HomeMy WebLinkAboutCC Res 850 1954-10-05
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RESa.UTION NO. "Tv
A RESa.UTION OF THE CIlY COONCIL OF THE CIlY
~iI~~J~aaER~~F~~~:~~T~ WATER
SERVICE ~TRACT BETWEEN THE CITY AND THE
UNITED STATES OF AMERICA
5 WHEREAS, there has been presented to the City Council of the
6 City of Seal Beach by the Public Works Officer of the Eleventh
7 Naval District a certain prop~d negotiated water service contract
8 entitled .Contract NOy(U) 8!;678 DEPARTMENT OF THE NAV'l NEOOTIATED
9 WATER SERVICE CONTRACr-, a copy of which is attached hereto and
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10 made a part hereof, and,
11 WHEREAS, the City Council has considered said contract and
12 discussed the terms and conditions thereof with representatives of
13 the U.S. Naval Net and Ammunition Depot at Seal Beach and represent
14 atives of the Commandant Eleventh Naval District and the Public
15 Works office of the Eleventh Naval District, and
16 WHEREAS, the City Council of the City of Seal Beach believes
17 it to be in the best interests of said City to enter into a contrac
18 similar to that proposed;
19 NOW, THEREFORE, the City Council of the City of Seal Beach,
20 California, does resolve as follows:-
21 ~: That the City Council of the City of Seal Beach
22 approves said attached contract in principle.
23 ~ECTl;~ 2: That the City Clerk of the City of Seal Beach shal
24 certify to the passage and adoption of this Resolution by the City
25 Council and send two certified copies thereof to the Public Works
26 Officer, Eleventh Naval District, San D1ego, California.
27 PASSED, APPROVED AND AJX)PTED by the City Council of the City
28 of Seal Beach. California. at a regular meeting thereof held on the
29 5th day of October, 19!;4.
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STATE OF CALIFORNIA ~
COUNTY OF ORANGE
CITY OF SEAL BEACH '
ss.
Reso~ution Numb~
'\
.- '.,
I, F.W. HICKMAN, City Clerk of the City of Seal Beach and
ex-officio clerk of its City Counci~do hereby certify that the
above and foregoing Resolution No. r~~ was regularly passed,
approved and adopted by the City Council of the City of Seal Beach
at a regular meeting thereof he d on,the 5th day of October, 1954,
by the following vote:
AYES, Councilmen ,I:".J.".v;J~.qAt J.IO#"'!t1J J.""'H,M~ c,.AJ.II"
NOES, Councilmen ~I)~~
ABSENT, Councilmen C!. /..A H.I(
PASS, Councilmen AI,AlJ,,~
Dated: October ,tA 1954.
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Resolution Number
NA'VDoCK3 504,
ReVis!'!<1' ~ 's8R: 1'959
Contract NOY(U) 85678
DEPARTMENT OF THE NAVY
NEGOTIA'mD W.ATER SERVICE CONTRACT
u. S. Naval Ammunition &: Net Depot. Seal Beach. cal1fo~~a
. and '
t'.. 's. Milval All' Sta't10nl-Los Aiami tO& (Lot'll!: Beach) I California
\ prem18es to be. servln'l1 '
City of Sea~ Beach
\Contractor)
Seal Beach. Cal1forn.1a
leon~raCl;ors AC11IFess) ,--
Premises are Government owned.
$6.200,00 NA&ND Seal Beach
~BtiMated Annual costs Hereunder $~,800.b? NAS Los Alamitos
~ota1 when both Stat10ns are connected .10yOOO.OO
Connection Charge $102.362.00
Invoices are to be billed in quadruplicate to Commanding
Officers of activities rece1ving service, but submitted to
the District Public Works Office (uti1itie, Division).
Eleventh Naval ~lstr1ct.,1220 Pacific Highway. San Diego
32, california.
payments 1'1111 be JlI8.de l;>y U. S. Navy Reg'lQnlll ,Arcounts Office.
Eleventh Naval District. San Diego. calitornia.
Offlcer in Charge of this contract:
, Di~trlct Public Works Officer
Eleventn Naval Dlstrlct
San Diego 32. California
Thi.B negot'1ated contract 1s made pursuant to the provisions
of Section 2 (c) (1) of the Armed Services Procurement Act
of 19li7 (Public :taw 413. 80th Congreso). and any required
determination and findings with respect thereto has been
made.
