HomeMy WebLinkAboutCC Reso No 1928-201
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mnsOLUTION NO .f!;l 0/
A RESOJ:,UTION OF TP.tE CITY COUNCIL OF THE CITY
OF ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,
IN TEE MATTER OF THl!1 APPLICATION OF SOUTHERN CALIFORNIA
GAS CO:MPAI\TY FOR A FRANCHISE .AND PRIVILEGE FOR CARRYING,
TRANSPORTING, CONVEYING, CONDUOTING AND DISTRIBUTING
GAS.
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The City Council of the City of Elsinore, County of
Riverside, State of California, do resolve as follows:
Southern California Gas Company, a California corpor-
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aU~~ having h, eret".,te,r,e by petition in wri t,ing tiled herein on the
I~~y of August, , 1928, duly made application to the City
Council of the City of Elsinore, County of Riverside, State of Gal-
ifomia, for a franchise and privilege therein and hereinafter
particularly described, and said application coming on regularly
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this day to be heard and considered by said Ci ty Council, and good
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15 cause appearing therefor, upon motion of Trustee~~~~econd-
16 ed by Trustee;%1t9 ~~
17 IT IS UNBDIO LY &E~, DECUREID, .AND STATED th at it
is prQ:posed to grant said franchise and privilege, and that the
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19 cha.racter of saii fr~chise and privilege proposed te be granted,
and the ter.m for which it is granted, and the conditions and
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A franchise and privilege to lay, construct, operate,
restricid-
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ions of said franchise and privilege are as follows, to-wit:
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maintain, use, repair, replace and/or remove a system of conduits,
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mains and pipelines, together with such valves, fi ttings and other
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25 B'quipment as the grantee or grantees, his, its or their successors
26 or assigns, may deem necessary or convenient, in, upon, under, a-
long and across the public streets and highways in the City of
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28 Elsinore, County of Riverside, State of California.
Togetb.er With the right to carry, transport, convey, c.on-
:: I duct, and distribute gas in and through said system of condui ts,
31 mains and pipelines, in, through and along said public streets and
32 highways.
Said franchise and privilege shall continue for a ter.m
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1 of twenty-five (25) years from and after the date of granting the
2 same ()
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The grantee or grantees of said franchise and pri vilege,
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his, its or their successors or assigns, shall in good faith com-
mence work to lay said system of conduits, mains and pipelines and
to construct the same wi thin not more than four months from the
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granting of said franohise and privilege and shall thereafter dili-
gently proseoute said work in good fai th.
Any pipeline laid, located or maintained under said fran-
ohise and privilege sh-.l1 be so placed as not to interfere:with the
use of said publio streets and highways, by the traveling public
or for public purposes to any greater extent than is reasonably
neoessary; and in laying said pipeline the grantee or grantees of
said t'ranohise and priVilege sh~l fill the trench and leave the
surface of the street or highway in as good condition as it was
prior to excavating for laYi~g said pipeline, and any pipeline laid
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or maintained under said franonise and privilege shall be laid,
located and maintained in conformity with instructions given by and
to the satisfaction of the City Engineer or City Council of the City
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of Elsinore and the grantee or grantees, his, its or th~r success-
ors or assigns shall hold the City of Elsinore harmless from all
damage resulting from the laying, use or operation of said pipeline.
~"he Oi ty of Elsinore shall have the right to ohange the
grade of any street or highway over which this franchise is granted,
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25 I and the grantee or grantees of said franchise and privilege, his,
its or their sucoessors or assigns shall Change the looation of all
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pipelines and other applianoes lai d hereunder to oonform to such
change of grade..
Th.e grantee or grantees of said franchise and priVilege,
his, its or their successors or. assigns, must, during the life of
said franchise and privilege, pay to the City of' Elsinore, County
of Riverside, in lawful money of the United States, two .per cent
of the gross annual receipts of' said grantee or grantees, his., its
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or their successors or assigns, arising from the use, operation
2 or possession of said franchise and privilege. No percentage shall
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be paid for the first five years succeeding the date of said
franchise and privilege, but thereafter such percentage shall be
payable annually; and in the event sai d payment is not made said
franchise and privilege shall be forfeited.
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The grantee or grantees of said fX'iili1(~hise and privilege
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shall, prior to twenty days afte'!' the "passage of the ordinance
granting said franchise and privilege, file with the City Council
of said City of Elsinore a written acceptance of the terms and
conditions of such ordinance; and said franchise and privilege
shall be granted upon each of the conditions and proviSions here-
in contained and in consideration of the promise of the grantee,
or grantees, thereof to keep and observe each of such condit ions and
provi siems herein expressed to be kept and observed by him or them;
and in the acce'ptance ot said franchise the grantee or grantees
shall agree to keep and observe each of said conditions and provis-
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ions.
