Loading...
HomeMy Public PortalAboutOrdinance 7678/1/97 ORDINANCE NO. 767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT GRANTING TO ARCO PIPE LINE COMPANY, A DELAWARE CORPORATION, A FRANCHISE TO OPERATE AND MAINTAIN A PIPELINE FOR THE TRANSPORTATION OF OIL OR PRODUCTS THEREOF IN THE CITY OF BEAUMONT WHEREAS, on August 25 , 1997, the City Council of the City of Beaumont adopted Resolution No. 1997-26 setting forth the City's intention to grant a franchise under and pursuant to the provisions of Article 1 of Chapter 2 of Division 3 of the California Public Utilities Code, commencing at Section 6201, for certain purposes; and WHEREAS, pursuant to Resolution No. 1997-26, the City Council set the date of September 22 , 1997, at the hour of 6:00 p.m., as the time for public hearing for interested persons to voice any objections to the granting of the franchise to the ARCO Pipe Line Company, a Delaware corporation; and WHEREAS, heretofore, this Council conducted and concluded a duly -noticed public hearing on its intention to grant the said franchise and it is now the desire of this Council to grant the said franchise in accordance with the terms and conditions specified in this Ordinance; and WHEREAS, all legal prerequisites to the enactment of this Ordinance have occurred. NOW, THEREFORE, the City Council of the City of Beaumont does ordain as follows: Section 1: Definitions Whenever in this Ordinance the words or phrases set forth in this Section are used, they shall have the respective meanings ascribed to them in the following definitions: a. The word "Grantee" shall mean the ARCO Pipe Line Company, a Delaware corporation, and its lawful successors or assigns: b. The word "City" shall mean the City of Beaumont, a general law city, in its present incorporated form or in a later reorganized form; 1 of 12 c. The word "street" or "streets" shall mean the public streets, ways, alleys and places as the same may now or hereafter exist within the City; d. The words "Public Works Director" shall mean the Public Works Director of the City; e. The word "oil" shall mean oil or products thereof; f. The phrase "pipe and appurtenances" shall mean the Grantee's presently existing 16" pipe and associated valves, regulators, meters, vaults, vents and attachments located in or under the streets of the City and used or useful in the transmission and distribution of oil. g. The phrase "lay and use" shall mean to operate, maintain, use, repair, replace or remove the pipe and appurtenances. Section 2: Grant of Franchise The right, privilege and franchise, subject to each and all of the terms and conditions contained in this Ordinance and the provisions of the California Public Utilities Code, is hereby granted to Grantee to lay and use pipes and appurtenances for transmitting and distributing oil under and in the streets of the City as depicted in Exhibit "A" attached hereto and made a part hereof. Section 3: Term of Franchise The term of this franchise shall be for fifteen (15) years from and after the effective date hereof, unless: a. Shortened by being voluntarily surrendered or abandoned by the Grantee; b. The State of California or some municipal or other corporation thereto 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, for a state, municipal or public corporation, situated within the territorial limits of the state, municipal or public corporation purchasing or condemning such property; or c. This franchise is forfeited for non-compliance with its terms by Grantee. 2 of 12 Section 4: Franchise Fee a. Amount of Fee. As consideration for the franchise hereby granted, Grantee shall pay annually to the City in lawful money of the United States, within ninety (90) days after the end of each calendar year, an annual Franchise Fee computed as follows: Length of Pipe (in feet) x Base Rate Per Lineal Foot Where, "Length of Pipe" equals 250 feet. Where, "Base Rate Per Lineal Foot" equals $0.352 per foot. b. Computation of Payments. Such payments shall be computed from the effective date of this Ordinance, to and including the date of either actual removal of the facilities or the effective date of a properly -approved abandonment in place authorized by the City, and until Grantee has fully complied with all of the provisions of this Ordinance and of all other applicable provisions of law relative to such abandonment. All such payments shall be made to the City and shall be supported by Grantee's verified statement under penalty of perjury under the laws of the State of California concerning the computation thereof. With the said statement the Grantee shall pay to the City in lawful money of the United States, the aforesaid compensation. Any neglect, omission or refusal of the Grantee to file the verified statement or to pay the compensation at the time or in the manner herein provided which neglect, omission or refusal continues more than fifteen (15) days following notice thereof to the Grantee by the City, shall be grounds for the declaration of forfeiture of this franchise and all of the rights of Grantee hereunder. The City Clerk shall have the power and authority to reasonably dispute any verified statement and to require additional proof with respect to any matters set forth in the verified statement. Provided, however, that the amount of each annual payment shall be computed and revised each calendar year as follows: 3 of 12 (1) The Base Rate shall be multiplied by the Consumer