,
NOTE: ApPrOpriation Chargeable:
The ~ppropr1ation or fund. ob3ect classification.
expenditure account. bureau control. allotment or
project order n~ber. and ~he accountable activity
or activities and accountlng number or numbers, as
applIcable will be shown on each voucher at time' of
liquidation of invoices.
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Resolution Number
Contract NOY(U) 85678
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DEPARTMENT OF THE NAVY
NEGOTIATED WATER SERVICE CONTRACT
THIS CONTRACT, entered into as of th1s day of
, , 1954 by and between the Clty or Seal
Beach, a Municipal Corporat1on organized and existing under
the laws of the State of californ1a, act1ng by and through
, '
herelnarte~ called the
"City" and the UNITED STATES '0' AMERICA, represented by the
Contracting Officer executing th1s contract, herernafter
called the "Government".
,
WITNESSETH
WHEREAS, the water supply to the Navy prem1ses t6 be
served by this agreement 1s from water Wells located there-
on, and
WHEREAS, the water level 1'1'1 these wells has been de-
clin1ng each year until at present the level is below Sea
level, and
WHEREAS, the Government des1res to enter into an agree-
ment with the City to provide for an outs1de source of fresh
water for the Naval Ammunition & Net Depot, Seal Beach, and
the Naval Alr Statlon. Los Alamltos, 1'1'1 accordance with
Engineers report uProposed Additional water Supply t~.W.D.)
for Portions of West Orange County of November ;1.953 " , .
, .
NOW, THEREFORE, in consideration of the premises, the
partie" hereto agree as follows:
1. Sco~ and Term of Contract (a) Subject to the
terms and COncllt1ona hereinarter sef' forth, the City shall
sell and del1ver to the Government, and the Government shall
purchase and receive from the City. fresh treated nter, ,
supplied by the Metropolitan water District. as required bt
the Government tor the Naval Ammun1 t10n & Net l)epot., Seil' '
Beach, ana Nav~l Air Station, Los Alam1tos. '
(b) This contract shall continue in effect for a
period of 60 years unless terminated in accordance with
Sect10n 3 (.c) of this contl'&:ct. The Government shall have
the r1ght to discontinue service hereunder at'any time,
but suoh disoontinuanoe shall not effect a terminat10n of
this contract. '
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Resolution Number
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(c) For and in consideration of the faithful per-
formance of the stipulations of this contract, the City
shall be paid by the designated disbarSlng'office or officer
for service herein contracted for at the rates and under
the terms and conditions herein set forth.
2. The City agrees to enter into such agreement with
the West Orange County Water Board, The Orange county MUni-
cipal Water District, The Metropolitan Water District, The
City of Huntington Beach, Water Works District No. 3 Garden
Grove, Water Works District No.5 westminster, and such
others as may be necessary to provide the additional fresh
water supply and facilities from Metropolitan Water District
to portions of West Oran~e County as described in the
Harrison and Woolley Engineering report transmitted to the
Honorable Executive Committee of the orange County Municipal
Water District Survey Fund Committee, City Hall, Huntington
Beach, California on November 18, 1953. In addition to pro-
Viding fresh water for its own use, the City shall have
available for Navy use at the points of delivery described
herein 0.93 cubic feet of water per second.
3. (a) The Government Shall pay the City a non-refund-
able connection charge of ~102,362.00. Payment of the
connection charge shall be due when the City's water main
extension is completed and fresh water supply is available
at the points of delivery.
(b) uPon application by the City and subject to
approval of the Comptroller General of the united States,
advance payment of a portion of the connection charge will
be made.
(c) The Government reserves the right to terminate
this contract at any time prior to completion of the City's
enlarged Supply Main. In the event the Government exercises
such right, fair compensation with respect to such facilities,
exclusive of profit, will be provided for the City.
4. Points of Delivery, (a) The City agrees to provide
in its main three valved connections for Government service
connections at pOints designated by the Government prior to
award of the construction contract.
.. (b) The City agrees to operate, maintain, repair,
and replace all facilities necessary to provide service
specified under this agreement.
5. Measurement of Service. The City shall install,
operate, and maintain adequate equipment for measuring the
total quantity of water delivered to the Government.
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Resolution Number
. ,6. Rates and Charges. (a) POI' all service furnished
under th1s'con~rac~. ~he Government shall pay the City the
slim ot Twenty-seven dollars ($27.00} per acre foot for all
water'furn1shed to Government.
