Ordinance - 118Fi
ORDINANCE NO. ll ,f
AN ORDINANCE GRANTING TO SAN JOSE HILLS WATER COMPANY, A CORPS
• ORATION, TS SUCCESSORS OR ASSIGNS, THL RIGHT, PRIVILEGE AND
FRANCHISE TO CONSTRUCT, ESTABLISH, KAINTAIN AMID OPEitATE A SYS-
TEM OF paATMi WORKS FOR THE PURPOSE OF SUPPLYING A PORTION OF
THE CITY OF WEST COVINA AND ITS INHABITANTS ti1ITH FRESH, PURE
` `JaTER , FIT FOR DOMESTIC AND GENERAL PURPOSES.
The City Council of the City of vilest Covina do ordain
as follows:
SECTION 1: There is hereby granted to San Jose Hills
Water Co., its successors or assigns, the right, privilege and
franchise to construct, establish, maintain and pperate a system
of Water t;orks forthe purpose of supplying that portion of the
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City of ''dest Covina hereinafter described and its inhabitants
with a supply of fresh, pure water, fit for domestic and general
purposes, and the right of way through and across and in all of
the streets, sidewalks and other public places in said part of
said City in which said waterworks are to be established, which
are now or may hereafter be laid out or opened to public use, for
the purpose of excavating for laying down, maintaining and repair-
ing mains, pipes, branch pipes_.,.,hydrants and all other structures
and devices used to receive, store, provide, conduct and distri-
bute water throughout said territory in said City of `Vest Covina,
and to erect and maintain reservoirs, water towers, pump houses
and all other appliances necessary to or expedient for the proper
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operation of saifd works for the proper distribution of water thro-
ghout the portion of the said City of 61est Covina described and
bounded as follows, to -wit:
Commencing at Orange Ave., and the Southwest boundary
of the City of �,dest Covina; thence lb;ortheast along Orange
Ave., to its intersection with dalnut Creek wash; thende
East along �.,alnut Creek wash to its intersection with the
Easterly boundary of the City boundary line; thence Sout1e,
easterly along the Easterly boundary line of said City to
the Southeast corner of the City limits of West Covina;
thence Westerly along the Southerly boundary line of said
City to the point of beginning.
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and any additions thereto hereafter approved by the governing
body of said City of Idest Covina; so as to afford an adequate
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supply for domestic, public manufacturing, protection against
fire and other purposes, and also the franchise, right and priv-
ilege of welling and disposing of water and the use thereof to
a
the said City of 'Test Covina and the inhabitants thereof,.
SECTION 2: The term of the Franchise shall be for a
period of 50 years from and after its passage and publication.
SECTION 3: The aforesaid franchise is made and granted
subject to all the conditions, reservations and limitations now
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contained or hereafter to be adopted or enacted in the Consti-
tution and Laws of the State of California or in the Ordinance
of the City of Jest Covina pertaining to said subject matter and
upon the express conditions, limitations and provisions:
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rage 2.
FIRST: That all rates to be charged by said Grantee, San
Jose Hills Water Co., their heirs and assigns, to consumers in the
City of West Covina and to said City are subject to the rules and
laws governing such water companies as provided by the laws of the
State of California and the rules of the State Railroad Commission
and all powers in this respect not granted by the State to such
agency of the State are hereby reserved to the governing body of
the City of ;hest Covina.
SECOND: That the right is hereby reserved to said City of
West Covina by its proper legal authority, to regulate the mode and
manner of laying down, excavating for or repairing any and all con&
duits. pipes, mains, hydrants and other appliances within said City
and to make reasonable rules and regulations governing the opera-
tion of said Water Co. so.as to secure a sufficient supply and to
prevent the waste thereof, for which purpose the said City of Nest
Covina, by its proper legal governing body shall from time to time
enact and enforce proper.a nd reasonable ordinances protecting the
water works and property of said Grantee in the safe and unmolested
exercise of this franchise against fraud or imposition, against the
rights and privileges herein granted, or injury to the property of
said grantee, or waste of water by its consumers.
THIRD: That in laying down, maintaining, repairing or
operating such pipes, .mains, conduits, and appliances, the same
shall be done without unnecessary damage or injury to the paving,
mecadamizing or other surfacing or improvements or unnecessary inter-
ference with the constant public use of said street or other public
• place wherein the same may be laid, maintained or operated, or
private property adjacent or thereon.,
FOURTH: The authorities of said City of iVest Covina shall
at all times have the right to grade and improve, alter or repair
any and all portions of any and all streets, alleys or other public
places to build and construct, maintain and repair sewers, culverts
and drain pipes therein and to lay down pipes for.water or gas, over
and along the same and to manage and control the same in all respedts
as public -streets, alleys and places in the same manner and to the
same extent as if this franchise had not been granted.
