Ordinance No. 096 - Water and Telephone CompanyI
E
•
ORDINANCE NO. 9l
AN ORDINANCE OF THE CITY OF ROSEMEAD GRANTING
TO CALIFORNIA WATER AND TELEPHONE COMPANY A
CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE
TO LAY AND USE PIPES AND APPURTENANCES FOR
TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND
ALL PURPOSES UNDER, ALONG, ACROSS, OR UPON THE
PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE
SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID
MUNICIPALITY.
THE COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION ONE
Whenever in this ordinance the words or phrases hereinafter
in this section defined are used, they shall h-!ve 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;
0
b) The word "City" shall mean the City of Rosemead, a
municipal corporation of the State of California, in
its present incorporated form or in anylater reorganized,
consolidated or reincorporated form;
c) The word "streets" shall mean the public streets, ways,
alleys and places as the same now or may hereafter
exist within said City;
d) The word "Engineer" shall mean the City Engineer of
the City;
e) The phrase "Pipes and Appurtenances" shall mean any
pipe, pipeline, transmission main, distribution main,
service, meter, valve, pump, appurtenance, and any other
• property located or to be located in, upon, along, •
across, under or over the streets of the City, and
used or useful in transmitting and distributing water;
f) The phrase "lay and use" shall mean to lay, construct,
erect, install, operate, maintain, use, repair, replace,
or remove.
SECTION TWO
That the right, privilege and franchise, subject to each
and all of the terms and.conditions contained in this ordinance,
and pursuant to the provisions of Division 3, Chapter 2 of the
Public Utilities Code of the State of California, known as the
Franchise Act of 1937, be and the same is.hereby granted to
CALIFORNIA WATER & TELEPHONE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of
California, herein referred to as the "Grantee", to lay and
use pipes and appurtenances for transmitting and distributing
water for any and all purposes under, along, across or upon the
streets of the City, for an indeterminate term or period from
and after the effective date hereof, that is to say, this franchise
shall endure in full force and effect until the same shall,
with the consent of the Public Utilities Commission of the State
of California, be voluntarily surrendered or abandoned by its
possessor, or until the State of California 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 terri-
torial limits of the State, municipal or public corporation
purchasing or condemning such property, or until this franchise
shall be forfeited for non-compliance with its terms of the
possessor thereof.
SECTION THREE
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 said franchise; provided, however, that such pay-
ment shall in no event be less than one per cent (I%) of the
gross annual receipts of the Grantee derived from the sale of
water within the limits of the City under this franchise.
The Grantee of this franchise 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 grant of this franchise, and within three (3) months
after the expiration of each and every calendar year thereafter,
a duly verified statement showing in detail the total gross •
receipts of the Grantee, its successors or assigns, during the
preceding calendar year, or such fractional calendar year,
from the sale of the utility service within the City for which
this franchise is granted. It shall be the duty of the Grantee
to pay to the City within fifteen (15) days after the time for
filing such statement, in lawful money of the United States, the
specified percentage of its gross receipts for the calendar year,
or such fractional calendar year, covered by such statement,
Any neglect, omission or refusal by said Grantee to file such
verified statement, or to pay said percentage, at the times or
in the manner hereinbefore provided, shall be grounds for the
declaration of a forfeiture of this franchise and of all rights
thereunder.
SECTION FOUR
• This grant is made in lieu of all other franchises, rights,
or privileges owned by the Grantee, or by any successor of the
Grantee, to any rights under this franchise, for transmitting
and distributing water 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, rights and privileges within the limits of
this city, as such limits now or may hereafter exist, in lieu
of which this franchise is granted.
SECTION FIVE
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 all franchise
rights and privileges owned by the Grantee therein shall like-
wise be deemed to be abandoned within the limits of such
territory.
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SECTION SIX
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, eitherfor 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 charac-
ter in excess of the cost to the Grantee of the necessary public-
ation and any other sum paid by it to the City therefor at the
time of the acquisition thereof.
