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Ordinance - 1033ORDINANCE NO. 1033 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA GRANTING TO AZUSA VALLEY WATER COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES, DITCHES, FLUMES, CONDUITS AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING .WATER FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS • OR UPON CERTAIN OF THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID CITY. The City. Council of the City of West Covina does ordain as follows: SECTION 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in this section (unless in the given instance, the context wherein they are used shall clearly import a different meaning): (a) "Grantee" means the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns; (b) "City" means the City of West Covina, a municipal corpo- ration of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; (c) "Streets" means those public streets, ways, alleys and places as the same now or -may hereafter exist within said City and which are included within the service area of grantee as specified herein; • (d) "Engineer" means the City Engineer of the City; (e) "Lay and Use" means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove. SECTION 2. The right, privilege and franchise, subject to each and all of the terms and conditions contained in this ordinance, and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, is hereby granted to Azusa Valley Water Company, a corporation organized and existing under.and by virtue of the laws of the State of California, herein referred to as the "Grantee", to lay and use pipes, ditches, flumes, con- duits and appurtenances for transmitting and distributing water for any and all purposes, under, along, across or upon all of the public streets, ways, alleys and places in that portion of the area of Los Angeles County certificated to the applicant by the California Public Utilities Commission under Decision No. 47713, effective November 11 1952, lying within the limits of the City of West Covina, California, as the same now exists or may hereafter exist, including, but not limited to the following area which is that portion of applicant's certificated service area lying within the limits of the City of West Covina, California, as of the date hereof: Beginning at a point in the northerly boundary line of the City of West Covina, as of February 1, 1968, at the southeast corner of Lark Ellen Avenue and San Bernardino Road; thence westerly along said • north boundary line to the northwesterly City Limits; thence southerly, easterly and southerly along the west boundary line and its prolongation to its inter- section with the north line of Pacific Avenue; thence southeasterly along said north line of Pacific Avenue to its intersection with the north right-of-way line of the San Bernardino Freeway; thence easterly along said north line to the easterly limits of Tract No. 17865; thence northerly along said east tract line and its prolongation to the north line of Workman Avenue; thence westerly along the north line of Workman Avenue to its intersection with the east line of Tract No. 14458; thence northeasterly along said line and its prolongation to the south line of • Puente Avenue, also the northwest corner of Palm View Park; thence easterly along the south line of Puente Avenue to the east line of Lark Ellen Avenue; thence northerly along the east line of Lark Ellen Avenue to the point of beginning. The term of this franchise is twenty years from and after the effective date hereof. SECTION 3. 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 equivalent to two percent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided,.however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the grantee derived from the sale of water within the limits of the City under this franchise; provided further that the period for which payment shall be made hereunder shall commence on February 15, 1968. The grantee of this franchise 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 grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing • in detail the total gross receipts of the grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the City for which this franchise is granted. It shall be the duty of the grantee to pay to the City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the specified per- centage of its gross receipts for the calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by said grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder. SECTION 4. This grant is made in lieu of all other fran- chises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under this franchise, for transmitting and distributing water within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. SECTION 5. 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 thereafter annex or consolidate with, .additional territory, any and all franchise rights and privileges owned by the grantee therein shall likewise be deemed to be abandoned within the limits of such territory. SECTION 6. The franchise granted hereunder shall not in any way or 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 right 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 -2- to the grantee or.any public utility. Nor shall this franchise ever be given any value before any court or other public authority in any pro- ceeding of any character in excess of the cost to the grantee of the necessary publication and any other sum.paid by it to the City therefor at the time of the acquisition thereof. • SECTION 7. The grantee of this franchise shall (a) construct, install and maintain all pipes, ditches, flumes, conduits and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore or here- after adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the pro- visions of general laws relating to the location and maintenance of such facilities; (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 harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California; and •(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 of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct by.the City; and (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers. SECTION 8. The City Engineer shall have power to give the grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the grantee shall file with said City Engineer plans showing the location thereof, which shall be subject to the approval of said City Engineer (such approval not to be unreasonably withheld); and all such con- struction shall be subject to the inspection of said City Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for under- ground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. •Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macada- mized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor. -3- SECTION 9. If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this franchise, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under' -this franchise, said grantee shall, at its own cost and expense, immediately repair any such damage and • restore such street, or portion of street, to as good a condition as. existed before such'defect or other cause of damage occurred, such work to be done under the direction of the City Engineer, and to his reasonable satisfaction. SECTION 10. The grantee agrees that it will maintain at its own cost and expense all company -owned fire hydrants within the City of West'Covina as the same now exist or may hereafter exist,except that nothing herein shall prevent the grantee from making a reasonable monthly service charge for each fire hydrant connected to grantee's mains. SECTION 11. (a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such begin- ning shall not prosecute the same with due diligence to completion, then the City, by its, legislative body, may declare this franchise forfeited. (b) The City may sue -in its own name for the forfeiture of this franchise, in the event of non-compliance by the grantee, its successors or assigns, with any of the conditions thereof. SECTION 12. The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; such payment to be made within thirty (30) days after the City 'shall furnish such grantee with a written statement of such expenses. SECTION 13. Not later than thirty (30) days after the publication of this ordinance, the grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof. SECTION 14. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law: Passed and approved th 1968. STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I, LELA PRESTON, City Clerk of the City of West Covina, do hereby certify that the above Ordinance No. 1033 was regularly intro- 40 duced and placed upon its first reading at a regular meeting of the City Council on the 25th day of March , 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of April , 19682 by the following vote, to wit: AYES: Councilmen: Nichols, Gleckman, Snyder, Krieger NOES: Councilmen: Gillum ABSENT:Councilmen: None City Clerk I do further certify that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in the West Covina Tribune, a newspaper of general circulation, printed, published and circulated in the City of West Covina, on the 18th day of April , 1968, and that the same was published in accordance with law. .` 1] J APPROVED AS TO FORM: r .�.�LK` City 10 orney 0 -5-