HomeMy WebLinkAbout62 - Southern Calif. Edison Franchise (Repealed by ORD 72)1
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ORMNi,MC6 N0, 62
URDIX�ICL GkA 3MG TU -jOU`1,HckN CALIFOhNIA EDISUN
GUMPiM, ITS SUCC&joURS AND AS:i1GK5 A FRANCHISE
TU USE AND TU GUNSTRU CT AND USE, FOk TRANSMITTING
AND DISTRIBUTING Z-"CTRICITY TO THS PUBLIC FOR
ANY .iND ALL PURPOSSj, POUbg oIRES CONDUITS AND
APPURTENANCSS, INGLUDING COMMMICA'aUN CIRCUITS,
N4096;;ARY OR PROPER THEREFOR IN, ALONG, ACROSS,.
UPON OVER AND U&Ah THS PUBLIC STREETS, 14AYS,
ALM6 AND PLACES 14ITHIN M' CITY OF COSTA MESA.
The City Council of the City of Costa Mesa does ordain
as follows:
Section 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 (unless, in the given instance, the context wherein
they are used shall clearly import a different meaning):
(a) The word "grantee" shall mean the corporation
to which the franchise contemplated in this ordi-
nance is granted and its lawful successors or
assigns:
(b) The word ACity" shall mean the City of
Costa Mesa, a municipal corporation of the State
of California, in its present incorporated form
or in any later reorganised, consolidated, enlarged
or reg -incorporated form;
(c) The word "streets" shall mean the public
streets, ways, alleys and places as the same now
or may hereafter exist within said City;
(d) The phrase "poles, wires, conduits and
appurtenances" shall mean poles, towers, supports,
wires, conductors, cables, guys, stubs, platforms,
crossarms, braces, transformers, insulators,
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conduits, ducts, vaults, manholes, motors, cut-outs,
switches, communication circuits, appliances, attach-
ments, appurtenances and any other property located
or to be located in, along, across, upon, over and
under the streets of the City, and used or useful in
the transmitting and/or distributing of electricity;
(e) The phrase "construct and use" shall mean to lay,
construct, erect, install, operate, maintain, use,
repair, replace or relocate.
Sggtiou 2. The franchise to use and to construct and
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use for transmitting and distributing electricity to the public
for any and all purposes, poles, wires, conduits and appurtenances,
including communication circuits, necessary or proper therefor in,
along, across, upon, over and under the streets within the City of
Costa Mesa, is hereby granted to Southern California Edison
Company upon the terms and conditions not forth in the Franchise
Act of 1937.
ect„oA,3. Said franchise shall be indeterminate, that
is to say, said 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 the grantee, or until the State or some municipal
or public corporation thereunto duly authorised by law shall pur-
chase by voluntary agreement or shall condemn and take under the
power of eminent domain, all property actually used and useful in
the exercise of said franchise and situate in the territorial
limits of the State, municipal or public corporation purchasing or
condemning such property, or until said franchise shall be
forfeited for noncompliance with its terms by the grantee.
Sect,,,iag 4. The grantee of said franchise shall, during
the term thereof, pay to said City, a sum annually which shall be
equivalent to two per cent (2%) of the gross annual receipts of
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said grantee arising from the use, operation or possession of said
franchise; provided, however, that such payment shall in no event
be less than a sum v;hich shall be equivalent to one per cent (1%)
of the gross annual receipts derived by grantee from the sale of
electricity within the limits of such City under said franchise.
4e0tion,1. The grantee hereof shall file with the Clerk'
of said City, within three (3) months after the expiration of the
calendar year, or fractional calendar year, following the date of
the granting of this franchise, and within three (3) months after
the expiration of each and every calendar year thereafter, a duly
verified statement showing in detail the total gross receipts of
said grantee, during the preceding calendar year, or such frac-
tional calendar year, from the sale of electricity within said
City. Such grantee shall pay to said City within fifteen (15)
days after the time for filing said statement, in lawful money of
the United :Mates, the aforesaid percentage of its gross receipts
for the calendar year, or such fractional calendar year, covered
by said stateatent. Any neglect, omission or refusal of said
grantee to file said verified statement, or to pay said percentage
at the time or in the manner hereinbefore provided, shall be
grounds for the declaration of a forfeiture of this franchise and
of all rights of grantee hereunder.
Sea_ tion 6. The grantee of this franchise shall file a
bond, running to the City of Costa Mesa, with at least two good
and sufficient sureties, to be approved by the legislative body
thereof, in the penal sur of One Thousand Collars (41,000.04),
conditioned that the grantee shall well and truly observe, fulfill
and perform each and every term and condition of this franchise,
and that in case of any breach of condition of said bond, the whole
amount of the penal sum therein named shall be taken and deemed to
be liquidated damages and shall be recoverable from the principal
and sureties upon said bond. Said bond shall be filed with the
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legislative body of the City of Costa Mesa within five (5) days
after the date of the granting of this franchise; and in case
said bond shall not be so filed, or shall not receive the approval
of the legislative body, this franchise shall be forfeited and
any money paid to the City in connection therewith shall likewise
be forfeited.
§OcU,ga 7. This franchise is granted under and in
accordance with provisions of said Franchise Act of 1937.
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1.0 ion 6. This ordinance shall become effective
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thirty (30) days after its final passage, unless suspended by
referendum petition filed as provided by law.
Soctioa 91, The grantee of this franchise shall pay to
the City a sum of money sufficient to reimburse it for all publi-
cation expenses incurred by it in connection with the granting
thereof; said payment to be made within thirty (30) days after
the City shall have Burnished said grantee with a written state -
meat of such expenses.
Section 10. The franchise granted hereby shall not
become effective until written acceptance thereof shall have been
filed by the grantee with the City Clerk..
Section 11. The City Clerk shall cause this ordinance
to be published once within fifteen (15) days after its passage
in the Costa Mesa Globe Herald, a newspaper of general circulation
published and circulated in said City.
First read at a regular meeting of the City Council of
said City held on the fit, day of S_ept a bier _, 1954t
and finally adopted and ordered published at a regular meeting of
said City Council held on the 4th day of October ! 1954s
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by the following vote:
AYES: Councilmen Martin, Pinkley, Smith,
TeWinkle and Mayor Nelson
WON 8: Councilmen _N NE
ABSENT: Councilmen NONE
ATTEST:
City Clerk of the ClAy o
Costa Mesa
,5_
th City of Costa Mesa