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HomeMy WebLinkAboutOrdinance #555 9 ORDINANCE NO . 555` AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDIS'ON COMPANY, ITS SUCCESSORS AND ASSIGNS , A FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUT- ING ELECTRICITY WITHIN THE CITY OF HUNTINGTON BEACH FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10, 1911, ALL POLES , WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS , ALLEYS , WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS , ALLEYS , WAYS AND PLACES ALL POLES , WIRES , CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS , NECESSARY OR PROPER FOR SAID PURPOSES . The City Council of the City of Huntington Beach,. California , do ordain as follows: Section 1: Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to 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 a Huntington Beach, a municipal corporation of the State I 1 ord. 555 • 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 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, upon, along, across , under or over the streets of the City, and used or useful in the transmitting and/or distributing of electricity; (e) The phrase "construct and use" shall mean a to lay, construct , erect , install, operate , maintain, use , repair or replace. (f) The phrase "constitutional franchise" shall mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911, and now owned by said grantee. 2 Ord. 555 Section 2: The franchise (a) to use, for trans- mitting and distributing electricity within the City of Huntington Beach for any and all purposes other than those authorized under said constitutional franchise, all poles , wires , conduits and appurtenances , which are now or may hereafter be lawfully placed on, in or under the streets within said City, and (b) to construct and use in said . streets , all poles , wires , conduits and appurtenances nec- essary or proper for said purposes , is hereby granted to Southern California Edison Company. Section 3: Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same, with the consent of the public utilities commission of the State of California , shall be voluntarily surrendered or abandoned by the grantee, or until the State of California, 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 , munic- ipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee. 3 Ord. 555 Section 4: The grantee of said franchise shall, during the term thereof, pay to said City, a sum annually which shall be equivalent to 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 payment shall in no event be less than a sum which shall be equivalent to one-half per cent (1/2%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such City under said franchise and said constitutional franchise . Section 5: The grantee hereof shall file with the 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 and every calendar year thereafter, a duly verified state- ment showing in detail the total gross receipts of said grantee , during the preceding calendar year, or such frac- tional calendar year , from the sale of electricity within said City. Such 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 per- centage of its gross receipts for the calendar year, or such fractional calendar year , covered by said statement. Any neglect, omission -or refusal of said grantee to file said verified statement, or to pay said percentage at the 4 ord. 555 • time or in the manner hereinbefore provided, shall be c grounds for the declaration of a forfeiture of this fran- chise and of all rights of grantee hereunder. Section 6: The grantee of this franchise shall file a bond, running to the City of Huntington Beach, with at least two good and sufficient sureties in the penal sum of One Thousand Dollars ($1,000.00) , said bond to be approved by the legislative body thereof as to sufficiency and by the City Attorney of the City of Huntington Beach as to form, conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of condition of said bond, the whole -amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with the legislative body of the City of Huntington Beach within five ( 5) days after the date of the granting of this franchise; and in case said bond shall not be so filed, or shall not receive the approval of the legislative body, this franchise shall be forfeited and any money paid to the City in connection therewith shall likewise be forfeited. Section 7: This ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law. 5 Ord. 555 Section 8: 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 thereof; 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 9: The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of this ordinance by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall hereafter annex, or consolidate with, additional territory, any and all franchises , rights and privileges owned by the grantee therein, except a franchise derived under Section 19 of Article XI of the Constitution of. the State of California as said section existed prior to its amendment on October 10, 1911, shall likewise be deemed to be aban- doned within the limits of such territory. No grant of the franchise granted by this ordinance may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assignee thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance and by the charter of the City of Huntington Beach. 6 Ord. 555 • Section 10: The franchise- granted by this ordinance' shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grsIntee either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City' s right of eminent domain with respect to grantee. The franchise granted by this ordinance shall never be given any value before any Court or other public authority in any proceed- ings of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the City of Huntington Beach therefor at the time of the acquisition thereof. Section ll: The franchise granted by this ordinance shall be in lieu of all other frandhises , rights or privi- leges owned by the grantee, or by any successor of the grantee to any right under this franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist , except any franchise derived under Section 19 of Article XI of the Constitution of California , as said section existed prior to the amend- ment thereof adopted October 10, 1911. The acceptance of this franchise shall operate as an abandonment of all such franchises , rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which this franchise shall be granted. n Ord. 555 Section 12s. By the acceptance of this franchise the grantee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed in this ordinance and further agrees to: (a) Comply with all lawful ordinances , rules and regulations -,heretofore or hereafter adopted by the ' City Council in the exercise of its police power governing the construction,maintenance and operation of the plants , works or equipment of grantee ; (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under this franchise ; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise ; (d) Remove and relocate without expense to the City any facilities installed , used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, includ- ing the construction of any subway or viaduct, or if the public health, comfort, welfare, convenience, or safety so demands : • 8 Ord. 555 Section 13: The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 5th day of December 1949. / YOR ATTEST : City Clerk 0 9 Ord. 555 STATE OF CALIFORNIA ) r County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five, that the foregoing Ordinance was first read to said City Council at a regular meeting thereof held on the 21st day of November, 1949, and was again read to said City Council at a regular meeting thereof held on the 5th day of December , 1949, and was passed and adopted by the affirmative vote of more than a majority of all members of said City Council on the 5th day of December , 1949, as follows:. AYES: Councilmen: LeBard, Wood, Seabridge, Langenbeck, Greer. NOES: Councilmen:. None. ABSENT : Councilmen: None. r C'it lark and ex-officio Ulerk of the City Council of the City of Huntington Beach, California. 10