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ORDINANCE NO. 799.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, GRANTING TO
SOUTHERN CALIFORNIA WATER COMPANY, A COR-
PORATION, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO LAY AND MAINTAIN A SYSTEM OF
WATER PIPES AND APPURTENANCES IN A CERTAIN
PORTION OF SAID CITY OF ARCADIA.
THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY
ORDAIN AS FOLLOWS:.
SEC'rION 1. The City of Arcadia hereby grants to South-
ern California Water Company, its successors and assigns, the
rights, privilege and franchise for a term of forty (40) years
from and after the date that this Ordinance shall take effect, to
lay, construct, maintain and operate a water pipe line, distribu-
tion and transmission pipes and service pipes, together with traps,
manholes and other necessary or proper appurtenances or appliances,
for the purpose of transporting and distributing water for domestic,
irrigation, commercial, industrial, fire prevention and fire fight-
ing, or other purposes, in, under, along and across any and all of
the public streets and thoroughfares now or hereafter existing dur-
ing the term of said franchise in that portion of said City of
Arcadia described as follows:
Beginning at the northwest corner of Tract No. 16091,
records in Book 358 at pages 1, 2, and 3 of Map Records
of Los Angeles County, thence in an easterly direction
along the northerly line of said Tract No. 16091 and its
easterly prolongation to its intersection with the east-
erly boundary line of the City of Arcadia, thence in a
southwesterly direction along the easterly boundary of
the city of Arcadia to its intersection with the easter-
ly boundary line of a 135 foot easement of the Los
Angeles Bounty Flood Control District (which is also the
easterly boundary line of Santa Anita Wash), thence in
a In:O'r'.t.h. e~r.:I8' direction along the easterly boundary
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line of the 135 foot easement of the Los Angeles
County Flood Control District, to the point of
beginning.
SECTlON 2. The Grantee of the aforesaid franchise, or
its successors or assigns, shall, during the term for which the
same is granted, pay to said City of Arcadia two per cent (2%) of
its or their gross annual receipts arising from the use, operation
or possession thereof; provided, however, that no payment shall be
made for or on account of such gross annual receipts arising during
any of the first five (5) years of said term. Within thirty (30)
days after the expiration of each year of the term of said fran-
chise with respect to which such two per cent (2%) of gross annual
receipts is payable, the Grantee of said franchise, or its successors
or assigns,' shall file with the Clerk of said City of Arcadia a
verified statement showing the gross annual receipts arising from
the use, operation and possession of said franchise during the
preceding twelve (12) months and within each such thirty (30) day
period shall pay to the Treasurer of said City two per cent (2%) of
said gross annual receipts for said preceding twelve (12) months, and
in the event that any such payment is not so made said franchise
shall be forfeited.
SECTlON 3. The owner of said franchise during the term
thereof shall diligently maintain and extend its said system in
good faith so as, pursuant to its rules and regulations and the
regulatory jurisdiction of the Public utilities Commission of the
state of California, to meet and fill the reasonable needs of said
City and its inhabitants for the service of water where requested
within the ar<Hl covered by said franchise.
~TlON 4. All such pipe lines, mains, traps, manholes,
or other appw~tenances or appliances constructed or placed in the
public s treetu or thoroughfares shall be originally located in such
place as shall be designated by or under the supervision of the
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City Engineer of said City of Arcadia. In the event that the
improvement of any such street or thoroughfare makes necessary the
relocation or change of grade of such pipe line, main, appurtenance
or appliance, the same shall be relocated at the expense of the
owner of said franchise.
~CTION 5. Said franchise shall not be exclusive.
~CTION 6. The Grantee of said franchise, or its success-
ors or assigns, shall at all times during the term of said franchise
keep on file with the Clerk of the City of Arcadia a bond in full
force and effect running to said City in the penal sum of $1,000,
in form satisfactory to the City Council of said City, with a cor-
porate surety, conditioned that said Grantee, or its successors
or assigns, shall well and duly observe and faithfully perform each
and every term and condition of said franchise and in the event a
breach is made of any such term or condition the whole amount of
said bond shall be forfeited to s aid City.
SECTION 7. The owner of said franchise shall have the
right to maintain, repair, a nd replace any and all such pipes,
mains, traps, manholes and other appurtenances or appliances as may
be necessary or proper from time to time. Such owner, at its own
cost and expense, immediately upon laying, replacing or repairing
any such pipes, mains, appurtenances or appliances, shall place
the streets or thoroughfares, or so much thereof as may be damaged
thereby, in as good order and condition as they were before being
disturbed or excavated for the purpose of such laying, replacing
or repairing.
SECTION 8. The City Clerk of said City shall certify
to the adoption of this Ordinance and pr'ior to the expiration of
fifteen (15) days from the passage thereof, shall cause the same
to be published once in the Arcadia BUlletin, a newspaper of general
circulation, published and circulated in the City of Arcadia.
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I HEREBY CERTIFY that the foregoing Ordinance was
adopted at a regular meeting of the City Council of the City of
Arcadia, held on the 21st day of March, 1950, by the affirmative
vote of at least three Councilmen, to wit:
AYES: Councilmen Boucher, Klomp, Nugent, Russell and Sullivan
NOES: None
ABSENT: None
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Ci ty Clerk of
SIGNED AND APPROVED THIS 21st day of March, 1950.
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Mayor of the City of Arcadia.
ATTEST:
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