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13 ORDINANCE NO . 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRAN- CHISE TO USE AND TO CONSTRUCT AND USE, FOR TRANSMIT- TING AND DISTRIBUTING ELECTRICITY FOR ANY AND ALL PUR- POSES, POLES, WIRES, CONDUITS AND APPURTENANCES, IN- CLUDING COMMUNICATION CIRCUITS NECESSARY OR PROPER THEREFOR, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN THE CITY OF GRAND TERRACE. WHEREAS, The City Council of the City of Grand Terrace 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; (b) The word "City" shall mean the City of Grand Terrace, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, en- larged 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 the said City. (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, 9014 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 dis- tributing 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, neces- sary or proper therefor, in, along, across, upon, over and under the streets within the City of Grand Terrace, 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. 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 vol- untarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall pur- chase 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 grantees. -2- 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 (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 state- ment, 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 -3- 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. 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. First read at a regular meeting of the City Council of said City held on the 15th day of February, 1979, and finally adopted and ordered posted at a regular meeting of said City Council held on the lst day of March, 1979, by the following vote: AYES: Councilmen Tillinghast, Erway, Allen, Grant Mayor Petta. NOES: NONE ABSENT: NONE Mayor of he City of Grand Terrace and the City Council thereof. ATTEST: XAQLA0144e� Clerk of the City of Grand Terrace and of the City Council thereof. (SEAL) Approved as to Form: City Attorney -4- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at the organizational meeting of the City Council held on the 1st day of March, 1979, and that it was so adopted by the following vote: AYES: Councilmen Tillinghast, Erway , Allen , Grant; Mayor Petta . NOES: None ABSENT: None Qoww� City Clerk of the City of Grand Terrace and of the City Council thereof. (SEAL; STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, SETH ARMSTEAD, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY, that the above and foregoing is a full , true and correct copy of Ordinance No. 13 of said City Council and that the same has not been amended or repealed. DATED: March 1 , 1979 Q604W ;CitynAClerk of the City of Grand Terrace and of the City Council thereof. (SEAL) Subscribed and Sworn to before me -- this day of�''�`� r� , 19 I'L TABV PUBUG OFFICIAL SEAL In and for the County of San Bernardino, State of California y l KITTY L. HILL NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN BERNARDINO COUNTY My Commission Expires June 14, 1982