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ORDINANCE NO. 773
AN ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON
COl~PANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE,
FOR TRANSMITTING fu~D DISTRIBUTING ELECTRICITY WITHIN THE
CITY OF ARCADIA FOR A}IT AND ALL PURPOSES OTHER THAN THOSE
AUTHORIZ3D UNDER SECTION 19 OF ARTICLE XI OF. THE CONSTI-
TUTION OF THE STATE OF CALIFORNIA, AS SAID SECTION EXISTED
PRIOR TO ITS AME}ID~ffiNT ON OCTOBER 10, 1911, ALL POLES,
WIRES, CONDUITS, A0~ APPURTENANCES, WHICH ARE NOW OR MAY
HEREAFTER BE LAWFULLY PL.t\.CED IN THE PUBLIC STREETS, ALLEYS,
WAYS, AND PLACES, WITHDf SAID CITY, AND TO CONSTRUCT AND
USE IN SAID PUBLIC STREETS, ALLEYS, WAYS, AND PLACES ALL
POLES, WIRES, CONDUITS, AND APPURTENANCES, NECESSARY OR
PROPER FOR S AID PURPOSES 0
THE CITY COUNCIL OF THE CITY OF ARCADIA 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
respec ti ve mes.nings ass igned 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 mea.'1 the corporation to which
the franchise contemplated in this ordinance is granted and its
lawful successors or assiens;
(b) The word "city" shall mean the City of Arcadia, a muni-
cipal corporation of the State of California, in its present in-
corporated form or in any later reorganized, consolidated, enlarged
or reincorporated form;
(c) The word "streets" shall mean the public streets, alleys,
ways 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, conductors, ducts, crossarms,
conduits, cables, meters, insulators, guys, stUbs, platforms,
braces, transformers, wires, cut-outs, switches, vaults, manholes,
appliances, a tt;achments, appurtenances and any other property,
including communication circuits for the private use of the grantee,
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located, or to be located, in, upon, along, across, under, or
over the streets of the city and used or useful in the trans-
mitting and/or distributing of electricity;
(e) The phrase "construct and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair or replace;
(f) The phrase "constitutional franchise" shall mean the
right acquired through acceptance by said grantee or its predecessors
in estate of the offer contained in the provisions of Section 19
of Article XI of the Constitution of the state of California, as
said section existed prior to its amendment on October 10, 1911,
and now owned by said grantee which entitles it to use the public
streets and thoroughfares of s aid City for introducing and supply-
ing such city and its inhabitants with illuminating light.
SECTION 2. The franchise (a) to use, for transmitting and
distributing electricity within the City of Arcadia for any and
all purposes other than those authorized under said constitutional
franchise, a~l poles, wires, conduits, and appurtenances, which
are now or may hereafter be lawfully placed on, in or under the
streets within s aid City, and (b) to construct and use in said
streets all poles, wires, conduits, and appurtenances, including
communication circuits for the private use of the grantee, neces-
sary or proper for s aid purposes, is hereby granted to Southern
California Edison Company, upon the terms and conditions set
forth in the Frrochise Act of 1937.
SECTION 3. Said franchise shall be indeterminate, that is
to say, said f:panchise 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 s orne municipal or public
corporation thE,reunto duly authorized by law shall purchase by
voluntary agreElment or s hall condemn and take under the power of
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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 purchas-
ing or condemning such property, or until said franchise shall
be forfeited j:or noncompliance with its terms by the possessor
thereof.
SECTION 4. The grantee of said franchise s hall, during the
term hereof, pay to s aid city, during the life of the froo chise,
a sum annually which s hall be equivalent to two per cent (2%) of
the gross annual receipts of s aid grantee arising from the use,
operation or possession of s aid franchise; provided, however,
that ~uch payment shall in no event be less than a sum which
shall be equivalent to one-half per cent (1/2%) of the gross
annual receipts derived by grantee from the s"ale of electricity
within the limits of such city under said franchise and said
constitutional franchise..
SECTION 5.. The gran tee hereof s hall file VI i th the City Clerk
of the City of Arcadia within three (3) months a iter the e xpira-
tion 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 there-
after, a duly verified statement showing in detail the total gross
receipts of s aid grantee during the preceding calendar year, or
such fractional calendar year, from the s ale of the electricity
within the said City. It shall be the duty of t he grantee to
pay to the City of Arcadia, within fifteen (15) d~ys 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 s aid verified statement, or to pay s aid 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
hereunder.
