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Home My WebLink About566 - Southern California Edison Company Franchise AgreementORDINANCE NO. 566 ORDINANCE GRANTING TO SOUTHERN CAL I F O R N I A EDISON COMPANY, ITS .SUC -. CESSORS AND ASIGNS, A FRANCHISE TO _ USE, FOR TRANSMITTING AND DIS- TRIBUTING ELECTR I C I T Y WITHIN THE CITY OF -NEW- PORT ,BEACH -FOR ANY AND.... ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION '19 OF: AW -` TICLE RS OF THE CONSTI- TUTION OF THE STATE OF CALIFORNIA AS SAID SEC- TION EXISTED PRIOR TO ITS AMENDMENT ON OC- TOBER 10, 1911, ALL POLES, 'WIRES, CONDUITS AND AP- PURTENANCES WHICH ARE NOW OR MAY HERP:AFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, AL- LEYS, WAYS AN D PLACES WITHBN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, AL- LEYS, WAYS AND PLACES, ALL POLES, WIRES, CON. EWITS AND APPURTANCES, INCLUDING COMMU N I C A - TION CIRCUITS, NECESSARY CE PROPER FOR SAID PUR- POSES. The City Council of the City of Newport Beach does ordain as fol- lows: SECTION 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the re- spective 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) Tlie word "grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted and Its lawful successors or as- signs; (b) The word "CiW' shall mean the City of Newport Beach, a municipal corpora- tion of the State of California, In its present incorporated form or in any later reorganiz- ed, consolidated, enlarged or re- incorporated form; (c) The word "streets" shall mean the public streets, ways, alley* 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, sup- ports, wires, conductors, ca- bles, guys, stubs, platforms. crossarms, braces, transform- , ers, insulators, conduits, ducts, Vaults, manholes,' ineters, cut- outs, switches, communication circuits, appliances, attach- ' ments, "appurtenances 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 electric - ity% (e) The phrase "construct and use" shall mean to lay, con- struct, erect, install, operate, maintain, use, repair or re- place. (f) The phrase "constitutional franchise" shall mean the flht AV xluired Ahwueh aF* ceptance by said grantee or its predecessor in estate of the offer contained in the pro- visions of Section 19 of Ar- .......ticle..Xl...of.. the - Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911, and now owned by said grantee. SECTION 2. The franchise (a) to use, for transmitting and dis- tributing electricity within t h e City of Newport Beach for any and all purposes other than those authorized under said constitution- al franchise, all poles, wires, con- duits and appurtances, which are now or may hereafter be lawful- ly placed on, in or, under the streets within said City, and (b) to construct and use in said streets, all poles, wires, conduits and appurtances, including coma munication circuits, necessary or proper for said purposes, is here- by granted to Southern Califor. nia Edison Company ,upon the terms and conditions set forth in the Franchise Act of 1937. SECTION 3. Said franchise shall he indeterminate, that is to say, said franchise shall endure in full force and effect ul)til the same shall, with the consent of the Pub- lic Utilities Commission of the' State of California, be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corpora. tion .thereunto 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 useful in the exercise of said franchise and situate' in the ter- r:itciHal limits of the State, muni- mpai or public corporation pur- chasing or condemning such prop- erly, or until said franchise, shall 1?2 forfeited for noncompliance with its terms by the grantee.. SECTION 4. The grantee of said .franchise shall, during the term thereof, Pay to said City, a sum' annually which shall be equivalent to two percent (2 %) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; pro- vided, however, that such payment . shall in no event be Jess than a sum which shall be equivalent to one -half percent (L0,P/0 of the gross annual receipts', derived by grantee from the sale, of electric- ity within the limits of such City under said franchise and said con- stitutional franchise. SECTION 5. The -grantee hereof shall file with the Clerk of said City, within three (3)' months after the expiration of the calen- dar 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 cal- endar year thereafter, a duly veri-. -, fied statement showing in detail the total gross receipts of said grantee, daring the preceding cal- endar year, or such fractional cal- endar Year, from the sale of elec- tricity within said City: "S it c h grantee shall pay to said City within fifteen (15) dais after- the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for the calendar yew;4'or such fractional calendar year, covered by said statement' Any neglect, omission or refusalr of said grantee to file said veri- fied statement, or to pay said per- centage at the time or in the tpatl. ner 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 jibs franchise shall file a bond, rtni ning to the City of Newport Beach, with at least two good and s¢5- ficient sureties, to be - approvbd' by the legislative body thereof, in the petal slim of One Thousand Dollars ($1,000.00), conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condi- tion of this franchise, bind that in case of any bregch of condition of said bond, the Whole amount of the penal sorry Jhffoin named shall be taken and (seemed to be liqui- dated damages and shall be rp coverable from the principal and suritles upon said bond. Said bond shall be filed with the legislative body of the City of Newport Beach: ' within five (5) days after ,thF date of the granting of this fran. �ehise; and in. case said bond shad not be so .filed, or shall not rQ, ceive the approval of the legisla. tive body, this franchise shaWbe . forfeited and ;any money paid 'to the. City in connection therew#k shall likewise be forfeited. SECTION 7. This franchise is . granted under and in accordance with provisions of said Franchise Act.of 1937. . I ' SECTION g. This ordinance Shall become effective thirty (30) days after its final passage, un- less suspended by referendum pe. tition filed as provided by lal;y. SECTION 9. The grange of this franchise shall pay to the CSty a sum of money sufficient to- reim- burse it for all publication ex, penses incurred by it in connection with the granting thereof, sAid payment to be made within thirty (30) 'days after the City shall have furnished said grantee with a written statement of such ex- penses. I . . SECTION' 10. The franchise granted .hereby shall not become effective -until written acceptance - - thereof 'shall have been .filed by the grantee with the City Clerk. SECTION 11. Ordinance.No. 564, adopted by the City Council o the. City of Newport Belch, State of California on September 2, 1997, is hereby repealed. - SECTION 12. The City Clak Shall cause this ordinance to be Published once within fifteen (15) days after its passage in 17ewport Balboa News - Times, 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. 10th day of-November, 1947;. and finally adopjgd. andx:or- dered published at a.rggular meet- ing of said council .held on the 24th day of November,. 1947 by ' following bate., - - AYES: Councilmen Allen, Siler ;,., Isbell, Roberti"on, Reed. NOES. Councilmen,. = None. ABSENT: Councilmen; - None. G_ O. B. REED, Mayor of q;he itg' of i Newport Beach, ATTEST: FRANK. ;L;_.RIbJ_i• HART, City Clerk of.t$e Newport .Bskcb