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HomeMy WebLinkAbout0040 .: \ , ORDINANCE NO. q.o . . . . . . . . *~}*~}'Ui~*iH;. 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. {,.*.u.i~~H4-n*,} 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 cJMtl'>1.CVJ'lC,C_ ,1(>, -Y'O ( ), \ ' ,l : 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- o ActVVvCV>1..C<.- nv. ~/{) .' \ ' 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. O/).c-CV,1-O-"tC-L.., (2 O'J, '-(6 .. }, ' 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. o ;\. cQ.{/,'L~"~ (10 , tj () . 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 o ^,e~'\O-'V\Li'..- no I L/ () ~, i ~ ! · 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. o ACe.I/I'\,Ctffl-U.- fLc, i/ 0 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, ..:::;:-';:""~"'~" , ;1'):,: ~ ?~~',~~~~~ . ........;...- .,......-....,;...."./,..,....~., :: --. ::... .......... . ,to/. __ -,;:..:'" :::::::..... -:J~:::::~ . ~ ~ '"' .'. .. ~ 4-.:: ~ _ ~, ~ :-_ ~ ..-~". :; -: ...~..' - ..J .."" _....'" 'J' :f. / ..... ......-.. .....J-5 .. fI-. .....~__..,/ ....-: ~ J>...;; :_:~ .';.#' ,,,:.. PACIFIC LIGHT & POWER CORPORATION. By ~ Vice-President. 'A./7~ Secretary. 'i 1 , I 1 And I I (9.A~"'C-L. ;W, 'It? !