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HomeMy WebLinkAboutOrdinance #120 { , h - - - - ORDINANCE NO o . . . . . . . . - AM ORDINANCE Granting to the PACIFIC LIGHT & POVER COMMUOU a Franchise to construct and for a period of forty (40) years to E operate and maintain an electric pole and Haire system, upon and along { all the streets, alleys and thoroughfares in the City of Huntington 1 Beach. !I The BoaVd.,,of Trustees of the City of ,Huntlngton Beach mean ordain -as follows SECTION 1. That the right, privilege and franchise is hereby - -- . granted to the Pacific Light & Power Corporation to construct anca for the peri d of forty (40) years to operate and maintain an electric and wire system for the purpose of conducting$ transmitting and distributing electricity and electrical energy for lighting, heating and power purposes and for any and all other purposes for which elec- tricity can be used., capon and along all the streets, alleys and thoroughfares in the City of Huntington Beach, . I Together .with the right to construct and maintain cross=arils i f , conductors, guy wires, insulators and any and all other 'necessary or convenient appliances or attachments, SECTION 2. Said Franchise is hereby ggranted upon the ter-s and conditions hereinafter contained, and said grantee shall file ;with the Clem of the said Board of 'trustees a written aacceptawxnco thereof within thirty mays after the passage of this ordinance. 1EC That the pone and dire system to be constructed) under this franchise shall be built in a good and workmanlike wanner, and oil good material, and that all mires extending over and along any of said streets, alleys or thoroufhfaress shall be placed at least -- twenty (20) feet from the ground and shall be thoroughly insulated Ana k e i iI' III i 'i{ t i . i v . s; 8 f ! i • i I and (protected by guard wires wherever the Board of Trustees shall deem it necessary, and that all poles to be erected and maintained ' �►� hereunder shall be at least eight (8) inches in kdiameter at the base � and. siz (6) inches in diameter at the tope and at least twenty-five (25) Feet in height, and shall be of good material as aforesaid•, and. shall be erected, located and maintained in conformity with instruct- ions from the Board of Trustees. -And unless otherwise ordered, all poles shall be placed _ J , flush with the outer edge of the highways where there are no side= _- ualks and flush with the curb lines where there are sidewalksp and aajace nt yal ou shall not be placed nearer together than one hundred ; Tonto czccpt at .cra�ss=ra�r dso -; 9 I That ubenever the public convenience or necessity shall roquirc the cane the Board of Trustees shall have the' right to re- locwtc or cause to bo relocated without destroying the utility � t1zcrooTq any of the said poles or wires of said grantee, its successors i ' ) or a;siSnos at the ezpen.se of said grantee, its successors or a.ssigns9. � ! ; II nmllesc said grantee, its successors or assigns, shall relocate said poles or wires vi.thi.n thirty (30) days after the receipt of a written motice Tarn the said ➢3oard. of Trustees to make such relocation. � SECTION 3, That the work of constructing said pole and wire system shall be commenced in good faith within not more than four ) t nonths frog the date of the granting of said franchise, and shall be ) I� I continuously prosecuted thereafter in good. faith and without un- necessary or avoidable intermission or delay, that said work of can- truction shall be completed within not more than three years there- after; and that if said. work be .not so commenced, prosecuted or carn�- ., pleted within the times or in the manner specified., said franchise shall be forfeited. � ) • 'I it 1 1 I li li I�� � • Fji I' ° ` Q rr if _ I r a SECTION 4. That the grantor of this franchise reserves the " right to fix the rates to be charged for light and power; provided, t at any. time the right and power to fix such rates shall be and become �i within the poorer and right of said. Board of Trustees. That this I ' franchise. shall not in any manner be considered an exclusive franchise. SECTION 5. ' That the said grantee and its successors or assigns shall during the life of said franchise pay to the City of Huntington �R 'f,t" Beach ins lawful money of