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HomeMy Public PortalAboutOrd. 0175E ORDINANCE NO. - 17J - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, 1 COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, GRANTING A FRANCHISE AND PRIVILEGE TO SOUTHERN FUEL CODl4'ANY, A 2 CORPORATION, TO LAY, CONSTRUCT, OPERATE, 1,1AINTAIN, USE, REPAIR, REPLACE AND /OR REHQOVE.A CONDUIT, IvAIN OR PIPELINE. 3 4 The City Council of the City of Lynwood, County of Los 5 Angeles, State of California do ordain as follows: 6 l . �4s Section 1 . The _Cit.y - .Gouncil,o£ the Ct ` of `Lwood County o y ., y +! 7 Los Angeles, State of California, does hereby declare that SOUTiiERN 8 FUEL COMPANY, a corporation, made an application by petition in writin 9 to said Council for a franohiSe and privilge hereinafter described; 10 that said application came on regularly the May,�2.6;`. to be,hear 11 and considered by, said Council and thereupon, on motion duly made, 12 seconded, passed, carried and adopted, it was declared and stateithat 13 said Council proposed to grant said franchise and privilege, the same 14 to continue for a term of forty (40) years from and after the date of 15 granting the same, upon,the terms and subject to the conditions and re 16 strictions in said order and hereinafter stated; that in and by said 17 motion it was further - ordered, that the,:fact of�saidapplicatiori' for 18 _- said franchise and privilege, together with a statement that it proposed is to grant the same.upon said terms and subject to said conditions and 20 restrictions, be made by the Clerk of said Council by publication in 21 the Lynwood Tribune a weekly newspaper published in said City for the 22 time and in the manner provided by law. 23 Section. 2 . That said Council does further declare that said 24 advertisement containing all the statements required by law was duly,,.' 25 published in said newspaper for the time and in,the manner required 26 by law and said order of said Council; that said Council met in open 27 27 regular session at the office of said Council at the City Hall in 29 the City of Lynwood, County of Los Angeles, State of California, on the a p_ anrt ,.. ±,:clock, a_ then and �th_er�e,�op_enedr 31 32 and read I the bids for said franchise and privilege; that Southern Fuel 1 Company, a corporation, made the highest bid therefore, to -wit: the 2 sum of X1892 33 Dollars said sum was the highest and only sum 3 bid or offered therefore, and that said franchise and privilege was 4 .thereupon by said Council struck off, sold and awarded to said Souther 5 Fuel Company; that said Southern Fuel Company has filed with said s Clerk of said Council the total sum aforesaid by certified check 7 payable to the City Treasurer of said City of Lynwood; that said 8 Southern Fuel,Company has filed with said Council a bond running to 9 said City of Lynwood in the penal sum, in the form and with the terms to and conditions require --by law and the order of said Council; that 11 said bond has been regularly approved by Council. 12 Section 3 . There is hereby granted to said Southern Fuel 13 Company, a corporation, organized and existing under and by virtue of 14 the laws of the State of Delaware, a franchise and privilege to lay, 15 16 construct, operate, maintain, use, repair, replace and /or remove a 17 conduit, main or pipe line, not exceeding thirty (30) inches in l8 internal diameter, for the purpose of transporting gas in, under, alo: and across Atlantic Avenue from the north city limits of said City of 19 20 'ynwood to the south city limits of the City of Lynwood. Together wi 21 the right to carry, transport, convey and conduct gas in and through 22 said conduit, main or'pipe line, in, through and along said Atlantic 23 v clauv . S ection 4 . Said franchise and privilege shall continue for a 24 term of forty (40) years from and after the date of granting the same: 25 26 Sect_ ion 5. That said pipe line shall be laid at all points 2 7 of less than two (2) feet underground. 