HomeMy WebLinkAbout16 - Ordinances ORDINANCE NO. 16
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 AND
DISTRIBUTING ELECTRICITY 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 municipal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated, enlarged
or reincorporated form;
(c) The work "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 any other property
over or under the streets of said City, and used or useful, directly
or indirectly, for the purpose of transmitting or distributing elec-
ity;
(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,
necessary 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 actu-
ally 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. 16
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
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 with—
in 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 within
said City.
SECTION 10: The grantee shall remove or relocate without expense to
the City any facilities installed, used or maintained 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 City.
First read at a regular meeting of the City Council of said City held
on the lst day of March, 1978, and finally adopted and ordered posted at a
regular meeting of the City Council held on the 15th day of March 1978, by the
following vote:
AYES: Councilmen: Mikels, Palombo, Schlosser, West, Frost
NOES: Councilmen: None
ABSENT: Councilmen: None
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M _or
/ Rancho Cucamonga
ATTEST: v
City Clerk