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ORDINANCE NO. 2063
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING TO SOUTHERN
CALIFORNIA WATER COMPANY, ITS SUCCESSORS AND
ASSIGNS, A FRANCHISE TO LAY AND USE, FOR
TRANSMITIING AND DISTRIBUTING WATER FOR ANY
AND ALL PURPOSES, PIPELINES AND OTHER FACILITIES
IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC
STREETS, WAYS, ALLEYS AND PLACES WITHIN THE
SOUTHEASTERN AND EASTERN PORTIONS OF THE CITY
OF ARCADIA (PER ARTICLE XIII OF ARCADIA CITY
CHARTER)
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY FIND,
DETERMINE AND 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 Arcadia, 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 Word "Streets" shall mean the public streets, ways, alleys and places,
except state freeways and highways, as the same now or may hereafter exist within said
City.
(d) The Phrase "Pipes and Appurtenances" shall mean pipes, pipelines and
distribution and transmission systems consisting 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.
(e) The Phrase "Lay and Use" shall mean to lay, construct, erect, install,
operate, maintain, use, repair, replace, relocate or remove.
(f) The Word "Franchise" shall mean and include any authorization granted
hereunder in terms of a franchise, privilege, permit, license or otherwise 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 in the City, and
shall include and be in lieu of any existing or future City requirement to obtain a license
or permit for the privilege of transacting and carrying on a business within the City.
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,
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 lay and use pipes and appurtenances for transmitting and distributing water
for any and all purposes, under, along, across or upon the streets.
Section 3. The term of this franchise shall be from November 23, 1996 to
November 23, 2001. During the term hereof, this franchise shall endure in full force and
effect until, with the consent of the Public Utilities Commission of the State of California,
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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 situated 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 percent (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 percent (1 %) of
the gross annual receipts of the Grantee derived from the sale of water within the limits 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
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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 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 6. This grant is made in lieu of all other franchises, rights, or privileges
that have been granted by the State or some municipal or public corporation now owned
by the Grantee to lay and use pipes and appurtenances in the streets of the City for
transmitting and distributing water and the acceptance of the franchise hereby granted
shall operate as (i) an abandonment within the limits of the City of all such other
franchises, rights and privileges that have been granted by the State or some municipal
or public corporation 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 all 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 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 ninety (90) days after
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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 an economical manner, and in accordance with
the general recognized engineering and construction methods, and to permit the
maintenance, operation and use of such public improvement 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 appurtenances in or on 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 9. The Grantee of this franchise shall:
(a) construct, install and maintain all pipes and appurtenances in accordance
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and in conformity with all of the applicable ordinances, rules and regulations heretofore
or hereafter adopted by the City Council in the exercise of its police powers and not in
conflict with the 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
therein; in constructing, 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 a 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 Arcadia as they now exist or may hereafter be amended with
respect to the securing of permits for excavations filling and obstructions of City and State
highways. In case of public utilities subject to the jurisdiction of the Public Utilities
Commission of the State of California, the rules, regulations and orders of the Public
Utilities Commission shall govern whenever any conflict may exist between them and the
ordinances, codes, rules and regulations adopted or prescribed by the City.
(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. Nothing contained in the foregoing indemnity provisions shall be construed
to require the Grantee to indemnify the City against any responsibility or liability as may
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be caused by the sole negligence or willful misconduct of City or its officers, agents,
employees or independent contractors. Grantee shall maintain general liability insurance
for personal injury and property damage, naming the City of Arcadia as an additional
insured. This insurance shall be in a form, content and amount as approved by the
Arcadia City Attorney.
(d) remove or relocate, without expense to the City and facilities installed, used
and maintained under this franchise if and when made necessary by any lawful change or
grade, alignment or width of any street, or the construction therein 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; 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 private developer or other non-governmental third party.
(e) file with the City Council within ninety (90) 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; 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
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provisions of this franchise.
Section 10. Relocation of pipelines, appurtenances and facilities - State highway
or freeway restrictions. Nothing in this franchise shall require the Grantee to relocate its
pipelines, appurtenances and facilities in a State highway or freeway to any greater extent
than otherwise obliged to do, by State law, if at all.
Section 11. The franchise granted hereunder shall not in any way 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 value
before any court or other public authority in any proceeding of any character.
Section 12. (a) If the Grantee shall fail, neglect or refuse to comply with any
of the provisions or conditions hereof, and shall not, within ninety (90) 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 non-compliance by the Grantee, its successors or assigns, with any of the
conditions thereof.
Section 13. 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 ninety (90) days after the City
shall furnish such Grantee with a written statement of such expenses.
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Section 14. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published at least once in the Arcadia newspaper of general
circulation, which is printed, published and circulated in the City of Arcadia.
Passed approved and adopted this 21st day of January , 1997.
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A TIEST:
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APPROVED_ASTO FORM:
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ty Att rney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF ARCADIA )
I, June Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing
Ordinance No. 2063 was passed and adopted by the City Council of the City of Arcadia,
signed by the Mayor and attested to by the City Clerk at regular meeting of said Council
held on the 21 day of January
,1997, and that said Resolution was adopted by the
following vote, to wit:
AYES:
NOES
ABSENT:
Counci1member Chang, Harbicht, Kovacic, Young and Kuhn
None
None
,J)
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