The URL can be used to link to this page

Home My WebLink About564 - Southern California Edison Company Franchise AgreementORDINANCE NO. 564 '' (f) The phrase "constitutional the aforesaid percentage of its :franchise" shall mean the gross receipts for t h e calendar ORDINANCE GRANTING T O -right acquired through accept- year, or such fractional calendar SOUTHERN C A L I F O R N IA . ance by said grantee or its year covered by said statement. EDISON COMPANY, ITS SUC- :predecessor in estate of the "ny neglect, emission or refusal CESSORS AND ASSIGNS. A offer contained.- in. the "pro- , of said g,antec to ' ^" said verified FRANCHISE TO USE, F O R - visions of Section 19 of Article statement, or to pay said percent - TRANSMITTING AND DIS- 'XI of the Constit „tion of the age at the time or TRIBUTINQ ELECT R I C I T Y -State of California, as said hereinbe-forc provided, , shall be WITHIN THE CITY OF NEW= section existed prior -to its grounds 'for the declar,tion of a PORT BEACH FOR ANY AND amendment on October 10. forfeiture of this franchise and of ALL PURPOSES OTHER 1911, and now owned by said all rights of grantee hereunder. THAN THOSE AUTRORIZED grantee. , SECTION 6. Th( grantee of this UNDER SECTION 19 OF AR- SECTION 2. The franchise (a) 8.anchise shall fi: a bo.-9, run - TICLE XI OF THE CONSTI - to use, for transmitting and dis- ning to the City of M iv,3ort Beach, TUTION OF THE STATE OF tributing electricity within the with at least two good and suf- CALIFORNIA AS SAID SEC - City of Newport Beach for :ahy ficient sureties, to be approved by TION EXISTED PRIOR TO, and all purposes ather than those the legislative body thereof, in the ITS AMENDMENT ON OC- authorizeG under said comtitu- r,nal sum of One Thousand Dol - -„ TOBER 10, 1911, ALL POLES;. Bona] franchise, all poles, wires, lars ($1,000.00), conditioned that WIRES, CONDUITS AND AP -' conduits and appurtenances, which the grantee shall well and truly PURTENANCES WHICH ARE are now or may hereafter be law- observe, fulfill and perform each NOW OR MAY HEREAFTER fully placed on, in or under the ind every term and condition of BE LAWFULLY PLACED IN streets within said City. and (b) this franchise, and that in case of THE PUBLIC STREETS ,AL- to construct and use in said streets any breach of condition of said LEYS, WAYS AN D PLACES all poles, wires, conduits and ap- bond, the whole amount of the WITHIN SAID CITY, AND TO purtenances, including communi- penal sum therein named shall be CONSTRUCT AND USE IN cation circuits, necessary or proper taken and deemed to be, liquidated SAID CITY, AN D TO CON - for said purposes, is hereby grant- damages and shall be recoverable STRUCT AND USE IN SAID, ed to Southern California” Edison from the principal and sureties PUBLIC STREETS, ALLEYS,. Company, upon the terms and con- upon said bond. Said bond shall be WAYS AND PLACES ALL ditions set forth in the Franchise filed with the legislative body of POLES, WIRES, CONDUITS .Act of 1937. the Clty of Newport Beach within AND APPURTENANCES, IN- SECTION 3. Said franchise shall five (5) days after the date of CLUDING COMMUNICATION be indeterminate, that is to.say, the granting of this franchise; and CIRCUITS, NECESSARY OR said franchise shall endure in full in case said bond shall not be to PROPER F OR SAID PUR- force and effect until the same filed, or shall not receive the ap- POSES. shall, with the consent of the Pub- proval of the legislative body. this The City Council of the City lic Utilities Commission' of the. franchise shall be forfeited and of Newport Beach does ordain as State of California, be voluntarily any money paid to the City in follows: surrendered or abandoned by the connection therewith shall like - SECTION 1. Whenever in this grantee, or until the State or wise be forfeited. ordinance the words or phrases some municipal or public corpora- SECTION 7. This franchise is hereinafter in this section defined tion thereunto duly authorized by granted under and in accordance" are used. they shall have the re- law shall purchase by voluntary with provisions of said Franchise spective meanings assigned to agreement or shall condemn and Act of 1937. them in the following definitions take under the power of eminent SECTION