HomeMy WebLinkAbout2205ORDINANCE NO. 2205
ORDINANCE GRANTING TO CALIFORNIA ELECTRIC POWER COMPAJIT,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CON-
STRUCT AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRI-
CITY TO THE PUBLIC FOR AJIT AND ALL PURPOSES, POLES, WIRES,
CONDUITS AND APPURTENANCES NECESSARY OR PROPER THEREFOR IN,
ALONG, ACROSS, UPON, OVER AND UNDER THE STATE HIGHWAYS,
PUBLIC STREETS, WAYS, ALLEYS AND ~CES WITHIN THE CITY OF
SAN BERNARDINO.
The Mayor and Common Council of the City of San Bernardino do
ordain as follows:
Section 1: Whenever in this ordinance the words or phrases herein-
after in this section defined are used, they shall have the respective mean-
ings assigned to them in the following definitions (unless, in the given in-
stance, the context wherein they are used shall clearly import a different
meaning) :
(a) The word "Grantee" shall mean California Electric Power
Company, the corporation to which the franchise contemplated
in this ordinance is granted, and its lawful successors or
assigns;
(b) The word "City" shall mean the City of San Bernardino, a
municipal corporation of the State of California, in its
present incorporated form or in any later reorganized, con-
solidated, enlarged, or re-incorporated form;
(c) The word "streets" shall mean state highways excluding
state freeways now established, 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, platforms, crossarms, braces, transfonners, inslllators,
conduits, ducts, vaults, manholes, meters, cut-outs, switches,
collDDunication circuits, appliances, attachments, appurtenance~
and any other property located or to be located in, along,
across, upon, over and under the streets of the City, and
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used or useful in the tranSIllitting and/or distributing of
electricity;
(e) The phrase "construct and use" shall mean to lay,
construct, erect, install, operate, maintain, use, repair,
replace or relocate.
Section 2. Tbe franchise to use and to construct and use for trans-
mitting and distributing electricity to the public for any and all purposes,
poles, wires, conduits and appurtenances, necessary or proper therefor in,
along, across, upon, over and under the streets within the City of San Bernar-
dino, is hereby granted to California Electric Power 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 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 a.ondemning such property, or until said fran-
chise shall be forfeited for noncompliance with its terms by the grantee.
Section 4. That said franchise will be complimentary to a franchise
derived under Section 19 of Article XI of the Constitution of the State of
California (as said Section existed prior to its amendment on October 10, 19l1),
and that the grantee shall pay to said City a stUn annually which shall be
equivalent to two per cent (2%) of the gross annual receipts of the grantee
arising from the use, operation or possession of said franchise, provided,
however, that such payment shall in no event be less than the sum which shall
be equivalent to one-half per cent (1/2%) of the gross annual receipts derived
by the grantee from tha sale of electricity within the limits of said City
under both said electrical franchises.
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Section 5. That the grantee shall:
(a) construct, install and maintain all pipes, conduits,
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poles, wires and appurtenances in accordance and in con-
formity with all the ordinances, rules and regulations
heretofore or hereafter adopted by the legislative body
of said City in the exercise of its police powers and
not in conflict with the paramount authority of the State
of California;
(b) pay, to the said City on demand, the cost of all
repairs to public property made necessary by any of the
operations by the grantee under this franchise;
(c) indemnify and hold harmless the said City 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 said City any
facilities installed, used and maintained under the fran-
chise or any franchise heretofore granted 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 subway or viaduct, by said City, Pro-
vided, however, that the obligation to remove or relocate
poles, towers, wires, conduits, facilities and appurtenances
by and at the cost and expense of the grantee shall not
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apply or be effective against the grantee as to any poles,
towers, wires, conduits, facilities or appurtenances re-
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quired to be removed or relocated for state freeway pur-
poses during the life of the franchise hereby granted, and
the relocation provisions of this franchise shall not con-
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stitute or be construed as a contractual obligation in regard
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to any state freeway hereafter established within the purview
or meaning of Section 703 of the Streets and Highways Code
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of the State of" California or any other corresponding pro-
vision of law.
Said City of San Bernardino shall have the right at any
time to require that any and all poles located on any
street or streets within Fire Zone No. I be removed from
such streets and that the wires supported by such poles
be removed or placed underground.
(e) File with the legislative body of the City within
thirty (30) days after any sale, transfer, assignment or
lease of this franchise, or any part thereof, or of any of
the rights or privileges granted thereby, written evidence
of the same, certified thereto by the Grantee or its dilly
authorized officers.
