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HomeMy WebLinkAbout242 - Pipe Line System Franchise242- to .said city- c •EQ$ TRAM q xnar. RTA71`ON, weacn ,".we penal sum of nave nun- dred ($500:00). Dollars, the grantee, his or.�lts successors or -i 1.._ , as prescribed assigns, any right, power or authority blVIZ T,: AND vxl, UNDER, BALE OF OIL AND ALONG CER. by said Board and set forth in the for bids to -cut, break or otherw ae .open _or VAIN STREETS, ALLEYS, ROADS , advertisement and condi- i tioned as required by law, and which remove any of the concrete pavement l " AND HIGHWAYS IN THE CITY OF I bond was and is duly approved by of any paved highway, street, alley or public way in the City "- of Newport P NEWPORT BEACH COUNTY OF said Board of Trustees, Beach and pavement shall cut, ., 0$ANGE9 STATE OF CALIFOR -� NOW THEREFORE, of broken or otherwise opened or re- o NIA. _ The Board of Trustees of the city moved therefrom without further ` of Newport Beach do ordain as fol- consent granted by the Board of The Board of Trustees of the city lows: Trustees of the City or Newport of Newport Beach do ordain as Pol- Section 1: That there be and there Beach by the affirmative vote of at lows: is hereby granted to said Thomas W. least Pour members thereof. .WHEREAS an application was Simmons, his successors anc assigns, �. Section 8: That the grantee of heretofore made to the .Board of a franchise to construct and for a said franchise, his, its, or their suc - Trustees of the city of Newport Beach, period of forty years to maintain cessor?; or assigns shall In cleaning ,.State of California, b Thomas W, y and operate a system of pipes and said pipelines, manholes, appliances Simmons requesting said Board to Pipe lines for the transportation, de- and attachments or traps, see that no � - advertise for sale and sell the Pran -i livery and sale of oil and its by- oil or other substances are placed chise hereinafter set forth, where. products upon and across all those upon said highways, streets, alleys, upon said Board of Trustees by certain alleys, highways, streets and or public ways in such way as to in- order duly entered upon its minutes public highways in the city of New terfere with travel thereon, or the at a meeting of said Board held on Port Beach, Orange County, Calffor- convenient and ordinary use of said the 21st day of May, 1923, directed the -nia, in the territory situated within) streets, alleys, highways, and public advertisement for sale, said Pran- said city and described as follows, ways, and any materiar taaen from .chise, .upon the terms, conditions and to -wit: said pipe lines, manholes,. or traps, restrictions imposed and required by Over, along, upon and under appliances and attachments, shall be law and as set forth in the notice all those certain streets, alleys. i removed from the said streets at the of sale thereof, and that sealed bids roads, highways, public ways and expense of the grantee of said fran -I for said franchise be received by thoroughfares in the city of New- chise his, its, or their, successors or said Board up to the hour of eight port Beach lying Westerly of assigns. o'clock P. M. of the 16th. day of the Easterly line of Nineteenth Section 9: That ever y Pipe line Street of said city of New July, 1923, and that sealed bids be port laid or maintained under said Pran - � opened at said time and that said Beach and the Northerly and chise shall be laid so that the top franchise be struck off, sold and Southerl:, prolongation of said of said pipe line shall be not less awarded to the person, firm, or eor- Nineteenth Street. than eighteen inches- under ground, poration making the highest cash bid Section 2: That the said Thomas -slid unless the Board of Trustees of therefor, as and in the manner pro= NF. Sim:nmts, his ssccesors and as-:I I Bald city of Newport Beach shall vided by law, and at said meeting signs are hereby granted t:: :'i.::ce � otherwise direct, shall be laid along said Board of Trustees prescribed ll.ellt'ored franch; e for t:ie Term of the sides of the streets, alleys, high - and fixed the sum of Five Hundred fo,y y rs tot, vlAl t tie u,tc ways and public ways, and shall be ($500.00) Dollars, it being the penal uhnt to ; or,3.ce en . laid and constructed not less than PiP- sum or amount of the bond required `' 1O1 at "hid i e :, t ise, teen Peet from the center lines of by law to be Piled by the successful €. -c, P.i ". .,! .- -d yMnis:u -n is such streets, highways, alleys, and bidder for said franchise, as appears 't'''amed c ,Mitt 1';.._u,aa 1C. Si.:nn'ca, !public ways sixty feet or more in from the notice of sale thereof, and s s't. "� " "' iwidth, and within five feet of the WHEREAS, said Board by the or- tot "- .j 't ivc, )�•s r"- curb line on all other streets, alleys, der and resolution aforesaid, author - -'his roads, highways and g public -ways i2ed and directed the City Clerk of i j .o ` � ' �� n L , � 't ,� s u where a curb line has been establish -� said city for and on behalf of said "t t "' ! t,. t i ti i'1 „]co. ed, and within five Peet of the pro -' city, to advertise in the manner and it g e. n: n : ",f ., __. cr.