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HomeMy WebLinkAboutORD 38 (1934)ORDINANCE NO. 38 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORUNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY LTD., A CORPORATION ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LILTS OF THE STATE OF CALIFORNIA, I:S SUCCESSORS AND ASSIGNS, A FRANCHISE FOR A PERIOD OF FIFTY (50) YEARS TO CONSTRUCT, OPERATE, ALTER, MAINTAIN AND USE AN ELECTRIC DISTRIBUTION AND TRATdSMISSION SYSTL+'M CONSISTING OF POLES, TO'.as:RS, CROSS— , CONDUITS, CABLES, WIRES AND OTHER APPLICANCES FOR THE PURPOSE OF CONDUCTING, TRANSMITTING AND DISTRIBUTING ETEC- TRCITY AND ELECTRICAL E. NERGY FOR LIGHT, `TEAT AND POWER PURPOSES, AND FOR ANY AND ALL OTHER PURPOSES FOR 7HICH ELECTRICITY CAN BE USED, ON, ALONG, UPON, IN , UNDER AND ACROSS THE SIRE TS, ALLEYS, PUBLIC HIGH7AYS AND PUBLIC PLACES WITHIN THE CITY OF TUSTIN, STATE OF CALIFORNIA TOGETHER WITH THE RIGHT TO CONSTRUCT MAINTAIN OP.E_RATE, ALTER AND USE A SYSTEM OF POLES, TOi9ERS, VIRES, CABLES, CROSS -ARMS, CONDUCTORS, GUY WIRES, INSU ATORS, AND ANY AND ALL OTHER NECESSARY OR CONVENIENT APPLIANCES OR ATTACHM�:NTS. The City Council of the City of Tustin, California, does ordain as follows: SECTION 1. That a franchise be, and the same is hereby granted to the Southern California Edison Company Ltd., a corpora- tion organized and existing under and by virtue of the laws of the State of California, its successors and assigns, for a period of fifty (50) ,years, to construct, operate, alter, amintain and use an electricdistribution and transmission system consisting of poles, towers, cross. -arms, conduits, cables, wires and other appliances for the purpose of conducting, transmitting and distributing elec- tricity and electrical energy for light, heat and power purposes, and for any and all other purposes for which electricity can be used, on, along, upon, in, under and across the streets, alleys, public highways and public places within theCityof Tustin, State of California, together with the right to construct:, maintain, operate. alter and use a system of poles, towers, wires, cables, cross -arms, conductors, guy wires, insulators, and any and all other necessary or convenient appliances or attachments. SECTION 2.. This franchise is granted on the terms and -1- conditions hereinafter contained, and the Grantee shall file with the Clerk of the City of Tustin, a written acceptance hereof within thirty (30) days after the passage of the ordinance granting this franchise. The terms and conditions on which this franchise is granted are as follows: That the electrical transmission and distribution system to be constructed and operated under this franchise shall be built in a good and workmanlike manner and of good material, and all wires extending over and along any of said streets or highways or public places shall be placed at least twenty (20) feet from the ground, except supply service drops which shall be placed at least eithteen (18) feet above the street or roadway, and sisteen (16) feet above the curb, or at such other reasonable height or distance therefrom as said City Council may, by ordinance or resolution, provide, and in conformity with the statutes of the State of California, and the rules and regulations, if any, of the railroad Commission of ,the State of California, or any other body having jurisdiction to pre- scribe the mode of construction of said system. Said system shall be of good material, as aforesaid, and shall be erected, located and maintained or replaced in conformity with the ordinances, reso- lutions and instructions from the City Council, provided that said instructions or regulations of the City Council are not in conflict with any paramount authority of the State of California. Unless otherwise ordered by, the Street Superintendent or City Engineer, all poles shall be placed in the street or highway five (5) feet. from the property line where there are no sidewalks and where the property is not platted, and flush with the property side of the curb where there are sidewalks and where the property has been platted, and adjacent poles shall not be placed nearer together than one hundred (100) feet except at_street crossings and cross- roadso or where necessary to support transformers or other electri- -2- 167 cal equipment which cannot be mounted on a single pole, or where the public safety requires. Yhen any of said poles or wires shall become an obstruction to the use of any of said streets or highways, or dangerous to the user thereof, said City Council shall have the right to order said poles relocated or remodeled at the expense of the Grantee of this franchise, its successors or assigns, to avoid such obstruction or danger. The work to erect the poles and wires hereunder shall be commenced in good faith within not more than four (4{ months from the granting of this franchise, and if not so commenced within said time, this franchise shall be declared forfeited; provided, however, that for good cause shown, the City Council or governing or legisla- tive body of the said City of Tustin ;km§y by resolution, extend the time for completion thereof, not exceeding three (3) months; pro- vided further, that any system now constructed and operated within said City of Tustin