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