HomeMy Public PortalAboutOrdinance 2511
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follows:
ORDINANCE NO. A47
ORDINANCE G AN1 Nu TOSOUTHERN CALIorT A EDISON
C liv , ITS SUCCESSORS AND sSSIGIr, A FRANCHISE .4lCiSS
TO USE, AND TO CONSTRUCT AND USE, FOR TI ANST.'ITTG
DISTRIBUTING ELECTRICITY TO THE ?U3LIC FOR ANY
AND ALL PURPOSES, POLES, WIRES, CONDUITS AND .rL'S:'UR-
TL'NZ.LYCES, INC U DI1 G COI:.Ufl IC TION CIRCUITS., ECES-
SuY OR PROPER TNEFFOR IN, ALONG, .CROSS, UPON
'..�R TEE C �-:T?JETS - r� rf'3
l.J. �X� i'.. ._ .J,! Lv=liW1L_�.7, fliil�'J _ -w7 t7i`J17
PLACES ?IT ^� �.� THE CITY
F .''.�I T7T '/l1T,T .
WITHIN 1 � v�_.:._ G'.: L1'il,-i.,Vi`.-
The City Council of the City of Leaumont does ordain as
Section 1. ';Whenever in this ordinance the words or
phrases hereinafter in this section defined are used, they shall
have the respective neanim‘s assigned to there in the following
definitions (unless, in the giver_ instance, the contest wherein
they are used shall clearly import a different l::.eaning) :
(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
Ieawiont, a municipal corporatioL of the estate
of California, in its present incorporated forra
or in any later reorganized, consolidated, en-
larged or re -incorporated form;
(c) The word "streets" shall mean the public
streets, ways, alleys and places as the sane
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, crossarrls, '.races, trans-
formers, insulators, conduits, ducts, vaults,
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manholes, meters, cut-outs, switches, corrauni-
cati or. circuits, appliances, ettacli.r:.ents,
appurtenances and any otherproDerty located
or to be located in, upon, along, across, under
or over 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,
maintain, use, repair or replace*
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 appurte-
nances necessary or proper therefor in, along, across, upon and
under the public streets, ways, alleys and places within the City
of yeaw ont, is hereby granted to Southern California Edison
Company, upon the terns 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 surrendere•
or abandoned by the grantee, or until the State or some municipal
or public corporationthereunto duly authorized by law shall
purchase by voluntary agreement or shall condemn and take under
the power of eminent domain, all property actually used and use-
ful in the exercise of said franchise and situate in the terri-
torial limits of the State, municipal or public corporation
purchasing or condernninL; such property, or until said franchise
shall be forfeited for noncompliance with its terms by the
Grantee,
Section 4, The grantee of said franchise shall, during
2.
1 the terra thereof, pay to said City, a sum annually which shall
2 be equivalent to two per cent (2) of the :,gross annual receipts
3 of said grantee arising from the use, operation or possession of
4 said franchise; Provided, however, that such Payment shall_ in no
5 event be less than a sum which shall be equivalent to one ner cent
6 (1 5) of the gross annual receipts derivedby f7rantee from the
7 sale of electricity within the limits of such City under said
8 ; franchise.
9 Section 5, The grantee hereof shall file with the
10 Clerk of said City, within three (3) months after the expiration
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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 fractional calendar year, from the sale of electricity
within said City. Such 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 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 beaumont, with at least two good and
sufficient sureties, to be approved by the legislative body
thereof, in the penal sum of Cne Thousand Dollars (,1, 000.00) ,
conditioned that the grantee shall well and truly observe, fulfill
and perform each and every terra and condition of this franchise,
and that in case of any breach of condition of said bond, the
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whole amount of the penal sur; 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 legislative body of the City of Beaumont within five (5)
days after the date of the granting of this franchise; and in
case said bond shall not be so Filed, or shall not receive the
approval of the legislative body, this franchise shall be for-
feited and any money paid to the City in connection therewith
shali likewise be forfeited.
Section 7. This franchise is granted under and in
accordance withprovisions of said Franchise het of 1937.
Section 8. This ordinance shall become effective
thirty (30) days after its final passage, unless suspended by
referendum petition filed as provided by law.
Section 9. The grantee of this franchise shall pay to
the City a sure of money sufficient to reimburse it for all
publication expenses incurred by it in connection with the
granting hereof; said payment to be niade within thirty (30) 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
exclusive.
Section 11. The franchise granted hereby shall not
become effective until written acceptance thereof shall have
been filed by the grantee with the City Clerk.
Section 12, The City Clerk shall cause this ordinance
to be Published once within fifteen (15) days after its passage
in /r &!494V4V2/ e;;s-4P , a newspaper of
General circulation published and circulated in said City.
First read at a regular meeting of the City Council
of said City held on the I " day of /fig rG J , 19S-01
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and finally adopted and ordered published at a regular meeting of
said Council held on the /4 day of Ndr Llt , 19 .27.02, by
the following vote:
AYES:
NOES:
ABSENT:
ATT'LST:
Councilmen Cox, Taylors Ward, Hamilton and ynni
Councilmen None_.
Councilmen None.
Mayor of the City of Beaumont
City Clerk of the
(seal)
y of Beaumont
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