III. Southern California Edison — Delano Municipal Code

ORDINANCE GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY LTD., ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY AND ELECTRICAL ENERGY WITHIN THE CITY OF DELANO FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10, 1911, ALL POLES, WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, ALLEYS, WAYS AND PLACES WITHIN SAID CITY AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, ALLEYS, WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES.

The City Council of the City of Delano does ordain as follows:

Section 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used for 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 Delano, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or re-incorporated form;

(c) The word "street" 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, crossarms, conduits, cables, wires, service wires, guy-wires, vaults, manholes, appliances, attachments, appurtenances and any other property located, or to be located, in, upon, along, across, under or over the streets of the city and used or useful in the transmitting and/or distributing of electricity and electrical energy.

(e) The phrase "construct and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair and replace.

(f) The phrase "constitutional franchise" shall mean the right acquired through acceptance by said grantee of its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10, 1911, and now owned by said grantee, which entitles it to use the public streets and thoroughfares of said city for introducing and supplying such city and its inhabitants with illuminating light.

Section 2. The franchise (a) to use, for transmitting and distributing electricity within the City of Delano for any and all purposes other than those authorized under said constitutional franchise, all poles, wires, conduits and appurtenances, which are now or may hereafter be lawfully placed on, in or under the streets within said city, and (b) to construct and use in said streets, all poles, wires, conduits and appurtenances necessary or proper for said purposes, is hereby granted to Southern California Edison Company Ltd., 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 the same shall, with the consent of the Railroad Commission of the State of California, be voluntarily surrendered or abandoned by the possessor thereof, 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 in 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 possessor thereof.

Section 4. The grantee of this franchise shall (a) construct, install and maintain all poles, 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 the City of Delano 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 of Delano, 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 of Delano and its officers from any and all liability for damages proximately resulting from any operations under this franchise; (d) remove or relocate, without expense to the City of Delano, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct, by the City of Delano; and (e) file with the legislative body of the City of Delano within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted hereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers.

Section 5. The grantee of said franchise, shall, during the term hereof, pay to said city, during the life of the franchise, a sum annually which shall be equivalent to 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 a sum which shall be equivalent to one-half percent (½%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under said franchise and said constitutional franchise.

Section 6. The grantee hereof shall file with the City Clerk of the City of Delano, within three (3) months after the expiration of the calendar year, or fractional calender year, following the date of the granting of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service for which this franchise is granted. It shall be the duty of the grantee to pay to the City of Delano within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by said statement. Any neglect, omission or refusal of said grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights hereunder.

Section 7. The grantee of this franchise shall file a bond, running to the City of Delano, with at least two good and sufficient sureties, to be approved by the legislative body thereof, in the penal sum of One Thousand Dollars ($1,000.00), conditioned that the grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and that in case of any breach of condition of said bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and sureties upon said bond. Said bond shall be filed with the legislative body of the City of Delano within five (5) days after the date of the granting of this franchise; and in case said bond shall not be so filed, or shall not receive the approval of the legislative body, this franchise shall be forfeited and any money paid to the City in connection therewith shall likewise be forfeited.

Section 8. This ordinance is granted under and in accordance with provisions of said Franchise Act of 1937.

Section 9. This ordinance shall become effective thirty (30) days after its final passage, unless suspended by referendum petition filed as provided by law.

Section 10. 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 hereof; 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 11. Within ten (10) days after the passage and publication of this ordinance the grantee shall file with the City Clerk a written acceptance of this franchise.

Section 12. The City Clerk shall certify to the adoption of this ordinance and shall cause same to be published once in the Delano Record, a newspaper of general circulation.

Signed and approved this 15th day of July, 1946.

HARRY O. SCOTT

Acting Mayor of the City of Delano, California.

Attest:

FAY S. SHORT

City Clerk of the City of Delano, California.

I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Delano on the 15th day of July 1946, by the following votes:

AYES: Councilmen McClintock, Post and Acting Mayor Scott

NOES: Councilmen None

ABSENT: Councilmen Girard and Mayor Perelli-Minetti

FAY S. SHORT

City Clerk of the City of Delano, State of California.

Publish: July 18, 1946.