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HomeMy WebLinkAbout1938 (#1061-1072)ORDINANCE NO. 1081 Au Ordinance of the City of Santa Ana granting~ to Southern Counties Gas Company of California, a corporation, the right, privilege and franchise to lay and use p~pes and appurtenances for trausm~tting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same uow or may hereafter exist within said municipality. The Council of the City of Santa Ana does ordain as follows: M pTION ONE Vfnenever in this ordinance the wordser phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to Shem in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "Grantee" shall mean the corporation to which the franchts contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Santa Aha, a municipal corporation of the State of California, in its present incorporated form or in ~u later reorganized, consolidated or reincorporated form; (c) The word ~streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City; (d) The word "Engineer" shall mean the City Engineer of the City; (e) The word "Gas" shall mean natural or manufactured gas, or a mixtur of natural and manufactured gas; (f) T~e phrase "Pipes and Appurtenances" shall mean pipe, pieline, mair service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in the transmitting and/or distribution of gas. (g) The phrase "lay and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. SECTION TWO That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to the Provisions of the "Franchise Act of 1957", be and the same is hereby granted to Southern Counties Gas Company of California, a corporation organized and existing und'er and by virtue of the laws of the State of California, herein, referred to aa the t, Gr " antee , to lay and use pipes and appurtenances for transmitting and distributin gas for any and all purposes, ~mder, along, across or upon the streets, of the City, for an indeterminate term or period from and after the effective date hereof that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Railroad Commission of the State of Californie be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation there unto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of this franchise, and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION T}tREE The Grantee shall pay to the City at the times hereinafter specified, in lawful money, of the United States, a sum annually which shall be equivalent to two per cent (2~) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment · shall in no event be less than one per cent (1%) of the gross annual receipts of the grantee derived from the sale of gas within the limits of the City unde~ this franchise. The grant6e of this franchise shall file with the Clerk of the City within three.(~) months after'the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (5) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the City for which this franchise is granted. It shall be the duty of the grantee to pay to the City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by such statement Any neglect, omission or refusal by said grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION FOUR This grant is made in lieu of all other franchises, rights, or privilege~ 113 owned by the grantee, or by any successor of the grantee to any rights under this franchise, For transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the Franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION FIVE .The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when the City shall thereafter annex or consolidate with, additional territory, any and all franchise rights and privileges owned by the grantee therein, except the franchise derived under the aforesaid Constitutional provision, shall likewis be deemed to be abandoned within the limits of such territory. SECTION SIX The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein m~ntatned shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the grantee or any public utility. Nor shall this franchise ever be given any va~ue before any cour~ or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION SEVEN The grantee of this franchise shall file a bond, running to the City, with at least two good and sufficient sureties, to be approved by the legislative body thereof, in a penal sum of $1,000.00, conditioned that the grantee zhall well and truly observe, fulfill and perform each and every term and condition of this franch~e, and that in case of any breach of condition of said bond, the whole smonnt of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with the legislative body of the City within five (5) days after the date of the granting of this franchise; and in case said bond shall not be so filed, or shall not receive the approva~ of the legislative body, this franchise shall be forfeited and any money paid to the City in connection therewith shall likewise be forfeited. SECTION EIGHT Th~ grantee of this franchise shall (a) construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of this City in thc exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; (b) pay to the City, on demand, the co~t of all repairs to public prcperty made necessary by any operations of the grantee under this franchise; (c) Indemnify and hold harmless the City and its officers fr~m any and all liability for damages proximately resulting from~any operations under this franchlse~ (d) remove or relocate, without expense to the City, any facilities installed used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of an~ public street, way, alley or place, including the construction of any subway or viaduct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of an of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers. SECTION The Engineer shall have power to give the grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the grantee shall file with said Engineer plans showing the location thereof, which shall be subject to -the approval of said Engineer (such approval not to be unreasonably withh~ld); and all such construction shall be subject to the inspection of said Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for undergro,~_ud traps, vm~lts and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property llne. Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done by a tunnel Or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work .shall be done under a peEnit to be granted by the Engineer upon application therefor. ~ECTION TEN If any portion of any street shall be damaged by reason of de~ects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained, under this grant, said grantee shall, at its own cost and expense, irmnediateIy r epair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable Satisfaction. ~,ECTION ELEVEN (a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after w~i~ten demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. (b) The City may S~in its own name for the forfeiture of this franchise, in the event of non-~ompliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION TWELVE The grantee of this franchise shall pay to the City a stun of money sufficient to reimburse it for all publication expenses incurred by it in connect. ion with the ~ranttng of this Franchise; such payment to be made within thirty (30 days after the City shall furnish such grantee with a written statement of such expenses. SECTION THIRTEEN Within ten (10) days after the passage and publication of this ordinance, the grantee shall file with the City Clerk a written aceptance of the franchise hereby granted, and an agreement to comply with the