Rancho Mirage Municipal Code Ch. 18.04 Electricity

Whenever in this chapter 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):

"City"

means the city of Rancho Mirage, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Construct and use"

means to lay, construct, erect, install, operate, maintain, use, repair, replace or relocate.

"Grantee"

means the corporation to which the franchise contemplated in this chapter is granted and its lawful successors or assigns.

"Poles, wires, conduits and appurtenances"

means 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 the city, and used or useful, directly or indirectly, for the purpose of transmitting or distributing electricity.

"Streets"

means the public streets, ways, alleys and places as the same now or may hereafter exist within the city.

(Ord. 21 § 1, 1973)

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 is granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of the Franchise Act of 1937.

(Ord. 21 § 2, 1973)

The franchise shall be indeterminate, that is to say, the 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 or some municipal or public corporation thereunto duly authorized by law shall purchases by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate within the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the grantee.

(Ord. 21 § 3, 1973)

The grantee of the franchise, during the life thereof, will pay to the city two percent of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts derived by grantee from the sale of electricity within the limits of the city.

(Ord. 21 § 4, 1973)

The grantee shall file with the city clerk of the city, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts of the grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of the city. The grantee shall pay to the city within fifteen days after the time for filing the 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 the statement. Any neglect, omission or refusal by the grantee to file the verified statement, or to pay the percentage at the times or in the manner hereinabove provided, shall constitute grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder.

(Ord. 21 § 5, 1973)

The ordinance codified in this chapter shall become effective thirty days after its final passage, unless suspended by referendum petition filed as provided by law.

(Ord. 21 § 6, 1973)

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; the payment to be made within thirty days after the city shall have furnished the grantee with a written statement of such expenses.

(Ord. 21 § 7, 1973)

The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the city clerk of the city.

(Ord. 21 § 8, 1973)