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HomeMy WebLinkAbout0773 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, 1. II'PE~'D (JA.-cl. 7:73 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 2. O/td 77,'J' 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. 3. O/fC1 77~ 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 4. 01.cl 77;J 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; 5. O/.l-("L 7 7 :;y (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. 6. {Jt-c./ 77~ 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 7. O,4('J 77'0 ,