terms and conditior hereof. SECTION FOURTEEN The City Clerk shall certify to the passage of this ordinance and shall cause the ssme to be published in three consecutive issues of the ORANGE COU~2Y REPORTER, a daily newspaper, printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Aha at its regular meeting held on the ~lst day of March, 1938, ATTEST E. L. VeMely City Clerk Fred C. Rowland Mayor ( SEAL~. STA?E OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF oAN_A ANA ) I, E. L. VEOEL¥, do hereby certify that I am the City Clerk and Ex-officio Clerk of the City Council of the City of Santa Ana~ that the foregoing ordnance was regularly introduced and read to ~he said Council at its regular meeting, held on the Vth day of March, 1938, and was again read to said council at its regular meeting, held on the 21st day of March, 1938, and was at said meeting regularly passed and adopted by said council by the following vote, to-wit AYES, TRUSTEES: Plummet W. Bruns, Joseph P. Smith, W.H.Penn, Ernest H. Layton, F~ed C. Rowland. NOES, TRUSTEES: None ABSENT, TRUSTEES: None E. L. Vegely City Clerk. (SEAL) ORDINANCE NO. 1062 A~ ORDINANCE OF THE CITY OF SANTA ANA ~MENDING ORDINANCE NO. 809 ENTITLED "AN ORDINANCE TO BE KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SANTA ANA, CALIFORNIA, PRESCRIBING THE CLASSES OF BUILDINGS, STRUCTURES AND IMPROVE~ENTS AND USES OR ADDITIONS IN THE SEVERAL ZONES TO BE CREATED BY THIS ORDINANCE, AND PROVIDING THE PENALTY FOR THE VIOLATION OF THE SAME." THE COUNCIL OF THE CITY OF SANTA A~A DO ORDAIN AS FOLLOWS: SECTION 1: That Section 4 of Ordinance No..809 entitled "An Ordinance to be known as the Zoning Ordinance of the City of Santa Aha, California, Prescribing the classes of buildings, Structures and Improvements and mses or Additions in the Several Zones to be created by this Ordinance, and Providing the Penalty for the Violation of the Same", which section was rescinded by Ordinance No. 869 of said City, entitled "Au Ordinance of the City of Santa Ana Amending Zoning Ordinance No. 809 of said City relative to duplex and two family apartment houses", be and the s~me is hereby reenacted in said Ordinance No. 809 and as so reenacted shall read as originally enacted in said Ordinance No. 809, except that there is hereby added to said Section 4 at the end thereo~ the following: "Any building permissible in a "B" zone may be permitted in the single family residence or "A~ zone under the provisions and permission required under Section l0 of this ordinance as a special use in such "A" zone." SECTION 2~ That Section 6 of said Ordinance No. 809 is hereby amended by strik2ng out therefrom the following words, to-wit: "and shall conform to the building restrictions provided for in Fire District No. 1", which words are at the end of the first paragraph of s aid Section 6. SECTION 3: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the ORANGE COUNTY REPORTER, a daily newspaper, printed, published and circulated in the City of Santa Aha, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADO~£~ by the Council of the City of Santa Aua at its regular meeting held on the 18th day of April, 1938. ATTEST: E. L. Vegely City Clerk Fred C. Rowland MayOr (SEAL). STATE OF CALIFORNIA ) COUNTY OF ORANGE ) )SS CITY OF SANTA ANA I, E.L.Vegely, do hereby certify that I am the City Clerk and Ex-officio Clerk of the City Council of the City of Santa Aha, that the foregoing ordinance was regularly introduced and read to the s aid Council at its regular meeting held on the 4th day of Apr 1938, and ~as again read to said Council at its regular meeting held on the 18th day of Apr. 1938, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: ALES, TRUSTEES: NOES, TRUSTEP~: ABSENT, TRUSTEES: Plummet W. Bruns, Fred C. Rowland. None None Joseph P. Smith, W.H.Penn, Ernest H.Layto 115 E. L. Vegely (SEAL). City Clerk -ORDINANCE NO. lOS5 AN ORDINANCE 0F THE CITY OF SANTA ANA CHANGING THE ZONE OF CERTAIN REAL PROPERTY IN SAID CITY THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1: That Zoning Ordinance No. 809 of the City of Santa Aha is hereby amended and the zone upon all that certain real property now in "Single Family Residence District" Which property is facing upon Chestnut Street and is llS-118 East Chestnut Street, more particularly described as commonly known as follows: The West thirty-two (52) feet of Lot three (5), Block two (2), Lyons Addition to the City of Santa Ana. is hereby changed fr6m "Single Family Residence District" to "Neighborhood Busines~ District", as defined in said Ordinance No. 809. SECTION ~: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the OHANGE COUNTYREPORTER, a daily newspaper, printed, published and circulat in the City of Santa Ana, and hereby designated for that purpose, and thirty (50) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Ana at its regular meeting held on the 10th day of Nay, 1958. ATTEST: E. L. Vegely City Clerk Fred C. Rowland Mayor (SEAL). STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Ana and ex-officio Clerk of the City Council of the City of Santa Ana, that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting, held on the End day of Nay, 1958, and was again read to said Council at its regular meeting held on the 10th day of Nay, 1958, and was at said meeting regularly passed and adopted by said Council by the following vote, AYES, TRUSTEES: NOES, TRUSTEES: ABSENT, TRUSTEES: Pl,~w,~er W. Bruns, Joseph P. Smith, W.H.Penn, Ernest H. Layton, Fred C. Rowland. None None to-wit: (SEAL). E. L. Vegely City Clerk ORDINANCE NO. 1064 AN ORDINANCE AMENDING ORDINANCE NO. 32 ENTITLED "AN ORDINANCE Dr~'INING NUISANCES, AND PROVIDING FOR THE PUNISHMENT AND FOR THE RE.10VAL AND ABATE- MENT OF THE S~AME." THE COUNCIL OF THE CITY OF SANTA ANA DD ORDAIN AS FOLLOWS: SECTION 1: That a new section is hereby added to Ordinance No. 32 of the City of Santa Aha entitled "AN ORDINANCE D~FINING NUISANCES, AND PROVIDING FOR THE PUNISHMENT AND FOR THE REMOVAL AND ABATEMENT OF THE SAME", which said new section shall be numbered Section 4c, and shall be inserted at the end of Section 4b of said Ordinance as the same is amended by Ordinance No. 1046, and which such section shall be in words and figures as follows: "Section 4c: It shall be unlawful for any person, firm, or corporation, eithe~ as owner, lessee, principal, agent, employer, or employee, to store, place or maintain, or cause or permit tb be stored, placed or maintained in the City of Santa Ana, except in an industrial or heavy industrial district of such City, as defined by the zoning or planning ordinances of such City, any new or used lumber, building material, brick, or terra cotta tile, concrete pipe, or building blocks, lime, cement or plaster of paris, scrap iron, Junk, or used scaffolding, or concrete form lumber or material, concrete mixing or construction equipment, or dismantled automobiles, or auto-wrecking or used parts. This section shall not be applicable when the said personal property shall be entirely confined in a building, enclosed with a roof, and on all sides, and a license fo~ the conduct of the business of dealing in such property shall have been granted at such location. Any violation of this section shall constitute a public nuisance". SECTION 2: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the ORANGE COUNTY REPORTER, a daily newspaper, printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Aha at its regular adjourned meeting held on the 5th day of July, 1938. E. L. Vegely City Clerk ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) Fred C. Rowland Mayor ( SEAL). I, E. L. VEOELY, do hereby certify that I am the City Clerk of the City of Sang Ana and ex-officio Clerk of the City Council of the City of Santa Aha, that the foregoin~ Ordinance was regularly introduced and read to the said Council at its regular meeting, held on the 20th day of June, 1938, and was again read to said Council at its regular adjourned meeting held on the 5th day of July, 1938, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: Joseph P. Smith, W.H.Penn, (SEAL). AYES, TRUSTEES: Plummet W. Bruns, Fre~ C. Howland. NOES, TRUSTEES: None ABSENT, TRUSTEES: Ernest H. Layton E. L. Vegely City Clerk ORDINANCE NO. 1065 AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING THE ZONE OF CERTAIN REA~ PROPERTY IN SAID CIT~.