176IN THE
of the
y of Ora
State of California, ss.
County of Orange
COURT
of California.
being first duly
sworn, deposes and says: That at all times hereinafter mentioned ...he
was a citizen of the Unite States, over the age of 21 years, and a res-
ident of said county, and was at and during all said times the principal
clerk of the printer and publisher of The Orange County Plain Dealer, a
newspaper of general circulation printed and published weekly in the
city of Anaheim, in said County of Orange, State of California; that said
Orange County Plain Dealer is and was at all times herein mentioned, a
newspaper of general circulation and is published for the dissemination
of local and telegraphic news and intelligence of a general character,
having a bona fide subscription list of paying subscribers; that at all said
times said newspaper had been established, printed and published in the
said city of Anaheim, in said County and State at regular intervals for
more than one year preceding the first publication of the notice herein
mentioned; that the
Of Lich the
annexed is a printed copy, was published and printed in said newspaper
at least ltd.. Q 1-7\�...�e _commencing
on the)/141% day of 190.4
and ending on the day o
190..1 both days inclusive, and as often du ' said time as id news-
paper was regularly issued. That the dates on which said publication
was made were as follows:
Subscribed and sworn to //before me this day of
Notary Public in and for Orange County, California.
ranting to the Anaheim
n ordinance g and Its assignsa�d forgha
Gas Come _t and lay down, .
to construet ears to maa�at uncle
period of fifty Y
operate, a p1P0 Iine along
certain streets and alleys in the City of
herein designated, 'and dand k
Ana sald, term to conduct, carry
Ing either natural fO m heat;
transmit tP`oudh, the same,
factured, Pur oses onl together with
and power P p ,'incident rights.
certain appurtenant an
f` the City Of
The Board of Trustees
Anaheim do roti t s
the right, Privilege and
.POoq 191 3o epuoq elgnlQe3Ep
ie gq7 al esoa patriot eq P[twgs oolzoy,
IS pne.euaz.. V `Paaeagdsaa #res$
o►eq all do ae4n1P SAWS eqa plow
'pa3eatld'np eq -jou. asnDu tpYAOX
"'S' s SuEIsru 1&"Paniq 890.13 eqL
011vindod ntEEeizre eats anq ,ea.ig eaoadq
ise,iEgare IOUe.is gq.Wnoaoq ae god
e[c e7deasr e$eM agg7 'irea
re.m trne,» x
ORDINANCE NO. 176.
An ordinance granting to the Anaheim
Cas Company and its assigns the right
to construct and lay down, and for a
period of fifty years to maintain and
operate, a pipe line along and under
certain streets and alleys in the City of
Anaheim, herein designated. and ciw-
ing said term to conduct, carry and
transmit gas, either natural or m.an•j-
f_ctured, through the same, for heat
and power purposes only, together with
certain appurtenant and incident rights.
The Board of Trustees of the City of
Anaheim do ordain as follows:
Section 1. That the right, privilege and
franchise is hereby granted to the Ana-
heim Cas Company and its assigns, to
construct and lay down, and for the
period of fifty years to maintain and
operate, a pipe line for the purpose of
conveying natural or manufactured gas to
-__- te�_ used for heat and power purposes
along the route and under the streets
and alleys in said City of Anaheim de-
scribed as follows, to -wit: All the streets
and alleys within the corporate limits of
the City of Anaheim, except along and
under the streets and alleys described irl
that certain Ordinance No. 167 of said
city, which said excepted streets and al-
leys are described as follows, to -wit: Sit-
uate in .said City of Anaheim and begin-
ning at the intersection of Lemon street
with Santa Ana street; thence north on
Lemon street to Adele street: east on
Broadway from Lemon street to Olive
street; east on Adele street from Lemon
street to Olive street; west on Center
street from Lemon street to Palm street;
north on Philadelphia street from Broad-
way to the Southern alleys in blocks "B'
and "C" of Center tract, and on all alleys
and cross streets in the territory em-
braced in the line of streets above de-
scribed. Together with the right to prop-
erly connect and operate said pipe line and
to deliver gas to consumers during said
period of fifty years, and to carr',. con-
duct and transmit natural or manufact-
ured gas through and by means of said
pipe -line, for heat and power purposes
only, and not for illuminating purposes,
together with the right to construct and
maintain al such traps, manholes, drips,
appliances and attachments as may be
necessary for the purpose of safely and
efficiently operating and maintaining said
pipe line and supplying gas to consumers
for the purposes aforesaid, or to any
building or buildings fronting or abutting
upon any of the said streets or alleys;
provided, that said pipe line shall be con-
structed and at all times operated and
maintained, and said right, privilege anu
franchise is hereby granted and shall be
at all times exercised and enjoyed in ac-
cordance with and subject to each and
every of the terms and conditions in this
ordinance.
