Redlands Municipal Code Ch. 5.84 Electricity Franchise

Whenever in this chapter the words or phrases hereinafter in this section defined are used, 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: The city of Redlands, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

CONSTITUTIONAL FRANCHISE: The right acquired through acceptance by such grantee or 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 such section existed prior to its amendment on October 10, 1911, and now owned by such grantee, which entitles it to use the public streets and thoroughfares of the city for introducing and supplying such city and its inhabitants with illuminating light.

CONSTRUCT AND USE: To lay, construct, erect, install, operate, maintain, use, repair or replace.

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

POLES, WIRES, CONDUITS AND APPURTENANCES: Poles, towers, crossarms, conduits, cables, wires, service wires, guywire, 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.

STREETS: The public streets, ways, alleys and places as the same now are or may hereafter exist within the city. (Ord. 793 § 1, 1937)

The franchise: a) to use, for transmitting and distributing electricity within the city for any and all purposes other than those authorized under the constitutional franchise, all poles, wires, conduits and appurtenances, which are now or may hereafter by lawfully placed on, in or under the streets within the city, and b) to construct and use in the streets, all poles, wires, conduits and appurtenances necessary or proper for such purposes, is granted to Southern California Edison Company Ltd., upon the terms and conditions set forth in the franchise act of 1937. (Ord. 793 § 2, 1937)

The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of the railroad commission of the state, 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 the franchise and situate in 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 possessor thereof. (Ord. 793 § 3, 1937)

The grantee of the franchise shall, during the term hereof, pay to the city, during the life of the franchise, a sum annually which shall be equivalent to two percent (2%) 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 a sum which shall be equivalent to one-half percent (0.5%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under the franchise and such constitutional franchise. (Ord. 793 § 4, 1937)

The grantee hereof shall file with the city clerk of the city of Redlands, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the 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 the grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service for which the franchise is granted. It shall be the duty of the grantee to pay to the city within fifteen (15) days after the time for filing the 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 such statement. Any neglect, omission or refusal of the grantee to file such verified statement, or to pay such percentage at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of the franchise and of all rights hereunder. (Ord. 793 § 5, 1937)

The franchise codified in this chapter is granted under and in accordance with provisions of the franchise act of 1937. (Ord. 793 § 6, 1937)