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IIRDINANCE NO. 254. publish statements of all of the afore- �towit: <br />said facts and matters. together with <br />(a) That such pipes. pipelines. <br />Ail ORDINANCE OB''IHF, BOARD OF�I si atements of all other facts and <br />mains. conduits. and other appliances <br />111RUSTEES OF THE CITY OF matters in connection with the grant- <br />connected therewith be laid, main- <br />. kftWPfWRT BEACH GRANTING T(1 :ing of said franchise. said advertise- <br />tained, and operated in accordance <br />SOUTHERN COLT \TIES GAS CO3i- ;ments and publication being made <br />with such provisions of the statutes <br />PANY OF CALIFORNIA, A COB -' for and during the time and in all <br />of the State of California and ordiu- <br />PORATION'. A FRANCHISE TO i respects in the manner required by <br />ances of the City of Newport Leach as <br />$SCA VATE FOR, LAY, CON -i law. and said publication being core- <br />may be applicable thereto. <br />STRUCT MAUTAIN AND OPEH- pleted not less than twenty days nor <br />Provided, that the grantee. its suc- <br />ATE (;AS PIPES, 31AMS AND more than thirty days before any fur- <br />cessors or assigns. in the exercise. <br />GONDIITS FOR THE TRANS- 1ther action on said franchise was <br />use. or enjoyment of the franchise <br />MISSION A N'D .DISTRIBUTION' Ok'.taken by said Board of Trustees: and <br />granted. shall have no right, power, <br />POWER FOR BEAT, LIGHT, POER Whereas. thereafter such action <br />or authority to break. open, or r "e- <br />AND OTHER PURPOSES U \DER was taken by said Board of Trustees <br />move any pavement. sidewalk. or <br />iIND .[LONG* ALL OF THE I upon said application of said South- <br />curb oil or along any street. highway. <br />STREETS. ALLEYS, L .1 N E S,: crn Counties Gas Company of Cali- <br />alley. or other public ,place now or. <br />HIGH iS CYS A N D PUBLIC ; fornla. a corporation. in accordance <br />constructed without a special and ! <br />PLACES OF AND IN SAID CITY with the law in such case made and <br />separate permit therefor granted by` <br />CF NEBPORT REICH. provided, after due notice as provid- <br />at least three members of the Board. <br />ed by law in every particular as <br />of Trustees of the City of Newport <br />..he Board of Trustees of the City I above set forth. said franchise was, <br />Beach. <br />of Newport Beach do ordain as fol -! by resolution duly adopted by said <br />(b). That the grantee of said <br />lows: JBoard of Trustees at a meeting of <br />franchise. Its successors or assigns. <br />Whereas, on the 4th day of Decein- I said Board held on the 29th day of <br />shall within four months after the l <br />her. 192 "_, Southern Counties Gas ! January. 1923. struck off. sold. and <br />date of granting said franchise com- <br />Company of California. a corporation. <br />awarded by said Board of Trustees <br />mence in good faith the laying of such <br />- organized and existing under the <br />to said Southern Counties Gas Com- <br />I pipes. pipelines. mains. conduits, and <br />.laws of the State of California. filed <br />pany of California. a corporation. its <br />other appliances connected therewith. <br />with the Board of Trustees of the <br />successors and assigns. as the high- <br />and shall hereafter prosecute such <br />City of Newport Beach. California. an <br />est bidder therefor. in the sum of <br />work diligently and in good faith so <br />application in writing. requesting said <br />$50.00 gold coin of the United Staten: <br />as to meet and fill the reasonable <br />Hoard of Trustees to advertise for <br />I and <br />needs of the inhabitants of the City <br />sale and sell the franchise herein- <br />Whereas. said Southern Counties <br />of Newport Beach. <br />after set forth: and <br />Gas Company of California. a corpor- <br />let That if the work herefuabove <br />Whereas, said Board of Trustees. <br />ation. has deposited with the City <br />described is not commenced as here- <br />' by resolution duly passed and adopt- <br />Clerk of the City of Newport Beach, <br />in provided the franchise shall be. <br />ed at a regular meeting of said <br />in the manner. and in the time. re- <br />declared forfeited. <br />Board of Trustees held on the 5tb day <br />quired by law. the full amount of <br />SECTION 3. <br />of December. 