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167,-.� �, / � j i/....�. ?dO...., .., ...�... " AFFIDAVIT OF PUBLICATION. Imo. th S Peri Of the ounty of range, Stag ----------------------------------------- ----------------------------------- ---------------------------------------- ------------------------------------- Plaintiff Vs. -------------------------------------------------- --------------------------- ----------------------------------------------------------- ----------------- Defendant. STATE OF CALIFORNIA, 47 �- �ss. 1 COUNTY OF ORANGE. /�Ldt'e"L ---------------------------- of said County, beings duly sworn, sans: That _ _ _ hL— _ _ .-is a citizen of the United Z/ States, over 64J"*- years of a,de, and is e t y tlkert#o; that.__A----- is the ------------------------------- ------------------------ of�la* printerN and publisherA of the----�_'�____u----�__uvC�L a _____ -'____newspaper printed, pub- u&- G,u a,�¢,i,,,, lisped and circulated in said County A of Orange; that the __ �'_°6t?-�-_ �............. h------------------------------------- ----------------- of which the annexed is a printed copy, was published in said newspaper at least - ------------------------------------------------------------------------ ------------------------------- --- - a g o -- ,__, and said was �2published therein on the followinfs dates, to -wit: ; ----------------- ------ s ----------------------------- and said 7tT6t8 A was published therein on the following dates, to -wit: G� c;J �rl ------------------ ------------------------------------------------------------- A7---- --------------- -- �_O ------------------------------------- Sabscribed and sworn to before me this 4- �..Aay of ---- Rt�" �f_vxi 8,9, ---------­------ ............................... ------ ---- ------ - --- .............................. ........... AFFI®AViT OF PUBLICATION. In t Stv"eri( ordlt4me o. 167; An ardfna3rca graatfng to B: V. Beebe and .L E. 3ffller'and their assigns the rightto eon- { tract and lay dozen, and for the period of ®� the �un�v �� range, State fl years to maintain and operate; a pipe j line along and und1%ny or all the certain public streets and alleys of the city,of Ana- heim, herein designated, and duringg said term to conduct, carry and transmit gas, either natural or manufactured, through the same, together with certain appurtenant -____--- and incidenl. rights The Board 0'.Trnstees of the city of Ana beim do ordain as follows: Section 1. That the right, privilege and" --------- -------- ------ - ---- Yranchlse is hereby granted to g, Beebe, and L. E. Miller and their assigns to eoastruct` yZ2intiff• and lay down, and for file period of"}f1 0t years to mafntaiq and OperattiaPa tip. VS. the purpose ilff ooh teviao _ ------ - ----- "-'-.""..""'""- "'------- wag street from Lemon street to Olive street; Defendant. east on Adele street from Lemon street to Olive street; west on Centerstroet fruM fent= on street t6 Palm street; north on Mitladel- e ly alleys nib of B$ $ g p eQt sof th8 oQen, STATE OF CALIFORNIA, ter tract, and on all alleys and cross streets in the territory embraced to the line of the treets above described, to properly connect and op- l��lf SS, erste said pipe line, and to deliver gas to eon sumer: during said period of fifty gears, and COUNTY OF ORANGE. to carry, conduct and transmit natural or. manufacturedgas through and by means of said pipe line for heat and power purposes only, and not for 111uminating purposes, to gether with the right to construct and main- -- ------------ ------- tai. all such traps, manholes, drips, applian- ces and attachments as maybe nei:essary for the purpose of safely and efficiently oper4t. of said County, being duly sworn says: g and maintaining said pie line an ✓ plying gas to consumers fOr the p Jsug; ose8' aforesaid, or to any building or buil I. a fronting or abutting upon ,any of the said That--- ------------is a citizen of the United streets or alleys; provided, that said pipe line. shall be constructed and at all times operated e2. / and maintained, and said right, privilege and franchise Is hereby granted art$ shall beat, all States, over eatlat�a� nears of age, and is times exercised and onjoye4 in accordance. A with and subject to each and -e rery of the terms and conditions in this ordinance. c Sec. 2. That the said pipe 116 shall con- aiat of one main line laid, parallel with the streets or alleys, and such -Qther linea of pipe as may be necessary to connect with pipe:# t an. property of consumers, "hat the 1"argest main rtwbo laid or matut, 40 411AII not- be nsor,6, t1 o; that is the Att .h >�e Bald p x b l , thst a I J pressure of not less than fpounds to the aqon" hundred Uare inch, -4 laid ------------------------af printery and publishers vent t es Tti loss ii pipelinints. or e sfiallhbeias laid at j of the -_- t -t -c k—,44 :­------ --- -` -�- Uzi _ .