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HomeMy WebLinkAboutORD 76 (1949)ORDINANCE NO. 76 ORDINANCE'GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELEC-TRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES POLES', WIRES., GONDUITS AND'APPURTENANCES, INCLUDING COPJMUNICATION CIRCUITS, NECESSARY "* OR PROPER THEREFOR,IN, ALONG; ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF'TUSTIN., The City Council of the City of Tustin 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 which the franchise contemplatedin this ordinance is granted and its lawful successors or assigns; (b) The word "City" shall mean the City of Tustin, a muni- cipal corporation of the State of California,u in its present incorporated form or in any later reorganized, consolidated, enlarged or re -incorporated 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; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables guys,, stubs g y � .,.platforms, crossarms, braces, trans- formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appli- ances, attachments, 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 electricity; (e) The phrase"construct and use" shall mean to day, con- struct, erect, install, operate, maintain, use, repair or replace. Section 2. The franchise to construct and use for trans- mitting and distributing electricity to the public for any and all purposes, poles, wires, conduits and appurtenances, including communication circuits necessary or proper therefor in, along, across,upon and under the public streets, ways, allays and Ij places within the City of- Tustin, Is hereby granted to Southern California Edison Company, upon Ithe terms -arid conditions set forth in the- Franchise Act of 1937. j Section 3. Said franchise shall be indeterminate,. that is to say, said franchise shall endure in full.foree and effect un- til the same shall, with the consent of the Public Utilities Com- mission of the State of C"alifornia, be voluntarily surrendered or abondoned by the grantee, or until the State or some municipal or public corporation 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 territorial limits of the State, municipal or public corporation purchasing or con - I _ demning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. Section. The grantee of said franchise shall, during the term thereof, pay to said City, a sum annually which shall be equivalent to two per cent of the gross annual receipts of said grantee arising from the use, operation or possession of said I, franchise; , e• rovided� however, that such payment shall in no event f provided, I 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 �I _ electricity within the limits of such City under said franchise. Section 5. The grantee hereof shall file with the Clerk of j said City, within three (3) months after the expiration of the calender year, or fractional calender year, following the date of the granting of this franchise, and within three (3) months after the expiration of each and every calender year thereafter, a duly verified statement showing in detail the total gross receipts of said grantee, during the preceeding calender year, or such frac- tional calendar year, from the sale of electricity within said City. Such grantee shall pay to said City within fifteen (15) I days after the time for filing such 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 neglects omission or refusal of said i I grantee tofile said verified statement, or to pay said percen- tage at the time.ar 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. Thegrantee of this franchise shall file a bond, running to the City of Tustin, with at least two good and suffi- cient sureties, to be approved by the legislative body thereof, in the penal sum of One thousand Dollars ($l_,oOO.00), conditioned that the grantee shall well and truly observe, fulfill and per form 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 recoverable from the prin- cipal and surities'upon said bond. Said bond shall be filed with the legislative body of the City of Tustin 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 ap- proval of the legislative body, this franchise shall be for- feited and any money paid to the City in connection therewith shall likewise be forfeited. Section 7. This franchise`i-s granted under and in accor- dance with provisions of said Franchise Act of 1937. Section 8. This ordinance shall become effective thirty (30) days after its final passage, unless suspended by refer- endum filed as provided by law. Section 9, The grantee of this franchise shall pay to the Citya sum of money sufficient to reimburse it .for all publics- tion expenses 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 state- ment of such expenses. 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. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in "The Tustin News'#, a newspaper of general circulation published and circulated in said City.