HomeMy Public PortalAboutOrdinance 161
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ORDINANCE No./C
An ordinance grantin to Southern Californi Edison Company
its suceessors and assigns i' frnehise of tte 114)7t to erect
. . .
and construct, and for a pericyd of' fifty years lo
and operate piers, nests, poles and oter supor*cructureS upon
or fro. which to suspend, affix arA hang wires, cables or
other appliances for transmitting electricity, *Id to lsy,
maintein and operate wires, cables ;::nj other ITliances for
transmittinE; conducting electricity under, Over, ul)on across
and elong certain city roads, hiOlways, public *ys, streets
and lanes an0 public grounds within the City of ?,,Beaumont,
State of California, hereinafter desinated.
The Board of Trustees of the City of Beaumo6t, 0,o ordain
as follows:
WHEREAS, on the 4th day of 1ceber, 191r, 'Southern Cali—
fornia Edison Company, a corporation organized existing
Under the laws of tee State of California, filedl the Board
of Trustess of the City of Beaumont, State of 041fornia,
an aTrolication in writing requesting said Board of Trustees
'to f:Advertise or sale and sell the franchise herieinkifter set
forth, and
WHERIAS, said Board
adopted at a meeting
4th day of DOcember,
and
the
of Trustees, by resolution duly passed
of said Board of Trusteles, held on
1912,, renolved to grant w:Ad franchise
for the term of fifty years upon tie terms and Ionditions
and restrictions imposed and: required by law, ani by said
resolution 80 assed as aforesai, and
WHEREAS, said Board o Trustees further resolved that
sealed bids for said franchise be received by slid Board of
Trustees up to the hour of 7.30 otelock P. M., On the llth
day of March, 1913, and that said bids be opened at said last
mentl,ened ttrie and ate, that said franchisel be thereupon
1 struc'a off, solai and awarded to ti a person, firn or corpora -
2 tion min; tha 7'lighast cash bid tharefor in tha aanner pro -
3 vided by law, antj at sai9. meetina said Board of Trusteea did
4 by :,solution prescribe and fix the sum of 000,00 to be the
5 penal sum or amount of ti a bond reauired by law to be filed by
6 the sucoassful bidder for said franchiaa, and
7 WHEREAS, said. Board. of Trustees did, by the aforesaid
8 resolution, autho ine and direct ta7e City Clerk of said City
9 of Beaumont on behalf of said Board of Trustees to advertise
10 in the manner and for the aeriod required by laq, statemants
11 of all the aforesaid facts and matters, togetha:7 with state --
12 ments of all otter facts and natters in aonnaction with the
13 granting of said franchise as required by law to be advertised
14 and aublished, and
15 WHEREAS, it appears t'. this 73:)ard of Trustees by affidavit
16 of publication on file with this Board, that in pursuance of
17 saidorder of said Board of Trustees, said City Clerk Aid,. as
18 required by law, advertise and publish statamanas of all o'
19 the aforesaid facts anb mattara, together with statemants of
20 all otr facts and. latters in connection with '11.a granting of
21 said franchise, said advertisement and publication being made
22 for nd urin the time and in all resaects in -he manner re -
23 quired by law, and said publiaation beina complated riot less
24 than twenty nor more than thirty days before an:' furtber action
25 On sai franahiso was taken by thn said Poard o: Trustees,
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and
27 WHEREAS, thereafter such action was taken by said Ecord
28 of Trustees upon said application of said Southern California
29 Edison Company in accordance with the law in such case made
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and provided, that, on the 14th day of March, l313, 7,ftor due
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notice given as provided by law in every particlar as above
32 set forth, said franahisa was, by resplution Ou:Ly adopted by
1 said Board of Trustees at a meeting of said Boari held on the
2 14th day of March, 1913, duly struck off, sold and. awarded
3 by ssid, Board of Trustees to said. Southern Califprnia Edison
4 Company, its successors and assigns as the highe3t bidcleT'
5 therefor, for the 311M of $200.00 in United State(,,old Coin,
6 and
7 WHEREAS, said Southern California 7dison Cavany has
8 deposited with. the Clerk of sald City of Peaumont, in the
9 manner arA in the tine rcrnlired by law, the :Cull amount of
10 said bid of S'00.00 in Gold Coin of the United States, and
11 WHEREAS, said Southern California Edison Conpany (11d,
12 after said franchise was coEtrueir. off, sold and awarded. to it,
13 and within five days thereafter, filo with sa-H 3oard of
14 Trustees a bond running. to said City of Beaumont in the
15 penal eur of 4500.00, being the amount heretofoe fixed by
16 said Board of Truetees as the 'renal sum of sell ':)ond,
17 said bond was a good and suffieient bond, and wal in all
