ORD 241 ORDINANCE NO. 241
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA GRANTING TO CALIFORNIA
WATER SERVICE COMPANY, A CORPORATION, THE
RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND
USE PIPES AND APPURTENANCES FOR TRANSMITTING
AND DISTRIBUTING WATER FOR ANY AND ALL
PURPOSES UNDER, ALONG, ACROSS OR UPON THE ,
PUBLIC STREETS, WAYS, ALLEYS AND PLACES,
AS THE SAME NOW OR MAY HEREAFTER EXIST,
WITHIN SAID MUNICIPALITY.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES 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 the following
definitions (unless, in the given instance, the context
wherein they are used shall clearly import a different
meaning) :
(a) The word "Grantee" shall mean California Water
Service Company, and its lawful successors or assigns;
(b) the word "City" shall mean the City of Rancho Palos
Verdes, a municipal corporation of the State of
California, in its present incorporated form or in any
later reorganized, consolidated or reincorporated form;
(c) The word "Streets" shall mean the public streets,
ways alleys and places as the same now or may hereafter
exist within said city;
(d) The word "Engineer" shall mean the City Engineer of
the City;
(e) The word "Franchise" shall mean and include any
authorization granted hereunder in terms of a franchise,
privilege, permit, license or otherwise to lay and use
pipes and appurtenances for transmitting and
distributing water for any and all purposes under,
along, across or upon the public streets, ways, alleys
and places in the City, and shall include and be in lieu
of any existing or future City requirement to obtain a
license or permit for the privilege of transacting and
carrying on a business within the City.
(f) The phrase "Pipes and Appurtenances" shall mean
pipe, pipeline, main, service, trap, vent, vault,
manhole, meter, gauge, regulator, valve, conduit,
appliance, attachment, appurtenance and any other
property located or to,be located in, upon, along,
across, under or over the streets of the City, and used
or useful in transmitting and distributing water.
(g) 1Se Ohra6e-"tay and Use" shall mean to lay,
constiuct, 'ekect operate, maintain use,
repair, replac4, or 'remove. - r
SECTION 2. That the right, privilege and franchise, subject
to each and all of 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, be and the
game- is hereby granted to California Water Service Company,
a corporation duly 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 and b
appurtenances for transmitting and distributing water for any
and all purposes, under, along, across or upon the streets of
the City.
The Term of period of this franchise shall be fifteen
(15) years from and after the January 1, 1988, that is to
say, this franchise shall endure in full force and effect
until the same shall , with the consent of the Public
Utilities Commission of the State of California, be
voluntarily surrendered or abandoned by its possessor, or
until the State of California or some municipal or public
corporation thereunto duly authorized by law shall purchase
by voluntary agreement or shall condemn and take under the
power of eminent domain, all property actually used and
useful in the exercise of this franchise, and situated within
the territorial limits of the State, municipal or public
corporation purchasing or condemning such property, or until
this franchise shall be forfeited for noncompliance with its
terms by the possessor thereof.
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 and 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
under this franchise; and further that in the event the
Legislature shall amend the Franchise Act of 1937 (Public
Utilities Code Section 6201-6302) to permit a franchise
payment greater than the percentage formula specified herein,
the franchise fee agreed upon herein shall be automatically
changed to the level expressed by the Legislature in amending
such act.
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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
II/ thereTalifete:
total gross receipts of the Grantee, its successors or
assigns, during the preceding calendar year, or such
fractional calendar year,' froth 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 percentage
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 herein before 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
franchises 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 within the limits of this City, as such
limits now or may hereafter exist, in lieu of which this
franchise in 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 to abridge, either for a term
or in perpetuity, the City' s right of eminent domain in
respect to the Grantee or any value before any court or other
public authority in any proceeding of any character.
