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Home My Public Portal About770 (03-17-31) - fi ��nJ� . - .. ,. . ' . . � � � . . , ' � � „�� . . , `{�w. . . . . ' . " . . , . . � . � - .. ' . . � ' . R�SOZUTION N0, 770 A H;^,SOLUTION OF TH� CITY COUNCIZ OF THE CITY OF ZYNW00D, COUNTY OF LOS ANGELES, STt1TE OF CAZIF- �- ORNIA, IN TF3E MATTr,R OF T$E APPZICATION OF � SOUTfi'e;?2N FiTEL CONLPANY FOR A FRANCI3ISE AND PRIVI- ZEG�. � � . ' The City Council of the City of I� yn�rood, County of Los Angeles, State o£ Cali�ornia, do resolve as £ollows: Southern Fuel Compar�y, a eorporation, having heretofore by petition in w'riting fiZed herein on the 17th day o£ March, , 1931, duly made application to the City Council of the City of Lynwood, County o£ Los Angeles, State of California, for a£ranchise and privilege therein and hereinafter particularly described, and said application coming on'regularly this day to be heard and considered by said City Cou.ncil,_and:go,od :. cause appearing therePor, upon motion of Councilman Tviceedy, seconded by Councilman Anderson. � IT IS UNANIMOUS�Y ORDEHED,,DECI.ARFD, AND STAT�;D that it is proposed to grant said franchise and privilege, and that � the character of said franehise and privilege proposed to be. granted, and the term for which it is granted, and the con- ditions and restrictions of said £ranchise and privilege are ° as follovrs,,�to.,-wit; _ _ ,,. : -.:. -_ :. ., ., .,,...._ , . _ .. , _. _ _.. , � ,.,. , A franchise a.nd privilege to lay, construct, operate� maintain, use, repair, replace and� or remove a conduit, main or pipe line, not exceeding thirty (30) inches in internal - diameter,.for the purpose of transporting gae in, under, along and across 9tlantic Avenue from the north city limits of said City of Zynr✓ood to the South city limits o£ the City of Zynwood, Together with the right to carry, transport, con�ey and � conduct gas in and through said conduit, main or pipe line,.in, � through and along said Atlantic.Avenue. - ` Said franchise and privilege shall coritinue for a term of , , Porty (40) years :Prom and after the date of granting the same. That said pipe line shall be laid at all points not less "- th�n two �2) �eet underground. That all exca,vations for layingr,. moving or repairing of � said pipe shall be done in such a manner as not to interfere with the free use of the streets by the public, except such temporary interference as may be necessary incident to the proper prosecution of gaid work „ That all excavations shall � -_ - made and refilled in atrict compliance �rith the.ordinances of the City o£ Zynwood that may be in £orce at the time of the performance of said work, and that the �rantee o£ said franchise shall make such deposit of money vrith the City Treasurer, or such other of£icer o£'said city, designated by_ such ordinances, or othercvi�e by law, as may be from time.to . r ons makin excavation in the streets of� time re uired from pe s g , q said oity, for the purpose of insuring the restoration of all streets to a good and perfect condition along said excavations. . � That before the v�ork of laying said pipe is commenced, the _ grantee of said franchise or its assigns, shall fila with the ` City Fngineer of said city complete plans sliowing the location ;i �J :. .• of said pipe line in the streets and the location of all man- holes, traps, and other appliances and attachments as may be necessary for the purpose of sa£ely and efficiently operating and maintaining said pipe line. That the granting of such £ranchise shall not be construed to rolieve said grantee from the provisions of any ordinance or law that may be in force at the tim�, requiring applications to be made and obtained for e�cavations in streets before such work can be done. That the location of said pipe line in streets or portions of streets shall be subject to the approval o£ the City �ngineer who shall , have the power to give such directions for the location of said pipe as may be necessary to avoid sewers, water pipes and other conduits or structures in or under streets or portions o£ streets along the line of said franchise �here said pipe line is to be laid, That the work o£ laying d.own and constructing said pipe line and any extensions or additions thereto shall be done to the satisfaction of the City Engineer of the City of Zyn�ood, and subject to its inspection. That during the laying or repairing of any such pipes any trench or escavation made £or such purposes shall be done in eccordance �ith the ordinances of said city then in £orce, regulating the making of excavations in public streets. That as soon as the laying or repairing o£ an y pipe or appliance is completed all portions of the streets which have been.excavated. or otherwise injured thereby, shall be placed in as good condition.as the same �ere before the laying o£ sueh � pipe and to the satisfaction of the seid City Council, That any damage or injury sufferod by any person by reason of any excavation being improperly guard.ed during said work shall be borne by the grantee of said franchise. That the City o£ Zynwood reserves the ri�ht to establish or change the grade of any street or portion thereo£ along which said pipe line shall be laid under said franchise, and in the event that the.establishment or change o£ ar�y such grade or the laying of any se�er or nater main, or the making of any other public improvement in any of the streets along and under which said pipe line may be laid, shall, in the opinion of the City Council of said city render necessary any change in the position . of said pipe line, the grantee shall shift or move the same at its own cost and expense, in conformity with the instructions, and to the s$tis£action of the said City Council; and