� perty line on all such streets, alleys,: for the period of time required by Clerk ,L " c� iT ` 'r' - 3_.:cit - highways, roads and public ways, - law, statements of all the aforesaid a ,crEde acc'Ptu:.ce of ti.:: iz; ris si d less than sixty Peet in width where Pacts and matters, together with a ccuditimts herein c::p: ,�� =.,>,:.. no curb line has been established, statement of all other Pacts slid mat- Section 4: That the fn-:u "grantee" provided that where it is necessary ters in connection, with tae sale and herein used s::ull be a(ld a.:d con- to lay an of said y pipes or pipe lines granting of said franchise, as re- strued to inelttde the grantee or ns, through or across any macadamized quired by law to be advercaed and i[s, or tiw'.r successors or assigns. or or Paved streets, alleys, highways, published, and Sector, 5: That all pipe: r.i:d pipe public ways, or any part thereof, the' he appears to said � . WHEREAS it now a lines to be laid and maintained under same shall be restored to its original Board of Trustees by the affidavit of t!lfs fmrieblse shall be of g;ed condition by the grantee of said publication on Pile with said Board, material and workmanship. franchise, his, its, or their successors that in pursuance to the orders and directions of said Board said City ' Section 6: That the grantee of this or assigns, and at his, its or their r Clerk did as required by law adver- franchise, his, its or their successors cost, and without any cost said city, and in the event it is necessary tise and publish a statement of allior assigns shall have the right to lay, to lay or construct any such construct, o erate, and maintain such the afowith Pacts and matters, to- P pipe line or Pipe lines across any $ether with a Statement of all other traps or manholes, appliances and portion of a paved or macadamized street, attachments as may be necessary to facts and matters in connection. with y y alley, road or highway or public way, the save and .granting of said Pran- afford proper access to said pipes and the same shall be done by a tunnel chise, and that said advertisement P1Pe lines for cleaning and maintain- ing the or bore thereunder, unless the Board and publication was made for and same, and said traps, man- of Trustees of said city of Newport during the time and in all respects holes, appliances and attachments, Beach shall direct otherwise, and shall at all times be kept as required by law, and that said pt Yrusn with - said tunnel bore thereafter filled, publication, was completed in not less the surface of the highway, and so after the insertion of the pipe or pipe than twenty days nor more than located as to conform to any order lines therein so that the highway of the Board of Trustees of the city thirty days before any action on the, y shall have strength after said tunnel sale of said franchise was rsen by of Newport Beach, California, in re- or bore Passes thereunder equal to the said Board of Trustees, as ap- g and thereto, and shall also be so its strength before such tunnel or pears from said affidavit of publica- :laid, constructed, operated, and main- bore was made. thin on Pile herein, and from the I tained that such pipe lines will not Section The Board of Trustees other records and Piles of te pre- h interfere with the use of an y of city said city of Newport each may ceedin s relative thereto, and g said streets, alleys, highways or pub- el elect repair any street, a alley, road, WHEREAS such action was taken lac ways for travel. highway or public way or any per- by said Board of Trustees on said ap- Section 7: That the grantee Of tion thereof in which the grantee of placation and the notice of sale of said franchise, his, its or their suc- said franchise, his, its or their iic- said franchise, and all in accordance cessors or assigns, shall have, the,cessors or assigns may have ex -! with law in such cases mare and right, subject to such regulations as'cavated for the purpose of laying provided, so that on the 16th day of are now or may hereafter be in force!pipe lines, or maintaining, July, 1923, at the hour of eight o'clock in said city, to make all necessary�or oieaning, repairing said pipe lines, traps, P. M. of said day after due notice excavations in said highways, streets, manholes, appliances and attach - given as aforesaid, said franchise was alleys, and public ways for the con- iments under the provisions of said by resolution duly adopted oy said struction or repair of said pipe lines, !franchise. and the reasonable cost of Board of Trustees, duly. struck off, traps, manholes, appliances and at -'such repairs shall be a charge against` .sold and awarded by said Board to tachments. - - said grantee, his, its or their suc -! Thomas W. Simmons, his successors or assigns and shall and asigns, as the highest bidder .therefor, for the sum of $100.0,0, gold within fi g*_-, tion o thirty days after :t1?8 D