~ THE COUNCIL OF THE CITY OF SANTA ANA D 0 ORDAIN AS FOLLOWS: SECTION 1: That Zoning Ordinance No. 809 of the City of Santa Ana is hereby amende~ and the zone upon all that certain re~l property now in "Single Family Residence District" described as follows: The West 200 feet of the following described parcel of real property: That certain real pr.operty~ situate in the City of Santa Ana, County of 0r~nge, State of California, bounded and described as follows: Beginning at a point in the Northerly line of F~uit Street 261 feet West of the Westerly property line of. Grand Avenue; thence North 69V.8 fe~t; thence West 606.9 feet; thence South 697.8 feet; thence East along the Northerly property line of Fruit Street 606.9 feet to the point of beginning. is hereby changed from "Single Family Residence District" to "Heavy Industrial DistriCt", as defined in said Ordinance No.. 809. SECTION 2: The City Clerk shall certify to the passage of this ordinance and shall cause the s~me to be published in three consecutive issues of the ORANGE COUNTY REPORTER, a daily newspaper, printed, published and circulate in the City of Santa Aha, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Aha at its regular adjourned meeting held on the 5th day of July, 1938. ATTEST: Fred C. Rowland Mayor E. L. Vegely City Clerk (SEAL). STATE OF CALIFOE~IA ) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Aha'and ex-officio Clerk of the City Council of the City of Sauta Aha, that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting, held on the 20th day of June, 1938, and was again read to said Council at its regular adjourned meeting held on the 5th day of July, 1938, and was at said meeting regularly passed and adopted by said Council by the following vote, AYES, TRUSTEES: NOES, TRUSTEES: ABSENT, TRUSTEES: to-wit: Plummet W. Bruns, Joseph P. Smith, W.H.Penn, Fred C. Rowland. None Ernest H. Layton. E. L. VeEely City Clerk (SEAL) ORDINANCE NO. 1066 AN ORDINANCE OF THE CITY OF SANTA ANA, CALIFORNIA, FIXING THE AMOUNT OF MONEY ASCERTAINED TO CARRY ON THE VARIOUS DEPART~NTS OF THE CITY OF SANTA ANA, AND TO PAY THE BONDED INDEBTEDNESS FALLING DUE FOR THE CURRENT YEAR 1938-1939, AND FIXING THE RATE OF TAXATION FOR THE CURRENT YEAR 1938-t939, DESIGNATING THE EMBER OF CENTS ON EACH $100.00 FOR THE VARIOUS FUNDS OF SAID CITY, ON THE WHOLE OF THE TAXABLE PROPERTY OF SAID CITY AS SET B~ THE COUNTY ASSESSOR OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND EQUALIZED BY THE BOARD OF SUPERVISORS OF SAID COUNTY, AND HEREBY LEVIED ON THE WHOLE OF THE TAXABLE PR0~RTY OF SAID CITY. THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: THAT, WHEREAS, the City of Santa Ana, California, did on the ~8th day of December, 1914, by Ordinance, elect and determine to avail itself of the provisions of the Act of the 27th day of March, 1895, and subsequent amendments thereto relative to th~ assessment and collection of taxes for the municipal corporation of the City of Santa Ana, California, and did in accordance therewith on or about said date, file with the Auditor of Orange County, California, a verified copy of said Ordinance pertaining thereto as provided by law; and WHEREAS, the County Auditor of the County of Orange, State of California, on the 29th day of August, 1938, filed his statement in writing with the City Council of the City of Santa Ana, California, showing the total value of all property within the corporate limits for the year 1938-1939, and equalized and collected by the Board of Supervisors of Orange County, California, and fixed the sum as shown by the assessment rolls for said year at $~2,208,745.00, exclusive of operative property, and showing the total value of all property belonging to public utilities and used as operative property of such public utilities within the corporate limits of said City for the year 1938-1939, as determined and equalized by the Board of Equalization of the State of California, ameunting to the sum of $2,239,690.00, which said amounts make a total assessed valuation for tax purposes within the City of Santa Aha of the sue of $24,448,365.00, and WHEREAS, the City Council elects to levy a total tax for the sue of $1.59 on each $100.00 of the taxable property of said City as provided by law, the amount of money ascertained and fixed to carry on the various departments of the City of Santa Ana, and to pay the bonded indebtedness falling due for the current year 1938-1939, is the fixed sue of $388,729.00; and WHEREAS, seid sue is to be apportioned among the various departments of the said City of Santa Ana, and placed in the general and special funds to pay current municipal expenses on the assessed value of all the real and personal property within such municipality, over and above the several sums to be raised as provided by law. SECTION ~: That the total valuation of the taxable property of the City of Santa Aha of $24,448,365.00, shall be used as a basis for the levy of the taxes of the City of Santa Ana, at the same time and in the same manner in which County levies are made and collected. SECTION 2: That the rate of taxation for municipal purposes and to pay the bonded indebtedness and interest of the City of Santa Aha, California, for the current year 1938-1939 is hereby fixed at $1.59 on the taxable property of said City, and that said amount of $388,729.00 in the aggregate, and the rate sum of $1.59 on each $100.00 of the taxable property of said City is hereby levied upon all the taxable property as ]19 120 'ascertained by the County Assessor and equalized by the Board of Supervisors of Orange County, California, and as ascertained and equalized by the Board of Equalization of the State of C~lifornia, as aforesaid, and which said rate so fixed shall be apportioned among special funds to pay the current expenses, bonded indebtedness and interest and other indebtedness of said City, falling due for the current fiscal year 1938-1939 and other several sums to be raised as fixed and provided by law, ss follows, to-wit: For the General Fund, $0.55 on each $100.00 of the taxable property of said City; For the Street Fund, $0.23 on each $100.00 of the taxable property of said City; For the Sewer Fund, $0.03 on each $100.00 of the taxable property of said City; For the Fire Fund, $0.28 on each $100.00 of the taxable property of said City; For Parks, $0.03 on each $100.00 of the taxable property of said City; For the Library Fund, $0.14 on each $100.00 of the taxable property of said City; For the North Flower Street Bridge Bonded Indebtedness Fund, $0.001 on each $100.00 of the taxable property of said City; For the Sewer Bonded Indebtedness No. 2 Fund, $0.006 on each $100.00 of the taxable property of said City; For the Fire Department Bonded Indebtedness No. 2 Fund, $0.009 on each $100.00 of the taxable property of said City; For the City Hall Bonds No. 2 Bonded Indebtedness Fund, $0.002 on each $100.00 of the taxable property of said City; For Street