HomeMy WebLinkAboutORDINANCES - 09021913 - 0130 I
ORLIDINANCE NO* 130
i
Ordinance ,granting to so Waldo Coleman his successors and assigns,
the f ranch.se# rights privilege and permission to lay down, constructs
maintain and operate a system for the manufacture of and di s tri.bu.w
tion of gasp gas pipes, fixtures* appurtenances and appliances as may
be convenient and proper ,through,, under and along the roads, hi ghway-s p
i
public ways# streets, lands and public grounds and places of and in
the County of Contra Costa, state of California, for the purpose of
supplying and conveying gas for furnishing light# heat and power or
any thereof: and for all or any other purposes for which gas can or
may be used# for the period of fifty (50) gears from the dates of
this Ordinance.
They Board of Supervisors of the County of Contra Costa, Mate of
California$ do ordain as follows
SECTION I* S. Waldo Coleman, his successors and assigns,, are
hereby ranted the franchises right„ privilege and permission to lay
down, constructs maintain and operate a system for the manufacture
and distribution of gasp and all gas pipes, conduits, fixtures,
appurtenances and appliances as may be convenient and proper for the
manufacture and distribution of gas, and the maintenance and operation
of such system* through, under, aiong and acroww all the roads, hi g _
ways, public ways, streets, lanes and public grounds and places of,,
and in the County of Contra Costae state of California.. now without
incorporated towns, for the purpose of supplying and conveyi.hg gas
for furnishing lights heat,, and powers or any thereof, to and for the
use of the inhabitants of the County of Contra Costae State of Calif**
ornia, and elsewhere,, and for the use of the County of Contra Costa#
and for all, or any other purposes for wh.i.ch gas can or may be used.
SECTIOAll gas pipes, condu _ts, fixturesp appurtenances and
appliances as may be convenient and proper shall be so laid and
maintained as not to interfere with the usual and customary trade,
traffic and travel on the roads, hih rays, public ways, streets, lanes
and places s of and in the County of Contra Costa., State of California.
`y SECTION 3. Allg a s pipes$ fixtures,s, c ondu.i.t s$ appurtenances
and appliances as may; be convenient and proper# shall be maintained
at such a depth below the surface of the ground as not to interfere
with the usual and customary trade, traffic c and travel on the roads#
high �' �was public wa s, streets, lanes and public grounds and places of
p way
s$
in the County of Contra. Costa,. State of California*
SECTION 4* The franchise, right# privilege and permission
hereby and herein granted is not an exclusive franchise and ri.ght$ and
Contra Costa. to rant like franchisess
the right of said County of g ,
ri is privileges* and permission is hereby reserved; prodded, that
� � p g �
such, grants shall not interfere with the reasonable use of the
franchi.se t 'ri ght, privilege and permission hereby and herein. granted.
SECTION 5. The said grantee is hereby granted the said frau
chi.sa, rights privilege and permission hereinbefore designated, for the
term of fifty years from and cater the date of the adoption and pass.k*
age of this ordinance.
SECTION 6. That the grantee herein and his successors and assigns
in interest$ must during the life of this franchise, pay to the
County of Contra Costa, two per cent of the gross annual receipts
arising from the use,, operation and possession of said f'ranchi.se,
outside of muni.ci.pali.ti.es, provided, however, that no percentage
shall be required to be paid for the first fire years succeeding the
date of this franchise, right# privilege and permission, but thereaf ter#
such percentage shall be payabla annually, and in the event said
payments is not made* said franchises ri.ght p privilege p and per i s.
cion shall be forfeited w At the and of the sixth year from the date
of the granting of said franchi.se$ right, privilege and permission
and at the and of each and every year thereaf tern, the person, firm,
or corporation then owning or holding said franchise# right# pri.v.w
i le ge and permission,, must make and file with the clerk of the said
County of Contra. Costa, a sworn statement of the gross receipts
ariaing from the use, operation and possession of the said franchise
on said roads, highways, public gays, streets, lanes and public
grounds hereinbefore referred to, outside of the Incorporated limits
of muni.ci.pali ti a s, for the year then ended, and ifs. corporation
thea owns, holds or possesses said franchise, the SecretarT of such
FJ
corporation is hereb7 designated as the of Picer who shall Make such
sworn statement on behalf of such corporation,
SECTION 7. Work under said franchise, right, privilege and
permission shall be commenced within not more than four months from
the granting of the franchise therefor, and if not so commenced within
said time said franchise so granted shall be declared forfeited.
SECTION 8. Provided, however, that ex(stipt with the approval of
the Board of Supervisors of the County of Contra Costa, State of
California, no crossing of any County Road shall be made at distances
thereon nearer than one (1) mile, the one.. from the other,, and where
such County road is so crossed said. crossing shall be kept in proper
repair and condition,
SECTION 9. The franchise, etc* herein given is granted in puraw
suance to a resolution of the Board of Supervisors of the County of
Contra Costa State of California, passed and adopted at a regular meetdm
ing of said Board of' Supervisora held on the 18th day of August, 1913,
accepting the bid of the said Sm Waldo Coleman for such franchise.,
etc. and -awarding such franchise., etc. to him,, his successors, heirs
and assigns,, as the highest and best bidder therefor*
SECTION 10. This Ordinance shall be published once as required
by law in the Contra Costa Standard, a newspaper printed andpublished
in the County of Contra Costa., and shall take effect and be in force
thirty days after the date hereof, ,providing the same shall have been
so published as aforesaid# prior to that time,
Passed and adopted at a regular meeting of the Board of Superaft
visors of the County of Oontra Costa, State of California, held on
the 2nd day of September, 1913, by the following vote to wit*
AYES Supervisors Warren McBryde, J. P. Casey* Vincent Hook,
Wo J0 Buchanan and J. He Trythall,
NOES* Supervisors - None.
ABSENT Supervisors - None.
J* H. rythall
"�"o�upervl sors, of the Cou- E'ty
Chairman of the Boi"r
of Contra Costa, State of California.
Attestj: r.
J,s H* WELLS
ric 01- e ounty of Contra Costa, State of California, and ex*.
officio Clerk of the Board of Supervisors thereof*