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HomeMy Public PortalAboutOrdinance 69-294ORDINANCE NO. 69 -294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE OR TO LAY AND USE PIPES, DITCHES, FLUMES, CONDUITS AND APPURTENANCES, FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES, IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES AS THEY NOW EXIST OR MAY HEREAFTER EXIST WITHIN A DESIGNATED FRANCHISE AREA OF THE CITY OF TEMPLE CITY The City Council of the City of Temple City does ordain as follows: Section 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, it is intended that 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 franchise contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Temple City, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The phrase "franchised area" shall mean that portion of Temple City set forth on the map attached hereto and by this reference incorporated herein; (d) The word "streets" shall mean the public streets, ways, alleys and places, except state freeways, as the same now or may hereafter exist within the franchised area of said City; (e) The phrase "pipes and appurtenances" shall mean pipes, pipelines and distribution and transmission systems con- sisting of mains, distribution and transmission pipes and other properties and facilities, together with services, traps, manholes and other necessary or appropriate appurtenances, for the purpose of transmitting and distributing water. (f) The phrase "use or lay and use" shall mean to lay, con- struct, erect, install, operate, maintain, use, repair, replace, relocate or remove. Section 2. The right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to and upon the terms and conditions of Division 3, Chapter 2 of the Public Utilities Code of the State of California (the "Franchise Act of 1937 "), be and the same is hereby granted to SOUTHERN CALIFORNIA WATER COMPANY, a corporation organized and existing under and by virtue of the laws of the State of California, to use or to lay and use pipes, ditches, flumes, conduits and appurtenances for transmitting and distributing water for any and all purposes, in, along, across, upon and under the public streets, ways, alleys and places as they now exist or may hereafter exist within the franchised area of the City. Section 3. The term of this franchise shall be for a fifteen - year period from and after its effective date, that is to say, this franchise shall endure in full force and effect for said term, or with Ordinance No. 69 -294 - Page 2 the consent of the Public Utilities Commission of the State of California, it is voluntarily surrendered or abandoned by the Grantee, or until the State or some municipal or public corporation thereunto 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 is forfeited for noncompliance with its terms by the Grantee. Section 4. For each full or fractional calendar year of the life of this franchise, 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 this 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 water within the limits of the franchised area of the City. Section 5. The Grantee shall file with the Clerk of the City, 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 subsequent calendar year or fraction thereof during which this franchise is in effect, a verified statement showing in detail for the term of the franchise in such calendar or fractional year, as the case may be, the total gross receipts of the Grantee arising from the use, operation or possession of this franchise and the total gross receipts of the Grantee derived from the sale of water within the City. The Grantee shall pay to the City within fifteen (15) days after the time for filing said statement", in lawful money of the United States, the above required percentage of, its gross receipts for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by said Grantee to file said verified statement, or to pay said percentage, at the times or in the manner hereinbefore pro- vided, shall constitute grounds for the declaration of a forfeiture of this franchise and all rights of Grantee hereunder. Section 6. This grant is made in lieu of all other franchises, rights, or privileges owned by the Grantee to lay and use pipes and appurtenances in the streets of the City for transmitting and dis- tributing water and the acceptance of the franchise hereby granted shall operate as (i) an abandonment within the limits of the City for all such other franchises, rights and privileges in lieu of which this franchise is granted, and (ii) an agreement to comply with the terms and conditions hereof. Section 7. 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 al l franchises, rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned as to all streets within the limits of such territory. Section 8. 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 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 public 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 of the Grantee of the necessary publication and any other sum paid by it to the City therefor at the time of the acquisition thereof. Ordinance No. 69 -294 - Page 3 Section 9. The City reserves the right to improve any street or portion thereof over and within the area for which said franchise is granted, including the change of grade, relocation of right -of- way, realignment of right -of -way, change in width, construction or reconstruction of any such street, or any portion thereof. Within thirty (30) days after receipt by Grantee of a notice in writing from the City of the fact that work is to be done pursuant to any such reserved right and specifying the general nature of the work and the area in which the same is to be performed, the Grantee shall do all things necessary to protect its franchise property during the progress of such work, and if ordered by the City Council the Grantee shall disconnect, remove or relocate its pipes and appurtenances within the street to such extent, in such manner, and for such period as shall be necessary to permit the performance of such work in accordance with generally