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HomeMy Public PortalAboutOrd. 0079s ORDINANCE NO. An Ordinance granting to the General pipe Line Company of �- California, a corporation, a franchise to lay and construct, and for a period of not to exceed forty years, to maintain and operate a pipe line system to be oa mposed of not more than two separate lines of pipe for the purpose of transportation and distribution of mineral oils and the products thereof, along the rou and under and along those certain portions of the streets of the City of Lynwood hereinafter described. The Board of Trustees of the City of Lynwood, County of Los Angeles, State of California, do ordain as follows: Section I. i s That a franchise /to h ereby laend construct, and for the period of forty years, to maintain and operate a pipe line system to be composed of not more than two separate lines of pipe for the purpose of carrying therein mineral oils and the products thereof, along the route and under and along those certain portions of the streets of the City of Lynwood, County of Los Angeles, State of California, described as follows; Norton Avenue, from the East City limits of the City of Lynwood to the projection northerly of the western boundary line of Modjeska Boulevard, also Modjeska and Belle Vernon Boule— vards, from the southern boundary line of Norton Avenue to the southern boundary line of Weber Avenue. Section II. That the terms and conditions upon which said franchise is granted are as follows, and the grantee of said franchise or assigns is required to file a written acceptance of the terms and conditions thereof with the Clerk of the Board of Trustees of the City of Lynwood, within thirty days after the passage of the ordinance granting the same. 1. Section 3. That the grantee of said franchise, his, its or their sucr- eessors or assigns, have the right to construct and maintain such traps and manholes as may be necessary to afford proper access to said pipes and pipe lines for cleaning and maintain ing the same, and said traps and manholes shall at all times be kept flush with the surface of the highway and so located as to conform to any order of the Board of Trustees, in regard thereto, and not to interfere with the use of the highway for travel. The grantee of:isaid franchise, his, its or their suo eessors and assigns, have the right, subject to such regula- tions as are now or may hereafter be in force, to make all nec- essary excavations in said highways for the construction and repair of said pipe lines, traps and manholes. Section 4. That the pipes to be laid and maintained under such fran chise shall be of steel, of good. workmanship and of an internal diameter of not more than ten (10) inches. Section 5. That all pipes shall be laid not less than two feet under ground and where it is necessary to lay said line through the border of any maoadamized road, the same shall be restored to its original condition; and in the event it is necessary to cross any portion of a macadamized road, the same shall be done by a tunnel or bore, so as not to disturb the foundation of such maoadamized road, and in the event the same cannot thus be done, the said crossing shall be made under a special permit to be granted by the Board of Trustees upon application there- for, said application to be accompanied with a drawing, speei- fioations and explanations, showing the necessity for the same. That during the laying or repairing of any such pipes, any trench or excavation made for such purpose shall, at night -time, 2 . from sunset to sunrise, be barricaded and protected by lanterns placed at distances of not more than forty feet apart, along such trench or excavation. Section 6. That every pipe line constructed or maintained under the provisions of this franchise shall be constructed and maintained in accordanoe and conformity with all of the ordinances, rules and regulations now in force and that may hereafter be adopted and prescribed by the Board of Trustees of the City of Lynwood. Section 7. That the work of laying or repairing such pipes or other appliances shall be oonductecl with the least poss ible hindrance to the use of said highways for the pur— poses of travel, and as soon as the laying or repairing of any pipe or appliance is completed, all portions of the high— ways which have been excavated or otherwise injured there- by, shall be placed in as good condition as the same were before the laying of sooh pipes to the satisfaction of the Board of Trustees of said City. That any damage or injury suffered by any person, by reason of any excavation being improperly guarded during said work shall be borne by the grantee of said franchise, his or its successors or assigns. Section 8. That the City of Lynwood reserves the right to change the grade of any highway or portion thereof over which said franchise shall be granted, and the grantee of said franchise, his or its successors or assigns, shall at once change the location of all pipes and other appliances laid under said franchise ao as to conform to such change of grade. That if any portion of any of said highways shall be damaged by reason of leaks in any pipe l6id under said franchise, 3 . the grantee of such franchise, his or its suocessors or assigns, shall, at his, its or their own expense,' repair any such damage and put said high way in as good conditions as