Ordinance No. 376 - Southern California Water Company (Also known as Golden State Water)ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
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
THE CITY of ROSEMEAD.
The City,Council of the City of Rosemead, California
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,contempaated in'this ordinance
is granted and its lawful successors-or assigns;
(b) The word. "City," shall mean, the City of
Rosemead, a municipal corporation of the State of
California <t 1 j
,;_in it ts present ,incorporated,£orm or in
any later reorganized,. consolidated, enlarged or
reincorporated`form;~
(c) The word "streets" shall mean the public
streets, ways, alleys and.'places, except state free-
ways;•as the same now or may hereafter exist 'within
said City;
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Ordinance No. 3
(d) The phrase"pipes and appurtenances'.' shall
mean pipes, pipelines and distribution"
an
systems consisting of,ma ns 'distribution and
transmission pipes and other,properties.and facilities,
together with services, traps, manholes and other nec-
essary or appropriate appurtenances, for the, purpose
of'transmitting and distributing water.:'.
(e) The phrase "to use or to lay and use" shall'
mean to lay, construct, erect, install,,operate, main-
'tain, use, repair, replace, relocate or remove.
Section 2.'.The right, privilege and franchise, sub-
ject to,each and all of the terms and conditions contained in
this ordinance,' and pursuant to and upon the terms and condi-
tions 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, Grantee, 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,
a alleys' and places as they now exist or may hereafter'exist
within City.
Section 3. The term of this franchise shall be for
a period of twenty-five (25) years from and after its effec-
tive date or until,-with the consent,of the Public Utilities
Commission of the State of California, it is.voluntarily sur-
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Ordinance No. Sr6
•
rendered or abandoned by 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 pub-
lic corporation purchasing or condemning such property, or
until this franchise is forfeited for noncompliance with its
terms by the Grantee, whichever period shall be the lesser.
Section 4. For each full or fractional calendar
year of the life of this franchise, Grantee shall pay to 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 fran-
chise; provided, however, that such payment shall in no event
be less than one per cent (1%) of the gross annual receipts
of Grantee derived from the sale of water within the limits
of City.
Section 5. Grantee shall file with the Clerk of
City, within three (3) months.after the expiration of the
• calendar year, or fractionZ c' alendar year, following the
date of the granting,of tlis:;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 fractionai'year,' as the case
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Ordinance No. 3
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may be, the total gross receipts of Grantee arising from the
use, operation or possession of this franchise and the total
gross receipts of Grantee derived from the sale of water within
the City. 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 Grantee to file said verified statement, on to pay
said percentage, at the times or in the manner hereinbefore
provided, shall constitute grounds for the declaration of a
forfeiture of this franchise and of all rights of Grantee here-
under.
• Section 6. This grant is made in lieu of all other
franchises, rights, or privileges owned by Grantee to lay and
use pipes and appurtenances in the streets of City for trans-
mitting and distributing water and the acceptance of the fran-
chise hereby granted shall operate as (i) an abandonment
within the limits of City of 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 Grantee with the Clerk of City. When so
filed, such acceptance shall,constitute a,continuing agreement.
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of Grantee that if and when City shall thereafter annex or
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Ordinance No. •6 •
consolidate with, additional territory, any and all franchises,
rights and privileges owned by Grantee therein shall likewise
be deemed to be abandoned as to all streets within the limits
of such territory. .
Section 8. The franchise granted he.reunder.shall.
not' in any way or,,to.;any extent impair or affect the right,of
City to acquire the property of Grantee hereof'either-.by pur-
'chase 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 perpetu-
ity, City's right of eminent, domain in respect to Grantee or
any public utility; nor shall this franchise ever be given
any value before any court or'other public authority in any
• proceeding -ofIanycharacter 'or in, the event of-the purchase
by City of assets or property of Grantee, in excess of cost
to Grantee of the necessary publication and any other sum'
paid by it to City therefor at the time of acquisition.
Section 9. City.reserves the right to improve any
street or portion thereof over and.withi_n.the area :for which
said franchise is granted, including change of arade,'reloca-
tion'of right-of-way,. realignment of right-of-way, change in
• width, construction.or reconstruction.of any such,,street, or
any portion.thereof; including the construction of any subway
or viaduct by City.. '•T ithi:n thirty (30) days after receipt by
Grantee of a notice in'writing from City of the fact that work
is to be done, pursuant to any-.such reserved right'and specify-
.
ing the general nature of the work and the,,'area in which the
Ordinance No.6
same is to be.performed,,Grant'ee shall do all things necessary
to protect its franchise property during the progress,of such
work and. if ordered by,'the'Ci.ty 'ouncil'Grantee.shall 'discon-
nect, remove, or-relocate.its pipes,-and appurtenances within
i
the street 'to such extent, iin f ulch.;manner,,.,'and.for such period
v
as shall be necessary to permit the performance:oftsuch work
in an economical manner, and in accordance with generally
recognized engineering and constructbn methods,, and to permit
the maintenance, operation anduse of, the.street as..so improved.
