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HomeMy WebLinkAboutORD 21ORDINANCE NO. 21 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, 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 PALM DESERT The City Council of the City of Palm Desert 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 instances, 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 Palm Desert, a municipal corporation of the State of California, in its present incorporated form or in any later reorga- nized, consolidated, en].g.Me(j,, oar nee incorporated 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 appurte- nances" 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, appli- ances, attachments, appurtenances and any other 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 distri- buting electricity; (e) The phrase "construct and use" shall mean to lay, construct, erect, install, operate, maintain, use repair, replace or relocate. 8 10"*'t 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 Palm Desert, 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 territo- rial 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. Section 4: The grantee of said franchise, during the life thereof, will pay to said City two percent (2i) of the gross annual receipts of said grantee arising from the use, operation or possession or 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 state- ment 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 ORD. 21 2 6 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 of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said grantee with a written state- ment 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. First read at a regular.meeting of the City Council of said City held on the 28th day of February , 1974, and finally adopted and ordered posted at a regular meeting of said City Council held on the 14th day of March , 1974 by the following vote: AYES: Councilmen Aston: Brush: McPherson: Clark NOES: Councilmen None ABSENT: Councilmen Benson enry B. C rk, Mayor ATTEST: Cify Cler of t e City of Pa m Desert OR D. 21 3 A STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF PALM DESERT ) I, Harvey L. Hurlburt , City Clerk of the City of Palm Desert, do hereby certify that the foregoing is a true, full and correct copy of Ordinance No.21 of said City, and that said Ordinance was introduced, read and adopted as stated above. I further certify that said Ordinance was thereupon signed by the Mayor of the City of Palm Desert and attested by the City Clerk of said City. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City this 15th day of March , 1974. City Clerk of t' e City of Palm Desert, State of California ORD. 21