--_--_., the all pestaboints l shed lessthan of,theestreet ores balley under which said pipe is laid and sha11 be sa laid as not to interfere With any water pipes laid at the time of laying said gas pipes; All. ----newspaper printed, pub- excavations for laying, moving or repalring -- 0 said pips line shall be done insucfi :tanner as not to interfere with the free use of the_' lisped and circulated in he said Count street by the public, -except such tem�pporary, ^ ., interference as may be necessarily Inc ident to theproperprosecution of said work. k1fe�_: cavationa ai}a" be made and;etliled in coni it of Orange; that the ----------------------- � e�------- anee with the lnstructions'arld w,.the at�i,►�a�.1 -. tion of the superintendent of streets of Said / city, and in conformity with the � pprovteiOut of the ordinances of said city .which may ,be Jut --'-- --------------- ------------ -------------- force at the time of the uerforntance of said work, and the grantees of this franchise, or their assigns, Rhall eoruply with all ordfnances of which the annexed is a printed copy, from time to time enacted by the Board of Trustees of said city in a efereno' to persona making excavations in the atree 0. #sitz✓, for the purpose of lusn'rta the testor{ttitia..of. was published in said newspaper at least aliatre�t: to a good yerfeot logdiiion along 34M eu vatiQh/. See. 4. That she Iranians of this fr malttse> al — l,("� C or their assigns shall #ttv the right ,I Von- ------------------------------------------------------------- lstrustrRAttlto(esos traFsRlout, Wa he slid, I>1Pn at s interYale A s Olt h N9t sp#t1l =tiMe " fpurpose o affording access to said pipe for cleaning or mantaining dr i , Said traps or: -------- -------"- " - man holestobesocaPlied s:>radiaarsbe te flusiuwith the'street or alleypot to inter- lere in any wag w;tit the h! ss re$t ar ------------------------------ L,-, a aileyfor tiavel_ortrame o------- ---- -------------------------------- +! reefs or a I__ ,, trdiclt Said AWAY = he nit irtgthe opinion of the d of, f t and said z�.e�i,�anwas published n Of *anyFh h � , ` y ali,� tare d w, , arssi� - Tr'ttstoea, therein on the followlnj dates, to -wit: the.same at his or their own cost a`nd ex 'nae.' yy, +sec: a That the work of conatructin and �tv +� laying down said pipe line shall be commeno- -/ [% S ed In -good faith within not more than fol - - - ------------ month: from the date of the trrutl3ls¢ of -thl. d*Wf of eatd ipe, i$e�T" sit fi{bmtb i ut i o[ W9 gr4ntte0& oP- �ltr # aha r upon ten days written raotlae boat d eeams in ribs streets Hoard of Trustees, imtnediAtely shift or, th&*u*a#3 iia or their otvtt cost elt tl r alle � id tiftya€ �ttalt unt Mind Yt boa 7tG94IrC6 was published Stc; s That the work of conatructt be•tlaedutyoftlte # n e /� laying dovVn said pipe line shall be at5mmerto a tlta� x,f ed in god faith within not mora t4ah four: 011OwLYL6 dates, tO-wit: months from -the date of the granting of this, of` franchise, and shall be continuously tue.i h e cuted thereafter in good faith- and 1 bye 4 Completed wit n Act more than thr� 09111Vr v- . - - - - . thereafter; alt it Haiti work ba Rott so duff of iBeg a iPin Lhe meneed, prdbe@uted and completed wit; time and In the manner speeffied, thisr#pf- P M esrnioga eo lect- chise shall be declMryd €orteited, . ' It 11 an rT4an er of or de. See- 7. That the Matt} tees and their nitre by a emit! dr �r asaiglss dur- 1� g signs shall, during the l e of rials fraficilise,, o d i Psozit frobs,ase i pay to the cite of Anaheim, in lawful tnoCle� .... • the eat a or transsa a r t of the U4#edStates; two per cent of .the Yrra#a - - - - annual receipts of such grantees and their *` ' e d tPlthiq tit# y i t �h�me signs, arising from the use wp for the hang its afbre�}4a ; be eration or possession of this frai3atlia�p� to � of ttae�t a} tq d sworn to before me this provided, no pereenisge shall be e�1 p astlssu o€ staid far the first five year# suceeedip$ 6he ye} swam sum of mid. e date of this ordinance, but thereafter such sthe amou L ceutage shalls3%ble annual! , an$ id Pear arisiag from 'the #e ' _po event su@lt .cted. m8 ut t is t;e ' th Ma13184. uQua! o �d "s tdAsir k� Q ann�t;aa rF p �€ _" ,. 