Price Index for the area, as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, divided by the Consumer Price Index for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. (2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of a Consumer Price Index for the area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the Index of June 30, 1989, the City shall prescribe a rate of payment which shall, in its reasonable judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December, 1988. On this point, the determination by the City shall be final and conclusive. c. Renewal Fee. In consideration for the renewal of this franchise and to reimburse the City for its administrative expense in preparing and approving the franchise documents, the Grantee shall pay the City $2,500.00 within 30 days of the date the City Council approves this franchise. Section 5: Abandonment of Other Franchises This franchise is granted in lieu of all other franchises owned by the Grantee, or by any successor or assign of the Grantee to any rights under this Franchise, for transmitting or distributing oil 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 within the limits of the City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. Section 6: Acceptance of Franchise The franchise granted hereunder shall not become effective until written acceptance hereof is filed by the Grantee with the City Clerk within ten (10) days after publication of this Ordinance. When so filed, such acceptance shall constitute a 4 of 12 continuing agreement of Grantee that if and when the City shall thereafter annex or consolidate with additional territory, any and all franchise rights and franchise privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. Section 7: Compliance With the Law Grantee shall exercise the rights granted hereunder in accordance and in conformity with all applicable federal, state and local laws including, without limitation, the National Pollutant Discharge Elimination System (NPDES) and governing Air Quality Management District (AQMD) requirements, and all local ordinances, rules and regulations heretofore or hereafter adopted by the City Council of the City in the exercise of its police powers. Section 8: Damage to Property The Grantee shall pay to the City, on demand, the cost of all repairs to streets and other public property made necessary by any operations of the Grantee under this franchise including, without limitation, reasonable overhead expenses not to exceed thirty (30) percent. Section 9: Indemnification The Grantee shall indemnify, defend and hold the City and its elected officers, officials, agents and employees, when operating within the scope of their employment, free and harmless from all claims for damage for injuries to persons or property to the extent arising out of Grantee's negligence or Grantee's acts or those of Grantee's officers, agents or employees in connection with Grantee's operations under this franchise. Grantee shall be liable to City for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision of Article 4 of Chapter 2 of Division 3 of the Public Utilities Code of the State of California including, but not limited to, any amounts for attorneys fees, expert witnesses and court costs assessed by a court of competent jurisdiction. Section 10: Relocation The Grantee shall temporarily remove or relocate, at the request of the City and without expense to the City, any pipes and appurtenances installed, used and maintained under this Franchise if and when made necessary by any change of grade, alignment, 5 of 12 realignment or width of any street, the construction or change in alignment or grade of City substructures, including, but not limited to pipelines, cables, vaults and the construction of any subway or viaduct by the City; provided, however, that Grantee shall not be required to bear the expense of any removal or relocation made at the request of the City on behalf or for the benefit of any developer or other private party. Section 11: Notice of Transfer The Grantee shall file with the City Council of the City at least thirty (30) days prior to any sale, transfer, assignment or lease of this franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the same, certified thereto by Grantee or its duly authorized officers. Section 12: Emergencies The Grantee shall, at all times during the term of this franchise, maintain on a 24-hour a day basis, adequate emergency equipment and properly trained emergency crew within a radius of 40 miles from the pipe and appurtenances maintained pursuant to this franchise for the purpose of shutting off the pressure and the flow of the contents of such pipe and appurtenances in the event of an emergency resulting from an earthquake, act of war, civil disturbance, flood or other cause. Section 13: Repairs to Streets If any portion of any street or publicly -owned land or facility shall be damaged by reason or breaks or leaks in the pipe and/or appurtenances Grantee shall, at its own expense, immediately following written or oral notification thereof, repair any such damage and put such street, land or facilities in as good condition as it was in before such break or leak, to the satisfaction of the Director of Public Works, and so the useful life any street is not reduced. Section 14: Authority of Director of Public Works The Director of Public Works shall have the power to give the Grantee such directions for