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HomeMy WebLinkAbout0799 .- -..,'\ , - 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 1. 'Jo:DCl<"~ o~ '77'7' .....---- 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 2. aJ 7f?)7 ~ 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. 3. O/LJ.7'7}? 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 / Ci ty Clerk of SIGNED AND APPROVED THIS 21st day of March, 1950. ~~. 'L- Mayor of the City of Arcadia. ATTEST: /f: L ~ City Clwk. od 79)7