HomeMy WebLinkAboutCC Ord 97 1924-03-06
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OBDINANOE NO. 97
An ordinanoe granting to Southern Oalifornia Edison Oom-
pany a franohise to ereot, lay, oonstruot, maintain, use and oper-
ate an eleotrio transmission and distribution system in the Oity
of Seal Beaoh, State of Oalifornia.
The Board of Trustees of the Oity of Seal Beach do ordain
as follows:
WHEREAS, on the 17th day of October, 1923, Southern
Oalifornia Edison Company, a oorporation organized and existing
under the laws of the State of Oalifornia, filed with the Board
of Trustees of the Oity of Seal Beaoh, State of Oalifornia, an
applioation in writing requesting said Board of Trustees to adver-
tise for sale and sell the franohise hereinafter set forth, and
WHEREAS, said Board of Trustee$,by resolution duly passed
and adopted at a meeting of said Board of Trustees, held on the
" .:DecembeJ~
!eth day of ~CrIME~r. 1923, resolved to grant said franchise for
17 the term fifty years upon the terms and conditions and restriotion
18 imposed and required by law, and by said resolution so passed
19 as aforesaid. and
20 WHEREAS. said Board of Trustees further resolved that
21 sealed bids for said franohise be reoeived by said Board of Trus-
22 tees up to the hour of 8 o'clock P.M. on the 7th day of February,
23 1924, aDd that said bids be opened at said last mentionee time and
24 date, and that said franohise be thereupon struok off, Bold and
25 awarded to the person. firm or oorporation making the highest cash
26 bid therefor in the manner provided by law, and at said meeting
27 said Board of Trul:ltees did by resolution prescribe and fix the sum
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of $1,000 to be the penal sum or amount of the bond required by
law to be filed by the suooessfUl bidder for said franohise, and
30 WHEREAS. said BOard of Trustees did by the aforesaid reso-
31 luUon. authorize the Oity Olerk of said City of .seal Beach for
32 and on behalf of said Board of Trustees, to advertise in the manne
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1 and for the period required by law, statements of all the aforesai
2 faots and matters, together with statements of all other facts and
3 matters in connection with the granting of said franchise as re-
4 quired by law to be advertised and published, and
5 WHEREAS, it appears to this Board of Trustees by affidavit
6 of publication on file with this Board, that in pursuance of said
7 order of said Board of Frustees, said City Clerk, did. as required
8 by law, advertise and publish statements of all of the aforesaid
9 facts and matters, together with statements of all other facts and
10 matters in connection with the granting of said franchise, said
11 advertisement and publication being made for and during the time
12 aDd in all respects in the manner required by law. and said publi-
13 cation beiDg completed not less than twenty days nor mOre than
14 thirty days before anw further action on said franchise was taken
15 by the said Board of Trustees, and
16 WHEREAS, thereafter such action was taken by said Board of
17 Trustees upon said application of said Southern California Edison
18 Company in accordance with the law in such case made am provided.
19 that on the 7th day of February, 1924, after due notice given
20 as provided by law in every particular as above set forth, said
21 franchise waS. by resolut ion duly adopted by said Board of Trustees
22 at a meeting of said Board. held on the 7th day of February,
23 1924, duly struok off. sold and awarded by said Board of Trustees
24 to said Southern California Edison Company, its successors and
25 assigns as the highest bidder therefor. for the sum of $250.00 in
26 United States gold ooin. and
27 WHEREAS. said Southern California Edison Company has de-
28 posited with the Oity Clerk of said City of Seal Beach, in the
29 manner and in the time required b,y law, the full amount of said
30 bid of $250.00 in gold coin of the United States, and
31 WHEREAS, said Southern California Edison Company did, after
32 said franchise was so struck off, sold and awarded to it, and
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1 within five days thereafter. file with said Board of Truste~s a
2 bond running to said City of Seal Beach in the penal sum of $1,000
J being the amount heretofore fixed by said Board of Trustees as
4 the penal sum of said bond, which said bond was a gOOd and suffi-
5 oient bond. and was in all respects as required by law, and was
6 thereon and heretofore and is hereby duly approved by said Board
7 of Trustees.