the location of any pipe and appurtenances as may be reasonably necessary in the opinion of the Director of Public Works to avoid sewers, pipes, conduits or other structures in or under the streets. Prior to commencement of any work on the pipe or appurtenances, Grantee shall file with the 6 of 12 Director of Public Works the plans, showing the location thereof, which shall be subject to the approval of the Director and the issuance of an encroachment permit by the City. Such construction shall be subject to the inspection of the Director and done to his satisfaction and in compliance with any and all federal, state and/or City rules, regulations, ordinances, standards and/or specifications. All street coverings or openings of traps, vaults and manholes shall at all times be kept flush with the surface of the street; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when such vents are located in parkways between the curb and the property line, subject to the prior approval of the Director. Upon completion of the work, the Grantee shall render a statement to the City, showing in detail the permit or permits issued and the total length of pipeline, the construction of which was authorized under such permit or permits, and the total length of pipeline actually laid. Section 15: As -Built Maps At all times during the term of this franchise, Grantee shall file and maintain with the City a map or maps in such form as may be required by the Director showing the accurate location and size of all its facilities then in place and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file a revised map or maps showing the location and size of all such additional and/or abandoned facilities as of that date. If cathodic protection is to be use for facilities installed or maintained pursuant to this franchise, a description of the protective devices shall be furnished to the Director which description shall show the location and types of anodes, including a description of the methods to be used as a protection against corrosion and electrolytic leakage. Section 16: Tunnelling Where it is necessary to lay any underground pipes in or under any portion of a paved street, the same, where practicable and economically reasonable, shall be done by a tunnel or bore, so as to not disturb the foundation of such paved street. In the event that the same cannot be done, such work shall be done under a permit to be granted by the Director of Public Works upon application thereof and subject to any and all City rules, regulations, ordinances, standards and/or specifications. 7 of 12 Section 17: Damage Repairs If any portion of any street shall be damaged by reason of defect in the pipe and appurtenances maintained or constructed under this franchise, or by reason of any other cause arising from the operation or existence of the pipe or appurtenances maintained under this franchise, the Grantee shall, at its sole cost and expense, immediately repair 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 Director of Public Works, and in accordance with any and all rules, regulations, ordinances, standards and/or specifications of the City. Section 18: Failure to Cure Default If the Grantee shall fail, neglect or refuse to comply with any of the provisions or conditions of this franchise and shall not, within 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 may declare this franchise forfeited and commence and/or complete any such work. Grantee shall be liable to the City for any and all costs and expenses incurred by the City in connection with any such work including, but not limited to, reasonable overhead expenses not to exceed thirty (30) percent. Section 19: Abandonment Upon expiration, revocation or termination of this franchise, or the permanent discontinuance of use of the pipe and appurtenances or any portion thereof, the Grantee shall, within twenty (20) days thereafter, make writtenapplication to the Director of Public Works for authority to either: a. Abandon all, or a portion of, such pipe and appurtenances in place; or b. Remove all, or a portion, of such pipe and appurtenances. Such application shall describe the location of the pipe and appurtenances desired to be abandoned or removed, and the relative physical condition of such pipe and appurtenances. The Director of Public Works shall determine whether such abandonment or 8 of 12 removal may be effected without detriment to the public interest and under what conditions and terms the proposed abandonment or removal may be safely effected and shall then notify the Grantee of such requirements. The Grantee shall, within ninety (90) days thereafter, either remove all or such portions of such pipe and appurtenances, as directed by the Director. If any pipe and appurtenances which are to be abandoned in place subject to prescribed conditions are not abandoned in accordance with all such conditions, the Director may make additional orders including, if desirable, an order that Grantee removal all such pipe and appurtenances in accordance with applicable requirements. In the event Grantee fails to remove any pipe and appurtenances in accordance with such applicable requirements, within the time prescribed by the Director, then the City may remove such pipe and appurtenances and the Grantee shall thereafter pay to the City the actual cost thereof, plus up to thirty (30) percent as and for the City's reasonable overhead expenses. Any decision