before such leak, to the sat — isfaotion of the Board of Trustees of said City. Section 9. That if the grantee of said franchise, his or its suc— cessors or assigns, shall fail to comply with any of the instructions of said Board of Trustees with respect to the location of any portion of said system of pipes and pipe— lines, or the repair of any damage to highways, within ten days after the servioe of written notice upon said grantee, his or its successors or assigns, requiring compliance there— with, then said Board of Trustees may immediately do what— ever work is necessary to carry out said instructions, at the cost and expense of said grantee, his or its successors or assigns, which costs, by the acceptance of said franchise, said grantee, his or its successors or assigns agree to pay upon demand. Section lo. That the work of constructing and laying said system of pipes and pipe — lines, shall be commenced in good faith within not more than four months from the granting of the said franchise, and shall be continuously prosecuted there— after in good faith and without unnecessary or avoidable intermission or delay. That such work of construction shall be completed within not more than three years from and after the date of granting the franchise; that if said work be not so oommenced, prosecuted and completed within the times and in the manner specified, said franchise shalll be forfeited. 4. Section 11. That the said grantee and his or its successors or assigns shall, during the life of said franchise, pay to the City of Lynwood, in lawful money of the United States, two per cent of the gross annual receipts of such grantee and his or its successors or assigns arising from the use, operation or possession of said franchise. No percentage shall be paid for the first five years succeed- ing the date of said franchise, but thereafter such per- centage shall be payable annually. Section 12. .And it shall be the duty of the grantee of said fran- chise, and of his or its successors or assigns, to file with the Clerk of said Board of Trustees at the expiration of six years from the date of the granting of said fran chise, and at the expiration of each and every year there- after, a statement, verified by the oath of said grantee or his or its successors or assigns or by the oath of the manager or presiding office of said grantee or his or its successors or assigns, showing in detail the total gross receipts and gross earnings collected or received by said grantee or his or its successors or assigns during the preceding twelve months, arising from the use, operation or possession of said franchise, and within ten days after the time for filing the above statement, it shall be the duty of said grantee and his or its successors or assigns to pay to the City Treasurer of the City of Lynwood, the aggregate sum of the said percentage upon the amount of the gross annual receipts arising from the use, operation or possession of said franchise, and if the amount paid is Incorrect, in the judgment of the Board of Trustees, they may order the payment of such additional sum as they may find due hereunder, and if not paid, the same may be 5 . L collected by suit. And any neglect, ommission or re— fusal, by said grantee or his or its successors or assigns to file said verified statement, or to pay the said percentage of the said gross annual receipts at the times or in the manner hereinbefore provided, shall Ipso facto work a forfeiture of said franchise and of all rights thereunder to the City of Lynwood. Section 13. That said grantee or his or its successors or assigns shall not sell, transfer, assign or lease said franchise or any part thereof, or any of the rights or privileges granted thereby, except by a duly executed instrument in writing filed in the office of the Board of Trustees of the City of Lynwood, and nothing in said franchise oon— tained shall be construed to grant to said grantee or his or its successors or assigns any right to sell, trans— fer, or assign or lease said franchise or any of the rights or privileges thereby granted except in the manner aforesaid. Section 14. That any neglect, failure or refusal to comply with any of the conditions of said franchise shall thereupon immediately ipso facto effect a forfeiture thereof, and the said City by its Board of Trustees, may thereupon declare said franchise forfeited, and may exclude said grantee or his or its successors or assigns from further use of the highways of said City under said franchise; and said grantee and his or its successors or assigns shall there— upon and immediately surrender all rights in and to the same, and said franchise shall be deemed and shall remain null, void and of no effect. 6 . U Section 15. The City Clerk shall certify to the passage of this Ordinance and it shall take effect thirty (30) days after its passage and prior to the expiration of fifteen (15) days from the passage hereof shall be published at least once in the Lynwood Tribune, a newspaper printed and published in the City of Lynwood, County of Los Angeles, State of California. T'Fi'8'MY certify that the foregoing Ordinance was introduced at the meeting of the Board of Trustees of the City of Lynwood of 1927, and was passed at its meeting of 1927. City Clerk Ex- f icio 0 erk of the Board of Trustees of the City of Lynwood, County of Los Angeles, State of California. 41. 7 .