Apparatus Bonds, Bonded Indebtedness Fund, $0.003 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, North Main Street Bonded Indebtedness Fund, $0.008 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, East First Street, Bonded Indebtedness Fund, $0.002 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, Bristol Street, Bonded Indebtedness Fund, $0.002 on each $100.00 of the taxable property of said City; For Schoo~ Street Improvement Bonds, Bonded Indebtedness Fund, $0.009 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, Culverts, 3rd and 4th Streets, Bonded Indebtedness Fund, $0.001 on each $100.00 of the taxable property of said City; For Santa Aha Main Sewer Line Bonds, $0.03 on each $100.00 of the taxable property of said City; For Joint Outfall Sewer Bonds, $0.035 on each $100.00 of the taxable property of said City; For Electric Fire Alarm System Bond Fund, $0.006 on each $100.00 of the taxable property of said City; For East Fire Engine House Bond Fund, $0.003 on each $100.00 of the taxable property of said City; t21 For Joint Outfall Sewer Maintenance Fund, $0.03 on each $100.00 of the taxable property of said City; For West Fire Engine House Bond Fund, $0.003 on each $100.00 of the taxable property of said City; For Fire Apparatus Bond Fund, $0.006 on each $100.00 of the taxable property of said City; For West Fifth Street Improvement Bond Fund, $0.007 on each $100.00 of the taxable property of said City; For Joint Outfall Sewer Bond Extension, $0.04 on each $100.00 of the taxable property of said City; For the purpose of paying for the lands purchased or to be purchased at tax sales for delinquent assessments and taxes under Street Improvement Bond Act of 1915, S0.10 on each $100.00 of the taxable property of said City; For the City Hall Bonds No. 3 Bonded Indebtedness Fund, $0.02 on each $100.00 of the taxable property of said City; For the North Main Street Bridge Bonded Indebtedness Fund, $0.007 on each $100.00 of the taxable property of said City; SECTION 3: The City Clerk is hereby instructed to submit a certified copy of this Ordinance to the County Auditor of Orsnge County, California, on or before the 1st day of September, 1938. SECTION 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in three consecutive issues of the Santa Ana Register, a daily newspaper printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose. This ordinance shall take effect from and after its adoption. PASSED AND ADOPTED by the Council of the City of Santa Aha at its regular adjourned meeting held on the 29th day of August, 1938. Fred C. Rowland Mayor ATTEST: E. L. Ve~ely City ~"lerk and ~x'offici0 Clerk of the City Council of the City of Santa Ana STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Ana, and ex-officio Clerk of the City Council of the City of Santa Aha; that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting held on the 15th day of August, 193@, and was again read to said Council at its regular adjourned meeting held on the 29th day of August, 1938, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: AYES: TRUSTEES NOES: TRUSTEES ABSENT: TRUSTEES Plui~r W. Bruns, W.H.Penn, Fred C. Rowland. Joseph P. Smith None Ernest H. Layton, E. L. Vegely City Clerk (SEAL). 122 ORDINANCE NO. $.0.67 AN ORDINANCE AMENDING ORDINANCE NO. 1052, ENTITLED "AN ORDINANCE ESTABLISHING WATER RATES IN THE CITY OF SANTA RNA, PRESCRIBING RULES AND REGULATIONS GOVERNING CONSUMPTION OF WATER AND FIXING A PENALTY FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCES IN CONFLICT HEREWITH", AND PROVIDING FOR TEMPORARY INCREASE IN WATER RATES. THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS, TO-WIT: SECTION l: That Ordinance No. 1052 entitled "An Ordinance Establishing Water Rates in the City of Santa Ana, Prescribing Rules and Regulations Governing Consumption of Water and Fixing a Penalty for the Violation Thereof, and Repealing Ordinances in Conflict herewith" is hereby amended by the addition thereto of a new section to be numbered Section 2½, which new section shall be inserted at the end of Section 2 thereof, and shall read as follows: SECTION 2!:2 That the following rates and compensation are hereby fixed and established as the rates and compensation to be charged and collected by the Santa Aha Water Department, for water furnished by said Department between the 1st day of October, 1938, and the 1st day of July, 1939, except that i~ all cases where the reading of the water meter for any consumer, occurs between th~ 1st day of October, 1938, and the 1st day of November, 1938, this rate shall continue in force until a corresponding monthly date between the 1st day of July, 1939, and August 1st, 1939, and such consumer shall not be charged according to this rate for the portion of the month prior to such meter reading between October 1st, 1938, and November 1st, 1938~ Said rates are as follows: A minimum base rate, stand by or readiness to serve charge for each size of service connection as follows: For each 5/8" or 3/4" service For each 1" service For each l~" service For each ~" service For each 3" service For each 4" service For each 6" service $ 1.25 1.55 2.80 4.05 5.95 9.05 I2.15 And in addition thereto there shall be charged the following amounts for water furnished: of $2.25, ~TER RATES For the first 1000 cu. ft. or less in any one month at the rate of $.05 per 100 cu. ft. For the next 3000 cu. ft. or less at the rate of $.15 per 100 cu. ft. For the next 21,000 cu. ft. $.13 per 100 cu. ft. For all over 25,000 cu. ft. cu. ft. or less at the rate of at the rate of $.12 per 100 FLAT RATE All water services where no meter is installed shall pay a monthly rate payable in advance. For construction purposes where meters are not installed or used: 1. For each 100 lin. 2. For each 100 sq. ft. 5. For each 100 sqj ft. 4. For each 100 sq. ft. ft. of curb of cement sidewalks of concrete pavement of pavement subgrade 5. For each 100 lin.ft, of sewer, water or gas ditch settled For each 100 yards of plaster For each 1000 brick laid including wetting For each bbl. of cement or lime used other than pavement That the provisions of Section 2 of this Ordinance .25 .15 .15 .05 1.00 .25 .10 shall be inoperative during the time and for such services as are covered by this section." SECTION 2: The fiscal status of this City has become seriously impaired by necessary emergency expenditures resulting from damage and extraordinary demands for repair work in this City by storm and flood and sufficient money cannot be raised by other means in time to meet indebtedness resulting theref~m all of which damages requiring such expenditures have created a menace to public peace, health and s~fety. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published in three consecutive issues of the Santa Aha Register, a daily newspaper printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose. This Ordinance shall take effect from and after its adoption. PASSED AND ADOPTED by the Council of the City of Santa Aha at its regular adjourned meeting held on the 26th day of September, 1938. Fred C. Rowland Mayor ATTEST: E. L. Vegely City Clerk (SEAL). STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Ana and ex-officio Clerk of the City Council of the City of Santa Ana, that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting held on the 19th day of September, 1938, and was again read to said Council at its regular adjourned meeting held on the 26th day of September, 1938, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: Plurmmer W. Bruns, W.H.Penn, Ernest H. Layton, TRUSTEES: TRUSTEES: TRUSTEES: AYES, NOES, ABSENT Fred C. Rowland. None Joseph P. Smith E. L. Vegely City Clerk (SEAL). 