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-
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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
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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
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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.