Ordinance No. 771
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ORDINANCE NO. 771
AN ORDINANCE GRANTING TO CALIFORNIA WATER SERVICE COMPANY,A
CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO LAY,
CONSTRUCT, MAINTAIN. REPAIR, AND OPERATE A SYSTEM OF WATER
PIPELINES AND OTHER APPARATUS IN, OVER, ALONG, ACROSS" UNDER,
THROUGH, AND UPON THE PUBLIC STREETS, ROADS, ALLEYS, AND
HIGHWAYS THAT LIE WITHIN BANDINI ANNEXATION NO.1 AND ATLANTIC
ANNEXATION NO. 1 OF THE CITY OF VERNON, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, FOR THE TRANSPORTATION AND DIS'rRIBUTION
OF WATER FOR SALE AND DISTRIDUTION FOR DOMESTIC, AGRICULTURA ,
INDUSTRIAL, COMMERCIAL, AND OTHER LAWFUL USES AND PURPOSES.
THE COUNCIL OF THE CITY OF VERNON, COUNTY OF LOS ANGELES,
ST A TE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS:
WHEREAS, CALIFORNIA WATER SERVICE COMPANY" a~orpora
tion, duly organized and existing under and by virtue of the laws of the State of
California~ and duly qualified and authorized to transact a public utility busi-
ness within said State~ on the 16th day of March, 1965jl filed with this Council~
the Council of the City of Vernon" County of Los Angelesjl State of Californiajl
a written application for the franchise hereinafter set forth; and
WHEREAS, said application was made under and in conformity with
the laws of the State of California pertaining to the granting of franchises by
City authorities, Statutes 1905jl page 777 ~ as amended, and under the provision
of Article 1, Chapter 1, Division 3 of the Public Utilities Code of the State of
California; and
WHEREAS, this Council~ in the exercise of its discretion~ did~ by
Resolution duly and regularly adopted at a regular meeting thereof held on the
6th day of Apriljl 1965" propose to grant such franchise upon the terms~ condi-
tions~ and restrictions imposed and required by law~ and resolved that it
would receive sealed bids for such franchisejl all such bids to be delivered to
the Clerk of this Council, viz." the City Clerk of said City of Vernonl at his
27 I office in the City Hall in said City of Vernon~ up to the 18th day of May~ 1965~
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at the hour of two (2) o'clock P. Mu and that thereupon at said time and at the
regular meeting room of this Council in said City Hall.. said bids would be
opened and said franchise struck off~ sold, and awarded by this Council to the
person~ firm, or corporation making the highest cash bid therefor; and
WHEREAS~ this Council by the aforesaid Resolution fixed One
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Thousand and No/l00 Dollars ($1" 000.00) as the penal sum of the bond to be
filed by the successful bidder for said franchise within five (5) days after the
awarding of said franchise to said successful bidder; and
WHEREAS~ this Council, did" by the aforesaid resolution" order an
direct that there be published in the Los Angeles Daily Journal~ a daily news...
paper of general circulation of~ and published in~ said County of Los Angeles~
once a day for ten (10) successive days, commencing on the 12th day of April"
1965, or as ofter during said period as said paper is published" notice that
said application has been filed and that the Council proposed to grant said
franchise to the highest bidder~ all as required by Article 1" Chapter 1, Divi-
sion 3" of the Public Utilities Code of the State of California; and
WHEREAS" this Council finds that said notice has been duly publish
ed in said Los Angeles Daily Journal~ in the manner. and for the period requi
by law, and that said publication was completed not less than twenty (20) nor
more than thirty (30) days before any further action on said franchise was take
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by this Council; and
WHEREAS. at the time and place aforesaid, said sealed bids were
opened~ and said franchise was struck off" sold, and awarded~ by this Council
to CALIFORNIA WATER SERVICE COMPANY" a California corporation~ the
person~ firm, or corporation who made the highest cash bid therefor in the
manner provided by said Article 1" Chapter 1, Division 3" of said Public
Utilities Code; and
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WHEREAS, said CALIFORNIA WATER SERVICE COMPANY, a
California corporation~ in the manner and within the time provided by said
Article 1~ Chapter l~Division 3" of said Public Utilities Code, has deposited
and paid the full amount of its said bid; and
WHEREAS~ said CALIFORNIA WATER SERVICE COMPANY" a
California corporation~ within five (5) days after said franchise was so awarde ,
to wit" on the .12:- day of May, 1965, filed with this Council a bond" conditione
according to law" running to said City of Vernon, in the penal sum of One
Thousand and No/100 Dollars ($1" 000.00), being the amount heretofore fixed
by this Council as the penal sum of said bond" which said bond was good and
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11 sufficient bond and was in all respects as required by law and was thereupon
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2 and heretofore and is hereby approved by this Council;
3 NOW, THEREFORE~ THE CITY COUNCIL OF THE CITY OF
4 VERNON DOES ORDAIN AS FOLLOWS:
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SECTION 1:
CALIFORNIA WATER SERVICE COMPANY, a
6 California corporation~ and its successors and assigns# are hereby granted the
7 right" privilege# and franchise# to lay~ construct, maintain, repair" and oper-
8 ate a system of water pipelines and other apparatus in~ over# along. across.
