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.
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The City Council of the City of Lynwood, County of Los
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Angeles, State of California do ordain as follows:
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Section 1 . The _Cit.y - .Gouncil,o£ the Ct ` of `Lwood County o
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Los Angeles, State of California, does hereby declare that SOUTiiERN
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FUEL COMPANY, a corporation, made an application by petition in writin
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to said Council for a franohiSe and privilge hereinafter described;
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that said application came on regularly the May,�2.6;`. to be,hear
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and considered by, said Council and thereupon, on motion duly made,
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seconded, passed, carried and adopted, it was declared and stateithat
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said Council proposed to grant said franchise and privilege, the same
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to continue for a term of forty (40) years from and after the date of
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granting the same, upon,the terms and subject to the conditions and re
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strictions in said order and hereinafter stated; that in and by said
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motion it was further - ordered, that the,:fact of�saidapplicatiori' for
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said franchise and privilege, together with a statement that it proposed
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to grant the same.upon said terms and subject to said conditions and
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restrictions, be made by the Clerk of said Council by publication in
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the Lynwood Tribune a weekly newspaper published in said City for the
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time and in the manner provided by law.
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Section. 2 . That said Council does further declare that said
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advertisement containing all the statements required by law was duly,,.'
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published in said newspaper for the time and in,the manner required
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by law and said order of said Council; that said Council met in open
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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
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and read I the bids for said franchise and privilege; that Southern Fuel
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Company, a corporation, made the highest bid therefore, to -wit: the
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sum of X1892 33 Dollars said sum was the highest and only sum
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bid or offered therefore, and that said franchise and privilege was
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.thereupon by said Council struck off, sold and awarded to said Souther
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Fuel Company; that said Southern Fuel Company has filed with said
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Clerk of said Council the total sum aforesaid by certified check
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payable to the City Treasurer of said City of Lynwood; that said
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Southern Fuel,Company has filed with said Council a bond running to
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said City of Lynwood in the penal sum, in the form and with the terms
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and conditions require --by law and the order of said Council; that
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said bond has been regularly approved by Council.
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Section 3 . There is hereby granted to said Southern Fuel
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Company, a corporation, organized and existing under and by virtue of
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the laws of the State of Delaware, a franchise and privilege to lay,
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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
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20 'ynwood to the south city limits of the City of Lynwood. Together wi
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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
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S ection 4 . Said franchise and privilege shall continue for a
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term of forty (40) years from and after the date of granting the same:
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26 Sect_ ion 5. That said pipe line shall be laid at all points
2 7 of less than two (2) feet underground.
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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
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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
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accordance with the ordinances of said city then in force, regulating
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the making of excavations in public streets.
2 section 9 . That as soon as laying or.repairing of any.
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pipe or appliance is completed all portions of the streets which have
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been excavated or otherwise injured thereby, shall be placed in as_
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good condition as the same were before the laying of such pipe and
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to the satisfaction of the said City Council. That any damage or in-
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jury by any person by reason of any excavation being improperly
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guarded during said work shall be borne by the grantee of said_franchi e.
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Section 10. That the City of Lynwood reserves the right to
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stablsh.or change the grade of any street or portion thereof along,
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hioh said line shall.be laid under said franchise, and in the
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vent that the establishment or change of any such grade. or the laying
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f any sewer or water main, or the making of any public improvement in
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y of the streets along and under which said pip line may be laid;
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hall, in the opinion of the City Council of said city render necessar
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ny change in the position of said pipe line, the grantee shall shift
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r move the same at its own cost and expense, in conformity with the
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nstruction and to the satisfaction of the said City Council; and that
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n case the said grantee .shall fail to comply with the instructions
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iven therefor by the said City Council for ten days after service
�—^ P said instructions in writing upon said grantee, or upon the manager
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or agent of said grantee$ in the City of Lynwood, the said City
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ouncil may cause the work required in said notice to be done, and
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2ia11 keep an itemized account of the cost thereof, which the sai
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rantee, by the acceptance of said franchise, shall agree to pay
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mmediately upon its being presented to said grantee or to such
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28 anager or agent in the City of Lynwood.
Section 10 1 6tThat out of the number of persons employed by the
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3o rentee at $5.o0 or less per day while engaged in the construction of
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the work in the City of Lynwood, the grantee of said franchise shall
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employ, if available and capable.of doing the work in the opinion of
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some person appointed-by the Council, - a't.least two - thirds of that
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number who are residents of the City of Lynwood and are unemployed at
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the time the construction work starts, to work on the construction of
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said pipe line through the City of Lynwood,during all of the time it
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is under actual construction said City and at the standard scale
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f pay given to others for like work by the City of Lynwood; and if th
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rantee shall fail to fulfill this obligation, the City Council shall
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ave the right to forfeit said,franchise.
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S ection 11 . That,if any portion of any of the streets or
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ortions of streets, along or across and under which said pipe line
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hall be laid, shall be damaged by reason of leaks in any pipe laid
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der said franchise, or by reason of any other cause arising from the
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peration or existence of said pipe line under such streets or portiol
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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.
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Section 12. That all loss or damage that may be occasioned to
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aid grantee arising out of the establishment or change of the grade
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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
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f street, shall be borne by the said grantee without any recourse
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26 whatsoever against the City of Lynwood on account thereof.
Section 13 . That the work of constructing and laying down the
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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.
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That such work or construction shel,,l be fully completed within not
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more then two years from and after the date upon which the ordinance
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granting said franchise becomes effective.
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Section 14 .. That provisions of franchise and all rights,
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obligations and duties thereunder shall inure to and be binding upon
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the grantee and its successors or assigns.
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Section 15 . The grantee or grantees of said franchise and
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rivilege, his, its or their succe: -ors or assigns, must,during the
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life of said franchise and privilege, pay,,to the City of Lynwood,.
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County of Los Angeles, in lawful money of the United States, two per
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ent of the gross annual receipts of said grantee or grantees, his,
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is or their successor's or assigns, arising from the use, operation or
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13 ossession of said franchise and privilege. No percentage shall be
aid for the first five but thereafter such percentage shall
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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
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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
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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:
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Passed, adopted and approved this 4z4 day of 1931.
25 G i-- w-.i /V
26 I -mayor of said City of Lynwood.
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Attest
1 City Clerk and 6x-officio
clerk of said City Council
2 of the City of Lynwood.
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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
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22 th_e
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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.