Ordinance - 126I •
tJ
ORDINANCE No. . io
AN ORDINANCE GRAKTING TO RUSKIN T. GARDNER UNDER THE FIRM NAME OF
• SUNKIST WATER COMPANY, ITS SUCCESSORS OR ASSIGNS, THE RIGHT, PRIV-
ILEGE AND FRANCHISE TO CONSTRUCT, ESTABLISH, MAINTAIN AND OPERATE
A SYSTEM OF WATER WORKS FOR THE PURPOSE OF SUPPLYING A PORTION OF
THE CITY OF WEST COVINA AND ITS INHABITANTS WITH FRESH, PURE WATER
FIT FOR DOMESTIC AND GENERAL PURPOSES.
The City Council of the City of Vilest Covina do ordain
as follows:
SECTION I: There is hereby granted to Ruskin T. Gardner,
under the Firm name of Sunkist Water Company, hereinafter referred
to as Sunkist Water Company, its successors or assigns, the right,
privilege and franchise to construct, establish, maintain and oper-
ate a system of Water Works for the purpose of supplying that por-
tion of the City of West Covina, hereinafter described, and its inhab-
itants 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 distribute
water throughout said territory in said City of West Covina, and to
Erect and maintain reservoirs, water towers, pump houses and all
other appliances necessary to or expedient for the proper operation
of said works for the proper distribution of water throughout the
•
portion of the said City of WeSt Covina described and bounded as
follows, to -wit:
Beginning at a point in the most Southwesterly corner of
the City limits of West Covina, thence in a Northeasterly
direction along the Westerly City limits line to a point
approximately 800 feet Northeasterly of Pacific Avenue,
thence in an Easterly direction approximately 800 feet,
thence in a Southerly direction 1500 feet to the inter-
section of Pacific Avenue and Pacif is Lane, thence along
Pacific Avenue in a.Southeasterly direction for approxi-
mately 1200 feet to the intersection of Pacific Avenue
with Orange Avenue and Garvey Boulevard, thence in an East-
erly direction along Garvey Boulevard to the intersection
of Garvey Boulevard and Glendora Avenge, thence in a South-
westerly direction along Glendora Avenue for a distance of
approximately 2000 feet to the intersection of Glendora
Avenue and Walnut Creek wash, thence in a Westerly direc-
tion along Walnut Creek for a distance of approximately
2500 feet to a mid -point between California Avenue and
Sunset Avenue, thence in a Southwesterly direction along
a line midway between and parallel to Sunset and California
Avenues for a distance of approximately 6000 feet to the
Southerly City limits line of West Covina, thence in a North-
easterly direction along the Southerly said City Limits line
to the point of beginning.
and any additions thereto hereafter approved by the governing
body of said City of West Covina; so as to afford an adequate
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
the said City of West 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 grant-
ed subject to all the conditions, reservations and limitations
now contained or hereafter to be adopted or enacted in the Con-
stitution and Laws of the State of California or in the Ordinance
of the City of West Covina pertaining to said subject matter and
upon the express conditions, limitations and provisions:
FIRST: That all rates to be charged by said Grantee,
SUNKIST WATER COMPANY, their heirs and assigns, to consumers in
the City of Test 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 West 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 conduits, pipes, mains, hydrants and other appli-
ances within said City and to make reasonable miles and regula-
tions governing the operation of said Water Co. so as to secure
a sufficient supply and to prevent the waste thereof, for which
purpose the said City of West Covina, by its proper legal gov=
erning body hall Prom time to time enact and enforce proper
and reasonable ordinances protecting the water works aftd pro-
perty of said Grantee in the safe and unmolested exercise of
this franchise against fraud or imposition, against the rights
and privileged 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 un-
necessary interference 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 br thereon.
FOURTH: The authorities of said City of West 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 wa�er or gas, over and along the same and to manage and
Qontrol the same in all respects as public streets, alleys and
p1a.0es in the same manner and to the same extent as if this
franchise had not been granted.
.0
I
3
to
FIFTH: That the Grantee herein shall within sixty
(60) days from and after the posting or publication of the or-
dinance accept the term and provisions thereof in writing and
file such written acceptance with the City Clerk, and shall,
after five ( 5 ) years-"trom 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, condi-
tions and limitations 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 re&.Iations that now exist or
that hereafter may be adopted for the regulation of said or
any water system, then and in that event, all the rights,
franchises and privileges hereby granted shall thereby be for-
feited and this franchise and all rights and privileges granted
shall be absolutely null and void.
SECTION 4: 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 pass-
age or publication of the ordinance subject to the terms, con-
ditions, limitations and provisions herein contained.
SECTION 15: This ordinance shall be posted in 3 public
places in the City of 'West Covina and shall go into effect and
be in force one month after its final passage and posting.
Finally passed this -� le - day of doh` 1946.
Signed:
Ma dr of City of�Wes` t Cov iia
y � _9
I hereby Fortify tt ,the
troduced on the da of e,Y�
City Council and digned by the mayor
by me, city' clerk, 1 t a regular
on the day of 9 1946, and
the fol owing vote:
AYES: QAf,-,c4a4aE2,
NOES: Nf ^rc-
ABSENT : DA.i , F.. s
esti L;ov
foreg ing?ordinance was in-
1946, was passed by the
of said city and attested
meeting of said Council, held
that the same was passed by
r(vQ a T VA Al !!0 A Al
IF
Se.,t A 19 Is, it -f 1-1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ss
CITY OF NEST COVINA )
CAREY S. HALL, being first duly sworn, says: that he
is the city clerk of the City of West Covina, and is a citizen
of the Unite Mates and over the age of 21 years; that on the
day of , 1946, he posted 3 copies of Ordinance No:
of the C ty of West Covina, entitled"AN ORDINANCE GRANTING
T RUSKIN T. GARDNER UNDER THE FIRM NAME OF SUNKIST WATER COM-
PANY, ITS SUCCESSORS OR ASSIGNS, THE RIGHT, PRIVILEGE AND
FRANCHISE TO CONSTRUCT, ESTABLISH., MAINTAIN AND OPERATE A SYS-
TEM OF WATERWORKS FOR THE PURPOSE OF SUPPLYING A PORTION OF
THE CITY OF WEST COVINA AND ITS INHABITANTS WITH FRESH, PURE
HATER FIT FOR DOMESTIC AND GENERAL PURPOSES", to -wit: one in
front of the 'Nest Covina School house, one at 1843 State High-
way, same being the place where the regular meeting of the City
Council is held and one at the northwest corner of Puente
Street and Lark Ellen Boulevard. _ Ir
SUBSCRIBED AND SNVO T to before m
this day of , 1946.
Notary Public in and for the Coup y
of Los Angeles, State of California
ti
J
ri
/moo/h'T
i
•
�iPD�OtEO �iOffNGN/-s E �e�E.9 �iY /f�E