(b) The rate of $27.00 per acre foot is based on
a cost to the City of $20.00 per acre foot for treated water.
$1.40 per acre foot charge for service from the Orange County
Mun1cipa~ water District, and $5.60 per acre root for opera-
tion. maintenance. repair and replacement of the _tel' main.
In case of increase or decrease in cost to the City tor
treated water or service charge by the Orange County Municipal
wate~ District said increase or decrease shall be made in
Government rate upon 30 days notice to the Government in
writing.
(c) The City shall render statements for service
here~nder monthly.
7. The City shall indemnify. protect. and hold harmless
the Government and its officers. agents. and employees against
any and .11 service of action, 1iab1lity. or claim arising out
of the furnishing of the water service provid~d in th1s con-
tract.
8. Permits. (a) The Government hereby grants to the
Ci ty the r1ght to enter the "Measurement of service" location
at all reasonable hours, for any proper purpose under this
agreement. It is expressly understOOd, however, tha~ proper
mil1ta~'or dovernmental authority may limit or r,strict the
right of acc.ss herein granted in any manner consid!!red by
such authority to be necessary for national security.
(b) The City shall g~ant and convey to the Govern-
ment at no cost to the Government perpet~al rights of way
and easements on, over, under. and across public s~~ets
and/or other 01ty owned pro~rty for ~he construction of
water 1i~s -to co~ect to the Ci~y _'-no The 1nstrument
grant1ug and conveying such rights and easements shall
convey to the Government. the right to construct, recon-
- strilct. opera'te', maintaIn, repa1r, a.nd remove water lines
and t~ ~onn.ect water l1rie.","9. the Ctt~ls main serv1nl,Ltp-e
(Jo\r'~nl; ",-ct1v11;1es. ,lending the execution and delivery
of ilu~h lnlltrument"Qr instruments Of c-onveya.nge to the
Gov~mment. the (JoveMlm!tnt hereQY', ~~ SJ'Boted a:l,;I. of the
aforementioned r1ghts and interes1;~r 1n sa~d streets and
l1ites Which can be granted h4'reunder.
9. Off c1aIs ot to Benefit. No member of or delegate
to Congress, or res en comm ss oner shall be admitted to
ant ,s~re or' part of th1s contract, or to any benetlt that
mlC7'ar1se tMretroinJ bUt this provis10n lJhall not be con...
strued to extend to th,"s contract it made with a corporation
tor its general benefit.
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Resolution Number
" ':''iof.;:e6"eiiirlt"~~'G1tilSt. 'Continglmt Fees. The dlty 'We;r~~'t'B' ,\
t~t. nQ,':p'erso~r. JI 1il)g agency bas. been employed ot' ret~ln(td \
to iJQUc:l,.t, or" secure'...t;h1ll contract upon an agreement or 'Under..
atanding tor a commission. percentage. brokerage; ~or contingent<
fee. excepting bona fide employees or bona fide e8tabli'he~
commercial or selling agencies maintained by the City f6r the,
purpose of securing business. For breach or violation of this'
w4rrant~. the Government shall have the right to annul this
contract without liability or in its discretion to deduct ,from
the contract price or consideration the full amount of such "
commission. percentage. brokerage. or contingent fee.
11. , 'Assignment of Claims'. No claim against the Govern-
ment under th,"S contraot Shall be a8'Signed. The Government's
right. title and 1nterest in this contract may be assigned to
any future occupant of the Government premises SUbject to any
such occupants' right to reaQsign to other future occupants
of the premises.
12. Convict Labor. In 'connection with the performance
9f work under tn1s contract. the City agrees not to employ
any person undergoing sentence of imprisonment at hard labor.
13. Nondiscrimination in Employment. In'connection with
the performance of work under this contract, the City agrees
not to discriminate against any employee or applicant for
employment because of race, creed. color. or national origin;
an~ furt~er agrees to insert the foreg91ng p'rovl~ion~,ln ~11
~ubcontracts hereunder except subcontracts for standa~d
commercIal supplies or for raw materials.
.