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Said franchise and privilege shall not be exclusive.
The successful bidder for such franchise and privilege
shall, within five days after such franchise and priVilege is a-
warded, file with the Oi ty Council of the City of. Elsinore, to be
approved by "moh eo.. Ul1e il, a bon~-=:". r.. ...~ .... ing _to sa. i." d.. !....1. ty. (!).0.t9. t ElS.. inor. e.
in the penal sum ot@4~L ~~~ ~p 1:)OLlARS
with at least two good and sufficient sureties,condittoned that
said successhl bidder shall well and truly observe, tulfill and
perfo~eaoh and eve.ry ter.m and condition of such franchise and
privilege, and that in case of any breach of condition of such bond,
the whole amount of the penal swn therein named shall be taken and
deemed to be liquidated damages and recoverable from the principal
and sureties upon said bond.
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1 'fhe negleo~1 t$.ilure or re:f.'u.sal on the part of said
2 grantee or grantees, IhiSI its or their S;U,ocessOrS or assigns, to
3 oomplywith, keep and observe the terms and conditions of said
4 franchise and privilege shall be a oause tor fortei ture of said
5 franchise and privilege.
6 IT IS FURTHER ORDERED that the Clerk of this Council
7 give notice of the Sale ot said franchise by publicat~on of a
8 notice ill the Elsinore &/?eok~. a~ew"paper
9 ot general publioation, printed and pu.blished in said City of
10 Elsinore, for the time and in the manner provided by law. Said
11 notice shall be given by said Clark and shall be in the following
12 fo rm, to-wi t:
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~~ ~efa~~0/~
~ --z.'Tb >~
Q?:~I'-/- > > J- JV~~
?pt:6J~~ ~fb:~~~ ~~7j:r.
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Nomtc:m OF:m~POsEJ) SALE .AND GRANT OF Fl.lANCllISE
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2 NO!IC$ IS 811:8I GIV.Ift{ ~t SouthenOa.H.forma Gas CClmp~ has
3 ._4Ppl$.oat$.oa to the (1:1.t1 O-.no11 ot t..e Sit1 of :&l"l%1.()re, Cou.nty of
4 IU.v~:r:lJ1~, Stat. Of Oa.11fClrXl1a, for a grant to it, its successors and a.ssigns,
5 ot a franch.l"ea.nd >>r1ri~e_~ he:rei. particuJ.ar~ descdoea.; that said Oi ty
6 C~011 propose, togt~t 8atd franchise an4 privilege in accordance with the
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7 11.\\\'$ Of the$tate 'gf'Oal:l.fe~a., 8aidt_be being particua.rly describe4
8 a. fOllows, "'fto;;"1d,1u
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9 A trlA.2l_1.. 8.1'14 !pr1 vi lege to lay,'c()llstruct, operate, maintain,
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10 us., repa,ir, replac. an4./or ~emove a system Of cGlnduits, mains and. pipelines,
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together Witb. such vtJ,.,.., f~tting. ~d otb.el' eq'Uipment as the grante.. or
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pantees, his, its or their ~oce",s'Ors or assigns, may deem neceslla17 o:r con...
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v(tnient, in, upon, 'W:l4er, al~ a.n:d.a,()ross the public I!Jtreetll and. highways in
lIh8O'ity otEls1Qre, O~tYlof River,stde, State Of Oaliforn1a.
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Together with the righ1;\1io oU17, transport, convey, conduct and
Q,1$1;r:f.;Qate gas .tn. ucl ~~isa.1.d8t8t.em Qf eoa4'Uitfil, mains andp1~e11n8S, 1n,
tbrou.gb.-Q..~~~.il:tl)l_lll1.$cJ.'lIrll.t._d ,.J,iJ.1...,..,
Sai4, :.f':r~s.e.ncl pri 1'11ege 8ha.ll eo~tin'\tEl for " te. ort twenty-
Itve (25) ,.e~. f~-~..:f'te%' the 48:1;. Ofg1'a.nti~ the sa.me.
NOlie. ~~.A.l.a~,Here'by Given that said franchise which 1 t 18 pro...
posed. to grant $haill begr_t.4 8'\tbJec.1I to the follOWing restr1ot1onlt
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~e gra.Jttee or pantees of sa14 franchise and privilege, his, its
or their suoeessors or a.ss1ps,. 81;.1.a.ll 1n good. faith oommenoe 'fork to 1&.1' Said
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,ystem of eondtL1ts, mai_ and: pipeUnes and to oonstI"U.ct the same within not
_1'8 lIhan f'our..tluJ from taegranting of filaid franohise and privilege and
shall thereafter dilj,gen1;,ly prQs.e.O'\tte .a.id work in good faith.
