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HomeMy WebLinkAboutAGMT - Southern California Edison (Franchise Agreement)Schedule 4 SOUTHERN CALIFORNIA EDISON COMPANY FRANCHISE STATEMENT (RIECIEW D For the Calendar Year Ended December 31, 2014 Citv of Seal Beach MAR 2 3 2015 Franchise Ordinance No. 391 CITY CLERK a CITY OFSE•L .EACH Computation of franchise payment: Two percent (2 %) of gross annual receipts arising from use, operation,' or possession of franchise, but not less than one percent (1 %) of gross annual receipts derived from sale of electricity within limits of City, plus Direct Access Municipal Surcharge. Item a. Gross annual receipts derived from sale of electricity within limits of City. $ 24,996,753.42 b. One percent (1 %) of gross annual receipts derived from sale of electricity within limits of City. $ 249.967.53 Item 1. Gross annual receipts derived from sale of electricity in all service areas. $12,580,719,404 2. Original cost of electric plant, exclusive of electric plant held for future use, intangible plant, new construction work not yet in operation and rental properties. $36,546,743,893 3. Original cost of transmission and distribution systems, consisting of towers, poles, underground conduits, conductors, line transformers, services and appurtenances. $19,442,038,898 4. Gross annual receipts allocable to transmission and distribution systems: Item 1 x Item 3 $ 6,692,657,402 Item 2 5. Total miles of transmission and distribution systems. 77,690.09 6. Miles of transmission and distribution systems trader franchise in City. 32.20 7. Gross annual receipts arising from use, operation, or possession of franchise: Item 4 x Item 6 $ 2,773,887.48 Item 5 8. Two percent (2 %) of item 7. $ 55,477.75 Direct Access Municipal Surcharge $ 28,080.31 FRANCHISE PAYMENT $ 278,047.84 A notan public or other ofhccr completing this cermicate venhes onh� the identity of the individual ivho signed the docurnent to nhich this certificate is attache�t, and not the truthfulness, accuracy, or valtdity of that document. VERIFICATION CERTIFICATE State of Cahforma County of Los Angeles On starch 1k . 2015, before me, P J. Haljar, personally appeared Ernest Hen><mdez, who proved to me on the basis of satistzctory evidence to be the person whose name is subscribed to the withm uvshmnent and acknowledged to me that he executed the same in hus authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the vishmment. I certih, under PENALTY OF PERJURY wider the laivs of the State of Cahtonna that the foregoing paragraph is true and correct P. J. HAJJAR Commission A 2082121 go Notary PuWlc • California Los Angeles County Comm. igires Oct 16, 2018+ WITNESS my hand nd official seal. Signature I hereby certifY that the toregoing Franchise Statement is based on the Companv's accounting records for the year ended December 31, 2014, and accurately reflects the use nt such records in the preparation thereof to the best of my knowledge and belief. �j Ernest.. Hernandez 1\4anager, Billing and Payment Processing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Indeterminate 1937 Act 2 %& 1% Bond = $1000 ORDINANCE N0, 391 ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY. TO TIE PUBLIC FOR ANY AND ALL PURPOS S, POLES, WJRBS, CONDUITS AND - APPURTENANCES, .INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER THEREFOR IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC SUM-TS, WAYS, ALLEYS AND PLACES WITHIN 'THE CITY OF SEAL BEACH. The City Council of thgsej„$,y gNeal Beach does ordain as follows: - - Section 1. Whenever in this ordinance tho words or phrases hereinafter in this section definod are need, they shall have the respective msanings 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) Tho 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 Seal Beach, 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 moan poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, con - duito, ducts, vaults, :maholoo, motors, cut -outs, _1_ -- - 1 2 3 `J 4 5 6 ( 7 8 9 10 7.