12'4 ORDINANCE N0. 1068 AN ORDINANCE OF THE CITY OF SANTA ANA, C~L!FORNIA, FIXING THE ANOUNT OF NONEY'ASCERTAINED TO CARRY ON THE VARIOUS DEPARTNENTS OF THE CITY OF SANTA ANA, AND TO PAY THE BONE~ED INDEBTEDNESS FALLING DUE FOR THE CURRENT YEAR 1938-1939' AND FIXING THE RATE OF TAXATION FOR THE CURRENT YEAR 1938-1939, DESIGNATING THE NUMBER 0F CENTS ON EACH $100.00 F0R THE VARIOUS FUNDS OF SAID CITY, ON THE'WHOZE OF THE TAXABLE PROPERTY 'OF SAID CITY AS SET BY THE COUNTY ASSESSOR OF THE COUNTY 0F ORANGE, STATE OF CALIFORNIA, AND EQUALIZED BY THE BOARD OF SUPERVISORS OF SAID COUNTT, AND HEREB~f LEVIED ON THE WHOLE OF THE TAXABLE PROPERTY OF SAID CITY. THE COUNC.IL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWg: THAT WHEREAS, the City of Santa Aha, California, did on the 28th day of December, 1.914, by Ordinance elect and determine to avail itself of the pro- visions of.the Act of the 27th day of Narch, 1895, and subsequent amendments there1 relative to the assessment and collection of taxes for the municipal corporation of the City of Santa Ana, California, and did in accordance therewith on or about said date, file with the Auditor of 0rmuge County, California, a verified copy of said Ordinance pertaining thereto as provided by law; and WHEREAS, the County Auditor of the County of Orange, State of California on the 29th day of August, 1938, filed his statement in writing with the City Council of the City of Santa Aha, California, showing the total value of all property within the corporate limits for ~he year 1938-1939, and equalized and collected by the Board of Supervisors of Orange County, California, and fixed the sum as shown by the assessment rolls for said year at $22,208,745.00, exclusive of operative property, and showing the total value of all property belonging to public utilities and used as operative property of such public utilities within the corporate limits of said City for the year 1938-1939, as determined and equalized by the Board of Equalization ~f the State of California, amounting to the sum of $2,239,620.00, which said amounts make a total assessed valuation for. tax purposes within the City of Santa Aha of the sum of $24,448,365.00, and WHEREAS, the City Council elects to levy a total tax for the sum of $1.59 on each $1OO.00 of the taxable property of said City as provided by law, the amount of money ascertained and fixed to carry on the various departments of the City of Santa Aha, and to pay the bonded indebtedness falling due for the current year 1938-1939, is the fixed sum of $388,729.00; and WHEREAS, said sum is to be apportioned among the various departments of the said City of Santa Aha, and placed in the general and special funds to pay current municipal expenses on the assessed value of all the real and personal property within such municipaiit~, over and above the several sums to be raised as provided by law. SECTION 1: That the total 'valuation of the taxable prop~ty of the City of Santa Ana of $24,448,365.00, shall be used as a basis for the levy of the taxes of the City of Santa Aha, at the same time and in the same manner in which County levies are made and collected. ,SECTION 2: That the rate of taxation for municipal purposes and to pay the bonded indebtedness and interest of the City of Santa Aha, California, for the current year 1938-1939 is hereby fixed at $1.59 on the taxable property .of said City, and that said amount of $388,729.00 in the aggregate, and the rate sum of $1.59 on each $100.00 of the taxable property of said City is hereby levied upon all the taxable property as ascertained by the County Assessor and equalized by the Board of Supervisors of Orange County, California, and~e ascertained and equalized by the Board of Equalization of the State of California, as aforesaid, and which said rate so fixed shall be apportioned among special funds to pay the current expenses, bonded indebtedness and interest and o~her indebtedness of said City, falling due for the current fiscal year 1938-1939, and other several sums to be rai.~ed as fixed and pro- vided by law, as follows, to-wit: ity, City; City~ For the For the General Fund, $0.55 on each $100.00 of the taxable property of said Street Fund, $0.23 on each $100.00 of the taxable property of said For the Sewer Fund, $0.03 on each $100.00 of the taxable property of said For the Fire Fund, $0.28 on each $100.00 of the taxable property of said Ctty~ For Parks, ~0.03 on each $100.00 of the taxable property of said City~ For the Library Fund, $0.14 on each $100~00 of the taxable property of said City; For the North Flower Street Bridge Bonded Indebtedness $100.00 of the taxable property of said City; For the Sewer Bonded Indebtedness No. 2 Fund, $0.008 on each $100.00 taxable property of said City; For the Fire Department Bonded Indebtedness No. 2 fund, $0.009 of the taxable property of said City; For the City Hall Bonds No. 2 Bonded Indebtedness Fund, $0.002 of the taxable property of said City; For Street Apparatus Bonds, Bonded Indebtedness Fund, $0.003 of the taxable property of said City; Pund, $0.001 on each of the on each $100.00 on each $100.00 on each $100.00 For Street Improvement Bonds, North Main Street Bonded Indebtedness Fund, $0.008 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, East First Street, Bonded Indebtedness Fund, $0.002 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, Bristol Street, Bonded Indebtedness Fund, $0.002 on each $100.00 of the taxable property of said City; For School Street Improvement Bonds, Bonded Indebtedness Fund, $0.009 on each $100.00 of the taxable property of said City; For Street Improvement Bonds, Culverts, 3rd and 4th Streets, Bonded Indebtedne~ Fund, $0.001 on each $100.00 of the taxable property of said City; For Santa Aha Main Sewer Line Bonds, $0.03 on each $100.00 of the taxable property of said City; For Joint 0utfall Sewee Bonds, $0.035 on each $100.00 of the taxable property of said City; For Electric Fire Alaz~n System Bond Fund, $0.006 on each $100.00 of the taxable property of said City; For East Fire Engine House Bond Fund, $0.003 on each $100.00 of the taxable property of said City; S For Joint 0utfall Sewer Maintenance ~und, $0.03 on each $100.00 of the taxable property of said City; For West Fire ~hgine House Bond Fund, $0.003 on each $100.00 of the taxable property of said City; For Fire Apparatus Bond Fund, $0.006 on each $100.00 of the taxable property of said City; For West Fifth Street Improvement Bond Fund, $0.007 on each $100.00 of the taxable property of said City; For Joint 0utfall Sewer Bond Extension, $0.04 on each $100.00 of the taxable property of said City; For the purposeof paying for the lands purchased or to be purchased at tax sales for delinquent assessments and taxes under Street Improvement Bond Act of 1915, $0.10 on each $100.00 of the taxable property of said City; For the City Hall Bonds No. 3 Bonded Indebtedness Fund, $0.02 on each $100.00 of the taxable property of said City; For the North Main Street Bridge Bonded Indebtedness Fund, $0.007 on each $100.00 of the taxable property of said City; SECTION 3: The City Clerk is hereby instruct&d to immediately submit a certified copy of this Ordinance to the County Auditor of Orange County, California. SECTION 4: That this City Council by unanimous vote does hereby elect to levy a total tax, during the fiscal year of July l, 1938, to June 30, I939, for all purposes provided in Subdivision 9 of Section 764 of an Act of the Legislature entitled "An Act to Provide f or the Organization, ~ncorp~ration and Government of ~unicipal Corporation", Statutes of 1883, page 