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HomeMy WebLinkAbout2206 - Southern California Edison FranchiseORDINANCE NO . 2206 ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY AND PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES 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 and phrases in this section defined are used, it is intended that 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 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 ferm or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may here- after exist within said City; (d) The phrase "poles, wires, conduits and appurtenance " shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces,trans- formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outS, switches, communication circuits, appliances, attachments, apP'l1:ten~ces and any other -1- . . ~ . . . " ". 1 property located or to be located in, along, across, upon, over or under the streets of said City, and used or useful, directly or indirectly for the purpose of transmitting or distributing electricity; (e) The phrase "construct and use" shall mean to 2 3 4 5 6 - lay, construct, erect, install, operate, maintain, 7 9 use, repair or relocate; (f) The phrase "constitutional franchise" shall mean the franchise derived by said grantee or its predeces- sors in estate under Section 19 of Article XI of the 8 10 11 Constitution of the State of California, as said Sec- tion existed prior to its amendment on October 10, 1911, and now owned by said grantee. Section '2. The franchise to use and to construct and 12 13 14 15 use, for transmitting and distributing electricity for any and . 16 all purposes, other than those authori~ed under the constitutional 17 franchise owned by Southern California Edison Company, poles, 18 wires, conduits and appurtenances, including communication cir- 19 cuits necessary and propel;' therefor, in, along, across, upon, 20 over and under the streets within the City of San Bernardino, is 21 hereby granted to Southern California Edison Company, its lawful 22 successors and assigns, upon the terms and conditions set forth 23 in the Franchise Act of 1937. 24 Section 3. Said franchise shall be indeterminate, that 25 is to say, said franchise shall endure in full force and effect 26 until, with the consent of the Public Utilities Commission of the 27 State of California, the same shall be voluntarily surrendered or 28 abandoned by the grantee or until the State or some municipal or 29 public corporation, thereunto duly authorized by law, shall pur- SO chase by voluntary agreement or shall condemn and take under the 31 power of eminent domain, all property actually used or useful in 32 the exercise of such franchise and situate within the territorial -2- c . . . ". -. 1 limits of the State, municipal or public corporation purchasing 2 or condemning such property, ,or until said franchise shall be 3 forfeited for noncompliance with its terms by the grantee. 4 Section 4. This franchise is complimentary to said 5 constitutional franchise and the grantee of this franchise, dur- 6 ing the life thereof, shall pay to said City a sum annually which 7 shall be equivalent to two per cent (2%) of the gross annual 8 receipts of the grantee arising from the use, operation or 9 possession of said franchise;proyided, however, that such payment 10 shall in no event be less than the stirn which shall be equivalent 11 to one-half per cent (1/2%)of the gross annual receipts derived ~ 12 by the grantee from the sale of electricity within the limits of 13 said City under both said electrical franchises. 14 15 Section 5. The grantee shall: (a) construct, install and maintain all poles, wires, 16 conduits and appurtenances in accordance and in con- 31 formity with all of the ordinances and rules adopted by the Common Council of said City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein; (b) pay, to the City on demand, the cost of all re- pairs to public property made necessary by any of the operations of the grantee under this franchise; (c) indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under this franchise; (d) remove or relocate without expense to said City an~ poles, wires, conduits and appurtenances installed, used and maintained under the franchise or any franchise heretofore granted if and when made necessary by any 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 -3- 10 11 12 13 14 24 25 . . " . .. .' . . . '- 1 lawful change of grade, alignment or width of any publi street, way, alley or place, including the construction of any subway or viaduct, by said City; provided, how- ever, that the obligation to remove or relocate poles, wires, conduits and appurtenances by and at the cost and expense 'of the grantee shall not apply or be effective ,against the grantee as to any poles, wires, conduits and appurtenances required to be removed or relocated for State freeway purposes during the life of the franchise hereby granted, and the relocation pro- visions of this franchise shall not constitute or be 2 3 4 5 6 7 8 9 construed as a contractual obligation in regard to any State freeway within the purview or meaning of Section 703 of the Streets and Highways Code of the State of 15 California or any other corresponding provision of law; (e) file with the Common Council of the City within 16 17 - thirty (30) days after any