
assigns. said franohise and privilege. th~ oharacter and purpose
of which and the terms for whioh it is granted and the conditions
and restrictions of which are as follows. to-wit;
A franohise to lay. oo~ruct, maintain. use and operate gas
pipes in. under and along the streets. alleys. lanes. highways
and public places in and of said City of Seal Beach; to carry.
conduct and convey manufactured and/or natural gas in and through
said pipes for light. heat and power purposes. together with the
right to lay. construct. maintain. use and operate all necessary
house and service connections and such other apparatus and appli-
ances in connection therewith as may be necessary to safely 'and
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Ordinance Number
efficiently operate. maintain and use said pipes and carry on ~e
business of supplying and selling gas and to supply and sell manu-
factured and natural gas or either thereof. to said City of Seal
Beach and its inhabitants thereof. to said City of Seal Beach and
its inhabitants for light, heat and po~er purposes.
Said franchise to continue for a term of forty (40) years
from date hereof.
Said franchise and privilege is granted on the following
terms and is subject to the following restri ctions:
(a) The grantee or grantees of said franchise and privile~,
his or their successors or assigne. shall in good faith commence
work to lay said pipes and to construct, install and equip a system
for furnishing gas pipes and to construct, install and equip a
system for furnishing gas to the inhabitants of said City within
not more than four (4) months from the granting of said franchise
and privilege and shall thereafter continuously proseoute said
work in good faith, so as to meet the reasonable needs of the in-
habitants of said City.
(b) All pipes laid. located or maintained under said fran-
chise and privilege shall be so placed as not to interfere with
the use of said streets, alleys. lanes. highways or publio plaoes
by the travelling public, or for public purposes; in laying said
pipes the grantee of said franohise and privilege shall fill the
trench and leave the surface of the street, alley. lane. highway
or public plaoe in as good condition as it was prior to excavating
for laying said pipes and all pipes laid or maintained under said
franchise and privilege shall be laid and located in conformity
with instructions given by and to the satisfaction of the Board
of Trustees of said City of Seal Beach and the Superintendent of
Streets.
(c) The grantee or grantees of said franohise and privilege,
his or their successors or assigns, must. during the life of said
franchise and privilege shall be awarded, arising from its use.
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operation or possession.
(d) That it i8 the duty of the grantee of said franchise
and privilege, its successors or assigns. to file with the Board
of Trustees of the City of Seal Beach, or with the Clerk thereof,
at the expiration of one year from the granting of said franchise
and privilege and at the expiration of each and every year there-
after during the continuance of said franchise and privilege. a
statement, verified by the oSh of the grantee, its successors and
assigns. or by the oath of the manager or presiding officer thereof.
showing the to~al gross annual receipts of the owner of said fran-
chise and privilege, arising from the use, operatlon or possessicn
by such owner of said franchise and privilege during the twelve
months immediately next preoeding and within ten (10) 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 City
Treasurer of said City of Seal Beach the aggregate sum of the
said percentage upon the amount of the said gross annual receipts
arising from the use, operation or possession of the said franchise
and privilege as aforesaid, coneidered and computed in the manner
hereinabove provided. If the amount so paid is inoorreot, the
Board of Trustees may order the payment of suoh additional sums
as they may find due hereunder and such additional sums. if not
so paid, may be colleoted by suit.
(e) The grantee or grantees of said franchise and privileiB
shall within ten (10) days after the passing of the ordinanoe
granting said franchise and privilege, file with the Board of
Trustees of said City of Seal Beach a written acceptance of the
terms and oonditions of such franchise; such franchise and privilege
shall be granted upon eaoh of the conditions snd 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 shall agree to keep and observe each of
said conditions and proviSions.
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(f) Any neglect, failure or refusal on the part of said
grantee, its suocessors or assigns, to comply with, keep and ob-
serve any of the terms. conditions and restrictions of said fran-
chise and privilege shall thereupon immediately effect a forfeiture
thereof.
(g) That said franchise and privilege hereby granted. is not
and shall not be, exclusive.
Section 4: The City Clerk shall certify to the passing of
thie ordinance and shall cause same to be published once in the
Seal Beach Post and Wave, a weekly newspaper of general oirculation,
published and circulated in the City of Seal Beach and thereafter
shall same be in full force and effect.
Adopted this 30th day of July, 1925.
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(SIGNED)- R. D. RICHARDS
President, of the Board
of Trustees of the City
of Seal Beach. California
ATTEST:OLLIE B. PADRICK - (SIGNED)
City Clerk of the
City of Seal Beach California
I. Ollie B. Padrick, City Clerk of the City of Seal Beach,
do hereby certify that the foregoing ordinance No.llg was passed
and adopted by the Board of Trustees of the City of Seal Beach at
an adjourned regular meeting thereof held on the 30th day of July.
1925 by the following vote:
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AYES: Trustees, Walker. Johnson. Walder. Transue, Richards.
NOES: Trustees, None
ABSENT: Trustees. None.
In witness whereof, I have hereunto eet my hand and affixed
tpe seal of the City of Seal Beach thi8 30th day of July, 1925.
(SIGNED) -OLLIE B. PADRICK
Sity Clerk of the
City of Seal Beach California
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