HomeMy WebLinkAboutOrd 7 ORDINANCE NO. 7
I: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, 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 THEREFOR, IN, ALONG, ACROSS,
UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS,
ALLEYS AND PLACES WITHIN THE CITY OF CATHEDRAL
CITY.
The City Council of the City of Cathedral City
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 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;
I: (b) The word "City" shall mean the City of
Cathedral City, a municipal corporation of the
State of California, in its present incorporated
form or in any later reorganized, consolidated,
enlarged or reincorporated form;
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(c) The word "streets" shall mean the
public streets, ways, alleys and places as the
same now or may hereafter exist within said City;
I:
(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, 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, erect, install, operate,
maintain, use, repair , replace or relocate.
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
I: circuits , necessary or proper therefor , in, along, across,
upon, over and under the streets within the City of
Cathedral 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.
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Section 3 : Said franchise shall be
indeterminate, that is to say, said franchise shall endure
in full force and effect until, with the consent of the
1[ Public Utilities Commission of the State of California, the
same shall 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 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, municipal or public
corporation purchasing or condemning such property, or
until said franchise shall be forfeited for noncompliance
with its terms by the grantee.
Section 4 : The grantee of said franchise,
during the life thereof, will pay to said City two percent
(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 one percent (1%) of the gross annual receipts
derived by grantee from the sale of electricity within the
limits of said City.
Section 5 : The grantee shall file with the
City 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
calendar year thereafter , a verified statement showing in
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detail the total gross receipts of said grantee derived
during the preceding calendar year , or such fractional
calendar year , from the sale of electricity within the
M limits of said City. The grantee shall pay to said City
L within fifteen (15) days after the time for filing said
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 said
statement. Any neglect, omission or refusal by said
grantee to file said verified statement, or to pay said
percentage at the times or in the manner hereinbefore
provided, shall constitute grounds for the declaration of a
forfeiture of this franchise and of all rights of grantee
hereunder .
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 it
for all publication expenses incurred by it in connection
with the granting of this franchise; 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 8 : The franchise granted hereby shall
not become effective until written acceptance thereof shall
have been filed by the grantee with the City Clerk of said
City.
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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.
I: First read at a regular meeting of the City
Council of said City held on the 16th day of _ December _ .
19 81 , and finally adopted and ordered posted at a regular
meeting of said City Council held on the _ 6th day of
January , 19 82 , by the following vote:
AYES : Councilmen: Case , Hollister , Krings ,
Smith and Mayor Murphy
NOES : Councilmen: None
ABSENT: Councilmen: None
/
A .'i/1 A- I1 A F .#
Ma or of the City of/ /
Cauhedral City
ATTEST:
/i � -�,�
i 'y Clerk of the C ty of
Ca hedral City
(SEAL)
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
I X°40---
CITY ATTORNEY CITY MANAGER (ACTING)
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
OP
NO 7 WAS CULY ADOPTED BY THE CITY
COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, IN A ME ,RIG TI IERI:OF 11CLD THE
t' DAY OA, .....4..z..., 198 aZ , AND THAT
THE SAME WAS F'•STEM 'ITI RI 15 DAYS OF THE
ABOVE DATE IN Al 6EAir T 1E THR"E PUBLIC PLACES
SFECIFIED FOR SU'"H POSTINGS Bt THE SAID CITY
COUNCIL:
411/ ' 4 40 Att ..fe
aTY CLERK
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