esHE♦;d='T tion of the bill therefor ft}X coin df the United States, and ®ho Cit9: deudsited' said.sum with the Clerk of Section '18: ; That if said grantee, repairing of any pipes or Pipe lines, his, its or their successors or assigns, ' any trench or excavatio ,u ee -or, shall fail to comply with any in -! that purpose shall at night time from structions of said Board of Trustees i sunset to sunrise, be protected by red _ of Newport Beach with respect to the 'lights placed at each termini of such location of any of said pipes; pipe trench or excavation and along the lines, appliances; manholes, traps, or line thereof, at neat more than three attachments thereto, or to repair any hundred feet in distance apart. damage to such streets, alleys, roads, Section 12: That any damage or highways or public ways done or injury suffered by .any person by suffered to be done by said grantee, reason of any excavation or by rea -- his, its, or their successors or as- son of any obstacle tieing .)'.aced up- on said streets by said grantee, his,l signs within ten days after the der- vice of written notice upon said its, or tl' :sir si :ccossors or assigns, or by reason of ill; doing of any work i grantee, his, its, or their successors iu corinectiou wall The laying of said � or assigns, requiring compliance _ therewith, the said Board of Trus- pc;n line. o Lv reason c sa :� w er7f tees of said city of Newport Beach uc;,;g in,,nop,r_y 6- ...t, -d dttallg ills. i may immediately 'do whatever work o' ,t,t. w)). necessary to carry out the said inid Lf, t n 2 c rlttuCe a a'.i 1+. borno u. . i tbs f : , instructions at the cost and expense a, '. c -;oeas 4s moo: of said grantee, his, its or their suc- I Pessors or assigns, which cost by the crtc t +:.rl, acceptance of said franchise, said grantee, his its or their successors or in i eil t, assigns agrees to pay upon demand. t " t of !n ;t c Section 19:, That the work of con- ! on .it t n ', � .i.i m cor , �c.;. strutting and laying said pipes and ut uez s. ill r , rh sl a,. tt cn., pipe line system, together with such uti(teil tuth the less. ?Wss hie hm� traps, manholes, appliances, and at- ciraace to fl;0 nsc of the said hi ' _ tachements in connection therewith, g" 'shall be commenced in good faith not teats, streets, alleys, roads rnW pub -'more than four months from the date lie ivajs for Purposes of travel, and as soon as the laying or repairing of of the ordinance granting said fran- _ chise, and if not so commenced with- any -pipe lines or other appliances in in said time, said franchise so granted connection therewith is completed, shall be, by said Board of Trustees all portions of the streets, alleys, of said city of Newport Beach, de- roads, highways and public ways. clared forfeited, and said work when which have been excavated or other- ;begun shall be prosecuted diligently wise injured thereby shall be placed and in good faith so as to deliver oil for shipment through said pipe lines in , good condition cc said grantee, P g P D I his, its, or their successors or as- within eighteen months ,.Tom the signs and at their, cost, as the same date of. the granting of said franchise. j were in before the laying of such Section 20: That the grantee of Pipe lines and appliances in connec -: said franchise, his, its or their suc- tion therewith, and all to be done to cessors or assigns, shall during the the satisfaction of the Board of Trus -; life of said franchise, • pay to the tees of said city of Newport Beach. city of Newport Beach, California, in i Section 14: The grantee, his, its lawful money of the United States, or their successors or assigns, shall ".No per curt of the gross annual ra within thirty days after the laying ceipts .of said grantee,. his, its or of any pipe line or lines, or appli -I their successors or assigns, arising antes in connection therewith under from the use, operation or possession said franchise, file with the Board of of said franchise, provided, how - Trustees of said city of Newport ever, that no percentage shall be Beach a map showing in detail the paid for the first five years succeed- ;length and size of pipe or pipe lines ing the date of said franchise, but installed and attachmenst or appli- thereafter such percentae shall be antes in connection therewith, ands payable annually, and in the event the location of same in the street, such payment is not made, said fran- both with reference to the surface chise shall be forfeited. a I Srctice 'A, .t shad be tiro duty and with reference to the property ; and curb lines along said street. rf he gr:.u;re of sa ?i franchise, or Section 15: That if an y portion of his, its, or their successors or assigns, to file with the Clerk of said Board any street, alley, highway, public I of Trustees of said city of Newport way or thoroughfare upon, along, Beach at the expiration of s:x years under or in which any pipe lines or from the date of granting of said appliances in connection therewith franchise, and at the exptran:on of shall be damaged by reason of