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ORDINANCE NO. 1955
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 TRANSMITTING 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 CITY OF ARCADIA.
The City council of the City of Arcadia' 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)p;
(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, 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"
erect, install, operate, maintain,
or remove.
shall mean to lay, construct,
use, repair, replace, relocate
,
(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,
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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
Article XIII, Franchises, section 1300 through 1303 of the
Arcadia city Charter, 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 22. 1991to November 22, 1996 ,that is to say, this franchise
shall endure in full force and effect until, with 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
situated within the territorial limits of the State, municipal,
or public corporation purchasing or condemning such property, or
until this franchise is forfeited for non-compliance 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.
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
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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 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
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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 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;
(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 Article XIII, Franchises, section
1300 through 1303 of the Arcadia City Charter.
(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
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therein or thereunder of any subway, viaduct, sewer, storm drain,
pipeline o~ 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 requi~ed in order to accommodate construction of any state
freeway; p~ovided, 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 provisions of
this franchise.
Section 10. 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 to 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 11. The grantee shall obtain an excavation
permit, and pay the standard and generally applicable fee
therefor, before commencing any excavation in the pUblic right-
of-way. The grantee shall file a set of excavation plans with
the City Engineer which shall be subject to his or her review.
In the event of an emergency threatening the life, health,
safety, or property, where it is not possible to obtain an
excavation permit prior to commencement of the work, the grantee
may commence such work provided that with-in seventy-two (72)
hours thereafter the grantee shall make application to the City
Engineer for an excavation permit in accordance with the
foregoing procedures.
Section 12. the grantee shall provide the City of
Arcadia with Evidence of Broad Form comprehensive general public
liability and property damage insurance with a carrier authorized
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by the Insurance Commission to transact the business of insurance
in the state of California to a combined single limit of
$1,000,000 covering the obligations or operation of the grantee
conducted pursuant to this franchise in which the City of
Arcadia, its officers, and employees shall be named additional
insured.
section 13. (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 14. 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 15. 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.
section 16. 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.
section 17. The City Clerk shall certify to the
adoption of this Ordinance.
First read at a regular meeting of the City Council of
said city held on the 8th day of October ,
1991, and finally adopted and ordered posted at a regular meeting
of said city Council held on the 22nd day of October
1991 by the following vote:
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AYES: council Member Ciraulo. Faschinq. Harbicht. Younq
and Gil b
council Member
NOES: Council Member None
council Member
ATTEST:
~J
ci Clerk of' th
Arcadia
I hereby certify that the foregoing is a full, true, and correct
copy of Ordinance No. 1955 .
Approved by city Council October 22. 1991
~. ,d)J ~~
ci Clerk \
1955