S. This ordinance (unless, in the given instance, the domain, all property actually used shag become effective thirty (30) • context wherein they are used and useful in the exercise of said (lays after its final Dassage, unless shall clearly import a different franchise and situate in the ter- uspended by ref( ^endum petition meaning): ritorial limits of the State, munici- filed as - provided Ly law. (a) The word "grantee" shall pal or public corporation purchas- SECTION 9. The 4-e of Pris mean the corporation to which ing or condemning such property, franchise shall pay .o the City a the franchise contemplated in or until said franchise shall be sum of money sufficient to reim- this ordinance is granted and forfeited for noncompliance- with bhrse it for all publication ex- its lawful successors or as- its terms by the grantee. penses incurred by it in connection_" signs; SECTION 4. The grantee of with the granting thereof: said (b) The word "City" shall said franchise shall, during the payment to be m, de w:tl-+� thirty mean the City of Newport term thereof, pay to said City; a (30) days after the CW shall,4ave. Beach, a municipal corpora- sum annually which shall be equiv- furnished said grantee with a writ - tion of the State of California, alent to two percent (21X) of the ten statement of such expenses. in its present incorporated gross annual receipts of said SECTION 10. T h e franchise form or in any later reorganiz- grantee a: :_ing from the use, op- granted hereby shall not become ed, consolidated, enlarged or eration or possession of said fran- effective until written acceptance re- incorporated form; chise; provided, however, that such thereof shall have been filed by (c) The word "streets" shall payment shall in no event be less the grantee with the City Clerk. mean the public streets, ways, than a sum which shall be equiva- . SECTION 11. The City Clerk alleys and laces as the same lent to one -half percent Q3 %) of shall cause this ordinance to be now or may hereafter . exist the gross annual receipts derived published once within fifteen (15) within said City; by grantee from the sale of elec- days after its passage in Newport (d) The phrase, "poles, wires, tricity within the limits of such Balb:ia News- Times, a newspaper conduits and appurtenances" City under said franchise and said of, general circulation published shall mean poles, towers, sup - constitutional franchise. and circulated in said City. ports, wires, conductors, cab- SECTION 5. The grantee hereof ad ular ourn- First read at a regular j guys, stubs, platforms, shall file with the Clerk of said,cd meeting of the City Council of cro crossarms, braces, transform- City, within three (3) months said it held on the 25th day of City Y ers, insulators, conduits, ducts, after the expiration of the calen- August, 1947, and finally adopted . vaults, manholes, meters, cut- dar year, or fractional calendar and ordered published at a regular outs, switches, communication year, following the date of the ac:journed meeting of said Council circuits, appliances, attach- granting of this franchise, and held on thf 2nd day of September, meets, appurtenances and any within three (3) months after the 1947, by the following vote: property located expLiation of each and every cal- AYES: Councilmen. Allen, Sit- be be located in, upon, along, endar year thereafter, a duly veri- cr, Isbell, Robertson, Reed. across, under o; over the fied statement showing in detail NOES: Councilmen, None. streets of the City, and used the total gross receipts of said ABSENT: Couaciimen, None. or useful in the transmitting grantee, dieing the preceding cal- O. B. REED, _ and/or distributing of electri- endar year, or such fractional cal- Mayor of the City of-New- city; endar year, from the sale of elec- port Beach. (e) The phrase "construct and tricity within said ; City. Such ATTEST; Frank L- 41rle-hsrt, -" to City Y Clerk of the Cit io City y_ i- Wii'vpuit\� =- use" shall mean to ]ay, con - grantee shall pay said within fifteen (15) days after the Beach. 1�- J <:, struct, erect, install, operate, time for filing said statement, in Put —Sept. 9. 1947. i place maintain, use, repair or re- lawful money of the United States, _ -• �— .�,; -