HomeMy Public PortalAboutOrd. 0501/~
ORDINANCE N0. 501
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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,
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cables, guys, stubs, platforms, crossarms, braces,~'~transformers,
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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-
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<<y
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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
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;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
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;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
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;2I a bond, running to the City of Lynwood, with at least two goo
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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
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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.
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YOR PRO TEM OF THE 1TY OF L N140 D
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:13" ATTEST:
;14 /~///~1~ ~~ /
°ITY CLERK Ob' T 1T
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