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HomeMy WebLinkAbout1988-02-25 - ORDINANCES - SCA EDISON RIGHTS (2)ORDINANCE NO. 88-9 ORDINANCE OF THE CITY OF SANTA CLARITA, 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 TIME FOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF SANTA CLARITA. The City Council of the City of Santa Clarita 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 tc 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 Santa Clarita, 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 word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within the City; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, cross -arms, 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 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, excavate, encroach, erect, install, operate, maintain, use, repair, replace relocate, or remove. (f) The word "franchise" shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct and use poles, wires, conduits and appurtenances, including communication circuits, for transmitting and distributing electricity for any and all purposes in, along, across, upon, over, and under streets within the City. Any authorization, in whatever terms granted, shall mean and include any license or permit required for the privilege of transacting and carrying on a business within the City. 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, 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: The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the franchise is voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation duly authorized by law purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situated within the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise is forfeited for noncompliance with its terms by the grantee. Section 4: The grantee of the franchise, during the life thereof, including the original term and all renewals, will pay to said City two percent (2%) of the gross annual receipts of the grantee arising from the use, operation or possession of the 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 the City. -2- TBM/ORD1988 Section 5: The grantee shall file with the City Clerk of the City, thin 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 the grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing the 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 the statement. Any neglect, omission or refusal by the grantee to file the verified statement, or to pay the percentage at the times or in the manner provided, shall constitute grounds for the declaration of a forfeiture of the franchise and of all rights of the grantee under this Ordinance. 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 the City for all publication expenses incurred by the City in connection with the granting of this franchise; the payment to be made within thirty (30) days after the City shall have furnished the grantee with a written statement of such expenses. Section 8: The franchise granted hereby shall not become effect ve 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 11th day of February , 1988, and finally adopted and ordered posted at a regular meeting of said City Council held on the 25th day of February 1988, by the following vote: -3- TBM/ORD1988 AYES: Council Member Carl Boyer Joanne Darcy Jan Heidt Council Member Dennis 'Koontz- Howard McKeon ABSENT: Council Member None ATTEST: City Clerk of the grity of Santa Clarita TBM/ORD1988 -4- 14v� Howard "Buck" McKeon Mayor