the United States, tno per cent. of the j� gross annual receipts of such gra;snteep its successors or assigns, arising from the asep operation or possession of said franchise, in- eluding moneyai receive if Far the use$ sole, rental or furnishing of -- electricity :for powers. lightp heat or any other purpose whatsoever. No percer<ntaage shall be paid for the first five years succeeding the date of said Fr<anchisea but thereafter such percentage shall be paid I annuaally.I` IIi And it shah, be the duty of the grantee of said franchise and I of ,.its successors or assigns, to file with the Clerk of the Board of Trustees at the expiration of six gears from the date of granting ' of said franchise$ and at the expiration of each and every year ' k thereafter., a statement verified by the oath of the manager or pre- siding officer of said gr°anteep or its successors or aassignsp during the preceding twelve months for the use, sale, rental or furnishing of electricity for power, lightp beat or any other purpose whatever, from any part of the system for the construction and operation of which said franchise is grantedp and within ten days after the time l for filing the aforesaid statement it shall be the duty of said grantee, and of its successors or assignsp to pay to the Board of Trustees of the Catty of -Huntington beach., 'the aggregatesuan of the I ( ! said percentage upon ,the amount of the gross annual receipts arising ' from the usep operation or possession of said fraanchisea, and if the -- I j�;� - - --- ------ o 1� I 1 az:cuaat paid is incorrect in the judgment of the Board of Trustees they may order the payment of such additional sum as -they may, find � 'I due hereunder, and if not paid the same may be collected by suit.- 1 ©nd any neglects omission or refusal, by said grantee, or its' successors or, assigns,, to file said verified statement or to pay,,the`- said i percentage of the said gross annual receipts at the times o'r`tin the P-anner hereinbef'ore provided shall ipso facto work a forfeiture of said franchise and of all rights thereunder to the City df Huntington _ � I Beach. I . SECTION 6. That the said grantee or its successors or --assigns,ns shall not sells transfer or assign said franchise air any of the righto or privileges granted thereby, except by a duly executed instruoernt In uriting filed in the office of the Board of Trustees of the City of Huntington Beach; and provided furthers that nothing in said franchise contained shall be construed to grant to said - -- j grEmtee or its successors or assigns any right to sells transfer or { assign said franchise or any of the rights or privileges thereby granted except in the manner aforesaid. SECTION 7. That any neglects failure or refusal 'to. comply - — vith any of the conditions of said franchise shall. thereupon, :rmediate- ly Ipso facto effect aa. forfeiture thereof, and the s4�f.d'Citys by -its . 1 Board of Trustees may thereupon declare said franchise forfeiteds, and nay exclude said grantee or its successors or assigns from -further - 1 d use of the highways of said City under said franchise; and, said. ------ grantee or its successors or assigns shall thereupon and immediately - -- P I , surrender all rights in and to the same, and said franchise shall be ---- � � deemed and shall remain nulls void and of no effect. � SECTION S. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published I' I I Or'— k I, ad 122 nuV 6 l QJ �Mdakql Im a4 A4 . (13 L91 .� ;114 1 Clerk and Ex- ` of Citzt Trustees of the Ct o1 eg of the krc Beach, California, y f ntin�s S5�l wa-I-I 10 CC ,k - - - - -� i f City Clerk and Ex-Ex Clerc cf the, Board of City Trustees of the CLty of urGtl,rL�s- t \ ton Beach, California, o City Clerk, and Ex-Offi.eio Clerk, of the II Board o Cit Trustees o ' a1 " i n{'f y f � Brach, hereby certify that - II�I Oe fore-foin,is a true and come.:• copy of an, Ordi.n wwe of the My of HUM- �! _ dniton Beach, numbered2 0 1 ,and entitled,. 1't 0144a vuCQ, �~ . ro- 1, a that the',same 7oas 1, blished e HuntiraPon Beach N ®, __- �. _weekly newspaper, Z t,,,: nd published ire the J7it , `Fr y F 2tin r'on Beach, �. aceordi.yL6 to lacy,m� �U la„ ..F�y 1� I, City Clerk and, Ex-Offioio Clerk f the Board of City Trustees of t1w City of H retin a �g{ ton Beach, Californies