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HomeMy WebLinkAbout137ORDINANCE NO. 137 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 CERTAIN PUBLIC STREETS, ROADS, ALLEYS AND HIGHWAYS OF THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALI- FORNIA, FOR THE TRANSPORTATION AND DISTRIBUTION OF WATER FOR SALE AND DISTRIBUTION FOR DOMESTIC, AGRICULTURAL, INDUSTRIAL, COMMERCIAL AND OTHER LAWFUL USES AND PURPOSES. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS, DOES ORDAIN AS FOLLOWS: WHEREAS, CALIFORNIA WATER SERVICE COMPANY, a corpo- ration, 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 business within said State, on the 18th day of December, 1967, filed with this Council, the City Council of the Town of Los Altos Hills, County of Santa Clara, State of California, a written application for the franchise hereinafter set forth; and WHEREAS, said application was made under and in con- formity with the laws of the State of California pertaining to the granting of franchises by the City authorities, Statutes 1905, page 777, as amended, and under the provisions of 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 18th day of December, 1967, pro- pose to grant such franchise upon the terms, conditions and restrictions imposed and required by law, and resolved that it would receive sealed bids for such franchise, all such bids L GORIO 6 FAIBANT -1- rr V to be delivered to the Clerk of this Council, viz., the City Clerk of said Town of Los Altos Hills, at his office in the Town of Los Altos Hills, up to the 5th day of February, 1968, at the hour of 8:00 o'clock P.M., and that thereupon at said time and at the regular meeting room of this Council in said office, 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 Thousand Dollars ($1,000.00) as the penal sum of the bond to be filed by the successful bidder for said franchise within a reasonable time after the awarding of said franchise to said successful bidder; and WHEREAS, this Council did, by the aforesaid resolution, order and direct that there bepublished in the Los Altos News, a weekly newspaper of general circulation in said Town of Los Altos Hills, once a week for four (4) successive weeks, commencing on the 21st day of December, 1967, or as often during said period as said paper is published, notice that said application has been filed and that the Council pro- posed to grant said franchise to the highest bidder, all as required by Chapter 1, Division 3, of the Public Utilities Code of the State of California; and WHEREAS, this Council finds that said notice has been duly published in said Los Altos News in the manner and for the period required 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 taken by this Council; and WHEREAS, at the time and place aforesaid, said sealed LAOORIO ® FAIBANT -2- 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 cor- poration who made the highest cash bid therefor in the manner provided by said Chapter 1, Division 3, of said Public Utilities Code; and WHEREAS, said CALIFORNIA WATER SERVICE COMPANY, a California corporation, in the manner and within the time provided by said Chapter 1, 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, on the 8th day of February, 1968, filed with this Council a bond, conditioned according to law, running to said Town of Los Altos Hills, in the penal sum of One Thousand Dollars ($1,000.00), being the amount heretofore fixed by this Council as the penal sum of said bond, which said bond was a good and sufficient bond and was in all respects as required by law and was thereupon and heretofore and is hereby approved by this Council; NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CALIFORNIA WATER SERVICE COMPANY, a Cali- fornia Corporation, its successors and assigns, is hereby granted the right, privilege and franchise, to lay, construct, maintain, repair and operate a system of water pipelines and other apparatus for the transportation and distribution of water for sale and distribution for domestic, agricultural, indus- trial, commercial and other lawful uses and purposes in, over, along, across, under, through and upon the public streets, I GONIO A FAIBANT -3- %0 d roads, alleys and highways within that portion of the Town of Los Altos Hills, County of Santa Clara, State of Califor- nia, presently served by said CALIFORNIA WATER SERVICE COM- PANY and within that portion of said Town to which said CALIFORNIA WATER SERVICE COMPANY has dedicated or may in the future dedicate its service. SECTION 2. All pipes and necessary appliances and fix- tures used in connection with said system shall be laid, constructed, maintained and removed in conformity with law. Whenever it is proposed by the grantee of this franchise to open the public highways, streets and alleys of the said Town of Los Altos Hills, the said grantee shall serve notice upon the Street Superintendent of said Town of Los Altos Hills, a reasonable length of time prior to commencing the said opera- tion. Nothing herein shall be construed to mean that the said grantee need secure approval of any such operation, provided that reasonable regulations may be imposed by the said Street Superintendent to protect the public of the said Town of Los Altos Hills. Where emergency operations are indicated by circumstances beyond the control of this grantee, notice need not be delivered to the said Street Superintendent prior to remedial action being taken. SECTION 3. Said grantee, and its successors and assigns, shall at all times keep said water pipeline system and all accessory appliances and fixtures used in connection with said system in good order and condition, provided that if damage should result to the ground and road surfaces thereover, the grantee shall repair the same immediately. SECTION 4. Said franchise shall commence on the effective date hereof and shall continue and endure in full force and effect until voluntarily surrendered or abandoned by said "GORID R FAIBANT -4- %0 grantee, its successors or assigns, with the consent of the Public Utilities Commission of the State of California, or until all property used and useful in the exercise of said franchise and situated within the territorial limits of the Town of Los Altos Hills shall be transferred to the State of California, or some municipal or public corporation pur- suant to voluntary agreement or the exercise of the power of eminent domain, or until said franchise shall be forfeited for noncompliance with its terms by said grantee. SECTION 5. Said grantee, its successors and assigns, must, commencing with the calendar year 1968 and continuing during the life of said franchise, pay annually to said Town of Los Altos Hills, two per cent (2%) of the gross annual receipts arising from the use, operation or possession of said franchise, payable annually on or before the first day of April of each year with respect to the gross annual receipts for the preceding calendar year, the first payment to be made on or before April 1, 1969, with respect to the gross receipts for the calendar year 1968. In the event that any such payment is not made, said franchise shall be forfeited. SECTION 6. Payment by said grantee of said sums speci- fied in Section 5 hereof shall be in lieu of any business license tax or other similar charge or levy now or hereafter imposed upon said grantee by said Town of Los Altos Hills and said grantee shall have no obligation to pay any such tax, charge or levy referable to the calendar year 1968 or any year thereafter during the life of said franchise. SECTION 7. This ordinance shall take effect and be in force from and after thirty (30) days from its passage and, before the expiration of fifteen (15) days after its passage, 1 00RIO @ FAIHANT -L- this ordinance shall be posted in three (3) public places in the Town of Los Altos Hills. I HEREBY CERTIFY that the foregoing ordinance was regularly introduced at a regular meeting of the City Council of the Town of Los Altos Hills held on February 5, 1968, and was thereafter, at a regular meeting of said Council held on February 19, 1968, adopted by the following roll call vote: AYES: Councilmen Aiken, Benson, Davey, Fowles Mayor Henley NOES: None ABSENT: Absent ATTEST: City Clerk APPROVED: vim, - Mayor' L GORIO G FAISANT -6-