14. Di~~te~ . Except as ot~r,W1se proVided in, this COI).-
tract. any spu e concerning a question of fact ari~~ng under
this contract which is not disposed of by agree~nt shall be
decided by ttie Contracting Officer. wbo shf.ll reduCI bis de-
cis10n to writ1ng and mail or otherwi,e furnis~ a coP.7 thereof
to I the contractor. Within 30 days from the date 01" reqElip~ of
8UC~ copy. the Contractor may appea,l by, mailing .(II' ~~herwise
turQishing to the Contracting Officer a writteQ appeai ad-
dress~d to, t,he Secretary I and th~ decisio~ Of the S~c~~ary
or hi~ duly authorized representative for the hearing'~f such
a~~ shall. unless determined by a court of comPetent'
3unsd1c.t101'1 to have been: fraUdule~t o~ c::ap'rlclou~: or .t-bt-
trlli.7i, or 110 groSSly erroneous as ne.cessarily to tiP17 bad
fa1~h, or not supported b7 sl1)Jstantlal eV14epc,. ~ f1~l
and,conc1us1ve; ~rov1ded, that if no such appeal is taken.
the decis10n of 'the contracting Office~ shall be'tinal and
conclus1ve. In connection w1th anY appeal proce,d1ng under
this clause. the Contractor shall be afforded an opportun1ty
to be beard and to offer evidence !n support of its appeal.
Fending Una1 decision of a 'disput:e hereunder. tJie contractor
shall proceed d11igently with the pe~formance of the contr.ct
and 1n accordance with the contracting Offlc~r'8 decision.
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Resolution Number
" ,~S': ,:'~~f:liii~ions. As used th~oughout t;tJ1d conttact, the
follo,wing '~erms ,hall hilVlt the meanings set i'ortb below:
, '
(a) The term "Secretary" means, the Secretary, the
under Secretary, or any AsSistant Secretary ot ,the Department
and the head or any assistant head of the executive agency;
and the teX'Jll "his duly authorized representative" means any ,
person or persons or board (other than the contracting Officer)
authorized to act for the Secretary.
(b) The term "Contracting Officer" means the per. on
executing this contract on behalf of the Government, and any
other officer or civilian-employee who is a properly designated
contracting Officer; and the term includes, except as other*ise
provided in this contract, the authorized representative of a
contracting Orficer acting within the limits of his authority.
'c) Except as otherwise prov1ded 1n this contract,
the term Subcontracts" includes purchase orders under this
contract.
16. Gratu1ties. (a) The Government may, by written
notice to 1:he Clty, term1nate the r1ght of the C1ty to pro-
ceed under this contract 1f 1t 1s found, after notice and
hearing, by the Secretary or h1s duly authorized representative,
that gratu1ties (1n the form of enterta1nment, g1fts, or bther-
wise) were offered or given by the City, or any agent or repre~
sentative of the C1ty, to any otficer or employee ot the
Government with ,8 view toward securing a contract or securing
favorab1e treatment with respect to the performing, of such
contract; ~ovided, that the existeMe of the facts upon
which the creury or his duly author1zed representative
makes SUQh't1ndings shall be 1n issue and may be reviewed
in any competent court.
(b) In 'the e,vent this contract 18 terminated as
pl'Ovided i~ paragraph (a) hereof, the ~vernme1;1t shall be
ent1.tled (1) to pursue the same remedies against the City
as U could pursue in the event of a breach ot contract by
the City, and (11) as a penalty 1n add1tloQ to any other
damages to whiCh it may be entitled by law. to ex~mplar.r
4amage~ In .nr amount (as determined by the Secret&r7 or'h~s
duly aut;hor1zed representative) W1l1ch shall be not leB8' than
three or more than ten times the coate incUrred by the City
1u provid1ng any such gratuit1es to any such off1cer or
employee.
, . {c) The rights and remedies ot the Government pro-
vided in th18 clause Shall not. be exclu,ive and are 1n add1tion
to any other rights and remedies provided by law or under this
contract.
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Resolution Number
.. " 17.' :'Examination 01' ,Records. (a) The c~ntraC'~or:;-;ag~B;~~~:
that.'tlil:':jcomp;t;ro)..Ler~oenera~..ol' ,the un1ted state'" or.-any -of:'" '-.
hiB 'lJllli ;;aut;noriz~~,;ioeprelSe.ntat1ve8 shall. until tne expira- '
tion of'three years'after final payment under this contract, ,
have .cces8 to and the r1ght,to examine any d!reot1y per-
tinent books, documents, papers e.nd records of the Contractor
involving transactions related to this contract.
