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HomeMy Public PortalAboutOrdinance 60-13ORDINANCE NO. 60 -13 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANS- MITTING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PURPOSES, POLES, WIRES, CON- DUITS AND APPURTENANCES, INCLUDING COM- MUNiCATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND'UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF TEMPLE CITY The City Council of the City of Temple City does ordain as follows: SECTION 1: Whenever in this ordinance the words or phras- es hereinafter in this section defined are used, it is intended that that they shall have the respective meanings 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) The word "grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Temple City, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated 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, buys, stubs, platforms, corssarms, braces, trans- formers, insulators, conduits, ducts, vauits, manholes, meters, cut -outs, switches, communication circuits, appli- ances, attachments, appurtenances and any other property located or to be located in, along, across, upon, over or under the streets of said City, and used or useful, di- rectly or indirectly, for the purpose of transmitting or distributing electricity; (e) The phrase 'construct and use shall mean to lay,con- struct, erect, install, operate, maintain, use, repair, replace or relocate. SECTION 2: The franchise to use and to construct and use, for transmitting and distributing electricity for any and all pur- poses, poles, wires, conduits and appurtenances, including communica- tion circuits, necessary or proper therefor, in, along, across, up- on over and under the streets within the City of Temple City, is hereby granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of 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, with the consent of the Pubiic Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public cor- poration thereunto duly authorized by law shall purchase by volun- tary 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 within the territorial limits of the 32 Ordinance No. 60 -13 page 2 State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for non- compliance with its terms by the grantee. SECTION 4.; The grantee of said franchise, during the life thereof, will-Fay to said City two per cent (2 %) of the gross annual receipts of said grantee arising from the use, operation or poss- ession of said franchise; provided, however, that such payment shall in no event be less than one per cent (1 %) of the gross annual re- ceipts derived by grantee from the sale of electricity within the limits of said City. SECTION 5: The grantee shall file with the City Clerk of said City, within three (3) months after the expiration of the cal- endar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of said grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of said City. The grantee shall pay to said City within fifteen (15) days after 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 fractional calendar year, covered by said statement. Any neglect, omission or refusal by said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of a forfeit- ure of this franchise and of all rights of grantee hereunder. SECTION 6: This ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. SECTION 7: The grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment of be made within thirty (30) days after the City shall have furnished said grantee with a written statement of such expenses. SECTION 8: The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk of said City. SECTION g: The City Clerk shall cause this ordinance to be posted within fifteen (15) days after its passage in three public places within said City. First read at a regular meeting of the City Council of said City held on the 22nd day of August, 1960, and finally adopted and ordered posted at a regular meeting of said City Council held on the 12thday,of September, 1960, by the following vote: AYES: Councilmen:Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: ity SEAL er o t e ity o // emp e Baylor 0 ity City 33 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) 1, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 60 -13 was introduced at a regular meeting of the City Council held on August 27, 1960, and adopted at a regular meeting of the City Council held on September 12, 1960, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Dated: September 12, 1960 /. f elr4 Dept y City Clerk o e City of Tem 1e City, California 34