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a_7 28 29 30 31 32 switches, communication circuits, appliances, attachments, appurtenances and any othor prop - -arty 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; (a) The phrase "construct and use" shall mean to lay, construct, erect, install, operate, main- tain, 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, wiros, conduite and appurtenances, including communication circuits, necessary or proper therefor in, along, across, upon, over and under the streets within the City of Seal Beach, is hereby granted to Southern California Edison Com- pany upon the terms and conditions net forth in the Franchise Act of 1937• Section 3. Said franchise shall be indeterminate, that is to nay, said franchise shall endure in full force and offset untj.l the same shall, with the consent of the Public Utilitiee- 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 exorcise 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 4. The grantee of said franchiso 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 -2- I i \J i I said grantee arising from the use, operation or possession of said 2 - franchise; provided,. however, that such payment shall in no event 3 be Less than a cum which shall be equivalent to one per cent (1%) 4 - of the gross annual receipts derived by grantee from the sale of 5 i electricity within the limits of such City under said franchise. 6 Section .. The grantee hereof shall file with the Clerk 7 of said City, within three (3) months after the expiration of the 8 - calendar year, or fractional calendar year, following the date of 9 the granting of this franchise, and within three (3) months after 10 the expiration of each and every calendar year thereafter, a duly 11 verified statement showing in detail the total gross receipts of 12 said grantee, during the preceding calendar year, or such fraction - 13 al calendar year, from the sale of electricity within said City. 14 Such grantee shall pay to said City within fifteen (15) days after 15 the time for filing said statement; in lawful money of the United 16 i States, the aforesaid percentage of its gross receipts for the 17 calendar year, or such fractional calendar year, covered by said 18 statement. Any neglect, omission or refusal of said grantee to 19 file said verified statement, or to pay said percentage at the 20 time or in the manner hersinbefore provided, shall be grounds for 21 the doclaration of a forfeiture of this franchise and of all 22 rights of grantee hereunder. 23 Section 6. The grantee of this franchise shall file a 24 bond, running to the City of Seal Beach, with at least two good 25 and sufficient sureties, to be approved by the logielative body 26 thereof, in the penal sum of One Thousand Dollars ($1,000.00),.- 27 conditioned that the grantee shall well and truly observe, fulfill 28 and perform each and every term and condition of this franchise, 29 and that in case of any breach of condition of said bond, the whole 30 I amount of the panel sum therein named shall be taken and deemed to 31 be liquidated damages and shall be recoverable from the principal 32 and sureties upon said bond. Said bond shall be filed with the -3- =4- I legislative body of the City of Seal Beach within five (5) days 2 after the date of the granting of this franchise; and in case said 3 bond shall not be so filed, or shall not receive the approval of 4 the legislative body, this franchise shall be forfeited and any 5 money paid to the City in connection therewith shall likewise be 6 forfaited. 7 Section This franchise is granted under and in 8 accordance with provisions of said Franchise Act of 1937. 9 - Section 8. This ordinance shall become effective 10 thirty (30) days after its final passage, unless suspended by - 11 I referendum petition filed as provided by law. -- 12 Section 9. The grantee of this franchiso shall pay to 13 the City a sum of money sufficient to reimburse it for all publi- 14 cation expenses incurred by it in connection with the granting. 15 thereof; said payment to be made within thirty (30) days after the 16 City shall have furnished said grantee with 'a written statement of 17 such eapensee. 18 - - Section 10, The franchise granted hereby shall not be- 19 I come effective until written acceptance thereof shall have been 20 filed by the grantee with the City Clark, 21 Section 11. The City Clerk shall cause this ordinance _ 22 to be published once within fifteen (15) days after its passage i 23 in The Seal Beach Post & Wave , a newspaper of general 24 circulation published and circulatofl in said City. 25 rirst read at a regular meeting of the City Council of - 26 said City held on the nth day of June y 1950, and finally 27 ' adopted and. ordered- published at a regular meeting of said 26 Council hold on the 19th day of June , 1950, by the 29 I 30 31 32 =4- 1 2 . 3 I. 4 5 6 7 8 9 10 11 12 13 14 15 16 i U 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 following veto: AYES: Councilmen Bowers, Granger, Leonard, Webeter, Shufelt NOES: Councilmen None ABSENT; Councilmen None ATTEST: /e/ Sohn W. Malcahy City Clerk of the City of Seal Beach (SEAL) -5- /s/ Frank L. Shufolt Mayor -of the City of Seal Beach