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.
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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
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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
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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