18 res-oeets as required by law, and was thereon and heretofore
19 and is hereby duly approved by said Board of Trulteee,
20 Now, Therefore, the Board of Trustees of the City of
21 Beaumont, do ordain as follows:
22 Section 1. That there be and ter e is hereby 'frantto
23
Southern California Edison Company, a corporatiol organized
24 and existin;s under the laws of the State of Cali:xmia, its
25 successors anl assigns, the franehise, riht, pr:Lvilege and
26 permission to erect and construet, and for a perod of fifty
27
years to nalntain and operate, piers, masts, poles and other
28 superstructures upon or from 7thito suspend, affix and hang
29 wires, cables or other aispliancee for transmittin electricity
30 and to lay, maintain and operate, wires, aables tno, other
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appliances for tranemittin8: andonducting electrieity under,
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over, upon, across and along the City roads, higIlways, public
ways, streets, lanes and public plaees of and in the City of
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Beaumont, State of lellfernial described ae follows:
71A -inning et a point in teee road enewn an the Beaumont—
Banning road, where Bair road intersects the Wedit boundary
lino of teee City of Beaumont, eold West boundery line bein
he e
tWhe est lino of t1i. Northeast quarter (N. F. 1:40 of Section
9, Toemehi-e 3 South, Range 1 West,. S. F. P. e MI; thence In a
general Southeasterly direction to the intersec7ion of sale
Beaumont—Banning Foad vrith 7eile Street; thenoe alone. te
following streets in eale City of Beaumont:
On seld veile et. free t) S.P.'e.R. R/w to "D" Street;
On said "Du t. fro e Valle St. to Californla Ave.;
On eald California Ave. f-eom the S. P. e. H. R/7 to ath St.
On erid California Ave. from 8th St. to 9t111 St.;
On Telwood Ave. fro: D St. to 8th St.;
On 7gan Ave. from the S. P. e. R. R/W to F St.;
On Grace Ave. from the S. P. F. E, qW to E St.;
On Fegar Ave. from the S. I'. e. -e. R/W to !A,11 St.;
On 7deear Ave, fror. eth St, to 9th St.;
On 'Euclid Ave. fron ith St. to eth St.;
On Euclid Ave. fvon 7th St. to 8th.;
On Beaumont Ave. froie Lith St. to 8th St.;
On Fifth St. from California Ave. to Euclid Ave.;
On Sixth St. fro le eelifornia Ave. to BeaumOnt Ave.;
On Seventh St. free 7:(1gar Ave. to fleaumont Ave.;
On Eleeth St. from Welwood Ave. easterly along said 8th
St. to ite intersection with the East line of said
City of Beaumont, eeie. East line beineAhe East line
of Seetions 3 and. 10, both in Townehip3 South,
Range 1 hest S. 2. 3.
Section The selei Southern California lidleon eoteeany,
its sulees;Ors end aseiene, is hereby iereeted tH bove een—
tioned frenehise, r' t, leeivilege and eermissiOn hereinbefore
designatee for t t of fifty year froe: ane:Jefter tee date
when tM1 orlinance tae effct.
Section 3. That oaid franchise, right, pilAviiege and
permiesion is eraeted to said Southern Californiia Edition Com—
pany, fticceor nd afigns, upon the following terms
aro eonditions, viz:
(e) That such electric ystem an that soh poles,
wires, cables, conduits ani other Feepliances, br ! eonstreeted
and maintainel ane o-oeratee in aceordance elth cleh provielone
Of the Stetutes of the State of California, ane ordinences
of the City of Peaumont as may be applicable thelreto;
(b) That said Southern California Edison Company, its
suclessers or assie'ne, s'eell within four nontts from the eate
—1—
1 tekin.e effect of this ordinance, oono e in ;ood faith the
2 work of eonetructin or acquiring such electric system and
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t1 eppliances connected therewith, end the seid :out?:,een
4 Oeltfo7nia !don Company, its successors or eseli:me, shall
5 thereafter in good faith. complete the construction or ac -
6 quisition of euch electricsystem and the appliances connected
7 therewith elthin not more than three yeare efter euee comeence-
8 ment, kn:H. if not oo comeenced ,1:y1d completed within eeici tie°,
9 thio franchise, eetht privilege and permiseion lereby ieented
shell be forfeited;
(c) That eald Southern California Edieon (lompany, its
311.130SGOr3 or aseiene, hall durine the life of ehe franchise
hereby ranted, ray to the City of 3eaumont In lawful money
14 Of the United States, 20 of the gross annual receipts of said
Southern Celifornia Edison Company, lte suceessors or eselns,
artein fro. t} 118, operation or possession of the franchise
hereby erantei. No percentagm'ehell be paid foe the first
five yeers eucceeJine the date of the said franehise hereby
rented, ea -t thereefter fxuch percentage 8ha11 be payable
annually, ane. in the event eaid peyment is not nude said
franchise ehall be forfeitel herein ee1d Southern Cali-
fornia Edieon Company, its successors or aseigns muet file
with the Clerk 01' the City of Beeumont, at the eepiration of
817 leers frore the date of the franehile hereby ixanted, and..
