Twentynine Palms Municipal Code Ch. 15.01 Grant of Gas Company Franchise

The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) "Grantee" means the corporation to which the franchise contemplated in this Chapter is granted and its lawful successors or assigns;

(b) "City". means the City of Twentynine Palms, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form;

(c) "Streets" means the public streets, ways, alleys and places as the same now or may hereafter exist within said City;

(d) "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 said City, and used or useful, directly or indirectly for the purpose of transmitting or distributing electricity;

(e) "Construct and use" means to lay, construct, excavate, encroach, erect, install, operate, maintain, use, repair, replace relocate, or remove;

(f) "Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct and use poles, wires, conduits and appurtenances, including communication circuits, for transmitting and distributing electricity for any and all purposes in, along, across, upon, over, and under streets within the City. Any authorization, in whatever terms granted, shall mean and include any license or permit required for the privilege of transacting and carrying on a business within the City.

(88-16 § 1)

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 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.

(88-16 § 2)

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 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 forfeited for noncompliance with its terms by the Grantee.

(88-16 § 3)

(a) 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.

(b) 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 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 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.

(88-16 § 4—5)

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.

(88-16 § 7)

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.

(88-16 § 8)