La Mirada Municipal Code Art. 7 Violations; Severability

(a) Any person who violates any provision of this Part I is guilty of a misdemeanor and is punishable as provided for in Chapter 1.08 of Title 1 of this code.

(b) The misdemeanor penalty specified above in paragraph (a) is not applicable to a violation of any provision of this Part I for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the city and a multichannel video programming distributor or telecommunications service provider.

(c) The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this Part I.

(Ord. 568 § 2 (part), 2001).

If any provision of this Part I is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct, and independent part of this Part I, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this Part I determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding on the city and any affected cable or telecommunications service provider; provided, however, that the city must give the affected cable or telecommunications service provider 30 days written notice of that change before requiring compliance with that provision, or such longer period of time as may be reasonably required for the cable or telecommunications service provider to comply with that provision.

(Ord. 568 § 2 (part), 2001).

II. SOUTHWEST SUBURBAN WATER

Whenever in Sections 4.50.250 through 4.50.350 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) "Grantee" means the city of La Mirada, a municipal corporation of the state, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated forms.

(b) "City" means the city of La Mirada, a municipal corporation of the state, in its present, incorporated form or in any later reorganized, consolidated, enlarged or reincorporated forms.

(c) "Streets" means the public streets, ways, alleys and places except state freeways, as the same now or may hereafter exist within the city.

(d) "Pipes and appurtenances" means 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) "Use" or "lay and use" means to lay, construct, erect, install, operate, maintain, use, repair, replace, relocate, or remove.

(Ord. 383 § 2, Ex. A (part), 1986).

The right, privilege and franchise, subject to each and all of the terms and conditions contained in Sections 4.50.240 through 4.50.350, and pursuant to and upon the terms and conditions of Division 3, Chapter 2 of the Public Utilities Code of the state (the "Franchise Act of 1937"), is granted to Southwest Suburban Water, a corporation organized and existing under and by virtues of the laws of the state, to use and to lay and use pipes, conduits and appurtenances for transmitting and distributing water for any and all purposes, in, along, across, upon and under the public streets, ways, alleys and places as they now exist or may hereafter exist within the city.

(Ord. 383 § 2 Ex. A (part), 1986).

The term of this franchise shall be twenty- five years from and after the date of which the ordinance granting the franchise becomes effective.

(Ord. 383 § 2 Ex. A (part), 1986).

For each full or fractional calendar year of the life of this franchise, the grantee shall pay to the city at the times hereinafter specified, in lawful money of the United States, the sum annually which shall be equivalent to two percent of the gross annual receipts of the grantee arising from the use, operation or possession of this franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the grantee derived from the sale of water within the limits of the city.

(Ord. 383 § 2 Ex. A (part), 1986).

The grantee shall file with the city administrator, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three 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 days after the time for filing said statement, in lawful money of the United States, the percentage required by Section 4.50.270 of its gross receipts for the calendar year or fractional year, covered by said statement. Any neglect, omission or refusal by the grantee to file the verified statement, or to pay the percentage, at the times or in the manner hereinabove provided, shall constitute grounds for the declaration of a forfeiture of this franchise and of all rights of the grantee under Sections 4.50.240 through 4.50.350.

(Ord. 383 § 2 Ex. A (part), 1986).

This grant is made in lieu of all other franchises, rights, or privileges 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:

(1) An abandonment within the limits of the city of all such other franchises, rights and privileges in lieu of which this franchise is granted; and

(2) An agreement to comply with the terms and conditions of Sections 4.50.240 through 4.50.350.

(Ord. 383 § 2 Ex. A (part), 1986).

The franchise granted under Sections 4.50.240 through 4.50.350 shall not become effective until written acceptance thereof has been filed by the grantee with the city clerk of the city. When so filed, such acceptance shall constitute a continuing agreement of the grantee that if and when city thereafter annexes or consolidates with additional territory, any and all franchises, rights and privileges owned by the grantee therein shall likewise be deemed to be abandoned as to all streets within the limits of such territory.

(Ord. 383 § 2 Ex. A (part), 1986).

The franchise granted under Sections 4.50.240 through 4.50.350 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 Sections 4.50.240 through 4.50.350 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 costs due 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. 383 § 2 Ex. A (part), 1986).

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, realignment of right-of-way, change in width, construction or reconstruction of any such street, or any portion thereof. Within thirty days after receipt by the 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 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 properly 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 generally recognized engineering and construction methods, and to permit the maintenance, operation and use of the street as so improved. The grantee shall relocate customer service lines for the full width of the right-of-way and reconnect in a workmanlike manner. All of such things shall be done and the work shall be performed by the grantee at its sole costs and expense. In the event that the city hereafter constructs, installs, reconstructs or repairs 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 is increased in order to provide for the installation, maintenance or operation of any such pipes or appurtenances in or on the street area on which said bridge or other artificial support covers or underlies, then the grantee shall pay to the city the full amount of such increase of cost, upon completion of such construction, installation or repair. Any damage done directly or indirectly to any such public improvement by the grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duties under or pursuant to the provisions of this franchise, shall be promptly repaired by the said grantee at its sole cost and expense.

(Ord. 383 § 2 Ex. A (part), 1986).

The grantee of this franchise shall:

(a) Construct, install and maintain all pipes and appurtenances in accordance and in conformity with all of the applicable ordinances and rules and regulations heretofore or hereafter adopted by the city council in the exercise of its police powers and not in conflict with the paramount authority of the state, 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 maintaining 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 as good condition as it was prior to said excavation, as well as to conform to the statutes of the state and the ordinances of the city as they now exist or may hereafter be amended with respect to the securing of permits for excavations, filling and obstructions of the 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;

(c) Indemnify and hold harmless the city and its officers from any and all liability from damage proximately resulting from operations under this franchise, and be liable to the city for all damage proximately resulting from the failure of the 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;

(d) Remove or relocate, without expense to the city, and facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of 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 franchise 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 accommodate construction of any state freeway;

(e) File with the city council within thirty days after any sale, transfer, assignment or lease of this franchise to another water purveyor, 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.

Any sale, transfer, assignment or lease of this franchise, to any other party, or any part thereof, or of any of the rights and privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers shall be submitted to the city council for their approval before such transfer can be made;

(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 indirectly, any right, power or privilege under this franchise or in performing any duty under or pursuant to any of the provisions of this franchise;

(g) Pay to the city on demand the cost of resurfacing public streets, alleys or highways, that have not been returned to a satisfactory condition within seventy-two hours after notification of intent by the city to the company to correct the condition caused by the company;

(h) Any pipelines abandoned or removed from service shall be in conformance with accepted waterworks practices.

(Ord. 383 § 2 Ex. A (part), 1986).

(a) If the grantee fails, neglects or refuses to comply with any of the provisions or conditions of Sections 4.50.240 through 4.50.350 and does not within ten 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 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 of this chapter.

(Ord. 383 § 2 Ex. A (part), 1986).

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 days after the city furnishes the grantee with a written statement of such expenses.

(Ord. 383 § 2 Ex. A (part), 1986).