HomeMy WebLinkAbout72 - Southern California Edison Franchise1
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ORDINANCE NO. 72
ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON
COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE.
TO USE AND TO CONSTRUCT AND USE, FOR TRANSKETTING
AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR
ANY AND ALL PURPOSES, POLES, WIRES CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS,
NECESSARY OR PROPER THEREFOR IN, ANG, ACROSS,
UPON OVER AND UNDER THE PUBLIC STREELOTS, WAYS
ALLHS AND PLACES WITHIN THE CITY OF COSTA ;EAA.
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 "City" shall mean the City of Costa
Mesa, a municipal corporation of the State of
California, in its present incorporated form or
in any later reorganized, consolidated, enlarged
or re -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, con-
duits, ducts, vaults, manholes, meters, cut-outs,
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switches, communication circuits, appliances, attach -
menta, 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.
Section, 2. The franchise to use and to construct and use
for transmitting and distributing electricity to the public for any
and all purposes, poles, wires, conduits and appurtenances, includ-
ing 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 set forth in the Franchise Act of 1937.
Se tion 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 authorized 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 for-
feited for noncompliance with its terms by the grantee.
Section la. 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
said grantee arising from the use, operation or possession of said
franchise; provided, however, that such payment shall in no event
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be less than a sura which shall be equivalent to one per cent (lye)
of the gross annual receipts derived by grantee from the sale of
electricity within the limits of such City under said franchise.
Section 5. 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) day:
after the time for filing said statement, in lawful money of the
United States, the aforesaid percentage of its gross receipts for
the calendar year, or such fractional calendar year, covered by
said statement. 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 r
of grantee hereunder.
Section k. 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 sum of One Thousand Dollars ($1,000.00),
conditioned that the grantee shall well and truly observe, fulfill
and perform each and every term and condition of this franchise,
andithat in case of any breach of condition of said bond, the
whole amount of the penal sun 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 legislative body of the City of Costa Mesa within five
(5 ) days after the date of the granting of this franchise; and in
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case said bond shall not be so filed, or shall not receive the
approval of the legislative body, this franchise shall be forfeite
and any money paid to the City in connection therewith shall like-
wise be forfeited.
Section 7. This franchise is granted under and in
accordance with provisions of said Franchise Act of 1937.
Section 8. This ordinance shall become effective thirty
(30) days after its final passage, unless suspended by referendum
petition filed as provided by law.
Section 9. The grantee of this franchise shall pay to
the City a sum of money sufficient to reimburse it for all publica.
tion expenses incurred by it in connection with the granting
thereof; said payment to be made within thirty (30) days after the
City shall have furnished said grantee with a written statement 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. Ordinance No. 62, which was adopted on the
4th day of October, 1954, be and it hereby is repealed.
Section 12. 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 i5th day of November , 19549
and finally adopted and ordered published at a regular meeting of
said City Council held on the 6th day of December , 19541
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by the following vote:
AYES: Councilmen Nelson, Martin, Pinklpy, Smith and
TeWinkle
NOES: Councilmen NONE
ABSENT: Councilmen NONE
ATTEST:
city Cle-FE o the City Of Co9ta MR
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STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, hereby certify
that the above and foregoing Ordinance No. 72 was passed and adopted at
a regular meeting of the City Council of the City of Costa Mesa held on
the 6th day of December, 1954, by the following vote:
AYES: COUNCILMEN Nelson, Martin, Pinkley, Smith and TeWinkle
NOES: COUNCILMEN None
ABSENT COUNCILMEN None
I further certify that thereupon the ordinance was signed by the Mayor
of the.City of Costa Mesa.
— = City Clerk of the City ,of dosta Mesa
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