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HomeMy WebLinkAboutORD 022 1984 0718ORDINANCE NO. 22 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, 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 MOORPARK. The City Council of the City of Moorpark 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 in which they are used clearly imports 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 Moorpark, 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, sidewalks, curbs, gutters, parkways and places as the same now or may hereafter exist within said City; (d) The phrase "poles, wires, conduits and appurte- nances" 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; (f) The word "Engineer" shall mean the Director of Public Works of the City. 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 appurte- nances, including communication circuits, necessary or proper therefor, in, along, across, upon, over and under the streets within the City of Moorpark, is hereby granted to Southern California Edison Company, its lawful succes- sors and assigns, under and in accordance with the provi- sions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937. Section 3. Said franchise shall be indeterminate, and shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the franchise 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 forefeited 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 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 -2- 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 afore- said percentage of its gross receipts for the calendar year, or fractional calendar year, covered by said state- ment. 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. This grant is made in lieu of all other franchises owned by the grantee, or by any successor of the grantee to any rights under this franchise, for trans- mitting and distributing electricity within the limits of the City, as said limits now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted. Section 8. The franchise granted hereunder shall not become effective u..til written acceptance thereof shal] have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex or consolidate with, additional territory, any and all franchise rights and privileges owned by the Grantee therein shall likewise be deemed to be abandoned within the limits of such territory. Section 9. The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the grantee. Section 10. The franchise be ever given any value before authority in any proceeding of the cost to the grantee of the -3- granted hereunder shall not any court or other public any character in excess of necessary publication and any other sum paid by it to the City thereof at the time of the acquisition thereof. Section 11. The grantee of this franchise shall (a) construct, use, install and maintain all pole, wires, conduits and appurtenances in accordance with and in conformity with all of the ordinances, rules and regulations heretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities; (b) pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the grantee under this franchise; (c) indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California; (d) remove or relocate, at the request of the City and without expense to the City, any facilities installed, used and maintained under this fran- chise, whenever the removal or relocation is for any proper governmental purpose, including any removal or relocation made necessary for the reasons described in Public Utilities Code Section 6297; (e) file with the legislative body of the City within thirty (30) days after any sale, transfer, assign- ment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same,* certified thereto by the grantee or its duly authorized officers. -4- Section 12. All street coverings or openings of traps, vaults and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line. Section 13. If any portion of any street shall be damaged by reason of defects in any of the poles, wires, conduits and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any poles, wires, conduits and appurtenances constructed or maintained under this grant, said grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reason- able satisfaction. Section 14. (a) If the grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited. (b) The City may sue in its own name for the forfeiture of this franchise, in the event of non - compliance by the grantee, its successors or assigns, with any of the conditions thereof. Section 15. 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 16. 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, as designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of postinq, to be entered in the book of ordinances of this City. MIC Section 17. The franchise shall become effective when the grantee files written acceptance of the franchise with the City Clerk. When so filed the acceptance constitutes a continuing agreement by the grantee that if and when the granting municipality thereafter annexes, or consolidates with, additional territory, all franchises, rights and privileges owned by the grantee therein, except a franchise derived under Section 19 of Article XI of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911, shall be deemed abandoned within the limits of the additional territory. PASSED, APPROVED AND ADOPTED this 18th day of ply . 1984. ATTEST: (SEAL) cl I X�Ljz� City Clerk -ti- STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 22 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 18 day of July , 1984, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Harper, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 18th day of July , 1984. (SEAL)