SECTION 7. The Grantee of this franchise shall :
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Ordinance No. 241
(a) construct, install and maintain all pipes and
appurtenances in accordance with and in conformity with
all of the ordinances, including street permit
ordinances, rules and regulations heretofore, or
hereafter adopted by the legislative body of this City
in the exercise of its.policepowers and not in conflict
with the paramount authority of the State of California,
11/
and, as to State highways, subject to the provisions 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; including permit,
inspection, and administrative fees;
(c) indemnify, hold harmless and defend the City and
its officers from any and all liability for 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 the
Grantee shall provide Grantor with evidence of
comprehensive general liability insurance, including
blanket contractual liability coverage, to a combined
single limit of $10,000,000 .00 covering the obligations
or operations of Grantee conducted pursuant to this
franchise;
(d) remove or relocate, at the request of the City and
without expense to the City, any facilities installed,
used and maintained_ under Olis,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 or other proper governmental use of the
streets; provided, however, that Grantee shall not be
required to bear the expense of any removal or
relocation made at the request of the City on behalf or
for the benefit of any private developer or other non-
governmental third party unless associated with a city
directed project;
(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;
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Ordinance No. 241
(f) Make repairs or corrections in a timely manner, as
requested by the City or Redevelopment Agency. The
Grantee shall accept all liability for any damage caused
by improper repair or maintenance of the facilities.
SECTION 8. The 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,
gas lines, conduits or other structures lawfully in or under
the streets; and before the work of constructing any pipes
and appurtenances over or protruding into the streets, the
Grantee shall file with said Engineer plans showing the '...
location thereof, which ,._shall. be subject to the approval of
said Engineer (such approval not: "to be unreasonably
withheld) ; and all such construction shall be subject to the
inspection of said Engineer and done to his reasonable
satisfaction. All street covering 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
underground traps, vaults and manholes may extend above the
surface of the streets when said vents are lobate& in fi
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 practical and
economically reasonable shall be done by a tunnel or bore, so
as not to disturb the foundation of such paved or macadamized
street; any street work 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.
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 grant, or by reason of
any other cause arising from the operation or existence of
any pipes and appurtenances constructed or maintained under
this grant, 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 condition as existed before
such defect or other cause of damage occurred, such work to
be done under the direction of the Engineer, and to his
reasonable satisfaction.
SECTION 10.
(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 beginning shall not
prosecute the same with due diligence to completion,
then the City, by its legislative body, may declare this
franchise forfeited.
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Ordinance No. 241
(b) The City may sue in its own name for the forfeiture
of this franchise, in the event of noncompliance by the
Grantee, its successors or assigns, with any of the
conditions thereof.
SECTION 11. 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
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 12. 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 13. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be published in
the same manner prescribed by law.
PASSED AND ADOPTED by the City Council of the City of Rancho
Palos Verdes on the 21st day of March, 1989.
Arg..._
Mayor
ATTEST:
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)
1 alit
City Clerk
ate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Jo Purcell , City Clerk of the City of Rancho Palos
Verdes, do hereby certify that the whole number of members of
the City Council of said City is five; that the foregoing
ordinance, being Ordinance No. 241, passed first reading on
March 7, 1989, was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on
March 21, 1989, and that the same was passed and adopted by
the following roll call vote:
AYES: McTaggart, Hinchliffe, Ryan and Mayor Bacharach
NOES: None
ABSENT: Hughes 111 /if /
/
City Clerk
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Ordinance No. 241
ORDINANCE NO. 241 y
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
.
The undersigned, being bein first duly sworn, desposes and says :
That at all times herein mentioned, she was and now is the
duly qualified City Clerk of the City of Rancho Palos Verdes ,
California:
That on the 24th day of March , 19 89, she caused to
be posed in three conspicuous places , as required by law the
following :
GRANTING TO CLAIFORNIA WATER SERVICE COMPNAY, A CORPORATION, THE RIGHT, PRIVILEGE
AND FRNACHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMTTTTNa AND DISTRIBUTING
WATER FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES, AS THE SAME NOW OR MAY HER T . ► I NICIIALITY.
a copy of which is attached hereto, in the following public places
in the City:
CITY HALL
RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274
LOS ANGELES COUNTY FIRE STATION
MIRALESTE STATION
4000 MIRALESTE PLAZA
RANCHO PALOS VERDES, CALIFORNIA 90274
U. S. POST OFFICE
28649 SOUTH WESTERN AVENUE
• RANCHO PALOS VERDES, CALIFORNIA 90732
I certify under penalty of perjury that the foregoing is a true and
correct affidavit of posting .
111 /
I -.) ,, -t, _ ._..dh_
JO CELL, CMC
C I
jic
CLERK
•
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360