Sec. 2. That the said pipe line shall
consist of one main line laid parallel with
the streets or alleys, and such other lines
of pipe as may be necessary to connect
with pipes on proRerty of consumers.
That the largest mann pipe to be laid or
maintained under this' franchise shall not
be more than six inches in ulameter. Said
pipe shall be of iron or steel and shall be
of sufficient strength to withstand a pres-
sure of not less than four hundred pounds
to the square inch, and shall be laid with
air -tight joints or sleeves, so as to pre,
vent escape of gas.
Sec. 3. That said pipe line shall be laid
at all points not less than eighteen inches
below the established grade of the street
or alley under which said pipe is laid and
shall be so laid as not to interfere with
any water pipes laid at the time of laying
said gas nipes. All excavations for lay-
ing, moving or repairing said pipe line
shall be done in such manner as not to
interfere with the free use of the street
by the public, except such temporary in-
terference as may be necessarily incident
to the proper prosecution of said work.
All excavations shall be made and refilled
in compliance with the instructions and
to the satisfaction of the superintendent
of .5treets of said city, and in conformity
with the provisions of the ordinances of
said city which may be in force at the
time of the performance of said work,
and the grantees of this franchise, nr
their assigns, shot' comply with all ordi-
nances from time to time enacted by the
Board of Trustees of said city in refereacc
to persons making excavations in the
streets of said city, for the pnruose of
irsiring the restoration of all streets to a
good and perfect condition along said ex-
cavations.
Sec. 4. That the grantee of t'.,Is fran-
cl_is^. or its assibrs sh_ ll linve the right
to air_stroct manholes or traps along the
Fne of said pipe at such intervals as is
best saiteo to the purpose of affording
access to said pipe for cleaning or main-
t:ining dr;rs, s_id tra.-s or _nanholes to
he so upped ,ad covered as to be flush
with the street or alley and ;-lot to inter-
fere in any way with the use of said
street or alley for travel or traffic.
See, 5. That in the event of a change
of grade, the laying of any sewer, or the
making of any other improvements by
the said city in any of the streets or
alle s along and under which Said pipe'
may be laid shall in the opinion of the
Board of Trustees of said city render
necessary nay change in the position of
said pipe, the grantee or its assigns shall,
upon ten days' written notice from said
Board of Trustees, immediately shift or
move the same at his or their own cost
and expense.
Sec. 6. That the work of constructing
and laying down said pipe line shall be
commenced in good faitn within not more
than four months from the date of the
granting of this franchise, and shall be
continuously prosecuted thereafter in
good faith and shall be completed within
riot more than three years thereafter;
and if said work be not so commenced,
prosecuted and completed within the time
and in the manner specified, this fran-
chise shall be declared forfeited.
Sec. 7. That the said grantee and its
assigns shall, during the life of this fnn-
chfse, pay to the city of Anaheim, in law-
ful money of the United States, two per
cent of the gross annual receipts of such
grantee and its assigns, arising from the
use, operation or possession of this fran-
chise; provided, no percentage shall be
paid for the first five years succeeding
the date of this ordinance, but thereafter
such percentage shall be payable annual-
ly, and in the event such payment is not
made this franchise shall be forfeited.
The amount of the gross annual receipts
of the grantee of this franchise, and its
assigns, arising from its use, operation or
possession, shall be deemed and under-
stood to be, and shall be, the total gross
earnings collected or received or in any
manner gained by the grantee of this
franchise, or its assigns, from the use of
said pipe line on account of the carriage
or transmission of gas through the same
in and under the streets or alleys of said
city of Anaheim, and it shall be the duty
of the grantee of this franchise, or its as-
signs, to file with the City Clerk of the
city of Anaheim, at the expiration of six
years from the date of.. the granting of
this franchise, and at the expiration of
each and every year thereafter, a state-
ment made by the grantee, its assigns,
or its manager or presiding officer, and
verified by trie oath of the person making
the same, showing the total gross receipts
and gross earnings collected or received
or in any manner gained or derived by
the said grantee or its assigns during the
preceding twelve months from the use of
said pipe line and from or on account of
the carriage or transmission of gas
through the same, and within thirty days
after the time for filing the aforesaid
statement it shall be the duty 6f the
grantee or its assigns to pay to the City
Treasurer of said city of Anaheim the
aggregate sum of said percentage upon
the amount of the gross annual receipts
arising from the use, operation or pos-
session of this franchise, determined and
computed in the manner hereinbefore
provided.