that in case the said grantee shall fail to comply 8ith the instructions given therefor by the said City Council for ten days after service �f said instructions in writing upon said. grantee, or upon the manager or agent o� said grantee, in the City o£ Zyn�ood, the said City Council may cause the work required in said notice to be done, and shall keep an itemize� account of the coet there- o£, �hich the said grantee, by the acceptance o£ said franchise, sh�ll agree to pay immediately upon its being presented to said grantee or to such manager or agent in the eity of Lynwood, That out of the number of persons employed by the G�antee at �5.00 or less per day while engaged in the eonstruction of the work in the City of Lyn�ood, the Grantee of said £ranchise shall employ, if available and capable of doing the work in the opinion o£ some person appointed by the Council, at least two- � :1i . ' . . . . . . . 4 � ln`, r .0 ' L .i thirds of that number who'are residents of the City of Zyn�rood and are�unemployed at the�time the construction vrork starts, to work on the construction of said pipe line through the City of Zynwood during.�.11 of the time it is under actual construction in said City and.at the standard scale of pay given to others for like work by the.City of Lynwood; and i£ the Grantee shall fail to flzl£ill this obligation, the City Council have , the right to forfeit said franehise. That if any portion-of any of the streets or portions of streets, along or �,cross and under which said pipe line shall be laid, sha11 be damaged by reason of leaks in any pipe laid 'under said franchise, or by reason of any other cause arising from tha operation or existence o£ said pipe line under such streets or portions.of streets, the Grantee shall, a.t its own cost and expense immediately repair sny such damage and res- tore said street or portion of atreet, in as good a aonditi.on as be£ore such leak or other cause of damage�oecurrec, such work to be done under the direction of the sa'id City Council and to its satisfaction. That all loss or damage that may be occasioned to said Grantee arising out of the establishment or change of the grade of any street or �ortion of any street along or across and under which said pipe line is laid, or out of the laying of ang sewer, water main, or the making of any public im- � provement in any such street or portion of street, shall be borne by the said grantee without any recourse vrhatsoever ,.against the City of Zynwood on account thereof., _-, � That the work of constructing and laying down the said pipe line shall be commenced in good faith within not more than four mont7is from the date the ordinance granting said franchise tiecom&s e£fective and shall be continuously pro- secuted thereafter in good faith and without unnecessary or avoidable intermission or delay. That such work or con- struction shall be fully completed within not more than two years £rom and after the date upon �uhich the ordinance granting said franchise becomes effective. That provisions o£ this franchise and all rights, ob- ligations and duties thereunder shall insure to and be binding upon the grantee and its successors or assigns. The grantee or grantees of said franchise and privilege, his, its or their successors or assigns, must, during the life of said franchise and privilege, pay;,�to the City of Zynti'rood, County of Los Angeles, in lawful money of the United States, two per cent of the gross annual receipts of said grantee or grantees, his, its or their successors or assigns, arising £rom the use, operation or possession of said franchise, and. privilege. No percentage shall be. paid for the first £ive �ears, but thereafter such percentage shall be payable annually; and in the event sa�d payment is not made said franchise and privilege shall be forfeited, Said franehise and privilege shall not be exclusive. The success£ul bidder for such franchise and privilage shall, v�ithin i'ive days after sueh franchise and privilege is awarded, filo with the City Gouncil of the City of Zynwood, to be approved by such Council a bond running to said City o£ Lyn�ood, in the penal sum of One Thousand Dollars with at least tevo good and su£ficient sureties, conditioned that said successful . , _, , „ _ � , ,.. � .e. k � � bidder shallmmeanddcondition ofesuch £ranchisenandeprivilegeh � and every te bTeach of condition of suoh bond, the 'and that in case of any to�be liquidatedtdamageslandmrecoverableafr methekprincipaleme. and sureties upon said bond. The neglect, failure o�SroTUtheirnsuccessors�orsassigns, � grantee or grantees, his, to comply with, keep and observe the terms and conditions o3 said £ranchise and privilege sha.11 be a cause £or forfeiture ` . of said franchise and priyilege. . �IT IS FtTRTHr".R ORDERED that the Clerk �� tublicationlof a give notice of the sale of said franchise bY p er of general notice in the Tsntedaand1published inysaedSCity o£.ZSn'�ood, ' publication, p lav�. Said notice `" £or the time and in the manner provided by • '"shall be given by said Clerk and shall be in the following form, to-wit: , � � , � ,, `STATE OF CAZIFORNIA )SS CITY OF LYNPJ00➢ COLTPdTY Oi LOS ANGEI�ES ) - ` I, R. �'d. Anderson, City Clerk of the City of Zyn�ood, _.. County of Zos AngeGouncilao£ the of1ZYn oodexdo£hereby - "'Clerk o£.the City resolution was adopted by the �'' " certify that the foregoing 'City Council of said.City of LYn`�OOd+ of Ma.rch��1931a anduthat meeting hald thereof, on the 17th day + the same vaas passed by the following vote, �o-wit: AYES: Councilmen-4Villiams, Ttiveedy,,9nderson, Decker and Snodgrass.. ` P10�S: None , ABSETST : None R, W. 9nderson ` ity lerk o the i y o Lynwood, and ex-officio � Clerk of the City Council ' � of said City. • . ,