at the expiration of each and every year thereafter, a etate-
!pent verified by the oath of the manager or an officer of said
Southern Celifornidieon Company, or by the oath of the
succeseors or a8elegls ef eeld Southern Califernie Edieon
Company ehoving the total gross receipte and grose earnings
collected. or received, or In any manner gained ox derived by
the said louthern California Edleon Company, its successors
or aseins, during the preceding twelve months arieimj from
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1 t' uJo, operation or possession of said francili3c ITereby
2 grntol ai 'ciithin ten days aftev tPe date of filing thf'. '
3 aforosa atoont, said Southern California. Edison C,onpany,
4 its 11OC:f7',F1 3'2' ussigns must pay to the Treasurer cO.' .t••
5 City off 7eaumont, t)in gr ate sum of said poroontage upon
6 U:]c out of te TO annual receipts arising f'ren te use,
7 operation or 9ossession of said franhise, deter'Ane aryl coil-
8 puted in t:no ri.anner lereinabove provided.
9 Section 4. This ordinance shall tae efe3t thirty
10 days a::ter ti o final passago t'reroof shall he puOlisl-,ed at
A
11 least once in The Gateway Gazette, a newspaper p'inted
12 puolishd fri the City of 7eaumont, ';tate o r.,11.J'omla.
13 Passed au:1 aopte at a reollar meeting of to floard of
14 Trustees of: the City of Peaumont, State of California, hold
15 on the day of Mar3h, 1913, by the :folloil:!: vote:
16 Aye: Trustees
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18 NCKi8: Trustees
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20 Absent: Trustees
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ATT7ST:
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Chairman of th, Poa:77 of -Truqt665
of the City of Beaunont, State of
Clifornin.
26 City (irk.
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Ar :c' r7tUj±i, Lr'didr.-!
i i ,
iitv 'f
T'r' T3o9.rd f Trunteo of t.,1t Clity of rL 3r0!4J:
1. All E-r7;te for rtrttt:: rJrd th
cit y bt
t9t'th1ight0
ill 'II a-311;111 br: 7mr,J,
hir 1 r!:r1 11 1 .1711 bilt given in f-tt :.)i a for:I`
7,tcttitlit 2. datu,a :-;r1vi0_1(1 fIr in the Y.,tviour,, tttAon
311;411 bt Jin.ld 2.a 1 1J4.-17 JS75 ft htialPf t1 cortri.1
117'171te pilte ntt 11 t bric)f Tmll on 1$ ,901ttit;Itc-,17- of tIle
at AytnueThininr tt first ':lIr
7cotith. of D Street in the City cof ReauH.3nt; said bronlm btinc:
feet inches iblve tht concrete
sidtn'alk .-;n the relict side of said. 11.iiiings
S.tctiorl 3. eritntti 7At ril !':Ar!cmt
61.11rl -17; ette;,irt torn Tr',
g:,-.3,11 b
nr aPr,mirf tzm curb 11.31c.T iiritv• 1/4.1 ti -c
lin•e 1:,4-txce41
Pt4eT
3!...oti.:%1 4 i.111)--t7.7211r-P F11 -:n.11 Slpe!" upT.P.r(.7r; ---r( y
,!ru.rb rt .1 411,t l'1•7!1*.
"Lc' /47. ‘,/
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S'00,,ctifm
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Yens.
.14444.40a-
,i1,,r•••„ ••••:,`;'•,.— •
Absents
Attest,
1913.
Prmsictent of the I3or fT7t.nt•rmr..„,/
/
City Clerk,