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Home My WebLink AboutCC Ord 391 1950-06-19 I I I < " " " 1 2 3 ORDINANCE NO. .3Q/ , 4 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 THE PUBLIC FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER THEREFOR IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF SEAL BEACH. 5 6 7 8 9 The City Council of the City of Seal Beach does ordain 10 as follows: 11 Section 1. Whenever in this ordinance the words or 12 phrases hereinafter in this section defined are used, they shall 13 have the respective meanings assigned to them in the following 14 definitions (unless, in the given instance, the context wherein 15 they are used shall clearly import a different meaning): 16 17 18 19 20 21 22 23 24 25 (a) The word "grantee" shall mean the corporation to which the franchise contemplated in this ordi- nan.ce is granted and its lawful successors or 26 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 mean pOles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, con- duits, ducts, vaults, manholes, meters, cut-outs, 27 28 29 30 31 32 -1- +I~ I I I , . Ordinance Number 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 switches, communication circuits, appliances, attachments, appurtenances and any other prop- erty 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; (e) 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, wires, conduits 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 set forth in the Franchise Act of 1937. Section 3. Said franchise shall be indeterminate, that is to say, said franchise 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 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 exercise 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 ~erms by the grantee. Section 4. The grantee of said franchise 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 I 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 , . Ordinance Number . .. y. . ' said grantee arising from the use, operation or possession of sai franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one per cent (1%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such City under said franchise. Section 5. The grantee hereof shall file with the Cler of said City, within three (3) months after the expiration 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 thereafter, a duly verified statement showing in detail the total gross receipts of said grantee, during the preceding calendar year, or such fractkm al calendar year, from the sale of electricity within said City. Such grantee shall pay to said City within fifteen (15) days afte 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 said verified statement, or to pay said percentage at the time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. Section 6. The grantee of this franchise shall file a bond, running to the City of Seal Beach, with at least two good and sufficient sureties, to be approved by the legislative body thereof, in the penal sum of One Thousand Dollars ($1,000.00), conditioned that the grantee shall 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 said bond, the wh amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with the -3- I I I , . Ordinance Number . ' ..} , 1 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 forfeited. 7 Section 7. 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 referendum petition filed as provided by law. 12 Section 9. The grantee of this franchise 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 16 17 18 thereof; said payment to be made within thirty (JO) days after the City shall have furnished said grantee with a written statement of such expenses. Section 10. The franchise granted hereby shall not be- 19 come effective until written acceptance thereof shall have been 20 fi'led by the grantee with the City Clerk. 21 Section 11. The City Clerk shall cause this ordinance 22 to be published once within fifteen (15) days after its passage 23 in -t/,e. Je A I ~ac t ~f T \#A Ve. , a newspaper of general 24 circulation published and circulated in said City. 25 First read at a regular meeting of the City Council of 26 said City held on the .s~ day of ~e. , 1950, and finally 27 adopted and ordered published at a regular meeting of said Council held on the /q tjr day of ..::;::r;;N e... , 1950, by the 28 29 30 31 32 -4- I I I . . . , 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 . '. . 1 f'ollowing vote: AYES: Councilmen NOES: ABSENT: Councilmen Councilmen ATTEST:~ ,~~ Cl ty Clerk of' /~C1 ty of' Seal' ;> Beach ....- I \...- (SE~) 30 31 32 Ordinance Nuliilier . .~ . ! . ' . L EfA'....... I::> ~:~:~- -f' ;f': ~~/ Mayor of' the City of' eal Beach -5..