FIFTH: That the Grantee herein shall within sixty (60)
days from and after the posting or publication of the ordinance ac-
cept the term and provisions thereof in writing and file such writ-
ten acceptance with the City Clerk, and shall, after five (5) years
from the granting of this franchise, pay annually to the City of
West Covina, a sum equal to 2% of the gross income of said Water
Company, derived from sale of water.in the City limits of West Covina
served by the Company.
SIXTH: It is distinctly understood and agreed that this
franchise is granted upon -each and all the terms, conditions and
limiatations and provisions herein contained and if the said Grantee,
its successors or assigns shall at any time fail in any respect or
• particular to comply fully therewith or with the ordinance, rules and
regulations that now exist or that hereafter may be adopted for thb
regulationsof said or any water system, then and in that event, all
the rights, franchises and privileges hereby granted shall thereby
be forfeited and this franchise and all rights and privileges
granted shall be absolutely null and void.
Page 3.
SECTION 3: Nothing herein contained shall be con-
strued -in any manner as granting an exclusive franchise. This
franchise and the rights and privileges herein granted are for a
term of fifty (50) years from and after the posting and passage
or publication of the ordinance subject to the terms, conditions,
limitations and provisions herein contained..
SECTION 4: This ordinance -shall be posted in 3 public
places in the City of 'Jest Covina and shall go into effect and be
in force one month after its final. passage and posting.
Finally passed this day of 1945.
Signed: �6,10
` Mayor
erk
I hereby certify that the foregoing ordinance was intro-
duced on the lf day of , 1945, and was passed by the City
Council and si ned by the mayor of said city and attested by me,
city clerk, all at a regular meeting of said Council, held on the
�- day of -, 1945, and that -the same was passed by the
fo lowing vote:
Ayes:
Noes:
Absent:
1
Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ss
CITY OF WEST COVINI 7}/
f
being first duly sworn, says:
that he is the ity clerk f the City of West Covina, and is a.�
21 that on the
citizen th1`J.S. d over the age of years;
3 Ordinance No. 114 of
day of 194y he posted copies of
_1_,
the City of Jest Covina, entitled 'BAN ORDINANCE GRANTING TO SAN
JOSE HILLS tIATER CONIYATdY, A CORPORATION, ITS SUCCESSCRS Oii ASSIGNS
THE RIGHT-_ PRIVILEGE A_Z FRANCHISE TC CONSTRUCT, ESTABLISH, MIAIN-
TAIN AND OPERATE A SYSTE&I OF rJATMi ti'JCRKS FOR THE PURPOSE OF SUPPLY-
ING A PORTION OF THE CITY OF NEST COVINA ANT) ITS INHABITANTS `��ITH
FRESH, PURE -DATER, FIT FO,� DOMESTIC GENERAL PUhPOSES," to -wit:
one in front of the 'Jest Covina School House, one at 1843 State
f
Highway, some being the place where the regular meeting of the City
Council is held and one at the 14.11. corner of Puente Street and
Lark Allen Blvd.
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SUBSCRIBED AND SIV' hN to before .me Cle k
this day of
hotaryI-ublic in and for the County
/,
of Los Angeles, State of California.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES as
CITY OF VEST COVINA
Carey S. Hall, City Clerk of the City of nest Covina,
hereby certifies that the foregoing ordinance was adopted by the
City Council of the City of West Covina at the regular meeting of
the City Council on the day of February, 1946, and signed by
the mayor of said City and that said ordinance Was adopted by the
following votes: .
AYES: . Batchelder, Daniels, Van horn
NOES: None
ABSENT: Eursh, Mossberg
STATE OF CALIFORNIA j
COUNTY OF LOS ANGELES ss =
CITY OF WEST COVINA )
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1 $C-It
arey S.; a er .
ram.
Carey S. Hall, being first duly sworn, deposes and says:
That he is the clerk of the City of West Covina and a citizen of
the United States and over the age of 21 years.
That on the day of February, 1946, he posted three
copies of Ordinance No. llfi of the City of West Covina, entitled,
t'AN ORDINANCE OF THE CITY 07 WEST COVI14A. AMENDING ORDINANCE NO.
101 ENTITLED i°AN ORDINANCE OF THE CITY OF WEST COVINA ORDERING THE
ESTABLISHh1ZNT OF A SET -BACK LINE ON THE STATE HIGHWAY AND OTHER
STREETS OF WEST COVINA" BY ADDING A NEW SECTION HERETO"TO BE NUPd
BERED 1j, in three public places in the said city, to -wit: one
at the police office, 361 West Garfey Blvd., one A front of the
west Covina School House and one at the Northwest corner of Puente
Street and Lark Ellen Blvd.
,/" Carey S.: Hall City C rk
SUBSCR;PgD AND SWORN to before me
this ay of Feb uar 1946
Notary Public in and for the Coun y
of Los Angeles, State of California.
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