Ordinance No. 12ORDINANCE NO 12
AN 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 FOR ANY AND ALL PUR-
POSES, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNI-
CATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG ACROSS,
UPON OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES
WITHIN THE CITY OF DAIRY CITY
The City Council of the City of Dairy City 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 (unelss, in the given instance, the context
wherein they are used shall clearly import a different meaning)
(-)
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 DLiry City,
a municipal corporation of the State of California,
in its present incorporated form or in any later
reorganized, consolidated enlarged or re -incorporated
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 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 located or to be located in, along,
across, upon, over or under the streets of said ity,
and used or useful, directly or indirectly, for the
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Ordinance No 12
purpose of transmitting or distributing electricity,
(e) £he 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 pur-
poses, poles, wires, conduits and appurtenances, including communi-
cation circuits necessary or proper therefor, in, along, across,
upon, over and under the streets within the City of Dairy City
is hereby granted to Southern California Edison Company, its
lawful successors and assigns, upon the terms and conditions set
forth in 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 for-
feited for noncompliance with its terms by the grantee
Section /k The grantee of said franchise, during the life
thereof, will pay to said City two per cent (2%) of the gross
annual receipts of said grantee arising from the use, operation
or possession of said franchise provided, however, that such pay-
ment shall in no event be less than one per cent (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
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Ordinance No 12
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
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
time 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 The grantee of this franchise shall file a bond
running to the City with at least two good and sufficient sureties
approved by the City Council of said City, or with a corporate
surety approved by said City Council, in the penal sum of One
Thousand Dollars ($1,000.00), conditioned that the grantee shall
well and truly observe, fulfill and perform each term and condition
of this franchise, and that in case of any breach of 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 City Council of said City within five
(5) days after the date of the granting of this franchise, and in
case said bond is not so filed or does not receive the approval
of said City Council, this franchise may be refused or forfeited
and any money paid to the City in connection therewith shall be
retained by the City.
Section 7 This franchise is granted under and in accordance
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Ordinance No 12
with the provisions of said Franchise Act of 1937
section 8 This ordinance shall become effective thirty
(30) days after its final passage, unless suspended by referendum
petition filed as provided by law
Section 9 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 statement
of such expenses
Section 10 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 11. The City Clerk shall cause this ordinance to
be posted within fifteen days after its passage in three public
plcaes within said City
First read at a regular meeting of the City Council of said
City held on the 14th day of January 1957, and finally adopted and
ordered posted at a regular meeting of said City Council held on
the llth day of February, 1957, by the following vote
ATTEST
AYES
NOES None
Councilmen Arnold, Arrowood, Baroldi,
Van Dyke, and Van Leeuwen
ABSENT. None
14>" :11Z,%.d....
Na.rtin Olsthoorn City ,lerk
of the City of Dairy City
Ordinance No 12
n Dyke,:. Makro f the
Ci ' .Dari y
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF DAIRY CITY )
I, Martin Olsthoorn, City Clerk of the City of Dry City,
do hereby certify that the foregoing is a true, full and correct
copy of Ordinance No 12 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 DE.iry City 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 11th day of February 1957
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Ordinance i,:o 12
ji�_.�-rte --1
Martin Olsthoorn, City Clerk of
the City of Dairy City, State
of California