93, as amended, but exclusive of the tax for library purposes and bond, interest, and sinking fund purposes, in excess of 0ne Dollar, but not in excess of One Dollar and twenty-five cents on each one hundred dollars of the assessed value of all real and personal property within the said City of Santa Aha, to-wit: as set forth in this Ordinanc and the City Council by unanimous vote does hereby approve, ratify and confirm the adoption of Ordinance No. 1066 of said City, entitled identically herewith, and adopted by four-fifths vote of this council on the 29th day of August, 1938, and does hereby reenact, approve, ratify and confirm the same. This ordinance is not intended to and shall not create an additional tax levy over an~ above the levy made by said Ordinance No. 1066, except insofar as said Ordinance No. 1066 may be ineffective or invalid as to any part or all of the levy therein provided for. SECTION 5: This ordinance is, and the City Council hereby determines and declares the s~ne to be, an ordinance providing for a tax levy, and an emer- gency ordinance, and that it is necessary for the immediate preservation of the public peace, health, and safety, and further determines and declare~ that urgency exists which requires the immediate adoption of this ordinance, as affecting the health and safety of the public, and the following is a declaration of the facts constituting its urgency, to-wit: The levy and collection of taxes upon the real and personal property within the City of Santa Aha, by the said City, for the payment of the necessary expenses of the governmental functions exercised by said City, are necessary for the protection of public peace, health and safety, by providing among other things, care and maintenance of public streets, police protection, fire protection, health protection and this ordinance is required to establish the tax levy for the fiscal year July l, 1938, to June 30, 1939, so as to provide money necessary to pay for the s~ne, and the said taxes must be immediately assessed against the said taxable property so as to provide the funds necessary to pay such expenses, and to enable county officials of Orange County, who collect taxes for the City of Santa Ana, to proceed at the required time with the steps for the collection of s aidtaxes. SECTION 6: That this ordinance, being an urgency ordinance, shall be publishe, by one insertion in the Santa Aha Daily Evening Register, which paper is a newspaper of general circulation published in the City of Santa Aha, and the City Clerk is hereby directed to cause the same to be so published. This ordinance shall take effect from and after its adoption. PASSED AND ADOPTED by unanimous vote of the City Council of the City of Santa Aha this 3rd day of October, 1938, at its regular meeting held in the Council Chamber in the City Hall at 7:30 o'clock P.M. ATTEST: E. L. Vegely City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE )S~ CITY OF SANTA ANA ) I, E. L. Vegely, Fred C. Rowland Mayor (SEAL) . Santa Aha, and ex-officio Clerk of the City Council of the City of Santa Ana; that foregoing Ordinance was regularly introduced and read to the s~id Council at its regular meeting held on the 3rd day of October, 1938, and was at said meeting regularly passed and adopted by said Council by ~he following vote, to-wit: Plummet W. Bruns, W.H.Penn, Ernest H. Layton, Fred C. Rowland, Joseph P. Smith. (SEAL). do hereby certify that I am the City Clerk of the City of the E.L.Ve~ely City Clerk AYES, TRUSTEES: NOES, TRUSTEF~S: None ABSENT, TRUSTEES: None ORDINANCE NO. 1069 ORDINANCE GRANTING TO SOUTHEE~ CALIFORNIA EDISON COMPANY, LTD., ITS SUCCESSORS AND ASSIGNS, A FRANCHI. SE TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY AND ELECTRICAL ENERGY WITHIN THE CITY OF SANTA ANA, FOR AN~ AND ALL P~POSES OTHER THAN THOSE AUTtIORIZED UNDER SECTION 19 OF ARTICLE XI OF THE CON- STI~JTION OF TEE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS A~UDMENT ON OCTOBER 10, 1911, ALL POEES, WIRES, CONDUITS AND APPURTENANCES ~GtICH ARE NOW OR MAY HERE- AFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, ALLEYS, WAYS AND PLACES WITHIN SAID CITY AND TO CONSTRUCT AND USE IN SAID PUBLI0 STREETS, ALLEYS, WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION l: Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "grantee" shall mean the corporation to which the franchi~ contemplated in this ordinance is granted snd its lawful successors or assigns; (b) The word "City" shall mean the City of Santa Ana, a Municipal Corporation of the State of Callfomla, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now are or may hereafter exist within said City; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, crossarms, conduits, cables, wires, service wires, guy-wires, vaults, manholes, appliances, attachments, appurtenances and any other property located, or to be located, in, upon, along, across, under or over the streets of the city and used or useful in the transmitting and~or distributing of electrigity and electrical energy. (e) The' phrase "construct and use" shall mean to lay, construct, erect install, operate, maintain, use, repair or replace. (f) The phrase "constitutional franchise" shali mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitutior~ of the State of California, as said section existed prior to its amendment on October 10, 1911, and now owned by said grantee, which entitles it to use the public streets and thoroughfares of said city for introducing and supplying such city and its inhabitants with illuminating light. SECTION 2: A franchise (a) to use, for transmitting and distributing electricity within the City of Santa Ana for any and all purposes not included in said constitutional franchise, all poles, wires, conduits and appurtenances, which are now or may hereafter be lawfully placed on, in or under the streets within said city, and (b) to construct and use in said streets, all poles, wires, conduits and appurtenances necessary or proper for said purposes, is hereby granted to Southern California Edison Company, Ltd., upon the terms and conditions set forth in the Fr~nchise Act of 1937. SECTION 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the ssme shall, with the consent of the Railroad Commission of the State of California, be voluntarily surrendered or abandoned by the possessor thereof, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condeE and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or ~ondemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the possessor thereof. SECTION 4: The grantee of said Frsnchise shall, during the term hereof, pay to said city, during the life of the franchise a sum annually ~nich shall be equivalent to two percent (2%) of the gross annual receipts of said grantee arising from the use, operation or possession of said franQhise; provided, however, that such payment shall in no event Be less than a sum which shall be equivalent to one-half per cent (1/2%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under said franchise and said constitutional franchise. SECTION 5: The grantee hereof shall file with the City Clerk of the City of Santa Ana, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter a duly verified statement showing in detail the total gross receipts of said grantee, its successors or assi~s, during the preceding calendar year, or such fractional calendar year, from the s~le of the utility service for which this franchise is granted and from said Constitutional franchise. It shall be the duty of the grantee to pay to the City of Santa Aha within fifteen (15) days after the time for filing said