Whenever in this Chapter 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 clearly imports a different
meaning):
means the City of Indian Wells, a municipal corporation of
the State of California, in its present incorporated form or in any
later reorganized, consolidated or reincorporated form;
means the corporation to which the franchise contemplated
in this ordinance is granted and its lawful successors or assigns;
means to lay, construct, erect, install, operate, maintain,
use, repair, or remove;
means pipe, pipeline, main, service, 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 the transmitting
and/or distribution of water;
means the public streets, ways, alleys and places as the
same now or may hereafter exist within the City.
(Ord. 35 § 1, 1968)
The right, privilege and franchise, subject to each and all
of the terms and conditions contained in this Chapter, be and the
same is granted Palm Valley Water Company, a corporation organized
and existing under and by virtue of the laws of the State of California,
referred to in this Chapter as the "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 an indeterminate term or period from and after the
effective date hereof, 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.
In no event shall this franchise endure for a period of more than
50 years from July 14, 1967.
(Ord. 35 § 2, 1968)
The grantee must, beginning as of July 14, 1967, and thereafter,
pay to the City at the times specified in this Section, in lawful
money of the United States, a sum annually which shall be equivalent
to 2% of the gross annual receipts of grantee derived from operations
within the City and arising from the use, operation or possession
of the franchise.
The grantee of this franchise shall file with the Clerk of the
City within three months after December 31, 1967, and within three
months after the expiration of each and every calendar year thereafter,
a duly verified Statement showing in detail the total gross receipts
of the grantee, its successors or assigns, 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 15 days after
the time for filing such annual Statement, in lawful money of the
United States, the specified percentage of its gross receipts for
the calendar year, covered by such Statements. Any neglect, omission
or refusal by the grantee to file such verified Statement, or to pay
the 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 thereunder.
(Ord. 35 § 3, 1968)
This grant is made in lieu of all other franchises, rights,
or privileges 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 the limits now or may hereafter
exist, and the acceptance of the franchise granted shall operate as
an abandonment of all such franchises, rights and privileges within
the limits of this City, as such limits now or may hereafter exist,
in lieu of which this franchise is granted.
(Ord. 35 § 4, 1968)
The franchise granted under this Chapter shall not become effective
until written acceptance thereof shall be 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,
except the franchise derived under the aforesaid Constitutional provision,
shall likewise be deemed to be abandoned within the limits of such
territory.
(Ord. 35 § 5, 1968)
The franchise granted under this Chapter 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 contained in
this Chapter 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 ever 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 therefor at the time of the acquisition thereof.
(Ord. 35 § 6, 1968)
The grantee of this franchise shall:
(a)
Construct,
install and maintain all pipes and appurtenances in accordance with
and in conformity with all of the ordinances, rules and regulations
heretofore or hereafter adopted by the legislative body of this City
in the 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 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;
(c)
To
indemnify and hold harmless the City and its officers from any and
all liability for damages proximately resulting from any operations
under this franchise;
(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 of grade, alignment or width of any public street,
way, alley or place, including the construction of any subway or viaduct
by the City; and
(e)
File
with the legislative body of the City within 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.
(Ord. 35 § 7, 1968)
If the grantee of this franchise fails, neglects or refuses
to comply with any of the provisions or conditions of this Chapter,
and does not, within 10 days after written demand for compliance,
begin the work of compliance, or after such beginning does not prosecute
the same with due diligence to completion, then the City, by its legislative
body, may declare this franchise forfeited.
(Ord. 35 § 8, 1968)