Sec. 8. That the said grantee and its
assigns shall be liable for any damage to
person or property caused by or in the
eo<<struetion or maintaining of said gas
pl-ant, or laying said pipe line or fines,
and shall hold said city of Anaheim harm-
;ess from any and all damage to persons
or property occasioned thereby.
Sec. 9. That if, at any time after the
co:nuletlon of said gas plant, said gran-
tee or its assigns shall for as period of
sig_ months fail to maintain said plant
and operate the sane in good faith, then
and in that case this franchise shall be
forfeited.
.e.c. 10. That the price for gas to be
charged by the grantee of this franchise,
or its assigns, to consumers shall not at
ai;y time exceed one dollar and seventy-
five crests per thousand cubic feet; and
provided further, that when the consump-
tion of gas so furnished to consumers by
the grantee of this franchise or its as-
signs, shall reach 40,000 cubic feet per
d y, the pri•.-;e thereof to consumers stiali
not exceed one dollar and fifty cents per
one thousand cubic feet.
Sec. 11. .,at the grantee of this fran-
chise and its assigns, shall not furnish
or sell gas under this franchise to con-
Suniers for illuminating purposes, nor
r,ermit or allow such consumers to use
s ie;i gas for illuminating purposes, and
if said grantee or its assigns, permit or
Flow such use of said gas by consum-
ers, this franchise shall be forfeited.
Sec. 12. That this franchise shall not
be deemed an exclusive franchise, nor, as
an exclusive grant of the rights herein
contained; and the Board of Trustees of
said city of Anaheim hereby reserve the
right to grant such other gas franchise as
theymay deem necessary for the best
interests of the said city.
2ec. 13. That within ten days after the
passage of this orainance said grantee
shall file with the City Clerk of said city
of Anaheiur a written acceptance thereof
and agreement to comply with the terms,
conditions and requirements thereof.
Sec. 14. That any neglect, failure of
refusal to comply with any of the condi-
tions
onditions of this franchise shall thereupon,
after thirty days notice of the said neg-
lect or failure from the Board of Trustee,
of said city of Anaheim, effect a forfeit-
ure thereof, and the said city, by its
Board of Trustees, may thereupon de-
clare this franchise forfeited and may
exclude said grantee and its assigns from
further use of the streets or alleys of
said city under this franchise, and this
franchise shall be deemed and shall re-
main null and void and of no effect.
Sec. 15. The City Clerk shall certify
to the passage of this ordinance and shall
cause the same to be published once in
the Orange County Plaindealer, a weekly
newspaper printed, published and circu-
lated in said city of Anaheim. and there-
upon and thereafter it shall be in full
force and effect.
(Seal) CHAS. OTTO RUST,
President of the Board of Trustees of
the City of Anaheim.
I hereby certify that the foregoing ordi-
nance
introduced
at a
the Board ofTrussteesof the City of Ana-
heim, held on the 9th day of Januar-,
1906, and that it was duly passed at a
regular meeting of said Board of Trus-
tees held on the 23d da- of January.
1906, by the following vote: gerd-
Ayes: Trustees Rust, Darling,
row, Schwenckert, Fletcher.
Noes: None.
I further certify that the President of
said Board of Trustees signed said ordi-
nance on said 23d day of January. 1906.
EDWARD B. MERRITT,
Clerk of said City of Anaheim.