of the Director with respect to conditions, interpretations of plans, specifications, rules, regulations and/or standards, shall be final. Section 20: Surety Bond The Grantee shall, within ten (10) days after publication of this ordinance, file with the City Clerk a corporate surety bond in the penal sum of $50,000.00 on condition that Grantee shall well and truly observe, fulfill and perform each and every term, condition and requirement of this franchise. In the event of any breach of any condition not timely cured under Section 18, the whole amount of the penal sum therein named shall be recoverable from the principal and sureties upon the bond. Section 21: Liability Insurance The Grantee shall, at its sole cost and expense, keep or cause to be kept in full force and effect, for the mutual benefit of the City and the Grantee, a comprehensive form of general public liability insurance against claims and liability for personal injury, death or property damage arising from the use, construction or maintenance of this franchise of at least $5,000,000.00 for bodily injury or death to any one person, at least five $5,000,000.00 for any one accident or occurrence, and at least $2,000,000.00 for property damage. 9 of 12 All insurance shall be carried only in responsible insurance companies licensed to do business in the State of California. All such policies shall contain language to the effect that: a. The insurer waives the right of subrogation against the City and against the City's agents and representatives; b. The policies are primary and noncontributing with any insurance that may be carried by the City; and c. They cannot be canceled or materially changed except after thirty (30) days notice by the insurer to the City. The Grantee shall furnish the City with copies of all such policies promptly upon receipt of them, or endorsements evidencing insurance. For commencement of the franchise, the Grantee shall furnish the City with binders representing all insurance required by this ordinance. The Grantee may effect for its own account any insurance not required under this ordinance. The Grantee shall deliver to the City, in a manner provided for notices, copies or endorsements of all insurance policies required by the Ordinance, together with evidence satisfactory to the City of payment required for procurement and maintenance of the policy, within the following time limits: a. For insurance required at the commencement of this Ordinance, within ten (10) days after this Ordinance becomes effective; b. For insurance becoming required at a later date, at least ten (10) days before the requirement takes effect, or as soon thereafter as the requirement, if new, takes effect; and c. Any renewal or replacement of a policy already in existence, at least twenty (20) days before the expiration or other termination of the existing policy. If the Grantee fails or refuses to procure or maintain insurance as required by this Ordinance, or fails or refuses to furnish the City with required proof that the insurance has been procured and if in force and paid for, the City shall have the right at the City's election and on ten (10) days notice, to declare this franchise forfeited. 10 of 12 Section 22: Hazardous Materials The Grantee hereby specifically waives any rights Grantee may have against the City with regard to the condition of the areas encompassed within this franchise including, but not limited to, soils, fill material, compaction, geologic constraints and faults. Grantee further agrees to defend, indemnify and hold harmless the City, and its elected officers, officials, agents and employees, when acting within the scope of their employment, from and against any and all claims, losses, liabilities, damages, demands, actions, judgments, causes of action, assessments, penalties, costs and expenses (including without limitation, the reasonable fees and disbursements of legal counsel, expert witnesses and accountants) and all foreseeable and unforeseeable consequential damages that arise or are asserted against the City to the extent that they are the result of a claimed violation by Grantee of any and all present and future federal, state and local laws (whether under common law, statute, rule, regulation or otherwise), including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Sections 9601 through 9657, inclusive, the Federal Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 through 6992, inclusive; 40 C.F.R. Part 260 through 271, inclusive, the California Hazardous Substance Account Act, California Health and Safety Code, Sections 25300 through 25395, inclusive, the California Hazardous Waste Control Act, Health and Safety Code, Section 25100 through 25249, inclusive, the Porter -Cologne Water Quality Control Act, California Water Code, Sections 13000 through 13999.16, inclusive, and the Underground Storage Tank Act, California Health and Safety Code, Sections 25280 through 25299.7, inclusive, all as the same may be amended from time to time, relating to the environment or to any hazardous substance, activity or material connected with the present or future condition of the areas encompassed within this franchise. This environmental indemnity shall survive the expiration or termination of this franchise as to Grantee's activities taking place or occurring on or about the areas encompassed within this franchise prior to such expiration or termination. Section 23: Notices