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02/23/1928-0374_0 CITY COUNCIL 0 VT CITY ', MITE= RbSOLUTION OF TF IN THE TAT?' OF CALIFORNIA AUT RILING M.' SUP, OF FRANC'TTSr, ttfPI-It'D FOR FWD DIRECM,G NOTIC TTIERPOF To GVEN, IVMT RT'IAS, BASTE alb TER DISFOSI'L COY3 a California corporation, has made applii to the City Council or the City of Anaheim for a franchise Find nrivilege to construct and for a oeriod of fifty (50) years, naintain opernte repai r alters renew, and remove a pipe line not over sixteen '(16) inches in internal diameter, to— gether with all manholes and service connections necessary or convenient for the trans» portation of waste water and oil in, underp along and across the following deqoribed public streets and highwayss in the City of Anaheim, State of California. That portion of Orangethorpe Avenue lying within the City limits of Anaheim and extending from the Easterly to the 1 ,16sterly City limit lines thereof. Tni-�REFORF& be it resolved and ordered by the City Council of the City of .&naheim that in furtherance of public int rest, a franchise and privilege for said period and for said --i.irposes be advertised and sold and that the same he sold to t he highest cash bidder on the following conditions# to --wits That t! work of constructions repair, alteration„ renewal and/or removal of said pipe line, manholes and/or service connections* shall Im conducted with the least possible hin0ranoe to the use of the highways for the Durpose of travel and Grantee sh! save harmless the City of Anaheim and *.ts officials flrom tiny claim for damage made} by reason of the construction.. maintenance, operation, r­pair, alteration, renewal and/or ""oval of said pipe lines manholes and/or service connections. The Grantee of the franchise to ', awarded, its successors and assigns,must, during. the life of the franchisep pay tothe City of Anaheim two per cent of' the gross receipts arising from the use operation and possession of the franchise; provided however that no per tentage shall `)e paid for` the first five (5) years succeeding the date of this franchise. That thereafter such per tentage shall be payable annually, ' That the successful 1 4dder for such frnnchise# in addition 1',o his ? , id there— for shall pay the cost of advertising the Notlee of Sale of said franal and the publication of the ordinanee granting the sam --,nd like expenses. The successful `Jdder for said frnnehise shall file a bond running to the City of Anaheim, with at least two Food and sufficient suretiess to V approved by the City Council. in the renal sum of Five Hundred (tF.00.00) Dollars conditioned that — 1 — I such successful bidder haa11 well and truly observe fulfill and perform each and every term =nd condition of said frr,-nc! - Ase, bLnd that in case of any breach of con— dition of such bond, the whole amount of the petal sum therein named shall tie taken and deemed to be liquidated damages and shell be recoverable from the principal and sureties upon said I and that said notice shall state the amount of the penal sum herein fixed for said bonds. That sealed bids for such franchise will be received by the City Council at its rooms at the City Hall at Anaheim, at the hour of D P.M. of Thursday the 23rd day of February 1928 at which time and place or as soon thereafter as the matter can be ' said frannIlse will be sold to the highwat bidder for cash. That the Clerk of this Council 1>@, and he is hereby authorized -nd directed to cause a notice that such application has been madep together with a statement teat it is proposed to grant the same and the time and place vhere such franchise will be sold and such other statements as are required by law or herein set forth to � iublished in the a daily newspaper print— ed and published in the City of Anaheim once a day for ton (10) successive days or as often (luring said period as such paper to published* so that full publication thereof shall be completed not less than twenty (20) dayis nor more than thirty (30) days before the 23rd, day of February* 1928, Dated: January 12 1928. ATTEST: The foregoing resolution was passed by the following vote of the Council: I�YES: NOES: IYOF of T5e My ;f Zaherms State of California dler7 ­ aa d Council oft City of Anaheim* tw FES