9 under ~ through, and upon the public streets~roads~ alleys. and highways that
10 lie within Bandini Annexation Number 1 and Atlantic Annexation Number 1 of
11 the City of Vernon~ County of Los Angeles~ state of California as shown on
12 Exhibit A# for the transportation and distribution of water for sale and distribu
13 tion for domestic, agricultural~ industrial, commercial# and other lawful uses
14 and purposes.
SECTION 2:
All pipes and necessary appliances and fixtures
used in connection with said system shall be laid" constructed" maintained~ and
removed in conformity with law. Prior to any construction~ reconstruction~
maintenance~ repair~ change of size or removal of said water pipeline system
and all accessory appliances and fixtures used in connection with said system,
the grantee shall obtain a permit for said work from the City of Vernon. Wher
emergency work is necessary for the preservation of life or property# the
grantee shall proceed with such work and shall apply for a permit therefor at
the earliest practicable time.
SECTION 3: Said grantee, its successors, and assigns, Shall,
at all times, keep said water pipeline system and all accessory appliances andtl
fixtures used in connection with said system in good order and condition, inclu
ing the ground and road surfaces thereover.
SECTION 4: Said franchise shall commence on the effective
date hereof and shall continue and endure in full force and effect for a term of
Fifty (50) years.
SECTION 5:
Said grantee~ its successors" and assigns, mus .
during the life of said franchise~ pay to said City of Vernon two per cent (2%)
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1 of the gross annual receipts arising from the use, operation~ or possession of
2 said franchise, payable annually on or before the 1st day of April of each year
3 with respect to the gross annual receipts for the preceding calendar year,
4 except that the first payment to be made hereunder shall be two per cent (2%)
5 of the gross receipts received by said grantee arising from the use, operationl
6 or possession of said franchise during the period commencing with the effec-
7 tive date hereof and ending on the next succeeding December 31st. In the
8 event that any such payment is not made, said franchise shall be forfeited.
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SECTION 6:
Said grantee, its successors and assigns shall
10 preserve and save harmless the City of Vernon and each officer and employee
11 thereof from any liability or responsibility for any accident~ loss or damage to
12 persons or property happening or occurring as a proximate result of the laying
13 construction~ maintenance, repair ~ and operation of said system.
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SECTION 7:
The grantee by acceptance of this franchise
15 hereby agrees that no value shall be placed on said franchise if the grantor
16 shall seek to obtain said franchise by either purchase by agreement or eminent
17 domain proceedings.
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SECTION 8:
Should any section, subsection~ clause, or
19 provision of this Ordinance for any reason be held to be invalid or unconstitu-
20 tional, such invalidity or unconstitutionality shall not affect the validity or
21 constitutionality of the remaining portions of this Ordinance; it being hereby
22 expressly declared that this Ordinance and each section, subsection, sentence~
23 clause, and phrase hereof would have been prepared, proposed, approved~ and
24 adopted irrespective of the fact that anyone or more sections~ subsections~
25 sentences, clauses, or phrases be declared invalid or unconstitutional.
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SECTION 9:
There being no newspaper printed, published
and circulated in the City of Vernon, the City Clerk is hereby directed to certif
to the passage of this Ordinance and shall post same, or cause same to be
posted.. in three of the most public places in the City of Vernonl to wit: the
northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby
of the City Hall of said City.. located at 4305 Santa Fe Avenue" all in the City
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17 STATE OF CALIFORNIA )
( SSe
18 COUNTY OF LOS ANGELES )
of Vernon~ Los Angeles County, California. That this Ordinance shall be in
full force and effect thirty (30) days from and after the date of posting thereof.
ADOPTED and APPROVED this 15th day of June" 1965.
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! {, . .!
.-J. .:1:- t..- ./
R. (J. FURLlfN~
14ayorofthe ~i-- -; Vernon
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-,,' - ""
, ' . ." "'''''L'
F. . CNrER~
City Clerk
I.. F. A. Z.IEMER~ City Clerk of the City of Vernonl do hereby
certify that the foregoing Ordinance, being Ordinance No. 771~ was duly and
regularly introduced at a regular meeting of the City Council of the City of
Vernon held on June 1" 1965~ and thereafter finally adopted at a regular meet..
ing of said City Council held on June 15~ 1965 by the following vote:
AYES:
NOES:
ABSENT:
Councihnen: Anderson, Furlong,
Mailliard, Malburg
CouncUxuen: None
Councihnen: Foxon
&
\ ~
F. . . MER, City Clerk
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3 STATE OF CALIFORNIA )
)
4 COUNTY OF LOS ANGELES ) SSe
)
5 CITY OF VERNON )
AFFIDAVIT OF POSTING
I. F. A. ZIEMER, City Clerk of the City of Vernon~ do hereby
certify that I did# on the ~ day of June~ 1965~ post three (3) copies of
Ordinance No. 771~ one in each of the following places~ to wit: at the north-
west corner of 38th Street and Santa Fe Avenue; at the northeast corner of
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Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby
of the City Hall of the City of Vernonl located at 4305 Santa Fe Avenue~ all in
said City~ there being no newspaper of general circulation printed and pub lish-
ed in the City of Vernon.
Signed this ~ day of June# 1965.
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~,
City Clerk
Subscribed and sworn to before me
thiS/t' day of June# 1965.
, "'''/'?1..A?<;::'~
..~~:; ;/e:::;,;~ ., ./..
l,r..'........... ".."'" ~~,~
:Notary Public in and for the County
of Los Angeles# State of California
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l. R. BU RCH
My Commission Expires Mar. 24, 1969
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