All of such things.shall be.dorie'and the work shall be performed
by Grantee at its sole cost and expense. In the event that 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 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 appurtenances in or on the street area which
said bridge or other artificial support covers or underlies,
then Grantee shall pay to 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 Grantee, in exercising directly or indi-
rectly 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 Grantee, at its .
sole cost and expense.
Section 10. Grantee shall:
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Ordinance No. 3T76 4 •
(a) Construct, install., nd maintain all pipes. and
appurtenances in accordance',and inconformity with.all-of the
applicable ordinances and rules an regulations heretofore or
hereafter adopted by the City"Coun it in the exercise of its
police powers and not-in conflict. ith the paramount authority
of the State of California, and, a to State highways, subject
to the provisions of general laws
maintenance of such facilities th
installing and maintaining the pi
shall make and backfill all excav
ating to the location and
n; in.constructing,
and appurtenances Grantee
ns in such manner and way
as to leave the surface of the pub is street, alley, highway,
or public place in as good conditi n .as it was prior.to said
excavation, as well as to conform to the statutes of the State
• of California and the ordinances of City as they now exist or
may hereafter be amended with respect to the securing of per-
mits for excavations, filling and obstructions of City and
state highways;
(b) Pay to City, on demand, the cost of all repairs
to public property made necessary by any operations of Grantee
under this franchise;
(c) Indemnify and-hold harmless City and its officers
from any and all liability for damage proximately resulting from
any operations under this franchise,. and be liable to City for
all damages proximately resulting from the. failure of Grantee
well and faithfully to observe and perform each and every provi-
sion of this franchise and each and every.applicable provision
of Division 3, Chapter 2 of.the Public Utilities Code of the
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Ordinance No. 376
State of California;
.(d) Remove or relocate, without expense to 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 construction therein
or thereunder of any subway, viaduct, sewe'r'. storm drain, pipe-
line or other improvement, made by City. Th,is.franchise shall
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not constitute an agreement or undertaking,t'by City, nor impose
upon 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;wi,thin 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 thereto,by the Grantee or its duly authorized offi-
cers; and
(f) Promptly repair,, at the sole cost and expense
of Grantee and to the complete satisfaction. of City, any dam-
age to any street or public improvement caused directly or
• indirectly by Grante.e in exercising, directly or indirectly,
any right, power or privilege under this franchise or in per-
forming any duty under or pursuant to any of the provisions
of this franchise.
Section ll.. (a) If Grantee shall fail, neglect
or refuse to comply with any of the provisions or conditions
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Ordinance No. 6 •
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hereof, and shall not, within tern (10)'days after written
x
demand for compliance, begin the work oftcompliance, or after
such beginning shall-not prosecute the same with due diligence
to completion, then,,tHhe?,City Council may declare this fran
,
chise forfeited. (b) The City, may sue in its own name for the for-
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feiture of this franchise in the event'of noncompliance by '
Grantee, its successors or assigns,- with any of the conditions
hereof.
Section 12. Grantee shall pay to City a sum of
money sufficient to reimburse it for all publication and post-
ing expenses incurred by it in connection with the granting
of this franchise-, and such payment shall be a condition pre
• cedent to the vesting of the franchise in Grantee.,
Section 13. The.City Clerk shall certify to the
adoption of this ordinance, shall cause the same to be posted
in three public places within the City of Rosemead as now
established by ordinance at least once within fifteen
(15) -days after its final passage, and shall cause the same
to be published at least once within fifteen (15) days of its
final passage in the Mid Valley News, a newspaper of general
• circulation published nearest to the City of Rosemead. This,
.
ordinance shall take effect thirty (30) days after its final
passage, unless suspended by referendum petition filed as pro-
vided by law:
Section.14.,'No sale, transfer; assignment or lease
of this franchise, or any,part thereof, or of.any rights or
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Ordinance No. P 6
privileges granted thereby, shall be valid or effective until
the provisions of Sec. 10(e) hereof shall have been complied
with and the purchaser, transferee, assignee or lessee shall
have filed with the City Council of City its within assumption
of all obligations hereof in a form satisfactory to said City
Council.
Section 15. The franchise herein provided for shall
not become effective for any.purpose until Grantee shall file
a written•acceptance.of all terms and provisions hereof with
the City Clerk of City.
First read at a regular meeting of the City Council
of said
City on the 9th day of April
1974, and finally
adopted
and ordered pasted and publishe
d at a regular meeting
•
2
d
h
A
il
4
of said
3r
City Council,held on t
e
pr
,
day of
197
by the f
ollowing vote: .
AYES: Andersen; Pike, G.
Taylor, P. Taylor, Trujillo
NOES: None
ABSENT:' None'
r
x syor of the Ci Rosemead
-A vST:
'
City Clerk of the City of Rosemead
I hereby
certify that the foregoing is
a full, true and correct
copy of
Ordinance No. 376 which was
adopted at a regular
meeting
of the City Council of the City
of Rosemead held
April 23
1974.
City Clerk of the City of Rosemead
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