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SECTION 6. This franchise is granted under and in accordance
with the provisions of s aid Franchise Act of 1937.
SECTION 7. This ordinance shall become effective thirty (30)
days after its final passage, unless suspended by a referendum
petition filed as provided by law.
SECTION 8. The grantee of this franchise s hall pay to the
City a sum of money sufficient to reimburse it for all publica-
tion expenses incurred by it in connection with the gran ting
hereof; said payment to be made within thirty (30) days after
the City s hall have furnished s aid grantee with a written s tate-
ment of such expenses.
SECTION 9. The franchise granted hereunder s hall not be-
come effective until written a cceptance thereof by the grantee
shall have been filed with the City Clerk. When so filed, such
acceptance shall constitute the continuing agreement of such
grantee that if and when the City shall thereafter annex, or
consolidate with, additional territory, any and all franchises,
rights and privileges owned by the grantee therein, except the
franchise derived under said constitutional provision, shall
likewise be deemed to be abandoned wi thin the limits of such
territory.
SECTION :LO. The franchise granted hereunder s hall not in
any Vlay or to any extent impair or affect the right of the City
to acquire thB property of the gpantee hereof either by purchase
or through the exercise of the right of eminent domain, and
nothing herein contained 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 COlwt or other pUblic authority in any proceeding of
any character in excess of the cost to the gr!l;Dtee of the necessary
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publication ~~d any other sum paid by it to the City therefor at
the time of the acquisition thereof.
SECTION 11. The grantee of this franchise shall file a
bond, running to the City, with at least two good and sufficient
sureties, to be approved by the legislative body thereof, in a
penal sum of One thousand dollars ($1,000.00), conditioned that
the grantee s:"lall 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 s aid bond the whole amount
of the penal sum therein named shall be taken and deemed to be
liquidated dwnages, and shall be recoverable from the principal
and sureties upon said bond. Said bond shall be filed with the
legislative body of the City 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 legis-
lative body, this franchise shall be forfeited and any money paid
to the City in connection therewith shall likewise be forfeited.
SECTION 12.
The grantee of this franchise shall
(a) Construct, install and maintain all poles, wires, con-
duits, 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 para-
,
mount 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 this grantee
under this franchise;
(c) Indemnify and hold harmless the city and its officers
from any and all liability for damages proximately resulting from
any operations under this franchise;
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(d) Remove or relocate, without expense to the City,
and facilities installed, used and maintained under this f ran-
chise if and when made necessary by any lawful c p.ange of grade,
alignment or width of any public street, way, alley, or place,
including the construction of any subway or viaduct by the
Ci t:T, and
(e) Pile with the lec;is 10. ti ve bod:T of the City vii thin
thirty (30) days after any sale, transfer, assignment or lease
of this franchise, or any part thereof, or any of the rights
or privileges granted thereby, written evidence of the same,
certified thereto by the erantee or its duly authorized
officers.
SECTION 13. (a) If the grantee of this franchise shall
fail, neglect or refuse to comply with any of the provisions
or conditions hereof, and shall not, within t en (10) days
after written demand for compliance, begin t he work of c om-
pliance, or after such beginning s hall not prosecute the s ame
with due diligence to completion, then the City, by its
legislative body, may declare this franchise forfeited.
(b) The City may sue in its ovm name for the forfeiture
of this franchise, in the event of noncor.wliance by the grantee,
its successors or assigns, with any of the conditions thereof.
SECTIOW 14. The City Clerk shall certify to the adoption
of this Ordinance and prior to the expiration of fifteen (15)
days from t:1e passage thereof shall cause the same to be pUb-
lished once in the Arcadia Bulletin, a newspaper of general
circulation, published and circulated in the City of Arcadia,
and thirty (30) days from and after the final passage thereof
said Ordinance shall take effect a!1d be in force.
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I HEREBY CERTIFY that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of , Arcadia,
held on the 20th day of September, 1949, by the a ffirmative vote
of at least tt~Councilmen, to wit:
AYES:, Councilmen, Klomp, Libby and Russell
NOES: None
ABSENT: Councilmen Boucher and Nugent
~
City Clerk of the City of
cadia
SIGllliD AND APP~OVED
THIs~~z'r,
.
Mayor of the City of Arcadia
ATTEST:
KL)'
City!::7
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