8ec, $. rli v tP�G� _--------�" 8190flsha be Basle-#�aA dam to. person ---- ----- -- or ggr'op@rty atttsed or jA�tll eQtructiun or maintaildn$ of aa2d Who ;t or layln sedd - ` -� pAiah m©h&i2'ss ufr m ase ana#ayddcit$ of area the Mom se. cnia gran- Laeq, and if said J t ttr BlEow su eh ;� , this fraaeLfae;l ncshise shall not be i ' Thaiwfthln'te drays after the pass• Y °this ordinance said grantee ah 1, file vi h the City Clerk of eai+3 city b# Atilt a YoIm .-,6git8ezent to omg Y with 8`d require at any neglect, failure or refusal o comp�l1y stalti# y , the conditions of this rano se shari " thereupon, after thirty ays notice of the said neglect or failure from Bo {gate elty of Anaheim, -. D the said city, by c nuu.eueeG. CRAB. Orifi RUST, , it of the lioard_of Trust@es of the, city heim. as Trustees of the Cit y of An< he mo,held fiber 20th, 1904, and that it was, duly are alar meeting of said Board of lie1t ' et } 1tR 34th- day of Ja.nnnro rieteener, Xoes: Absent . Trustee Darling; I urthercertify,thatt#le President of said goaxil.�f a m si n+td' said "ordinance on said U y of dastfi g, yyt$J) B. *RRRITT, G1erY,of..id.Gjty,of.�nahoim. Ordinance No. an ordinance ;;rant inV to assigns the right to construct and lay down, and for the period of j fifty years to msintain and operate, a pipe line. along and under any or all the rPrtain public streets and alleys of the City of Anaheim, herein designated, and during said term to conduct, carry and traits - mit Safi, either natural or manufactured, through the same, together with certain appurtenant and incident rights. The Board of Trustees of the lity of Anaheim do ordain as ' follows: i Section 1. T'iat the right, privil eoe and franchise is hereby granted to er�� �2�►' and th- assigns t� ^onstrizct anti lay dawn, and for the period of fifty years to maintain and operate a pipe line for the purpose of con- veying na$ural or manufactured gas along the routE and tinder the streets or alleys, or portions of streets or alleys in said City of Anaheim, described as follows, to -Wit: BPginnin; pith the, intersection of Lemon Street with Santa Ana Street; thence North on Lembn'-StrPet to Adele Street; Fast on Broadway Street from Lemon Street to Olive Street; East on AdelO Street from Lemon:Street to Olive Street.; gest on Center Street Street from Lenon to Palmi Street; North on Philadelphia Street from Broad - n way Street ­,to th Southerly alleys in Blocks "B" and "C" of the Center Tract, and on all alleys and cross streets in the territory embraced in the line of the st--neets above described, to propArlY conn ^t and operate said pips line, and to deliver gas to sumerd j during said. period of fifty years, and to carrr, conduct and transmit a natural or mami:f'actured gas throll-711 said pipe line for heater and power purposes only, and not for illuminating purposes, together E- with the right to constru^t and maintain all such traps, nanholes, drips, applian^,es and. attachments as may be necessary for the pi drips, of safely and efficiently operating and maintairi4 said pipe ry line and supplying ;as to ,.onsixgPrs for the purposes aforesaid, or to any building or buildings fronting or abutting upon any of tiro said streets or alleys; Provided, that said pipe line shall be constructed and at all tithes operated. =and maintained, and said right, prilrilege and franchise is hereby granted and shall be at all times exer^ised and-njoyed in aciordanne with and subjent to each and every of the terms and conditions of thi:I ordinance. Sec. 2. That the said nine line shall consist of one main line laid paralipl with the streets or alleys, and. such Other lines Of pipe as tggy be necessary to connect with pipes on propp.rty of con- sumers. That the largest Apipe to be laid or maintained under this franchise shall not be more than six inches in diameter. Said pipe; shall be of iron or steel and shall