breaks each and every year thereafter, a or leaks in any pipe or appliance in I statement verified Ill -y the oath of connection therewith, constructed,: said grantee, his, its, or their succes- under this fPr�anchise, the grantee i sors or assigns, or by the Date of the thereof his, its, or their successors manager or presiding officer of or assigns, shall at his or its own I said grantee, or his, its. nr their suc- expense repair any such damage and cessors or assigns; showing hi de- put such highwhy In as good condi- :ail the gross receipts aad i.l._ tion as it was before such break or Dross earniues collected or receivc.;I leak, to the satisfaction of the Board I �y said grantee, or his, its, or c11vir,: of Trustees of said city.; °uecrssors or assign Section 16: All pipes, pipe lines, n _ s curing �'.:e' and other physic all property con - piece hug twr to m u.( from the strutted and maintains* under the use and cp rstiin ul am 1 ,,s m t t ., c;. c..ucc ..,_i provisions of said franchise upon any I ,�; b ,. -,,_ n „1, .f.l till: of the streets, alleys, roads, high - t,. Is ni., urot sio :.s .,f ,, ;ways or. Public ways within any por- ! ,,, withsli :.an rs):e� 'tion of the territory covered by said -a ;, q;,r,•ga t,i ,;, �_.,,i. ,.`; franchise, shall be constructed and maintained in conformity with all the , laws of the State of California and _t :,. gr,,st_,.,,,,.,,,. with all the ordinances, orders, rules : and regulations of said city of New- ;;,ts ar::a<t , - . c: 'port Beach, or any officer thereof t -.nlmlimt Of _ 'who may be authorized by said Board. , u •, t, of Trustees of said city to exercise .ion qi a ::g o of n art power and control over suco streets, And if the au cart p =td s alleys, thin ayighways and public � , in tile ju ,get to t ur the i ant n ways within said city. Trustees of the said city of Nc,ecpoiti Section 17: That the said city of Beach they may order the payment` Newport Beach, California, reserves the right to change the grade of any street, alley, highway, road or public way over which said franchise is granted, and ..the granite of,said franchise, his, its, or their Successors or assigns shall at once change the Incaha?b.; o;y a ;igiprs and other. ap- . �Sa; of find due hereunder, and "if aaer paid the same may be collected by suit, and any neglect, omission, or refusal by said grantee or his, or its or their.l1' successors or assigns file such. verified verified statement or pay the said percentage of the said grow. annual receipts at the time or in the manner hereinbefore providiedJon shall ipso facto, work a forfeiture; of . said franchise and all rights.. ther, under, to the said city: of •Newport. Beach. - Section 22: Said grantee, or his, or its or their successors or assigns:. shall not sell, transfer or assign said franchise or any of the rights. cad privileges granted thereby, except by` duly executed instrument in Writing; filed in the office of the Board of: Trustees of the said city of New port Beach, and nothing in said . franchise contained shall be con strued to grant to said granter his its, or their successors or assigns,: any right to sell, transfer or "Ask;. said franchise or any of the rlghti -; and privileges thereby grari{.ed, ex. cept in the manner afdresaid. Section 23: That aey "Iful neglect, failure or refusal' on . the.; part of said grantee, his, its or their. successors or assigns to comply with any condition of said franchise shalt, thereupon immediately ipso . facto of feet a forfeiture thereof, and the said city of Newport Beach; by its Board of Trustees, may thereupon declare . said franchise forfeited and may ex- clude said grantee, his, its or their successors or assigns from any fur- ther use of any of the streets, alleys,, roads, highways, or public Ways 'of said city under said franchise, and t said grantee or his or its or their. f A Galley —FOUR i successors or assigns shall thereupon immediately surrender all rights in and to the same and said franchise shall be deemed and shall thereafter` remain null, void, and of no. etfecG Section 24: This Ordmarce shall be published once in the Newport, News, a newspaper of genera] cir- culation, printed, published and circulated in the City of Newport Beach and shall take effect and be irt,- force 30 days after its passage. The above and foregoing Ordinance No. 242 was introduced at a regular meeting of the Board of Trustees of the City of Newport Beach held, on the 13th. day of August, 1923, and passed at, a regular meeting thereof held on the 3rd. day of September, 1923, by the affirmative vote of the following named members of said Board of Trustees: : AYES; Trustees, J. J.' Schnitker, H. C. Sloan, Geo. P. Wilson, Conrad Richter, L. S. Wilkinson. NOES, Trustees, none. . ABSENT, Trustees, none. The above and foregoing Ordinance No. 242 having been this day passed, is signed and approved by me. J. J. SCHNITKER. President of the Board of Trustees of the City of Newport Beach. ATTEST: ALFRED SMITH Clerk of the City of Newport Beach. Publish Sept., 1923.