ORD-24-83 GRANTS SOUTHERN CA WATER CO A FRANCHISE TO TRANSMIT AND DISTRIBUTE WATER43
ORDINANCE NO. 24-
83 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE GRANTING TO
SOUTHERN CALIFORNIA WATER COMPANY, ITS
SUCCES-SORS AND ASSIGNS, A FRANCHISE TO
LAY AND USE, FOR TRANSMITTING AND
DIS-TRIBUTING WATER FOR ANY AND ALL
PUR-POSES, PIPELINES AND OTHER
FACILITIES,IN, ALONG, ACROSS, UPON AMD UNDER
THE PUBLIC STREETS, WAYS, ALLEYS AND
PLACES WITHIN A DESIGNATED AREA OF THE CITY
OF ORANGE DESCRIBED
HEREIN.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:Whenever in this Ordinance the words or phrases
hereinafter in this Section defined are used, it is intended that 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 the corporation to which
the franchise contemplated in this Ordinance is granted and
its lawful successors or
assigns;b) The word "City" shall mean the City of Orange, a
municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated, enlarged
or reincorporated
form;c) The word "Streets" shall mean the public streets,
ways,alleys and places except state freeways, as the same now
or may hereafter exist within said
City;d) The phrase "Pipes and Appurtenances" shall mean
pipes,pipelines and distribution and transmission systems
consisting of mains, distribution and transmission pipes and
other properties and facilities, together with services,
traps,manholes and other necessary or appropriate
appurtenances,for the purpose of transmitting and distributing
water;e) The phrase "Lay and Use" shall mean to lay,
construct,erect, install, operate, maintain, use, repair,
replace,relocate or
1L..-.____~~___~___44
SECTION
II:The
right, privilege and franchise, subject to each and all of the
terms and conditions contained in this Ordinance, and pursuant to
and upon the terms and conditions of Division 3, Chapter 2, of the
Public Utilities Code of the State of California, be and the same
is hereby granted to SOUTHERN CALIFORNIA WATER COMPANY, a corporation
organized and existing under and by virtue of the laws of
the State of California, to lay and use pipes and appurtenances for
transmitting and distributing water for any and all purposes,under,
along, across or upon the streets.SECTION
III:The
term of this franchise shall be indeterminate from and after
its effective date, that is to say, this franchise shall endure
in full force and effect until, with the consent of the Public
Utilities Commission of the State of California, it is voluntarily
surrendered or abandoned by the Grantee, or until the State
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 is forfeited for noncompliance with its terms by the
Grantee.SECTION
IV:For
each full or fractional calendar year of the life of this franchise,
the Grantee shall pay to the City at the times herein-after
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 this franchise; provided, however, that such pay-ment
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.SECTION
V:The
Grantee 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 granting of this franchise,
and within three (3) months after the expiration of each subsequent
calendar year or fraction thereof during which this franchise
is in effect, a verified statement showing in detail for the
term of the franchise in such calendar or fractional year, as the case
may be, the total gross receipts of the Grantee arising from the
use, operation or possession of this franchise and the total gross
receipts of the Grantee derived from the sale of water within the
City. The Grantee shall pay to the City within fifteen (15)days
after the time for filing said statement, in lawful money of Ord.
24-83 2-
L--
45
the United States, the above required percentage of its gross
receipts for the calendar year, or fractional calendar year,
covered by said statement. Any neglect, omission or refusal by
said Grantee to file said verified statement, or to pay said
percentage, at the times or in the matter hereinbefore provided,
shall constitute grounds for the declaration of a forfeiture of
this franchise and of all rights of Grantee hereunder.
SECTION VI:
This grant is made in lieu of all other franchises, rights,
or privileges that have been granted by the State or some municipal
or public corporation now owned by the Grantee to lay and use pipes
and appurtenances in the streets of the City for transmitting and
distributing water and the acceptance of the franchise hereby granted
shall operate as (i) an abandonment within the limits of the City
of all such other franchises, rights and privileges that have been
granted by the State or some municipal or public corporation in lieu
of which this franchise is granted and (ii) an agreement to comply
with the terms and conditions hereof.
SECTION VII:
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 territiory, any and all franchises, rights and
privileges owned by the Grantee thereon shall likewise be deemed to
be abandoned as to all streets within the limits of such territory.
SECTION VIII:
The franchise granted hereunder shall not in any way or to any
extent impair or affect the right of the City to acquire the pro-
perty of the Grantee hereof either by purchase or through the
exercise of the right to eminent domain, and nothing herein con-
tained 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 to the Grantee or any public utility. Nor shall
this franchise be given any value before any court or other public
authority in any proceeding 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 therefore at the time of the acquisition
thereof.
SECTION IX:
The City reserves the right to improve any street or portion
thereof over and within the area for which said franchise is granted,
including the change of grade, relocation of right-of-
way, realign-ment of right-of-way, change in
width, construction or reconstruction of any such street, or any portion thereof.