(b) The contractor further agrees to include in all
his subcontracts hereunder a prOVision to the effect that the
Subcontractor agrees that the Comptroller General of the united
states or any of his duly author1zed representatives shall,
until the expiration of three years 4fter 1'1na1 payment under '
the sub~ontract, have access, to and the right to examine ,ny
directly pertinent bookS, documents. papers. and records 01'
such subcontractor involving transactions related to the sub-
contract. The term "subcontract" as used ln th1s clause
excludes (1) purchase orders not exceeding $1,000 and (ii)
subcontracts or purchase orders for public utllity serv1ces
at rates established for uniform app11cability to the general
public.
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Resolution Number
, '-~ wi/bids WiiEPo;~ the parties 'here~o Have e)t&cUefa
this contl'8ct all oil the, day and '~ar fir8t above wr-itten. .
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THE UNITED STATES OF AMERICA
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By , ,
, Clvll Enginee!" COrp8, U.~.N"
pOl' Chief' of tl\e BUreau f - ,
yards and Docks, NaV7 ~rtment
.J
CITY OF SEAL BEACH
(Contractor)
By
T1tle
C E R T I FIe ATE
I certify tha t I am
the , I Secretary of the
corporation name~ as Contractor in the foregoing contract;
that, who signed said cOhtract
. on behau or t6e contrac~or was then, ,
of 8a1d corpOration; tha Baid contract was d~ly 81gneo ror
and 1n behalf of 8aid corporat1on by authority of 1ts govern-
ing body and is w1th1n the scope of its corporate powers.
(corporate Seal)
'l'YPBWRITE OR PRINT NA~S tINDER
ALL SIGNATURES.
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1
ORDINANCE NO.
2 The people of the C1ty .1' Seal Beach, California, do
3 ordain as follows:
4
Section 1. That it shall be unlawful for any person~
5 either as' princ1pal, agent, or employee, or otherwise, to keep,
,6 conduct, or maintain within the City .1' Seal Beach, ,Ca11fornia, any
7 house, rOom, apartment, stand, o~ place used in whole or in part as
8 a place where any game not mentioned in Sect10n 330 of the Penal
.
9 Code or the state 'of Calif~a is played, conducted, dealt, or
10 carried on w.I. th cards, dice, or other device for money, Checks,
11 chips, predit, pennants,1cigars, candy, merchand1se, or other va1u-
12 able thing or representative, .1' value.
13
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That it shall be unlaw~ul l' or' 8:!l:Y" person,
Section 2.
14 either as principal, agent, employees, or otherwise, knowingly to
15 allow er permit any house, room, apartment, stand, Or place owned
16 by him or under his charge or control in the City 1'1' Seal Beach,
17 California, to be used in while or in part as a place for playing,
18 conduoting, dealing or carrying on any game not mentioned in Sec-
19 tion 330 or the Penal Oode of the State of California, with oards,
20 dice, or other device for money, cheoks, ohips, oredit, pennants,
21 cigars, candy, merchandise, or other valuable thing, or represen-
22 tative of value.
23
Seoti on 3. That it shall be unlawful for any person te
24 play or bet at or against any game not mentioned in Seotion 330 of
25 the Penal Code of the State of California which ~s played, conduc-
26 ted, dealt, or carried on with cards, dioe, or other device, for ,
27 money, checks, ohips, credit, pennants, oigars" candy, merchandise,
28 or other thing or representative of value in any public place with-
29 in the City or Seal Beach unless such place is the holder of a
30 valid permit or license as provided in Section 8 of this Ordinance.
31
Section 4. It shall be unlawful for any person, firm, c
32 partnership, or oorporation to allow or permit any person or
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Resolution Number
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1 persons to play or engage in the playing of any game not mentioned
2 in Section 330 of the Penal Code of the State of California, in any
3 public place within the City of Seal Beach, except in the area des-
4 cribed in Section 13 ot this Ordinance.
5
Section 5. It shall be unlawful tor any person. firm. or
6 corporation to keep. maintain. or have in his or its possession. or
7 under his or its oontrol. either as owner, lessee. agent. employee,
8 mortgagee. or otherwise. any punch board. any table. game. or device
9 oommonly mown as a "marble ~amen. or "pin game". or "pin ball gamell,
10 .r any device similar thereto. ths operation. use. or play .t Which
11 is oontrolled ~y placing therein any coin. plate. disc. plug. key,
.
12 or other device. or by the payment ot any tee.
13
Section 6. Any machine, contrivance. appliance. device.
