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HomeMy Public PortalAboutOrd. 0501/~ ORDINANCE N0. 501 1' 2 3 4 51 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 29 30 31 32 ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON CONPANY_ITS.,,SUCQESSORS_AND_ASSIGNS,.A_FRANCHISE TO_.CONSTRUCT A11D_USE,_.FOR TRANSMITTING AND,.DIS-. TRIBUTING_ELECTkZICITY TO THE_PUBLIC:FUR_ANY.AND ~r OSES,_POLES, WIRES., ,CONDUITS,,AND.APPUR- ,_INCLUDING COIF'IUNICt1TION.CIRCUITS,,._.__ .. Y OR PROPER THEREFOR_IN, ALONG,.AQROSS, UNDER ,THE PUBLIC_STREETS,_WAY3,wALLEYS, ES WITHIN THE. CITY OF_LYNWOOD., The City Council of the City of Lynwood does ordain as follows: Section 1: Whenever in this ordinance the words or phrases hereinafter in 'this section defined are used, 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 franckise contemplated in this ordinance is granted and its lawful successors or assigns; (b) The word ?'City!' shall mean the City of Lynwood, a municipal corporation of the^State of California, in its present incorporated form or in any later' reorganized, consoli- dated, 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; (cl) The phrase "poles, wires, conduits and appurten- ances!' shall mean poles, towers, supports, wires, conductors, ~' cables, guys, stubs, platforms, crossarms, braces,~'~transformers, .~ insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appur- tenances and any other property 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 elec- -1- <<y 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 2: 2~ 2: 2 2 2 2 ricity; (e) The phrase "construct and use" shall mean to lay, :onstruct, erect, install, operate, maintain, use, repair or replaces Section 2: The franchise (a) to use,-for trnwoodtfor ting and distributing electricity within the City of Ly I any and all purposes, all poles, wires, conduits and appurten- ances, which are now or may hereafter be lawfully placed on, in, or under the streets within said City, and (b) to construct and use in said streets all poles, wires, conduits and appurtenances necessary or proper for said purposes, is hereby granted to Southern California Edison Company, 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 possessor thereof, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and tape 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 conde:aning such property, or ;II until said franchise shall be forfeited £or noncompliance with . its terms by the possessor thereof. Section tr:: The grantee of this franchise shall: 1 oles wires, $ (a) Construct, install and maintain all p ~ gII conduits and appurtenances in accordance with and in conformity 0 with all of the ordinances, rules and regulations heretofore or the legislative body of the City of Lynwood ;1 I hereafter adopted by . I, in the exercise of its police powers and not in conflict with i2 .2. ,, lli 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2~ 2E 2' 2 2 3 3 ;he paramount authority of the State of California, and, as to ;fate Highways, subject to the provisions of general laws relat- ing to the location and maintenance of such facilities; (b) Pay to the City of Lynwood, on demand, the cost of all repairs to public property made necessary by any opera- tions of the grantee under this franchise; (c) Indemnify and hold harmless the City of Lynwood and its officers from any and all liability for damages proxi- mately resulting from any operations under this franchise; (d) Remove or relocate, without expense to the City of Lynwood, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subvray or viaduct, by the City of Lynwood; and (e) File with the legislative body of the City of Lynwood within thirty (34) days after any sale, transfer, assign- ment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers. Section 5: The franchise granted to grantee shall not in any way and/or to any extent impair and/or affect the right of the City to acquire the property of grantee either by purchase and/or .through the exercise of the right of eminent ,domain, and ;I nothing contained in this ordinance shall be construed to con- tract away and/or to modify and/or to abridge either for a term 3 or in perpetuity the City's right of eminent domain in respect 3 to any public utility. Nor shall this franchise ever be given 4 any value before any court or other public authority in any pro- f I ceeding of any character in excess of the cost to the grantee 2I of the necessary Publication hereof and any other sum paid by -3- 1 @ 2 < 3 4 5 6 7 8 9 10 11 12 I 13 14 15 16 17 la 19 20 21 22 2~ 2S .zc 2~ 2' 2 2 3 4, ^ ;rantee to the City for this franchise at the time of the ac- I ~uisition thereof. Section 6: The grantee of said franchise shall, Suring the term hereof, pay to said City, during the life of the which shall be equivalent to two per.cen franchise a sum annually from (2Jo) of the gross annual receipts of said grantee arising the use, operation or possession of said 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 7: The grantee hereof shall file with the City Clerk of the City of Lynwood, 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, its successors or assigns, during the preceding calendar year, or such frac- tional calendar year, from the sale of the utility service for which this franchise is granted. It shall be the duty of the grantee to pay to the City of Lynwood within fifteen (15) days after the time for filing said, statement, in lawful money of the United States, the specified 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 y grantee to file said verified statement, or to pay said per- g tentage at the times or in the manner hereinabove provided, shall ~I~ be grounds for the declaration of a forfeiture of this franchise pI and of all rights hereunder. Section $: The grantee of this franchise shall file .1 ;2I a bond, running to the City of Lynwood, with at least two goo -~~ .. i 1 2 3 4 5 6 7 8 9 l0 11 12 I 13 ~ 14 15 is 17 18 19 20 21 22 23 24 25 2E 2i 2E 2S 3i 3 3 4, and sufficient sureties, to be approved by the legislative body thereof, in the penal sum of One Thousand Dollars 01,000.00), 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 whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recover- able from the principal and sureties upon said bond. Said bond shall be filed with the legislative body of the City of Lynwood within five (5) days after the date of the granting of this fran- chise; and in case said bond shall not be so filed,~or shall not receive the approval of the legislative body, this franchise shall be forfeited and any money paid to the City in connection therewith shall likewise be forfeited. Section 9: This ordinance ~~ s• ~••~~~ ------ accordance with the provisions of said Franchise Act of 1937• Section 10: This ordinance shall become effective I thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. Section 11: The grantee of this franchise shall pap to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection yrith the grant- ing hereof; said payment to be made within thirty (30) days-after the City shall have furnished said grantee with a written state- ~~ ment of such expenses. I Section 12 :- Within ten (10) days after the passage and-publication of this ordinance the grantee shall file with S the City Clerk a written acceptance of this franchise. ~I Section 13: The City Clerk shall certify to the d ~~ adoption of this ordinance and shall cause the same to be pub- LI lished once within fifteen (15) days after its passage in the gl Lynwood Press, a newspaper of general circulation, published and -5- 1 circulated in said City 2 First read at a regular meeting of the City Council 3 of said City held on the Zlat day of June, 1949, and finally ~ adopted and ordered published at a regular meeting of said Council 6 held on the 5th day of July, 1949, by the following vote: 6 AYES; Councilmen Bruner Stroh S4illiams. 7 NOES: Councilmen None. ABSENT: Councilmen Jensen and t+Tillard. S 9 O l0 YOR PRO TEM OF THE 1TY OF L N140 D 11 __.~~ .. ,, :13" ATTEST: ;14 /~///~1~ ~~ / °ITY CLERK Ob' T 1T 16 16 17 ' 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32