by Grantee of this franchise shall be considered as constructed under the provisions of this franchise. The work hereunder shall be prosecuted diligently and in good faith by the Grantee of this franchise so as to meet and fill the reason- able needs of the inhabitants of the territory for the services for which this franchise is granted. SECTION 3. The said Grantee and its successors or assigns shall, during the life of this franchise, pay tothe City Treasurer of the City of Tustin, in lawful money of the United States, and in the y manner provided by law, two per cent (2%) of the gross annual receipts of such Grantee and its successors or assigns, arising from the use, operation or possession of this franchise within the corporate limits of the City of Tustin, including moneys received for the use, sale and rental or furnishing of electricity for power heat.and light. It shall be the duty of the Grantee of this franchise, and of its successors ar assigns, to file with the Clerk of the -3- City of Tustin, at the expiration of one (1) year from the date of the granting of this franchise, and at the expiration of each and every year thereafter, a statement, verified by the oath of said Grantee, its successors or assigns, or by the oath of the manager or presiding officer of said Grantee, or other officer, showing in detail the total gross earnings collected or received by said Grantee# its successors or assigns, during the preseding twelve (12) months, foe the use, sale, rental or furnishing of electricity for power, heat, light or any other purpose whatever, from any part of the system located within the corporate limits of Tustin, for the construction and operation of which this franchise is granted, and within ten (10) days after the time for filing the aforesaid state- ment, it shall be the duty of said Grantee, its successors or assigns to pay to the City Treasurer of the City of Tustin, the aggregate sum of said percentage upon the amount of the gross annual receipts arising from the use, operation or possession of this franchise, and if the amount paid is incorrect in the judgment of the City Council, they may order the payment of such additional sum as they may find due hereunder, and if not paid the same may be collected by suit. And any neglect, omission or refusal by said Grantee, its successors or assigns, to file said verified statement or to pay the said per- centage of the.said gross annual receipts at the times or in the manner hereinbefore provided, shall work a forfeiture of this fran- chise and of all the rights hereunder, to the City of Mustin. sECTION 4. Whenever any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any other municipal corporation, or of the County of Orange, or of any other county, the rights reserved under this franchise to the City of Tustin, or any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers. SEV,ION 5. The said Grantee, its successors or assigns, shall not sell, transfer or assign this franchise, or any of the -4- r"N M rights or privileges granted hereby except by a duly executed instrument in writing,. filed in the office of the Clerk of the City of Tustin; and provided further, that nothing in this fran- chise contained shall be construed to grant to said vrantee, its successors or assigns, any right to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid. SECTION 6. Any neglect, failure or refusal to comply with.any of the conditions of this franchise shallwork aforfeiture hereof, and the said city, by its City Council, amy thereupon declare this franchise forfeited, and may exclude said Grantee, its suc- cessors or assigns, from further use of the highways of said city under this franchise; and said Grantee, its successors or assigns, shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, viod and of no effect. SECTION 7. This Ordinance shall take effect thirty (30) days from and after the date of its adoption. SECTION 8. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be published in one regular issue of the `_'ustin News. SECTION 9. The grant of this franchise is effective only upon the furtherconditionthat the Grantee shall, at all times during the life of this franchise, keep on file with the City Council a bond running to said City of Tustin in the penal sum of.One Thousand Dollars (1,000), with sureties to be approved by said City Council, conditioned upon said Grantee well and truly observing, fulfilling and performing each and every term and condition of this faanehise, and that in case of any breach of condition of said bond the whole amount of thepenal sum therein shall be taken and deemed to be liquidated damages, and shall be recoverable from the principal and sureties on said bond. -5- SECTION 10. The provisions of this franchise and all rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. The foregoing Ordinance is hereby approved this 5th day of February, 1934. Mayor of the City Tust in. I, J. R. Harbour, City Clerk of the City of Tustin, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Tustin, held on the 15th day of January, 1934, and was adopted on the 5th day of February, 1934 by the following vote: AYES : Councilmen Logan Kiser Pierper, &Schwendeman NOBS :Councilmen: None Absent Councilmen: None ATTEST:`i ler�ko the City of Tustin.