recognized engineering and construction methods, and to permit the maintenance, operation and use of the street as so improved. All of such things shall be done and the work shall be performed by the Grantee at its sole cost and expense. In the event that the City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any street in which any pipes or appurtenances of the Grantee are located, and in the event that the cost thereof be increased in order to provide for the installation, maintenance or operation of any such pipes or appurteancnes in or in the street area which said bridge or other artificial support covers or underlies, then the Grantee shall pay to the City the full amount of such increase of cost, upon completion of such construction, installation or repair. Any damage done directly or indirectly to any such public improvement by the Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this franchise, shall be promptly repaired by said Grantee, at its sole cost and expense. Section 10. The Grantee of this franchise shall: (a) construct, install and maintain all pipes and appurten- ances in accordance and in conformity with all of the applicable valid ordinances and rules and regulations heretofore or hereafter adopted by the City Council in the exercise of its police powers and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein; in con- structing, installing and maintaining the pipes and appurtenances the Grantee shall make and backfill all excavations in such manner and way as to leave the surface of the public street, alley, highway, or public place in as good condition as it was prior to said excavation, as well as to conform to the statutes of the State of California and the ordinances of the City of Temple City as they now exist or may hereafter be amended with respect to the securing of permits for excavations, filling and obstructions of the city and state highways; (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 damage proximately resulting from any operations under this franchise, and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this franchise and each and every applicable provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Ordinance No. 69 -294 - Page 4 (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 street, or the con- struction herein or thereunder of any subway, viaduct, sewer, storm drain, pipeline or other improvement, made by the City. This franchise shall not constitute an agreement or undertaking by the City, nor impose upon the City any obligation, to pay any part of the costs of removal or relocation of any of the pipes and appurtenances when required in order to accommodate construction of any state freeway; (e) file with the City Council within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified hereto by the Grantee or its duly authorized officers, provided that the foregoing provisions of this subparagraph shall not apply to any mortgages, transfer in trust, or other hypothecation, to secure an indebtedness of the Grantee; and (f) promptly repair, at the sole cost and expense of the Grantee and to the complete satisfaction of the City, any damage to any street or public improvement caused directly or indirectly by the Grantee in exercising, directly or indirectly, any right, power or privilege under this franchise or in performing any duty under or pursuant to any of the provisions of this franchise. (g) The Grantee shall have the right, during the term of period covered by the franchise and subject to the terms thereof, to make service connections with all property adjoining said highways or any of them, and to furnish and distribute water through said pipes and pipelines to all the incorporated territory within the franchised area adjacent to said pipelines for any purpose. (h) All new.pipel ines, replacements, and extension for domestic water service shall be constructed, laid, and designed according to plans approved by the Director of Public Works. The Director of Public Works shall approve such plans if the pipelines to be laid, extended, or replaced are so designed in conjunction with existing facilities, and the location of fire hydrants, comply or will comply in the future with required domestic demands and fire flows indicated by the American Insurance Association. (i) The City Council may grant an exception to the require- ments of Subsection (h) where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of Subsection (h) and in the granting of such exception the spirit of Subsection (h) will be observed, public safety secured, and substantial justice done. (j) As further consideration for the granting of the franchise the Grantee agrees, cat the request;tof cthe C,i ty of Temple City, to install, at no cost to the City, fire hydrants at such places along the Grantee's water mains as may be designated by the Director of Public Works. Ordinance No. 69 -294 - Page 5 Section 11. (a) If the Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written 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 Council may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions hereof. Section 12. The Grantee shall pay to the City a sum of money sufficient to reimburse it for all publication and posting expenses incurred by it in connection with the granting 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 13. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor, and shall cause the same to be published in the Temple City Times, a newspeper of general circulation, published and circulated in the City of Temple City. 1969. PASSED, APPROVED and ADOPTED this 21st day of October, 6264/,,A., Mayor of the City of Temple City, California ATTEST: I, Karl L. Koski, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, being Ordinance No. 69 -294, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 7th day of October, 1969, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the City Council held on the 21st day of October, 1969, by the following vote: AYES: Councilmen- Beckley, Briggs, Merritt, Tyrell, Harker NOES: Councilmen- None ABSENT: Councilmen- None