HomeMy WebLinkAboutORD NO 1541 ORDINANCE NO. 1541 NEW SERIES
AN ORDINANCE OF THE CITY OF BAKERSFIELD, GRANTING TO CALIFORNIA
WATER SERVICE COMPANY, A CALIFORNIA CORPORATION~ THE RIGHT,
PRIVILEGE AND FP~NCHISE TO USE~ OR TO LAY AND USE, PIPES, DITCHES,
FLU~ES, CONDUITS~ AND APPURTENANCES FOR THE PURPOSE OF TRANS-
MITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES UNDER,
ALONG, ACROSS OR UPON THE PUBLIC STREETs, WAYS, ALLEYS, AND PLACES,
~S THE SAME NOW OR MAY HEKEAFTER EXIST, WITHIN SAID CITY.
The Council of the City of Bakersfield does ordain as
follows:
(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
Cunless, in the given instance, the context wherein they are used
shall clearly import a different meaning):
Ca) The word "Grantee" shall mean California
Water Service Company, a corporation organized and
existing under and by virtue of the laws of the State
of Callforn~a, and its lawful successors or assigns;
~b) The word ~City" shall mean the City of
Bakers~'ield, a municipal corporation of the State of
California~ in its present incorporated for~' or in
any later reorganized, consolidated or reincorporated
form;
(c) The word "streets" shall mean the public
streets, ways, alleys a~d places as the sa~e now or
may hereafter exist within City;
(d) The phrase "pipes and appurtenances" shall
mean each pipe, ditch, flume~ conduit and appurtenance
of Grantee located or to be located in~ upon,'along,
..... acr~ss,.under or over the streets o~ City, and used or
useful in transmitting and distributing water;
(e) The phrase 'lay and use" shall ~ean to
construct, erect, install, operate, ~ainta~n, use,
repair~ replace, relocate or remove.
(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, be and the same are hereby granted to Grantee
to lay and use pipes and appurtenances for transmitting and
distributing water for any and all purposes, under, along, across
or upon the streets of the City for a term or period of fifty (50)
years from and after the effective date hereof or until this
franchise 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 Skate 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 situate within the
territorial limits of the State, municipal or public corporation
purchasing or condemning such property, or until this franchise
shall be forfeited for non-compliance with its terms by the
possessor thereof, whichever shall occur the.earlier.
(.3) La) The Grantee shall pay to the City at the times
hereinafter specified, in lawful money of the United States, a sum
annually wh.~ch shall be equivalent to two per cent (2%) of the
gross annual receipts of Grantee arising from the use, operation
or possession of this franchise; provided, however, that such
payment shall in no event be less than one per cent (1%) of the
gross annual receipts of the Grantee derived from the sale ok water
within the limits of the City under this franchise.
(b) The Grantee shall file with the clerk of the City
within three (32 months after the expiration:of the fractional
calendar year following the date of the granting o~'t~'i~'fr~nc~iise '~,
and within three (3) months after the expiration of .each calendar
year thereafter~ a verified statement showing in detail the total
gross receipts of the Grantee 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 percentage of its gross receipts
for the calendar year or such fractional calendar year covered by
such statement arising from the use, operation or possession of
this. franchise. Any neglect~ omission or refusal by 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
hereunder.
(4) (a) This franchise 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 such limits now or may
hereafter exist, and the acceptance of this franchise shall operate
as an abandonment of all such franchises within the limits of City,
as such limits now or may hereafter exist, in lieu of which this
franchise is granted, provided, however, that nothing in this
franchise contained shall be deemed to constitute an abandonment
by Grantee of any of its rights under the franchise derived under
Section 19 of Article XI of the Constitution of the State of
California as said Section existed prior to the amendment thereof
adopted October 10, 1911, and the Grantee's rights under said Section
shall remain unimpaired in full force and effect.
Lb)' The franchise granted hereunder skall not become
effective until written acceptance thereof shall h~ve be~n
filed by the Grantee with the clerk of the City. When so filed~
such acceptance shall constitute a con~inuing agreement of the
Grantee that if and when the City shall thereafter annex or con-
solidate with additional territ~.', all franchise right'nd
privileges owned by the Grantee therein, except any franchise derived
under said Section 19 of Article XI of said Constitution as said
Section existed prior to the amendment thereof adopted October 10,
1911, shall likewise be deemed to be abandoned within the limits
of such territory.
(5) The franchise granted hereunder shall not in any
way impair or affect the right of the City to acquire the property
of the Grantee either by purchase or through the exercise of the
right of eminent domain, and nothing herein contained shall be
construed to contract away, modify or abridge, either for a term
or in perpetuity, the City's right of eminen't domain in respect to
the Grantee, nor shall this franchise ever be given any value before
any court or other public authority in any proceeding of any
character in excess of the cost of the Grantee of the necessary
publication and any other sum paid by it to the'City therefor at
the time of the acquisition thereof.
(6) The grantee shall:
(a) Construct, install and maintain ali pipes and
appurtenances in. accordance with and in conformity with all of the
ordinances and rules adopted by the legislative b~dy of the City
'in th~ 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 laws relating to the location and
maintenance of such 'facilities therein;
(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 th~ City a~d ~ts
officers from any and all liability for damages proximately
resulting from any operations under this franchise, and be liabl~
to the City for all damages proximately resulting from the
failure of Grantee well and faithfully to observe and perform any
provision of this franchise and any provision of Division 3,
Chapter 2 of the Public Utilities Code of the State of California;
(d) Remove or relocate without expense to the ~ity
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 st'reet, 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 hereby, written evidence of the same
certified to by the Grantee or its duly authorized officers.
(.7) (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, the City,
by' its legislative body, may declare th~s 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
hereof.
C8) The Grantee shall pay to the City a sum of money
sufficient to reimburse it for all publication expenses incurred
by it in connection with th~ granting of this franchise; such
payment shall be made within thirty (30) days after the City shall
furnish Grantee with a written ~tatement"of such expenses.
(9) The rights, duties and obligations of Grantee under
this franchise shall be as set forth ~n this ordinance and as
presently set forth in Division 3, Chapter 2 of the Public Utilities
Code of the State of California.
(10) Not later than thirty (30) days after the passage
of this ordinance, the Grantee shall file with the clerk of the City
a written acceptance of this franchise and an agreement to comply
with the terms and conditions hereof.
(11) The City Clerk shall certify to the adoption of
this ordinance.
o0o
! HEREBY CERTIFY that the foregoing ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on th~ 9th day of November, 1964,
by the following vote:
Ayes: Councilmen Balfanz, Doolin, Marchb~nks, Mossman,
Rucker, Stiern, Whittemore
Noes: None
Absent: None
Abstaining: None
....... /'s/' maz'a 's.' 'ZRVZ
CITY CLERX and Ex-Officio Clerk of the
Council of the City of Bakersfield.
APPROVED this''gth day of NOVember, 1964.
· /S'/''GENE WINER ......
MAYOR of the City of Bakersfield
APPROVED:
/ s/ KENNETH W. IIOAGLAND CITY ATTORNEY
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