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ORDINANCE
NO.
q.o
. . . . . . . .
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An Ordinance granting to the Paci:f'ic Light & Power Corporation
a :f'ranchise to construct and f'or a period of' :f'if'ty (60) years to
operate and maintain an electric pole and wire system upon all the
streets, alleys and thoroughfares in the City of Arcadia.
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The' Board of Trustees of the City of Arcadia do ordain as
f'ollows:-
SECTIO:N 1.
That the right, privilege and franchise is hereby
granted to the Pacif'ic Light & Power Corporation to construct and :f'or
the period of' :f'if'ty (50) years to operate and maintain an electric pole
and wire system f'or the purpose of' conducting, transmitting and dist-
ributing elect:ricity and electrical energy for lighting, heating and
power purposes and f'or any and, all other purposes for which electricity
can be used, upon and along all the streets, alleys and thoroughf'ares
in the City of' Arcadia.
Togeth'~r with the right to construct and maintain cross-arms,
conductors, guy wires, insulators and any and all other necessary or
convenient appliances or attachments.
SECTION 2.
Said f'ranchise is hereby granted upon the terms
and conditions hereinafter contained, and said grantee shall file with
the Clerk of' the said Board of' Trustees a written acceptance thereof'
within thirty Clays after the passage of' this Ordinance.
That the pole and wire system to be constructed under this
franchise shall be built in a good and workmanlike manner, and of
good material, and that all wires, extending over and along any of'
said streets, alleys or thoroughfares shall be placed at least twenty
(20) feet from the ground and shall be thoroughly insulated and pro-
tected by guard wires wherever the Board of Trustees shall deem it
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necessary, and that all poles to be erected and maintained hereunder
shall be at least eight (8) inches in diameter at the base and six
(6) inches in diameter at the top, and at least twenty-five (25)
feet in height, and shall be of good material as aforesaid, and shall
be erected, located and maintained in conformity with instructions
from the Board of Trustees.
And unless otherwise ordered, all poles shall be placed
flush with the outer edge of the highways where there are no side-
walks, and flush with the curb lines where there are sidewalks, and
adjacent poles shall not be placed nearer together than one hundred
feet, except at cross-roads. When any of said poles or wires shall
become an obstruction to the use of said highways or dangerous to the
users thereof, said Board of Trustees shall have the right to order
them removed at the expense of the grantee of this franchise, its
successors or assigns. ,
And in the event that said grantee, or its successors or
assigns shall fail to comply with any instructions of said Board of
Trustees with respect to the location, erection or maintenance of said
poles and wires, or any of them within ten days after the service of
written notice upon said grantee, its successors or assigns, requiring
compliance therewith, then said Board of Trustees may immediately do
the work on said electric system necessary to carry out said in-
structions, at the cost and expense of said grantee, its successors
or assigns, which cost, by the acceptance of this franchise, said
grantee, its successors or assigns, agree to pay upon demand.
SECTION 3. That the work of constructing said pole and
wire system shall be commenced in good faith within not more than four
months from the date of the granting of said franchise, and shall be
continuously prosecuted thereafter in good faith and without un-
necessary or avoidable intermission or clelllY; that said work of con-
struction sha.ll be completed within not more than three years there-
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after;
and that if said work be not so commenced, prosecuted or
completed within the times or in the manner specified, said franchise
shall be forfeited.
SECTION 4. That the Board of Trustees of said City of
Arcadia shall have the right to regulate and fix the charges of said
grantee, his or its successors or assigns, for electricity and elec-
trical energy furnished or distributed through or over said \fires
and for the making of connections to said wires \fhen not otherwise
provided by law, provided the rates so fixed shall be reasonable.
SECTION 5. That the grantee of said franchise, shall upon
request from any person residing or having a place of business upon
property abutting upon any street or highway along which wires under
the provisions of this franchise shall be installed and maintained,
and upon the ]luyment of the grantee's reasonable charge for making
the connection and for furnishing electricity and electrical energy,
furnish to such person an adequate supply of electricity and electrical
energy for donestic or manufacturing use.
The tenn "grantee" as used herein shall be held to ,include
the grantee, its, his or their successors and assigns.
SECTION 6. That the said grantee and its successors or
assigns shall during the life of said franchise pay to the City of
Arcadia in lawful money of the United States, t,wo per cent. of the
gross annual receipts of such grantee, its successors or a~signs,
arising from the use, operation or possession of said franchise,
including moneys received for the use, sale, rental or furnishing
of electricity for power, light, heat or any other purpose whatsoever.
No percentage shall be paid for the first five years succeeding the
date of said franchise, but thereafter such percentage shall be
paid annually.