~ pipll11ue laid, located. or maintained under sa.id franchise and
priv11ege shall be 80 pl~.a a.s not to int.rfEtrs w1 th the use of sa,id public
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streets aacl hiBh"~8, b,. the .trave11J1g pabl1c or tor pu.bl1c purpo!J&S to ~
PI.tllt extent tl1a.n 1srelL$ion"bly necelu'a17. and 1n law1ng sa.id piplitl:f.ne the
grantee or gr_1H..S of sa.1li1"ranchises.nd privilege Sha.ll fill the tronoh and
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leave the surfaoe of the lI1sreet or highwq 1>>. as goocl Gonii tion as :t t wa.s
pr:tqr to exoa,,,.~ting for l.,.i~ said pip.lb., a.nll any pipeline laid or main.-
1;a.4.ne4 un4.r.a.1d ft'an.elU.... &11d pr1v1lege ahq,ll be laid, :I..oated ud maintained
:t~;oXl.t.onl:L 1;3 w11;h :tns1;not:tOXlS g:t ven by and to the satisfa.o1;ion of the City
Exlf:tnetll'or O:tU- CounC11of the City of EJ,suorea.nd the gra.nteeor grantees,
his, :ttsor the:tr "o<<>e.". or a,s.:t~s $h&J,1 ~old the C1ty of El.1nore harm-
less fro. all da.laa.ge re.uti:r1g from the lqing, use or operation. of said pipe-
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line.
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!he Cii;y Of Elsb.ore shall have the right to oh&nge the grade of
~lItre.t or h1gb.~ over whioh 1ihis franchise 1s granted, and. the grantee or
gra.ute.. ot 1a.1d fr~h18. ani priVilege, h1., i.-t. Or their SUco.e8801'$ 81"
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&...:1.,.. ab.all oh~e th8l0Ca.t1.. of IJ,J, pipeline. ud other a.pp].itmees la.:td
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here~1tt. confcu.'. to . ''a.Ch ch,a.nge of g.tI-a.4e.
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~__tee.r grN1.te... ot'~d ftanohise and priT111ege, b.~..." its
or t~.i:r #i!~ooes.ors or&'l.tps, J;Il1l't, ~~f.lS 1;he :u.te Of said fra.n.ehise and
pr1vileg$,p", to '.ila.~"Ci~lot Jl'~et County of RiverEli.de, in l~ lIU>n.ey
of the United States, two per oent of the gross annual 1'eceipts of .aid grantee
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or gr~tees, his, its or their su.eces"rs or a.signs, arisiXlg from the ~se.
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ope~ti.n or pos.I._ionot ..id franchise and ~rivilege. .0 percentage shall
'b.p$id fGr the first flve years su.eceedUl& th~ date of said franchise a.nd
Pt!:Lvilege, but thereafter noh percentage. Sh.a.1Jf be paya'ble ~lly; pd in the
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event saiel. payment i.. 11It ..ie sa.id fra.aChiae. ~d P1'i vilege sh.a..ll be forfei:ted.
The S'l"U1.tee or grate.. &f said f11anohise and privilege 'he.11,
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prior to ....r~:.y dqs ane, thepa.es&g$ of the ~rdiD.&Uce griUlt:Lrlg SMa. fraachise
and priVilege. tile with the Oity Council of S~id City Of lUsinore a written.
a.oc..ptu.ee of the terral. ad ooadi tioas of such ordinanoe; and. sa.id franchise
and priv:tlege Sb4ll be .pu,te4upon each of the cond:itiqns and provisions
h.erein c021tau,ed ud in co.'148I'&t10n of the.promise Of the grantee, 01'
grantees, thereof to kee;p iUld observe each of such. oonditions ~dP,.!Vision.s
here1n. eJtP1"e..ed to be!cept and 0 bserved 'by him or them; and in the acceptance 0
sa.id franohise the grutee or gra.nteess~ll agree to keep ant o'bserve each
of ,aid conditions and provisions.
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Said f7:anch1S& -.ad Pl"i vilege 8:h.all net be exclusive.
The. 8u.ce.s.~ bidder t~r $U8~ franchise ~d privilege shall,
dth1a. f'ive ~. _f'ter 'll4cl franehf,..,e.nd. p,ivilege 1s awarded, file with the
Qtv Ccm.nc1J. of tb.,Citi.t ll;l..ture, to be approved b1 such CQ'lUlcll, a bond
~ .aid OlCW.t...'-o. in.t... ~..... of ~ .
,~> ,~k~fI011.~. with at least two good and ...frid.nt ...rotio.,
coUJ,tioned that said sueceslfU.l bidder sh&J.l well and truly Observe, tu.l.f1l1
a. pertorm e~ and eveq tena and conti tton of such franchise and. pr1 vi lege ,
and that in case Of &1J7 breach ot condition of' such bond, the whole a.mou.nt of
the P8Ml aum therein !lM&d slul,ll be taken and deemed to be Uquid.ated da.znAges
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and l"ecoverable f'r011l the prinCipal &1'1(1 suretie. upon said bond.
