HomeMy Public PortalAboutOrdinance 2351
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ORDINANCE NO. 4.3S -
AN ORDINANCE OF THE CITY OF BEAUMONT, STATE OF CALIFORNIA,
GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION
ORGANIZED AND EXISTING UNDER AND BY VIRTUE CF THE LAWS
OF THE STATE OF CALIFORNIA, AND SOUTHERN COUNTIES GAS
COMPANY OF CALIFORNIA, A CORPORATION LIKEWISE ORGANIZED
AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE
OF CALIFORNIA, THEIF. SUCESSCRS AND ASSIGNS, AS 7E -ANTS
IN CCisMON, A FRANCHISE AND PP IVILEGE FOR A TERM OF FIFTY
(50) YEARS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, USE,
REPAIR, REPLACE AND/OR REMOVE, A SYSTEM OF CONDUITS,
MAINS AND PIPE LINES, TOGETHER WITH SUCH VALVES, FITTINGS,
MA'HOLE ,, APPURTErAA'CE5, AND E ,UIPMENT, AS THE GRANTEES,
THEIR SUCCESSORS AND ASsICTNS, MAY DEEM NECESSARY OR CON-
VENIENT, IN, UPON, UNDER, ALONG AND ACROSS CERTAIN PUBLIC
STREETS OF CITY OF BEAUMONT FOLLOWING ONLY THE ROUTE YORE
PARTICULARLY DESCRIBED HERE INAFTER.
THE CITY COUNCIL OF THE CITY OF BEAUMONT, STATE, OF CALIFCRTTA,
DOES ORDAIN AS FOLLOWS:
Section 1. The franchise, privilege and right is hereby granted
to Southern California Gra Company, a corporation organized and
existing under end by virtue of the laws of the State of California
and Southern Counties Gas Company of California, a corporation
likewise organized and e:{isting under and by virtue of the laws of
the State of California, their successors or as,si_ns, as tenants in
common, with an undivided three -fourth (3/4) interest in Southern
California Gas Company, and an undivided one-fourth (i/4) interest
in Southern Counties Gas Company of California, for a term ar fifty
(53) years from and after the date of the adoption of this ordinance
to lay, construct, operate, maintain, use, repair, replace and/or
remove, a system of conduits, mains and pipe lines, together with
such valves, fittings, manholes, appurtenances and equipment as the
grantees, their successors or assigns, may deem necessary or con-
venient, in, upon, under, along and across certain public streets
of City of Beaumont following only the route described as:
Beginning in First Street at the East
boundary line of Pennsylvania Avenue;
thence in First Street Westerly to the
West boundary line of Minnesota Avenue.
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the improvement of any highway makes necessary the relocation of
a pipe line installed under said franchise, said relocation shall
be done at the expense of the grantee of said franchise.
Section 5. The grantee or grantees of said franchise and
privilee, his, its or their successors or assigns, must, during
the life of said franchise and privilege, pay to the City of Beaumon
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 from the use, operation or possession
of said franchise and privilege. No percentage shall be paid for
the first five years succeeding the date of said franchise and
privilege, but thereafter such percentae:e shall be payable annually;
and in the event said payment is not made said franchise and privi-
lege shall be forfeited. In the event the grantee of such franchisee
shall be e person, firm or corporation, operating or maintaining
an existing gas distribution and transmission system in the City
of Beaumont said payments of two per cent of the gross annual receip
of such grantee, his or its successors or a.ssiss^ns, arising from
the use, operation or possession of the franchise, shall be payable
annually, beginning as of the effective day of the ordinance
granting the franchise; and it shall be the duty of such grantee,
his or its successors or assigns within three monthsaf'ter the
expiration of each and every calendar year, or fractional year,
during the term thereof to make said payment of two per cent of
the gross annual receipts arising from the use, operation or
possession of the franchise during the preceding calendar year or
fractional calendar year.
Section 6. The grantee or grantees of said franchise and
privilege shall, within thirty days after the passage of the
ordinance granting saidfranchise and privilege, file with the City
Council of the City of Beaumont of said County of Riverside a
-3-
written acceptance of the terms and conditions of such ordinance;
and said franchise and privilege shall be granted upon each of the
conditions and provisions herein contained and in consideration of
the promise of the grantee or grantees
each of such conditidns and provisions
and observed by him or them, and in the
the grantee or grantees shall agree to
said conditions and provisions.
Section 7. Said franchise and privilege
exclusive.
Section g. The grant of this franchise and privilege is
thereof to
keep and observe
herein expressed to be kept
acceptance of said franchise
keep and observe each of
shall not
be
effective only upon the further
successors or a ssims, shall at
franchise and privilege keep on
City of Beaumont a bond running
condition that the grantees, their
all times during the life of this
file with the City Council of the
to said City of Beaumont in the penal
sum of One Thousand ($1,000.00) Dollars, with sureties to be
approved by said City Council, conditioned that said grantees shall
well and truly observe, fulfill and perform each and every term
and condition of such franchise and privilege, and in case of any
breach of condition of such bond the whole amount of the penal sum
therein named shall be taken and deemed to be liquidated damages
and recoverable from the principals and sureties upon said bond.
Section 9. The neglect, failure or refusal on the part of
said grantees, their successors or assigns, to comply with, keep
and observe the terms and conditions of said franchise and privilege
shall be a cause for forfeiture of said franchise and privilege.
Section 10. This ordinance shall take e`Tect and be in force
thirty (30) days after the date of its passage and shall within
fifteen (15) days from the date of its passage be published for
the time and in the manner required by law.
Passed, adopted and approved this 9',‘Z day of ,a/
19 47 .
fL
City Clerk
51ZIL Of OnLIFORII-L)
COUli Of fidVER;3IDL)
RiiCiGONI;, City Clerk of the City of
Beaumont, California, do hereb: certify th,t the foregoin ordinance
numbereh 23( waS duly and reularl, introduced at a reular
meeting oi -6a City 60uncil of said Liit:; held on the day of
npril, 1947, anC , regulhr meeting or said City
Council on the 94 (Aiy of npril, 19/1.7.
Comcilmen:
e
..A06: Councilmen:
ncilmen:
iiiiTeD this /4 a,, ofo ri1, 1947.
City- Clerk