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And it shall be the duty of the grantee of said franchise
and of its successors or assigns, to file with the Clerk of the Board
of Trustees at the expiration of six years from the date of granting
of said franch:lse, and at the expiration of each and every year there-
after, a statrnnent verified by the oath of said grantee, or its
successors or assigns, or by the oath of the manager or presiding
officer of said grantee, or its successors or assigns, showing in
detail the total gross earnings collected or received by said grantee,
or its successors or assigns, during the preceding twelve months for
the use, sale, rental or furnishing of electricity for power, light,
heat or any other purpose whatever, from any part of the system for
the construction and operation of Which said franchise is granted,
and within ten days after the time for filing the aforesaid statement
it shall be the duty of said grantee, and of its successors or assigns,
to pay to the lloard of Trustees of the City of Arcadia, the aggregate
sum of the saili percentage upon the amount of the gross annual receipts
arising from the use, operation or possession of said franchise, and.
if the amount !)aid is incorrect in the judgment of the Board of
Trustees they may order the payment of such additional sum as they
may find due hereunder, and if not paid, the same may be collected
by suit. And any neglect, omission or refusal by said grantee,
or its successors or assigns, to file said verified statement or to
pay the said percentage of the said gross annual receipts at the times
or in the manner hereinbef'orc provided shall ipso facto work a for-
feiture of said franchise and of all rights thereunder to the City of
Arcadia.
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SECTION 7.
That the said' grantee, or its successors' or!
assigns shall not sell, transfer or assign said franchise or any of
the rights or privileges granted thereby, except by a duly executed
instrument in writing filed in the office of the Board of Trustees
of the City of Arcadia; and provided, further, that nothing in said
franchise cont.ained shall be construed to grant to said grantee or
its successors or assigns any right to sell, transfer or assign
said franchise or any of the rights or privileges thereby granted,
except in the manner aforesaid.
SECTION 8.
That any neglect, failure or refusal to comply
with any of the conditions of said franchise shall thereupon immed-
iately ipso facto effect a forfeiture thereof, and the said City,
by its Board of Trustees may thereupon declare said franchise for-
feited, and may exclude said grantee or its successors or assigns
from further use of the highways of said City under said franchise,
and said grantee or its successors or assigns shall thereupon and
immediately surrender all rights in and to the same, end said fran-
chise shall be deemed and shall remain null, void and of no effect.
SECTION 9.
The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published once in
the Monrovia Messenger, a weekly newspaper published and circulated
in the City of Monrovia, California, and shall cause the same to be
in
poste~t least three public places in said City of Arcadia and there-
upon and thereafter the same shall be in full force and effect.
Passed by the Board of Trustees of ~e
regular meeting held upon the 0 '
Ci ty of Arcadia at
their
day of
,
1914, by
Ayes:
the affirmative vote of at least three Truste
Truste~4?"n~ ~1.h,54Iter ~~
, to-wit:-
Noes:
None.
....>~
.tYf
,
;r
, 1914.
and signed and. approved this
_L/ ~ e. e . -'.ard.
ATT~~ ~n .. 'keitY_o,.>"a"'a.
etll ~ . ~L4 .7'
Vi ty V er 0 Ci ty of Arcadia.
Trustees
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STATE OF CALIFORNIA, )
) SSe
City of' Arc~ tf~ _ .
I, , ~~ /d.J Cl ty
Clerk of' the City of' Arcadia,
do hereby certify that the f'oregoing Ordinance "as duly adopted
by the Board of Trustees of' the City of Arcadia, State of Cali-
fornia, and signed by the presid~of said B9
meeting thereof, held on the h day of' '
1914, and that the same was passed by the f
regular
,
vote, to-wit:
Ayes: ~I ~ ~ ~Q1~
~
Absent: <i>~
Noes:
~g&~
City Clerk of' the City of
Arcadia.
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PACIFIC LIGHT & POWl::R CoRPORATION
624 PACIFIC ELECTRIC BUILDING
Los ANGELES. C"'L.
June 9, 1914.
To the Honorable Board or Trustees,
of the City or Arcadia, california,
and to the Clerk of the said Board.
Gentlemen:~
The undersigned, pacific Light & Power Corporation
hereby accepts the Electrical Transmission and Distributing
Line Franchille gI".Lnted to it by your Honorable Body, and describ-
ed in Ordinance No. 40 adopted by your Honorable Board on June
6 th, 1914, and agrees to comply with the terms and condi tions
thereof.
Dated at Los Angeles, California, June 9th, 1914.
Respectfully,
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PACIFIC LIGHT & POWER CORPORATION.
By
~ Vice-President.
'A./7~
Secretary.
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And
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