Within thirty (30)
lI.....-_____._~_.._._46after
receipt
by Grantee of a notice in writing from the City of the fact that
work is to be done pursuant to any such reserved right and specifying the
work is to be done pursuant to any such reserved right and specifying
the general nature of the work and the area in which the same
is to be performed, the Grantee shall do all things necessary to protect
its franchise property during the progress of such work and if
ordered by the City Council the Grantee shall disconnect,remove, or
relocate its pipes and appurtenances within the street to such
extent, in such manner, and for such period as shall be necessary to
permit the performance of such work in an economical manner, and
in accordance with the general recognized engineering and construction
methods, and to permit the maintenance, operation and use
of construction methods, and to permit the maintenance,operation and
use of such public improvement of the street as so improved. All
of such things shall be done and the work shall be performed by
the Grantee at its sole cost and expense. In the event that the
City shall hereafter construct, install, reconstruct or repair any
bridge or artificial support in or underlying any street in which
any pipes or appurtenances of the Grantee are located, and in the
event that the cost thereof be increased in order to provide the installation,
maintenance or operation of any such pipes or sup-port covers
or underlies, then the Grantee shall pay to the City the full amount
of such increase of cost, upon completion of such con-struction, installation
or repair. Any damage done directly or indirectly to
any such public improvement by the Grantee, in exer-cising directly
or indirectly to any right, power or privilege under this franchise,
or in performing any duty under or pursuant to the provisions of
this franchise, shall be promptly repaired by said Grantee, at
its sole cost and expense.SECTION X:
The Grantee
of this franchise shall:a) Construct,
install and maintain all pipes and appurten-ances in
accordance and in conformity with all of the applicable ordinances, rules
and regulations heretofore or hereafter adopted by
the City Council in the exercise of its police powers and
not in conflict with the authority of the State of California, and,
as to State highways, subject to the provisions of general
laws relating to the location and maintenance of such facilities
therein; in constructing, installing and main-taining the
pipes and appurtenances the Grantee shall make and backfill all
excavations in such manner and way as to leave the surface
of the public street, alley, highway, or public place in
a good condition as it was prior to said excavation,as well
as to conform to the statutes of the State of California and the
ordinances of the City of Orange as they now exist or may
hereafter be amended with respect to the securing of permits for
excavations filling and obstructions of City and State highways;
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;Ord. 24-
83 4-
47
c) Indemnify and hold harmless tbe City and its officers
from any and all liability for damage 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
applicable provision of Division 3, Chapter 2 of the Public
Utilities Code of the State of California;
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 or grade,
alignment or width of any street, or the construction therein
or thereunder of any subway, viaduct, sewer, storm drain,
pipeline or other improvement, made by the City. This fran-
chise shall not constitute an agreement or undertaking by the
City, nor impose upon the City any obligation, to pay any part
of the costs of removal or relocation of any of the pipes and
appurtenances when required in order to accomodate construction
of any state freeway;
e) File with the City Council 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; and
f) Promptly repair, at the sole cost and expense of the
Grantee and to the complete satisfaction of the City, any
damage to any street or public improvement caused directly
or indirectly by the Grantee in exercising, directly or in-
directly, any right, power or privilege under this franchise
or in performing any duty under or pursuant to any of the pro-
visions of this franchise.
SECTION XI:
a) If the Grantee 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 Council may declare this franchise forfeited.
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 XII:
This grant of franchise shall be limited to that territory
annexed to the City of Orange as Annexation No. 333, consisting
of 153.525 acres, as set forth in Resolution No. 4971, adopted
on March 27, 1979. Said territory being south of Chapman Avenue
and east of Crawford Canyon Road.
5-Ord. 24-
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48
SECTION XIII:
The Grantee shall pay to the City a sum of money sufficient to
reimburse it for all publication and posting 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 XIV:
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the Office
of the City Clerk at least five (5) days prior to the City Council
meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance in
accordance with Government Code Section 36933. This Ordinance shall
take effect thirty (30) days from and after the date of its final
passage.
ADOPTED this 26th
Orange
Attest:
m~N~~
City Clerk Of~ ~y of Orange
COUNTY OF ORANGE
CITY OF ORANGE
ss
I, MARILYN J.JENSEN, City Clerk of the City of Orange, Califor-
nia, do hereby certify that the foregoing ordinance was introduced
at the regular meeting of the City Council held on the 19tp day of
July , 1983, and thereafter at a regular meeting of said City
Council duly held on the 26th 0:: Julv, 19JL3t was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, BEYER
COUNCILMEN: NONE
COUNCILMEN: PEREZ
WITNESS my hand and seal this 8th day of A19"St- ,
1983.
Ord. 24-
83 M?;{~4R::gp~~
hP~City Clerk of the City of
Orange