sale, transfer, assignment 18 - , or lease of this franchise or any part thereof, or of any of the rights or privileges granted thereby, writte evidence of the same certified thereto by the grantee or its duly authorized officers. The City shall have the right at any time to re- quire that any and all poles, located on any street or streets within Fire Zone No. 1 be removed from such streets and that the wires supported by such poles be removed and placed underground. Section 6. The grantee shall file with the City Clerk 19 20 21 22 23 26 27 28 of said City, within three (3) months after the expiration of the 29 calendar year, or fra.ctional calendar year, following the date of 30 the granting of this franchise, and within three (3) months after 31 the expiration of each calendar year thereafter, a verified 32 statement showing in detail the total gross receipts of said -4- 10 11 13 23 24 25 26 . . . .,-..... .;', 1 grantee derived during the preceding calendar year, or such 2 fractional calendar year, from the sale of electricity within the 3 limits of said City. The grantee shall pay to said City within 4 fifteen (15) days after the time for filing said statement, in 5 lawful money of the United States, the aforesaid percentage of 6 its gross receipts for the calendar year, or fractional calendar 7 year, covered by said statement. Any neglect, omission or refusal 8 by said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitutegro.unds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. Section 7. The grantee of 'this franchise shall file a 9 12 bond running to the Cit~ with at least two good and sufficient sureties approved by the Common Council of said City, or with a corporate surety approved by said Common Council, in the penal sum of One Thousand Dollars ($l,OOO.OOh conditioned that the grantee shall well and truly ohserve, ,fulfill and perform each term and condition of this franchise, and that in case of any breach of 18 14 15 16 17 19 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 Common Council of said City within five (5) days after the date of the granting of this 20 21 22 franchise; and in case said bond is not so filed, or does not receive the approval of said Common Council, this franchise may be refused or forfeited and any money paid to the City in connection therewith shall be retained by the City. 27 Section 8. This franchise is granted under and in 28 accordance with the provisions of said Franchise Act of 1937. 29 Section 9. This ordinance shall become effective thirty 30 (30) days after its final passage and its approval by the Mayor, 31 unless suspended by referendum petition filed as provided by law. 32 Section 10. The grantee of this franchise shall pay to -5- . . , ~ ,------ . . 1 the City a sum of money sufficient to reimburse it for all pub- 2 lication expenses incurred by it in connection with the granting 3 of this franchise; said payment to be made within thirty (30) 4 days after the City shall have furnished said grantee with a 5 written statement of such expenses. 6 Section 11. In consideration of the rights herein 7 granted, the City, by its properly authorized officer, shall 8 have the right to suspend and maintain upon the poles placed by 9 the grantee in the streets under this franchise 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 the City's operation of its water system. Said wires shall be installed by the City in a good, safe, and workmanlike manner and in compliance with all laws, regulations, ordinances and decrees of all lawfully consti- tuted bodies and ,tribunals pertaining to pole line construction, including General Order No. 95 of the Public Utilities Commission of the State of California, and any supplements thereto or re- visions thereof. It is further understood and agreed that in the event grantee's wires are placed underground as hereinbefore 10 11 12 13 14 15 16 17 18 19 20 provided, at that time, the grantee will provide a nonmetallic 21- duct, which need not exceed 2 inches inside diameter, to take 22 23 care of the above mentioned wires of the City; provided the City shall provide its own manholes and vaults separate and apart from those of the grantee. 24 25 26 Section 12. 27 (a) If the grantee of this franchise shall fail, neglect or refuse to comply wita any of the provisions or con- ditions hereof, or shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its Common Council, may declare 28 29 30 31 32 -6- . . , , 1 this franchise forfeited. . . : ~ , '. - . 2 (b) The City may sue in its own name for the forfei- 5 thereof. 3 ture of this franchise, in the event of noncompliance by the 4 grantee, its successors or assigns, with any of the conditions 6 Section 13. Within ten (10) days after the adoption 7 and approval of this ordinance the grantee shall file with the 8 City Clerk its written acceptance of this franchise. 20 21 Section 14. The City Clerk shall cause this ordinance, after the passage thereof, to be published for at least ~ree (3) consecutive ~ys, exclusive of holidays, in .L~ ~~~ ~~~~~~~ ~ , a daily newspaper printed and published in the City. 9 10 11 12 13 14 This ordinance was introduced at the regular meeting 15 16 17 18 19 AYES: NOES: 22 ABSENT: 23 24 25 26 The~oregoing ordinance is I ~ L-A.-'?n .UlN<P. ,19$ .../ .' . ---;r- U rl 27 28 29 30 31 32 hereby approved this ~~~ day of ~~ San Bernardino, State of California. -7.1.