28 Section 6 . That all excavations for laying, moving or re- 2 pairing of said pipe shall be done in such a manner as not to interfe3 30 ith the free use of the street-- by the public, except such temporary 31 I —2 32 interference as may be necessary in %ident to the proper prosecution 1 of said work. That all excavations shall be made and refilled in 2 strict compliance with the ordinances of the City of Lynwood that may 3 be in force at the time of the performance of said work, and that the 4 grantee of said franchise shall make such deposit of money with the 5 City Treasurer, or such other officer of said city, designated by such g ordinances, or otherwise by law, as may be from time to time required 7 from persons making excavations in the streets of said city, for the 8 purpose of insuring the restoration of all streets to a good and 9 perfect condition along said excavations. That before the work of 10 laying said pipe is commenced, the grantee of Said,, I franchise or its 11 assigns, shall -file with the City Engineer of said city complete plans i2 showing the locations of said pipe line in the streets and the locatio 13 of all manholes, traps, and other appliances and attachments as may 14 be necessary for the purpose of safely and efficiently operating and 45 maintaining said pipe line. That the granting of such, franchise shall fs.not be construed to relieve said grantee from the provisions of any 17 ordinance or law that may be in force at the time, requiring applicatio l8 to be made and obtained forexcavations in streets before such work 19 can be done. That the location of said pipe line in streets or Aortic 20 of streets shall be subject to the approval of the City Engineer who 21 shall have the power to give such directions for the location of said 22 ipe as may be necessary to avoid sewers, water pipes and other 'z3 conduits or structures in or under streets or portions of streets alol 24 the line of said franchise where said pipe line is to be laid. 25I S ection 7. That the work of laying down and constructing said 26 ipe line and any extensions or additions thereto be done to the 27 satisfaction of the City Engineer of the City of Lynwood, and subject 28 to its inspection. 29 Section 8 . That during the laying or repairing of any such 30I ipes anytrench or excavation made for such purposes shall be done in 31 -3- 32 accordance with the ordinances of said city then in force, regulating 1 6 the making of excavations in public streets. 2 section 9 . That as soon as laying or.repairing of any. 3 pipe or appliance is completed all portions of the streets which have 4 been excavated or otherwise injured thereby, shall be placed in as_ 5 1 good condition as the same were before the laying of such pipe and s to the satisfaction of the said City Council. That any damage or in- 7 jury by any person by reason of any excavation being improperly 8 guarded during said work shall be borne by the grantee of said_franchi e. 9 Section 10. That the City of Lynwood reserves the right to 10 stablsh.or change the grade of any street or portion thereof along, 11 hioh said line shall.be laid under said franchise, and in the 12 vent that the establishment or change of any such grade. or the laying 13 f any sewer or water main, or the making of any public improvement in e 14 y of the streets along and under which said pip line may be laid; 15 hall, in the opinion of the City Council of said city render necessar is ny change in the position of said pipe line, the grantee shall shift 17 r move the same at its own cost and expense, in conformity with the 18 nstruction and to the satisfaction of the said City Council; and that 19 n case the said grantee .shall fail to comply with the instructions 20 iven therefor by the said City Council for ten days after service �—^ P said instructions in writing upon said grantee, or upon the manager : or agent of said grantee$ in the City of Lynwood, the said City 23 ouncil may cause the work required in said notice to be done, and 24 2ia11 keep an itemized account of the cost thereof, which the sai 25 rantee, by the acceptance of said franchise, shall agree to pay 26 mmediately upon its being presented to said grantee or to such 27 28 anager or agent in the City of Lynwood. Section 10 1 6tThat out of the number of persons employed by the 29 3o rentee at $5.o0 or less per day while engaged in the construction of 31 the work in the City of Lynwood, the grantee of said franchise shall 32 11 -4- L7 I employ, if available and capable.of doing the work in the opinion of i some person appointed-by the Council, - a't.least two - thirds of that 2 number who are residents of the City of Lynwood and are unemployed at 3 the time the construction work starts, to work on the construction of 4 said pipe line through the City of Lynwood,during all of the time it 5 is under actual construction said City and at the standard scale s f pay given to others for like work by the City of Lynwood; and if th 7 rantee shall fail to fulfill this obligation, the City Council shall 8 ave the right to forfeit said,franchise. 