8 Now. Therefore. the Board of Trustees of the Ci ty of Seal
9 Beaoh, do ordain as follows:
10 Section 1. That there be and there is hereb y granted to
11 Southern California Edison Company, a corporation organized and
12 existing under the laws of the State of California, its suocessors
13 and assigns. the franohise of the right for the period of fifty
14 years from the granting of said franchise to erect, ls,y, construct
15 and maintain poles, towers, crossarms, conduits, cables, wires
16 and other appliances under, over, in. along and aorOss the public
17 highways. streets, alleys, and public places nCMT existing and whio
18 may exist during said period of fifty years within the present or
19 future limits of said oity of Seal Beach and to use and operate
20 such poles, towers, crossarms, conduits, cables,wires and other
21 appliances for transmitting and distributing elecpric energy to be
22 used for any and all purposes for which eleotric energy ms,y be
23 used.
24 Section 2. Said Southern California Edison Company, its
25 successors and assigns, is hereby granted the above IIentioned
26 franchise for the term of fi fty years from and after the date
27 when this ordinance takes effect.
28 Section 3. That said franchise, right, privilege and per-
29 mission is granted to said Southern Califcrnia Edison Company, its
30 successors and assigns, upon the following terms and conditions,
31 viz:
32 (a) That such poles, towers, crossarms, conduits, cables.
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wires and other appliances be erected, constructed, laid and main-
tained and operated in accordance with such provision of the
Statutes of the State of California, and ordinances of the City of
Seal Beach as may be applioable thereto.
(b) That said Southern California Edjson Company, its suc-
cessors Or assigns, shall, within four months from the date of
taking effect of this ordinance, commence in goOd faith the work
of erecting said poles, towers. crossarms, conduits, cables, wires
and other appliances and appliances connected therewith, and said
Southern California Edison Company, its suooessors or assigns,
shall thereafter prosecute such work diligently and in good faith
so as to meet and fill the reasonable needs of the inhabitants of
the City of Seal Beach, and if not so commenced within' said time
this franchise. 'hereby granted. shall be deolared forfeited;
(c) That said Southern California Bdison Company, its suc-
cessors or assigns. shall. during the life of the franchise hereby
granted. pay to the City of Seal Beaoh in lawful money of the
United States. two per cent (2%) of the gross annual receipts of
said Southern California Edison Company, its successors or assi. gns
arising from the use. operation or possession of the franchise
hereby granted. Said two per cent (~)of the gross annual
receipts shall be paid annually beginning one year from date of
the granting of said franchise and in the event aaid payment is
not made, said franchise shall be forfeited. Said Southern
Oalifornia Edison Company, its suooessors or assigns, must file
with the ~lerk of the City of Seal Beach, at the expiration of
one year from the date of the franchise hereby granted, and at the
expiration of each and every year thereafter a statement verifie d
by the oath of the manager or an officer of said Southern
California Edison Company. or by the oath of the successors or
assigns of said Southern California Edison Company showing the
total gross reoeipts and gross earnings oollected or reoeived. or
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in any manner gained or derived by the said Southern California
Edison Company, its successors or assigns during the preceding
twelve months arising from the use, operation or possession of the
franchise hereby granted, and within ten days afterithe date of
5 filing the aforesaid statement, said Southern California Edison
6 Company its successors or assigns must pay to the Treasurer of the
7 City of Seal Beach th'3 aggregate sum of said per centage upon the
8 amount of the gross annual receipts arising from the use, operatio
9 or possession of said franchise, determined am computed in the
10 manner hereinabOvsprov1:ded.
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Section 4. This ordinance shall go into effect thirty
12 days from the date of its final passage. and prior to the expira-
13 tion of fifteen da;vs from its passage shall be published once in
14 the ~ ~f e1,Jftt:i~ tu~ a newspaper printed and published in
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the City of Seal BeaCh, State of California.
1924, and passed and adopted at a
of Trustees of City of
day of 1~
regular meeting of the
Introduced at a meeting of Board
Seal Beach, held the ')..../ s,f
Board of
of the City of Seal Beach, State of California,
Trustees
d..
, ~
day of ~
1924, by the
on the
following vote:
Ayes: Trustees
~ I J.ho.J.fAN-, ra~, ~
~~. ([(rQ~
Chairman Of the Board of Trustees of
the City of Seal Beach.
Noes: ~-
Absent:j(~
A.ttest:
(flJ~, 8. G?~-~
City Clerk.