state- ment, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year~ covered by said statement. Any neglect, omission or refusal of said grantee to file said verified statement, or to pay said percentage at the times or in the ~-Bner her~ihbefore provide shall be $~W~nds. for the declaration of a forfeiture of this franchise and of all rights hereunder. SECTION 6: This ordinance is granted under and in accordance with provisior~ of said Franchise Act of 1937. SECTION V: This grant is made in lie~ of all other f~aneh_ise$, rights, o~ privilegew owned by the grantee, or by any successor of the grantee to any rights under this franchise, for transmitting and distributing electricity f~r all purposes not included in said constitutional franchise.within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such other franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lleu of which this franchise is granted. SECTION 8: The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when the City shall thereafter annex or consolidate with, 130 ' additional territory, any and all franchise rights and privileges owned by the grantee therein, emcept the fr~chise derived under the aforesaid Constitutional provision, shall likewise be deemed to be abandoned w~'thin the limits of such territory. SECTION 9: The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the said City to acquire the property of the grantee hereof either by purchase or through the exer~ise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the grantee or any pliblic utility. Nor shall this franchise ever be given any value before any court or other public authority in any proceeding of any character in excess of the cost to the grantee of the necessary publication ~nd any other sum paid by it to the City therefor at the time of the acquisition thereof. SECTION 10: The grantee of this franchise shall file a bond, running to the said City, with at leaat two good and sufficient sureties, to be approved by the legislative body thereof, in a penal sum e'f $1000.00 conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of conditior. of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. SAid bond shall be filed with the legislative bod of said City within five (5) days after the date of the granting of this franchis and in case said bond shallnot be so filed, or shall not receive the approval of the legislative body, this franchise shall be forfeited and a~2 money paid to the City in connection therewith shall likewise be forfeited. SECTION 11: The grantee of this franchise shall (a) construct, install and maintain all poles, wires, conduits and appurtenances in accordance with and in conformity with all of the ordinances, ~ules and regulations heretofore or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to ~he location and maintenanc~ of such facilities; (b) pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise; (c) indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; (d) remove or relocate, without expense to the City, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alle or place, including the construction of any subway or viaduct by the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights of privileges granted thereby, written evidence · of the s~ne, certified thereto by the grautee or its duly authorized officers. SECTION 12: The Engineer shall have power to give the grantee such directions for the location of any and all poles, wires, conduits and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfull in or under the streets; and before the work of constructing any and all poles, wires, conduits and appurtenances is con~nenced, the grantee shall file with said Engineer plan showing the location thereof, which shall be subject to the approval of said Engineer ~such approval not to be uureasonably withheld)~ and all such construction shall be subject to the inspection of a~td Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for under- ground traps, vaults and manholes may extend above the surface of the streets when said vents are Iocat~d in parkways, between the curb and the property line. Where it is necessary to lay any underground pipes or conduits through, u~der or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be ~one~by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. SECTION 13: If any portion of any street shall be damaged by reason of defects ~n any of the poles, wires, conduits and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existenc of any poles, wires, conduits and appurtenances constructed or maintained under this grant, said grantee shall, at its own cost and expense, immediately repair any such damag~ and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction. SECTION 14: (a) If the grantee of this f~nchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after w~itten demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non-compliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION 15: The grantee of this franchise shall pay to said City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connect- ion with the granting of this fr~mehise; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such expenses SECTION 16: Within ten (10) days after the passage and publication of this ordinance, the grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereo SECTION l?: The City Clerk shall certify to the passage of this ordinance ~nd shall cause the same to be published in three consecutive issues of the SANTA ANA DALLY EVENING REGISTER, a daily newspaper printed, published and circulated in the City of S~nta Aha, and hereby designated for that purpose. 'This ordinance shall take effect and be in force thirty (~0) days thereafter. PASSED AND ADOPTED by the Council of the City of Santa Aua at its regular meeting held on the l~th day of October, 19~8. ATTEST: Fred C. Rowland Mayor E. L. Vegely City Clerk (SEAL~. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF $~NTA AMA I, E. L. VEGELY, do hereby certify that I am the City Clerk of City. of Santa Aha and ex-officio Clerk of the City Council of the City of Smta Aha, that the foregoing ordinance was regularly introduced and read to the said Council at its regular meeting, held on the ~rd day of October, 19~8, and was again read to said Council at its regular meeting, held on the 17th day of October, 19~8, and was at said meeting regularly passed and adopted by said Council by the AYES, NOES, ABSENT, following vote, TRUSTEES: TRUSTEES: TRUSTEES: to-wit: Plumer W. Bruns, Joseph P. Smith, Fred C. Rowland W. H. Penn, Ernest H. Layton. None ( SEAL}. E. L. Vegely City Clerk '133 ORDINANCE NO. lOVO AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING THE ZONE OF CERTAIN PHOP~RTY IN SAID CITY, THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION !: That Zoning Ordinance No. 809 of the City of Santa Ana is hereby amended and the zone upon all that certain real property now in "Single Family Residenc~ District" located and described as follows: Beginning at a point on the West line of Parton Street as shown on a Map recorded in Book 1S, page 3 of Miscellaneous Records of Los Angeles County, California, 258.5 feet South of the South line of Washington Avenue, and running thence West parallel to the South line of Washington Avenue 249.9 feet more or less, to a point 274.9 feet East of the center line of Flower Street; thence South parallel to the West line of Patton Street 8.25 feet; thence West parallel to the South line of Washington Avenue, 129.9 feet; thence South parallel to the center line of Flower Street 41.75 feet; thence East parallel to the South line of Washington