ORD 028 ORDINANCE NO. 28
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, 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 APPUR-
TENANCES, 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 RANCHO PALOS VERDES.
The City Council of the City of Rancho Palos Verdes 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 respec-
tive meanings assigned to them in the following definitions (unless, in the
given instances, the context wherein they are used shall clearly import a dif-
ferent 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 Rancho Palos Verdes,
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 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, 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.
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 appurtenances, including communication circuits, necessary or proper therefor,
in, along, across, upon, over and under the streets within the City of Rancho
Palos Verdes, 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.
Section 3: 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.
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 pre-
ceding 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.
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: 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 connec-
tion 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 state-
ment of such expenses.
Section 8: 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.
Section 9: 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.
First read at a regular meeting of the City Council of said City held on the
19th day of March, 1974, and finally adopted and ordered posted at a regular meet-
ing of said City Council held on the 2nd day of April, 1974, by the following vote:
AYES: Buerk, Dyda, Ruth, R. Ryan, M. Ryan
NOES: None
ABSENT: None
MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
Z4A-
IP4
Deputy
Page 2 ORD. 28
I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 28 approved and adopted by the City Council of the City of Rancho Palos Verdes
at a meeting thereof held on the 2nd day of April, 1974, and that said ordinance
was posted pursuant to law.
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
By
Deputy
Page 3 ORD. 28
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned declares and certifies under penalty of
perjury
That he at all times herein mentioned was and now is the
duly qualified and acting City Clerk of the City of Rancho Palos
Verdes, California;
That on the s* day of 4a/Wwied , 19 77$4 , he
caused to be posted in three conspicuous public places, as required
by law,
411 at, .2
4
a copy of which is attached hereto, in the following public places
in this City:
City Hall
31244 Palos Verdes Drive West
Los Angeles County Fire Station
4000 Miraleste Plaza
Ridgecrest Intermediate School
28915 Northbay Road
Dated this ill:746 day of 4:e41.42.I , 19 7,4
LEONARD G. WOOD, CITY CLERK
EX OFFICIO CLERK OF THE COUNCIL
By
Deputy