Section 6. "In consideration of the rights herein granted, said City
of San Bernardino, by its properly authorized officer, shall have the right to
erect, suspend and maintain upon the poles placed by the Grantee of this fran-
chise, or its assigns, in the streets and thoroughfares aforesaid, any or all
of the wires which said City may require for fire alarm and/or police telegraph
or signal service, and/or all wires for the automatic control of electric
switches used in operation of the water system of said city. Said wires shall
be erected, installed, maintained and operated in a good, safe and workmanlike
manner, and in compliance with all laws of the State of California, and ordi-
nances, resolutions and regulations of said City of San Bernardino, and the
rules, regulations and orders, including General Order No. 95, of the Public
utilities Co1lllDission of the State of California, and any supplements thereto or
revisions thereof, applicable to said wires and the erection, installation,
maintenance and operation of overhead and underground electric and signal or
messenger wires. It is further understood and agreed that in the event wires
of the grantee are placed underground as hereinbefore provided, grantee shall I
at that time provide a nonmetaDic duct or ducts, not to exceed 2 inches inside I
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diameter, for the installation, maintenance and operation of the above-mentioned 1
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1 wires of said city; provided, however, that said city shall maintain and repair
2 the said wires and ducts, and shall provide and maintain its own manholes and
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3 vaults separate and apart from those of the grantee.
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Section 7. The grantee hereof shall file with the Clerk of said
City, 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
rec~ts of said grantee, during the preceding calendar year, or such frac-
tional calendar year, from the sale of electricity wi thin said City. Such
grantee shall pay to said City within fifteen (15) days after the time for
filing said statement, in lawful money of the United States, the aforesaid per-
centage of its gross receipts for the calendar year, or such fractional calen-
dar year, covered by said statement. AIry neglect, omission, or refusal of said
grantee to file said verified statement, or to pay said percentage at the time
or 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 8. The grantee of this franchise shall file a bond running
to the City of San Bernardino, with at least two good and sufficient sureties,
to be approved by the legislative body of said City, or with a corporate surety
approved by said legislative body, in the penal sum of One Thousand Dollars
($1,000.00) conditioned that the grantee shall well and truly observe, fulfill
and perform each and every term and condition of this franchise, and tmt, in
case of any breach of condition of said bond, the amount of the penal sum
therein named shall be recoverable from the principal and sureties upon said
bond. Said bond shall be filed with the legislative body of the City of San
Bernardino 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.
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1 SectiQ~ This franchise is granted under and in accordance with
2 provisions of said Franchise Act of 1937.
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Section 10. Thi s ordinance shall become effective thirty (30) days
4 after its final passage, unless suspended by referendum petition filed as pro-
5 I vided by law.
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6 i Section ll. The grantee of this franchise shall pay to the City a
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Sum of money sufficient to reimburse it for all publication expenses incurred
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thereof with the Clerk of said City and, thereafter. said Clerk shall cause the I
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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 writ-
ten statement of such expenses.
Secti on 12.
Within ten (10) day! after the adoption and approval of
this ordinance, the grantee of the franchise shall file its written acceptance
ordinance to be published at least for three consecutive days, exclusive of
holidays, in the San Bernardino Sun, a daily newspaper prillted and published in
said City, and such publication shall be conclusive evidence that said written
acceptance by the grantee was duly filed.
Section 13.
(a) If the grantee of this franchise shall fail, neglect
or refuse to comply with any of the provisions or condi-
tions hereof, or shall not, witbin ten (10) days after
written demand for compliance, begin the work of compliance,
or after such beginning shall not prOSecute the saDIe with
due diliilenoe.,to completion, then the City, by its 1091&-
lative body, may declare this franchise forfeited.
(b) The City may sue in its own name for the forfeiture
of this franchise, in the event of non-compliance by the
grantee, its successors or assigns, with any of the con-
ditions thereof.
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. This ordinance was introduced at a regular meeting of the Common
Council of the City of San Bernardino on the 6th day of January, 1956. and
32 finally passed ~7J an lldjourned regular meeting of said Common Council on the
~~~ day Of~~~~__ , 1956, by the following vote:
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AYES:
Councilmen ~ .A'.ck~.~) ;v{t'~~2 L3Z/7~
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Councilmen tI
councilmen__~~~~
Councilmen ~~
NOES:
ABSENT:
SEAL
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Citvx-Clerk of the City of San Bernardino
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The foregoing ordinance is hereby approved this /~.J;t:- day of
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. 1958.
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Mayor, of the, City of San Bernardino
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JACK T. FELTON, City Clerk
DEPU!"
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