HomeMy WebLinkAbout42 - Ordinances ORDINANCE NO. 42
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA
EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE
TO USE AND TO CONSTRUCT AND USE, FOR TRANSMITTING A~ND
DISTRIBUTING ELECTRICTY FOR ANY AND ALL PURPOSES, POLES,
WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION
CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS,
UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND
PLACES WITHIN THE CITY OF RANCHO CUCAMONGA.
The City Council of the City of Rancho Cucamonga does ordain
as follows:
SECTION 1: Whenever in this Ordinance the words or
phrases hereinafter 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 Rancho Cucamonga,
a muncipal corporation of the State of California, in its
present incorporated form 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 mav 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, transformers,
insulators, conduits, ducts, vaults, manholes, meters,
cut-outs, switches, communication circuits, appliances,
attachments, appurtenances and any other property over or
under the streets of said City, and used or useful,
directly or indirectly, for the purpose of tr~('-smitting
or distributing electricity;
(e) The phrase "construct and use" shall mean to lay, construct,
erect, install, operate, maintain, use, re~air, replace
or relocate.
SECTION 2: The Franchise to use and to construct and use,
for transmitting and distributing electricity for anv and all purposes,
poles, wires, conduits and appurtenances, including communication circuits,
necessary or proper therefor, in, along, across, upon, over and under
the streets within the City of Rancho Cucamonga, is hereby granted to
Southern Calfiornia Edison Company, its lawful successors and assigns,
under and in accordance with the provisions of the Franchise Act of
1937.
SECTION 3: Said franchise shall be indeterminate, that is
to say, said franchise shall endure in fnll force and effect until, with
the consent of the Public Utilities Commission of the State of California,
the same shall 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 within the
territorial limits of the state, municipal or public corporation purchasing
or condemning such property, or until said franchise shall be forfeited
for noncompliance with its terms by grantee.
SECTION 4: The grantee of said franchise, during the life
thereof, will pay to said City two percent (2%) of the gross annual
receipts of said grantee arising from the use, operation or possession
of said franchise; provided, however, that such payment shall in no
event be less than one percent (1%) of the gross annual receipts derived
by grantee from the sale of electricity within the limits of said City.
SECTION 5: The grantee shall file with the City 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 calendar year thereafter, a verified statement
showing in detail the total gross receipts of said grantee derived
during the preceding calendar year, or such fractional calendar year,
from the sale of electricity within'the limits of said City. 'The
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 percentage of its gross receipts for the calendar year, or
fractional calendar year, covered by said statement. Any neglect,
omission or refusal by said grantee to file said verified statement, or
to pay said percentage at the times or in the manner hereinbefore
provided shall constitute grounds for the declaration of a forfeiture
of this franchise and of all rights of grantee hereunder.
SECTION 6: This Ordinance shall become effective thirty
(30) days after its final passage, unless suspended by referendum petition
filed as provided by law.
SECTION 7: The grantee of this franchise shall pay to the
City a sum of money sufficient to reimburse it for all publication
expenses incurred by it in connection with the granting this franchise;
said payment to be made within thirty (30) days after the Citv shall
have furnished said grantee with a written statement of such expenses.
SECTION 8: The franchise granted hereby shall not become
effective until written acceptance thereof shall have been filed by
the grantee with the City Clerk of said City.
SECTION 9: The City Clerk shall cause this Ordinance to
be posted within fifteen (15) days after its passage in three (3) public
places within said City.
SECTION 10: The grantee shall remove or relocate without
expense to the City any facilities installed, used or maintained under
this franchise by the grantee if and when made necessary by any lawful
change of grade, alignment, or width of any public street or viaduct by
the Citv.
First read at a regular meeting of the City Council of said
City held on the 6th day of December, 1978, and finally adopted and
ordered posted at a regular meeting of the City Council held on the 20th
day of December, 1978, by the following vote:
AYES: Schlosser, Mikels, Palombo, West, Frost.
NOES: None
ABSENT: None
ATTEST:
City Clerk