HomeMy WebLinkAboutORD 035ORD 035ê79wV ×P í > ORD. No. 35
ORDINANCE NO.
AN ORDINANCE OP THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK QZANTING TO SOUTHERN CALIFORNIA
EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A
FRANCHISE TO USE AND TD CONSTRUCT AND USE, FOR
TRANSMITTING AND DISTRIBUTING ELECTRICITY FOR
ANY AND ALL PURPOSES, POLES, WIRES, CONDUITS AND
APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS
NECESSARY OR PROPER THEREFQR IN, ALONG,
ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS,
WAYS, ALLEYS AND PLACES WITHIN THE CITY OF
BALDWIN PARK,
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK 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 tD which the
franchise contemplated in this ordinance is granted and
its lawful successors or assigns;
b) The word City" shall mean the City of Baldwin Park, a
municipal corporation of the State 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, trans-
formers, 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 circuits
necessary or proper therefor, in, along, across, upon, over and under the
streets within the City of Baldwin Park, is hereby granted to Southern
ORD 035ê79wV ×P í > ORD. No. 35
California Edison Company, its lawful successors and assigns, upon the
terms and conditions set forth in the Franchise Act of 1937.
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 Public Utilities Commission of the State of California,
the same 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, 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 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 one per cent 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 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 limits of said City. The 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 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. The grantee of this franchise shall file a bond
running to the City with at least two good and sufficient sureties approved
by the City Council of said City, or with a corporate surety approved by
said City Council, in the penal. sum of Five Thousand Dollars $5,000.00),
conditioned that the grantee shall well and truly observe, fulfill and
perform each term and condition of this franchise, and that in case of any
breach of condition of said bond, the amount of the penal sum therein named
shall be recoverable from the principal and sureties upon said bond, Said
bond shall be filed with the City Council of said City within five 5) days
after the date of the granting of this franchise; and in case said bond is
not so filed, or does not receive the approval of said City Council, this
franchise may be refused or forfeited and any money paid to the City in
connection therewith shall be retained by the City.
Section 7. This franchise is granted under and in accordance
with the provisions of said Franchise Act of 1937.
Section 8. This ordinance shall become effective thirty 30)
days after its al passage, unless suspended by referendum petition filed
as provided by law.
Section 9. 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
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ORD 035ê79wV ×P í >
ORD. NO. 35
to be made within thirty 30) days after the City shall have furnished
said grantee with a written statement of such expenses.
Section 10. 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.
Section 11. The City Clerk shall cause this ordinance to be
published once within fifteen 15) days after its passage in the Baldwin
Park Bulletin, a newspaper of general circulation, published and circulated
in said City.
PASSED AND APPROVED this 7th day of Janua& 19 57
Mayor'
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGLES ss
CITY OF BALDWIN PARK
I, ELMER COOK, being the duly elected and qualified Clerk of the
City of Baldwin Park, hereby certify that the foregoing Ordinance was intro-
duced at the meeting of the City Council held on the 17th day of
T)sce~her 195 and same was duly adopted at
the regular meeting of the City Council held on the 7th day of
Januam 19 5? by the following vote:
AYES: Councilmen-- Cole. Duskin. LittleJohn. Scovotti and Bi am
NOES: Councilmen None
ABSENT: Councilmen None
City Clerk
3..
ORD 035ê79wV ×P í > tD. NO. 35
J-IDAVI^1 OF PCS?'ING BY CITY CLFItK
COLUTT C', LOS s~?CvLES
ss
CITY OF 3ALLTlITd PARK
Elmer Cook, beinL duly sworn, deposes and says.
That I am the duly elected and qualified City
Clork c.f the City of Baldwin Pp.rk; that on the 17th
day
of Janua4Z 1953. I caused to So posted
in three conspicuous places a copy of Ordinance No. 35
as required by law and the Baldwin Park Municipal Code.
LrEr Cook
S uhscribed and sviorn to before me
this day of-,
1957
f
Nota y Public in and for. id County
and State
My Commlnlon bptres Marcfi 8, 1959
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