SECTION SEVEN
The Grantee of this franchise shall
a) construct, install and maintain all pipes and appurten-
ances in accordance with and in conformity with all of the
ordinances, rules and regulations heretofore or hereafter adopt-
ed by the legislative body of this City in the exercise of its
police powers and not in conflict with the paramount authority
of the State of California, and, as to state highways, subject
to the provisions of general laws relating to the location and
maintenance of such facilities; •
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 damages 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 provision
of Division 3, Chapter 2 of the Public Utilities Code of the
State of California; and
d) remove or relocate, without expense to
facilities installed, used and maintained under
if and when made necessary by any lawful change
ment or width of any public street, way, alley,
cluding the construction of any subway or viadu
and
the City, any
this franchise
of grade, align- •
or place, in-
:t by the City;
e) file with the legislative body of the City 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 thereto by the Grantee or its duly authorized officers.
SECTION EIGHT
The Engineer shall have power to give the grantee such
directions for the location of any pipes and a;^_purtenances as
may be reasonably necessary to avoid sewers, water pipes,
conduits or other structures lawfully in or under the streets;
and before the work of constructing any pipes and appurtenances
is commenced, the grantee shall file with said Engineer plans
showing the location thereof, which shall be subject to the
approval of said Engineer (such approval not to be unreasonably
withheld); and all such construction shall be subject to the
inspection of said Engineer and done to his reasonable satisfaction.
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All street coverings or openings of traps, vaults, and manholes
shall at all times be kept flush with the surface of the streets;
provided, however, that vents for underground traps, vaults, and
manholes may extend above the surface of the streets when said
vents are located in parkways, between the curb and the property
line.
Where it is necessary to lay any underground pipes through,
under or across any portion of a paved or macadamized street,
the same, where practicable and economically reasonable shall
be done by a tunnel or bore, so as not to disturb the foundation
of such paved or macadamized street; and in the event that the
same cannot be so done, such work shall be done under a permit
to be granted by the Engineer upon application therefor.
SECTION NINE
If any portion of any street shall be damaged by reason of
defects in any of the pipes and appurtenances maintained or
constructed under this grant, or by reason of any other cause
arising from the operation or existence of any pipes and appurten-
ances constructed or maintained under this grant, said Grantee
shall, at its own cost and expense, immediately repair any 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 Engineer,,and to his reasonable satisfaction.
0 SECTION TEN 0
a) If the Grantee of this franchise 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, by its legislative body, may declare
this franchise forfeited.
b) The City may sue in its own name for the forfeiture of
this franchise, in the event of non-compliance by the Grantee,
its successors or assigns, with any of the conditions thereof.
SECTION ELEVEN
• The Grantee of this franchise shall pay to the City a sum •
of money sufficient to reimburse it for all publication expenses
incurred by it in connection with the ranting of this franchise;
such payment to be made within thirty 730) days after the City
shall furnish such Grantee with a written statement of such
expenses.
SECTION TWELVE
The Grantee of this franchise shall file a bond running to
the City of Rosemead, to be approved by this City Council, in
the penal sum of One Thousand Dollars ($1,000.00), conditioned
that such Grantee shall well and truly observe, fulfill and perform
each and every term and condition of this franchise, and that in
case of any breach of condition of such bond, the whole amount of
'
such penal sum shall be deemed to be liquidated damages and shall
be recoverable from the principal and sureties upon said bond.
SECTION THIRTEEN
Not later than thirty (30) days after the publication of
this ordinance, the Grantee shall file with the City Clerk a
written acceptance of the franchise hereby granted, and an
agreement to comply with the terms and conditions hereof.
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SECTION FOURTEEN
The City Clerk shall certify to the adoption of this
ordinance and shall cause the same to be published once in the
Rosemead Review.
PASSED, APPROVED AND ADOPTED thisa,~;.',day 1962•
F THE CITY OF ROSE D
MAYO iC PR O T£H
ATTEST:
CITY CLERK
I, MILTON R. FARRELL, City Clerk of the City of Rosemead, do
hereby certify that the foregoing ordinance being Ordinance
No. 96, was adopted by the City Council of the City of Rosemead
on the day of 1962, by the following vote:
• AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
CITY CLERK