HomeMy WebLinkAbout33 - Ordinances ORDINANCE NO. 33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, RESCINDING ORDINANCE NO. 16 AND
GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUC-
CESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT
AND USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY
FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS NECESSARY
OR PROPER THEREFORE, 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 herein-
after 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
municipal corporation of the State of California, in its
present incorporated form or in any later reorganized, con-
solidated, enlarged or reincorporated 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, platforms, crossarms, braces, transformers, insulators,
conduits, ducts, vaults, manholes, meters, cut-outs, switches,
communication circuits, appliances, attachments, appurtenances
and other property 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 lay, construct,
erect, install, operate, maintain, use, repair, replace or
relocate.
SECTION 2: The franchise to use and to construct and use, for
transmitting and distributing electricity for any and all purposes, poles,
wires, conduits and appurtenances, including communication circuits, nec-
essary or proper therefor, in, along, across, upon, over and under the
streets within the City of Rancho Cucamonga, is hereby granted to Southern
California 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 full 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 the grantee.
Ordinance No. 33
Page 2
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 City 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 with-
in said City.
SECTION 10: The grantee shall remove or relocate without expense
to the City any facilities installed, used and maintained under the franchise
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 the City.
SECTION 1t: This ordinance rescinds Ordinance No. 16.
First read at a regular meeting of the City Council of said City
held on the 19th day of July, 1978, and finally adopted and ordered posted
at a regular meeting of the City Council held on the 2nd day of August 1978,
by the following vote:
AYES: Schlosser, Mikels, Palombo, West Frost
NOES: None
ABSENT: None
/ ~. Ma~'yor
~//'~ City of Rancho
Cucamonga
ATTEST:
y Clerk