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Ordinance - 159ORDINANCE NO. � ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON CO111PANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT AND USE, FOR TRANSMITTING AND DIS- TRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND APPUR- TENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER THEREFOR IN, ALONG, ACROSS, UPON AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS .AND PLACES WITHIN THE CITY OF WEST COVINA. THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES 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 ih the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a diff- erent 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 West Covina, a municipal corporation of the State of California, in its present incorporated form or in any later reorganiwed, 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 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, trans- formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, ap- pliances, 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 to lay, construct, erect, install, operate, maintain, use, repair or replace. SECTION 2. The franchise to construct and use for trans- mitting and distributing electricity to the public for any and all purposes, poles, wires, conduits and appurtenances, in- • eluding communication circuits for the private use of the grantee necessary or proper therefor, under, along, across, or upon the public streets, ways, alleys and places within the City of nest Covina, is hereby granted to Southern California Edison'Company, upon the terms and conditions set forth in the Franchise Act of 1937. SECTION 30' Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, - 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 volun- tary agreement orshall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the terri- torial limits of the State, municipal or public corporation purchasng or condemning such property, or until said fran- chise shall be forfeited for noncompliance with its terms by the grantee. SECTION 4. The grantee shall: (a.) Conatruct, install and maintAin all pipes, con- duits, poles, wires and appurtenances in ac-cordance and in conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the City Council of said City in the exercise of its police powers, and not in con- flict with the paramount autho*ity of the State, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such faci- lities therein, (b)) Pay to the said City on demand, the cost of all repairs to public property made necessary by any of the opera- tions of the grantee under such franchise, (c) Indemnify and hold harmless the said City and its officers from any and all liability for damages proximately resulting from any operations under such franchise, (d) Remove or relocate without expense tosaid City any facilities installed, used and maintained under said franchise, if and when made necessary by any lawful change of grades align- ment'or width of any public street, way, alley, or place, in- cluding the construction of any subway or viaduct by said City, and (e) File with the said City Council of said City within thirty (30) days after any sale, transfer, assignment, or lease of said franchise, or any part thereof, or any of the rights - 2_ I 1* or privileges granted hereby, written evidence of the same to be certified to by the grantee or its duly authorized officers. SECTION 5. The grantee of said franchise shall, during the term thereof, pay to said City, a sum annually which shall be equivalent to two (2,) percent of the gross annual receipts of said grantee arising from the use, operation or possessio n of said franchise;; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one (1%) percent of the gross annual receipts derived by grantee from the sale of electricity withih the limits of such City under said franchise. SECTION 6, 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 Ervery calendar year thereafter, a duly verified statement showing in detail the ° total gross receipts of said grantee, during the preceding calendar year, or such fractional 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 a- foresaid percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by said state- ment. 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 grantee hereunder. SECTION 7. The grantee of this franchise shall file a bond, running to the City of West Covina, with at least two good and sufficient sureties, to be approved by the legis- lative body thereof, in the penal sum of One Thousand ($10000.00) Dollars, 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 West Covina within five (5) days after the date of the ,rr 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 80 If the grantee shall fail, neglect, or refuse to comply with any of the provisions or conditions of said franchise, or as prescribed in the Franchise Act of 19379 and shall not, within ten (10) days after written de- mand for compliance, begin the work of compliance, or after -3- 4 such beginning, shall not prosecute to completion,.then the said 'City by clare the said franchise forfeited. the same with due diligence its City Council may de - SECTION 9. This franchise is granted under and in accord- ance with provisions of said Franchise Act of 1937. SECTION 10. This ordinance shall become effective thirty (30) days after its final passage, unless suspended by refer- endum petition filed as provided by law. SECTION 11. The grantee of, this franchise shall pay to the City a sum of money sufficient to reimburse it for all publi- cation 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 state- ment of such expenses. SECTION 12. The franchise granted hereby shall not be- come effective -until written acceptance thereof shal4ave been filed by the grantee with the City Clerk. , SECTION 13, The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in The West Covina Tribune, a newspaper of general circulation published and circulated insaid City. First read at a regular meetin of the City Council of said City held on the day of , 1948, and finally adopted and ordered pub fished at egul r meeting of said Council held on the _L�day of , 1948, by the f of -- lowing vote: AYES:: Councilmen 2 At M Gl;Gt10� va- NOES:: Councilmen: ABSENT: Councilmen1 (J'Y� , ayor of t e i"ty o West Covina ATTEST:: T City Clerk of the City of West Covina -4.