27Janit
ORDINAN"P, No,
011
An or(linvinie (Y-qntin,, to the Anqheim Qas lompany and its assigns
the rierlit to jonrtrjjr,,t and lay dwvn--; and for a period of fifty years
to maintain and operate, a pipe line Tong and under nPrtnin streets
ani alleys in the lity of Ann-hPAm,' herein designated, and during
sai(l tervi to iondu-,t t -,arry' and . transmit gas, either natural or-
Marm-rqntured, throum the same, for heat s purposeonly,
'Vit'll "'ert n appurtenant and, in,-ident rights,
'11h,- 'Roqrrl of 7,1 r 1. 1 s t F11,9s o- t,
h e, 3 1 of, All,?.hein (30 oropin -Cl
f 0 11 0IFf .9
Seition 1. That the right, p-rivileyp =and franchise id hereby
zTqrted to the Annhoira Gas ';ompany and its assigns, to nonst-rrnin.t
and lqlr down, I Rrid for the period of f if ty years to maintain and
R _T)i,,o--, line for. the -purpose of ionveyin!., natural or manu-
4 ;;as to be used for heat and power: pi posers along the. route
.And unripr the fAreets3 and. alleys, in said ty of Anaheim ciewn.ribpd
as follows, to- fit*
all the street–s'-anct alleys witnin the c6r-.-,
porate limits of the City of Anaheim,
except along and under the streets and
alleys in that certain Ordinance
``fro.' -of said` city, which said excepted� -
streets and alleys are descTibed as fol-
lows, to -wit: Situate in said City of Ana -
beim and beginning at the intersection of
Lemon street with Santa Ana street;
thence north on Lemon street to Adele
street; east on Broadway from Lemon,
street to Olive street; east on Adele street
from Lemon street to Olive street; west
,on Center street from Lemon street to
Palm street; north on Philadelphia street
fromBroadway to the Southern' alleys
In blocks "B" and "C" of Center tract,
and on all alleys and cross streets in the
territory embraced in the line of streets
above described. Together with the right
to properly connect and operate said pipe-
line and to deliver gas toconsumers dur-
ing said period of fifty years, and to
carry, conduct and transmit natural of
.manufactured gas through and by means
of said pipe -line, for heat And powerl
purposes only, and. not for illuminatinr., purposes, together With the,
o right to constrijbt and main-
tain all such traps, manholes, drips, applian.
ces,and- attachments as may be necessary for
the P1117POSe of safely and efficiently operat-
Ing and maintaining said p line and sup -
998 to 'consumers pipe
the pit ses
Md, or to any building & balridwino,
PDriting or QlMtting. tra4ut-of tj*- said
Arpets or aHeya;_provj4e that said Hina I i.
its may be
ghall be of flieleut atftAgMW Withsaia'd—a
ISressure of not less thanur hundred
IV square inch, shall 1*64ild
With air-dilliints or sleeves, was to pre -o
Vent escape 10
1� gas.
That said pipeline Shall be held - at
street by the gnat
Interference as me
the proper prosect
cavations shall ben
ance with the fnsf
tion of the s.rril
city,.aud in confor:
th+e ordinances oft
force at the time o
work, and the gra
their assigns, shall
from time to tittle
trustees of said,o:
making excavatio,
for the purpose of
all streets to a gc
along said excavat
That ch
or sign sit
strue holes or
pipe at such inter
purpose,hf affords
. !,tt}e+tuite�;pr mt
fish with he st e
fere in any way wi
`alley for travel or t
Sec. 5. That In
grade, the laying c
of any other impro
any of the streets
which said pipe
opinion of the Bos
render necessary;
of said pipe, the
shall, upon ten dal
Board of Trustees,
the same at his or
See. 6 That tht
laying down said I
ed in good faith
months from the d
franchise, and sh
cuted thereafter it
completed within I
thereafter; and if
menced, prosecute
gime and in the in
chise shall be dedli
See. V That.the
signs shall, durink
pay to the City of i
of the United State
annual receipts of
signs, arising
ezatlon or ovidedo no
p
orr the first fiyr
date of this ordina
OeA4W sbrlt be pt
event such 'payym.it
I be forfeit
or alleys of sa
beuty of
or sX
the a ty of At
gars from t
franchise, am
every year th
the gmatoer* I
or presiding o
Of the person
total gross rec
ed or receivec
rived by the s
ing the precee
of said pipe 1
the carriage c
the same, and
for filing the
the duty of.,the
to the City '
'heim the agg
aheirn
persout
ger' 9, r
- ."u 4uuir
god fait]
ise she
See, 10.
by the gr
signs, toe
ceed ones
sand cub]
when the
- Ocu. ,. , ..o,.,
franchise and
furnish or jell, gee
consumers for
nor permit or a"Ifia
such gsfor
grantee or t
use of said ggsa by t
shall be- jarfeited.':
See. 12 That thli
deemed an exciasl44
elusive grant of the
and the Board of Tru
helm hereby reserve
other gas franchise
nary for the best into
at i
Of,
such tdr
iarlly int
id work.