9 S ection 11 . That,if any portion of any of the streets or 10 ortions of streets, along or across and under which said pipe line 11 hall be laid, shall be damaged by reason of leaks in any pipe laid 12 der said franchise, or by reason of any other cause arising from the 13 peration or existence of said pipe line under such streets or portiol 14 15 f streets,.the grantee shall, at.its own,cost and expense immediatel; 16 epair any such damage and restore said street or portion of street, 17 .n as good a condition as before such leak or other cause of damage 18 ccurred, such work to be done under the direction of the said City ouncil and to its satisfaction. 19 Section 12. That all loss or damage that may be occasioned to 20 aid grantee arising out of the establishment or change of the grade 21 22 .f any street or portion of any street along or across and under whic; 23 aid pipe line is laid, or out of the laying of any sewer, water main, r the making of any public improvement in any such street or portion 24 f street, shall be borne by the said grantee without any recourse 25 26 whatsoever against the City of Lynwood on account thereof. Section 13 . That the work of constructing and laying down the 27 28 •aid pipe line shall be commenced in good faith within not more than 29 o ur months from the date the ordinance granting said franchise be- 30 owes effective and shall be continuously prosecuted thereafter in 31 ood faith and without unnecessary or avoidable intermission or delay. 32 11 -5- j: r That such work or construction shel,,l be fully completed within not 1 , 10 more then two years from and after the date upon which the ordinance 2 granting said franchise becomes effective. 3 Section 14 .. That provisions of franchise and all rights, 4 obligations and duties thereunder shall inure to and be binding upon 5 _ the grantee and its successors or assigns. 6 Section 15 . The grantee or grantees of said franchise and 7 rivilege, his, its or their succe: -ors or assigns, must,during the 8 life of said franchise and privilege, pay,,to the City of Lynwood,. 9 County of Los Angeles, in lawful money of the United States, two per 10 ent of the gross annual receipts of said grantee or grantees, his, 11 is or their successor's or assigns, arising from the use, operation or 12 13 ossession of said franchise and privilege. No percentage shall be aid for the first five but thereafter such percentage shall 14 15 e payable annually; and in the event 'said payment is not made said 16 ranchise and privilege shall be forfeited. 17 S ection 16 . Said franchise and privilege shall not be 1a exclusive. 19 Section 17 4 The neglect, failure or refusal on the part of 20 aid grantee or grantees, his, -its or their successors or assigns, to 21 omply with, keep and observe the ., terms and conditions of said franchi 22 'renchise and privilege shall be a cause for forfeiture of.said/and 23 rivilege: 24 Passed, adopted and approved this 4z4 day of 1931. 25 G i-- w-.i /V 26 I -mayor of said City of Lynwood. 21 28 29 30 31 'i Attest 1 City Clerk and 6x-officio clerk of said City Council 2 of the City of Lynwood. 3 4 5 6 7 8 9 10 M1 tP I hereby approve the foregoing ordinance this ¢ tA of L ,, , 1931. I hereby approve the foregoing ordinance this.'_cTay of 1931. `City Attorney, 11 STATE OF CALIFORNIA 93 CITY OF LYNWOOD ) 12 County of .Loses of the City of Lynwood, do 14 hereby certify that the foregoing Ordinance No. LZ was passed 15, and adopted by the City Council of said City. at a regular meeting of 16 said Council held on the 44-4 day.of -C= , 1931, by the 17 following vote," to -wit: 18 AYES : 19 NOES: 20 ABSENT 21 22 th_e 23 24 25 26 27 28 29 30 31 WITNESS WHEREOF, I have hereunto set my hand and affixed Zseal of said City Council'this V //. ex- officio Clerk of the City Council thereof. J � V //. ex- officio Clerk of the City Council thereof.