1922. resolved to grantsaid <br />bid of $50.00 in gold coin of the <br />That the grantee of said franchise„ <br />said franchise for the term of twenty -;. <br />United States: and <br />its successors or assigns. shall dur -' <br />fire years upon the terms. conditions! Whereas. said Southern Counties <br />ing the life of said franchise .pay to l <br />and restrictions imposed and requir- I Gas Company of California. a corpor- <br />the City of Newport .Beach in lawful' <br />ad by Idw- and by said resolution so'ation. did after said franchise was so <br />money of the United States two per' <br />- passed ,.id adopted as aforesaid: Istruck off. sold, and awarded to it. <br />cent of the gross annual receipts of <br />and and within five days thereafter, file <br />i <br />said grantee. its successors or <br />Whe:^. ;,, said Board of Trustees with the Board of Trustees a bond'assigns. <br />arising from the use. oper-. <br />:resolv0 that sealed bids for said i running to said city of Newport <br />ation or possession of said franchise: <br />franchi:= be received by said Board Beach in the Penal sum of $500.00. <br />provided. however. that no percent-' <br />qf True 7ecs up to the hour of 7:30 being the amount heretofore fixed by <br />age shall be paid for the first fivci <br />&clock p. m. on the 2nd day of Jan- said Board of Trustees as the penal <br />years succeeding the date of said •, <br />nary. 192;, and that said bids be open -I sum of said bond. which said bond <br />franchise. but thereaf[.-r such per -! <br />ed at said last mentioned time am] i was a good and sufficient bond. and <br />tentage shall be Payable annually. t <br />date. and that said franchise be was in all respects as required by,and <br />such franchise shall b-, forfeit - <br />I-. therenpon sold, struck off. and Ilaw. and was thereupon and hereto -led <br />by failure to make the payments <br />awardM to the person, fir. or cor- 'fore. and is hereby. duly approved by <br />m <br />provided for: and herein it shall be <br />poration making the highest cash bids said Board of Trustees: <br />the duty of the grantee of said fran-. <br />therefor, in the manner provided by <br />NOW THEREFORE. the Board of <br />chise. its successors or assigns, to <br />law, and that said meeting of said <br />I Trustees of the City of Newport <br />ffie with the Clerk of the Board of <br />Board of Trustees did by resolution <br />I Beach, do ordain as follows: <br />Trustees of the City c Nervport 1 <br />prescribe and fix the sum of $500.001 <br />SECTION 1, <br />Beach at the expiration of six years <br />to be the penal sum of amount of the <br />! That there be. and there is hereby, <br />from the date of granting of said <br />bond required by law to be filed by <br />granted to Southern Counties Gas <br />franchise. and at the expiration of <br />the successful bidder for said £ran- <br />Company of California. a corporation. <br />each and every year thereafter, a' <br />chise; and <br />its successors and assigns. the fran- <br />statement, verified by the oath of <br />Whereas. said Board of Trustees; <br />chise and right for the period of <br />said grantee. its successors m+ <br />did by the aforesaid resolution au[h- <br />twenty -five years from the granting <br />assigns, or by the oath of the [nun -t <br />orize and direct the City Clerk of <br />i thereof. to excavate for. lay. con- <br />age• or an officer of said grantee. its <br />said City of Newport Beach. for and <br />Uruct. maintain and operate gas <br />.successors or assigns. showing the <br />on behalf of said Board of Trustees. <br />Pipes. mains. and conduits for the <br />total gross receipts and gross earn - <br />to advertise in the manner and for <br />transmission and distribution of gas <br />ings collected or received or in ally <br />the Period required by law state- <br />for heat. light. power and other pur- <br />manner gained or derived, by the <br />ments of all the aforesaid facts and <br />Poses under and along all of the <br />grantee. its successors or assigns. <br />matters in connection with the grant- <br />public streets. alleys, lanes. highways <br />during the Preceding twelve months. <br />lag of said franchise. as required by <br />and public places of and in the City <br />jarising from the use. operation, or <br />raw to be advertised and published: <br />of Newport Beach. State of California. <br />possession of said franchise. and <br />and <br />The term of said franchise shall <br />within tell days after the date of fil- <br />Whereas. it appears to this Board <br />be twenty -five years from and after <br />ing the aforesaid statement it shall. <br />'I of Trustees by affidavit of publica- <br />the date of granting the same. <br />be the duty of said grantee. its suc- <br />tion on file with this Board that in <br />SECTION 2. <br />cessors or assigns. to Pay to the City <br />pursuance to said order of said <br />The terms and conditions upon <br />Treasurer of the City of Newport <br />Board of Trustees said City Clerk did. <br />which staid franchise was offered for <br />Beach the aggregate sou of Bald <br />as required by law. advertise and <br />sale and is granted are as follows, <br />percentage upon the amount of [he <br />