Any notice required to be given under this franchise may be served as follows: Upon the City: City Manager City of Beaumont 550 East Sixth Street Beaumont, California 92223 Fax No.: 909-769-8525 11 of 12 Upon Grantee: Section 24: Severability ARCO Pipe Line Company Land and Right of Way Services Department 5900 Cherry Avenue Long Beach, California 90805 Fax No.: 310-428-9047 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 25: Effective Date This Ordinance shall take effect thirty (30) days after its adoption. Section 26: Certification and Publication The City Clerk shall certify to the passage and adoption of this Ordinance and within 15 days shall cause the same to be published in a newspaper of general circulation in the manner provided by law. 1997. PASSED APPROVED AND ADOPTED this 27th day of October YOR, CITY OF BEAUMONT ITY CLERK, TY BEAUM 12 of 12 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No # 409 LEGAL NOTICE STATE OF CALIFORNIA County of Riverside J ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. 1 am the principal clerk of the printer of The Daily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 9/12, all in the year 19 97 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date September 12, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp Notice is hereby given, that the Beaumont City Council will conduct a public hearing on Mon- day, September 22, 1997 at 6:00 p.m. in the City Council Chambers at City Hall, 550 E. 6th Street, - Beaumont, California, to consider the following item: Public Hearing: 1. Ordinance 767 — Renewal of ARCO Pipeline Company Franchise Agreement. 2. Ordinance 768 — Amendment of the Beaumont Municipal Code for Curfew for Minors. On public hearings the public may present tes- timony to the City Council either in person or by mail: Written comments will be ac- cepted until the night of the hearing. Dated: September 9, 1997. —s- Shelby Hanvey Shelby Hanvey Deputy City Clerk Publish The Record- Gazette No. 409 9-12, 1997 f21L of l3awnoizL 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8525 FAX (909) 769-8526 Legal Notice Notice is hereby given, that the Beaumont City Council will conduct a public hearing on Monday, September 22, 1997 at 6:00 p.m. in the City Council Chamber at City Hall, 550 E. 6th Street, Beaumont, California, to consider the the following item: Public Hearing: 1. Ordinance No. 767 - Renewal of ARCO Pipeline Company Franchise Agreement. 2. Ordinance 768 - Amendment of the Beaumont Municipal Code for Curfew for Minors. On public hearings the public may present testimony to the City Council either in person or by mail. Written comments will be accepted until the night of the hearing. Shelby Hanvey'I eputy Ci ' Clerk Dated: September 9, 1995 Published: Record Gazette, one time no later than September 12, 1997. Posted: Beaumont Cherry Valley Water District & Beaumont District Library IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No it 503 LEGAL NOTICE STATE OF CALIFORNIA County of Riverside SS. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Daily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 11/3, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Date November 3, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp Notice is hereby given, that the Beaumont City Council held a meeting on Monday, October 27,1997,at 6:00 p.m. in ithe o cftCham. ewers trt'ty:4 4160 '6th ,let, Beaumont, California. The follow- ing Ordinances were ap- proved at their second reading: Public Hearing: 1. Ordinance 767 — An Ordinance of the City Council of the City of Beaumont Granting to ARCO Pipeline Com- pany, A Delaware Cor- poration, A Franchise to Operate and Maintain a Pipeline for a Transporation of Oil or Products thereof in the City of Beaumont. 2. Ordinance 768 — An Ordinance of the City Council of the City of Beaumont, California, Amending the Beaumont Municipal Code for Curfew for Minors. The above Ordinances were approved by the following vote: AYES: Mayor Leja, Council Member Westcot, Council Mem- ber Berg, Council Mem- ber Zeller. , NOES: None. ABSTAIN: None. ABSENT:: Council Member Parrott. Dated: September 29, 1997. —s- Shelby Hanvey Shelby Hanvey Deputy City Clerk Publish The Record - Gazette No. 503 11-3, 1997 eil,9 of E.au.mon.t 550 East Sixth Street Beaumont, CA 92223 (909) 769-8520 FAX (909) 769-8525 FAX (909) 769-8526 Legal Notice Notice is hereby given, that the Beaumont City Council held a meeting on Monday, October 27, 1997 at 6:00 p.m. in the City Council Chamber at City Hall, 550 E. 6th Street, Beaumont, California. The following Ordinances were approved at their second reading: 1. Ordinance 767 -An Ordinance of the City Council of the City of Beaumont Granting to ARCO Pipeline Company, A Delaware Corporation, A Franchise to Operate and Maintain a Pipeline for a Transportation of Oil or Products thereof in the City of Beaumont. 2. Ordinance 768 - An Ordinance of the City Council of the City of Beaumont, California, Amending the Beaumont Municipal code for Curfew for Minors. The above Ordinances were approved by the following vote. AYES: Mayor Leja, Council Member Westcot, Council Member Berg, Council Member Zeller. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. Shelby Hanve,9, Deputy Ci Clerk Dated: September 29, 1997 Published: Record Gazette, one time no later than November 3, 1997. Posted: Beaumont Cherry Valley Water District & Beaumont District Library