Daily Los Angeles herald., 1883-12-14

Los Angeles. tfas
Do It resolved by the Mayor and
Council OF the City of Los Angeles.
SEcrIos /. Whereas. it is deemed
expedient for the protection, benefit and
convenience Of the city of Los Angeles
and the inhabitants thereof. that the
sewerage matter flowing through the
San Pedro street sewer should be per.
pstually disposed Of outside OF the lin
its Of Los Angeles city; aQ1bs
The following is hereby adopted by
the city Of Los Angeles
SEC. 2. For valuable considerations
and the limitations hereinafter contained
the city Of Los Angeles hereby grants to
the South Side Irrigation Company, q
corporation duly created and existing
for the period Of eighteen years, com.
mencing ON the lst day Of November,
1885. the right to take all the sewerage
matter Of every kind flowing through
the San Pedro street sewer and use tue
same.
This right and privilege is granted
upon the following conditions:
lst. The said South Side Irrigation
Company will, at its own cost and ex.
pense, and at all times continuously,
both by day and by night, accept, re.
ceive and take charge Of, in an air tight,
iron, cement or asbestine stone pips, al
sewerage which may be discharged
through the extension of San Pedro
street sewer at the sonth boundary line
Of the city Of Los Angeles. and at all
times care for and dispose Of and dis
tribute the same and all parts thereof, in
such a manner as that no part of the
| said sewerage shall at any time become
public nuisance or nuisance to any
private individual, and shall not for the
period above mentioned in any manner
become charge upon said city; and
that the said South Side Irrigation Com.
pany will never. at any time, or for any
purpose whatever, stop or block up or
allow any Of its agents, employees or
any one to stop or block up the discharge
Of the said sewerage. or any portion
thereof, at the mouth of the said exten-
si5n of said sewer, or any part of the
said extension or sewer, and will never
use, discharge or empty. or permit to be
be used, discharged or emptied, for irri-
cation. fertilization or any other pur-
pose, any part Of said sewerage in or
upon any lands or premises within the
limits Of the city Of Los Angeles. fh
I'd. That the said South Side Irriga.
tion Company will, on the lst day Of
November, 1885; on the 3lst day Of Oc-
tober. 1887; on the 10Th day Of October.
80; on the 9th day Of October, 1891;
on the 25th day OF October, 1893; on the
2sd day Of October, 1895; on the 2lss
day Of October, 1897; on the 10Th day of
October, 1899; on the 18th day of Octo.
Der, 1901; and on the 18th day of Octo-
Der, 1908. respectively, execute and de.
liver to the city Of Los Angeles a proper
undertaking in the sum of fifteen thous-
and dollars, with two good and sufficient
suretiss--or more than two good and
sufficient sureties-who must become
lisbleon misunderstanding in any amount
more, than one thousand dollars and less
than fifteen thousand dollars, II the
whole amount and aggregate fof which
al the said sursties become liable be
equivalent to that Of two Sufficient sure.
ties, AL of phioh said undertaking aud
sureties shall be such as shall be salts
factory to and be approved by the Coun
Gil of the city of Los Angeles, or by that
body or person which may by operation
Of law succeed TO the rights, duties and
privileges Of the Couhsil Of the city q,
Los Angeles; which said undertaking
shall be conditioned for the fsithful per-
lfernance ny the patty Of the second
parL its successors Il isterest ana a.
signs, Of each and every Of the condi.
tons. terms and covenants Of this instru.
msnt to be performed by the party q
the second part, and by its assigns and
kmssefdn ~ iaesrestfor the full period
Of twenty. three t2s) months and twenty
nine tss) dAss ssxs spsaisg after the ex
ecusion and delivery Of the said sevsral
undertskings as hereinbefore provided
Sd. The city Of Los Angeles reserve.
the right at any Tins, 10 disconnect am
sewer now or hereafter enptying into
said San Pedro street sewer, provided
said disconnsction shall not dscress,
the average amount Of seeerage in said
San Pedro street sewer at a point 81. .2l
fSs& disAat Ssxihsrly ffsh the northeas
CORNER Of Washington and ssn. Pedrs
stsssss below three aad i've hundred snt
eighty-five thousandths (3.6s5) cubi,
isst discharge per second.
/ 4th., That the failure OF neglect by
the said South Side Irrigation Company
its successors IN interest or assigns tt
comply with and perform any one o.
more Of the conditions, covenants ani
terms Of this grant and instrument, shal
be, and shall le considered, breach O.
this grant and Instrument, and that tn.
damage which shall accrue to the city o.
Los Angeles by reason Of said failure ol
neglect, shall be at least the sum Of ST,
thousand doiisrs; which said last men
toned sum is hereby agreed upon BY th.
city of Los Angeles and the South Sid,
Irrigation Company. its successors in in
tersst and assigns. as iiquidated damage
for any such breach.
The last named sum shall not ineluds
such other damages as may be actually
fproven, but shall include all costs snt
expense incurred by the city Of Los An
gsles in laying down and constructing
the said extension Of the said sewer
hereinbefore mentioned, and shall be il
full satisfaction Of all damages sufferst
by the city Of Los Angeles in iayins
down and constructing the extension o
the said sewer Is hereinpefore provided
9th. Tat upon the failure or neglec
4 n =
BY the said South Side Irrigation Com
pAny. its success RS in interest or as
signsto comply with and perform any
one of more Of the conditions, terms ant
covenants Of this grant and instrument
and upon the judicial determination BY
any court Of competent Jurisdiction thai
the said South Side Irrigation Company
its successors in interest or assigns hav,
failed or neglected to comply with o,