14 game. ticket. chance. share, interest. instrument, or artiele oper-
15 ated. used, kept. possessed. placed. or maintained in violation .t
16 Section 5 ot this ordinance is hereby declared to be a nuisance and
17 shall be subject to abatement as hereinatter provided in Section 7
18 hereot.
19
Section 7. Any article declared by Section 6 here.t to be
20 a nuisance. as a result of the operation, use, keeping. possession.
21 placing. or maintaining ot which any person. tirm, or corporation ha
22 been convicted ot or has pleaded guilty to any violation of any law
23 .t this State. or ot any ordinance ot this City. shall be destroyed
24 by the Chiet of Police atter such plea. or atter judgment ot convic-
25 tion becomes final. The contents ot such machine shall be destroyed,
26 or it moner, shall be deposited in the General Fund of the City ot
27 Seal Beach, If any articles subject to destruction as herein pro-
28 vided are in the custody ot any Court w.I. thin the Ci ty of Seal Beach.
29 the Chiet ot Police shall cause to be made an application to the
30 Judge.t said Court for an order releasing said articles to him for
31 the purpose of compl~ng with this Section.
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32
Section 8. Notwithstanding the provisions of Sections 1
2
.. Resolution Number -.
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1 to '7, inclusive, the City Council may grant a 11 cense <?r permit to
2 operate, oonduct, or permit to be operated or conducted any game no
3 prohibited by Section 330 or the Penal Code or the State of Callfer
4 nia to any person, firm, co-partnership, organization, association,
5 club, group, or corporation in the menner as hereinafter set forth.
6 As used in this ordinance, toe term "license" ,means both license an
7 permit, and the term "permit" means both permit and license.
e All applications for a permit or license to conduct games
9 in conformity witJ:1 t,he provisions of this Ordinance and which are
10 not in violation ot the laws of the State of California, shall be
11 made t. the City Olerk of the City of Seal Beach, and all such ap-
12 plioations shall,be accompanied by the license or permit fee pro-
13 vided for herein.
14 Upon reoeipt .t the required permit or license fee and
15 I such application~ the Oity Clerk shall reter said application t.
16 the City Oouncil, and the City Oouncil may author~ze the City Clerk
17 to issue a license or permit upon such terms and conditions as are
18 hereinafter in this ordinance provided. The City Clerk shall pre-
19 sent such applioation to the City Council at its next regqlar .r
20 adjourned meeting after any such app1ioation 1s ri~ed with the City
21 Clerk.
22 Section 9. No' permit or license for the operation and oon
23 duct of lawful games not prohibited by the laws of the State of
24 California, shall be issued to any person, firm, co-partnership"
25 organizatiop, association; club, group"or oorporatien except upen
26 the,payment of a permit or ~icense tee theretor in the amount herein
27 ' provided, which li'cense fee shall aooompany the applioation r.r li-
28 oense when riled with the City Olerk.
29 The annual permit or license tee shall be the sum .t
30 TWENTY THOUSAND DOLLARS ($20,000.00), plUS tl1e sum er ONE HUIIDRED
31 DOLLARS ($100.00) for eaoh ohair, stool, seat or plac~ provided for
32 players to partioipate in any game lioensed hereunder.
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I~, arter any permit '1' lioense is granted hereunder, any'
2 holder of such permit or license prOvides any additional chairs,
3 seats, stools or places ihtended to enable players to partil~pate
4 in any games lioensed her~under, such bolder of suob per~t '1' lic-
5 enc~ shall, prior thereto, notiry the City Clerk or their intention
6 SI to d., and accompany suoh notifioation with the additional fee .t
7 ONE HUNDRED DOLLARS ($100.00) per aooommodation as herein provided.
8 The notioe to the City Clerk prescribed herein shall be in
9 writing and the additio~al fees provided for herein shall apply
10 whether suoh stools, chairs, seats or plaoes are used or not.
11
Section 10. Notwithstanding the provisions .f this Ordl-
12 nanoe, no license or per~t shall be granted to any applicant 'at
13 any l.cation that is licensed to dispense a1ceh.lio beverages in any
14 form, and provided further, in the event an alcoholio beverage
15 license is subssquently issued to th~ said premises so licensed here
16 under, it shall be just cause for revo~on ot the license or permit
17 granted hereunder.