be of sufficient strength to withstand a pressure of not less than four hundred pounds to the square inch, and shall be laid with air -tight joints or sleeves, so i as to prevent es,,, -of Uas. r Sec. 3. That said pipe line shall he laid at all points not ' less than eighteen inches below the established grade of the street f }, or alley under which said nine is laid, Find shall be so laid as not E to interfere with any water pipes laid at the time of laying said St:rF-�Ats of said City, and in nonformity with the provisions of the ordinances of said city which may be in force at the time of -the performance of said wcrk, and the grant Pe 5 of this franchise, or assigns, shall nomply with all ordinances from time to tine enacted by the Board of Trustees of said City in reference to persons making excavations in the streets of said City, for tile gas pipes. All excavations for laying, moving or repairing said pipe line shall be done in sun", manner as not to interfere with tike _free use Of the street by the public, except such interference A as may be necesfiartly inc nt to the proper prosecution of said work. All excavations shall be made and refilled in compliance with the instrunticrs and to the satiofaction of the Superintendent of St:rF-�Ats of said City, and in nonformity with the provisions of the ordinances of said city which may be in force at the time of -the performance of said wcrk, and the grant Pe 5 of this franchise, or assigns, shall nomply with all ordinances from time to tine enacted by the Board of Trustees of said City in reference to persons making excavations in the streets of said City, for tile purpose of insurin,'; t:i.e recto ration of all streets to P. Zood and perfect-Iondition along Said excavations. Se('.. 4. itiat the ;rantee S of this franchise, or. 1a;I $ signs shall have the right to construct manholes or traps along the line 0C°? _ri r).Z !)F? .qt ;ii' intervals as is hest, suited to the purpose of affordin-, access to said pipe for eleanin- or maintaining drips, I said trgj)s or manholes to be so camped and covered as to be flush or alley until t1ir, street^ nd not to interfere in any way �vitll kxxXnt the use of said -street Or all('Y for travel Or traffic,. Sec . 5. That in the event of a change of grade t the laying of other any sewer, or ti:e making of anyhimprover►ents by the said City in any of the streets or alleys along; and under which said pipP ma;;r be laid shall in the opinion of the Board of Trustees of said .."ity render n�= , �s,a rr any ^;,ante in thn no�;ition of said pipe, tl.e grantees or t £ - assigns shall, upon ten days written notice from. f,a.icj board of Trustees, immPdiatoly :drift or move the same ai his or their own cost and Pxppnce. Sec. 6. `i'hat the work of const ru-it ink, and laying; down sai pipe line shall be cormnenced in _,00cj faith within not more than four nmonths from the d=ate of the granting of this franchise, and shall be contirnsously prosecuted thereafter in good faith and shall be completed within not more than three years thereafter; and if said work-= xhxl c be not so co enc Pd, prosecuted and completed within the time and in the manner spe,ified, this franchise shall be dpcl=rred forfeited. That the said granteeS a- assigns shall, durin`r the life of this fr,�n^hiss, ?say to the Cit�r of Anaheim, in lawful money of t.1ie United States, two per rent of the gross an u,-1 F recwipts of such ^°rantee 5 and - assigns, ari`-•ing from the iF use, operation or possession of this franchise; provided, no per - shall be paid for t,'rl(? firstfive, years five succeding the, date i of this ordinance, but thereafter such percentage shall be payable j annually, and in the event such payment is not made this franchise shall be forfeited. The amount c' the gross annual receipts of the grantee S of this franchise, and R8signs, arising from its use, operation orpose. ession, shall be deemed and understood to be, and r, shall be, the total gross earnings ^cls ectc,d or received or in any manner gained by the _,rantee3 of this franchise, or assigns, from t.i�: lime of said line on account of the carria.;e or trans— r mission of gas thro,zgh the same in and under the stroetto or alleys' of said. City of Anaheim, and it shall be the duty of the grantee 5 of this franahis�, or . n. assigns, to file with the, City