Avenue 379.8 feet more or less, to the West line of. Patton Street; thence North along the West l~ne of Patton Street 50 feet to the point of beginning. is hereby changed from "Single Family Residence District" to "Apartment House District", as defined in said Ordinance No. 809. SECTION 2: The City Clerk shall certify to the passzge of this Ordinance and shall cause the same to be published in three consecutive issues of the SANTA ANA DAILY EVENING REGISTER, a daily newspaper printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Ana at its regular meeting held on the 7th day of November, 1958. ATTEST: E. L. Vegely City Clerk By: Erma Keeler, Deputy Fred C. Rowland Mayor (SEAL). STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF SANTA ANA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Aha and ex-officio Clerk of the City Council of the City of Santa Aha, that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting, held on the 17th day of October, 1938, and was again read to said Council at its.regular meeting, held on the 7th day of November, 1955, and was at said meeting regularly passed and adopted by said Council by the following vote, to-wit: Plummer W. Bruns, Ernest H. Layton, Joseph P. Smith, W.H.Penn, Fred C. Rowland. E. L. Vegely City Clerk by: Erma Keeler, Deputy. (SEAL). AYES, TRUSTEES: NOES, TRUSTEES: ABSENT, TRUSTEES: None None 1341 ORDINANCE NO. 1071 AN ORDINANCE AMENDING ORDINANCE NO. ~09 OF THE CITY OF SANTA ANA ENTITLED "AN ORDINANCE REGUIATING AND SUPER- VISING CERTAIN BUSINESS WHERE GAMES OF POOh, BILLIARDS, BAGATELLE, BOWLING ALLEYS OR OTHER LAWFUL GAMES ARE CARRIED 0N FOR PROFIT OR GAIN". THE COUNCIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION l:.That Section 8 Of Ordinance No. V09 of the City of Santa Aha entitled "AN ORDINANCE REGULATING AND SUPERVISING CERTAIN BUSINESS WHERE GAMES OF POOL, BILLIARDS, BAGATELLE, BOWLING ATJ.EYS OR OTHER LAWFUL GAMES ARE CA~RIED ON FOR PROFIT OR GAIN", be amended so as to read as follows: "Section 8: It shall be unlawful for any person under the age of eighteen years to visit or enter or engage in any way or loiter in or about any room where the aforesaid games are being conducted or carried on." SECTION 2: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the SANTA ANA DAILY EVENING REGISTER, a daily newspaper, printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose, and thirty (30) days thereafter shall take effect and be in force. PASSED AND ADOPTED by the Council of the City of Santa Ana at its regular meeting held on the 21st day of November, 1938. ATTEST: E. L. Vegely City Clerk Fred C. Row~and M~yor ( SEAL~. CITY OF SANTA ANA ) COUNTY OF ORANGE )SS STATE OF CALIFORNIA ) I, E. L. VEG~LY, do hereby certify that I am the City Clerk of the City of Santa Aha, and ex-officio Clerk of the City Council of the City of Santa Ana; that the foregoing ordinance was regularly introduced and read to the said Council at its regular meeting, held on the 7th day of November, 1938, and was again read to said Council at its regular meeting held on the 21st day of November, 1938, and was at said meeting regularly passed and adopted by the said Council Joseph P. Smith, W. H. Penn, Ernest H. Layton, Fred C. Rowland. None Plummet W. Bruns. by the following vote, to-wit: AYES, TRUSTEES: NOES, TRUSTEES: ABSENT, TRUSTEES: SEAL) E' L. Vegely City Clerk. 135 ORDINANCE N0. 1072 AN ORDINANCE AMENDING ORDINANCE NO. 1052, ENTITLED "AN ORDINANCE ESTAB- LISHING WATER RATES IN THE CITY OF SANTA ANA, PRESCRIBING RULES AND REGUIATIONS GOVERNING CONSUMPTION OF WATER AND FIXING A PENALTY FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCES IN CONFLICT HEREWITH", AND PROVIDING FOR A CHANGE IN WATER RATES. THE COU~UIL OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWB: SECTION 1: That Ordinance No. 1052 entitled "~ ORDINANCE ESTABLISHING WATER RATES IN THE CITY OF SANTA ANA, PRESCRIBING RUEES AND REGULATIONS G0¥~LkNING CONSUMPTION OF WATFi~ AND FIXING A PENALTY FOR THE VI0~ATION THEREOF, AND REPEALING ORDINANCES IN CONFLICT HEREWITH", as amended by Ordinance No. 1067, is hereby amended by amending Section 2~ thereof to read as follows: "SECTION 2~: That the following rates and compensation are hereby fixed and established as the rates and compensation to be charged and collected by the Santa Ana Water Dep~rtment for water furnished by said department upon all meter readings made subsequent to the 1st day of January, 1939, and prior to December 31, 1939. Said rates are as follows: A minimum base rate, standby or readiness to serve charge for each size of service connection For each For each For each For each For each For each as follows: 5/S" or 3/4" service...... · · $1.25 l" service ....... 1.55 l-l/2" service ....... 2.80 2" service · · · .... 4.05 3" service ..... 5.95 4" service ..... 9.05 · · · · · . 12.15 For each 6" service And in addition water furnished: thereto there shallbe charged the following amounts for METER RATES For the first 1000 cu. ft. or less in any one month there shall be no additional charge. For the next For the next For all over 25,000 cu. ft. 5000 cu. ft. or less at the rate of $.14 per 100 cu. ft. 21,000 cu. ft. or less at the rate of $.12 per 100 cu. ft. at the rate of $.08 per 100 cu. ft. FLAT RATE All water services where no meter is installed shall pay a monthly rate $2.25, payable in advance. For construction purposes where meters are not 1. For each 100 lin.ft, of curb 2. For each 100 sq. ft. of cement sidewalk 3. For each 100 sq. ft. 4. For each 100 sq. ft. 5. For each 100 lin.fte ditch settled of concrete pavement of pavement subgrade of sewer, water or gas 6. For each 100 yards of plaster installed or used. $ .25 .15 .15 .05 1.00 .25 of 7. For each 1000 brick laid including wetting $ .10 8. For each bbl. of cament or lime used other than pavement .05 That the provisions of Section ~ of this Ordinance shall be inoperativel during the time and for such services as are covered by this Section, or until this section is repealed." .~CTION 2: The fiscal status of this City has become seriously impaired by necessary emergency expenditures resulting from damage and extraordi~ demands for repair work in this City by storm and flood and sufficient money cannot be raised by other means in time to meet indebtedness resulting therefrom, al! of which damages requiring such expenditures have created a menace to public peace, health and safety. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in three consecutive issues of the SANTA ~A DAILY EV~(ING REGISTEE, a daily newspaper printed, published and circulated in the City of Santa Ana, and hereby designated for that purpose. This ordinance shall take effect from and after its adoption. PASSED AND ADOPTED by the Council of the City of Santa Ana at its regular adjourned meeting held on the 27th day of December, 1938. Fred C. Rowland Mayor ATTEST: E. L. Vegely City Clerk (SEAL). CITY OF SANTA ANA ) COUNTY OF ORANGE ) SS STATE OF CALIFO~IA ) I, E. L. VEGELY, do hereby certify that I am the City Clerk of the City of Santa Ana and ex-officio Clerk of the City Council of the City of Santa Ana, that the foregoing ordinance was regularly introduced and read to the s aid Council at its regular meeting held on the 19th day of December, 1938, and was again read to said Council at its regular adjoumed meeting held on ~the ~Tth day of December, 1938, and was at said meeting regularly passed and adopted by the said Council by the following vote, to-wit: AYES, TRUSTEES: Plummet W. Bruns, Joseph P. Smith, W.H.Penn, Ernest H. Layton, Fre~ C. Rowland. NOES, TRUSTEES: None ABSENT, TRUSTEES: None. E. L. Vegely_~_ City Clerk. (SEAL).