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The neglect, t&il'liU'. or refusal. On the part o.f said. grantee or
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,grantees, his, its oZ' t_u- 8'P.Cces...... 01" assign., to complyrith. keep and
o~erve the t... _4e...~'t.~o.' .;f'ta.tfl fl:'a.n<nd..e. &.n<J. privilege .iuUl be iii.
Q.a.,UI!t tor to*,~. ot...~.~~1l.U. &nQ.....~1J:11ege.
N(l)...~$~.l8I GU'inl thAt sea1ea. bids, in writ1n&, will be
received a.t the ottto.ot said City O~il in the C1ty Hall in the City of
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lll.~. ~...~~~............ hl. if_. t.r....a14 fr."_.'. and p.ri'uose1lP
to 7~,P~t the .. ........... .:~ot~19.J tbt the bid.s re.oetved will be
oPCitXlecl at thattUie; tha:t all 'bU.. J'IIlUt be tor the :pe.yment of .. stated sum in
go;J.d coin of the United states; and. that the franchise will be struek off,
SOld and. ,w&rcied to the p$rsoa, firm or corporation, who shall make the highest
cash bid therefor, provided only that at the time of opem:ng said bids any
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rflspowsi'ble person. firra or oorporation, present Dr repreliJented;, may bid for
~~d ~a.nchise ~. n.m _t J.ess than ten per cent above the highest sealed bid
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1i_...t~;. and tb.a.t.S&:f.d btd,..u __ be raised llot less t~ ten percent
by arq other re"ponaible bidder, and said bidding may continue until finally
said. tra.:n.cb,ise and PtiVilege shall be struck Off', sold and aYl&rded by said
01t7 aOUcil to the highest bidder theretor, in gOld coin of the UnitedStateso
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Each see,J.,eci.bici must be accompanied wtth Cash or ce,..tif1ed checle,
p~able to the Cli;.y !x'ean.rer of the City of' Bls1nore tor the tlUl &mount of'
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satd. bid, and no seaJ.ed at-de sh&1l be considered. un1.es&J such cash or certified
eh.ck is enclosed therewi1U'lJ and the successtul bidder must deposit at least
tan. per cent of the &!a~' of' hil bid 1ti1U'l the ~l.erk: of said 01111' before said
~tilJl.chijJe or prlT~l~ge W11~ b~ struck: off to hi%ll and it he $~.l ta.il to make
SlW1ildEtpos111iJJa&cUateJ,y,his bid ...s.:U. not be1"eceived and will be considered
voit. Said. tl-a.tJ.Oll1se 1'111:1. then and th.ere ~ill be offered for sale to the
bi.dder 'WhO 'hall ru.ke the highest bid therefor, SUbject to the same eondi tions
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as to deposit as above mentioned. Said prGcedure will be had until said fran-
eMse &n4 privilege is struck: off, sold and awarded to eo bidder who sha.ll make
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the necessary depesi t of at least ten per cent of the amount of his bid., as
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herei:abe.fore provided. Said Sl1ccessfa.l. bidder Shall deposit with theC::f.ty
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Olerk of' the City ot!1l.$lUz'e, wi th1a twenV.tourhO'lU'saf'ter the acceptance of
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ll1.s bid, therem&$.D1D$ m.*,.ty per cent of the amount thereof', and in case he
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or .111 ta,11s to lito $0, tAp. the,plll deposit theretofore made will b.e forfeited,
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and the aWArd of said. ~ta.11cMi'iW111"be vo.1i, .M$1 .s.&1d. franChise Vd,:ll then and
vhere b7 said Cou.noil be.,_n offered, fOr sale to the h:Lghest b14der therefor,
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1;1 ~he $&me manner ud under the same restrictions as hereinbefore prOVided,
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and in Cl.Se aaid b1d4er tails t.o depostt with the Ci t1 Clerk the rema.inlng
.....t.., per cent of his bid wi~n twenty...four hours after 1ts acceptance, the
a~d to him o.t said traJa.Chise will be set aside, and the dep08i t th.eretofore
_de by him will be forfe::l.ted, &Ild no tw:>ther proceedings for the sale of sa.id
franeh1se and privilege Wi~l be had until the same shall be readvertised and
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aga:Ln Offered fo~ aale.
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::Bgorderof theOity OOlUlc:L.l of the 01ty of Elsinore, Oounty of
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RiVer.ide.
: ::d S2(/1c1--
Dated tals /1... .~ o:t ~' 1.928.
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G11;y 0
the (1i Council of the en ty of
Elsinore, Oounty of R1verside, state
of Californiao
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