Clerk of. 1 said City of Anaheim, at the expiration of six years from the date of the SrantinI- of this franchise, and at the expiration of each and every year thereafter, _ a st?tement made by the jranteef -ck',, , assigns, or manager or presiding officer showing; the total gross receipts and gross earnings nollentpd or received or in any manner gained or derived by the said grantees or -"-t-,:— assigns during; the preceding twelve months fro'q the use of said pipe line and from or on ancount of the carriage or transmission of gas through : the same, and within thin y days after the tirle for fiing the aforesaid statement it sha be tho duty of the grantee a or the City Treasure of assigns to pay to said ."ity of Anaheim the aggregate sum of said pertentage upon the amount of the gross annual receipts arising from the use, operation or possession of this franchise, determined and -,omputed in the manner hereinbefore provided. oi. 3. That the said granteet and assigns shall be liable for any damage to person or property caused by or in the i; construction or maintaining of said gas plant, or 1=Lying said pipe �. line or lines, and shall hold said City of Anaheim harmless from any and all damage to persons or property occasioned thereby. 9 That if, at any time after the completion of said gas plant, said. „rantee S or E assigns shall for a period of six months sail to maintain said plant and operate the same in good faith, then and in that case this franchise shall be forfeited. sec. 10. That the price for gas to be charged by the grantees of this franchise, or btZ-Lk;t, assigns, to consumers shall not at any tir'1e exceed one dollar and seventy-five cents per thousand cubic feet; and ,provided further, that when the consumption of gas so furnished to consumers by the grantee S of this franchise, or purposes, assigns, ssha.11 rea.lsh 40,000 eubirs feet per day, the price thereof to consumers shall not exoeed one dollar and fifty cents per thou- s,an"� o?Ahern feet. sec. 11. That the grantee S of this fran(;hisse, and assigns assigns shall not furnish or sell gas under this franchise to consumers for illumiloiliz purposes, nor permit or allow such nonsiuners to use such vasa fsdir illiuninatin purposes, and if said Y P or. grant e S £ assigns, permit or allow snih use of said g;as by oonsumerss, this franchise shall be forfeited. sec. 12. That this franchise shall not be deelyied all exclusive frau^hise, nor as an exclusive, grant or the ri ;',ts heroin iontained; and the Board of T'_mistees of said lity of Anaheim hereby reserve the ri6ht to grant other goas franohise as they may deem ne- cessary for the best interests of the said City. Sec, 1M. That within ten days after the passage of this or- dinance said grantees shall file with the city Clerk of said City of Anaheim a written accentsnce thereof and agreement to comply with the terr�iS, condi.tiWIS and regiiirements thereof. Sec. 14. That any ne3leet , fAilure or refusal to comply With any of the nonditiong of this franchise shall thereupon, after thirty days notice of the said neglect or failure from the Bosard of Tr?zstees of said. City of Anpheim, effect a forfeiture thereof, and the said City, by its Board of `I'riistees, may therzpon declare this fraxlnhise forfeited and may exclude said grantee 5, and b _­;� assigns f'ror,i flirter ase of the gtrnets or alleys of said City under this franchise, and this franf"his P shall bP deenpd and. +shall mp",mi-n - null and void and of no effect. Seg;. 15. The City Clerk shall certify to the passage of this once ordinance and shall raise the same to be published^in the Anaheim GazettF Q[XRXXtMM a 17eekly newsp�Rper printed, published and circu- lated in said Cit;/ of Anaheim, and thereupon and thereafter it be in faill forie anc3 ef..fert. President of the BoRrd of Trustees of the City of Anaheim. I hereby certify that the forp.toing ordinance was introduced at a !uept-in„ of t le Board of Trustees of the City of Anaheim, held on December 20th, 1904, and that it was duly passed at a regular meeting; of said Board of Trustees held on the 2T= day of weer, 9:949 by tile, following vote: Ayes: Trustees �/���73 � Noes: V--� o-,-,,- 4q - I further certify that the President of said Board of Trustees signed said ordinance on said day of fir, 1 117 Clerk of said City of Anaheim.