3filled in
d to the
ty which May be in
performance of said
if this franchise, or
r with all ordinances
ed by the Board- of
reference to persons
,e streets of s Welty.
g the restoration of
perfect condition
dkof this franchise,
re the right to con -
acing the line of said
is best suited to the
ass to said pipe for
dri2>e. Ila - or
ttffdd co#6V iW
Ley and not to inter-
tlee of said street or
rant of a change of
Mer, or the making
is by the said city in
ya along and under
e laid shall in the
"_rustees of said city
Age in t position
e� or assigns
Bn notice slain
lately shift or move
Wn cost and 'expense.
of constructing and
3 shall be commene-
'not more than four
;he granting of this
oontinuously prose -
faith and shall be
re than three years
York be not so com-
.ompletdd within the
specified, thiL fran-
til be deemed and
,e, the total gross
A or in any man -
A this franchise,
e of said pipe line
r transmission of
unaer the streets
elm,. and it shall
of this franchise,
.he City Clerk of
expiration of six
granting of this
Eton. of -eseh, and
ternoWl made by
use
of said percentage
ross annual .,receipts
eration or possession
tea and -cow1ptited in
provided.
sntee# and as-
z.Fate the,®ams in
ts,case this fran-
k for gas to bee j ged
;amhise, or tlt�l� as-
['ftC4 at anytime ea-
dydivecentsgpeerthou-
dvided further, that
fso in nial;ed to
of this franchise or
000 cubic feet per
tet:- . consumers shall
td fifty cents per one-
..,glranteel!• - lois
assign$, $hail not
ler this franchise to
VVy�ibaling purposes,,
consumers to' use
gpurposes, and if said
permct or allow such
amerb, this 'franchise
tnriizise shall not be
inohlae, nor- as anex.,
ata. herein contained;
9 of saideity of Ana -
dight to grant such
hey may deem neces
Wof the said city. - __
effent .
Sec. 13. That within ten days after the passw
age of this ordinance said grantee shall file
with the City Clerk of said city of Anaheim ar
written acceptance thereof and agreement to
comply with the terms, conditions and require-
ments thereof.
sec 14. That any neglect, failure or refusal
to comply with any of the conditions of this
franchise shad thereupon, after thirty
days notice of the said negkeet or failure from
Me Board of Trustees o€s&td city of Anaheim,
effeet a forfeltare4ereed."and the said city, by
it&'Board of iru&fees, ply thereupon declare
this franchiaPe f it'd ,e1td may exclude said
granteel�and 1� ass s from further use
of the atreets o 4 ley& id city under this
franchise and this franchise shall be deemed
and shall remain null and void and of no
effect.
Sec. 15, The fifty Cle4shall eelfy to the
paass re Qt otdinlinoe-ands ebal#,*&Rae the
to '7P ` lb I if -3, h,,rt OIl,"P I!, t,ilp r9n.;r, ~o'llnter P!aindlea1 f'r
1F'�VBf�?YJF'Y' ?�YiIIt?��, )?lhlihec `�nri 'irrtll`ited 1n r,q.7(I (%-itJ of
?n,j tll„ry`lfter it, f3hpli be In full for: .-,1' `i71(�
Prouid ent, Of the BO"Ird Of Trustees
Of t�1�, 7itY Of A1:911F'llri.
I hereby le-tify thc!lt ti1P fore �:ink O`r(L171 I2^,F? 'r�S int?_od1lfl
9t `a rneetin�r Of the DOa-rr! 0” T-r"t,A Ps Of the "1.t;,r Of Arlq,heiJl, held
07: the !1q Y 0f' J q- Illi.. ,.r � 19�r3, -,,nc!. bast it IVIF; dill -IT
r# Y'F'"t_ll`Ir i?1F'F?t:l%1� -r r f `-11,stee,3 fes_ the 2-3� ,
o : ,� � i l ?3 o a. _ ��. o , , � 71 , ld. o n h ,
of the fe.11owinl , vote:
NnPs �.
rF�r1;L-. til"t t?1F• Ur'S1ci'Yl'f Of S?1 O�I'(� of !'Ili.s,s`r?f?;3
SI ;r?!t Ski(` O�'ri.L11`?I1 P, O!^i ,1?]' 3 (.� f f�f L �►, ,_�
1906.
Ilerk Of f ti .';i t1r Of 4-YIPIi ?i Me