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HomeMy WebLinkAbout2150 ORDINANCE NO. 2150 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, PIPES, 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 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 ORDAIN AS FOLLOWS: Section I. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, it is intended that they shall have the respectiye 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 "Grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns. (b) The "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. 2150 I (c) The "Streets" shall mean the public streets, ways, alleys and places, except state freeways and highways, as the same now or may hereafter exist within the City in those certain portions of the City shown on the map in Exhibit "A" attached hereto and incorporated herein by reference. (d) The "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 or distributing water. (e) The "Lay and Use" shall mean to lay, construct, erect, install, operate, maintain, use, repair, replace, relocate or remove. (f) The "Franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, pennit, 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. 2150 2 Section 2. The right, priyilege 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 Diyision 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 tenn of this Franchise shall be from November 23, 200 I to and including November 22, 20 II. 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. It is yoluntarily 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. 2150 3 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 equiyalent 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 deriyed 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 yerified 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 aboye required percentage of its gross receipts for the calendar year, or fractional calendar year, coyered by said statement. Any neglect, omission or refusal by the Grantee to file such yerified statement, or to pay said percentage, at the times or in 2150 4 the manner hereinbefore provided, shall be grounds for the declaration of forfeiture ofthis Franchise and of all rights thereunder. Section 6. This grant is made in lieu of all other franchises, rights, or priyileges 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 thereunder annex or consolidate with additional territory, any and all franchises, rights and priyileges owned by the Grantee therein shall likewise be deemed to be abandoned as to all streets within the limits of such territory. 2150 5 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, remoye, 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 eyent that the cost thereof be increased in order to proyide for the installation, maintenance or operation of any such pipes or 2150 6 appurtenances in or on the street area which said bridge or other artificial support coyers 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 proyisions of this Franchise, shall be promptly repaired by the 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 proyisions 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 2150 7 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 hannless the City and its officers, officials, employees, agents and yolunteers 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 the Grantee well and faithfully to observe and perform each and every proyision of this Franchise and each and every applicable proyision of Division 3, Chapter 2 of the Public Utilities Code of the State of California. Nothing contained in the foregoing indemnity provision shall be construed to require the Grantee to indemnifY the City against any responsibility or liability as may 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 fonn, content and amount as approved by the Arcadia City Attorney. 2150 8 (d) remove or relocate, without expense to the City, any facilities installed, used and maintained under this Franchise if and when made necessary by any lawful change in 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 remoyal or relocation of any of the pipes and appurtenances when required in order to accommodate construction of any state freeway; proyided, however, that Grantee shall not be required to bear the expense of any remoyal or relocation made at the request of the City on behalf or for the benefit of any private deye]oper or other non-govenunental 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 priyileges granted thereby, written eyidence of the same, certified thereto by the Grantee or its duly authorized officers. (D 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 proyisions of this Franchise. 2150 9 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 II. 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 power 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 of its property 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 proyisions 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 eyent of non-compliance by the Grantee, its successors or assigns, with any of the conditions thereof. 2150 10 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. Section 14. This ordinance shall remain an uncodified ordinance of the City of Arcadia for the tenn of this Franchise. 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 an Arcadia newspaper of general circulation, which is printed, published and circulated in the City of Arcadia. Passed, approved and adopted this 2nd day of October , 2001. ATTEST: 6ty Clerk of the y of Arcadia '/ APPROVED AS TO FORM: ~()~ City Attorney 2150 I I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2150 was passed and adopted by the City Council ofthe City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of October, 200 I and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal NOES: None ABSENT: None J 12 2150 LEGEND _ SERVICE AREA WITHIN ~ CITY BOUNDARY I < I ~ ~ .oo". PUBLIC WORKS SERVICES DEPARTMENT EXHIBIT A