18
Section 11. That it shall be unlawtul-for any person
19 under twenty-one years or age to play or bet at or against any game
20 not mentioned in Section 330 01' the Penal Code .t the State of Ca1i-
21 tornia which is played, conduoted, dealt, or carried on With cards,
22 dice, or other device, for money, checks, chips, oredit, pennants,
23 cigars, oandy, merchandise, or other thing or representative ot
24 value in any place so licensed under the provisions of this Ordinanc .
25 Section 12. The cost of the employment of SpeCial Pelic~ '
:1, 26 Officer s employed by any licensee hereunder shall be at the sole
27 expense ot the said licensee and it is further provided that sa:! d
, 28 pecial Police Officers sha1~ be 1'ingerpr!nted by the Chief of
29 olice, who shall keep said reoords on file in his offi~e at all time .
30
Section 13. No lioense or perudt shall be granted to oper-
31 te, conduot, or permit t. be operated .r conducted any lawful game
32 ot prohibited by the 1a~s 01' the State'.f California and ~der the
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conditions in this ordinance mentioned, except in that part .1', por-
tion of the City of Seal Beach described as follows:
BEING a portion or the: San Gabriel RIver and portions ot'L.ts 1
and 2 San Gabriel extension of Naples as per may thereot re-
c.rded in Book 7 at Page 31 .r Miscellane.us Maps desoribed in
whole as being bounded on the West ~y Pacitic Coast ~ighway
1001 wide; being bounded on the Northwest by the northwes~erly
boundary of the City ot Seal Beaoh; being Dounded on the Nort~
east by that portion of the northeasterly Une o't sai'd Lot 2
'shoWJl upon said l\l8.p a.s having a belU"ing ot North 37 degees 43
minutes West and the northwesterly prolongation hereof and
bounded on the Southeast by the northwesterly, line .f that 1001
strip of land, conveyed by San Gabriel Improvement C,ompany t,.
Los Angeles Gas and Eleotric Corp.ration by deed dated July 24,
1924.
Section 14. Th. City Counoil shall not issue or pe~m1t
11 to be issued more than one license or permit for eaoh,TBREE THOUSAND
12 (3000) in population, or fraotion thereot. The issuance ot licenses
13 hereunder shall be based on the last offioial census .t the United
14 States Government.
15 Section 15. Notwithstanding the provisions of this Ordi-
16 ' nance regulating and 11mi ting the number and location of any licen-
ses or permits h&reunder, the City Council shall have the right and
,
privilege ot granting a license and permit tor oonducting any ot the,
games mentioned in this ordinance not prohibited by Seotion330 of
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the Penal Code ot the State, of California to any church, fraternal
organization, veteran's organization, 'or civic organization of thG
City of Seal Beaoh ror a limited time without the payment ot any
license fee whatsoever; but no such license or permit shall be
issued to such organization in this paragraph ment~oned except upon
the tiling of a,written application therefor with the City Clerk .t
the City of Seal Beaoh as in this Ordinanoe provided, and the pre-
sentation of the same to the City Council in open meeting thereof,
followed by a public hearing thereon, whereat the Oity Council shall
first determine whether or not in the judgment of such City Oouncil
it will be to the best interest or the City of Seal Besch to grant
the same; and if they so determine it to be in the best interest .r
said City, they shall grant the same. No permit issued under the
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provisions of this section shall exceed a total of fifteen (15)
hours operation in anyone calendar month.
Section 16. Ordinance No. 429 of the City of Seal Beach,
California, is hereby repealed and this initiative ordinance shall
become and be in full force and effect in accordance with the pro-
,
visions of the Elections Code. State of California.
Section 17. If any section, sub-section, paragraph,sen-
tence, clause, or phrase of this ordinance is for any reason held t.
be unconstitutional or invalid, such decision shall not affect the
10 validity or the constitutionality ot the remaining pertion ot this
11 erdinance. The people ef the City of Seal Beach hereby declare tha.
12 they would have passed this ordinance, and each section, sub-seetion
13 paragraph, sentence, Clause, or phrase thereef irrespective et the
14 tact that one er more ot the sections, sub-sections, paragraphs,
15 ,sentences, clauses, or phrases thereof had been declared unconstitu-
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16 !tional or invalid.
17
Section 18. Any person, firm, or corporation violating an
18 ot the provisions of this ordinance shall be guilty .t a m:l.sdemaaner
19 and. on conviction thereof, shall be punishable by a tine of not
20 more than three hundred dollars ($300.00), er by imprisonment ot net
(3) months, or by both such fine and imprisonment.
21 more than three
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