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Ordinance No. 128ORDINANCE NO 128 ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE, FOR A PERIOD OF FIFTY (50) YEARS, TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE, RENEW, REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND NUMBER OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR THE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING AND CARRYING GAS, OIL, PETROLEUM, WATER AND OTHER SUBSTANCES, ON, ALONG, IN, UNDER AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF CYPRESS, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND USE A PRIVATE COMMUNICATION SYSTEM TO BE USED IN CONNECTION WITH THE OPERATION AND MAINTENANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS. SECTION I: That a franchise be, and the same is hereby granted to Southern California Edison Company, a corporation organized and existing under the laws of the State of California, its successors and assigns, for a period of fifty (50) years from the effective date of this ordinance granting said franchise, to construct, lay, operate, maintain, use, renew, repair, replace, move, change the size and number of, and remove or abandon in place a system of pipelines, together with such valves, fittings, manholes, vaults pumps and other appliances, appurtenances, attachments or equipment as the Grantee, its successors and assigns, may deem necessary or convenient for the purpose of conducting, transporting, conveying, and carrying gas, oil, petroleum, water and other substances, on, along, in, under and across the public streets, ways, alleys and places within the City of Cypress; said system of pipelines and appurtenances as aforesaid to extend generally along Moody Street from the north boundary line of the City of Cypress to a point 350 feet south of the intersection of said street and Orange Avenue; thence westerly along Orange Avenue from a point 600 feet east of Moody Street to the west boundary line of the City of Cypress; together with the right to construct, operate, maintain and use, a private communication system, consisting of poles, crossarms, conductors, wires, communication circuits, and all other necessary or convenient appliances or attachments to be used in connection with the operation and maintenance of said system of pipe lines and appurtenances as aforesaid, on, along, in, under, over and across the public streets, ways, alleys and places within the City of Cypress SECTION 2. The word "Grantee" wherever used herein shall mean and include Grantee and its successors and assigns SECTION 3• The system for conducting, transporting, conveying and carrying gas, oil petroleum, water and other substances to be constructed and operated under this franchise shall be built and constructed in a good and workmanlike manner and of good material, and any and all pipelines laid, located or maintained under said franchise shall be so placed as not to interfere with the use of said public streets, ways, alleys and places by the traveling public or for public purposes to any greater extent than is reasonably necessary, and in laying said pipe lines the Grantee of said franchise shall make and backfill all excavations in such manner and way as to leave the surface of the public street, way, alley or place in as good condition as it was prior to said excavation, as well as to conform to the statutes of the State of California and such instructions and directions as the City Council may, by ordinance or resolution, require, provided that said instructions and directions of the said City Council are not in conflict with any paramount authority of the State of California The work to erect or lay said system shall be commenced in good faith within not more than four months from the granting of this franchise and if not so commenced the franchise shall be declared forfeited Ordinance No 128 JACK SECTION 4. Any damage done directly or indirectly to any Iublic improvement by Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this Ordinance, shall be promptly repaired by said Grantee at its sole cost and expense SECTION 5. The Grantee shall, during the life of this franchise, pay to the City of Cypress, in lawful money of the United States and in the manner provided by law, two per cent (2%) of the gross annual receipts of the Grantee arising from the use, operation or possession of this franchise within the City of Cypress. This franchise is not a renewal of a right already in existence and therefore no percentage shall be paid for the first five (5) years succeeding the date of this franchise, but thereafter such percentage shall be paid annually In the event that such payment is not made, the City Council of the City of Cypress may declare said franchise forfeited The Grantee of this franchise, not later than three (3) months after the expiration of the calendar year after the first five (5) years succeeding the effective date of this ordinance granting said franchise, and within three (3) months after the expiration of each and every calendar year thereafter, shall file with the City Clerk of the City of Cypress a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year or such fractional calendar year arising from the use, operation, or possession of this franchise within said City of Cypress, and within fifteen (15) days after the time for filing the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of Cypress in lawful money of the United States, the aforesaid two per cent (2%) of its gross receipts arising from the use, operation or possession of this franchise during said preceding calendar year, or such fractional calendar year Any neglect, omission or refusal of said Grantee to file said verified statement, or to pay said percentage, at the time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder SECTION 6• The said Grantee shall not sell, transfer or assign this franchise, or any of the rights or privileges granted hereby, except by a duly executed instrument in writing, filed in the office of the City Clerk of the City of Cypress, and provided, further, that nothing in this franchise contained shall be construed to grant to said Grantee, any right to sell, transfer or assign this franchise, or any of the rights or privileges hereby granted, except in the manner aforesaid SECTION 7• Any neglect, failure or refusal to comply with any of the conditions of this franchise may work a forfeiture hereof, and the said City, by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of the public streets, ways, alleys, and places of said City under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect SECTION 8: This Ordinance shall take effect thirty (30) days after its final passage SECTION 9 The Grantee shall remove or relocate without expense to the City of Cypress or other public entities 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, alleys, or place, including the construction of any subway or viaduct, by the City of Cypress, provided that with respect to facilities installed, used and maintained under the franchise within a state freeway which was not a state highway at the time such facilities were originally installed therein, the obligations of the Grantee shall be as provided by applicable law and by such agreements between the Grantee and the State as may be applicable thereto Ordinance No 128 21'5 SECTION 10: Whenever any portion of the territory covered by this franchise shall be annexed to, or otherwise become a part of any other municipal corporation, or of the County of Orange, or of any other county, the rights reserved under this franchise to the City of Cypress, or any officer thereof, shall inure to the benefit of such municipal corporation or county, and its appropriate officers SECTION 11: The provisions of this franchise and all rights, obligations and duties shall inure to and be binding upon the Grantee, its successors and assigns SECTION 12• 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 of Cypress ADOPTED, SIGNED and APPROVED this 14th day of May, 1962 ATTEST: MAY, OF THE CITY CF CYP SS CITY CLERK OF THE CITY OF CYPRESS I HEREBY CERTIFY that the foregoing Ordinance was first read at a regular meeting of the City Council of the City of Cypress, held on the 16th day of April, 1962, and was finally passed, adopted, signed and approved at an adjourned meeting of said City Council held on the 14th day of May, 1962, by the following vote AYES* 4 COUNCILMEN Denni, Gorzeman, Wright and Van Dyke NOES. 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN* Noe Ordinance No 128 CITY CLERK OF THE CITY OF CYP y SS, STATE OF CALIFORNIA